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Resolution 01-91 to 75-91
RESOLUTIONS 1991 is RES.NO. TITLE ADOPTED 01-91 RESOLUTION CONSTITUTING A STREETS & TREES COMMITTEE 01-14-91 02-91 RESOLUTION RE -CONSTITUTING THE COMMUNITY PROMOTIONS 01-14-91 COMMITTEE 03-91 RESOLUTION FORMING STORM DRAIN MAINTENANCE DISTRICT NO. 1 FOR TRACT MAP NO. 1231 (IRONWOOD COURT) 01-14-91 04-91 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PUBLIC RIGHT OF WAY AS MADE ON PARCEL MAP MBAL 89-119 - ZANZIBAR 01-14-91 05-91 RESOLUTION URGING THE SLO COUNTY BOARD OF SUPERVISORS TO INITIATE DISCUSSIONS WITH MONTEREY COUNTY & NACIMIENTO WATER OFFICIALS REGARDING NACIMIENTO RESERVOIR AS A SUPPLEMENTAL WATER SOURCE 01-14-91 06-91 RESOLTUION URGING ENACTMENT OF LEGISLATION (AB 7 - FLOYD) TO REQUIRE MOTORCYCLISTS TO WEAR HELMENTS IN CALIFORNIA 01-14-91 07-91 RESOLUTION ESTABLISHING 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 01-14-91 08-91 RESOLTUION APPROVING 1990 ANNUAL WATER REPORT, ADOPTING A WATER ALLOCATION PROGRAM FOR 1991, & SETTING ASSOCIATED WATER POLICIES AND INTENTIONS 01-28-91 09-91 RESOLUTION APPROVING INTERIM LEASE FOR LS0113W WITH SHARON MOORE, DBA VIRG'S FISH'N 01-28-91 10-91 RESOLUTION ADOPTING REVISED CONFLICT OF INTEREST CODE & SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH 01-28-91 11-91 RESOLUTION ADOPTING AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL PROGRAM LAND USE PLAN TEXT & MAPS AS THEY APPLY TO PROPERTY IN THE VICINITY OF THE POINT MOTEL 01-28-91 12-91 RESOLUTION ACCEPTING SETTLEMENT OF WORKERS' COMPENSA- TION CLAIM IN DEIS V. CITY OF MORRO BAY 01-28-91 13-91 RESOLUTION DECLARING EMERGENCY WATER SUPPLY CONDITION 02-11-91 14-91 RESOLTUION ESTABLISHING CITY POLICIES & PROCEDURES CONCERNING CHILDCARE SERVICES IN MORRO BAY 02-11-91 15-91 RESOLUTION AUTHORIZING & DIRECTING THE INSTALLATION OF A STOP SIGN ON PECHO ST. AT KINGS AVE. 02-11-91 16-91 RESOLTUION APPROVING SUBLEASE FOR PORTION OF LS#91-92W (ANDERSON) TO KAY CONFER, DBA CLOTHES & CO. 02-11-91 RESOLUTIONS 1991 RES.NO. TITLE ADOPTED 17-91 RESOLUTION ANNOUNCING FINDINGS & ADOPTING AMENDMENTS TO GENERAL PLAN LAND USE PLAN ELEMENT TEXT & LOCAL COASTAL PROGRAM LAND USE PLAN 02-11-91 18-91 VOID 19-91 RESOLUTION AUTHORIZING PROVISION OF PARAMEDIC EMERGENCY MEDICAL SERVICES BY TRAINED PERSONNEL 02-11-91 20-91 RESOLUTION APPROVING 30-YEAR LEASE FOR LS#53-56W WITH ANTONE SYLVESTER TUG SERVICE 02-25-91 21-91 RESOLUTION APPROVING 20-YEAR EXTENSION OF LS#82-85W WITH DOUGLAS REDICAN, PAUL SANFORD & JOHN KING, DBA ROSE'S LANDING, INC. 02-25-91 22-91 RESOLUTION APPROVING EXTENSION OF LEASE WITH CALIF. DEPT. OF FISH & GAME FOR 2 BERTHING SPACES AT THE NORTH T-PIER 02-25-91 23-91 RESOLUTION ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES 02-25-91 24-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING A 1-YEAR EXTENSION TO A TENTATIVE TRACT MAP & COASTAL DEVELOP- MENT PERMIT TO ALLOW RE -SUBDIVISION OF A 1.7 ACRE AREA INTO SIX RESIDENTIAL LOTS 03-11-91 25-91 RESOLUTION PROHIBITING ON -STREET PARKING ON A PORTION OF WEST AVENUE 03-11-91 26-91 RESOLUTION SUPPORTING SB 169 (BOATWRIGHT) AS THE ALTER- NATIVE TO SB 2557 COUNTY FEES, & PETITIONING THE COUNTY BOARD OF SUPERVISORS TO ENDORSE SB 169 03-11-91 27-91 VOID 28-91 RESOLUTION CLARIFYING DECLARATION OF EMERGENCY WATER SUPPLY CONDITION MADE VIA ADOPTION OF RES.13-91 03-25-91 29-91 VOID 30-91 RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS FOR PW PROJECTS 03-25-91 31-91 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD & AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT 03-25-91 32-91 RESOLUTION REVISING THE NUMBER OF MEMBERS AND COMPOSI- TION OF THE COMMUNITY PROMOTIONS COMMITTEE 03-25-91 RESOLUTIONS sk 1991 RES.NO. TITLE ADOPTED 33-91 RESOLUTION SUPPORTING STATE ELIMINATION OF SPECIAL INTEREST SALES & USE TAX EXEMPTIONS VIA SB 1X, 2X, & 5X 03-25-91 34-91 RESOLUTION COMMENDING PASTER JAMES KENNEMUR FOR HIS SERVICE TO THE CITY 03-25-91 35-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING A 1-YEAR EXTENSION TO TTM 1231 & CDP FOR 13 LOT SUBDIVISION - LOPERENA 03-25-91 36-91 RESOLUTION APPROVING 20-YEAR EXTENSION OF LS50/50W WITH REG WHIBLEY & ED STRASSER, DBA ASSOCIATED PACIFIC CONSTRUCTORS, INC., & EXTENDING THE TERMINATION OF RESIDENTIAL TO 7-1-91 03-25-91 37-91 RESOLUTION ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AS A POLICY OF THE CITY ON FEDERAL AID PROJECTS O4-08-91 38-91 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG JAVA & KODIAK STREETS ADJACENT TO MAIN ST. AS MADE ON PARCEL MAP MBAL 90-314 04-22-91* 39-91 RESOLTUION AMENDING 1990/91 MASTER FEE SCHEDULE TO INCLUDE A FEE FOR INSPECTION OF MANDATORY RETRO,T OF STRUCTURES UPON TRANSFER OR SALE 4A-M"000 5-0 �+ l3'4 04-08491 40-91 RESOLUTION ESTABLISHING USE RATES & RELATED FEES & DEPOSITS FOR WATER SERVICES O4-22-91 41-91 RESOLTUION ACCEPTING PROPOSAL FROM AQUA DESIGN, INC. FOR INSTALLATION, OPERATION & MAINTENANCE OF A TEMPORARY EMERGENCY POTABLE WATER SUPPLY FACILITY (DESAL) 04-22-91 42-91 RESOLTION AWARDING BID NO. PW 91-105 FOR HEAVY-DUTY 3/4-TON TRUCK WITH UTILITY BODY 04-22-91 43-91 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING APPEAL & APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL FOR A CUP & CDP TO ALLOW AN EXPANSION TO AN EXISTING ELEMENTARY SCHOOL (DEL MAR) 05-13-91 44-91 RESOLUTION REVISING THE LEVEL 5 EMERGENCY WATER RATIONING PROGRAM 05-13-91 45-91 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LS#71-72 TO MICHAEL