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HomeMy WebLinkAboutResolution 84-90 to 142-90RESOLUTIONS - 1990 NUMBER TITLE ADOPTED 84-90 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASE- MENT FOR STREET PURPOSES ALONG LOT 1, BLOCK 5B, ATASCADERO BEACH SUBDIVISION (3310 MAIN STREET) 07-09-90 85-90 VOID 86-90 RESOLTUION COMMENDING THE MORRO BAY HIGH SCHOOL TEAM OF DAVID FELLOWS, NATHAN GRIFFIN & INSTRUCTOR GARY VILLA FOR THEIR CHAMPIONSHIP WINS AT THE CALIFORNIA & NATIONAL PLYMOUTH-AAA AUTOMOTIVE TROUBLE SHOOTING CONTESTS 07-09-90 87-90 RESOLUTION ESTABLISHING CRITICAL WATER SUPPLY CONDITIONS 07-23-90* 88-90 RESOLUTION DECLARING THE COUNCIL'S INTENTION TO FORM A LANDSCAPING & LIGHTING ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARK 07-09-90 89-90 RESOLUTION OF SUPPORT FOR AB 145 (COSTA) AN $874 MILLION BOND ACT ENTITLED THE CALIFORNIA PARK, RECREATION & WILDLIFE ENHANCEMENT ACT OF 1990 07-09-90 90-90 RESOLUTION APPROVING ASSIGNMENT & ASSUMPTION OF LS#87-88/ 87W-88W FROM RALPH I. & SHIRLEY J. GUNTHER TO MICHAEL B. & BETTY JANE GREENBERG 1 07-09-90 91-90 RESOLUTION APPROVING ASSIGNMENT & ASSUMPTION OF LS#89/89W FROM RALPH I. & SHIRLEY J. GUNTHER TO MICHAEL B. & BETTY JANE GREENBERG 07-09-90 92-90 RESOLUTION AWARDING BID NO. 90-190 FOR ONE NEW 21-TON DUMP TRUCK 07-23-90 93-90 RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS 07-23-90 94-90 RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, PAUL DEIS 07-23-90 95-90 RESOLUTION ESTABLISHING A FIRE LANE & COMMERCIAL LOADING ZONE IN AN AREA ADJACENT TO THE NORTH CITY T-PIER USED FOR ALLEY PURPOSES 07-23-90 96-90 RESOLUTION COMMENDING MANUEL VENANCIO FOR HIS 30 YEARS OF PUBLIC SERVICE UPON RETIREMENT FROM THE CITY OF MB 07-23-90 97-90 RESOLUTION ORDERING THE FORMATION OF THE BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT, CONFIRMING DIAGRAM BOUNDARIES & LEVYING AN ASSESSMENT 07-23-90 98-90 RESOLUTION EXTENDING GREETINGS TO VISITING MEMBERS OF THE COMMITTEE OF YOUTH ORGANIZATIONS OF THE USSR (KMO) 07-23-90 99-90 RESOLUTION ACCEPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY 08-13-90 6 RESOLUTIONS - 1990 6 NUMBER TITLE ADOPTED 100-90 RESOLUTION REJECTING ALL BIDS SUBMITTED FOR PROJECT NO. PW89-16; CENTENNIAL PARKWAY RESTROOM FACILITY & DIRECTING REDESIGN & READVERTISING 08-13-90 101-90 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG PORTIONS OF KODIAK & LUZON STREETS (BRADLEY & BEVERLY GILTON, OFFERORS)f 08-13-90 102-90 RESOLTUION APPROVING JPA AUTHORIZING';FORMATION & OPERA- TION OF THE SLO AREA COORDINATING COUNCIL IN FY90-91 08-13-90 103-90 RESOLTUION AUTHORIZING & DIRECTING THE INSTALLATION OF 4-WAY STOP SIGNS AT INTERSECTION OF MB BLVD/NAPA AVE. 08-27-90 104-90 RESOLUTION MODIFYING A CONDITION OF APPROVAL FOR CUP 23989/CDP 32-89R RETAINING ON-STREETIIPARKING ON BERNARDO AVE; PACIFIC ST. TO MB. BLVD. ALLEY 08-27-90 105-90 RESOLUTION AUTHORIZING & DIRECTING THE INSTALLATION OF A STOP SIGN ON ZANZIBAR ST. AT MAIN ST. 09-10-90 106-90 107-90 ni: •l, 109-90 110-90 111-90 RESOLUTION AUTHORIZING THE REMOVAL OF NO -PARKING RESTRIC- TIONS ON MB BLVD. AT NAPA AVE. 09-10-90 RESOLUTION APPROVING AN AGREEMENT WITH SLO COUNTY CON- FIRMING THE CITY'S BENEFICIAL USE OF11WATER FROM A COUNTY - OPERATED WELL LOCATED IN THE CHORRO CREEK BASIN 09-10-90 RESOLUTION APPROVING AN AGREEMENT WITH P.G.&E. FOR THE TEMPORARY USE OF 2 WATER WELLS FOR AN EMERGENCY SUPPLE- MENTAL WATER SUPPLY RESOLUTION APPROVING AN AGREMEENT WITH ARROWHEAD INDUS- TRIAL WATER, INC. FOR THE RENTAL OF A PORTABLE REVERSE OSMOSIS WATER TREATMENT RESOLUTION ORDERING NUISANCE ABATEMENT OF 2590 LAUREL, APN 68-253-36; CYMB MORRO DEL MAR UNIT 2 BK 27 LOT 28 RESOLUTION APPROVING PAUP #468 FOR 1990 HARBOR FESTIVAL 09-10-90 09-10-90 09-10-90 09-10-90 112-90 RESOLUTION ANNOUNCING FINDINGS & APPROVING AMENDMENTS TO GENERAL PLAN & LCP LUP TO REVISE THE DESIGNATED LAND USE AREA BETWEEN STATE HWY 41 & MORRO CREEK FROM THE NORTH MAIN ST. SPECIFIC PLAN 09-10-90 113-90 RESOLTUION ORDERING NUISANCE ABATEMENT OF 2598 LAUREL, APN 68-253-28; CYMB MORRO DEL MAR UNIT 2 BK 27 LOT 29 09-10-90 114-90 RESOLUTION AUTHORIZING FILING OF LOAN APPLICATION TO DEPT. OF BOATING & WATERWAYS FOR RECONSTRUCTION OF SO. T-PIER 09-24-90 115-90 RESOLTUION APPROVING ASSIGNMENT & ASSUMPTION OF LS#62/62W FROM BRUCE & KATHY LEWIS TO QASI, CORP.; & AMENDMENT TO LEASE PROVIDING NEW PERMITTED USES & CHANGE OF HOURS OF OPERATION 09-24-90 lb RESOLUTIONS - 1990 16 NUMBER TITLE ADOPTED 116-90 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR UMTA SECTION 18 GRANT FUNDS/MB D-A-R OFFICE WORKSTATION UPGRADE PROJECT 09-24-90 117-90 RESOLUTION APPROVING RATE INCREASES FOR REFUSE COLLECTION SERVICES TO OFFSET INCREASED LANDFILL CHARGES & ESTAB- LISHING NEW PROCEDURE TO PROCESS SIMILAR REQUESTS IN THE FUTURE 09-24-90 118-90 VOID 119-90 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LS#91-92/ 91W-92W TO RAY & BECKY KNOX (ANDERSON) 09-24-90 120-90 RESOLTUION APPROVING SUBLEASE FOR PORTION OF LS#93-95W TO RAY & BECKY KNOX (GEORGE) 1 09-24-90 121-90 RESOLUTION COMMENDING & THANKING CHUCK LOWMAN FOR 6 YEARS OF SERVICE TO THE CITY UPON RETIREMENT 09-24-90 122-90 RESOLTUION ACCEPTING GRANT MONIES FROM COASTAL CONSERVANCY FOR FUNDING OF CENTENNIAL PARKWAY RESTROOM PROJECT & RECREATIONAL PHASE OF TIDELANDS PARK 09-24-90 123-90 VOID 124-90 RESOLUTION APPROVING CONTRACT WITH DEPT. WATER RESOURCES FOR LOW -INTEREST LOAN TO DESIGN & CONSTRUCT A WATER TREATMENT PLANT 10-08-90 125-90 RESOLTUION APPROVING RIGHT-OF-WAY CERTIFICATION FOR THE PROPOSED FAU PROJECT ON MAIN ST. IN THE VICINITY OF QUINTANA ROAD 10-08-90 126-90 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PROJECT NO. PW90-05; FERROUS CHLORIDE FEED SYSTEM FOR HYDROGEN SULFIED CONTROL TO R. BAKER, INC. IN AMOUNT OF $83,890 10-08-90 127-90 RESOLUTION ACCEPTING SETTLEMENT OF WORKERS' COMPENSATION CLAIM IN BRYN V. CITY OF MB 10-08-90 128-90 RESOLUTION DETERMINING INDUSTRIAL DISAIBLITY OF LOCAL SAFETY MEMBER, ROBERT BRYN 10-08-90 129-90 RESOLUTION APPROVING MOA FOR PREPARATION OF CITY & COUNTY SOURCE REDUCTION & RECYCLING ELEMENTS & COUNTY INTEGRATED WASTE MANAGEMENT PLAN TO COMPLY WITH CA INTEGRATE SOLID WASTE MGMT. ACT OF 1989 (AB 939) SLO COUNTY 10-08-90 130-90 RESOLUTION ANNOUNCING FINDINGS & ENDORSING DESIGNATION OF CENTRAL COAST NATIONAL MARINE SANCTUARY IN THE WATERS OFF THE CENTRAL COAST OF CALIFORNIA 10-08-90 1 RESOLUTIONS - 1990 NUMBER TITLE ADOPTED 131-90 RESOLUTION AWARDING CONTF.ACT FOR CONSTRUCTION OF PROJECT NO. PW 89-16; CENTENNIAL PARKWAY RESTROOM FACILITY (SECOND BIDDING) TO RIEDEL CONSTRUCTION 11-13-90 132-90 RESOLUTION OPPOSING THE ENACTMENT & IMPLEMENTATION OF SB 2557, & SUPPORTING ITS REPEAL 10-22-90* 133-90 RESOLUTION REJECTING BIDS & STATING FINDING OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW 90-04 11-13-90 134-90 RESOLUTION APPROVING TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1990/91 11-13-90 135-90 RESOLUTION AUTHORIZING VARIOUS RECREATION EMPLOYEES TO REPRESENT THE CITY AT LICENSED SCHOOL AGE CARE SITES FOR THE PURPOSE OF RECEIVING MATERIALS 11-13-90 136-90 RESOLUTION ASSIGNING LEASE SITE 86/86W FROM H.L. YOCUM & SONS, A PARTNERSHIP, TO CLARA BELLE YOCUM, H. GENE YOCUM & ROBERTA ARCHULETA 11-13-90 137-90 RESOLUTION APPROVING PAUP NO. 503 FOR 1990 LIGHTED BOAT PARADE 1 11-13-90 138-90 RESOLUTION ANNOUNCING FINDINGS & DENYING AN APPEAL & UPHOLDING THE PC ACTION APPROVING A VESTING TENTATIVE PARCEL MAP TO SUBDIVIDE ONE 177.23 ACRE PARCEL INTO 4 PARCELS & A REMAINDER - WILLIAMS BROTHERS 11-13-90 139-90 RESOLUTION DECLARING INTENTION TO FORM STORM DRAIN MAINTENANCE DISTRICT NO. 1 FOR TRACT MAP NO. 1231 (IRONWOOD COURT) LOPERENA 11-26-90 140-90 RESOLUTION ESTABLISHING A 20-MINUTE PARKING ZONE IN AREA SO. OF NO. CITY T-PIER IN AREA PREVIOUSLY ESTABLISHED AS COMMERCIAL LOADING ZONE BY RES.NO. 95-90 12-10-90* 141-90 RESOLUTION APPROVING AMENDMENT OF LEASE FOR LS#71-72W TO INCREASE RENTS & EXTEND THE LEASE UNTIL 6-30-91 11-26-90 142-90 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON 11-6-90; DECLARING THE RESULTS; & SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 12-04-90 R E S O LUT 2 ON NO . ].4 2— 9 0 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 6TH DAY OF NOVEMBER, 1990; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a regular general conducted in the City of Morro State of California, on Tuesday, required by law; and municipal election was held and Bay, County of San Luis Obispo, the 6th day of November 1990, as WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the general municipal election consolidated with the Statewide General Elec- tion held on November 6, 1990, and the County Clerk has duly cer- tified to this City Council the result of ,the votes cast at said election which said certification is attached hereto and by ref- erence made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county election. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: A Mayor of said City for the full term of two years; Two members of the City Council of said City for the full terms of four years. Resolution No. 142-90 Page 2 3. That said general municipal election was also held for the purpose of voting on the following measures as submitted to the electors of said City: MEASURE "G" - EMERGENCY MEDICAL SERVICES Shall a Measure be enacted to adopt a special tax to provide and pay for emergency medical services in the City of Morro Bay? MEASURE "H" - WILLIAMS BROTHERS REZONING Shall an Ordinance be enacted to rezone a portion of the Williams Brothers property to reduce the acreage allowed for commercial and to prohibit visitor serving commercial? MEASURE "I" - WATER ALLOCATION POLICIES Shall an Ordinance be enacted to reform water allocation policies? 4. That the names of the persons voted for at said elec- tion for the Mayor are as follows: Rose Marie Sheetz John C. Baker 5. That the names of the persons voted for at said elec- tion for Councilmember of said City are as follows: Chuck Clarke John Lemons Ben Luna John Malmquist Susan Mullen March C. Phillips Rebecca May (write-in) 6. The City Council does declare and determine that: ROSE MARIE SHEETZ was elected as Mayor of said City for the full term of two years. SUSAN MULLEN was elected as Councilmember of said City for a full term of four years. BEN LUNA was elected as Councilmember of said City for a full term of four years. 11 The required number of qualified voters voting on MEASURE "G" relating to Emergency Medical "Services did not vote in favor thereof, and said measure failed. Resolution No. 142• Page 3 The required number of qualified voters voting on MEASURE "H" relating to Williams Brothers Rezoning did vote in favor thereof, and said initiative was carried. The required number of qualified voters voting on MEASURE "I" relating to water allocation policies did vote in favor thereof, and said initiative was carried. 7. At said election the names of the persons voted for and the number of votes given each person, and'the measures voted for and the number of votes given for and against each measure are as set forth in the attached certification. B. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 9. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the Morro Bay City Council at a special meeting thereof held on the 4th day of December, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: F.LTia6L ARDITH DAVIS, City Clerk CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL'VOTES CAST AT THE GENERAL ELECTION NOVEMBER 6, 1990 CITY OF MORRO BAY COUNTY OF SAN LUIS OBISPO ) ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk-Recorder'of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 6, 1990, in the City of Morro Bay , and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate, and that the totals shown for and against each candidate, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this —X day ofG' .1.990. FRANCIS M. COONEY, County Cler eco er CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 6, 1990 CITY OF MORRO BAY MEASURE "G" COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 6, 1990, in the City of. Morro Bay , and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against each measure, and that the totals shown for and against each measure, and in each of the respective precincts therein, are full, true and correct: Measure "G": "Shall a Measure be enacted to adopt a special tax to provide and pay for emergency medical services in the city of Morro Bay?" WITNESS, my hand and Official Seal this 1990. / _L day of��j/�,�`, FRANCIS I-. COONE , County erk-R order CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 6, 1990 CITY OF MORRO BAY MEASURE "H" COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 6, 1990, in the City of Morro Bay , and that a Xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against each measure, and that the totals shown for and against each measure, and in each of the respective precincts therein, are full, true and correct: Measure "H": "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?" WITNESS, my hand and Official Seal this day of 1990..��— FRANCIS M. COONEY, Count 2JDR ecorder 6 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEPBER 6, 1990 CITY OF MORRO BAY MEASURE "I" COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 6, 1990, in the City of Morro Bay , and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against each measure, and that the totals shown for and against each measure, and in each of: the respective precincts therein, are full, true and correct: Measure "I": "Shall an Ordinance be enacted to reform water allocation policies?" WITNESS, my hand and Official Seal this day of7� > 1990.. FRANCIS ,. COONE , County 15ecorder SAN LIIIS On] SRO COUNTY GFY.ERAL ELECTION I1-6-90 CITY OF MOR Rn BAY - MAYOR PRE IMC. T VOTERS TRNOUT PCT A 8 C 0 ----------------"'------ CO-I PRECINCT 47 ------ 1022 ------ 534 ----- ------ 52.3 ------ 42 0 ----` ------ 263 -- 229 C04 PRECINCT 48 948 48l 50.7 16 0 211 253 CON PRECINCT 49 905 488 53.9 32 0 228 226 COY PRECINCT 50 925 469 50.7 26 0 202 239 CON PRECINCT 51 721 375 52.0 33 0 190 150 CON PRECINCT 52 936 477 51.0 31 0 264 lot CON PRECINCT 53 927 497 53.6 26 0 248 218 ABSENTEE CON 47 0 183 0.0 t0 0 79 93 ABSENTEE CON 48 0 192 0.0 7 0 61 103 ABSENTEE CON 49 0 112 0.0 6 0 51 55 ABSENTEE CON 50 0 141 0.0 5 0 72 62 ABSENTEE CON 51 0 119 0.0 7 0 50 61 ABSENTEE CON 52 0 179 0.0 7 0 94 79 ABSENTEE CON 53 0 192 0.0 11 0 76 103 aa> PRECINCT TOTALS 6384 3321 52.0 206 0 1606 1496 va> ABSENTEE TOTALS 0 lll0 0.0 53 0 503 5.55 TOTAL VOTES 6384 4439 69.5 259 0 2109 2051 A: MAYOR CITY OF MORRO BAY BLANK VOTES B: MAYOR CITY OF M0RRO BAY OVER VOTES C: MAYOR CITY OF MORRO BAY ROSE MARIE SHEETZ --------------- C 0 L U M N L E G E N D 0: MAYOR G: CITY OF MORRO BAY JOHN C. BAKER E: MAYOR CITY OF M0RRO BAY MRTTEPJ VOTES F: H: I: e r 1 I 2 2 1 1 5 3 t 0 2 I 0 2 13 9 22 J: K: L: PACE 33. I K L B SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-6-90 CITY OF MORRO BAY - MAYOR � PAGE R E C A P ------------------------ VOTERS TRIIOIIT PCT 4 B C D E F G H I TOTAL DIST 1 SUPERVISOR ------ 0 ------ 0 ----- ------ 0.0 ------ 0 0 ------ - 0 ---- ------ 0 ------ 0 ------ ------ ------ TOTAL DIST 2 SUPERVISOR 6384 4439 69.5 259 0 2109 2051 22 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 I TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 TOTAL VOTERS 6384 4439 69.5 259 0 2109 2051 22 CONGRESSIONAL DIST 16 6384 4439 69.5 259 0 2109 2051 22 CONGRESSIONAL DIST 20 0 0 0.0 0 0 0 0 0 STATE SENATOR DIST 14 6384 4439 69.5 259 0 2109 2051 22 ASSEMBLY DISTRICT 29 6364 4439 69.5 259 0 2109 2051 22 CITY OF ARROYO GRANDE 0 0 D.0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 CITY OF MORRO BAY 6384 4439 69.5 259 0 2109 2051 22 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0' ABSENTEES 0 1118 0.0 53 0 503 555 9 TOTAL VOTERS 6384 4439 60.5 259 0 2109 2051 22 MAYOR CITY OF MORRO BAY BLANK VOTES MAYOR CITY OF MORRO BAY OVER VOTES MAYOR CITY OF M3RRO BAY ROSE MARIE SHEETZ C O L U M N L E G E N D D: MAYOR G: CITY OF MORRO BAY JOHN C. BAKER E: MAY OR CITY OF MORRO BAY NRITEIN VOTES F: H: I: J: K: L: 33. J K L SAN LUIS OBISPO COUNTY GENERAL ELECTIC'! i1-6-90 CITY OF MORRO BAY - MDR OF THE CITY COUNCIL PAGE 34. 1 PRECINCT ------------------------ VOTERS ------ TR NOUT ------ PCT ----- ------ A ------ B C O [ I F G H I J K L CON PREC14CT 47 1022 534 52.3 39 4 ----- ------ 161 ------ Z03 ------ 246 ------ ------ 67 221 28 ------ ------ ------ ------ 0 CON PRECINCT 48 948 481 50.7 19 1 185 216 176 76 178 34 2 CON PRECINCT 49 905 49B 53.9 33 L 141 173 202 91 184 46 2 CON PRECINCT 50 9Z5 469 50.7 24 4 176 195 162 73 167 28 0 CON PRECINCT 51 721 375 52.0 33 2 113 143 148 42 160 25 2 C04 PRECINCT 52 936 477 5I.0 33 3 130 142 225 53 243 46 4 CON PRECINCT 53 927 497 53.6 26 3 155 205 22Z 54 232 35 0 ABSENTEE CON 47 0 183 0.0 8 1 70 67 72 21 84 16 O ABSENTEE CON 48 0 192 0.0 5 1 92 90 55 30 63 22 0 ABSENTEE CON 49 0 112 0.0 6 1 41 43 46 14 43 11 3 ABSENTEE COY 50 D 141 0.0 4 2 54 50 54 31 63 11 0 ABSENTEE CON 51 0 119 0.0 6 I 41 47 49 20 44 10 0 ABSENTEE CON 52 0 179 0.0 15 2 51 52 73 19 86 12 1 ABSENTEE CON 53 0 192 0.0 8 0 78 95 72 29 66 17 0 ••> PRECINCT TOTALS 6384 3321 52.0 207 i8 1061 1277 1401 456 1385 242 10 _•> ABSENTEE TOTALS 0 1118 0.0 52 8 427 444 421 164 449 99 4 ••> TOTAL VOTES 6384 4439 69.5 259 26 1488 1721 1822 1, 620 1834 341 14 MDR OF THE CITY COUNCIL CITY OF MORRO BAY BLANK VOTES MBR OF THE CITY COUNCIL CITY OF MORRO DAY OVER VOTES MBR OF THE CITY COUNCIL CITY OF MORRO BAY CHUCK CLARKE --------------- C 0 L U M N 0: MBR OF THE CITY COUNCIL CITY OF MORRO BAY JOHN LEMONS E: MBR OF THE CITY COUNCIL CITY OF MORRO BAY BEN LUNA F: MBR OF THE CITY COUNCIL CITY OF MORRO DAY JOHN MALMOUIST L E G E N D ------------------------ i G: MBR OF THE CITY COUNCIL J: CITY OF MORRO!BAY SUSAN MULLEN r. H: MBR OF THE CITY COUNCIL K: CITY OF MORRO MARY C. ,BAY PHILLIPS 1: MBR OF THE CITY COUNCIL U CITY OF MORRO 'BAY NRITEIN VOTES u Wl LUIS OBISPO COUNTY GENERAL ELECTION R E C A P TOTAL DIST l SUPERVISOR TOTAL DIST 2 SUPERVISOR TOTAL DIST 3 SUPERVISOR TOTAL DIST 4 SUPERVISOR TOTAL DIST 5 SUPERVISOR TOTAL VOTERS CONGRESSIONAL DIST 16 CONGRESSIONAL DIST 20 STATE SENATOR DIST 14 ASSEMBLY DISTRICT 29 CITY OF ARROYO GRANDE CITY OF GROVER CITY CITY OF MORRO BAY CITY OF PASO ROBLES CITY OF SAN LUIS OBISPO CITY OF PISMO BEACH CITY OF ATASCAOERO UNINCORPORATED ABSENTEES TOTAL VOTERS A: MBR OF THE CITY COUNCIL CITY OF MORRO DAY BLANK VOTES B: MBR OF THE CITY COUNCIL CITY OF MORRO BAY OVER VOTES C: MBR OF THS CITY COUNCIL CITY OF MORRO BAY CHUCK CLARKE VOTERS TRNOUT 11-6-90 CITY OF MORRO BAY - MOR OF THE CITY COUNCIL PAGE 34. PCT A B C 0 E F G H I J K L ----- ------ ------ ---"-- ------------------ ------ ------ ------ ------ ------ ------ 0 0 0.0 0 0 0 0 0 0 0 0 0 6384 4439 69.5 259 26 1488 1721 1822 620 1634 341 14 0 0 0.0 0 0 0 0 O i 0 0 0. 0 0 0 0.0 0 0 0 0 01 0 0 0 0 0 0 0.0 0 0 0 0 O,I 0 0 0 0 6384 4439 69.5 259 26 1488 1721 1822, 620 1834 341 14 6384 4439 69.5 259 26 1488 1721 1822 620 1834 341 14 0 0 0.0 D O D 0 O'. 0 0 0 0 6384 4439 69. 5' 259 26 1488 1721 1822 620 1834 341 14 6384 4439 69.5 259 26 1488 1721 1322. 620 1834 341 14 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0 6384 4439 69.5 259 26 1488 1721 1822, 620 1834 341 '14 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0 0 D 0.0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0 0 ilia 0.0 52 8 427 444 421 164 449 99 4 6384 4439 69.5 ' 259 26 1488 172.1 1822 620 1834 341 14 - ----- ------- C 0 L U M N 0: MBR OF THE CITY COUNCIL CITY OF MORRO BAY JOHN LEMONS E. MBR OF THE CITY COUNCIL CITY OF MORRO SAY BEN LUNA F: MBR OF THE CITY COUNCIL CITY OF MORRO BAY - JOHN MALMQUIST L E G E N D------------- G: MBR OF THE CITY COUNCIL CITY OF MORRO BAY SUSAN MULLEN H: MBR OF THE CITY COUNCIL CITY OF MORRO BAY MARY C. PHILLIPS It MBR OF THE CITY COUNCIL CITY OF MORRO BAY MRITEIN VOTES J: K: L: U 1. .I SAN LUIS 08ISPO COUNTY GENERAL ELECTION 11-6-90 CITY MEASUPE. G C CITY MEASURE 111 PRECINCT ------------------ VOTERS TRNOUT PCT C EI F CON PRECINCT _---- 47 ----- 1022 ------ 534 _____ -__-_A 52.3 -_-__B 16 O -_-- --_-_0 33Z _____i------ 187 . C04 PRECINCT 40 948 401 50.7 16 1 324 140 CON PRECINCT 49 905 488 53.9 19 2 290 177 CON PRECINCT 50 q25 469 50.7 18 1 268 181 CON PRECINCT 51 721 375 52.0 14 1 238 122 CON PRECINCT 52 936 477 51.0 14 1 294 16B CON PRECINCT 53 927 497 53.6 12 0 337 147 ABSENTEE CON 47 0 183 0.0 7 0 97 81 ABSENTEE CON 48 0 192 0.0 4 0 118 70 ABSENTEE CON 49 0 112 0.0 1 1 74 36 ABSENTEE CON 50 0 141 0.0 3 0 79 59 " ABSENTEE CON 51 0 119 0.0 5 0 64 50 ABSENTEE CON 52 0 179 0.0 11 0 105 63 ABSENTEE CON 53 0 192 0.0 30 0 112 70 PRECINCT TOTALS 6384 33ZI 52.0 100 6 2083 112Z II ABSENTEE TOTALS 0 1118 0.0 41 1 649 429. TOTAL VOTES 6384 4439 69.5 150 7 2732 tl 1551 I, PAGE 54. 1 GH 9 0 ------ 267 ------ 259 7 1 204 269 6 1 221 260 10 1 236 221 8 0 202 165 6 0 280 191 4 0 282 210 3 0 82 100 2 0 75 115 1 0 50 61' 3 0 69 69' 3 1 63 52 1 0 103 75 7 0 86 99 50 3 1692 1575 20 1 528 571 70 4 Z220 214A K ------------ _------ _ ----- _-------------------- C 0 L U M N L E G E N D -__ II_ --___-___________-___---------__-- A: YEAS G - MORRO BAY D: MEAS G - MORRO BAY G: MEAS H - MORRO BAY J! MEAS H - MORRO BAY EMERGENCY MED SVCS TAX EMERGENCY MED SVCS TAX WILLIAMS BROS .REZONE WILLIAMS BROS REZONE BLANK VOTES - NO BLANK VOTES 'Ij NO 8: MEAS G - HORRO BAY E: H: MEAS H'- MORRO BAY K: EMERGENCY MED SVCS TAX WILLIAMS BROS REZONE OVER VOTES .OVER VOTES CIF C: MEAS G - MORRO BAY F: 1: MEAS H - MORRO BAY L: EMERGENCY MED SVCS TAX WILLIAMS BROS REZONE YES YES 1 I B L SAN LUIS OR[ SPO COUNTY GENERAL ELECTION R E C A P VOTERS TRNOOT TOTAL GIST I SUPERVISOR 0 0 TOTAL DIST 2 SUPERVISOR 6384 4439 TOTAL DIST 3 SUPERVISOR 0 0 TOTAL DIST 4 SUPERVISOR 0 0 TOTAL DIST 5 SUPERVISOR 0 0 TOTAL VOTERS 6384 4439 CONGRESSIONAL DIST 16 6384 4439 C04GRESSIONAL DIST 20 1 0 0 STATE SENATOR DIST 14 6384 4439 ASSEMBLY DISTRICT 29 6384 4439 CITY OF ARROYO GRANDE 0 0 CITY OF GROVER CITY 0 0 CITY OF MORRO BAY 6384 4439 CITY OF PASO ROBLES 0 0 CITY OF SAN LUIS OBISPO 0 0 CITY OF PISMO BEACH 0 0 CITY OF ATASCADERO 0 0 UNINCORPORATED 0 0 ABSENTEES 0 1118 TOTAL VOTERS 6384 4439 11-6-90 CITY MEASURE G G CITY MEASURE !,H PAGE 54. PCT A ____ B C 0 E II !_---- F G H I J K L ______ ______ 0.0 0 0 ______ ______ 0 0 ------- - ______ ______ 0 0 ______ 0 ______ ----- ------ 0 69.5 150 7 2732 1551I 70 4 2220 2146 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 O 69.5 150 7 2732 1551 Ii 70 4 2220 2146 59.5 150 7 2732 1551 70 4 2220 2146 0.0 0 0 0 0 0 0 0 0 59.5 150 7 2732 1551 70 4 22N3 2146 59.5'- 150 7 2732 1551 70 4 2220 2146 0.0 0 0 0 0 0 0 0 0 0.0 " : 0 0 0 0 0 0 0 0' 59.5ISO 7 2732 1551 70 4 2220 2146 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 0 0.0 41 1 649 429 20 I 528 571 S9.5--^d50 7 2732 1551 70 4 2220. 2146 .____________________________--------------------- C O L U M N L E G E N D ----° A: MEAS G - MORRO BAY 0• MEAS G MORRO BAY G: MEAS H MORRO BAY J• I MEAS H MORRO BAY i EMERGENCY MED SVCS TAX EMERGENCY MED SVCS TAX WILLIAMS BROS REZONE WILLIAMS BROS REZONE I BLANK VOTES NO BLANK VOTES II' NO 1 0: MEAS G - MORRO BAY E: H: MEAS H - MORRO'SAY K: I I EMERGENCY MED SVCS TAX WILLIAMS BROS REZONE I OVER VOTES OVER VOTES it C: MEAS G - MORRO BAY F: I: MEAS H - MORRO BAY L: I I EMERGENCY MED SVCS TAX WILLIAMS BROS REZONE I ------------ YES —------ — ----- ------------------------------------------------- YES 'I _--- � III I ---------------- ------ __I SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-6-90 CITY MEASURE I u C COUNTY MEASURE J PAGE 55. 2 PRECINCT ----------------------- VOTERS T,RNOUT PCT CON PRECINCT 40 ------ 599 ------ 347 ----- -----A 57.9 0 CON PRECINCT 41 640 417 65.2 0 CON PRECINCT 42 1136 708 62.3 0 C04 PRECINCT 43 1050 618 58.9 0 C04 PRECINCT 44 755 463 61:3 0 CON PRECINCT 45 642 380 59.2 0 CON PRECINCT 46 622 368 59.2 0 CON PRECINCT 47 1022 534 52.3- 49 CON PRECINCT 48 948 481 50.7 34 CON PRECINCT 49 905 488 53.9 28 CON PRECINCT 50 925 469 50.7. 40 CON PRECINCT 51 721 375 52.0 35 CON PRECINCT 52 936 477 51.0 27 CON PRECINCT 53 927 497 53.6 35 CON PRECINCT 54 505 269 53.3 0 CON PRECINCT 55 318 49 *15.4 0 C04 PRECINCT 56 265 145 54.7 0 CON PRECINCT 57 766 378 49.3. 0 CON PRECINCT 58 855 489 57.2 0 CON PRECINCT 59 788 465 59.0 0 CON PRECINCT 60 808 472 58.4 0 CON PRECINCT 61 788 450 57.1 0 CON PRECINCT 62 1112 579 52.1 0 CON PRECINCT 63 695 363. 52.2, 0 CON PRECINCT 64 1031 453 43.9 0 CON PRECINCT 65 862 384 44.5 0 CON PRECINCT 66 807 348 43.1 0 CON PRECINCT 67 845 377 44.6 0 CON PRECINCT 68 1240 589 47.5 0 CON PRECINCT 69 978 465 47.5, 0 CON PRECINCT 70 608 305 50.2 0 CON PRECINCT 71 462 238 51.5 0 CON PRECINCT 72 871 49.7 0 CON PRECINCT 73 719 1433 357 49.7 0 CON PRECINCT 74 663 32L 48.4 0 CON PRECINCT 75 860 478 55.6 0 CON PRECINCT 76 790 411 52.0 0 CON PRECINCT 77 137 54 39.4 0 CON PRECINCT 78 1068 568 53.2 - 0 CON PRECINCT 79 274 145 52.9 0 A: MEAS I - MORRO BAY WATER ALLOCATION POLICY BLANK VOTES 8: MEAS I - MORRO BAY WATER ALLOCATION POLICY OVER VOTES C: MEAS I - MORRO BAY WATER ALLOCATION POLICY YES B C _____ _ _ ._ 0 0 _ ______ _ 0 0 0 0 0 0 E 0 0 0 0 t 0 0 A 243 243 217 230 t 253 207 218 210 E 158 182 254 196 199 262 t 0 0 0 0 0 0 1 0 0 0 0 0 0 E 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t 0 0 E 0 0 0 0 7 0 0 0 0 ? 0 0 ' 0 0 f 0 0 0 0 0 0 5 0 0 i C 0 L'U M N L E G E N 0---------------- D: MEAS I - MORRO BAY WATER ALLOCATION POLICY NO E: F: G: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. BLANK VOTESii H: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. OVER VOTES it I: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. YES I G H I J K L 0 0 217 100 9 0 267 112 9 0 447 202 3 0 389 166 1 0 273 140 O 0 202 138 6 0 211 112 6 0 299 160 2 0 265 154 9 1 257 171 4 0 244 142 0 0 211 93 8 0 272 127 4 0 282 151 9 1 138 101 9 0 '26 14 6 0 85 44 6 0 224 127 4 0 284 152 2 0 268 118 9 0 294 118 8 0 291 111 4 0 361 144 3 0 233 85 I I 287 114 2 0 273 59 0 0 219 79 5 0 240 81 8 0 396 125 1 0 283 121 1 0 152 102 6 0 156 56 9 0 276 118 1 0 209 119 5 0 210 76 7 0 286 124 8 0 246 108 5 0 27 23 8 0 329 lei 2 0 72 51 J: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. NO K- U SAN LUIS OBISPO COUNTY GENERAL ELECTION PRECINCT VOTERS TRNOUT ABSENTEE COY 12 0 134 ABSENTEE CON 13 0 190 ABSENTEE. CON 14 0 162 ABSENTEE CON 15 0 77 ABSENTEE CON 16 0 79 ABSENTEE CON 17 0 131 ABSENTEE CON 18 0 87 ABSENTEE CON 19 0 133 ABSENTEE COV 20 0 120 ABSENTEE CON 21 0 100 ABSENTEE CON 22 0 116 ABSENTEE CON 23 0 91 ABSENTEE CON 24 0 71 ABSENTEE CON 25 0 45 ABSENTEE CON 26 0 176 ABSENTEE CON 27 0 157 ABSENTEE CON 28 0 129 ABSENTEE CON 29 0 211 ABSENTEE CON 30 0 134 ABSENTEE CON 31 0 15 ABSENTEE CON 32 0 95 ABSENTEE�CON 33 0 72 ABSENTEE CON 34 0 102 ABSENTEE CON 35 0 105 ABSENTEE CON 36 0 95 ABSENTEE CON 37 0 58 ABSENTEE CON 38 0 107 ABSENTEE CON 39 0 149 ABSENTEE CON 40 0 124 ABSENTEE CON 41 0 104 ABSENTEE CON 42 0 148 ABSENTEE CON 43 0 213 ABSENTEE CON 44 0 129 ABSENTEE CON 45 0 99 ABSENTEE CON 46 0 87 ABSENTEE CON 47 0 183 ABSENTEE CON 48 0 192 ABSENTEE CON 49 0 112 ABSENTEE CON 50 0 141 ABSENTEE CON 51 0 119 A: MEAS I - MORRO BAY WATER ALLOCATION POLICY BLANK VOTES B: MEAS I - MORRO BAY WATER ALLOCATION POLICY OVER VOTES C: MEAS I - M0RRO BAY WATER ALLOCATION POLICY YES • II • 11-6-90 CITY MEASURE I L COUNTY MEASURE J PAGE 59. 5 PCT A 0 C 0 E F G H I ------ J .--- ------ 0.0 ------ 0 ------ 0 ----- 0 ------ ------ 0 ------ ------ 1B 0 ------ 73 43 0.0 0 0 0 0 i. 25 0 106 59 0.0 0 0 0 0 23 0 72 67 0.0 0 0 0 0 7 0 40 30 0.0 �0 0 0 0 5 0 38 36 0.0 0 0 0 0 13 0 58 60 0.0 0 0 0 0 ,I 14 0 36 37 0.0 0 0 0 0 ail 17 0 64 52 0.0 0 0 0 0 16 0 61 43 0.0 0 0 0 0 8 0 53 39 0.0 0 0 0 0 17 0 54 45 0.0 O 0 0 0 10 0 52 29 0.0 0 0 0 0 9 0 38 24 0.0 0 0 0 0 4 0 17 24 0.0 0 0 0 0 21 0 RO 74 0.0 0 0 0 0 IB 0 '89 50 0.0 0 0 0 0 17 0 61 51 0.0 0 0 0 0 27 0 ILO 74 0.0 0 0 0 '0 11 0 79 44 0.0 0 0 0 0 3 0 5 7 0.0 0 0 0 0 11 0 69 15 0.0 0 0 '0 0 6 0 42 24 0.0 0 0 - 0 0 5 0 71 26 0.0 0 0 0 0 12 0 70 23 0.0 0 0 0 0 8 0 51 36 0.0 0 0 0 0 10 0 32 16 0.0 0 0 0 0 12 0 62 33 0.0 0 0 0 0 12 0 79 58 0.0 0 0 0 0 8 0 77 39 0.0 O 0 0 0 l2 0 61 31 0.0 0 - 0 0 0 9 0 103 36 0.0 0 0 0 0 25 0 133 54 0.0 0 0 0 0 9 0 at 39 0.0 0 0 0 0 16 0 48 35 0.0 0 0 0 0 24 0 39 25 0.0 13 0 109 63 15 0 120 48 0.0 12 1 100 79 15 0 104 73 0.0 7 0 65 40 20 0 48 44 0.0 10 0 72 59 12 0 78 51 3.0 14 0 59 46 IB 0 63 37 K L I --------------- C O L U M N L£ G E N 0_-__--______-_-____--___-___-_-------_------_. O: MEAS I - MORRO BAY G: MEAS J - SLO COUNTY J: MEAS J - SLO CCUNTY WATER ALLOCATION POLICY TRANSIT CAPITAL IMPROV. TRANSIT CAPITAL IMPROV. NO BLANK VOTES' NO E: H: MEAS J - SLO COUNTY K: TRANSIT CAPITAL IMPROV. OVER VOTES 1 F: I: MEAS J - SLO COUNTY L: TRANSIT CAPITAL IMPROV. YES SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-6-90 CITY MEASURE I C COUNTY MEASURE J PAGE 55. 6 PRECINCT ________________________ VOTERS TRNOUT PCT A B C 0 E F G H I J K L ABSENTEE CON 52 ______ ______ 0 _____ 179 ______ 0.0 ______ 19 ______ 0 ______ 99 ______ 61 ----- ------ ______ 46 0 ______ 78 ______ _»___ ------ 55 ABSENTEE CON 53 0 192 0.0 19 0 85 88 34 0 93 65 ABSENTEE CON 54 0 74 0.0 0 0 0 0 12 0 29 33 ABSENTEE CON 55 0 5 0.0 0 0 0 0 0 0 5 0 ABSENTEE CON 56 0 47 0.0 0 0 0 0 F 4 D 26 17 ABSENTEE CON 57 0 257 0.0 0 0 0 0 46 0 133 78 ABSENTEE CON 58 0 176 0.0 0 0 0 0 22 0 103 51 ABSENTEE CO11 59 0 94 0.0 0 0 0 0 �� - 7 0 63 24 ABSENTEE CON 60 D 163 0.0 0 0 0 0 20 0 103 40 ABSENTEE CON 61 0 154 0.0 0 0 0 0 III 13 0 96 45 ABSENTEE CON 62 0 122 0.0 0 0 0 0 20 0 B3 19 AOS ENTE5 CON 63 0 91 0.0 0 0 0 0 12 0 54 25 ABSENTEE CON 64 0 84 0.0 0 0 0 0 I 16 '0 43 25 ABSENTEE CON 65 0 59 0.0 0 0 0 0 7 0 36 16 ABSENTEE CON 66 0 81 0.0 0 0 0 0 15 0 39 27 ABSENTEE CON 67 0 60 0.0 0 0 0 0 6 0 34 20 ABSENTEE CON 68 0 102 0.0 0 0 0 0 1I 13 0 64 25 ABSENTEE CON 69 0 I20 0.0 0 0 0 0 17 0 67 36 ABSENTEE CON 70 0 90 0.0 0 0 0 0 17 0 42 31 ABSENTEE COW 71 0 72 0.0 0 0 0 0 I 6 0 50 16 ABSENTEE CON 72 0 80 0.0 0 0 0 0 9 0 38 32 ABSENTEE CON 73 0 60 0.0 0 0 0 0 , 6 0 39 15 ABSENTEE CON 74 0 40 0.0 0 0 0 0 2 0 29 9 ABSENTEE CON 75 0 120 0.0 0 0 0' 0 !7 0 61 42 ABSENTEE CON 76 0 122 0.0 0 0 0 0 11 0 68 43 ABSENTEE CON 77 0 23 0.0 0 0 0' 0 III 3 0 13 7 ABSENTEE CON 78 0 143 0.0 0 0 0 0 18 0 79 46 ABSENTEE CON 79 0 28 0.0 0 0 0 0 �� 5 0 15 8 ABSENTEE CON 80 0 109 0.0 0 0 0 0 9 0 61 39 ABSENTEE CON 81 0 112 0.0 0 0 0 0 9 0 67 36 ABSENTEE CON 82 0 62 0.0 0 0 0 0 8 0 34 21 ABSENTEE CON 83 0 91 0.0 0 0 0 0 14 0 50 27 ABSENTEE CON 84 0 80 0.0 0 0 0 0 16 0 43 28 ABSENTEE CON 85 0 171 0.0' 0 0 0 0 ` 37 0 65 69 ABSENTEE CON 86 0 139 0.0 0 0 0 0 I 9 0 82 48 ABSENTEE CON 87 0 91 0.0 0 0 0 0 8 0 45 38 ABSENTEE CON 88 0 I10 0.0 0 0 0 0 -' 15 1 59 34 ABSENTEE CON 89 0 115 0.0 0 0 0 0 11 0 72 32 ABSENTEE CON 90 0 73 0.0 0 0 0 0 5 0 44 24 ABSENTEE CON 91 0 53 0.0 0 0 0 0 'l 4 0 28 21 --------------- » ---- _----- _-------------------- C CI L U M N L E G E N D __ II __»_-________------- __»---------- A: MEAS I - MORRO BAY 0: MEAS I - MORRO BAY G: MEAS J - SLO COUNTY J: MEAS J - SLO CCUNTY 1 I WATER ALLOCATION POLICY WATER ALLOCATION POLICY TRANSIT CAPITAL IMPROV. TRANSIT CAPITAL IMPROV. 