LORENZO, DBA CAPTAIN MAD DOGS, & AMENDMENT TO LEASE ADDING "NON -PERMANENT HOT DOG STAND" AS AN APPROVED USE 05-13-91 RESOLUTIONS 1991 TITLE ADOPTED 46-91 RESOLUTION SUPPORTING ENACTMENT OF AB750 AMENDING THE CALIFORNIA BEVERAGE CONTAINER RECYCLING & LITTER REDUCTION ACT OF 1986 BY ADDING WINE, LIQUOR & NON- CARBONATED WATER CONTAINERS 05-13-91 47-91 RESOLUTION SUPPORTING ENACTMENT OF AB1423 & SB235 RELATING TO MINIMUM RECYCLED CONTENT REQUIREMENTS FOR VARIOUS TYPES OF CONTAINERS 05-13-91 48-91 RESOLUTION ESTABLISHING NEAR & LONG-TERM POLICIES & PRIORITIES OF THE CITY FOR PERMANENT SUPPLEMENTAL WATER SUPPLY PROJECTS 05-13-91 49-91 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING APPEAL & APPROVING VARIANCE TO ALLOW REDUCTION OF SIDEYARD SET- BACK FOR CONSTRUCTION OF AN ATTACHED CARPORT 05-13-91 50-91 RESOLUTION TO AWARD BID NO. PW90-09 FOR WEED ABATEMENT SERVICES TO MORRO CREEK NURSERY & LANDSCAPE CO. 05-13-91 51-91 RESOLUTION APPROVING INTERIM LICENSE AGREEMENT FOR A PORTION OF LS27W WITH ATC REALTY FOURTEEN, INC., DBA INN AT MORRO BAY 05-13-91 52-91 RESOLUTION OF INTENTION TO APPROVE AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMIN. OF PERS & MB 05-13-91 53-91 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG PINEY WAY ADJACENT TO SOUTH ST. AS MADE ON PARCEL MAP MB 89-454 05-28-91 54-91 RESOLUTION RELATING TO CLASSIFICATION, COMPENSATION, & TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES 05-28-91 55-91 RESOLUTION RE -APPOINTING GARY A. NAPPER AS CITY ADMINISTRATOR 05-28-91 56-91 RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION RE: TRANSIENT OCCUPANCY TAX RAISE TO 9% 05-28-91 57-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING CUP FOR CONCEPT PLAN PHASED EXPANSION, BOARDWALK, ADDITION OF GIFT SHOPS, REDUCTION & REMODEL OF FISH PROCESSING & FISH MARKET,REMODEL OF RESTAURANT & ADDITION OF PUBLIC OBSERVATION DECK: LS 78-79W, 80-81W; VAN BEURDEN 05-28-91 58-91 RESOLUTION ESTABLISHING MORRO BAY'S PARTICIPATION IN & SUPPORT OF THE COALITION FOR COOPERATIVE GOVERNMENT IN SAN LUIS OBISPO COUNTY 05-28-91 59-91 RESOLUTION AUTHORIZING AGREEMENT FOR ASSIGNMENT OF COMBINED ROAD PLAN (CRP) APPORTIONMENT TO ALAMEDA COUNTY TRANSPORTATION AUTHORITY 06-10-91 RESOLUTIONS 1991 RES.NO. TITLE 60-91 RESOLUTION AWARDING BID NO. PW 91-151 FOR 2 TRAILER - MOUNTED PROTABLE GENERATORS/SEWAGE COLLECTION SYSTEM 06-10-91 61-91 RESOLUTION RE: PREPARATION & SUBMITTAL OF SOURCE REDUCTION & RECYCLING ELEMENT, HOUSEHOLD HAZARDOUS WASTE ELEMENT, & RELATED ENV. IMPACT DOCUMENTATION RE: CA INTEGRATED SOLID WASTE MANAGEMENT ACT OF 1989 06-10-91 62-91 RESOLUTION ESTABLISHING BUSINESS LICENSE RATE SCHEDULE FOR FY 1991-92 06-10-01 63-91 RESOLUTION APPROVING PAUP #537 FOR 1991 HARBOR FESTIVAL 06-10-91 64-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING AMENDMENTS TO LCP LUP POLICIES, & LUP MAP IN ORDER TO COMPLY WITH MEASURE A, A CITIZENS INITIATIVE 06-10-91 65-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING AMENDMENTS TO THE GENERAL PLAN LUP POLICIES, & LUP MAP IN ORDER TO COMPLY WITH MEASURE H, A CITIZENS INITIATIVE 06-10-91 66-91 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LS#71-72 TO FREETIME DISTRIB., INC. & AMENDMENT TO LEASE ADDING "NON -PERMANENT BICYCLE RENTAL" AS APPROVAL USE 06-10-91 67-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING SPECIAL BLDG. ALLOCATION IN ACCORDANCE WITH ORD.#393 06-10-91 68-91 RESOLUTION ADOPTING BUDGET & MAKING APPROPRIATIONS FOR FY 1991-92 06-24-91 69-91 RESOLUTION ADOPTING 1991-92 MASTER FEE SCHEDULE 06-24-91 70-91 RESOLUTION ADOPTING 1991-92 AGREEMENT FOR ANIMAL CONTROL SERVICES WITH COUNTY OF SLO 06-24-91 71-91 RESOLUTION APPROVING AGREEMENT TO PURCHASE TAX - DEFAULTED LAND ASSESSOR'S PARCEL NO. 65-113-066; 190/198 MINDORO STREET 06-24-91 72-91 RESOLUTION COMMENDING BERNARD ZERR FOR HIS SERVICE TO THE CITY 06-24-91 73-91 RESOLUTION EXTENDING DEADLINES FOR DEMOLITON OF EXISTING BUILDINGS ON LS#51/51W & EXTENSION OF DEADLINES FOR CESSATION OF RESIDENTIAL USES ON LS#50-51W 06-24-91 74-91 RESOLUTION APPROVING 50 YEAR LEASE FOR LS#71-74W & LS#75-77W, EXT. 17N WITH MORRO BAY MARINA 06-24-91 75-91 RESOLUTION ORDERING PLACE ON THE BALLOT OF THE 05 NOVEMBER 1991 SPECIAL MUNICIPAL ELECTION AN ADVISORY MEASURE RE: PARTICIPATION IN COASTAL BRANCH OF THE CA AQUEDUCT PROJECT & CONSTRUCTION OF LOCAL FACILITIES 06-24-91 9 RE S O LUT = ON NO _ 7 5— 9 1 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE 05 NOVEMBER 1991 SPECIAL MUNICIPAL ELECTION AN ADVISORY MEASURE TO DETERMINE MORRO BAY ELECTOR INTEREST IN PARTICIPATING IN THE COASTAL BRANCH OF THE CALIFORNIA AQUEDUCT PROJECT AND CONSTRUCTION OF LOCAL FACILITIES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, by Resolution No. 56-91, call a special municipal election and requested the County Board of Supervisors to approve consolidation of the election with the consolidated districts election to be held on the same day; and WHEREAS, the Morro Bay City Council has determined it expe- dient an advisory measure be placed on the ballot to determine Morro Bay voter interest in the Coastal Branch of the California Aqueduct Project and construction of local facilities. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council, pursuant to its authority in accor- dance with Elections Code §5353, does hereby determine there shall be and is hereby ordered submitted to the qualified elec- tors of the City of Morro Bay at said special municipal election the following advisory question: ADVISORY VOTE ONLY Should the City Council of Morro Bay be authorized and directed to participate in and issue revenue bonds or sell certificates of participation or both to provide funds to finance a minimum of 1,313 acre feet of water per year for the City from the Coastal Branch of the California Aqueduct Project, and to construct related local facilities? YES NO 2. The City Clerk is hereby directed to forward a copy of this Resolution to the County Clerk for inclusion in the ballot for the 05 November 1991 special municipal election. Resolution No. 57-91 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 24th day of June, 1991 on the following vote: AYES: Luna, Mullen, Sheetz NOES: Baker, Wuriu ABSENT: None AROSE MARIE STIEETZ, May ATTEST: ARDITH DAVIS, City Clerk c RESOLUTION NO. 74-91 APPROVAL OF 50 YEAR LEASE FOR LEASE SITE 71-74/71W-74W AND FOR LEASE SITE 75-77/75W-77W, EXT. 17N WITH MORRO BAY MARINA, A GENERAL PARTNERSHIP 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 71-74/71W-74W and Lease Sites 75-77/75W-77W, Ext. 17n; and WHEREAS, Morro Bay Marina Inc. is the lessee of said properties; and WHEREAS, Morro Bay Marina, a general partnership is has received Planning Commission approval, Conditional Use Permit 39-86, for a redevelopment project on the above Lease Sites which will represent a substantial investment by the tenant and provide for improvement of tideland property; and WHEREAS, lessee has committed to investing in excess of 3 million dollars in improvements to the Lease Site; and WHEREAS, in consideration of lessee's proposed investment, agreement to terminate the previous leases and proposed improvements to tidelands properties, the City does hereby find that in this case a 50 year lease term is merited; and WHEREAS, City and Morro Bay Marina, a general partnership, have entered into new 50 year term lease agreements for a Lease Site 71-74/71W-74W and Lease Site 75-77/75W-77W, Ext. 17N. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby authorize the Mayor to execute a 50 year term lease for Lease Site 71-74/71W-74W and does hereby authorize the Mayor to execute a 50 year term lease for Lease Site 75-77/75W-77W, Ext. 17N, subject to review and approval by the City Attorney of all required documentation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of June, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None x //� ABSENT: None /ROSE MARIE SHEET3.j MAYOR i ARDITH DAVIS, CITY CLERK ATTACIMENT "A" a report to • • • May 22, 1990 THE BOARD Of PORT subject: DISTRICT MINIMUM INVESTMENT COEFFICIENTS OF 4 Sq, <, o kmll 'Yl; ,, O o a _ %. o COMMISSIONERS C. Z lotU�L V CFO • .. In agenda reports pertaining to long-term lease requests, these is generally a statement that the length of a proposed lease is consistent with the District's applicable Minimum Investment Coefficient (MIC). In this week's agenda there are two items in which the proper application of the MIC plays a key role in staff's recommendation. It has been several years since the Board has received a full report on the application of the MIC in establishing the length of leases granted by the Board. BPC Policy No. 350, Paragraph 3, provides that "The terms of leases shall be limited to the shortest reasonable time commensurate with the amount of capital investment being made in permanent improvements, the use of the property, and the amount of area of the property". The purpose of the Board policy is to ensure that lease terms are kept as short as reasonably possible to` - afford the Board flexibility in establishing future land uses. However, a tenant must have sufficient time to amortize its investment. Ensuring that there is a reasonable relationship between investment and lease term also prevents one tenant from enjoying a competitive advantage or favorable treatment over another tenant for a lease of the same or similar use. With these important policy matters in mind, the District developed a method of measurement to relate lease term to tenant investment. The result is the District's MIC. The MIC is the Board's approved methodology that balances the tenants' need to have lease term sufficient to amortize investments and the District's need for improvement upgrading and short lease terms. Attached are three tables. Table II summarizes minimum investment commitments made by District tenants (as well as tenants in other southern California harbors) in their leases and the lengths of leases granted to these tenants. Table II covers District leases as far back as 1967. Investment can take the form of purchase of District -owned improvements, cost of remodeling and refurbishing existing improvements, and the cost of new improvements. Personal property does not qualify as an investment toward measuring lease term. The data on Table II must be adjusted periodically for changes in'construction costs so that past investment requirements can be directly related to present day construction costs. The committed investment is adjusted by an index prepared by Marshall valuation Board of Port Commissioners 2 May 22, 1989 Service for the western United States. This adjustment is shown under the Time Adjustment column in Table II. The last column, the Adjusted Investment Coefficient, is the measure of investment per acre per year for each tenant after adjusting for construction cost increases. Both Tables I and II show different use categories. This is necessary because capital recapture