1 BLANK VOTES NO BLANK VOTES NO 1 B: MEAS I - MORRO BAY E: H: MEAS J - SLIO COUNTY K: I I WATER ALLOCATION POLICY TRANSIT CAPjITAL IMPROV. I OVER VOTES OVER VOTES I C: MEAS i - MORRO BAY F: I= MEAS J - I SLO COUNTY L: 1 I WATER ALLOCATION POLICY TRANSIT CAPITAL IMPROV. 1 YES YES ��• 1. SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-6-90 CITY MEASURE i C COUNTY MEASURE SURE J PAGE 55. P E C A P VOTERS TRNOUT PCT A D C O E F G H I J K L ---------- ------- ----- TOTAL GIST I SUPERVIS0R ----- 26219 ------ 16498 ----- ------ 62.9 ------ 0 0 ------ ------ 0 ------ 0 ---- ------ 1796 6 ------ 8301 ------ ----- ------ 639Z TOTAL DIST 2 SUPERVISOR 22836 I6400 71.8 342 1 2131 1966 1936 3 9676 4785 TOTAL GIST 3 SUPERVISOR 24240 14806 61.1 0 0 0 0 1814 6 8558 4417 TOTAL DIST 4 SUPERVISOR 21044 13823 65.7 0 0 0 0 1555 5 7093 5163 TOTAL DIST 5 SUPERVISOR 22562 12481 55.3 0 0 0 0 1583 7 7238 3648 TOTAL VOTERS L16901 74008 63.3 342 1 2131 1966 8684 27 40866 24405 CONGRESSIONAL DIST 16 45784 28027 61.2 342 1 2131 1966 3549 9 16918 7546 CONGRESSIONAL DIST 20 71117 45981 64.7 0 0 0 0 5135 18 23948 16859 STATE SENATOR DIST 14 116901 74008 63.3 342 1 Z131 1966 8684 27 40866 24405 ASSEMBLY DISTRICT 29 116901 740D8 63.3 342 L 2131 1966 8684 27 40866 Z4105 CITY OF ARROYO'GRANDE 8432 5734 68.0 0: 0 0 0 746 2 3013 I972 CITY OF GROVER CITY 5218 3034 58.1 0 0 0 0 337 3 1633 1056 CITY OF MORRO BAY 6384 4439 69.5 342 1 .2131 1966 653 l 2414 137L CITY OF PASO ROBLES 7996 5008 62.6 0 0 0 0 594 2 2545 1667 CITY OF SAN LUIS OBISPO 25891 14590 56.4 0 0 0 0 1921 5 9061 3598 CITY OF PISMO BEACH 4972 3385 68.1 0 0 0 0 426 2 1802 1150 CITY OF ATASCADERO 12437 7682 61.8 0 D 0 0 830 6 4109 2733 UNINCORPORATED 45571 30136 66.1 0 0 0 0 3177 6 16289 10658 ABSENTEES 776 15641 94 L 589 436 1917 2 8373 5342 TOTAL VOTERS 116901 74008 63.3-- " 342 1 2131 1966 8684 27 40866 24405 A: MEAS I - MORRO BAY WATER ALLOCATION POLICY BLANK VOTES B: MEAS I - MORRO BAY WATER ALLOCATION POLICY OVER VOTES C: MEAS I - MORRO BAY WATER ALLOCATION POLICY YES --------------- C 0 L U M N 0= MEAS I - MORRO BAY WATER ALLOCATION POLICY NO E: F- L E G E N 0-------------- G: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. BLANK VOTES " H: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. OVER VOTES I: MEAS J - SLO COUNTY TRANSIT CAPITAL IMPROV. YES J: MEAS J - SLO CCUNTY TRANSIT CAPITAL IMPROV NO K: L: RESOLUTION NO. 141-90 APPROVAL OF AMENDMENT OF THE LEASE FOR LEASE SITES 71-72/71W-72W TO INCREASE RENTS AND EXTEND THE LEASE UNTIL JUNE 30, 1991 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. 71-72/71W- 72W and; WHEREAS, Morro Bay Marina, Inc. is the lessee of said property, and; WHEREAS, said lease provides for termination of the lease agreement at the close of business on January 31, 1991, and; WHEREAS, City and Lessee mutually agree to extend the existing lease for a five month period until June 30, 1991, subject to increase in rents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the extension of the termination date for the lease for Lease Sites 71-72/71W-72W until June 30, 1991, with a corresponding increase in rents as outlined in Exhibit A, Lease Amendment, attached hereto and incorporated herein; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the attached amendment 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 26th day of November, 1990, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz 14 NOES: Odell ABSENT: None �� Aa— ARDITH DAVIS, CITY CLERK • � EXHIBIT A • AMENDMENT TO LEASE SITES 71-72/71W-72W This amendment to lease is made and entered into on the day of , 1990 by and between the City of Morro Bay a municipal corporation of the state of California, herinafter called CITY and Morro Bay Marina Inc. herinafter called TENANT. Whereas, CITY and TENANT are parties to that lease dated January 23, 1961'for lease sites 71-72/71W-72W in the City of Morro Bay which lease was extended on February 23, 1976 by Resolution 15-76 of the City of Morro.Bay so that the lease will terminate on January 31, 1991 and; Whereas City Council on November 26, 1990 adopted Resolution 141-90 approving extension of lease sites 71-72/71W-72W, and; Whereas, CITY and TENANT mutually agree to amend said lease to extend the term of that lease by five (5) months to a new termination date of June 30, 1991 and increase the rental rate. Therefore that lease between CITY and TENANT dated January 23, 1961 is amended as follows.: 1. The term of the lease shall be extended to June 30, 1991, expiring and terminating at the close of business, on June 30, 1991 and: 2. The annual rental for the period of February 1, 1991 to June 30, 1991 shall be at an annual rate of $14,400 and shall be prorated, ie. the rent for the five (5) month period of lease extension shall be $6,000. Each and all of the other terms and conditions of the lease between TENANT and CITY, except as expressly modified herein shall remain in full force and effect. In witness whereof the parties hereto have executed this lease amendment: CITv ,,fOF MORRO BAY Frig! i •- MORRO BAY MARINA, INC. BY: .j N �, n N ry " J v u D i J O 03 1 6 N 0 i CD n � J N 'I- 9 �O I r .a •C rl r r z m �1 0 (�c� �i�) .a r �ox CY111L v 1� X II II II It II , Z,- C.D eI o A O �IIq RESOLUTION NO. 139-90 DECLARING THE CITY COUNCIL'S INTENTION TO FORM STORM ❑RAIN MAINTENANCE DISTRICT NO. 1 FOR TRACT MAP NO. 1231 (IRONWOOD COURT) _C_I_T_Y_ _C_0_U_N C I_L_ City of Morro Bay, California WHEREAS, Condition No. 20 of Resolution No. 10-89 requires the Formation of a Storm Drain Maintenance District as a condition for approval of the Final map of Tract No. 1231; and WHEREAS, all property owners in that tract (Jack Loperena) have agreed to this condition; and WHEREAS, the Storm Drain Maintenance District Act (Act 2209 of the uncodified Water Law) enables local agencies to form a maintenance district based on the provisions of the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. It is the intent of the City Council to order the formation of Storm Drain Maintenance District No. 1 to maintain proposed City -owned storm drainage Facilities within subdivision Tract No. 1231, as located and shown on Exhibit A attached hereto. 2. The City Council will conduct a public hearing to consider objections and/or modifications to the proposed establish- ment of said District on Monday, January 14, 1990 at 6:00 p.m. in the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, CA. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of November, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, NOES: None ABSENT: None O ATTEST: ARDITH DAVIS, City Clerk CITY COUNCIL RESOLUTION NO. 138-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING A VESTING TENTATIVE PARCEL MAP TO SUBDIVIDE ONE 177.23 ACRE PARCEL INTO FOUR PARCELS AND A REMAINDER THE CITY COUNCIL City of Morro Bay, California CASE NO. CDP 37-90R/PM 04-90 WHEREAS, the Planning Commission of the City of Morro Bay, held a duly noticed PUBLIC HEARING to consider the request of Williams' Brothers Inc. for a Vesting Tentative Parcel Map to subdivide a 177.23 acre parcel into four parcels and remainder under vesting subdivision map provisions of state law for property located east of Highway One, at the easterly terminus of Morro Bay Boulevard, in the C-1/VS-C/S.4/PD and Agricultural Zoning Districts. WHEREAS, the Planning Commission, following review and public testimony did approve the request; and WHEREAS, evidence supporting environmental impacts of the ultimate use of the proposed subdivision have been documented by the Final EIR for the Pacific Coast Shopping Plaza certified by the City Council on March 26, 1990, and mitigation measures set forth in that EIR are reflected in the conditions of approval of this map. This map therefore qualifies for a mitigated Negative Declaration for purposes of CEQA; and this determination was approved by the Planning Commission; and WHEREAS, on October 4th and October llth, Mr. Stephen Paul and Mr. Benjamin Luna did appeal the Planning Commission's action to the City Council; and WHEREAS, on 22 October 1990, the City Council did continue a duly noticed PUBLIC HEARING on the appeal to 13 November 1990 having written consent of Williams Brothers, Inc; and WHEREAS, the City Council of day of November 1990, did hold consider the appeal; and the City of Morro Bay on the 13th a duly noticed PUBLIC HEARING to WHEREAS, at said PUBLIC HEARING, after considering the appearl 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 vesting tentative map is in conformance with applicable provisions of law, regulations, and ordinances of the City of Morro Bay with respect to the design, layout, of the subdivision; and City Council Resolution No. 138-90 Page Two 2. The proposed vesting tentative map is in conformity with the General Plan, Local Coastal Program and zoning in effect for the area which is a mixed commercial designation (C-1/VS-C/S.4/PD) and that the map's purpose is to provide for commercial uses as approved by the City Council in CUP 03-88/CDP 05-88R which have been found consistent with the General Plan, LCP and Zoning by City Council Resolution 37-90; and 3. There are no known natural hazards in the area that would render the parcels to be created unusable for their intended purpose; and 4. The findings of the City Council in Council Resolution No. 37-90 pertaining to CUP 03-88 and CDP 05-88R are directly applicable to this tentative map application because the development and ultimate use of the land are identical, and the findings of Resolution No. 37-90 are incorporated herein by reference and are attached and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this matter; and, 2. That the City Council does hereby deny the appeals and uphold the Planning Commission's action approving Tentative Parcel Map No. PM 04-90 and Coastal Development Permit No. 37-90R, subject to the standard conditions attached hereto and also subject to the Conditions of Approval of CUP 03-88 and CDP 05-88R which are directly applicable to this tentative parcel map (Exhibit B) and are incoporated herein by reference attached and made a part hereof as Exhibit C. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of November, 1990, by the following vote to wit: AYES: Baker, Lemons, Wuriu NOES: Odell, Sheetz ABSENT: None ARi ZEIE SHE TZ, Mayo ATTEST* ARDITH DAVIS, City Clerk T.Y COUNCIL RESOLUTION NO 37-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FI14DINGS AND APPROVING A CONCEPT. PLAN AND A COASTAL DEVELOPMENT PERN.IT FOR THE FIRST PHASE OF A SHOPPING CANTER ("PA.CIFIC 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/%'S-C/S.4/PD ZONE, SUBJECT TO CONDITIONS, AND CERTIFYI14G A FI14AL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT CASE NO.S CUP 03-88(CONCEPT PLAN)/CDP 05-88R 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, 14.th 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 kesoion No. 37-90 • Pace 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 (specifically, 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. That said significant adverse 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 City Council Re• ution No. 37-90 . Page Three 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. S. 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. 9. 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 with the final EIR recommendations and facility master plans, as applicable. 10. 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. 11. 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. 12. That the project is consistent with the General Plan and the LCP and that specifically, the filling of the creek, the other grading and. filling, and the visual impact on the terrain, have been minimized to the extent necessary to allow a feasible project of this nature on this site. 13. 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. 14. That these findings are based on the City CounciIIs 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. Cdty Council Resolu �n No. 37_90 Page Four • 15. That the final EIR including Addendums 1 end 2 does conform with the California Environmental Quality Act and does adequately discuss potential environmental impacts end 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, HE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitetionc are true and correct and constitute the findings of the City Council in this matter; end, 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 ebove-listed findings. PASSED, APPROVED, AND ADOPTED, on the 26th day of March, 1990, by the following vote to wit: AYES: NOES: ABSENT Baker, Lemons, Wuriu Odell, Sheetz None RUSE i xi r. E ieyor c Q ATTEST: n Hll11nT1h t�1 ,� C1C�' iErF EXHIBIT B CONDITIONS OF APPROVAL 40 se No. CDP 37-90/PM 04-9 A. STANDARD CONDITIONS 1. This request is granted for the land described in the application and 'any attachments thereto, and as shown on the attached exhibits, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Fvniration of Tentative Nap: This Tentative Parcel Map shall expire 24 months after the effective date of its approval 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 City Council following a recommendation of the Planning Commission and 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 Subdivision Review Board. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. Comoliance 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: 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: 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. ^^E 7 3 Y C— `coif �I 1Ii33 a ' � Y t •i` � �Ra n e� O �S3 eve 111 o C I 1 7 Is •. I 3 I 1 / I 1 jl I � I I I I I I Ii lid I I I I I I > p I I O L I I 'I rn I I I i I I Ili • I I I I ICI i lil I III I I I i d p rn I.� O o ) g �'7�� I� I N Fgl�M + �yl I� y' I � � � I. Ise, N y y I I.+fb p' i �u pT�J C y ' a � � [Y H Y M• i� Y�ry9111 I' I �e � � M 14� 'u Iw� I '•I � lt r wA IV � I1 '1 1fI I IM,+1I' II �: 11 I I� I.� I:li U V 61'�J:^�. i —LIP \ / / ) oil § \ � � `q); ! \ \ isq ; z � \§ \ !!l \ (I fit�,: 11 ��aoa m z .ne fie; ' = r m � u� ... ^J a -AV sag to Case No EXHIBIT .0 JND:77ONS OF APPROVAL 03-88(Ccncept Plan)/CDPO-88R STANDARD CONDITIONS 1, This Conditional Use Permit (Concept Plan) and . Coastal Development Permit are granted for the land end 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,.vold, 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 shell file with the Director of Planning end Community Development written acceptance of the conditions stated herein. SPECIAL CONDITIONS The entire project: including all roads, structures, and grading, including cut slopes, shall be located within the portion of the parcel designated C-1/%1S-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 obtaining an interpretation from the Planning Commission as to the appropriateness of such uses in the zone pursuant to Section 17.48.020 of the Municipal Code, or fo]]owing an amendment of the zone pursuant to Section 17.64: A. The emergency access road. D. The borrow site haul out road. C. The work required for restoration of the existing quarry, as per Special Condition IIG. D. The rounding and "feathering" of the top of graded slopes, as required in Special Condition 417b. E. Any grooming and/or grading that will enhance the visual quality of the visual resource easement described in Special Condition S5. 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 '�o reflect a more natural appearing terrain. Said plan shall not he required to show actual buildin-a footprints, but should give a general indication of future buildings end 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 !I" shall run with the land. Said deed restrictions shall be submitted as part of the Precise Plan. b. A redesign of the on -si.te road system to accommodate required cul-de-sacs and to avoid "stub -outs" at the project area boundaries. 2 -up 03-8s/CDP 05-9bx Conditions Of Approv... 3/26/90 • . c. A relocation and enhhncerrient Plan of t%illow'Camp Creel: on the project site, to the fullest extent practical, incorporating an hhove. ground water course along a corridor located between the Plorro Bhy Boulevard extension and the Phase 1 parking lot, hnd under Ocean Vier 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 (hdjacent 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 wit.l'r native, riparian vegetation, such as willows, sycamores, and other wetland plants. Plan materials shall be'irrigated until established. On site drainage shall be directed to the corridor, through grease and sediment traps or other such collectors. The stream bed shall not be lined, except that viers 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 shoving the sequence and approximate 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 tine Planning Commission. a. The Precise Plan may be submitted concurrently with, or at env time after, the items required by conditions 1 and 2 above, Arid conditions 3 hnd 6 belov:. 3 CUP 03-88/CDP 05-88,< 'ti Conditions Of Approv� • 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 o 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. Indicate 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 05-88H 'Conditions Of Appro� • 3/2G/90 a. Fill slopes between the project site and Highway One shall incorporate a combination of slope gradients between 2:1 and a:l or less, and shall incorporate mounding, bermirig , rounding and "feathcrijig" to resemble a more natural terrain, consistent: with the concept site 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 ]and 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 rain), 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. f. Sediment basins shall be in place prior to the commencement of the winter rainv 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 fill slopes she]] 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 03-88/1-DP 05-BSA Conditions Of Approval 3/26/90 g. 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 in 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 confirm 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 r.evegetation. After the completion of site grading, all exposed slopes will be given a grassland cover to blend with the adjacent hillsides. 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-sustaining. 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 ti,e existing or proposed public right-of-way. Prior to the approval of this permit, the applicant shall submit to the City a financial security in a form acceptable to the Citv in the amount n,`. i50b of the estimated cost of all proposed public improvements to assure their completion. The Public Works Encroachment Permit shall he obtained prior to the issuance of a building permit for any development on the project site. U CUP 03-88/ Conditions s/26/00 0f Approve 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 1 will be issued until all required public irriprovements have been completed. TRAFFIC CIRCULATION/STREET IMPROVEMENTS 14. A 1 1 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, sig—lit distances, tliiclinesses, slopes, drainage, sidewalks, drive approaches, handicap ramps, street trees, bicycle lanes, street lighting, and all such other features deemed appropriate by the City Engineer. 1.5. Dead—end streets shall not exceed 450 feet in length as required by Morro Bay Municipal Code (MBMC) Section 16.12.050.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 -tee City tngineer. 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 II 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 Bay 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 shall 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 05-88K Conditions Of Approve. • 1/26/90 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 he 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 i�tih the requ}remen�s of Caltrans, 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 Bay Blvd/Quintana R�Hi hway One southb_ound ramps: Redesign -intersection and const:uc7 rra is srg:lalb 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 Bev BlvdLHi h�way One northbound ramps; Submit engineering analysis of warrants ror 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. '-his 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 r,ow exist, and shall include undergrounding 01 existing C CUP 03-88/1-DP 05-SSR Conditions Of P.^.pro`�] 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//HiRhway One .northbound ramps: Construct separate ortlit'ouna and sdutl ho ind tlirougli aiid left -turn lanes on Plain Street. 21. The applicant shall pay a fee corresponding to the project 's proportionate share of the cost of all improvements required by the Final EIR for the following intersections. Estimates of the total costs and the project's proporti.onat:e share for the improvements shall be based on an engineering report paid for by the applicant and subject t.o 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 utilities. In addition to City approvals, all required reviews, approvals and permits from Cal trans shall be. obtained by the applicant when and where appropriate. a. Plain St/Quintana. Rd: Signalize intersection. Construct norfnoouna righ-t—turn lane on Main Street. Includes undergrounding overhead utilities. b. Plain St Radcliffe: Acquire right-of-way and construct new intersection in accordance with plan line approved by City Council. Signalize new intersection and construct associated appropriate channelization. Includes undergrounding overhead utilities. C. Plain St,ftjhwav 4]/Highway One northbound ramps: Signalize Intersection anti uncergrouna overneaa utiT`ities. d. South Bay P.lvd1Quintana Rd: Si.gnaiize intersection. Lnoergrouna utilities. 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; design 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 Cite. The road shall be at least 24 feet wide with adequate drainage facilities. City - standard drive approaches and locked gates shall be constructed E Clip 03-8B/CD? 05-8Bn —. Conditions Cf Approva. 3/26/90 E 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 38-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-15.4 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 of 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 w;th'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 .:he overall signage/architectura) program. 10 CUP 03-86/CDP 05-68tt Conditions Of A,dPro�, • 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 Sper.ifications. 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 l5-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 arid depositing the water further downstream. Another consideration shall be removal of vegetntion 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 tiie City Engineer at no cost to the City. 1t CUP 03-88/CT7P Conditions Of 3/26/90 05-88k - Approve. • 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 1+'i l low Camp Creel; 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 revegetation is established and maintained. 14ATER DISTRIBUTIO14 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 City's Water System Piaster 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. Water mains shall be looped and shall be sized per said Master Plan recuirements, 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 fire flow demand for the proposed project to support the design criteria for the system. 34. Applicant shall pay a fee equal to 504 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 recuirements of the City's Water System Piaster 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 col1acti.on 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 Piaster Plan and as directed and approved by tiie Ci.ty 12 .Conditions 01' 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 shall be sized per Master Plan requirements, but shall be no smaller than 6" 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 Pee 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: 6. Upgrade the size of the lines in Bolton Avenue and Radcliffe from the project site to Main Street from 6" to 10" diameter.. h. Pay a fee equal to 50:, of the cost to upgrade the capacity of the line in Plain 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 Plain 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. BuiIdi.ngs constructed on the site shall be equipped with sprinkler systems subject to the approval of the Fire Chief. Fire hydrants shall tie 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 C5-881: Conditions Of 0 Appro a• 3/26/G • a. Maintain a 20—foot minimum width 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. 11. At time of construction of building "1:" 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 w5 thin 100 meters nf. the find shall be halted. Applicant shall retain a qualified archaeologist, approved by the Community 34 Conditions Of Approve. 3/26/90 • r1 LJ Development Director, recommendations for retrieval (in whole recommendations by the applicant. who sb8l1 examine the ,find and provide the protection, preservation, and/or or in part) of the materials. All archaeologist shall be implemented by the MITIGATION OF IMPACTS TO DOWNTOWN AND OTHER COMMERCIAL AREAS 41. In lieu of size restrictions on the project recommended in the Final FIR 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 (13TA). The City wi.l] 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 linl: 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 he 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 C-UP 03-88/CDP 05-88X Conditions Of Approve 3/26/90 • 45. Applicant shall design and install sediment traps to collect runoff so ghat. sediment. and pollutants will be able to settle out before draining downstream and off. - site. ]resign of said traps shall be subject to the approval of the City Engineer. 46. Creek crossings shall l)e designed t:o avoid existing v.illov: thickets. Any construction of an alternative access road across creeks shall be. conducted during the dry season. Creels 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. Ali en an` shall be 16 Conditions Of .4pprnVh j 3/26/90 . • NOISE 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 v:ith the Air Pollution Control District and shall include a means to ensure periodic monitoring and enforcement. 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 ma), 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, al] of which shall be subject to approval hy. 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. 1.7 Cam? 03-69/C73? 05-6c,, Conditions 01 Approva� • /2G/90 WATEP A.I.LnCAT'• r,:, 53. No building permit or grading hermit for this project shr.11 be issued unless and until adequate Hater equivalencies are ev;ardcd pursuant to all applicable City ordinances and the approved cater Allocation Program or its future equivalent. PIITIGATION MONITORING 54. As part of the Precise Plan, applicant sh811 include a program for monitoring the various mitigation measures included in the EIR and required by these conditions. Costs of implementing se,id monitoring program shall be the responsibility of the applicant. 3F xZ:= _ ��,!//:'. 'III,:`? h1--1�/"�I�: •.._ .I, ;. r..�.. q. /',...: �. 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" S=S`; ED I A 1 M�, RESOLUTION NO. 137-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 503 FOR THE 1990 LIGHTED BOAT PARADE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code requires the City Council to approve of and authorize all special events held in the harbor; and, WHEREAS, the City will be sponsoring the Annual Lighted Boat Parade on December 9, 1990 starting at 6:30 p.m.; and, WHEREAS, the City Council has reviewed the aforementioned special event and finds that adequate insurance is provided by the City and the event will not interfere with reasonable use of the harbor for a period of more than four (4) hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves of the special event use of the harbor for the Lighted Boat Parade on December 9, 1990. BE IT FURTHER RESOLVED by the City Council that the Recreation and Parks Director is authorized to issue Public Area Use Permit No. 503 for the Lighted Boat Parade. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 13th day of November, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK f/w/commi ssn/res90 RESOLUTION NO. 136-90 RESOLUTION ASSIGNING LEASE SITE 86/86W FROM H.L. YOCUM & SONS, A PARTNERSHIP, TO CLARA BELLE YOCUM, H. GENE YOCUM AND ROBERTA ARCHULETA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is the lessor of lease site 86/86W and; WHEREAS, H.L. Yocum and Sons, a partnership, is the named lessee of said lease site and; WHEREAS, H.L. Yocum is now deceased and his estate has been settled as of 6/26/90 in Superior Court of California, County of Kings, naming Clara Belle Yocum, H. Gene Yocum and Roberta Archuleta as heirs to said lease site, and; WHEREAS, per 120 of said lease and pursuant to Resolution 82-68, said lease can be assigned to heirs of the lessee up on approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that lease site 86/86W be assigned to Clara Belle Yocum, H. Gene Yocum and Roberta Archuleta per the judgement settling the estate of H.L. Yocum. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of November, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None Al�OSEAEESfiAEETZ,MA)d)R ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 135-90 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING VARIOUS RECREATION EMPLOYEES TO REPRESENT THE CITY AT LICENSED SCHOOL AGE CARE SITES FOR THE PURPOSES OF RECEIVING MATERIALS T H E C I T Y C O U N C I L City of Morro Bay, California 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 a school age child care program before and after school to elementary school children within the City limits; and, WHEREAS, the City Council has previously authorized the application for licensing of these programs with the Department of Social Services; and, WHEREAS, the Department of Social Services has indicated that various individuals employed as the Cultural Arts Coordinator, Childcare Specialist and Site Leaders must be authorized to receive various materials related to operation of a child care facility in order to be licensed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby authorizes the Cultural Arts Coordinator, and Child Care Specialist as the authorized personnel at Del Mar Elementary and Morro Elementary Schools to represent the City and accept reports of licensing visits, consultations, accusations and documents of civil and administrative process. In their absence the City Council authorizes the individuals in these positions to delegate these responsibilities to site leaders at each School when necessary. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 13th day of November, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None , ARaE iMARIE*SHErETZ MAYOR ATTEST: ARDITH DAVIS CITY CLERK f/w/co issn/rs135-90 RESOLUTION NO. 134-90 RESOLUTION APPROVING THE CITY OF MORRO BAY'S TRANSPORTATION DEVELOPMENT ACT CLAIM FOR THE FISCAL YEAR 1990/91 THE CITY COUNCIL City of Morro Bay, California WHEREAS, revenues derived from 1/4-cent of the 6.25% retail sales tax collected statewide are apportioned to local governments to be used for transportation purposes pursuant to the State of California Transportation Development Act (TDA) of 1971; and WHEREAS, the City of Morro Bay's apportionment of TDA funds for FY 1990/91 is $201,901; and WHEREAS, the City intends to use its TDA revenues for expenses associated with the operation of Morro Bay Dial -A -Ride (DAR) and the San Luis Obispo Regional Transit Authority, which operates the regional fixed -route system (CCAT) and the demand -response regional handicapped service (Runabout), and bicycle/pedestrian pathway projects or bicycle safety education as directed by the San Luis Obispo Area Coordinating Council on July 11, 1990, pursuant to the State of California Public Utilities Code, Article 4, Sections 99234, 99260, 99260(a), and 99314; and WHEREAS, the City of Morro Bay hereby states a preference for using additional TDA funds, if such funds become available, for the City's DAR operations, provided however, that the City reserves the right to file an amended claim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to approve the City's TDA claim for FY 1990/91, authorize the City Administrator to sign the necessary claim documents, and direct Staff to submit said claim to the San Luis Obispo Area Coordinating Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th day of November, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST• ARDITH DAVIS, City Clerk (OPTION C) RESOLUTION NO. 133-90 RESOLUTION REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW90-04 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on November 13, 1990, at a duly noticed PUBLIC HEARING the City Council of the City of Morro Bay considered the project cost and bids submitted for a waterline replacement project; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, oral reports, and the arguments of all persons, if any, wishing to testify, the City Council made the following findings of fact: 1. The project consists of the construction of 11,386 l.f. of 6-inch waterline and the replacement of 16 sub -standard fire hydrants: 2. Under the terms of the request for bids, all materials are to be supplied by the City of Morro Bay. 3. The Public Works Department of the City of Morro Bay has estimated the manhours required to install the underground waterline; estimated the direct and indirect salary costs relating to the City personnel required to install said line; estimated the equipment required to install the said line and the reasonable rental value of such equipment; and WHEREAS, the Public Works Department has determined that the City, by day labor, can install the underground waterline at a cost of approximately $16.70 per l.f. The low bid equates to a unit cost of $24.82 per l.f. A detailed estimate of City's cost is attached as Exhibit "A". In making the necessary calculations, the Public Works Department relied upon the Department of Public Works' equipment rate schedule. Labor and equipment rates are based on maximum six -hour work day, allowing two -hours per day to attend to other duties. Labor costs are taken from the City of Morro Bay's productive hourly rate schedule for public services, which is a cost allocation plan prepared annually by the City's Finance Department. Labor costs include gross hourly wages, hourly fringe benefits (which include PERS, health insurance, dental insurance, workers' compensation, vacation, sick leave, etc.), and overhead at 44%. It is assumed that City staff, consisting of a four -man crew in the field, can lay approximately 250 l.f., of waterline per day; and WHEREAS, total estimated project cost when performed by City forces = $190,138.00; and WHEREAS, the City Council further finds that in response to the request for bids, the City received three bids; and the lowest bid being in the amount of $282,544.00, which amount is $92,406.00 more than the total estimated cost of proceeding by City forces; and WHEREAS, the City Council, having determined that the City can proceed more economically to install the above -described waterline by day labor, has determined that the City of Morro Bay can save in excess of $92,406.00 by proceeding with City forces, and has determined that the City can meet each and all of the terms and conditions of the request for bid by use of City forces and determined therefore to proceed by day labor using City forces; and WHEREAS, included in these findings, and adopted as part of these findings, is the attached staff report and calculations based on engineering estimates. NOW, THEREFORE, BE IT RESOLVED that pursuant to Public contract Code Section 20167 the City Council of the City of Morro Bay hereby rejects all bids and elects to proceed by day labor with Project No. PW90-04 and adopts the foregoing findings of fact in support of this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of November, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ATTEST: A RDITH DAVIS, City Clerk EXHIBIT "A" FORCE ACCOUNT BID ITEMS WATERLINE REPLACEMENT PROJECT PW 90-04 1. Mobilization L.S. 2. Saw cut A.C. Pvmnt 22,000 l.f. 3. 6" PVC 11,386 l.f. 4. Disposal 3,200 c.y. 5. Backfill sand, 2720 c.y. 6. F.H. Assemblies, 16 ea. 7. Valves, Fittings, etc., 137 ea. 8. Single Service, 227 ea. 9. Double Service, 13 ea. 10. Remove Wharfheads, 5 ea. 11. Trench Resurfacing, 2,515 s.y. 12. Pressure and Leak Testing, L.S. 13. Disinfection, L.S. TOTAL COST $190,138 11,386 l.f. _ $16.70/1.f. $ 2,227 14,300 35,072 21,030 25,430 2,655 12,394 15,127 1,733 665 48,972 3,255 7,278 $190,138 DETAILED COST ESTIMATE WATERLINE REPLACEMENT PROJECT PW 90-04 Labor and equipment rates are based on maximum 6 hour work day, allowing 2 hrs/ day to attend to other duties. Costs of equipment are taken from the Department of Public Works Equipment Rate Schedule. Backhoe: $15/50hr. x 6 hrs. _ $93.00/day Dump Truck: $8.50/hr. x 6 hrs. _ $51.00/day 2 Service Trucks: $5.00/hr. x 2 x 6 hrs = $60.00/day Loader: $15.50/hr. x 6 hrs. _ $93.00/day EQUIPMENT TOTAL = $297/day Labor costs are taken from the City of Morro Bay's Productive Hourly Rate Schedule for Public Services which is a cost allocation plan prepared annually. These Labor Costs include gross hourly wages, hourly fringe benefits, (which includes PERS, health insurance, dental insurance, worker's comp, vacation, sick leave, etc.) and overhead at 44%. These are FY 90/91 Rates, and will increase for FY 91/92. Maint. Super. @ $38.27/hr. x 6 hrs. _ $229.62/Day Maint. Leadwkr @ $31.174/hr. x 6 hrs. _ $187.02/Day Maint. Wkr III @ $29.55/hr. x 6 hrs. _ $177.30/Day Maint. Wkr II @ $27.95/hr. x 6 hrs. _ $167.70/Day TOTAL LABOR = $126.94/hr. x 6 hrs. _ $761.64/Day City Staff can lay approximately 250 LF of waterline per day. BID ITEMS: 1. Mobilization - No cost is assigned to mobilization per se as work is to be performed with City -owned equipment which is already on hand. All equipment is kept at the City Yard when not in use. Layout Costs: Labor: Engr. Tech II 10 days @ 6 hr./day @ $31.28/hr. _ $1,877 Equip.: 1/2-Ton Pickup 10 days @ 6 hr./day @ $5.00/hr. _ $ 300 Materials: 1 case marking paint @ $50.00/case = $ 50 1 stringline (re -usable from stock) _ $ 0 TOTAL COST FOR MOBILIZATION $2,227 2. Saw Cut Pavement - City will hire firm to do saw cutting as needed at an average cost of $0.65/l.f. $0.65/l.f. x 22,000/l.f. _ $14,300 TOTAL COST TO SAW CUT PAVEMENT = $14,300 3. Install 6" PVC includes the costs for labor and equipment for excavation, installation, backfill and cleanup. 6" PVC: 11,386 LF / 250 LF/day = 46 days Labor: Maint. Super. @ $38.27/Day x 6 hrs. _ $229.62/Day Maint. Leadwkr @ $31.17/hr. x 6 hrs. _ $187.02/Day Maint. Wkr III @ $29.55/hr. x 6 hrs. _ $177.30/Day Labor Total = $98.99/hr. x 6 hrs. _ $593.94/Day Labor Costs: 3 Wkrs. @ $593.94/day x 46 days = $27,321 Equipment: Backhoe $15.50/hr. x 6 hrs. _ $ 93.00/Day 2 Serv. Trucks @ $5.00/hr. x 2 x 6 hrs = $ 60.00/Day Loader @ $15.50/hr. x 1 hr. _ $ 15.50/Day Equipment Total $168.50/Day Equipment Costs: $168.50/day x 46 days = $ 7,751 TOTAL COST TO INSTALL 6" PVC $35,072 a Disposal - Spoils are transported by City forces to City Yard and stockpiled. City hires stockpile removed as needed. Costs include dump fees. Transport Costs: Labor: Maint. Wkr. II @ $27.95/hr Equipment: Dump Truck: $8.50/hr x 3 hrs/day x 46 days _ $3,857.10 x 3 hrs/day x 46 days _ $1,173.00 Stockpile Removal Costs: $50.00/load - 10 c.y./load = $5.00/cy 3200 c.y. x $5.00/c.y. _ $16,000 TOTAL COST OF DISPOSAL _ $21,030 5. Backfill Sand - Sand is purchased and stockpiled at the City Yard. Sand is transported by City forces from City Yard to job site as needed by City forces. Transport Cost: Labor: Maint. Wkr II @ $27.95/hr Equipment: Dump Truck @ $8.50/hr Sand Cost: 2720 c.y. x $7.50/c.y. TOTAL COST OF BACKFILL SAND x 3 hrs./day x 46 days _ $ 3,857 x 3 hrs./day x 46 days _ $ 1,173 _ $20,400 $25,430 • 0 6. Install fire hydrant assemblies - includes the cost of labor and equipment for excavation, installation, thrust blocks, backfill, and removal of spoils by City forces. Labor: Maint. Super @ $38.27/hr. x 1 hr./f.h. x 16 f.h. _ $ 612.32 Maint. Lead Wkr @ $31.17/hr. x 1 hr./f.h. x 16 f.h. _ $ 498.72 Maint. Wkr III @ $29.55/hr. x 1 hr./f.h. x 16 f.h. _ $ 472.80 Maint. Wkr II @ $27.95/hr. x 1 hr./f.h. x 16 f.h. _ $ 447.20 Labor Total $ 2,031.04 Equip. Backhoe @ $15.50/hr. x 1 hr./f.h. x 16 f.h- _ $ 248.00 Dump Truck @ $8.50/Hr. x 1 hr./f.h. x 16 f.h. _ $ 136.00 Equipment Total T 384.00 Materials: Thrust Block @ $0.25/c.y./t.b. x 16 f.h. = 4.0 c.y. concrete x $60/c.y. _ $ 240.00 TOTAL COST OF HYDRANT ASSEMBLIES = $ 2,655 7. Install valves, fittings, etc. Labor: Maint. Super @ $38.27/hr. x 1/2 hr./Ea. x 137 valves _ $ 2,621.50 Maint. Lead Wkr @ $31.17/hr. x 1/2 hr./Ea. x 137 valves _ $ 2,135.15 Maint. Wkr III @ $29.55/hr. x 1/2 hr./Ea. x 137 valves _ $ 2,024.18 Maint. Wkr II @ $27.95/hr. x 1/2 hr./Ea. x 137 valves $ 1,914.58 Labor Total = 8,695.41 Equip.: Backhoe @ $15.50/hr. x 1/2 hr.Ea. x 137 valves _ $ 1,061.75 Dump Truck @ $8.50/hr. x 1/2 hr.Ea. x 137 valves $ 582.25 Equipment Total $ 1,644.00 Materials: Thrust Block @ 0.25 c.y./t.b. x 137 valves = 34.25 c.y. concrete x $60/c.y. _ $ 2,055.00 TOTAL COST TO INSTALL VALVES, TEES, ETC. _ $12,394.00 8. Install single services. Labor: Maint. Wkr II @ $27.95/hr. x 3 Wkrs x 6 Hrs/day _ $503.00/day Equip. Service Truck @ $5/hr. x 6 hrs./day = $30/day Costs per day = $533/day Install 8 Services per day = $533 - 8 = $66.64/ea. x 227 Service TOTAL COST SINGLE SERVICES = $15,127.00 0 C 9. Install double services. Labor: Maint. Wkr. II at $27.95/hr x 3 wkrs x 6 hrs/day _ $503/day Equip: Service Truck @ $5/hr. x 6 hrs./day = $30/day Total Costs per day = $533/day Install 4 services per day = $533 - 4 = $133 Ea. x 13 services TOTAL COSTS DOUBLE SERVICE _ $1,733.00 10. Remove Existing Wharf Heads: Includes removal of existing substandard hydrant & return to Yard. Labor: Maint. Super. @ $38.27/hr. x 1 hr./ x 5 ea. _ $ 191.35 Maint. Leadwkr @ $31.17/hr. x 1 hr./ x 5 ea. _ $ 155.85 Maint. Wkr III @ $29.55/hr. x 1 hr./ x 5 ea. _ $ 147.75 Maint. Wkr II @ $27.95/hr. x 1/2 hr./ea. x 5 ea.= $ 69.88 Labor Total: _ $ 564.83 Equipment: Backhoe $15.50/hr. x 1 hr./ea. x 5 ea. _ $ 77.50 Dump Truck @ $8.50/hr. x 1/2hr./ea. x 5 ea. _ $ 21.25 Equipment Total: $ 98.75 TOTAL COST TO REMOVE EXISTING WHARF HEADS $ 665.00 E 11. Trench resurfacing, includes the cost of materials, labor, and equipment for compaction and resurfacing. Materials: 2515 SY - 3" AC on 6" Class II Aggr Base 3" AC: 2515 SY @ 150#/CF = 424 Tons 425 Tons AC @ $23.50/T = $ 9,988.00 9" Class II Aggr Base: 2515 SY x 150#/CF = 1,275 Tons 1,275 Tons x $8.70/Ton = $11,092.00 Cold Mix Temp. Pavement 11,386 LF x 2' x 0.12' = 2732 CF x 150#/CF = 205 Tons $29.25/Ton x 205 Tons = $ 5,996.00 Materials Costs: = $27,076.00 Labor: Laying Cold Mix 11,386 LF - 180 LF/day = 64 x 1 hr/day = 64 hrs. Laying Hot Mix 11,386 LF - 600 LF/day = 19 days x 6 hr/day = 114 hrs. Leadwkr @ $31.17/hr. x 178 hrs 2 Maint. Wkr II @ $27.95 x 178hrs. x 2 wkrs Labor Costs: Equipment: Loader @ $15.50/hr. x 1/2 hr/wkday x 64 days Dump Truck @ $8.50/hr. x 178 hrs. 2 Service Trucks @ $5/hr. x 178 hrs. Backhoe @ $15.50/hr. x 114 hrs. x 1/2 Compactor @ $2.50/hr. x 114 hrs. Roller @ $10.00/hr. x 114 hrs. Barricades: 10 ea. @ $.25/day x 120 days Equipment Costs: TOTAL COST FOR TRENCH RESURFACING _ $ 5,548 $ 9,950. $15,498.00 $ 496.00 $ 1,513.00 $ 1,780.00 _ $ 884.00 _ $ 285.00 _ $ 1,140.00 $ 300.00 $ 6,398.00 $48,972.00 12. Testing includes pressure testing of lines: Lump Sum 13 Equip: Pick-up Truck 8 hrs/line x 12 = 96 hrs. x $5.00/hr. _ $ 480 Pump 4 hrs/line x 12 = 48 hrs x $1.50/hr = $ 72 Labor: Engr. Tech I $28.16/hr. x 96 hrs. _ $ 2,703 TOTAL COST FOR TESTING $ 3,255 Disinfection: Includes cost of labor, equipment and materials and laboratory frees to inject chlorine, flush lines and perform bacterial testing prior to placing lines in service. Labor: Engr. Tech II $31.28/hr. x 18 days x 6 hrs./day = $ 3,378 Equipment: Pick-up Truck: $5.00/hr. x 108 hrs. _ $ 540 Materials: Chlorine liquid = $ 60 Services: Water Disposal: Wixom's Trucking Company 12 loads @ $50/load = $ 600 Laboratory Testing: Coast to Coast Analytical, 50 tests x $54/test = $ 2,700 TOTAL COST FOR DISINFECTION $ 7,278 0 R E S O LUT = ON NO _ 1 3 2— 9 0 A RESOLUTION OF THE MORRO BAY CITY COUNCIL OPPOSING THE ENACTMENT AND IMPLEMENTATION OF SB 2557, AND SUPPORTING ITS REPEAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, after the longest budget stalemate in California's history, the Governor and California Legislature finally enacted a 1990/91 budget package that shifts state and county costs to cities, and diverts city revenues to finance state/county respon- sibilities; and WHEREAS, counties are an administrative arm of the state with responsibilities for carrying out state programs, while cities are in a different business of providing local municipal services which are determined locally and have no responsibility or authority for administering state or county programs; and WHEREAS, the Governor and California Legislature have shifted state and county financial responsibilities to cities; and WHEREAS, all 457 cities in California balanced their budgets only to find their budgets were subsequently thrown out of bal- ance by cost shifts and revenue losses designed to balance the budget of the state; and WHEREAS, the actions in the State budget package were enacted by passage of SB 2557, which (1) directed counties to charge cities, school districts and special districts for the county function of administering the property tax; (2) authorized counties to charge cities for booking prisoners arrested by city employees; and (3) allowed counties to retain property tax rev- enues that should otherwise go to 90 "No and Low Tax Cities"; and WHEREAS, these shifts of city revenues to counties were specifically enacted to replace cuts in state revenue for coun- ties that should have funded state responsibilities carried out by counties; and WHEREAS, the Governor and California Legislature have avoided their financial responsibilities by enacting measures that are poor public policy, which rob from one local government to finance another, and result in no real solution to the contin- uing financial problems facing all levels of government in California. Resolution No. 132-90 Page Two NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby support the repeal of SB 2557 and the protection of cities from the state budget process; and sup- port alternatives that will provide adequate long-term funding for cities and counties. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 22nd day of October, 1990 on the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 131-90 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PROJECT NO.PW 89-16: CENTENNIAL PARKWAY RESTROOM FACILITY (SECOND BIDDING) TO RIEDEL CONSTRUCTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, said project has been duly advertised and bid; and WHEREAS, the low bid for said project has been determined to be non -responsive; and WHEREAS, the second low bid for said project contained no irregularities; and WHEREAS, available funding is adequate to award the project contract for the Base Bid and Additive Alternate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the bid submitted by Complete Development Services, Incorporated is declared to be non -responsive and is hereby rejected; and BE IT FURTHER RESOLVED the project contract is hereby awarded to Riedel Construction in the amount of $139,457.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of November 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTES// ARDITH`/D`AVIS, City Clerk moll I-IMIN-ImIllmillil ENNIIIIIIIIIIIIIII EMS11111111011111 NEIIIINEIIIIIIIIIIIIIIIIII IIIIIIIII MENIIIIIIIIIIIIIIII MENNIMENININEII MEIIIIIIIIIIIIIIIIIII ME1111110111111111ii i ENIIIIIIIIIIIIIIIIII ■��■wnn■wm lJ 1+ v m v c� .Zl '0 Z n m rn rn D r 0 h w RESOLUTION NO. 130-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ENDORSING DESIGNATION OF THE CENTRAL COAST NATIONAL MARINE SANCTUARY IN THE WATERS OFF THE CENTRAL COAST OF CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 8th day of October, 1990 the City Council of the City of Morro Bay held a duly noticed PUBLIC HEARING to consider the endorsement of the designation of the Central Coast National Marine Sanctuary in the waters off the central coast of California; and WHEREAS, the proposed Central Coast National Marine Sanctuary embodies special, nationally significant marine and codependent onshore resources including abundant populations of diverse marine mammals, significant fisheries stocks, major oceanic upwellings, areas of great aesthetic beauty and scientific importance, and a great number of additional working biota features and characteristics that warrant protection under the National Marine Sanctuary Program; and WHEREAS, public necessity and resource value justifies the need for a comprehensive and coordinated conservation and management plan for the geographic area within the boundaries of the proposed sanctuary, as a part of the National Marine Sanctuary Program; and WHEREAS, the need to support, promote, and coordinate scientific research on, and monitoring of, the coastal resources shall be an integral part of the conservation and management plan; and justify its preparation: WHEREAS, to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of the proposed marine sanctuary area not prohibited pursuant to other authorities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay endorses designation of the Central Coast National Marine Sanctuary in the waters off the central coast of California, and supports the efforts of citizens, organizations, and the County of San Luis Obispo in reaching this goal. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 8th day of October, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz _ NOES: None ABSENT: None.4Z4/ ARDITH DAVIS, City Clerk RESOLUTION NO. 129-90 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT FOR THE PREPARATION OF CITY AND COUNTY SOURCE REDUCTION AND RECYCLING ELEMENTS AND COUNTY INTEGRATED WASTE MANAGEMENT PLAN 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 (SWTF) has been convened to ensure a coordinated and cost-effective regional recycling system pursuant to said Act by accomplishing specified tasks; and WHEREAS, the SWTF 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, the SWTF also decided on April 5, 1990 to recommend to the aforesaid entities a Memorandum of Understanding (MOU) to establish conceptual approval of organizational and funding recommendations to form the basis for a Joint Powers Agreement (JPA) for a Regional Solid Waste Management Planning Program to comply with said Act; and WHEREAS, the San Luis Obispo Area Coordinating Council (SLOACC) approved on July 11, 1990 a recommendation of the SWTF to assume the lead agency role under the existing SLOACC JPA for the preparation of City and County SRREs and the COIWMP; and 0 RESOLUTION NO. 129-90 PAGE 2 WHEREAS, SLOACC approved on September 19, 1990 a Memorandum of Agreement (MOA) identifying inter -agency roles and responsibilities as well as funding arrangements to accomplish said work, thereby eliminating the need for a new JPA, and authorized distribution to member agencies for approval; and WHEREAS, it is in the public interest for the City of Morro Bay to participate in this 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 Agreement for the preparation of City and County SRREs and COIWMP 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 Mayor is hereby authorized to sign said Memorandum of Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of October, 1990 by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell SROS8 MA SHE Z, Ma r ATTEST: ARDITH DAVIS, City Clerk NO. 128-90 A RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, ROBERT BRYN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, an application for disability retirement of Robert Bryn, employed by the Agency in the position of Police Sergeant has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council has delegated to the City Administrator the authority to make determinations under Section 21023(c), Government Code, on behalf of the City of Morro Bay; and BE IT RESOLVED that the City Council hereby accepts the attached Determination of Industrial Disability by its authorized delegate, and includes said determination of Industrial Disability as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 8th day of October, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk DETERMINATION OF INDUSTRIAL DISABILITY Pursuant to authority delegated to me by Resolution 19-86 of the City Council of the City of Morro Bay (hereinafter referred to as Agency) under Section 21036, Government Code, and after review of medical and other evidence relevant thereto, I hereby determine that Robert Bryn, a local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated within the meaning of the Public Employees' Retirement law for performance of his duties in the position of Police Sergeant. Pursuant to such authority, I also determine that such incapacity is a result of injury arising out of, and in the course of his employment as a local safety member, and that no third party liability exists in the matter. A petition for determination under Section 21026 whether such disability is the result of injury arising out of, and in the course of his employment by the Agency, in which he was a local safety member, has been filed with the workers' Compensation Appeals Board. A certified copy of such determination will be provided when rendered. I hereby certify that the member was separated from his employment in the position of Police Sergeant 7 October 1988, the day upon which the condition causing his disability became permanent and stationary. After expiration of his leave rights under Section 21025.4, Government Code, effective 7 October 1988, that no dispute as to the expiration of such leave rights is pending. This member has been offered participation in a rehabilitation program, which he has reiected. D4 b6t6& 1969D Date RESOLUTION NO. 127-90 A RESOLUTION ACCEPTING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM IN BRYN V. CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, a claim for Workers' Compensation benefits has been filed by Robert Bryn against the City of Morro Bay; and WHEREAS, both parties have discussed said claim; and WHEREAS, both parties have reached an agreement of said claim; and WHEREAS, the terms and conditions of said agreement are satisfactory to both parties; NOW THEREFORE BE IT RESOLVED that the City Council hereby accepts the settlement offer in the Workers' Compensation case of Bryn v. City of Morro Bay, and includes said settlement offer as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 8th day of October, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None AR ITH DAVIS, City Clerk 11 1 � 1 11 11 ps amma,10MONA • RESOLUTION NO. 126-90 RESOLUTION AWARDING THE CONTRACT FOR THE CONSTRUCTION OF PROJECT NO. PW 90-05: FERROUS CHLORIDE FEED SYSTEM FOR HYDROGEN SULFIDE CONTROL TO R. BAKER, INCORPORATED, ARROYO GRANDE, IN THE AMOUNT OF $83,890.00 THE CITY COUNCIL City of Morro Bay, California WHEREAS, hydrogen sulfide gas is potentially dangerous to health and safety of the public; and WHEREAS, said gas has been detected in unacceptable levels at the Wastewater Treatment Plan which is jointly owned and operated by the City of Morro Bay and the Cayucos Sanitary District; and WHEREAS, it is in the best interest of public well being to reduce the levels of hydrogen sulfide gas; and WHEREAS, both the City of Morro Bay and the Cayucos Sanitary District have agreed on the scope and cost -sharing provisions of a project to reduce said levels; and WHEREAS, said project has been designed and duly advertized for bid; and WHEREAS, R. Baker, Incorporated submitted the lowest responsible bid for the project in the amount of $83,890.00. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that the project contract is hereby awarded to R. Baker, Incorporated in the amount of $83,890.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of October, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None RO E MAR E SHEETZ, yor ATTEST ARDITH DAVIS, City Clerk wuu��■ n�u�xir� C- 0 w z 0 O O Ui .I, 0 RESOLUTION NO. 125-90• RESOLUTION APPROVING RIGHT-OF-WAY CERTIFICATION FOR THE PROPOSED FAU PROJECT ON MAIN STREET IN THE VICINITY OF QUINTANA ROAD T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the property on which the proposed project will take place is existing City street right-of-way; and WHEREAS, the Federal Highway Administration (FHWA) requires the local agency to adopt a Certification of Right -of -Way for Federally -funded projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the Right -of -Way Certification for the proposed FAU Project; and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay is hereby authorized to sign said Certification on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th day of October, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHELOrZ, MayofJ ATTEST: AIZDITH DAVIS, City Clerk t Exhibit 09-06-02 • • Page 1 of 1 3-89 RIGHT OF WAY CERTIFICATION Local Agency, October 9, 1990 Right of Way Cert. No. City of Morro Bay 05-SLO-0-MoBy Identification Number M-Y356 (4 Federal Project No. (if applicable) Main Street Street, Road, or Project Name Willow Camp Creek to Surf Street Job Limits 1. STATUS OF REQUIRED RIGHT OF WAY The acquisition of R/W was not required. All work proposed is within existing R/W. 2. STATUS OF AFFECTED RAILROAD OPERATING FACILITIES No railroad operating facilities are affected. 3. MATERIAL SITE(S): None required 4. DISPOSAL SITE(S): None required.. 5. STATUS OF REQUIRED UTILITY RELOCATIONS: None affected. 6. HIGH AND LOW RISK UNDERGROUND FACILITIES No high and low risk underground facilities exist within the limits of this project. 7. RIGHT OF WAY CLEARANCE There were no improvements or obstructions located within the limits of this project. 8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS Compliance was not required as there were no displacements for this project. 9. CERTIFICATION I hereby certify the statements made above are true and correct. REVIEWED AND APPROVED AGENC By ByZr Authorized Right of Way R SE MARIE SHELTZ Representative Title Mayor Date October 9, 1990 r� RESOLUTION NO. 124-90 APPROVING A CONTRACT WITH THE STATE ❑EPARTMENT OF WATER RESOURCES FOR A LOW -INTEREST LOAN TO DESIGN AND CONSTRUCT A NEW WATER TREATMENT PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is in the process of developing the Coastal Streams Diversion Project in conjunction with the Whale Rock Commission, which will provide the City a new water resource involving a surface water supply; and WHEREAS, the State Department of Health Services has tentatively informed the City ❑f Morro Bay that certain of its existing groundwater wells may in the future be determined to be surface water supplies under proposed modifications to State regulations; and WHEREAS, State law presently requires all surface water supplies to be treated by filtration prior to introduction into the municipal water system; and WHEREAS, the City of Morro Bay does not presently have a water Filtration treatment plant; and WHEREAS, the City of Morro Bay wishes to construct a water Filtration treatment plant; and WHEREAS, the City of Morro Bay has begun prepartation of the environmental documents required to obtain permits to construct a water treatment plant; and WHEREAS, the City of Morro Bay has retained the services ❑f a consulting engineer for the purpose of designing said water treatment plant; and WHEREAS, funding to pay for design, construction, operation, and maintenance ❑f said water treatment plant has not been identified; and WHEREAS, the State Department of Water Resources has offered the City of Morro Bay of a loan under the California Safe Drinking Water Bond Law of 1986 to fund the design and construction of said water treatment plant. RESOLUTION NO. 124-90 - WATER TREATMENT PLANT LOAN Page Two of Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City of Morro Bay herewith accepts from the State Department of Water Resources the offer of a loan under the California Safe Drinking Water Bond Law of 1986 in accordance with Contract No. ES4305, attached hereto as Exhibit A. 2. The City Adminstrator is herewith authorized and directed to execute on behalf of the City said contract and all other documents and correspondence pertaining thereto. 3. The City Finance Director is herewith authorized and directed to approve and execute on behalf of the City all Partial Payment Estimates relating to said loan contract. 