requirements vary for different types of use. Table I shows the MIC and Maximum Lease Term developed from the data in Table II. On Table II, the areas used in determining the Adjusted Minimum Coefficients include sufficient area for customer and employee parking. In a few cases, the District's tenant does not have on -site parking but uses space in nearby District -owned public parking lots. In those cases, it was necessary to estimate the area in the public lot used by the tenant and add that to the area eider lease before calculating the Adjusted Minimum Coefficient. Since the MICs are based on adequate on -site parking lease terms calculated by the MIC must include actual or imputed parking To do otherwise would allow tenants without on -site parking to obtain longer lease terms for the same investment as tenants who do have on -site parking providing an inequity to the tenant leasing and maintaining the larger parcel. _ The maximum lease term on Table I represents the time period `..n which a knowledgeable and prudent investor can recoup its nvestment. For example, restaurants appear to have a maximum economic life of 40 years. The granting of a lease term beyond 40 years would extend the lease term beyond the economic life of the improvements. This would preserve an uneconomic facility beyond its time for redevelopment. The length of a proposed lease is calculated by applying the following formula: =I Y MIC x ACS Where, Y = Length of new lease term I = Minimum investment committed by tenant MIC = Minimum Investment Coefficient ACS = Area expressed in acres Board of Port Commissioners 3 May 22, 1989 The MIC represents a dollar amount of investment per acre ear. It is an economically justified parameter that can be us in lease analysis. The MIC is a constant, while length of new lease term (up to the recommended maximum lease term) and area expressed in acres are variables. Discussed below are two hypothetical examples of how the MIC is applied during lease negotiations. For example, Lessee "All proposes to invest $2.5 million on a two -acre site to develop a restaurant. From Table I, under the restaurant use, the MIC is $42,000 and the maximum lease term is 40 years. Using this information, the projected lease term would be 30 years. The term was calculated by using the above formula as follows: Y = $2,500,000 = $2,500,000 $42,000 x 2 acres $84,000 = 30 years A second example is where Lessee "B" proposes to invest $4.0 million in a restaurant development on a two -acre site. From _ Table I, under the restaurant use, the MIC is $42,000 and the maximum lease term is 40 years. Using this information, the projected lease term would be 40 years. The term was calculated by using the above formula as follows: Y = $4,000,000 = $4,000,000 $42,00D x 2 acres $84,000 - 48 years or maximum of 40 years* * The tenant would be granted a 40-year term lease and not 48 years because the Maximum Term in Table 1 for a restaurant is 40 years. The word "minimum" is used in reference to the coefficient because it represents the minimum commitment by the prospective tenant. In most cases, by the time construction has been completed, the actual construction cost will exceed the minimum commitment by a substantial amount. On attached Table III are the investment amounts required in recent leases based on the MIC and the actual investment made by the tenants. When an existing tenant applies for a lease term extension in consideration for a capital investment in improvements, the extension is calculated from approximately the date the investment is to be made rather than adding it on to the end of the lease term. This precludes the tenant with a relatively long remaining lease term from continually extending the long-term lease by relatively small capital outlays on a year-to-year basis. Without •' 0 Board of Port Commissioners 4 May 22, 1989 this, a tenant with a long-term lease, e.g. 20 to 50 years, would be able to continually maintain a de facto perpetuity by the expenditure of relatively small sums for capital improvements each year which do not necessarily extend the economic life of the development. This de facto perpetuity eliminates the opportunity of future Boards to make land use decisions and tends to perpetuate older, outmoded and nonfunctional improvements. SUMMARY The MIC has many advantages. It ensures that District tenants are treated equally in establishing the length of a District lease. The MIC also ensures that land and water are used efficiently. To obtain maximum lease term, the prospective tenant will request only the land and water area actually required for lease development. This is especially important in a percentage rent lease where the rent is related to the gross income and not directly related to the size of the property occupied by the tenant. The MIC, therefore, assists the District in maximizing various leasehold developments - — without sacrificing its scarce land and water resources. From time to time tenants have petitioned the Board to exempt them from the requirements of the MIC. For over 20 years the Board has denied any such special treatment and, as a consequence; has ensured that tidelands are not only continually upgraded but used efficiently. As a consequence, staff recommends that the Board continue to follow its practice of basing all negotiations for lease term on the MIC and not extraneous factors. DONALD E. HILLMAN, JR. Assistant Port Director Operations DEH/pw