'f. The City Council hereby resolves to allocate in the Water Fund portion of the City's annual budget an amount of money equal to the annual debt service on said loan, up to the maximum required repayment amount of $313,762, plus an additional accumulation of 10% of the total project cost up to $31,376 per year. PASSED, APPROVED AND ADOPTED bg the City Council of the City of Morro Bay at a regular meeting held thereof on this 8th day of October, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ROSE MARI SHEETZ, VM6awor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 122-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING GRANT MONIES FROM THE STATE COASTAL CONSERVANCY FOR FUNDING OF CENTENNIAL PARKWAY RESTROOM PROJECT AND RECREATIONAL PHASE OF TIDELANDS PARK THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the State of California, pursuant to Chapter 7, Division 21 of the California Public Resources Code has authorized the State Coastal Conservancy to provide grants to local government agencies for coastal access and urban waterfront improvements; and, WHEREAS, the Site Development Master Plans for Centennial Parkway and Tidelands Park provide for coastal access improvements and construction of visitor -serving amenities; and, WHEREAS, said projects have been described in the State Coastal Conservancy's Urban Waterfronts Program and in the Land Use Plan of the City's Local Coastal Plan; and, WHEREAS, the proposed Centennial Parkway Restroom and Recreational Phase of Tidelands Park are consistent with the Land Use Plan and Urban Waterfronts Program; and, WHEREAS, the State Coastal Conservancy met on August 23, 1990 and awarded $250,000 in grant funds to the City for the completion of the Centennial Parkway in the amount of $70,000 and the completion of Tidelands Park in the amount of $180,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby: 1. Accepts the grant of funds from the State Coastal Conservancy in the amount of $250,000; and, 2. Certifies that the City will obtain all permits and approvals necessary for the completion of the projects under applicable local, state and federal laws and regulations; and, 3. Certifies that the projects are compatible with the Land Use Plan of the City and those properties immediately surrounding the project; and, 4. Appoints the City Administrator as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements and so on which may be necessary for the completion of the aforementioned projects. RESOLUTION NO. 122-90 PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 24th day of September, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu NOES: None ABSENT: Sheetz J F ODELL, Vice Mayor ATTEST: ARDITH DAVIS CITY CLERK f/w/cwnissn/res122-9.0 STATE OF CALIFORI:IA CONTRACT NUMBER AM. NO. ❑ CONTRACTOR STANDARD AGREEMENT TTORNEO• Y BY THE GENERAL 90-026 ❑ STATE AGENCY A DE BRD. 2 (REV. 7/9E1 CONTRACTOR'$ SI.D. NUMBER ❑ CO T. OF GEN. SER. ❑ CONTROLLER 29th August 90 p THIS AGREEMENT, made and entered into this day of , 19 _, ❑ in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Executive Officer State Coastal Conservancy City of Morro Bay 1 W., CHHIF3PWF WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Stale hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, tirtr for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 7 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Morro Bay ("the grantee") a sum not to exceed one hundred eighty thousand dollars ($180,000) to complete construction of Phase III of Tidelands Park, and a sum not to exceed seventy thousand dollars ($70,000) to complete construction of the Centennial Parkway and Restroom facility (collectively, "the projects"), as follows: (1) Phase III of Tidelands Park: The grantee shall construct additional recreational facilities including parking, shoreline - access trail improvements, landscaping, and day -use facilities at Tidelands Park, as shown in Exhibit A, which is incorporated by reference and attached. (Continued on the following pages) CONTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the dale first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR OF OTR¢R THAN AM IMOIYIWAL ¢TAT¢ wR¢T"¢R A COFFOPATIOM, State Coastal Conservancy FAA�ii'7-n' "'.orro Bay BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED NA X X PRINTED NAME AND T O Gary Flapper, City sgNING inistrator PRINTED NAME OF PERSON SIGNING Peter Grenell TITLE Executive Officer ADDRESS St., Morro Bay, CA 93442 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAM/CATEGORY (CODE AND T TLEI . Capital Outlay FUND TITLE CWCPl_ CF Department of General Services $ 250,000.00 Use Only . o—PTIoNAL USE) City of Morro Bay Urban Waterfront Access I certify that this grant PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT exe from Department of FISCAL YEAR $mpt REM CHAPTER STATUTE 3760-303-786(3)(89) 93 1989 1989/90 General Services approval. TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $ 250,000.00 11 Urban Waterfronts I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. NO. B.R. NO. awilable for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X C� • City of Morro Bay Contract No. 90-026 Page Two SCOPE OF WORK (Continued) (2) Centennial Parkway: The grantee shall demolish a deteriorated restroom and construct a replacement facility nearby, as shown in Exhibit B, which is incorporated by reference and attached. The grantee shall carry out the projects in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy ("the Executive Officer") pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the projects. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not commence construction of the projects and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: (1) A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. (2) The Executive Officer has approved in writing: (a) the work program for the projects; (b) plans for the erection of signs and placards as provided in the "SIGNS" section of this agreement; (c) all contractors that the grantee intends to employ in connection with the projects. The grantee must provide written evidence to the Conservancy that each such contractor has complied with the bonding'requirements described in the "BONDING" section of this agreement; and (3) Written evidence has been provided to the Conservancy: (a) that all permits and approvals necessary to the completion of the projects under applicable local, state and federal laws and regulations have been obtained; (b) that the grantee has provided for liability insurance and an additional insured endorsement, or is self -insured, as described in the "LIABILITY" section of this agreement. City of Morro Bay Contract No. 90-026 Page Three CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT (Continued) (c) that the grantee has provided for fire and other loss insurance as described in the "LOSS INSURANCE" section of this agreement. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the original of this agreement in ink. This agreement shall run from its effective date through September 30, 2010 ("the termination date") unless otherwise terminated or amended as provided in this agreement. The signature of the Executive Officer of the Conservancy on this agreement certifies that at its August 23, 1990 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit C. This agreement is executed pursuant to that authorization. City of Morro Bay Contract No. 90-026 Page Four Standard Provisions WORK PROGRAM Prior to beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this agreement. The work program for each project shall include: (1) construction plans and specifications which have been certified by a registered architect or engineer, or approved by the grantee's Public Works Director; (2) a schedule of completion for the project specifically listing the completion date for each project component and.a final project completion date; and (3) a detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete each component of each project. For each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, and all other sources of monies, materials, or -labor. The grantee shall review the plans on -site with Conservancy staff. If any portion of the construction to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, prior to initiating any request for contractor bids, the grantee shall submit for review and written approval of the Executive Officer the bid package including construction.plans and specifications which have been certified or approved as described above. Upon approval by the Executive Officer, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall comply with the above paragraph regarding submission and approval of a work program prior to construction. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall construct the projects in accordance with the approved work program. F City of Morro Bay Contract No. 90-026 Page Five SIGNS The grantee shall erect signs visible from the nearest public roadway directing the public to each project. In addition, the grantee shall erect placards acknowledging Conservancy assistance, unless the grantee incorporates this acknowledgement into other signage in a manner approved bythe Executive Officer. The Conservancy shall provide placards to the grantee for this purpose. Plans describing the number, design, placement, and wording of the signs and placards shall be submitted to the Conservancy for review and written approval prior to construction of the projects. Final reimbursement may be withheld by the Conservancy pending placement of the signs and placards in the manner approved by the Conservancy. BONDING If the grantee intends to use any contractor(s) on any portion of the projects to be funded under this agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy and the grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, total amount not to exceed the amount of this grant, as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon satisfactory progress in accordance with the approved work program and upon the grantee's submission of a "Request for Disbursement" form, which.shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon the grantee's satisfactory completion of construction of the projects and compliance with the "PROJECT COMPLETION" section of this agreement, and upon the Conservancy's acceptance of the projects. The grantee shall requestdisbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall include on the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The forms shall be signed by an authorized official of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from City City of Morro Bay Contract No. 90-026 Page Six COSTS AND DISBURSEMENTS (Continued) contractors that the grantee engaged to complete any portion of the projects funded under this agreement, and by written substantiation of completion of the portion of the projects for which disbursement is requested. With each form the grantee shall also submit a supporting progress report summarizing the current status of the projects and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget for each project may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within ninety days of completion of construction of each project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: (1) an inspection report by a registered architect or engineer or the grantee's Public Works Director certifying completion of the project according to the approved work program; (2) a fully executed final "Request for Disbursement" form; and (3) "as built" drawings of the completed project. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether each project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. That project shall be deemed complete City of Morro Bay Contract No. 90-026 Page Seven PROJECT COMPLETION (Continued) as of the date of the letter of completion. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of construction of each project, either party may terminate this agreement with respect to that project for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of construction, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and the.Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. If the grantee fails to complete either project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy with respect to that project under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. OPERATION AND MAINTENANCE The grantee shall maintain the facilities and structures constructed as part of the projects and shall operate these facilities and structures throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. City of Morro Bay Contract No. 90-026 Page Eight INSPECTION Throughout the term of this agreement, the Conservancy shall have the right to inspect the project areas to ascertain compliance with this agreement. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. The Conservancy is not responsible for premiums and assessments on any insurance policy. Throughout the term"of this agreement, the grantee shall maintain self- insurance for personal injury and property damage liability assumed by the grantee under this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this agreement. LOSS INSURANCE Throughout the term of this agreement, the grantee shall provide and maintain self-insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this agreement. The Conservancy is not responsible for premiums and assessments on any insurance policy. City of Morro Bay Contract No. 90-026 Page Nine AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the construction of the project. The grantee shall retain these documents for three years following the date of final disbursement by the Conservancy under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by the Conservancy and the Auditor General during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The grantee and its contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts entered into by the grantee to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act. in an independent capacity and not as officers,or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. City of Morro Bay Contract No. 90-026 Page Ten TIMELINESS Time is of the essence in this agreement. AMENDMENT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. This agreement is deemed to be entered into in the County of Alameda. 0 EXHIBIT B ]ESIGIiED; ; rMASTER PLAN +8 acuFc �,: �D_ ' ^ Centennial Parkway GrTYTE OF NORRO BAY - ARKS & RECREATION E _� air. LY 1w JGO RO_ BbOB NOR711 BTEPMEN WOLTER - PARKS •RECREATION � !��.=�j • EXHIBIT C • STATE COASTAL CONSERVANCY Project Summary August 23, 1990 MORRO BAN' WATERFRONT RESTORATION CENTENNIAL PARKWAY AND TIDELANDS PARK File No.: 90-051 Project Manager: Marc Beyeler REQUESTED ACTION: Authorization to disburse (a) $180,000 to complete construc- tion of Phase III of Tidelands Park; and (b) $70,000 to complete construction of the Centennial Parkway and Rest - room facility. LOCATION: City of Morro Bay, San Luis Obispo County, South Central Coast Region (Exhibit 1) PROJECT CATEGORY: Urban Waterfronts FINANCIAL SUMMARY: City of Morro Bay $454,000 State Coastal, Conservancy 250,000 Total Estimated Projects Costs $694,000 PROJECT SUMMARY: The proposed improvements at Tidelands Park and Centennial Parkway are part of the overall Morro Bay waterfront restoration plan which has been previously approved by the Conservancy, the City of Morro Bay and the Coastal Com- mission, and partially implemented. The proposed projects will .provide much needed visual and physical access to the heavily impacted tourist areas of the embarcadero and harbor of Morro Bay. The Centennial Parkway and Restroom project involves the reconstruction of the parkway and the demolition and reloc- ation of the restroom facility at the Morro Bay Boulevard street -end. Relocation of the restroom facility has been contemplated in the original street -ends project funded by the Conservancy, but has been delayed due to community concerns over its specific design and location. Phase III of Tidelands Park will provide regional shoreline improvements to the currently unimproved portion of the proposed park area. C-1 STATE COASTAL CONSERVANCY Staff Recommendation August 23, 1990 MORRO BAY WATERFRONT RESTORATION CENTENNIAL PARKWAY AND TIDELANDS PARR File No.: 90-051 Project Manager: Marc Beyeler STAFF RECOMMENDATION: Staff recommends that the Conservancy adopt the following resolution pursuant to Sections 31300-31313 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes disbursement to the City of Morro Bay of an amount not to exceed two hundred fifty thousand dollars ($250,000) to complete construction of phase III of Tidelands Park and Centennial Parkway and Restroom project, subject to the following conditions: 1. Prior to the disbursement of any funds, the grantee shall submit for the review and approval of the Executive Officer of the Conservancy a detailed work program, project budget and sche- dulc, evidence of all necessary permits, and plans for the placement of signs; and 2. The grantee shall maintain and operate the sub- ject facilities for public access and recreational use throughout the life the facilities." Staff further recommends that the Conservancy adopt the following findings in support of.the recommended resolution, on the basis of the analysis and exhibits provided in this staff report: "The State Coastal Conservancy hereby finds that: The proposed projects are consistent with the purposes and criteria set forth in Chapter 7 of the Public Resources Code (31300-31315) regarding the implementation of waterfront projects; 2.. The proposed projects are consistent with the guidelines and criteria set forth in the Conser- vancy's Urban Waterfront Program Announcement; and 3. The Conservancy has reviewed the Negative Declaration for the Tidelands Park project, at- tached to the accompanying Staff Recommendation C-2 to the southern Embarcadero providing continuous public access throughout the entire harbor waterfront of Morro Bay (see map, Exhibit 2). Centennial Parkway- The Centennial Parkway and restroom facility project completes the public access improvements originally planned to be undertaken by the City along with the Conservancy -funded Embarcadero Street -Ends project. This project involves providing new and improved access to the Bay at several locations. Removal of the existing deteri- orated restroom facility at the Morro Bay Boulevard street - end and reconstruction across the embarcadero at the base of the Centennial Parkway stairway will enhance the street - end project, opening up important coastal views and provid- ing for an upgrading of restroom facilities, making them fully accessible to the disabled (see diagrams, Exhibit 3). PROJECT FINANCING: The proposed projects are estimated to cost nearly $700,000, with the City providing nearly two-thirds of the total cost and the Conservancy providing a total of $250,000. Below are the project cost estimates and the proposed source of funds. Tidelands Park: City of Morro Bay State Coastal Conservancy TOTAL: Centennial Parkway: City of Morro Bay State Coastal Conservancy TOTAL: $358,000 180,000 $538,000 IB M r . r�r Total Estimated Projects Costs: $694,000 CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed waterfront restoration projects at Tidelands Park and. Centennial Parkway are consistent with the intent of Chapter 7 of the Conservancy's enabling legislation. Public Resource Code Section 31307 provides that the Con- servancy may award grants to local public agencies for the restoration of urban coastal waterfront areas. Public Resour- ces Code Section 31308 further provides that the Conservan- cy may provide up to the total cost of any urban waterfront project or may require local funding participation. CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: Greater Than Local Need: Morro Bay's waterfront is a 6nique asset along the state's central coast, attracting tourists statewide. Both proposed projects are located on the Embarcadcro along the harbor area'of Morro Bay, and close C-4 90 o m' ILL O O CL V i y e . 5 ) e B �pPPgy�PRRQPQ�6c=Fe1, EMU I ' 1 7 rr•-^�Ip'�' m c m D (7 D m O 1 ` rri•s•rrr�>:: r�s saaaa�•7.iaa•s•s; ;tO•rsaa•art s rsa•r, i ai�i•ariiJii'i�i�i�i�ij r • Sara %;+y:::7li;i:i;:ei:i:-c.:i?•i•i i�-. :�ESK:14ED; 111 i\ r M ASTER PLAN ,• :.ATE: '•^ Centennial Parkway ey — jCA1E: 1•: 40- CRY OF MORRO BAY - (606) 772-1214 JOB NO. 6600 f1ORT11 STEPHEN WOLTER - PARK6 • REGREATgN w EXHIBIT 4 Negative Declaration C-10 I IL' p nr J(r Pli .l i1 r.'I MAY 1 9 "i98t! 1 1BDD N1fl(.l. or Uf.7/71HIHATI(N "DIAN€ uual:,� TU• xx nfflCC'O( h -- IannlnR an(i 11,!;,-t rcl, 1'X>0 Tenth Street, kirvn 121 M)4: (hihl lc Agcicy)Iku', u Day Sncra/rrnlo, rA f)Sfl 11 louvnun 5i lY Ucvclu >n cnl U xx--I--__ 59Ilatbor SL_ County Cir.rk Morro !La y CA 9JC42 Cxrtnty of —._ _Sall_1.V15_ UIr t�II, Souun_ y—CiDveL n me, �aD i,Ui�Qt?i;zpo-S!---9J4ng ST1R1F7[ f: Fl Filing or Notice of Utrtonn1nAtlon In a�rpllancc with Section 2110fl or 21152 of the Nbl Ic Rr G .r 5 Crxlr., 11Jclnudv 1'.Irk I'tu ccl 'm ect i t re`--------- N/A-------�— -'� Stale C ©ringhout^ Mm _ --- (If Sulmlttctl to nr C Millet Icrsx, �!) _ 1'arkCleartnp,Irolne) Area CodrL�i��arjFatenslrin Tlrlclnrnls . IucntcJ at th 1ro,ect Cron=suulhcln terminus of Access stalruay. IeJrs[rlan v,ilA�a r f)—ro IYscrjrtlo�------)s lustst=llatlnn of .laudscali{'IIR, etc.' T11Ls Is t0 Advise that the Cl_ Of Morro Ba Agcllc Communit Developmen�ent. has nl)provcrl the al»ve d crllyd proll!t t a1 I J (�crt ReSponslb a Agency) 86 and 11as mule the ful lo.- ing .1 termlrutlons rrRanling-UIc alu)v )atrT t.. T11e protect •I11, descrlborl proJrr.l: enviror Xx •ill not have a slgnlficant effect on anent. 2' An Environmental tlrc lntrsmint to the lml'act Report was prepared for this project xx A N Prwlslrnls of C17�A. P Ject et?ativr oaclaratlon •as prri,tred for this proJect pursuant to J. Hltl the provisions of'r�A. p+tlon m xsa Tres we f)ro.al of the rx acre not made a condltlon J• A etatCnn Protect. of the arI- nt of O'crrlJt11s prolnR Crar:idcratlJect. nns a n s, xxa:,s "rot adopted for rcr,lv)nsr� and record of r )I Ir at: IIn1 i n 11:,1 l: _mm�r•�nl I �_ Ilrvt_I ..I_n�rnl IL ..,, I n�ru -�_-59'' ILrr l•, r rrlvl�l (nr El1.InR and I\r;tlnl::rl 11111 - -- 1 L �_ Slg1lwttlre ) J�� ------ u�1 iSiCR..��):� This 1s to certify IIthat Uri flnnl mJt.�t:t apprvt•al Is avallabic to F.I II vl(h crmnml and the G.;n^rnl 111 j,l :1,/r r,. 11.r --- - -- - - -. ,uu...... r — '----• Tltlr—�'----- C-11 rUA 55A arre Sa�i Q"I7 G-K ,Harbor I. rvion:o Bay, Crl 934-42 805-77-2- 1214 IqEG7,'riVE DECL;.RI%I'IOU CUP 37-84 Applicant/Project Sponsor: (coiit.T.3n Project Tideland. Park if ar,,, City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 i,iie Environmental Coordinator, City of Morro Bay, Californi�, has found that the described project Mill not have a significant effect on the environment. A copy of the Initial Study has been attached LO document the reasons in support of this finding. mitigation . measures, if any, included in the project to avoid potentially significant effects, may also be found attached. C-13 F:RE [ATARTMENT PuHl.ic-. "'ORKS 6951 S: t ;5 1 MVNXTMENT POI 1' 1. 1 !F.PAR [MENT RECFEA DEPARTMENT I• P=.GE TI* YES FL.'iBE I7G 3, dater. will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marines or fresh waters? -- b. Chances in absorption rates, drainage patterns or the rate and amount of surface water runoff? C. Alterations to the course or flow of flood waters? — d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? —' f. Alteration of the direction or rate of flow of ground waters? V g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? y i. Exposure of people or property to water related hazards such as flooding or tidal.. waves? — 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? �! b. Reduction of the numbers of any unique, rare or endangered species of plants? �G C. introduction of new species of plants into an area, or in a barrier to the normal, replenishment of existing species? v d. Reduction in acreage of any agricultural crop? ✓ 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _\G b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? I C-15 P;.GE FOUR YES i... _- N 14. Public Services. Plill the proposal have an eff=ct upon, or result in' a need for new or altered govern- mental services in any of the following areas: a.Fire protection? - -- — b. Police protection? --- C. Schools? — d. Parks or other recreational facilities? maintenance of public facilities, including e. roads? - — f. Other governmental services? —. 15. Lnergy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of / new sources of energy? 1 - 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? �L C. Water?' d. Sewer or septic tanks? e. Storm water drainage? =� f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? - b. Exposure of people to potential health hazards? y/ 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quantity of existing recreational opport- unities? 20. Cultural Resources. a. will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? — C-17 I C-19 City of Morro Bay P,sofution Number 121 - 90 A Resolution of the City Council of The City of Morro Bay Commending and Thanking Chuck Lowman for Six Years of Service to the City Upon Retirement The City Council City of Morro Bay, California WME-T-Z S, from October 1984 to October 1990 Chuck Lowman served In the employ of the City of Morro Bay as a Wastewater Treatment Plant Operator In the Public Works Department: and WJfEREAS, in this capacity Mr. Lowman's services played an Important role and contributed to the enhancement and quality of life enjoyed by all citizens of our community. NPW,,THL'UFOP,E, BE IT R',ESOUTAED that the City Council of the City of Morro Bay, on behalf of the community, does hereby commend and thank Chuck Lowman for his Rock - solid service to the City of Morro Bay, and extends Its best wishes to him and his family on his retirement from the City. PASSED A9M ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of September. 1990 on the following vote: A2V: Baker, Lemons, Odell, Wuriu NPES: None A'$S'F.l�i Shoe¢ J/� DEL- V1Ce Mayor ARDITS-1 DAVIS, City Clerk The 6tyofalone%V4Grrwudwc&pr rwdonmrscnhmuaa of du quay ofGfcmldchmaffayoy. IPA coswm uadwAd,propottmd iff vrovilc a kvdof w nL darvira,mu4 m cord ruvmuiw w o ,"& =dim nu&. 0 RESOLUTION NO. 120-90 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 93-95/93W-95W TO RAY AND BECKY KNOX T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 93-95/93W- 95W; and WHEREAS, James and Margie George are the lessees of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a sublease agreement for portions of the leased premises with Ray and Becky Knox, dba By the Bay, a copy of which sublease agreement has been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Sites No. 93-95/93W-95W to Ray and Becky Knox; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to sign any and all required documents to complete this agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of September, 1990, by the following vote: AYES: Baker, Odell, Wuriu NOES: None ABSENT: Lemons, Sheetz JEge OYELL, Vice Mayor ARDITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT 1�THIS CONSENT TO SUBLEASE AGREEMENT is entered into this _day of 56-07�FMOCO, , 19!&, by and between Ta.,cr� /fe,.Q 6e0 o� , hereinafter referred to as TENANT, d t-1,-,roea j oPAV�lf envy and Becky E. Know6x , hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on July 1. 1987 , together with amendments dated Nov. 12, 1987, & Dec. 15, 1987 and; WHEREAS, TENANT desires to assign a sublease for a por- tion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease to CITY. In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT 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 not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (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 SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease attached as Exhibit A. TENANT guarantees SUBTENANT's com- pliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall consti- tute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. Th � to m of the sublease attached as Exhibit B shall be 12 19 years commencing upon execution of said lease an this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the -Master Lease and said Sublease shall, in all events, terminate upon termination of"the .Master Lease for any reason,.including, but not limited to, a termination which occurs as a result of court judgment... 4. Pursuant to the provision in .the Master Lease requiring TENANT to pay rental based on percentage of. gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing. the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased 7. premises. SUBTENANT 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.. Said records, books' of account and all cash register tapes, including any sales tax reports that SUBTENANT may be, required to furnish any government or governmental agency -.shall: at all reasonable times be. open to the inspection of TENANT, CITY.,,-CITY'S auditor, or other ..authorized representative or .agent of TENANT or CITY. 5. SUBTENANT acknowledges its, duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to.comply with each and.all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between . SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The prroposed'use by SUBTENANT is as follows: Perceptagp_,9� Gross Rental Applicable to Permitted. Use: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for. the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The area of the lease site covered by the Master ease is attached as Exhibit D and constitutes /0, 740 square feet. The area of the sublease 2 I. L site and of the proposed use is attached as Exhibit E and constitutes -620 square, feet. The location and size of the proposed use shall not be. altered without the prior written consent of the CITY. Specifically, .and in addition to any other' terms and .provisions of the lease, all parties agree .that if SUBTENANT makes a use of .the subleased premises which is not included.within or permitted under the terms of the.Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the4'gross''revenue from such unpermitted use., 7. SUBTENANT. shall not alter or improve the premises or any part thereof without first obtaining the prior writ- ten consent of CITY. 8. SUBTENANT 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 con- sideration of the Consent to Sublease Agreement.. SUBTENANT shall not assign, 'mortgage, 'or encumber the subleased premises in whole or.jn part without the prior written.con- sent of -CITY. . ; . . 9. Unless SUBTENANT is included as an additional insured under the. terms of TENANT'S liability insurance,. SUBTENANT agrees to maintain adequate liability insurance -in. ...the manner and form required under the .Master Lease in an amount of not less than $ , Q1�1p) per occurrence and agrees to name the CITY b .. MORRO BAY as an •additional. .. primary insured without -offset against the CITY's insurance. SUBTENANT agrees to provide the. certificates of' insurance; and copies of the actual insurance' policies to the' CITY as - required, under the Master'. Lease and otherwise comply with the. insurance requirements set 'forth in the Master Lease. CITY. reserves the:_right to require reasonable increases in the liability insurance coverage from time to time. 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless,from and against any and all claims,* including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, pro- visions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, 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 City. Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the con- ditions or terms of this Consent or of the Master Lease 3 shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit B is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease..Agreement is incon- sistent with the terms of the Master Lease, the Master 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. ATTEST: CITY CLERK Ardith Davis CITY OF MORRO BAY A Municipal Corporation By: eEF ODELL, Vice Mayor SUBTENANT: TENANT: 62l11fG1" Rd Ma4w_ �&Yge agreee' to guarantee Performance by SUBTENANT of each and all terms and condi- tions of the above specified Agreement in consideration for the CITY's consent to the proposed Sublease. TENANT: 4 RESOLUTION NO. 119-90 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 91-92/91W-92W TO RAY AND BECKY KNOX T H E C j 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. 91-92/91W- 92W; and WHEREAS, Harold and Rita Anderson are the lessees of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a sublease agreement for portions of the leased premises with Ray and Becky Knox, dba By the Bay, a copy of which sublease agreement has been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Sites No. 91-92/91W-92W to Ray and Becky Knox; BE IT FURTHER RESOLVED that: A. The use "retail gift shop" be added to the permitted uses for the lease site; and B. The Mayor and City Clerk are hereby directed to sign any and all required documents to complete this agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of September, 1990, by the following vote: AYES: Baker, Odell, Wuriu NOES: None ABSENT: Lemons, Sheetz JFtO 0 ELL, Vice Mayor ARDITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this j4 day of Sc Te����t 1g�?, by and between NA` 'n , hereinafter referred to as TENANT, L and C'd Fi' nn P� fl' - E. p+ TENA hereinafter referred to as SUBNT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on Nov..14., 19$8 together with amendments dated —" and; - — WHEREAS, TENANT desires to assign a sublease for a por- tion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under._ the terms of the Master Lease to CITY. . In the event TENANT fails to make such payment,:. SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to. pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT 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 not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (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 SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease attached as Exhibit A. TENANT guarantees SUBTENANT's com- pliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall consti- tute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, 4_ from any and all claims, .,loss, cost or. expense resulting from SUBTENANT's failure to comply. Master,Lease. with the terms of the 3• The term, of the sublease attached as_ Exhibit B shall Morrt i5 flonr� .. commencin said leaa se and this,.consent to sublease,' provided c however, .that the,term of the sublease shall'not.in.any.event exceed the terms of the Master Lease and said: Sublease .shall, in` all events, terminate upon termination "'of the Master Lease for any reason,.including, but not limited to, a termination which occurs as a result of court; judgment.' 4• Pursuant .to `the requiring TENANT, to Provision. in .the Master Lease on of: sales, SUBTENANT agrees to tandbased shall keep full;gecompletes, and accurate records, .and books of :account: in. accordance with accepted accounting practices showing: the total amount of gross sales,. as defined in the Master Lease, made each calendar month in, on or from the subleased:. premises. SUBTENANT'. 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.. Said records,. books' of account and -all cash register tapes; including.any+sales tax reports that SUBTENANT may be required to. furnish any government or governmental agency shall at all reasonable times be, open to the. inspection of TENANT, CITY; CITY'S auditor, or other authorized representative or .agent.'of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy ;of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to .comply with each and. all of the terms and conditions of those documents. • SUBTENANT acknowledges and agrees that this duty exists between ;SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: i�Eil 6;jE iiop Percentage of GrossRental AP lira le to Permitted Use: Said designated use shall_not be anged without the Prior written consent of CITY. SUBTENANT acknowledges the percentage of gross payment required for. the that proposed use under the. -terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph,. whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The area of the lease site covered by the MasteF Lease is attached as Exhibit D and constitutes `' 655 square feet. The area of the sublease 2 site and of the proposed use is attached as Exhibit E and constitutes 456 square feet:. The location and size of the proposed.. use shall not,be...altered without the Prior written consent, of the: CITY. Specifically, and in addition to. .other.terms.and;:provisions..of .the lease, all parties agree'.that if SUBTENANT` makes a use of the subleased premises which is not:included.within or permitted under the.terms'of' the; Master Lease, .TENANT shall 'be liable for and shall pay to ,CITY,: 10V of the":gross': revenue from such unpermitted.use.• 7.' SUBTENANT shall ,not alter:or.improve the premises or any part .thereof without first.obtaining the:prior writ- ten consent of CITY.' 8.. SUBTENANT agrees to submit a statement of.previous business experience: and agrees to submit current personal, and business f inancial`. statements upon request. and further agrees to submit such documents aspart.: of the . CITY Is con sideration,of the Consent to Sublease Agreement.: :.SUBTENANT .:shall not assign, 'mortgage, or encumber the'; subleased premises in whole or.in. .part without the prior•written..con- sent.of.-CITY. 9. Unless SUBTENANT is. included as an additional insured under the. terms of. TENANT's liability insurance,. SUBTENANT agrees to maintain adequate liability insurance -in the manner., and form required under the.Master.Lease in an 'amount of. not less than . $ I,Q4o,noo.� per occurrence and agrees toname. the. CITY OF MORRO.BAY' as :an ..additional ..primary insured withoutoffset against the.CITY's insurance. SUBTENANT agrees to: provide :the certificates.of: 'insurance ^ -and, copies of the actual' insurance policies to,.the ;CITY as. .required, under the Master. Lease. and otherwise comply with theinsurance requirements, set forth:in the Master Lease. CITY. reserves the. right` to' require reasonable increases in the liability insurance: coverage from time to time.: 10. SUBTENANT 'and TENANT agree to indemnify.and save CITY free and harmless ;from and against any and all claims,' including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement.and all of its terms, pro- visions and covenants are expressly conditioned upon first obtaining the consent of ;the. City Council of the CITY OF MORRO.BAY, 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 City. Council of the CITY.OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the con- ditions or terms of this Consent or of the Master Lease K u shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit B is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent 'that. the terms of such proposed Sublease are inconsistent with the terms of. this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is incon- sistent with the terms of the Master Lease, the Master 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. ATTEST: CITY CLERK , Ardith Davis. CITY OF MORRO BAY' A Municipal Corporation By: EFFfIODELL, vice mayor SUBTENANT: TENANT: By: i--n, 4 � CLLL!((t-y(1I � %�A40�D n D�RSO�% �f agrees to guarantee performance by SUBTENANT of each and all terms and condi- tions of the above specified Agreement in consideration for the CITY's consent to the proposed Sublease. TENANT: U 4 RESOLUTION NO. 117-90 RESOLUTION APPROVING RATE INCREASES FOR REFUSE COLLECTION SERVICES TO OFFSET INCREASED LANDFILL CHARGES AND ESTABLISHING A NEW PROCEDURE TO PROCESS SIMILAR REQUESTS IN THE FUTURE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay entered into 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 became effective January 1, 1982 and terminates December 31, 1991; and WHEREAS, MBGS has requested rate increases for all categories of service to offset the cost of increases in landfill charges approved by the County of San Luis Obispo Board of Supervisors February 13, 1990 and July 6, 1990, effective February 14, 1990 and August 1, 1990, respectively; and WHEREAS, said request for rate increases does not reflect consideration for increases in other MBGS operating costs; and WHEREAS, MBGS has submitted to the City the financial and other information required pursuant to Resolution No. 34-82, which established City policy regarding rate increases for refuse collection services, as well as supplemental information requested by the City; and WHEREAS, the Solid Waste Management Board has reviewed. said information and has determined that the request by MBGS for a rate increase to offset increased landfill charges is a reasonable business necessity; and WHEREAS, the City Council has the authority to establish the rates to be charged for the collection of all refuse and waste material within City limits by a licensed, duly -contracted refuse collector pursuant to Morro Bay Municipal Code Section 8.16.360; and WHEREAS, the State of California and the County of San Luis Obispo have established requirements that may necessitate additional increases in landfill charges within the next nine months and thereafter; and WHEREAS, it is appropriate for the City to establish a new procedure that will simplify and expedite the review and processing of future MBGS requests to increase rates for refuse collection services to offset increased landfill charges approved by the County of San Luis Obispo Board of Supervisors, thereby reducing administrative costs and avoiding lengthy revenue gaps due to factors beyond MBGS' control. • RESOLUTION NO. 117-90 PAGE 2 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 and replace Resolution No. 27-90 regarding refuse collection rates, adopted March 12, 1990; 2. The rates for all categories of refuse collection service are hereby established as shown in Exhibit A, attached hereto and incorporated herein by reference, effective on the next MBGS billing cycle following the adoption of this resolution; and 3. A new procedure effective October 1, 1990 is hereby established as shown in Exhibit B, attached hereto and incorporated by reference, to process future MBGS requests to increase rates for refuse collection services due to increased landfill charges approved by the County of San Luis Obispo Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of September, 1990, by the following vote: AYES: Baker, Lemons, Wuriu NOES: None ABSENT: Sheetz ABSTAIN: Odell TOM_WURIU, Acting Mayor ATTEST: ARDITH DAVIS, City Clerk IWY./:q:11401W MORRO BAY GARBAGE SERVICE REFUSE COLLECTION RATES* (RESIDENTIAL RATES EFFECTIVE NOVEMBER 1, 1990/ COMMERCIAL RATES EFFECTIVE OCTOBER 1, 1990) RESIDENTIAL RATES** Curb/Hardship: No. of Cans Standard Service/ Up to 6 cans*** 1-Can/By Application Only*** _Special Services Tag Service: Special Pickup: COMMERCIAL RATES** I Yard Rate No. of Cans Rate $6.80 1 can $ 8.80 2 cans 12.10 3 cans 15.35 5.00 4 cans 18.55 5 cans 21.85 $1.50/tag 4.25/yard Service Frequency of Pickups/Week lx 2x 3x 4x 5x 6x 1 yd.bin $23.00 36.00 47.00 59.50 69.50 86.00 1.5 yd.bin 28.50 48.50 65.00 82.50 100.00 119.50 2 yd.bin 34.00 60.50 83.00 106.00 129.00 153.50 3 yd.bin 44.50 83.00 118.00 149.00 193.50 224.00 4 yd.bin 59.50 113.00 157.00 211.00 263.00 298.50 Can Service 1 can $ 8.00 16.00 23.50 29.50 38.00 47.50 2 cans 11.50 23.50 35.50 48.00 59.50 70.50 3 cans 16.00 32.00 48.00 64.00 78.00 96.00 4 cans 18.50 37.00 55.50 75.50 92.50 111.00 5 cans 21.00 42.00 62.50 83.50 105.00 125.00 Various 20 yd. drop box (M-F only) $135.00/dump $3.00 rent/day Bin cleaning 15.00/cleaning Reinstatement 25.00 Special Overload Pickup Pickup 9.00 7.50 10.00 9.00 11.00 11.00 14.50 13.00 19.50 17.50 NOTES: * All rates are monthly, except as noted. ** All residential and commercial rates include a curbside recycling program effective May 1, 1990. *** This is 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. EXHIBIT B NEW PROCEDURE TO PROCESS FUTURE MORRO BAY GARBAGE SERVICE REQUESTS TO INCREASE RATES FOR REFUSE COLLECTION SERVICES TO OFFSET LANDFILL CHARGES APPROVED BY THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS The City of Morro Bay has been informed through its involvement with the County -wide Solid Waste Technical Advisory Committee and Solid waste Task Force formed to implement the California Integrated Solid Waste Management Act of 1989 (AB 939) to expect the County of San Luis Obispo Board of Supervisors to approve increased landfill tipping fees for various purposes several times during FY 1990/91 and FY 1991/92. It is therefore appropriate for the City to establish a new procedure to simplify and expedite the review and processing of Morro Bay Garbage Service (MBGS) requests to increase rates for refuse collection services to offset increased landfill charges approved by the County of San Luis Obispo Board of Supervisors, thereby reducing administrative costs for the City and MBGS and avoiding lengthy revenue gaps beyond MBGSI control. This new procedure is hereby established effective October 1, 1990 as follows: In the event the County of San Luis Obispo Board of Supervisors approves an increase in the tipping fee at the landfill serving Morro Bay Garbage Service (MBGS), residential and commercial refuse collection rates shall be increased to offset increased landfill charges only, subject to the following conditions: 1. For each $1.00/ton increase in the landfill tipping fee, monthly residential and commercial refuse collection rates shall be increased according to the following formula: annual tons/prior 12 months _ annual revenue/prior 12 months approved tipping fee - % increase increase/ton multiplier % of MBGS revenue for each x $1.00/ton tipping fee increase x current = amount of increase rate to be added to monthly rate Residential rates shall be rounded to the nearest $.05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however, said surcharge shall be added to the rate determined by applying the formula. Commercial rates shall be rounded to the nearest $.50 or such other amount as may be mutually agreed upon by the City and MBGS and shall include the recycling portion of the refuse collection rate in applying the above formula for ease of calculation. Refuse collection rate increases of less than $1.00/month shall be pro -rated accordingly, provided, however, that said pro -ration shall be in minimum increments of $.25/month. Increments of less than $.25/month shall be accumulative. EXHIBIT B PAGE 2 3. Said increases in residential and commercial refuse collection rates shall be effective on the first billing cycle following approval by the Board of Supervisors of an increase in the tipping fee at the landfill serving MBGS. Residential accounts are billed on a bi- monthly basis. Commercial accounts are billed on a monthly basis. 4. The City reserves the right to review the basis for said tipping fee increases approved by the Board of Supervisors. 5. MBGS shall provide to the City a copy of the landfill's request for an increase in the tipping fee no later than 5 days following submittal of said request to the County of San Luis Obispo. 6. MBGS shall notify the City of action taken by the Board of Supervisors regarding said request within 5 days following said action, including letter to the Board and related executed resolution. 7. MBGS shall provide adequate notice to its residential and commercial customers of said increases prior to the effective date of said increases. 8. The updated MBGS rate schedule shall be submitted to the City Council as an information item. ATTACHMENT A BREAKDOWN OF APPROVED AND REQUESTED TIPPING FEE INCREASES FOR COLD CANYON LANDFILL 2/14/90 - 8/29/90 APPROVED INCREASE 2/14/90 Tipping fee before increase $8.50/ton CIWMB surcharge/AB 939* .50/ton Landfill closure contingency fund surcharge* .50/ton CCL closure fund* .53/ton CCL environmental liability insurance* 1.00/ton EIR for proposed CC1 expansion** .84/ton Two load spotters/hazardous .43/ton or other unacceptable materials* New Tipping Fee $12.30/ton APPROVED INCREASE 8/l/90 Tipping fee before increase $12.30/ton AB 939 planning surcharge* 1.00/ton per inter -agency MOU CIWMB surcharge/AB 939* .25/ton Landfill site acquisition fund** .40 ton New Tipping Fee $13.95/ton REQUESTED INCREASE 8/29/90 Current tipping fee $13.95/ton CCL closure fund* 1.70/ton Dirt moving to use existing 1.75/ton permitted area Proposed New Tipping Fee $17.40/ton NOTES• * State -mandated ** County -mandated RESOLUTION NO. 116-90 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR URBAN MASS TRANSPORTATION ACT (UMTA) SECTION 18 GRANT FUNDS/ MORRO BAY DIAL -A -RIDE OFFICE WORKSTATION UPGRADE PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has conducted a public hearing regarding its intent to submit an application for UMTA Section 18 capital project grant funds for the Morro Bay Dial -A -Ride Office Workstation Upgrade Project; and WHEREAS, the City Council approves of the proposed project description as shown on Exhibit A attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to submit an application for UMTA Section 18 capital project grant funds to the State Department of Transportation (Caltrans) as described in Exhibit A and sign the grant application and all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 24th day of September, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu NOES: None ABSENT: Sheetz ABSTAIN: J ELL, Vice Mayor ATTEST: /:s�lG�iC�. d'C.rGrrro ARDITH DAVIS, City Clerk EXHIBIT A Optimize the use of limited space in Morro Bay Dial -A -Ride Office by replacing old, existing workstation furniture at Site Supervisor's workstation and dispatcher workstation with durable, adaptable modular, ergonomic workstations (or if determined to be more practical for the dispatching function a custom-built, U- shaped dispatcher workstation) designed to functionally accommodate radio/telephone system, typewriter, calculator, and recently -acquired computer system as well as provide larger work surfaces and increased filing/storage capacity at each workstation. Replace two filing cabinets and provide adequate, comfortable seating in reception/passenger waiting area. Sales Tax Total NEW PROJECT TOTAL TOTAL FEDERAL SHARE (80$) TOTAL LOCAL SHARE (20% MATCH) Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. ESTIMATED TOTAL COST $5,647 353 $6,000 6 000 $4,800 $1,200 RESOLUTION NO. 115-90 APPROVING ASSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM BRUCE AND KATHY LEWIS TO QASI, A CALIFORNIA CORPORATION, AND APPROVAL OF AN AMENDMENT TO THE LEASE PROVIDING NEW PERMITTED USES AND A CHANGE IN THE HOURS OF OPERATION 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 62/62W and; WHEREAS, Bruce and Kathy Lewis are the lessees of said property, and said lease provides that the consent of the City shall be obtained to any assignment/assumption of said lease, and; WHEREAS, Bruce and Kathy Lewis have entered into an assignment/assumption agreement with Qasi, a California Corporation, and; WHEREAS, Qasi, a California Corporation, desires to amend the lease adding new permitted uses to allow operation of a working art gallery and a change in the required hours of operation, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the assignment and assumption of lease site 62/62W from Bruce and Kathy Lewis to Qasi, a California Corporation subject to receipt and approval of the executed assignment/assumption document by the City Attorney and notice of close of escrow. BE IT FURTHER RESOLVED that the City Council hereby approves the attached Amendment to Lease Site, Exhibit A, for lease site 62/62W. PASSED AND ADOPTED by the City at a regular meeting held thereof on by the following vote: AYES: Baker, Odell, Wuriu I re)*� R7iLMI Council of the City of Morro Bay the 24th day of September, 1990, ABSENT: Lemons, Sheetz % J ELL, Vice Mayor. ARDITH DAVIS, CITY CLERK EXHIBIT A l • AMENDMENT LEASE SITE 62/62W This amendment is entered into this 24th day of September, 1990 by and between the City of Morro Bay, a municipal corporation of the state of California, herein called CITY and QASI, a California corporation, herein called TENANT. WHEREAS CITY and Marilyn and Robert Hittle entered into a lease agreement on February 16, 1988 for lease sites 62-62W and all rights and titles, interest and obligations to said lease were assigned to Bruce and Kathy Lewis on Sept. 26, 1988; and WHERE�+S ity Council on September 24, 1990 adopted Resolution No. // _90 approving the assignment of the lease on lease sites 62/62W from Bruce and Kathy Lewis to TENANT; and WHEREAS CITY and TENANT mutually agree to amend said lease to allow for the uses and required hours of operation indicated below; 1. Section 3.01 PERMITTED USES The first paragraph is deleted and replaced as follows:: Said premises shall, during the term of this lease, be used for the purpose of conducting thereon and therein the following: artists working -on site, retail sales of art, craft items, jewelry, knick-knacks, clothing and other similar items including consignments and selected imported ` 9 p goods; scuba diving 6 lessons; i office 6 storage area; commercial and recreational boating operations and dock rentals. / 2. Section 3.03 OPERATION OF BUSINESS - HOURS OF OPERATION The first sentence of paragraph A shall be deleted and replaced as t� follows: 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 not less than 30 hours per week year around, provided that TENANT also agrees from May through Labor Day each year TENANT will have the premises open to the public at least 8 hours daily each Friday, Saturday and Sunday of that period. All other terms and conditions of said lease agreement dated February 16, 1988 shall remain in full force and effect. In witness whereof the parties hereto have eyecuted this lease amendment: CITY OF MORRO BAY QASI, A CALIFORNIA CORPORATION JF6VF ODELL, Vice:,Mayor BY RDadk i 12 .Q,POtJciSd W6/ BY I STATE OF CALIFORNIA Iys COUNT)(OF__SAN LUIS ORISPO On SEPTEMBER 17, 1990 before ma, the undersigned, a Notary Public in and for 3 said State, personally appeared ROBERT P. BROUSSEAU -age' E `de/96/9(d/d946/p`piJ)6/orwod to me on the r basis of satlsfactory eNdeM0) to be the Panama whe eveated lee within Instrument the LL $ Prealdent aI A-W,61Won bohatf m OAST, 5t4 A CALIFORNIA CORPORATION 8 the corporation therein named, and acknowledged to me that Eth chcorpoatkn esecutedtho within Instrument pursuant foils SB$1UI L. POHTEfl briewa or A resWubm of its board of directors h'S'..'RY PUBUS . SA(i LUIS i'V:SFO COUNTY m WITlIESS my send aM official eeeL CALI�JRNU1 Qm I kM Co"y1°i°k^ E>mves on ins RB. 1 W t �+ SlgnaturBa�C�G� (This area for official notarial neap SUSAN L. PORTE 0 ASSIGNMENT AND ASSUMPTION OF LEASES THIS AGREEMENT is made this 24th day of September 1990, by and between Bruce W. Lewis and Kathy A. Lewis (hereinafter referred to as "Assignor") and QASI, a California Corporation. (hereinafter referred to as "Assignee"). RECITALS WHEREAS, the City of Morro Bay is the Lessor of certain real property on the Morro Bay waterfront, described as Lease Site Nos. 62 and 62W and WHEREAS, Assignor is the Lessee of the above -described Lease Sites pursuant to Leases executed and assigned by and between the Assignor and the City of Morro Bay; a true and correct copy of said Lease is attached hereto and incorporated by reference as Exhibit "A"; and, WHEREAS, Assignor now desires to assign the Leases to Assignee, and Assignee desires to accept the assignment thereof; and WHEREAS, the City Council of the City of Morro Bay, as Lessor, approved said assignment on Sept. 24, 1990 pursuant to Resolution No.//5- 90, a true and correct copy of which is attached hereto and incorporated by reference as Exhibit "B"; and, WHEREAS, Assignee has agreed to accept said Assignment. NOW THEREFORE, Assignor and Assignee hereby agree as follows: For value received, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of his right, title, and interest in and to the Leases hereinbefore described, and Assignee hereby agrees to and does accept the Assignment, and Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants, and conditions, and obligations, required to be kept, performed, and fulfilled by Assignor as Lessee thereunder. C U li �J This Agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest, and assigns. This Assignment is expressly conditioned upon the approval by Lessor as evidenced by Resolution No.//5'-70. Executed at Morro Bay, California on the day and year first above written. Assignor Signatures: Bruce W. ewis Mailing: 372 Equestrian Way, Arroyo Grande, California 93420 Assignee Signature: QASI, a Calif orporation BY: ROBERT P. BROUSSEAU BY: Mailing: 3190 N. Main St, Morro Bay, California 93442 ©6 r STATE OF CALIFOBNJA / �s s p� iss. COUNTY OF 5 /V /�' E O ,before rr the untlersigned, a Notary Public in and for 0 U by LEN/lS /VNO °1 said Statey2eTsonaily appeared c ,,< « L e r�is STATE OF CAt,f� Nip I COUNTY OF S� LUIS OBISPO )as. On SFPTFMRFR 1 7, 7 Cj9(1 )before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT P. BROUSSEAU /,(od +UpW ad>/66t6f 014'Fde/il/proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as f-hp President 69% SiV94 . on behalf of QASI . A CALIFORNIA CORPORATION 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_ SUSAN L. PORTER SUSAN L. PORTER NOTARY PUBLIC SAN LUIS OSISPO COUNTY MY Convrewion C11.11FORNIA Expires on Duns a 1991 (This area for official notarial seal) CONNIE A. FEORELAND NOTARY PUBLIC "I LUIS OBISPO COUNTY CALIFORNU! mMmlca Fxpiraa August 24, 1991 this area for official notarial seal) RESOLUTION NO. 114-90 AUTHORIZATION TO FILE A LOAN APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE RECONSTRUCTION OF THE SOUTH T-PIER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State Department of Boating and Waterways provides loans to cities, counties and districts for the development of small craft harbor facilities; and WHEREAS, the City of Morro Bay is desirous of developing the proposed boating facility to meet the needs of the boating public in the surrounding area; and WHEREAS, the City of Morro Bay has conducted a feasibility study which showed the proposed project to be engineeringly and financially feasible and economically justified; and WHEREAS, the proposed project will be owned and operated by the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay, by the adoption of this Resolution, hereby requests a loan from the Department of Boating and Waterways in the amount of $2,000,000 for the Reconstruction of the South T-Pier project. PASSED AND ADOPTED by the City at a regular meeting held thereof on by the following vote: AYES: Baker, Odell, Wuriu NOES: None ABSENT: Lemons, Sheetz 14� ARDITH DAVIS, CITY CLERK Council of the City of Morro Bay the 24th day of September, 1990, JNfF 6DELL, Vice Mayor CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS SOUTH T-PIER RECONSTRUCTION PROJECT ❑ESCRIPTION The purpose of this project is to restore the City of Morro Bay's South T-Pier, which was destroyed by Fire in December, lSBB. The South T-Pier provides public access to Morr❑ Bay, public Fishing, commercial and recreational boat berthing, and serves as a loading dock with a public hoist facility. The project consists ❑f the demolition and removal of the existing Fire -damaged timber pier, which is approximately 11,800 square Feet in size and includes approximately 17S wood bearing piles and 130 wood Fender piles, and the reconstruction of a new pier in the same location and configuration as previously existed. Approximately 80 linear feet of the shoreward end of the existing timber pier was undamaged and will remain. The new construction will be approximately 11,800 square feet in size, and will be composed of wood decking and stringers, coated steel pile caps, approximately 60 coated steel bearing piles and approximately 130 plastic fender piles. Electrical service, lighting and a Fire sprinkler system will be provided. N❑ Fuel pumps or toilet Facilities will be ❑n the pier. Approximately 330 tons of stone will be placed t❑ restore approximately 100 linear Feet of shore protection at the Foot of the pier. CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS SOUTH T-PIER RECONSTRUCTION PRELIMINARY PROJECT BUDGET ESTIMATED CONSTRUCTION COST: (MoFFat & Nichol, Engrs, 8/1/90) 10: Contingency Total Estimated Construction Cost ESTIMATED CONSULTANT COSTS EIR/Permits Geotechnical & Constr Tstg Design Constr Mgt/Inspection Total Estimated Consultant Costs TOTAL ESTIMATED PROJECT BUDGET: GHN/ 9/10/90 $1.622.000 162,000 $1 , 7B4 , 000 1S,000 S'l , 000 $ 80,000 219,000 ------------ $ 363,000 $2, 1't7, 000 �a MORRO PROJECT SITE Z N C) o PC" �T PO V AND TANK FARM _ �- 1 ,fr ci d"� ��� S 0 �o y�cyh iSAo 1�7 MORRO ROCK a LAT. 35' 22' 117' N LONG. W120'51'1 -7.5 RESTORE OWNG SOLITH TT Pum -1o.a DOCKS I REPAIR IX6I1NC I emu[ MKIIIFl -1271111 SITE PLAN 0 2W 5w PURPOSE: TO PROVIDE PUBLIC ACCESS AND FISHING DATUM: MLLW PROPERTY OWNER: STATE OF CALFORNIA. STATE LANDS COM— MISSION. C/O CITY OF MORRO BAY ADJACENT PROPERTY LESSEE: 'GREAT AMERICAN FISH COMPANY RESTAURANT MORRO BAY VICINITY MAP 0 2OW 4OW FROM NOAA CHART NO. 18703 PROPOSED SOUTH T—PIER RESTORATION IN: MORRO BAY AT: CITY OF MORRO BAY COUNTY OF: SAN LUIS OBISPO STATE: CALIFORNIA APPLICATION BY: CITY OF MORRO BAY SHEET 1 OF 3 DATE 8-7-90 TYPICAL EXISTING FENDER PILES TO BE REPLACED PURPOSE: TO PROVIDE PUBLIC ACCESS AND FISHING DATUM: MLLW PROPERTY OWNER: STATE OF CAUFORNIA, STATE LANDS COM- MISSION, C/O CITY OF MORRO BAY ADJACENT PROPERTY LESSEE: 'GREAT AMERICAN FISH COMPANY RESTAURANT EXISTING RESTAURANT REMOVE EXISTING FIRE -DAMAGED PIER AND REPLACE WITH NEW PIER EXISTING TIMBER PIER TO REMAIN 65180' NOTE 1) (SEE NOTE 2) NOTE 1: EXISTING: 6 6-PILE BENTS PROPOSED: 4 3-PILE BENTS NOTE 2: EXISTING: 6 6-PILE BENTS PIER PLAN o so, 100, REPAIR STONE REVETMENT n i REPAIR CONC. ABUTMENT AND WING WALLS O n REPAIR STONE REVETMENT 'I Z a I ' APPROX. MLW APPROX. MHW PROPOSED SOUTH T-PIER RESTORATION IN: MORRO BAY AT: CITY OF MORRO BAY COUNTY OF: SAN LUIS OBISPO STATE: CALIFORNIA APPLICATION BY: CITY OF MORRO BAY SHEEP 2 OF 3 DATE 8-7-90 13-0 PLASTIC FENDER PILE w/ VEEI. PIPE CORE PINNED TO PIER TIMBER CHOCK BLOCKING BElwEEN FENDER ALES BULL RAIL ALONG PIER STEM 4X12 WOOD DECK axle TIMBER STRINGERS-- 16r COATED STUB 111 COATED STEEL CAP COATED STEEL _ III I APPROX. 