Attachments ICI H x Q In HN ro v In 1n u, o 0 0 0 >+ Ln In u) m a c N •H G x 'H 1d i� ro v 1� C C N U •H N N O O C7 O 0 O O 0 ✓= U O O O O O O C] O p O O O 4-1 -H Cn H mw C w v S-4 CD r o r H > N U w C O M H U Ya N Is I Ln o 0 0 0 0 o ui Ln H N N In m 1n C N N 1 O O O O O O O O O O O O O O O O O O 1 o O O O O O O O o t o r o m v 0 1n H i-1 rol H H N N m cp lI7 ll'1 1p r N m O H H N In In Ul U).v v r4 s H O O sr a� O In v ul H 'H H H o 0 H >~ � N ul I > 0 U) n r-I H r N v N +1 4� 4� O x 0 x a) v v U1 UI •H 14 N a a v a U o rn w a° x o O1 C x r~ ro m 41 o m C 3 A •� ,ry a � H N U r ro H 3 -- la v p ui In 4-4 c 01 c ro H r- 0 3 O H •H rn c ro °a a cn ro w 7 C 0 r"I O U U bl •rt •.I U1 C U > =J H H H ro w 0 vvi N U1 -H )( m a w a) 41 4..1 •ri 14 41 •.CI Ul H 0 (a Sa Ix X w mo x N v ro 3 _ fa rn v c ,J •H ro v 's . H rn U C rn G •H v o ro H H H 41 ro ro 1d H H a 4 V1 ro - 4J yJ ul Ln Ul Ul En CT �:f 7 C ' °Hro ° .� H b C m > a b H LI H C N ro m N N H 'U (U4J a N •A a U N .i `.7 fk GQ U) E L RESOLUTION NO.73-91 EXTENSION OF DEADLINES FOR DEMOLITION OF THE EXISTING BUILDING ON LEASE SITE 51/51W AND EXTENSION OF DEADLINES FOR CESSATION OF RESIDENTIAL USES ON LEASE SITES 50/50W AND 51/51W 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 50/50W and 51/51W; and WHEREAS, Associated Pacific Constructors, Inc. is the lessee of said properties; and WHEREAS, the lease for Lease Site 51/51W requires that the existing building be demolished by July 1, 1991; and WHEREAS, the leases for Lease Site 50/50W and 51/51W provide that residential use be terminated as of April 1, 1991 on said leases; and WHEREAS, lessee for Lease Site 50/50W and Lease Site 51/51W is in the process of applying for the necessary permits to construct a motel on said properties and negotiate a new lease for said properties; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the extension of the deadline for cessation of residential use on Lease Site 50/50W and Lease Site 51/51W until October 1, 1991; BE IT FURTHER RESOLVED that the deadline for demolition or conversion of the building on Lease Sites 51/51W be extended until October 1, 1991 to allow lessee sufficient time to proceed with the necessary permits and to allow tenant and City sufficient time for lease negotiations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of June, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHE Z, MAYOR ARDITH DAVIS, CITY CLERK City of Morro Bay R,esofution Number 72 - 91 A Resolution Commending Bernard Zerr for His Service to the City The City Council City of Morro Bay, California IWER,EAS, Bernard Zerr has provided 14 years of excellent leadership to the Morro Bay Fire Service as Fire Chief; and gWER.EAS, his leadership has provided an enhanced quality of public service to the Community through an exceptional Emergency Operations Plan and environmental awareness through the County's first Household Hazardous Materials Clean -Up Day; and TVJfE'REAS, Chief Zerr's commitment to professional development brought pre -hospital advanced life support services to the County with Morro Bay being the first EMT II program in the County, an upgraded Paramedic program, and development of comprehensive fire training program and Fire Master Plan; and `WtXER,EAS, all these achievements along with others have contributed greatly to the value of the quality of life in Morro Bay through Chief Zerr's "Rock Solid Commitment." NOW, 711ERE'FORE, BE IT RESOL7,TD that the City Council of the City of Morro Bay wishes to express sincere appreciation and warmest regards to Bernard Zerr on completion of fourteen dedicated years of service with this City, and wishes he and his family the best of retirement years In return for his years of leadership and loyalty in protecting and preserving the lives and property of the people of Morro Bay. PASSED AND ADOP2TD by the City Council of the City of Morro Bay at the regular meeting held on the 24th day of June, 1991 by the following vote: A'gT-5: Baker, Luna, Muffett, Ri=, Sheetz NOES: None ABSTNT pone ATITSr. R E MARIE SHEETZ, Mayor ARDITH DAVIS, City Clerk 76e City of Mom Boy v dedcated to the prrsemutim and enha wnt of the qu4ty of fsfe w5rc4 we asenjoy. `Nk = committed to this purpose auf wiff 11 provide a kwfof mwdcipdsemire consistent andre pomdm w ourpu6fic andits nods. 6 6 ORIGINAL LEASE FOR SITE 71-74/71W-74W i TABLE OF CONTENTS LEASE SITES 71-74/71W-74W Article I FIXED TERM...............................................2 Section 1.01 Term............................................2 Section 1.02 No Extensions...................................2 Section 1.03 Hold Over.......................................2 Article 2 RENT.....................................................2 Section 2.01 Minimum Rent....................................2 Section 2.02 Annual CPI Adjustment to Minimum Rent ........... 3 Section 2.03 Five Year Calculation for New Minimum Rent ...... 3 Section 2.04 Percentage Rental...............................4 Section 2.05 Security Deposit................................6 Section 2.06 Penalty and Interest ............................7 Article 3 USE OF PREMISES..........................................7 Section 3.01 Permitted Use...................................7 Section 3.02 Unauthorized Use................................8 Section 3.03 Operation of Business - flours of Operation ...... 