35' LONG W/ 10-IN GROUND ,APPROX. EXISTING BOTTOM % 25- IN GROUN55'D LG.�J TYPICAL PIPIER CROSS SECTION 1 1/2(MIN) i 3' EXISTING ASPHALT CONCRETE PAVEMENT - APPROX+12' MLLW FILTER FABRIC 0' MLLW GRAVEL FILL i � ARMOR STONE APPROX. EXISTING GROUND ABUTMENT REPAIR SECTION PURPOSE: TO PROVIDE PUBLIC CROSS SECTIONS a 4 0 a PIER SCALE ACCESS AND FISHING DATUM: MLLW PROPERTY OWNER: STATE OF CAUFORNIA, STATE LANDS COM— MISSION. C/O CITY OF MORRO BAY ADJACENT PROPERTY LESSEE: 'GREAT AMERICAN FISH COMPANY RESTAURANT 10 5 0 10 REVETMENT SCALE +1r t MLLW MLLW LTa*1 r EXISTING PIER DECK APPROX. +12' MLLW 2T' �(MIN) . ;•' r EXISTING CONr_ ARMOR STONE 1 1 ABUTMENT 2.5' II 0.00' MLLW FILTER FABRIC GRAVEL FILL / APPROX. EXISTING GROUND REVETMENT REPAIR SECTION PROPOSED SOUTH T—PIER RESTORATION IN: MORRO BAY AT: CITY OF MORRO BAY COUNTY OF: SAN LUIS OBISPO STATE: CALIFORNIA APPLICATION BY: CITY OF MORRO BAY SHEET 3 OF 3 DATE 8-7-90 0 MORRO BAY SOUTH T-PIER PRELIMINARY CONSTRUCTION COST ESTIMATE 8/1/90 Item Quantity 1. Mobilization/Demobilization 2. Demolition 3. Furnish and Drive Coated 64 EA Steel Piles 4. Furnish Pile Driving Template and Temporary Bridging _ 5. Install Coated Steel Pile Caps 21 EA 6. Install Pressure Treated 11,800 SF Timber Stringers and Decking 1. Plastic Fender Piles and 130 EA Blocking 8. Fire Protection including Sprinklers and Hose Cabinets 9. Electrical 10. Shore Protection, including 400 TONS Armor Stone and Filter Fabric Total Estimated Construction Cost Unit Cost LS LS $ 5,500 Cost $ 95,000 $ 20,000 $ 352,000 $ 50,000 $10,000 $ 210,000 $21 $ 248,000 $ 3,600 $ 468,000 LS $ 141,000 LS $ 20,000 $40 $ 16,000 1,622,000 RESOLUTION NO. 113-90 A RESOLUTION ORDERING NUISANCE ABATEMENT OF 2598 LAUREL, MORRO BAY, CA 93442 APN 68-253-28; CYMB MORRO DEL MAR UNIT 2 BK 27 LOT 29 T H E CITY COUNCI L City of Morro Bay, California WHEREAS, Pursuant to Municipal Code Section 8.14.090 entitled Nuisance Abatement the City Council is authorized to commence summary abatement proceedings when a public nuisance exists; and WHEREAS, The Building official has found the above building site to be in a dangerous condition and to constitute a danger to the public health, safety and welfare; and WHEREAS, the rainy season is approaching; and WHEREAS, work is not progressing rapidly enough to be accomplished prior to the rainy season which season will greatly increase the danger of the conditions existing on the site; NOW, THEREFORE, BE IT RESOLVED, the City Council of Morro Bay, California does hereby find: 1) That a public nuisance exists, the conditions of the property located at 2598 Laurel do constitute a public nuisance and there is sufficient cause to warrant abatement of such nuisance. 2) The following facts listed below constitute the findings of fact, conclusions and recommendations with respect to Abatement of such nuisance: A) The owners of the property at 2590 Laurel, Mr. and Mrs. Robert Johnson, by their agent obtained a building permit for certain work on their lot. Without the permission of the city the permit was deviated from causing an excavation of more than 25 feet which has undermined at least some of the adjacent properties, destabilized the hill and which does constitute an unsafe condition. B) The property at 2590 Laurel was declared unsafe by the Building Official on May 21, 1990. The Building Official found the site to be a dangerous condition and subject to landslide risk in that it appeared the geology and soils report submitted was inadequate for the excavation actually done, the approved building permit had been deviated from and required inspections were omitted. Furthermore, the site presents a danger to the health and safety of the Public in that the sheer drop off of more than 25 feet has undermined a residence on an adjoining lot and the cut slope has not been adequately shored to prevent slumping and landslide from adjoining property. C) The property at 2598 Laurel, after an inspection by James Nicklas, Chief Building Inspector, and Elizabeth A. Szwabowski, Building Inspector, on May 22, 1990, was also found to be in an unsafe condition. The apparent undermining of portions of the foundation of the structures appear to be the result of grading work and excavations done on the adjoining property. This building was declared unsafe and posted for occupants to vacate on Tuesday, May 29, 1990. D) The Code Enforcement Officer has served both property owners with a notice and order to abate and also served both property owners with proper notice of hearing before the City Council for summary abatement proceedings. 3) The following constitute the needed corrections and abatement methods for the property and the time limits within which the nuisance must be abated at the owner's expense: 1% 46 DATE COMPLETED BY A) September 14, 1990 B) September 14, 1990 C) September 14, 1990 D) September 14, 1990 E) September 14, 1990 F) October 26, 1990 WORK TO BE DONE demolish and remove garage demolish and remove unsafe portions of residential structure reinforce and stabilize remaining portions of residential structure. prepare and submit geology reports, soils report and engineered plans for stabilizing and restoring the hillside and slope of that and adjacent properties. restabilize and support the hillside which the excavation destabilized. all work must be accomplished prior to the rainy season which according to the City's LCP commences on November 1. In order to accomplish all work by this date the deadlines listed above must be complied with. THE CITY COUNCIL of the City of Morro Bay, California does hereby issue this ORDER TO ABATE: The public nuisance found at 2598 Laurel shall be abated at the expense of the owner of said property by completing the work set forth hereinabove on or before the dates set forth hereinabove by the owner of said property. In the event such nuisance is not completely abated in accordance with this abatement order by the owner within the time period set forth hereinabove, the City Administrator is directed to cause the same to be abated by City Forces or private contract and the City Administrator is expressly authorized to enter upon such premises for such purposes. The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the property. The Code Enforcement Officer is directed to post notice of this Abatement Order at the property address and to send 0 notices, certified, return receipt requested to all listed property owners of said property. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held of the loth day of September, 1990 on the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons /a �on/Ma" .,,. ATTEST: ARDITH DAVIS, City Clerk APPROVED TO AS FORM: CITY COUNCIL RESOLUTION NO. 112 - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE PLAN TO REVISE THE DESIGNATED LAND USE AREA BETWEEN STATE HIGHWAY 41 AND MORRO CREEK FROM THE NORTH MAIN STREET SPECIFIC PLAN. THE CITY COUNCIL City of Morro Bay, California WHEREAS, following extensive public hearings in 1988 and 1989, the City Council adopted Resolution 43-89 amending the General Plan and Local Coastal Land Use Plan in order to incorporate the North Main Street Specific Plan, and WHEREAS, in accordance with state law, these amendments were submitted to the California Coastal Commission for certification prior to taking legal effect, and WHEREAS, the Coastal Commission held public hearings in March, April, and May 1990 to consider to requested amendments, and did certify all portions of the requested amendments with the exception of the area between Highway 41 and Morro Creek known in the North Main Specific Plan as Area D, and WHEREAS, justification by the Coastal Commission for denial of the proposed plan amendments in Area D was due to the desire to retain the area in its current designation for visitor serving commercial land uses, and specifically to enable recreational vehicle usage at an existing recreational and trailer park in the area, and WHEREAS, to achieve consistency between the Council's earlier action in adopting plan modifications by passage of Resolution 43-89 and the Coastal Commission's denial of the requested amendments, the City is now required to modify the North Main Street Specific Plan to return Area D to its former designation in the General Plan and Coastal Land Use Plan, and WHEREAS, for purposes of the California Environmental Quality Act, the project is exempt as the functional equivalent of an EIR under the general exemption provided to the Local Coastal Program process; the Coastal Commission is the lead agency for purposes of CEQA; no further City documentation is required, and WHEREAS, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING on September 10, 1990 to consider amendments to the General Plan and Local Coastal Program Land Use Plan in Area D of the North Main Street Specific Plan to achieve conformance with action by the California Coastal Commission, and WHEREAS, during the PUBLIC HEARING and after considering the staff report and comments of all persons who contributed, the City Council did find the following facts and reasons to justify their action in this matter: 1. The conclusions and findings of the California Coastal Commission as contained in the District Director's report of June 26, 1990 are accurate and appropriate in this case. 2. Redesignation of Area D for visitor serving uses will benefit provision of additional recreational vehicles in an existing recreational vehicle and trailer park and will thereby support visitor use of the area consistent with the Coastal Act. 3. Redesignation of Area D for visitor serving uses will not adversely affect other properties in the area which will continue in conforming status and will retain reasonable future land use options. 4. Redesignatiog Area D for visitor serving uses will not be inconsistent with good planning concepts in terms of the overall neighborhood. 5. No further report on this matter is required from the Planning Commission in that the Commission previously considered the use and application of visitor serving uses in Area D when it made it's original recommendation concerning amendments to the Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, and follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter; and, 2. The City Council does hereby amend the General Plan and Local Coastal Land Use Plan by modifying the text and maps of the North Main Street Specific Plan to reference to Area D as a visitor serving commercial use shown on Exhibit `A' attached hereto and made a part hereof and also modifies the text and map of the Local Coastal Program Land Use Plan to delete reference to Area D as a mixed use area as shown on Exhibit `B' which is attached hereto and made a part hereof. 3. This resolution shall take effect immediately and a copy shall be transmitted to the Coastal Commission. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, California, at a regular meeting held thereof, on the loth day of September 1990, by the following vote to wit: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ATTEST: ARDITH DAVIS, City Clerk i N0Rw,wH MAIN STREE SPECIFIC PLAN f?Gs*Lv two 112 -CI �Xo��ir A 5howi• arnendmrr}5 t� cs mF Thc. Nmr�+ Macy S^r• <jPCG,IFIC. PIa-/I CITY OF MORRO BAY COMMUNITY DEVELOPMENT DEPT. 1 This area is characterized 1by underutilized visitor . 1serving commercial property near the intersection of Highway 41, with a mixture of commercial business extending north to the supermarket on the corner of Elena and Main Street. (within this -neighborhood are several large vacant 'lots with zones ranging 'from VS-C and medium ,density residential to VS-C and neighborhood commercial with high density residential. Proposals for this area would increase the types of commercial uses that will be allowed. A reduced height limit, landscaping standards and continuous curb, gutter, and sidewalk are also suggested for new development throughout the plan area. Fial This area is a mixture of residential, commercial, .and light industrial uses. 'It includes the major east - :west gateway into the City, 'Highway 41, and major on - /off -ramps from Highway One. This stretch of Main Street is the most heavily traveled roadway in the City. Morro Creek, a major drainage basin, experiences flooding at this point due to a backwater condition set up by a series of bridges and culverts. Proposals include a+casp consideration of a cooperative venture with PG&E to provide a north bound rest area, a landscaped entry corridor along Highway 41, and a mid -range solution to traffic problems at the intersection of 41 and "fain 4+a tj c. -b �l S PROPOSED M-11 /P Wy/ R-11 1 EXISTING RTI m- I /PD/ /PE /7 wly A NORTH MAIN ST. ZONING PROPOSALS SPECIFIC PLAN AREA D FIG. 8A l• KEY FIGURE 5 c MIXED USE AREAS �'. ; I... (%�� �• No I I Z-9 J;lefG d MtKe4' uSe. e3 P'GJ 1 RESOLUTION NO. 111-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 468 FOR THE 1990 HARBOR FESTIVAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has worked extensively with Harbor Festival, Inc. and its predecessors for the past eight (8) years in hosting the Harbor Festival; and, WHEREAS, Harbor Festival, Inc. has proposed holding the 1990 Harbor Festival at the South T-Pier, Front Street Parking Lot and the two (2) south -bound lanes of Embarcadero Road in this vicinity; and, WHEREAS, the City staff has reviewed this permit and recommends fifteen (15) conditions of approval as attached and marked Exhibit "A": NOW, THEREFORE, BE IT RESOLVED by the City Council that the Director of Recreation and Parks is authorized to issue Public Area Use Permit No. 468 for the 1990 Harbor Festival with conditions of approval as attached marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this loth day of September, 1990 by the following roll call vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons d0d9MAAIE&SHEEI(Z MAYOR ATTEST: ARDITH DAVIS CITY CLERK f\w\ca issn\rs711-90 EXHIBIT "An RECOMMENDED SITE CONDITIONS City staff has reviewed the proposal of the Festival site and expansion. The following conditions have been recommended for the approval of the Public Area Use Permit. 1. Clear access to the Harbor Maintenance Yard shall be maintained at all times and Front Street Parking Lot may not be fenced. 2. Pedestrian and loading access for owners and crews of boats occupying slips in the affected areas shall be provided. 3. Emergency vehicle access is a major concern and a traffic lane one (1), south -bound on Embarcadero Road shall be open at all times. Site fencing shall be easily taken down for emergency vehicle access. Parking shall not be allowed in the south - bound lanes of Embarcadero at any time except for a ten (10) minute loading/unloading zone in lane two (2) which is designated as a one (1) minute north -bound traffic lane. Lane two (2) shall be posted for a loading zone. 4. A barrier acceptable to City shall be placed at the top of the revetment between the Great American Fish Co. and the South T- Pier. 5. Adequate trash receptacles shall be made available and emptied in a timely manner with continuous litter patrol. A large construction -type trash dumpster shall be required. Recycling receptacles are strongly encouraged for all recyclable materials. 6. Posting of the parking lot shall occur at least forty-eight (48) hours in advance by Harbor Festival, Inc. HFI shall pick up barricades and no parking signs at Public Works/Corporate Yard on October 2, 1990. 7. Pre -event and post -event inspection of the area by City Public Works Department is required. Requests by HFI to borrow City - owned traffic control signs shall be made by September 21, 1990. 8. Directions to off -site parking areas shall be conspicuously posted. 9. Traffic control plans shall be approved by the Police Department prior to the event. 10. At least sixteen (16) portable toilets shall be provided at the site. PAGE 2 11. Set-up of the event site shall not begin until 1:00 p.m. on October 4, 1990 in Front Street parking area and 10:00 a.m. on October 5, 1990 in the S. T-Pier area. Set-up is defined as denying the public parking access to these areas. 12. Take down of the event site so it is functional shall be completed by 1:00 p.m. on October 8, 1990. Total site clean-up shall be completed by October 13, 1990 at 5:00 p.m. 13. The Fire Chief shall approve emergency vehicle access into the site from Embarcadero Road. All traffic/pedestrian lanes in the Festival site shall be at least fifteen (15) feet wide. 14. The parking lane (lane 2) on Embarcadero north -bound shall be used for north -bound traffic and the travel lane (lane 1) on Embarcadero north -bound shall be used for south -bound trafic during the Festival. Deliniators/cones shall be placed down the center line of these two (2) travel lanes. 15. Insurance policy endorsements naming the City as additional insured pursuant to the City-HFI Agreement dated 25 July, 1990 shall be approved by City Risk Manager prior to issuance of Permit No. 468. Rec on & P_ CITY OF MORRO DAY •ERMIT# 00468 APPLICATION FOR PUBLIC AREA USE PERMIT GENERAL: NAME Ricard M. Galen DATE 6-18-90 last first initial ADDRESS PO Box 1869 PHONE 772 2180 home Morro Bay CA 93443 772-1155 work city state zip IF REPRESENTING AN ORGANIZATION, COMPLETE THE FOLLOWING: ORGANIZATION NAME MORRO BAY HARBOR FESTIVAL. INC I (profit To celebrate waterfront; promote city as PLEASE CHECK BOX PURPOSE OF ORGANIZATION P Y I Inonprafit tourist/recreation site; to raise funds for commuml4RS Number (if non-profit) 77-0196390 nonprofit organizations. Applicants relationship to Organization Festival Coordinator EVENT INFORMATION: WILL FEE BE CHARGED? Ixlyes I Ino EVENT DATE October 6 & 7 , 1990 It yes, please explain the purpose and amount of lee. EVENTTYPE Festival (dance, meeting, etc.) Fee proceeds robe shated with community organizations who donate time to Festival, as HOURS 7:J✓lp_ 7 am well as help cover Festival expenses. pm m (please include preparation & cleanup time) 000, 20 ESTIMATED ATTENDANCE: Adults %attending that are Motto Bay residents? 17 Will alcohol he served? r I yes I I no 5,000 youth Will a live band be. performing? IMyes I Ino Is electricity requited? Nlyes I Ina 25,000 Total SITE INFORMATION: SITE REQUESTED— South T-Pier environs, from Beach St. to VirR's (see attached map) Ixkyes I I no City streets and/or parking areas must be closed for this event. (xkves I I no Temporary structures are to be built for this event. Ixlyes I I no Open flames, refueling of vehicles or other fire hazards exist for this event. EQUIPMENT REQUESTED: Check all that apply (xlchairs IIcones K.`lharricades I Ipodium I I kitchen utensils IxIgarbage cans Ixltables I Iflashers I IPA system I I bases I Iscateboard I Iconcession building I xl other, specify hanners walkie-talkies rash boxes, netting, booths. no oarkinR SIRns. traffic control flags, etc. AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she of the organization (hat he/she represents shall assume all risks for loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above; the applicant further agrees that in consideration of permission to use the City property above; he, she at the organization will save, defend, and hold the City of Morro Bay and/or their employees free and harmless from ally loss, claims, liability or damages, and/or injuries to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant further agrees to he personally responsible for anydamage sustained to the grounds, building, fixtures or equipment, as a result of their use of City properly. The applicant further certifies that�he/she has read the rut on the reverse tide and agrees to abide by them. Date B-18-90 Signature QM V • ! L E S NOTE: This application must be accompanied by a deposit to be considered for approval. Charges and fees due 15 days prior to use. DEPARTMENT APPROVAL — Office Use Only Department I Iyes I Ino I I with conditions Signed: Conditions: I. 2. 3. RECREATION AND PARKS SUMMARY — Do Not Write FEE ASSIGNMENTS: FEE SUMMARY 1• @$ _$ 4. @$ _$ Deposit Received) 1$ 2. @$ =g 5. @$=$ Fees Received( IS 3. @$=$ 6; @$ =3 Insurance Celt. l I Permit Approved: Date Recreation and Parks Director wmre — urgce Canary — Applicant Blue — Police Pink — Fire • RESOLUTION NO. 110-90 A RESOLUTION ORDERING NUISANCE ABATEMENT OF 2590 LAUREL, MORRO BAY, CA 93442 APN 68-253-36; CYMB MORRO DEL MAR UNIT 2 BK 27 LOT 28 T H E CITY COUNCI L City of Morro Bay, California WHEREAS, Pursuant to Municipal Code Section 8.14.090 entitled Nuisance Abatement the City Council is authorized to commence summary abatement proceedings when a public nuisance exists; and WHEREAS, The Building Official has found the above building site to be in a dangerous condition and to constitute a danger to the public health, safety and welfare; and WHEREAS, the rainy season is approaching; and WHEREAS, work is not progressing rapidly enough to be accomplished prior to the rainy season which season will greatly increase the danger of the conditions existing on the site; NOW, THEREFORE, BE IT RESOLVED, the City Council of Morro Bay, California does hereby find: 1) That a public nuisance exists, the conditions of the property located at 2590 Laurel do constitute a public nuisance and there is sufficient cause to warrant abatement of such nuisance. 2) The following facts listed below constitute the findings of fact, conclusions and recommendations with respect to abatement of such nuisance: A) The owners of the property at 2590 Laurel, Mr. and Mrs. Robert Johnson, by their agent obtained a building permit for certain work on their lot. Without the permission of the city the permit was deviated from causing an excavation of more than 25 feet which has undermined at least some of the adjacent properties, destabilized the hill and which does constitute an unsafe condition. B) The property at 2590 Laurel was declared unsafe by the Building Official on May 21, 1990. The Building r .. ti Official found the site to be a dangerous condition and subject to landslide risk in that it appeared the geology and soils report submitted was inadequate for the excavation actually done, the approved building permit had been deviated from and required inspections were omitted. Furthermore, the site presents a danger to the health and safety of the Public in that the sheer drop off of more than 25 feet has undermined a residence on an adjoining lot and the cut slope has not been adequately shored to prevent slumping and landslide from adjoining property. C) The Code Enforcement Officer did serve both property owners with a notice and order to abate and also served both property owners with proper notice of hearing before the City Council for summary abatement proceedings. 3) The following constitute the needed corrections and abatement methods for the property and the time limits within which the nuisance must be abated at the owner's expense: DATE TO BE COMPLETED BY A) September 14, 1990 B) September 14, 1990 C) October 26, 1990 WORK TO BE DONE provide to City an approved Engineered design and plans for restoration of the site and hillside stabilization. restore and restabilize the hillside. all work must be accomplished prior to the rainy season which according to the City's LCP commences on November 1. In order to accomplish all work by this date the deadlines listed above must be complied with. THE CITY COUNCIL of the City of Morro Bay, California does hereby issue this ORDER TO ABATE: The public nuisance found at 2590 Laurel shall be abated at the expense of the owner of said property by completing the work set forth hereinabove on or before the dates set forth hereinabove by the owner of said property. In the event such nuisance is not completely abated in accordance with this abatement order by the owner within the time period set forth hereinabove, the City Administrator is directed to cause the same to be abated by City Forces or private contract and the City Administrator is expressly authorized to enter upon such premises for such purposes. The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the property . The Code Enforcement Officer is directed to post notice of this Abatement Order at the property address and to send notices, certified, return receipt requested to all listed property owners of said property. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held of the loth day of September, 1990 on the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons , " � r0o)", / FW"Woww"AlAt, NO A- .� `11 ATTEST: ARDITH DAVIS, City Clerk APPROVED TO AS FORM: 0 RESOLUTION NO. 109-90 APPROVING AN AGREEMENT WITH ARROWHEAD INDUSTRIAL WATER, INC. FOR THE RENTAL OF A PORTABLE REVERSE OSMOSIS WATER TREATMENT PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, due to the continuing drought conditions the quality of water being delivered from the City's municipal water wells in the underflow of the Morro Creek Basin is continuing to degrade due to increased salinity; and WHEREAS, treatment of said water by reverse osmosis is required to reduce the salinity of said water to within the State Department of Health secondary water quality guidelines; and WHEREAS, Arrowhead Industrial Water, Inc. of Milpitas, California has a portable reverse osmosis treatment plant available for rental to the City on a temporary basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. The rental agreement for said unit, attached hereto as Exhibit "A", is hereby approved. 2. The City Administrator is authorized and directed to execute said agreement on behalf of the City of Morro Bay. PASSED, APPROVED AND ADOPTED on this 10th day of September, 1S90, by the following roll call vote: AYES: Baker, Odell, wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: Lemons ROSE MARIE HEET2, M or ATTEST: 'AZ ARDITH DAVIS, City Clerk PROPOSAL 23339-92-3951 2,eoywn. Ar. %m iA� � m =" dwxs6-94W i MG August 23, 1990 Mr. Bill Boucher Associate Civil Engineer public Works Department City of Morro Bay 695 Harbor Street Morro Bay, Ca 93442 RE: Additional Rental RO System for Well Hater Treatment Mr. Boucher: Confirming our recent telephone conversation, Arrowhead Industrial Water (AIW) is able to supply an AIW standard rental RO capable of producing a maximum permeate flow rate of 255 GPM assuming the well water quality is acceptable and meets certain criteria. The equipment rental rates and contract terms are as follows: 1) Monthly RO Equipment Rental Rate: $258000.00/month 2) Minimum Contract.liength: Three (3) months 3) Contract Extension: The City of Morro Bay may extend beyond the initial three (3) month contract term on a month to month basis at the same monthly rate of 625,000.00/month 4) Installation and Set Up fee: $2,500.00 5) payment Terms: Yet 3o days from date of invoice 6) Deposit Requirements: A $10,000 non-refundable deposit is required to hold the equipment for a period not to exceed three (3) weeks. This deposit will be applied towards the first month's rental rate. 7) permits: City of Morro Bay to provide all required permits. 8) Site Improvement: City of Morro Bay will be responsible for providing a equipment pad site and all required utilities to the proposed equipment pad site as required. 9) Delivery and Start UP: AIW is capable of providing the 255 GPM RO within two (2) weeks from date of issue of your purchase order. Installation and ta if Bred l be the accomplished in 2-3 days after equipment i proposed site. 10) post Treatment of Water: The City of Morro Bay will be responsible for providing any post treatment and/or post treatment chemicals such as chlorine if required by the State of California Health Services Department. PROPOSAL seo Amm Avw%o 23335-92 -38 S 1 y Of Morro may 11) AIM reserves the right to terminate this ayyrsament without penalty in the event that the process is found to be uneconomical, hazardous to personnel, or damaging to the AIM equipment. As discussed, I have scheduled to meet with you at 9:30 Ali at your office on Wednesday, August 29th with Maher Tleimat and Robert Berson so that we may make a visit to the proposed well site and discuss in detail requirements for installation of the proposed RO system. I will require a water analysis on the proposed well as soon as possible in order to calculate the operational parameters of the RO system. If I may be of any assistance to you, please feel free to contact me at your earliest convenience. Regards, ARROWHEAD INDUSTRIAL WATER �4t. DanTBerq/a Sales Engineer l0--H�Ml1 cc: Jim Elliott, AIW Maher Tleimat, AIW G.H. Nichols, City of Morro Bay, Director of Public Works RESOLUTION NO 108-90 APPROVING AN AGREEMENT WITH PACIFIC GAS & ELECTRIC CO. FOR THE TEMPORARY USE OF TWO WATER WELLS FOR AN EMERGENCY SUPPLEMENTAL WATER SUPPLY 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 anticipates the necessity to augment its municipal water supply because of depleted ground- water conditions cause by prolonged drought; and WHEREAS, the Pacific Gas & Electric Company (PG&E) owns and operates two groundwater wells adjacent to Morro Creek on the site of the Morro Bay Power Plant; and WHEREAS, PG&E has deemed it reasonable and appropriate to provide all feasible assistance to the City during a domestic water supply emergency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The agreement between the City of Morro Bay and PG&E permitting the City to use PG&E's two water wells, attached hereto as Exhibit A, is herewith accepted and approved. 