8 Section 3.04 Competition.....................................9 Section 3.05 Tidelands Trust.................................9 Section 3.06 Compliance with Law......... Section 3.07 Waste or Nuisance...............................9 Article 4 CONSTRUCTION, ALTERATION AND REPAIRS .................... 10 Section 4.01 Construction Approval .......................... 10 Section 4.02 Construction Bond 10 Section 4.03 Mechanics' Liens 11 Section 4.04 ownership of Improvements ...................... 11 Article 5 HYPOTHECATION OF LEASE .................................. 12 Article 6 REPAIRS, MAINTENANCE AND RESTORATION .................... 12 Section 6.01 Maintenance by TENANT .......................... 12 Section 6.02 Seawalls and Revetment ......................... 12 Section 6.03 Requirements of Governmental Agencies ....... ...12 Section 6.04 Failure to Repair .............................. 13 Section 6.05 TENANT'S Duty to Restore Premises .............. 13 Section 6.06 Inspection by CITY ............................. 13 Section 6.07 Option to Terminate Lease for Destruction...... 13 Section 6.08 Application of Insurance Proceeds.............. 14 Article 7 INDEMNITY AND INSURANCE ................................. 14 Section 7.01 Indemnity Agreement ............................ 15 Section 7.02 Liability Insurance ............................ 15 Section 7.03 Worker's Compensation .......................... 16 Section 7.04 Fire and Casualty Insurance ..................... 16 Section 7.05 Specific Perils to be Insured .................. 16 Section 7.06 Deposit of Insurance with CITY., ............... 17 Section 7.07 Notice of Cancellation of Insurance............ 17 Section 7.08 No Subrogation ................................. 17 Article 8 TAXES AND UTILITIES ..................................... 17 ` 1 Section 8.01 TENANT to Pay Taxes ............................ 17 Section 8.02 TENANT to Pay License and Permit Fees..........17 ii Section 8.03 Utilities ...................................... 17 Article 9 CONDEMNATION............................................18 Section 9.01 Total Condemnation ............................. 1B Section 9.02 Condemnation Award ............................. 18 Section 9.03 Termination for Partial Taking ................. 19 Section 9.04 Rent Abatement for Partial Taking .............. 19 Section 9.05 Conveyance in Lieu of Eminent Domain........... 20 Article 10 ASSIGNMENT AND SUBLEASING ............................. 20 Section 10.01 No Assignment Without CITY'S Consent........... 20 Section 10.02 Transfer of Stock as Assignment ................ 20 Section 10.03 Application for Assignment ..................... 21 Section 10.04 Probate Transfer or Assignment ................. 21 Section 10.05 No Sublease Without CITY'S Consent ............. 21 Section 10.06 Term of Sub -lease .............................. 22 Section 10.07 Sub -Tenant Subject to Lease Terms .............. 22 Section 10.08 Consent Form Agreement ......................... 22 Section 10.09 TENANT Remains Liable .......................... 22 Section 10.10 Exception for Boatslips, Motels ................ 22 Article 11 DEFAULT AND TERMINATION ................................ 23 Section 11.01 Abandonment by TENANT .......................... 23 Section 11.02 Termination for Breach by TENANT ............... 23 Section 11.03 Termination for Failure to Pay Rent............ 23 Section 11.04 Beneficiary May Cure Default ................... 23 Section 11.05 Attorney Fees for Breach not Resulting in Court Action......................24 Section 11.06 Damages for Breach ............................. 24 Section 11.07 Cumulative Remedies ............................ 24 Section 11.08 Waiver of Breach ............................... 24 Section 11.09 Surrender of Premises .......................... 25 Article 1.2 MISCELLANEOUS .......................................... 25 Section 12.01 Attorneys Fees ................................ 25 Section 12.02 Notices ........................................ 25 Section 12.03 Governing Law .................................. 25 Section 12.04 Binding on Heirs and Successors................25 Section 12.05 Partial Invalidity ............................. 25 Section 12.06 Sole and Only Agreement ........................ 25 Section 12.07 Modification ................................... 26 Section 12.08 Time of Essence ................................ 26 Section 12.09 Memorandum of Lease for Recording .............. 26 Section 12.10 Termination for Nuclear Disaster ............... 26 Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE......... 26 Section 13.01 Termination of Prior Lease ..................... 26 Section 13.02 Coastal Dependent Uses ......................... 27 Section 13.03 Timeframe for Completion of Improvements....... 27 Section 13.04 Rental Rates During Construction Period ....... .211 Section 13.05 Amendment to Section 2.06 Security Deposit.....28 Section 13.06 General Rent Renegotiation and Arbitration..... 29 Seciton 13.07 Records Kept outside of County ................. 29 I I L E A S E THIS LEASE is made and entered into by and between the CITY OF MORRO BAY, a municipal corporation of the State of California herein called CITY, and Morro Bay Marina, a California General Partnership, currently doing business as Marina Square Development, herein called TENANT. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgnent has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, 130417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo, State of California, described as follows; Tideland L Sites 71-74/71W-74W l i'Gl 2 This property is delineated on Parcel Map of the CITY of Morro Bay No. 68-30, which map was recorded on October 10, 1968, in Book 3, Page 10 of Parcel Maps in the Office of the County Recorder, San Luis Obispo County, California. A copy of said Map is attached hereto as Exhibit A and made a part hereof by reference. Article I FIXED TERM Section 1.01 Term The term of the lease shall be a period of fifty (50) years, commencing July 1, 1991 and terminating without notice on June 30, 2041, unless sooner terminated as herein provided. Section 1.02 No Extensions The term of this lease shall not be extended nor shall this lease be renewed. Requests for continued use of the premises shall be treated as an application for a new lease and shall require appropriate application to the CITY with all required supporting information and documents, CITY Council approval and the execution of a new CITY lease, containing the then most current terms, covenants, conditions and rent schedules. Section 1.03 Hold Over should TENANT hold the demised premises after the expiration of the term of this lease with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either party to the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every term, covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding TENANT'S, resulting from TENANT'S failure to surrender possession of the demised premisesupon termination of this lease during, at the end, or after expiration of the term hereof. Article 2 RENT Section 2.01 Minimum Rent See Article 13, Section 13.04, for rental rates for the period from July 1, 1991 to June 30, 1993. Commencing July 1, 1993 TENANT, agrees to pay to CITY addition to the additional sums specified herein below, a nimum guaranteed annual rental for the use and occupancy }� said premises of Forty Eight Thousand dollars ($48,000) 1pYyV ,er year payable in advance in equal semiannual installments )/ on the first days of January and July of each year. Said rental shall bo paid in lawful money of the United States of America, without offset or deduction and shall be paid to `� 3 CITY at City Hall located at 595 Harbor Street, Morro Bay, California, or at such other place or places CITY may from time to time designate by written notice delivered to TENANT. Section 2.02 Annual CPT Adjustment to Minimum Rent The parties agree that on the first day of July 1994 each July 1 thereafter the minimum guaranteed annual rental shall be increased or decreased in direct proportion to any upward or downward movement from the Consumer Price Index for January 1, 1991, which is hereby agreed to be 140.0. The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Long Beach - Anaheim, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1982-84 Base Year = 100 (hereafter called Index.) The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. The minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%. Therefore the minimum guarantee annual rental then being paid by TENANT would be increased by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.) If the United States Department of Labor, Bureau of Labor Statistics, shall cease to compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used for the purpose of adjusting the minimum rental for the leased premises. Section 2.03 Five Year calculation for New Minimtim Rent On July 1, 1998, and on July 1 of each five year period thereafter, a new minimum guaranteed annual rental shall be calculated as follows: A. A reasonable time prior to the end of the fifth year and of each five-year period thereafter, an appraisal shall be made of the fair market value of the leased premises, excluding fixtures and improvements unless such are expressly included in the description of the leasehold hereinabove. CITY, at its own cost 'and expense, shall retain an independent qualified appraiser acceptable to TENANT for determination of the fair market value of said premises. If the parties are unable to agree upon a •UW mutually acceptable appraiser then each party shall select �5 one member of a three member committee. The two so selected members shall select the third member and this committee / G shall by m ity vote select an independent essionally �-� i 4 designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute), SRPA (Senior Real Estate Analysis), to appraise the fair market value of the leased premises. In the event that the appraisal process is not concluded on or before the five year adjustment date, the rent shall be adjusted retroactively to such five year adjustment date as set out hereinbelow when said appraisal process is completed. B. The total rent paid including both the minimum guaranteed annual rental and the percentage of gross sales for each year within the applicable five year period shall beaveraged to produce the average annual total rent paid. C. The new minimum guaranteed annual rental for the next ensuing five-year period shall be the greater amount of seventy-five (75) percent of the average of the total yearly rent paid during the previous five year period (as set out in paragraph B. above) or eight (8) percent of the fair market value of said premises (as established in paragraph A. above.) The new minimum guaranteed annual rent figure shall be divided by two to determine the semiannual payments and shall be paid by TENANT to CITY on the first of each July and January thereafter. This new minimum rent shall be