2. The Mayor and the City Administrator are authorized and directed to execute on behalf of the City the said agreement and all related documents pertaining thereto. PASSED, APPROVED AND ADOPTED on this 10th day of September, 1990, by the following roll call vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: Lemons ROSE MARIE ffHEETZ, ayor ATTE2" 2 ARDITH DAVIS, City Clerk E Pacific Gas and Electric Company September 4, 1990 City of Morro Bay 595 Harbor Street Morro Bay, CA. 93442 406 Higuera Street P.O. Box 592 San Luis Obispo, CA 93406 LD No. 2229-10-0363 Re: Permit to the City of Morro Bay for the temporary use of PG&E's two water wells located on its Morro Bay Power Plant Property Gentlemen: Pacific Gas and Electric Company (PG&E) hereby gives the City of Morro Bay (City) permission to use PG&E's two water wells on PG&E's Morro Bay Power Plant property, located at 1281 Embarcadero in the City of Morro Bay, County of San Luis Obispo, State of California, as shown in red on the drawing marked EXHIBIT "A", attached hereto and hereby made a part hereof. This permission shall be subject to the following terms and conditions: 1. This permission shall be for a term of six (6) months, commencing on September 1, 1990 and ending on, or before, February 28, 1991. PG&E recognizes that City's need to use PG&E's water wells may extend beyond the initial term of this permission and agrees to consider an extension of this permission, as it may be necessary, to sustain City's water supply. 2. City agrees to supply, at no cost to PG&E, City water to PG&E's said real property, in exchange for City's use of PG&E's two water wells. City agrees to install, in a manner acceptable to PG&E, a water meter between its water supply system and said water wells. City's use of said water wells shall not interfere with PG&E's need to maintain its water storage tank capacity, for fire suppression and protection of its facilities on said real property. 3. City agrees to notify PG&E's Morro Bay Power Plant Manager, at least twenty four (24) hours in advance except in the event of an emergency, at telephone (805) 595-5001, each time City's employees and/or contractors need to enter on PG&E's property. 4. City shall furnish PG&E's Morro Bay Power Plant Manager, with a list of the names, along with either the social security or valid driver's license number, of all persons who will need to enter on to PG&E's property, during this permission. 5. City shall be solely responsible for all the labor and materials costs associated with its modifications, to any of the equipment and/or pipelines appurtenant to PG&E's water wells, necessary to complete their connection to City's water supply system. City of Morro Bay September 4, 1990 Page 2 6. City agrees that if these two water wells require maintenance or other work during times other than the normal working hours for PG&E, (Monday through Friday, 8:00 a.m, to 5:00 p.m.), City agrees to pay PG&E for the cost of its employees that were required to be present. PG&E shall inform City, in writing, of these costs within fifteen (15) working days from the date of such occurrence. City agrees to reimburse PG&E within thirty (30) days from the receipt of PG&E's invoice. 7. City shall comply with all the local, state and federal laws and regulations including those laws whether existing or new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances. City agrees to further indemnify and hold PG&E harmless from any and all loss, expense, and liability arising out of the presence of the aforementioned conditions on PG&E's real property. In no event shall City dispose or allow the disposal of any substance on PG&E's real property which has hazardous or toxic qualities. 8. City shall operate, install, maintain, repair and replace the equipment and/or pipelines that are appurtenant to PG&E's two water wells, in a manner that is acceptable to PG&E. 9. City shall, on a regular basis, monitor the quality of the water pumped from PG&E's two water wells. City agrees to report the results of this monitoring, to PG&E on a regular basis. City, also, agrees to furnish PG&E, free of charge, with copies of all the water quality and pump data reports, it receives or performs, during the term of this permission. 10. PG&E does not make any warranty as to the quality, potability, purity or quantity of the water pumped from said water well(s). 11. City shall not in any way interfere or permit any interference with PG&E's operations or use of said property. 12. City acknowledges PG&E's title to said property and agrees never to resist or assail said title. 13. Notwithstanding anything contained herein, City agrees to pay PG&E for the full cost of any damage to PG&E's property resulting from City's exercise of this permission, except for damages which result from PG&E's sole negligence or willful misconduct. 14. City shall obtain any permits required by any other federal, state and local governmental agencies having jurisdiction over said real property. City of Morro Bay September 4, 1990 Page 3 15. PG&E shall not be liable to City, its employees, contractors, agents, or invitees for any loss, damage or liability for damages, whether for loss of, or damage to, property or injury to, or death of, any person, which shall arise out of or in any way be connected with City's exercise of this permission, unless such loss, damage, injury, or death shall be caused by the sole negligence or willful misconduct of PG&E. 16. City shall pay and discharge all bills for labor and materials furnished during the term hereof, at City's request, for City's use of PG&E's two water wells on said real property, and shall be solely liable and shall hold PG&E harmless from liability for any and all claims, demands and causes of action brought arising out of, or in any way connected with, any claims and/or liens for labor and/or materials or similar action. 17. City shall indemnify PG&E, its officers, agents, and employees, against all loss, damage and liability resulting from injury to or death of any person, including, but not limited to, City's employees, agents, contractors, invitees, and PG&E's employees, or injury to property, including, but not limited to, City's property or PG&E's property, arising out of, or in any way connected with, City's exercise of this permission, including any loss, damage, expense, or liability proximately caused or contributed to by the negligence, whether active or passive, or City's failure to inform PG&E of the precise nature of City's activities, excepting only such loss, damage, expense, or liability as may be caused by the sole negligence or willful misconduct of PG&E. 18. INSURANCE REQUIREMENTS: (a) Worker's Compensation City shall furnish PG&E with a certificate of worker's compensation or self-insurance indicating City's compliance with the Labor Code of California, including Employer's Liability insurance with the minimum of Two Million Dollars, ($2,000,000) for injury or death of any one person. This certificate should provide thirty (30) days' written notice to PG&E prior to the cancellation, termination, alteration, or any material change of such insurance. (b) Comprehensive General & Comprehensive Automobile Liability Coverage City shall procure and maintain, in effect, during the full term of this permission, Comprehensive General Liability and Comprehensive Automobile Liability of not less than Two Million Dollars, ($2,000,000), combined single limit or equivalent for bodily injury, personal injury, and property damage as the result of any one occurence. City of Morro Bay September 4, 1990 Page 4 Comprehensive General Liability shall include coverage for Premise - Operations, Owners & Contractors Protective, Products/Completed Operations Hazard, Contractual Liability, and Broad Form Property Damage including Completed Operations. Comprehensive Automobile Liability shall include coverage for Owned, Hired, and Non -Owned automobiles. (c) Additional Insurance Provisions (1) Evidence of coverage described in Items (a) and (b) shall state that coverage provided is primary and is not excess or contributing with any insurance or self-insurance maintained by PG&E. (2) PG&E shall have the right to inspect or obtain a copy of the original policy(ies) of such insurance. (3) All the insurance certificates, endorsements, cancellations, terminations, alterations, and any material changes of such insurance shall be issued and submitted to the following: PACIFIC GAS AND ELECTRIC COMPANY Attention: Manager of Insurance Four Embarcadero Center, Room E-280 San Francisco, California 94106 19. PG&E shall have the right to terminate this permission forthwith for City's failure to comply with any of the conditions contained herein, either with or without notice to City as PG&E shall deem proper. 20. This permission is subject to the provisions of General Order No. 69-C of the Public Utilities Commission of the State of California and to all other applicable provisions of the laws and regulations of the State of California and all other governmental agencies. 21. This permission given by PG&E may be considered by others to be an implied endorsement of City's plans. As a result, PG&E requires that City assure, by acceptance of this permission, that they have given full consideration to the ecological and environmental impact of their use. City shall assure PG&E that they have complied with, or will comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.) City of Morro Bay September 4, 1990 Page 5 22. This permission is personal to City and shall not be assignable in whole, or in part, without the prior written consent of PG&E. 23. City agrees that PG&E, at its option, may terminate said permission if, in PG&E's opinion, the viability of these wells is threatened to the extent that City's continued use would be detrimental. 24. City shall submit to PG&E, for prior approval, a written notice of its intention to use or store chemical and/or hazardous materials on PG&E's real property. City's use of such chemicals and/or materials, as may be approved by PG&E, shall be in accordance with all local, state, and federal laws. PG&E's approval of the City's storage or use of said chemicals or materials shall in no way affect City's indemnity as set forth in paragraphs 17 & 117. 25. Upon termination of this permission, City agrees to restore this area, at its sole risk and expense, to the condition existing prior to City's use, acceptable to PG&E, including, but not limited to, the removal of all debris and materials resulting from City's use of PG&E's property. City shall, at the request of PG&E, provide proof that hazardous materials or chemicals have not been disposed of on PG&E's real property. This proof may include a report of laboratory analysis by a Department of Health Services Certified Hazardous Waste Laboratory of soil samples from said property. Please have this permission signed, in duplicate, on behalf of the City of Morro Bay indicating the City's acceptance of this permission, subject to the terms and conditions, contained herein. You may use the enclosed envelope to return the fully -executed "PG&E Copy", of this permission, along with a copy of the resolution authorizing the City's signatures. Sincerely, llWayne A.A.' Brossard Manager, Morro Bay Power Plant Attachments City of Morro Bay September 4, 1990 Page 6 ACCEPTED: - - CITY OF MORRO BAY BY Date s GAR4c `'♦ 09-1190 T.29S., R.10E., M.D.B.&M. Section 25, SW 1/4 of SW 1/4 SBE No. 135-40-10B, Parcels 2, 3 & 4 SBE No. 135-40-5D, Parcels 1 & 2 SBE No. 135-40-9D, Parcel 1 Ref.: LDI's 2229-10-0362; 2229-10-0056; 2229-10-0037; 2229-10-0072; 2229-10-0153; & 2229-10-0033. Div. File No.: 96204.225 ,„ S � Exa • � RESOLUTION NO. 107-90 APPROVING AN AGREEMENT WITH SAN LUIS ❑BISPO COUNTY CONFIRMING THE CITY'S BENEFICIAL USE OF WATER FROM A COUNTY -OPERATED WELL LOCATED IN THE CHORRO CREEK BASIN T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay anticipates the necessity to augment its municipal water supply because of depleted groundwater conditions caused by prolonged drought; and WHEREAS, since its incorporation the City has owned legal title to a water well in the Chorro Creek Basin referred to as Well M- 1; and WHEREAS, the County operates this well as a back-up to another well in the Charr❑ Creek Basin referred to as Well M-4, which is the primary source of irrigation water for the Morro Bay Golf Course; and WHEREAS, the County operates Well M-4 approximately seventeen hours per day for irrigation of the golf course, leaving approximately seven hours per day of availability For other purposes; and WHEREAS, the City's municipal water system has an existing connection to Wells M-1 and M-4; and WHEREAS, the County of San Luis Obispo has deemed it reasonable and appropriate to provide all Feasible assistance t❑ the City during a bona -fide domestic water supply emergency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as Follows: 1. The agreement between the City of Morro Bay and the County OF San Luis Obispo confirming the City's beneficial use of water from Well M-1, attached hereto as Exhibit A, is here- with approved. 2. The City Administrator is authorized and directed to execute on behalf of the City said agreement and all related documents pertaining thereto. RESOLUTION NO. 107-90, BENEFICIAL USE OF COUNTY WELL Page Two PASSED, APPROVED AND ADOPTED on this loth day of September, 1990, by the following roll call vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: Lemons Z"-Ae - ROSE MARIE SHEETZ, Mayor ATTEST: In -DAMS, City Clerk C1*03OLO0to] ,0,rs�[er=111 RESOLUTION AUTHORIZING THE REMOVAL OF NO -PARKING RESTRICTIONS ON MORRO BAY BOULEVARD AT NAPA AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council did adopt Resolution No. 103-90 authorizing the installation of 4-way stop signs at the above intersection; and WHEREAS, the installation of said stop signs has reduced the requirement for parking restrictions; and WHEREAS, public parking spaces along Morro Bay Boulevard are at a premium; NOW, THEREFORE, BE IT RESOLVED, that standing, stopping, or parking of vehicles is no longer prohibited in the area as shown on Exhibit A; and BE IT FURTHER RESOLVED, that the City Engineer is directed to remove the paint markings to implement this ordinance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of September, 1990, by the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ABSTAIN: None ATTES ARD DAVIS, City Clerk ENGR4:106-90 0 WZ, .01mm" MWA ,O SHEET-2, Mayor r RESOLUTION NO. 105-90 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A STOP SIGN ON ZANZIBAR STREET AT MAIN STREET T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the intersection of Main Street and Zanzibar Street is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety and welfare to install a stop sign at this intersection; and WHEREAS, California Vehicle Code Section 21354 provides for said installation through the designation of a stop intersection, and installation of stop signs at one or more entrances hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the intersection of Main Street and Zanzibar Street is hereby designated as a stop intersection with a stop sign erected on the Zanzibar Street entrance hereto, and that said installation is contingent upon the installation and continued maintenance of a stop sign on the private driveway by the Zanzibar Homeowners' Association, and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the installation of the appropriate sign and markings on Zanzibar Street in accordance with this designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the loth Day of September, 1990, by the following vote: AYES: Baker, Odell, Wuriu, Sheetz NOES: None ABSENT: Lemons ROSE MARIE SHE TZ, Mayo ATTEST: ARDITH DAVIS, City Clerk r W G W / F a � >ic ( PPoFbsQ "s�aP" I`-J ZANZIBAR ST �EL�rE � O.4l�Ert��n/T ZANZIBAR ST at MAIN ST PROPOSED STOP SIGN INSTALLATION 9 RESOLUTION NO. 104-90 RESOLUTION MODIFYING A CONDITION OF APPROVAL FOR CUP 23-89/CDP 32-89R RETAINING ON -STREET PARKING ON BERNARDO AVENUE; PACIFIC STREET TO MORRO BAY BOULEVARD ALLEY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a Condition of Approval for the above -referenced development required the construction of curb, gutter and sidewalk along the property's frontage and the posting of no parking along the Bernardo Avenue frontage; and WHEREAS, the property owner has complied with said Conditions of Approval; and WHEREAS, it has since been determined that on -street parking in accordance with City Standards can be retained; and WHEREAS, it has been determined to be in the interest of public health, safety and welfare to retain said parking. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Condition of Approval Number 10 for CUP 23-89/CDP 32-89R is hereby modified to delete the requirement to establish a no parking zone along the Bernardo Avenue frontage. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27th Day of August, 1990, by the following vote: AYES: Baker, Lemons, Odell, NOES: None ABSENT: None ATTEST: ELANE NOVAK, Deputy City Clerk • RESOLUTION NO. 103-90 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF 4-WAY STOP SIGNS AT THE INTERSECTION OF MORRO BAY BOULEVARD AND NAPA AVENUE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the intersection of Morro Bay Boulevard and Napa Avenue is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety and welfare to install 4-way stop signs at this intersection; and WHEREAS, California Vehicle Code Section 21354 provides for said installation through the designation of a stop intersection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the intersection of Morro Bay Boulevard and Napa Avenue is hereby designated as a stop intersection with stop signs erected on all entrances thereto; and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the installation of appropriate signs and markings in accordance with this designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27th Day of August, 1990, by the following vote: AYES: Baker, NOES: None ABSENT: None Lemons, Odell, Wur ATTEST: ELANE NOVAK, Deputy City Clerk R E S • UT S O N NO _ 1 0 2— 9 6 i A RESOLUTION APPROVING A JOINT POWERS AGREEMENT AUTHORIZING THE FORMATION AND OPERATION OF THE SAN LUIS OBISPO AREA COORDINATING COUNCIL IN FY 1990-91 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, California Government Code Section 29532 provides that a planning and coordinating council shall be designated as the regional transportation planning agency to act on matters of transit and trans- portation planning; and WHEREAS, the incorporated cities and the County of San Luis Obispo have previously found it desirable in 1968, 1976, 1982, and 1984, to create a single agency to deliberate and act upon certain regional plans and programs to address common problems and comply with federal and state requirements in order to receive allocations and disbursements of federal and state funds for the purpose of implement- ing such plans and programs; and WHEREAS, this single agency now known as "The San Luis Obispo Area Coordinating Council" has reviewed the joint powers agreement (JPA) which specifies the purpose, powers, membership, staffing, and financing of the Council, and recommends several minor amendments and clarifications to the JPA; and WHEREAS, Paragraph 6 of Section IV, Membership, of the JPA stipu- lates membership in the Council is contingent upon approval of the JPA and its subsequent annual ratification. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay, California, that the Joint Powers Agreement for the San Luis Obispo Area Coordinating Council, as amended, a copy of which is attached hereto and by reference made a part hereof, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign said Agreement on behalf of the City of Morro Bay, and a copy of this Resolution be forwarded with the signed Agreement to the San Luis Obispo Area Coordinating Council. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13th day of August, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, Mayor ATTEST: �l�(i , /ate. ARDITH DAVIS, City Clerk FY 90-91 JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDLNATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17tn day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions con- tained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sec- tions 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and 1990-1991 JOINT POWERS AGREEMENT PAGE 2 0663-1/111 07-17-90 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transpor- tation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solu- tions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various govern- mental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: 0�1I3 f�M The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. 1990-1991 JOINT POWERS AGREEMENT PAGE 3 0663-1/111 07-17-90 II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.11 California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for member- ship in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to 1990-1991 JOINT POWERS AGREEMENT PAGE 4 0663-1/111 07-17-90 the Area Council shall consist of the five members of the Board of Super- visors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo wnich is a party to this Agreement, with each incorporated area being limited to one represen- tative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member(s) in addi- tion to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to par- ticipate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provi- sions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. \\ 1990-1991 JOINT POWERS AGREEMENT PACE 5 0663-1/111 07-17-90 V . OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the mem- ber agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. it is under- stood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state or fed- eral government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 0 1990-1991 JOINT POWERS AGREEMENT 0663-1/111 PAGE 6 07-17-90 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those func- tions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the trans- portation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such pro- cedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. 1990-1991 JOINT POWERS AGREEMENT PAGE 7 0663-1/111 07-17-90 VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice -President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice -President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until' their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice -President 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. I 1990-1991 JOINT POWERS AGREEMENT 0663-1/111 PAGE 8 07-17-90 S. In the event of a vacancy occurring in the office of either the President or Vice -President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County -Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on . all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. 1990-1991 JOINT POWERS AGREEMENT PAGE 9 0663-1/111 07-17-90 g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor -Controller shall be bonded or self -insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area a;r Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." 1990-1991 JOINT POWERS AGREEMENT PAGE 10 0663-1/111 07-17-90 5. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of dele- gate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. law. 10. Executive sessions shall be held in accordance with applicable 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Execu- tive Director to the Area Council and shall be submitted to member agencies. 1990-1991 JOINT POWERS AGREEMENT PAGE 11 0663-1/111 07-17-90 IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on "ad -Hoc" policy committees shall be at the discre- tion of the President. Nothing herein shall be construed to limit member- ship on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; the Public Works Committee, com- prised of all agency engineering officials appointed by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 4. No committee shall commit the Area Council on any matter or ques- tions of policy. Such matters or questions can only be decided by the Area Council. u 1990-1991 JOINT POWERS AGREEMENT 0663-1/111 PAGE 12 07-17-90 5. A11 committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verif- ication of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any proj- ect for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. r1 u 1990-1991 JOINT POWERS AGREEMENT 0663-1/111 PAGE 13 07-17-90 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member snall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect n U 1990-1991 JOINT POWERS AGREEMENT 0663-1/111 PAGE 14 07-17-90 until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. RD/msl/hg/cl/0663-1/111 7-17-90 1990-1991 JOINT POWERS AGREEMENT PAGE 15 0663-1/111 07-17-90 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Minute Order CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF f 0 B Y By: Date: August 13, 1990 yo , =RIE63HEETZ Resolution No. 102-90 Clerk ARDITH DAVIS CITY OF PASO ROBLES By: Date: Mayor CITY OF PISMO BEACH By: Mayor Date Minute Order Minute Order Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No Clerk JOINT POWERS AGREEMENT PAGE 16 COUNTY OF SAN LUIS OBISPO By: Date: Chairman Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy Cou/ ty sel Dated: (o 13 I QQ RD/ms/hf/cl/0663-1/111 7-20-89 Minute Order R-1-19 1114*03d1100fe ,f,rl X*1421181 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG PORTIONS OF KODIAK AND LUZON STREETS (BRADLEY AND BEVERLY GILTON, OFFERORS) THE CITY COUNCIL City of Morro Bay, California WHEREAS, a Condition of Approval of Conditional Use permit No. 52-89 was the dedication of right-of-way for public street purposes adjacent to Lots 1, 2, 19 and 20, Block 7C, Atascadero Beach Subdivision; and WHEREAS, the owners of said property have caused the preparation of documents necessary to provide for said dedication; and WHEREAS, it is in the interest of public welfare to accept said offer on behalf of the public. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, hereby accepts the offer of dedication by Bradley and Beverly Gilton, owners of Lots 1, 2, 19 and 20, Block 7C, Atascadero Beach Subdivision, attached hereto and incorporated herein; and BE IT FURTHER RESOLVED, the City Administrator be authorized and directed to cause the recordation of appropriate documents to complete this acceptance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of August, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTES//n; /wG2iGOl. ARDITIT DAVIS, City Clerk 1411MIJ11 012 Z"m " 4 L -7 IRACABLE 6 PERPETUAL is OFFER TO DEDICATE 00000 --- THIS OFFER TO DEDICATE, made the , day of 19 y0 by L7 eAliC {',�' 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: I. 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: See Attached Legal Descriptions. 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 - 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. 4�— - — Offeror Gilton offeror BeverA ilton` Offeror Offeror STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO on this day of 19f, before me, the undersigned, a Notary Public in and for said State and County, personally appeared U ed(ev and be ch?-rl(, (71 IIVF--- known to me to be the person(s) whose name(s) La(are) subscribed to the within instrument acknowledged to me that (a)l;e. (they) executes the same. Witness my hand and official seal. OFFICIAL. SEAL S. DANYS WOODS Signature: �� ��L..yn(/1 Notary Public NOTARY PUBL,I • CALIFORNIA SAN LUIS OBISPO COuNTY kty mmm. expires JUN 1. 1994 sign as beneficiaries of a trust deed a y gfollowing hereby a ree t aid trust deed shall be subolrAkTfate to this Offer to Dedicate. Holder of Trust Deed: By: a' Title: Title: - 2 - -LEGAL DESCRIPTION - TO BE DEEDED TO THE CITY OF MORRO BAY - BRAD GILTON Those portions of Lots 1, 2, 19 and 20, Block 7-C, Map of Atascadero Beach according to the map thereof recorded in Map Book 2 at Page 15, (Sheet 12) in the Office of the County Recorder, County of San Luis Obispo, State of California, described as follows: PARCEL 1 (Lots 1 and 2) Beginning at the most westerly corner of said Block 7-C; thence along the northwesterly line thereof North 620 21' 30" East 80.00 feet; thence at right angles South 270 38, 30" East 25.00 feet; thence South 620 21' 30" West 70.00 feet; thence along a tangent curve concave easterly having a radius of 10.00 feet through a cen- tral angle of 900 00, a distance of 15.71 feet to a point on the easterly line of North Main Street; thence along said easterly line North 270 38, 30" West 35.00 feet to the point of beginning. See Exhibit "B" PARCEL 2 Beginning at the most southerly corner of said. ?loci 7-C; thence along the southeasterly line thereof North 620 21' 30" East 80.00 feet; thence at right angles North 270 38, 30" West 25.00 feet; thence South 620 21' 30" West 70.00 feet; thence along a tan- gent curve concave northerly having a radius of 10.00 feet through a central angle of 900 00' a distance of 15.71 feet to a point on the easterly line of North Main Street; thence along said easterly line South 270 38, 30" East 35.00 feet to the point of beginning. See Exhibit "A". ############### 25 30 'w ss. oo 00 lea , 90' ' 9 �y�1 b EXH/B /T "O'l " 41.9Y /9, /990 eVORTfi- MH1,fV STi2��T 9Cg1 e- Y5. 3B ;3o'W 35. o0 RESOLUTION NO. 100-90 RESOLUTION REJECTING ALL BIDS SUBMITTED FOR PROJECT NO. PW89-16; CENTENNIAL PARKWAY RESTROOM FACILITY AND DIRECTING REDESIGN AND READVERTISING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California Public Contract Code governs the public project bidding procedures of the City of Morro Bay; and WHEREAS, Project Number PW89-16; Centennial Parkway Restroom Facility was duly advertised and bid in accordance with said Code; and WHEREAS, all bids received for said project exceed the available project budget; and WHEREAS, Section 21066 of said Code and the project specifications allow for the rejection of any and all bids; and WHEREAS, the City of Morro Bay desires to pursue the project. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that all bids submitted for Project No.PW89-16; Centennial Parkway Restroom Facility are hereby rejected; and BE IT FURTHER RESOLVED, that City Staff be authorized and directed to cause modification and redesign of the project plans and specifications to provide for a project in accordance with the approved concept plan and within available funding and readvertised for bid. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of August, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST• ARDITH DAVIS, City Clerk EVE 'T- FNP EMDARC 690 0 RESOLUTION NO. 99-90 RESOLUTION ACCEPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Government Code Section 53646(A) states: "The treasurer or Chief Fiscal Officer shall annually render to the legislative body of the local agency a statement of investment policy."; and WHEREAS, the California Municipal Treasurers Association provided in 1985 a sample investment policy which complies with State statutes pertaining to local agency investments (Government Code Section 53600 et seq.); and WHEREAS, the City has further restricted the sample investment policy to exclude; commercial paper, corporate bonds, repurchase agreements, reverse repurchase agreements, which historically carry a higher degree of risk than other allowable investments; and WHEREAS, this investment policy has been operational for Morro Bay since 1985. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the attached Statement of Investment Policy is accepted. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof this 13th day of August, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None X7 A. �% A ROSE MARIE SHEETZ, Mayor L�02i2:ci�s ,�� ARDITH DAVIS, City Clerk CITY OF MORRO BAY STATEMENT OF INVESTMENT POLICY PURPOSE This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. OBJECTIVE The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. POLICY City of Morro Bay operates its temporary pooled idle cash investments under the prudent man rule (Civil Code Section 2261, at seq.);. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600 et sea.). The City Treasurer is vested with the authority and responsibility for implementing this investment policy. Investments may be made in the following media:** -Securities of the U.S. Government, or its agencies -U.S. Government Securities Fund -Small Business Administration Loans -Certificates of Deposit (or Time Deposits) placed with commercial banKs and/or savings and loan companies -Negotiable Certificates of Deposit -Bankers Acceptances -Local Agency Investment Fund (State Pool) Demand Deposits -Passbook Savings Account Demand Deposits --------------------- f The prudent man rule states, in essence, that "in investing. „ property for the benefit of another, a trustee shall exercise judgement and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs..." ■# Under State law, the City may also invest in commercial paper, corporation bonds, repurchase agreements and reverse repurchase agreements. The City does not include these investments in its investment policy because these investments carry a higher degree of risk than other allowable investments. Criteria for selecting investments and the order of priority are: I. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City only operates in those investments that are considered very safe. 2. Liquidity. This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally, 3. Yield, Yield is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return, Safekeeping. Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust deoartment of the local agency's bank or other designated third party trust, in local agency's name and control, whenever possible. Inv-estment Ob1ective. The cash management system of City of Morro Bay is designed to accurately monitor and forecast expenditures and revenues, thus insuring the investment of monies to the fullest extent possible. Attempts to obtain highest interest yields possible as long as investments meet the criteria required for safety and liquidity. The City strives to maintain the level of investment of all funds as near 100% as Possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer. The basic premise underlying the City's investment philosophy is, and will continue to be. to insure that money is always safe and available when needed. ------------------ City Treasurer City of Morro Bay i 6 City of Morro Bay Resolution Number 98 - 90 A Resolution of the City Council of Morro Bay, California, USA, Extending Greetings to Visiting Members of the Committee of Youth Organizations of the USSR (KMO) The City Council City of Morro Bay, California %*J&PJA,S, the City Council and the citizens of Morro Bay, the State of California, USA, understand that youth international exchange programs contribute significantly to world understanding and peace; and %WEREA` S, seven members of the Committee of Youth Organizations of the Union of Soviet Socialist Republics (KMO) have been working with the California Conservation Corps, San Luis Obispo Center, during the month of July 1990; and ` AHE7V-As, the City Council of Morro Bay, California. USA, is aware of, and most grateful for, the work the California Conservation Corps members have accomplished in our community since the Corps was established here: and %AhOLPYAS, the City Council wishes to express its appreciation to the California Conservation Corps and the Committee of Youth Organizations of the USSR (KMO) for the important contributions these organizations make to the quality of life for citizens of both our countries and for establishing their international youth exchange program. NP W,TJIE9UF09M, BE ITPTS0L4JED that the City Council of Morro Bay, California, does hereby congratulate the members of the California Conservations Corps. San Luis Obispo Center and the Committee of Youth Organizations of the USSR (KMO) for their dedicated contributions to society and for being involved In this youth exchange program: and, herein extends a special warm welcome and best wishes to the following named members of the Committee of Youth Organizations of the USSR (KMO) who have been working and visiting in our region: Mr. Alexandr Belyakov Mr. Pavel Kraushkln Mr. Nlckolay Sidorov Mr. Valentine Bondarenko Mr. Dmltrl Konobevtsev Mr. Alexandr Romanlchev Mr. Vladimir Smimov PASSED AgM ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of July, 1990 on the following vote: Aq S: Baker, Lemons, Odell. Wuriu, Sheetz NOES: None ABSEkkr None ATPE,ST.• ROSE MMARIE SHE , Mayor XR DAVIS, City Clerk I Ta City of Mom Bay i, JeGicsfr6w the pmervation anCenlwrce oft& quaty of Gfe wh" we affv jpy. 'Hk an wmputrcQw tGir purpose mr6vi6 I I pruoi& a 4vdof mnic parservks cvnA a andrespanam w o pub& wdi" rvsdr. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY THE FORMATION OF THE BAYSHORE BLUFFS MAINTENANCE ASSESSMENT DISTRICT, DIAGRAM BOUNDARIES AND LEVYING AN ABE T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, on July 9, 1990 the City Council, upon written request of all property owners in Bayshore Village did adopt Resolution No. 88-90 declaring the Council's intent to form a landscaping and lighting assessment district to maintain Bayshore Bluffs Park; and WHEREAS, a public hearing to hear all protests as formation of said district was scheduled for July 23, 1990 p.m. in the Veteran's Memorial Building; and WHEREAS, copies of the adopted resolution of Council intent, assessment district diagram and engineers report detailing the proposed assessment and listing the date, time and place of the protest hearing were mailed to one hundred percent (100%) of the property owners in the proposed district; and WHEREAS, the City Council did hear objections of all interested parties as to the formation of the proposed assessment district on July 23, 1990 at the Veteran's Memorial Building; and WHEREAS, no objections from property owners within the proposed district were received by the City Council prior to, or during the public hearing on July 23, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the formation of the Bayshore Bluffs Park Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of $22,695 for the initial year assessment is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the 1990-91 fiscal year and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor by the third Monday in August, 1990. RESOLUTION NO. 97-90 PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of July, 1990 by the following roll call vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker ATTEST: ARDITH DAVIS CITY CLERK f\WWc ilVes97-90 y D \ / EXHIBIT "ram -( I'Tlr mill St.) 10 • ` / APN 66-39 212.65' ?F 75' '1 MAIN _ 0. 3. ?.E ° 4 295- _ /5 , 7 257= P TR. 729 N 88°10'C6"tY 324.85" 65.34' N 2d°33'S4�W c4.85' \\ N29°4.3'23'K' , N 11 °18'36 "E 2 5.50' 1 N 28009'22' W 74. y 80.53' cy v 10 9 NW ?i 81. 74' vp r;p 24.24' m ' J 3 0 N � N 13'19'28W 78 10' PG. 30 /\TR. 729 N 31. PTN. I Boundary of Bayshore I Bluffs Park Maintenance District e 0 pRIvE BAYgHORE >� 4t 641 59 49 y z 69 iO PTN I 72 i/ 5l. y 71 6t �z . �. 56 Q 52S�57 -5a" 53. �'FgnR/h F/ 54 41 TA -p r(N ",A E u• City of Morro Bay Resolution Number 96 - 90 A Resolution of the City Council of The City of Morro Bay Commending Manuel Venancio for His 30 Years of Public Service Upon Retirement From the City of Morro Bay The City Council City of Morro Bay, California 101T SAS, Manuel Silveira Venancio was hired on March 16, 1960 by the County of San Luis Obispo Water District as a Utilities Maintenance Worker; and `H J1T_'k .AS, Manuel Venancio served in this capacity until September 1964 when he became one of the first employees of the newly -Incorporated City of Morro Bay; and WJFERZAS, Manuel Venancio became a Parks Maintenance Worker for the City of Morro Bay In late 1966, commencing a long career of personally nurturing the community's trees, parks and playgrounds; and ry01E , Manuel Venancio became Parks Lead Worker in July 1974 and has provided leadership and proper stewardship of our public parklands while serving in that capacity; and 7N`JI,S, the community recognizes Manuel for his devotion, hard work, and courteous behavior In maintaining City parks, playgrounds and street trees. NPW,TXEPEFOPE, BE iT RESOLVED by the City Council of Morro Bay, that Manuel Venancio be hereby commended for his thirty years of dedicated public service to the Morro Bay community; and BE PrFE19g9PER, RESOLVED by the City Council that due to Manuel's devotion to his Job. exemplary service and commitment to the community that Manuel be given a "Key to the City" to recognize his tenure and value to the city; and, that the City Council hereby extends its best wishes to Manuel and Mary Venancio as they enjoy their richly - deserved retirement years together. PASSED A9�1) ADOPPED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of July, 1990 on the following vote: A"VES: Baker, Lemons. Odell, Wuriu, Sheetz NPESABBE: None A7.None ATPLS7. ROSE MARIE SHEER, Mayor ARDnN DAVIS, City Clerk 11 T& My of %& m i Bay is A cated w t& prurroruion mid nJanrement of t& quofity of Of, wfi" we aft enjoy. 'M ase wrnnettedw tfds purpose and will I provide a &vct of ntunicipatservice consistent and rupottsioe to ourpub& and its nee& RESOLUTION NO. 95-90 RESOLUTION ESTABLISHING A FIRE LANE AND COMMERCIAL LOADING ZONE IN AN AREA ADJACENT TO THE NORTH CITY T-PIER USED FOR ALLEY PURPOSES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, there exists a twenty -foot wide strip of property used for an alley -purpose adjacent to and south of the North City T-Pier; and WHEREAS, the width of this alley does not allow for the passage of emergency vehicles with unrestricted parking conditions; and WHEREAS, those lease sites along the westerly frontage of this alley require use of the alley for commercial loading and unloading purposes; and WHEREAS, Section 22500, 22500.1.and 22519 of the California Vehicle Code provide for the establishment and enforcement of parking restrictions and prohibitions; and WHEREAS, it .has been determined to be in the interest of public health and safety to restrict parking in this area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a fire lane be established along the westerly frontage of City Lease Sites 128, 134, 135, 136 and 137 and that a commercial loading zone be established along the easterly frontage of City Lease Sites 128W, 129W, 130W, 131W, 132W and 133W; and BE IT FURTHER RESOLVED the City Engineer be authorized and directed to cause the placement of appropriate markings and/or signs to reflect this action; and BE IT FURTHER RESOLVED the restrictions imposed herein become effective upon the placement of said markings and/or signs. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of July, 1990, by the following vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker � WE volfflom r��rzA �Lmad 0 �VOW - - wy%o ATTEST: ARDITH DAVIS, City Clerk 1I91HX3 4C # WO 40,00 s�3�," No 40.00' N3L'�SE 70.00 g- O l �w o W o O rn ¢ o <W D o m N O ° c rn u 3 U o `W ol o � S �t N e 0 0 0 ti z .o OD . s I aaoo' � � ~• 7sss �o s n u-° M1 i o D R 00' o O 8 ` 3ROo O r�f.l ._, RESOLUTION NO. 94-90 A RESOLUTION DETER►`►INING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, PAUL DEIS WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, an application for disability retirement of Paul Deis, employed by the Agency in the position of Fire Engineer has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council has delegated to the City Administrator the authority to make determinations under Section 21023(c), Government Code, on behalf of the City of Morro Bay; and BE IT RESOLVED that the City Council hereby accepts the attached Determination of Industrial Disability by its authorized delegate, and includes said determination of Industrial Disability as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd day of July 1990 by the following roll call vote: % AYES: Lemons, Odell, Wuriu, Sheetz / NOES: None ABSENT: Baker Rose Marie Shee z, Mayor Ardith Davis, City Clerk DETERMINATION OF INDUSTRIAL DISABILITY Pursuant to authority delegated to me by Resolution 19-86 of the City Council of the City of Morro Bay (hereinafter referred to as Agency) under Section 21036, Government Code, and after review medical and other evidence relevant thereto, I hereby determine that Paul Deis, a local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated within the meaning of the Public Employees' Retirement law for performance of his duties in the position of Fire Engineer. Pursuant to such authority, I also determine that such incapacity is a result of injury arising out of, and in the course of his employment as a local safety member, and that no third party liability exists in the matter. A petition for determination under Section 21026 whether such disability is the result of injury arising out of, and in the course of his employment by the Agency, in which he was a local safety member, has been filed with the Workers' Compensation Appeals Board. A certified copy 'of such determination will be provided when rendered. I hereby certify that the member was separated from his employment in the position of Fire Engineer 23 July 1990, the day upon which the condition causing his disability became permanent and stationary. After expiration of his leave rights under Section 21025.4, Government Code, effective 23 July 1990, that no dispute as to the expiration of such leave rights is pending. This member has been offered participation in a rehabilitation program, which he has Tejected-/accepted. 19 �ulY 1g90 Date r � 0VA il\ v/. %mow.:,. 'P'11 RESOLUTION 93-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay ❑rdinance Title 8, Chapter 8.12 requires the abatement of weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Morro Bay Municipal Code for the year 1990; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as Follows: 1. That no objections to said report and assessment have been made; 2. That the written report now being submitted to the City Council by City Staff setting forth an ,itemized report of the cost of abatement in front of or on each separate parcel ❑f land where work was done by the Contractor is hereby approved as submitted; 3. Said report shall be Filed in the Office of the City Clerk and said City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before August loth of this year; and Y. The County Auditor shall thereupon enter each assessment on the County Tax Roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the provisions of Government Code Sections 39SB1 through 39S88 inclusive. RESOLUTION NO. 93-90 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 23rd day of July, 1330, by the following roll call vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker ATTEST: �- ARDITH OAVI City Clerk • CITY OF MORRO BAY 1990 WEED ABATEMENT CHARGES $17.60/hr $12/hr $12/cu.yd. Total Cost Assessor's Tractor Hand Cleared- Total plus 30: parcel time time 'disposed cost Admin. Fee number (hrs.) Chrs.) Ccu.yds) ($) ($) 065-031-034 0.7 4 3 96.32 12S.22 06S-OS7-018 1.8 'f 6 151.68 197.18 065-057-031 0.7 4 4 108.32 140.82 065-057-034 0 6 5 132.00 171.60 OBS-OSB-012 1.7 6 7 18S.92 241.70 OBS-OSB-028 0 3 2 60.00 78.00 OBS-084-031 0 6 7 156.00 202.80 065-08S-007 1.8 6 7 187.68 243.98 OBS-OBS-014 1 4 S 12S.60 163.28 065-150-012 0 10 6 192.00 249.60 066-085-019 1 4 S 12S.60 163.28 066-093-013 0 3 2 60.00 78.00' 066-09S-004 0 6 8 168.00 21B.40 066-101-023 O.S 4 4 104.60 136.24 066-112-002 0 7 6 156.00 202.BO 066-125-006 0 2 2 48.00 62.40 066-141-002 0 4 3 84.00 109.20 066-165-016 1.6 6 9 208.16 270.S0 066-222-041 1 4 4 113.60 147.6E OBS-222-068 1 4 4 113.60 147.68 066-2S4-010 1 4 3 101.60 132.08 066-262-018 0 2 2 - 48.00 62.40 066-263-003 1 3 3 89.60 116.48 066-265-02S 1.S 6 5 158.40 20S.92 066-312-011 0 5 3 96.00 124.80 066-312-016 0 6 4 120.00 156.00 066-332-004 1.6 4 6 14B.16 192.60 066-332-010 1 4 6 137.60 178.88 1 to CITY OF MORRO BAY 1990 WEED ABATEMENT CHARGES (Cont'd) $17.60/hr $12/hr $12/cu.yd. Total Cost Assessor's Tractor Hand Cleared- Total plus 30: parcel time time disposed cost Admin. Fee number (hrs.) (hrs.) Ccu.yds) ($) ($) 068-153-019 0 7 4 132.00 171.60 068-154-003 1.6 5 'f 136.16 177.00 068-155-012 1.S `t 4 122.40 159.12 068-192-010 0 4 2 72.00 93.60 068-225-009 0 2 2 48.00 62.'fO 066-231-011 4 8 8 262.40 341.12 068-231-016 3.S 8 7 241.60 314.08 069-240-003 1 3 3 89.60 116.48' 068-241-010 0 2.5 5 90.00 117.00 068-251-013 1.5 4 5 134.40 174.72 068-2S1-014 1.5 4 S 134.40 174.72 068-251-019 1.5 4 5 134.40 174.72 069-253-021 1.3 'f 5 130.88 170.14 068-253-028 0 8 6 168.00 218.40 068-253-041 0 10 7 204.00 26S.20 068-253-047 0 10 6 192.00 249.60 068-254-030 1.5 5 5 146.40 190.32 068-256-034 1 4 S 125.60 163.28 068-2SB-018 1.S 5 4 134.40 174.72 066-258-024 1.4 4 5 132.64 172.44 068-274-003 1.S 8 6 194.40 2S2.72 068-274-023 1.3 4 4 118.88 154.S4 068-322-001 0 3 2 60.00 78.00 068-322-016 ------------ 0 S 4 108.00 140.40 S2 Parcels -------- 6789.20 ------- 8825.94 C, 0 RESOLUTION NO. 92-90 RESOLUTION AWARDING BID NO. 90-190 FOR ONE NEW 2 1/2-TON DUMP TRUCK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay's Adopted Budget for FY 1989/90 included $32,000 for the purchase of one new 2 1/2-ton dump truck for the Department of Public Works/Street Division; and WHEREAS, bids for one new 2 1/2-ton dump truck were solicited pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, three responses were received and were publicly opened at 2:00 p.m., July 9, 1990; and WHEREAS, said bids have been reviewed and Central Valley Truck Center of Fresno, California has been determined to be the lowest responsive and responsible bidder at $31,683.75. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW90-190 for one new 2 1/2-ton dump truck to Central Valley Truck Center of Fresno, California in the amount of $31,683.75. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of July, 1990 by the following vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker ABSTAIN: None �/% ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 91-90 RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION OF LEASE SITES 89/89W FROM RALPH I. AND SHIRLEY J. GUNTHER TO MICHAEL B. AND BETTY JANE GREENBERG 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 89/89W and; WHEREAS, Ralph I. and Shirley J. Gunther are the lessees of said property, and said lease provides that the consent of the City shall be obtained to any assignment/assumption of said lease, and; WHEREAS, Ralph I. and Shirley J. Gunther have entered into an assignment/assumption agreement with Michael B. and Betty Jane Greenberg, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay approves the assignment and assumption of lease site 89/89W from Ralph I. and Shirly J. Gunther to Michael B. and Betty Jane Greenberg subject to the following conditions: a. Receipt and approval of executed assignment/assumption documents by the City Attorney. b. Receipt of all semi-annual rents due as of July 1, 1990. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of July, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK RESOLUTION NO. 90-90 RESOLUTION APPROVING ASSIGNMENT AND ASSUMPTION OF LEASE SITES 87-88/87W-88W FROM RALPH I. AND SHIRLEY J. GUNTHER TO MICHAEL B. AND BETTY JANE GREENBERG 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 87-88/87W-88W and; WHEREAS, Ralph I. and Shirley J. Gunther are the lessees of said property, and said lease provides that the consent of the City shall be obtained to any assignment/assumption of said lease, and; WHEREAS, Ralph I. and Shirley J. Gunther have entered into an assignment/assumption agreement with Michael B. and Betty Jane Greenberg, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay approves the assignment and assumption of lease sites 87- 88/87W-88W from Ralph I. and Shirly J. Gunther to Michael B. and Betty Jane Greenberg subject to the following conditions: a. Receipt and approval of executed assignment/assumption documents by the City Attorney. b. Receipt of all semi-annual rents due as of July 1, 1990. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of July, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None / O E MARIE SHEETZ, MAYOR ARDITH DAVIS, CITY CLERK 0 RESOLUTION NO. 89-90 A RESOLUTION OF SUPPORT FOR AB145(COSTA) AN $874 MILLION BOND ACT ENTITLED THE CALIFORNIA PARK, RECREATION AND WILDLIFE E14HANCEMENT ACT OF 1990 THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, AB145 has been passed by various Assembly and Senate Committee for placement on the November ballot; and WHEREAS, AB145, the California Park, Recreation and Wildlife Enhancement Act of 1990 would provide $874 million for agencies to purchase, develop and rehabilitate parks, recreation facilities, museums and coastal areas; and WHEREAS, $60 million would also be provided by AB145 for Coastal Conservancy funding of local grant programs. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay supports AB145, the California Park, Recreation and Wildlife Enhancement Act of 1990 and urges approval by the legislature, governor and State's voters. BE IT FURTHER RESOLVED by the City Council that any revisions to AB145 made in the legislature should exclude any link between availability of grant funds and the status of a local jurisdiction's housing element despite the City's status of having a state approved housing element. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 9th day of July, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: DITH DAVIS CITY CLERK RESOLUTION NO. 88-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO HAY, CALIFORNIA DECLARING THE COUNCIL'S INTENTION TO FORM A LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARR THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, all property owners in Bayshore Village have consented in writing to formation of a landscaping and lighting assessment district to maintain Bayshore Bluffs Park; and WHEREAS, the Landscaping and Lighting Act of 1972 enables local agencies to form assessment districts based on the provisions of the Act as revised; and WHEREAS, the formation of a Park maintenance assessment district consisting of property owners in Bayshore Village Homeowners Association will meet conditions placed on the approval of permits for Bayshore Village development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the formation of an assessment district to maintain Bayshore Bluffs Park generally located as shown on Exhibit "A" attached hereto and described as all private property owners in Bayshore Village, Tract Map No. 729. BE IT FURTHER RESOLVED by the City Council that the improvements at Bayshore Bluffs Park are specified as maintenance of the Park site in keeping with the maintenance standards of the City as delineated in the Recreation and Parks Director's report to the City Administrator presented to the City Council on July 9, 1990 hereinafter referred to as the engineers report. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $22,695 or $315.21 per assessable parcel in the initial year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of July, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ MAYOR ATTEST• ARDITH DAVIS CITY CLERK `o (F'm1, M111 St. l to-� N 3 _ 212.65' �9a 75' MAIN NI '9'i 7 257.= ` TR. 729 N 88010'C6"'.v 324.65' N 37°18'Sa"µ• 65.34' N 'aG33'54'W —' 04.85' \\ N 28044 23"W ` N 11 °18'36"E 2 550' N 28009'22'W 74. Z a+ 80.53' S v 10 9 N 14°53'1:"W 3 91. 74' apt 24.24' Cp J n 14 13'19'28" W 76 !0' / I PG. 30 m 014 TR. 729 N EXHIBIT '110 APN 66-39 BAYSH0 Boundary of Bayshore Bluffs Park Maintenance District 6d DRIVE E >i �: z 4 64� 63 PTN ! l 7Z 1 71 6!. 1 z S57 IPA �ON OA RESOLUTION NO. 87-90 ESTABLISHING CRITICAL WATER SUPPLY CONDITIONS T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay obtains the entirety of its municipal water supply from groundwater wells in the undeflows 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 is continuing to decline to the point where the pumping capacity of the City's municipal well system may become diminished; and WHEREAS, on June 20, 1390 the Water Advisory Board recommended to the City Council that it would be appropriate to immediately implement a fourth level of mandatory water conservation requirements before the necessity to institute emergency rationing measures; 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 to be "Critical". 2. The City Council hereby institutes and imposes mandatory water conservation measures on all customers of the City of Morro Bay water system as described in Morro Bay Municipal Code Section 13.04.350.D (Ordinance No. 374), "Critical Water Supply Condition". PASSED, APPROVED AND ADOPTED on this 23rdday of July 1990, by the following vote: AYES: Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: Baker 0 E MARIE SHE TZ, Mayo ATTEST ARDITH DAUIS, City C ark 6 R E S O LU T= ON N O_ 8 6— 9 o RESOLUTION COMMENDING THE MORRO BAY HIGH SCHOOL TEAM OF DAVID FELLOWS, NATHAN GRIFFIN AND INSTRUCTOR GARY VILLA FOR THEIR CHAMPIONSHIP WINS AT THE CALIFORNIA AND NATIONAL PLYMOUTH-AAA AUTOMOTIVE TROUBLE SHOOTING CONTESTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a Morro Bay High School team consisting of David Fellows, Nathan Griffin, and Instructor Gary Villa successfully captured the National Championship at the Plymouth -AAA Automotive Trouble -Shooting Contest on 18 June 1990 at the Capitol Mall, Washington, D.C.; and WHEREAS, this Morro Bay Team also won the California Championship on May 17th at the Rose Bowl, Pasadena, and received the highest score in California on the written test held earlier this year; and WHEREAS, this is the fifth year in a row that Morro Bay High School has retained the California Championship, and the second time they have won the National Award since 1986; and WHEREAS, the Morro Bay City Council wishes to congratulate the students and their coach for exceptional dedication and knowledge in the field of automotive trouble -shooting. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby salute and pay tribute to the individual and team efforts of Morro Bay High School students David Fellows, Nathan Griffin, and Instructor Gary Villa, for their expertise and spirit in sweeping the 1990 California and National Championship titles of the Plymouth -AAA Trouble Shooting Contest; andj for affording Morro Bay the distinction of having an automotive team that is the best in the State and our Nation! PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of July, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None / AR6SE IE SHE TZ, Mayo ATTEST: ARDITH DAVIS, City Clerk • RESOLUTION NO. 84-90 • RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR STREET PURPOSES ALONG LOT 1, BLOCK 5B, ATASCADERO BEACH SUBDIVISION (3310 MAIN STREET) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a Condition of Approval of Conditional Use Permit No. 49-89 was the construction of curb, gutter, ten -foot sidewalk and wheelchair ramp along the Main Street frontage; and WHEREAS, in order to place the entirety of these improvements within a public right-of-way an Offer of Dedication was necessary; and WHEREAS, the property owner has consented to said Offer of Dedication. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby accepts the Offer of Dedication by Patricia Groves, owner of Lot 1, Block 5B, Atascadero Beach Subdivision (3310 Main Street), attached hereto and incorporated herein; and BE IT FURTHER RESOLVED the City Administrator be authorized and directed to cause the recordation of appropriate documents to complete this acceptance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th Day of July, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None e- ROSE MARIE SHEET , Mayor ATTEST: � TRDITH DAVIS, City Clerk Ne �rf MA IAI 5T. off' e u rb wheelchair ramp Curb, AIV OEDiC4-rloN M41AJ �-/O�Tl 3310 Main C�,E z back a-� 5�clewalk 5fAFF 9FPDTZT IRREOABLE 6 PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the day of June 1990 by Patricia M. Groves 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: I. 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: Commencing from the southwesterly corner of Lot 1 in Block 58 of the Atascadero Beach Subdivision as recorded July 2,1917 in Book 2 of Maps, Page 15 at the San Luis Obispo County Recorders Office; Thence, N 43044'30" W, 60 feet along the westerly line of said Block 5B; thence, N 46°15'30" E, 9 feet along the southerly right-of-way line of Tahiti Street (7th Street); thence, S O1°15'30" W, 9.90 feet; thence, S 43044'30" E, 53 feet; thence, S 46°15'30" W, 2 feet to the point of beginning. 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. =! 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. S. 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 kY4:V 4��)7IH:MlYU:PJ1:\ COUNTY OF SAN LUIS OBISPO Offeror Offeror ma OATER+'w,f,'� �BLIC+�/`��O COUNIAMY Comne 29, 1991 On this 20th day of June , 19-2-a, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Patricia M. Groves, who proved daa� ac ory •evidence /a,i:d to me on the basis ,h k to be the person() whose name(6) is(a(LQ subscribed to the within instrument acknowledged to me that (s)he lWehf ex/eeccCuutteeJs the same. Witness my hand and official I,seal j Signature:L�.,IGIii✓�• S"YNotary Public SUSAN L. PORTER The following sign as beneficiaries of a trust deed hereby agr:ta t said trust deed shall be s nate to this Offer to Date. Holder of Deed: By: Title:_ Title: - 2 - N � Tah,t; 5t. (79 ! fL) Al 46°/5'30"E '15'30"W ) 9.110' L o-e 1 '>lock 5P> tins. Deach 5v66. A PEA J OEDICATioN EX"llnlr A"