adjusted each following year in proportion to any change in the Consumer Price Index as set out in Section 2.02 herein above. Section 2.04 Percentage Rental A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to that percentage of TENANT'S gross sales, hereinafter defined, as shown on Exhibit B, attached hereto and incorporated herein by reference, less the amount of the minimum guaranteed rental paid pursuant to Section 2.01, 2.02, and 2.03 herein above. B. The term "gross sales," as used herein, shall (subject to the exception and authorized deductions as hereinafter set forth), mean the total selling price and the total gross amount received by TENANT from all rentals, merchandise sold and services rendered in, on or from said premises by TENANT, his subleasees, licensees, or concessionaires, both for cash and on credit including, but not limited to, rentals of dockage space, leasing and servicing operations and ticket sales, and if on credit whether or not payment be actually made therefore, all charges for services, alterations or repairs made in or upon said premises; the gross amount received by TENANT for merchandise sold pursuant to orders received in said premises, though filled elsewhere; and the gross amount 5 received by TENANT from any and all other sources of income derived from the business conducted upon said premises. C. Notwithstanding the provisions of Section 2.04 A. of this lease, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to the extent they have been included therein or have been included in a prior computation of "gross sales" or for which a percentage rental has been paid under this lease to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged; and (2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this article because a part of the total selling price of merchandise or services rendered in, from, or on said premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. (3) Rental payments to TENANT from sublessees whose total gross sales are included in gross sales computations. N. TENANT shall keep or cause to be kept full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing the total amount of gross sales, as defined herein, made each calendar month in, on or from said premises. TENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale and in the presence of the customer cause the full selling price of�each piece of merchandise, each rental received and each service rendered in, on or from said premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in accordance with standard commercial practices. Said records, books of account and cash register tapes, including any sales tax reports that TENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other authorized representative or agent of CITY. TENANT consents to the release of sales tax information to CITY and on demand will furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for confidential internal use of the CITY in determining gross sales for TENANT. TENANT consents and authorizes CITY to request such information directly from the State Board of Equalization or other state agency with which sales tax information is filed. E. By July 31, of each year, TENANT shall furnish CITY with a statement, to be certified by TENANT as current, V 1� true and accurate, which shall set forth the gross sales (as defined herein) of each department, sub -lessee, licensee and !(d concession Orating in, on or from said pre *s for the > 0 • 0 previous twelve (12) calendar months, ending June 30, just concluded, and the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount 'of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an audit of sales of TENANT'S business to be made by a public accountant, TENANT shall furnish CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any calendar year, cause an audit of the business of TENANT to be made by a public accountant of CITY'S own selection. TENANT shall, upon receiving written notice of CITY'S desires for such an audit deliver and make available all such books, records and cash register tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit disclose that the questioned Statement or statements understated gross sales by five percent (5%) or more but less than ten percent (10%). TENANT shall also immediately pay the additional rental with interest, therein shown to be payable by TENANT to CITY. otherwise the cost of such audit shall be paid by CITY. In the event that an audit or other review of records discloses that the amounts reported as gross sales was understated by TENANT by ten percent (10%) or more, CITY shall not only be entitled to recovery from TENANT all costs of audit and review but shall also be entitled to recovery from TENANT a Penalty equal to two times the percentage of gross sales rent due pursuant to this lease on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the statement or statements furnished by TENANT to justify the same. For the purpose of enabling CITY to check the accuracy of any such statement or statements, TENANT shall for said period of five (5) years after submission to CITY of any such statement keep all of TENANT'S records, including sales tax returns, all' cash register tapes and other data which in any bear upon or are required to establish in detail TENANT'S gross sales of merchandise and services and any authorized. deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. Section 2.05 $eCOr ity Dpposi TENANT shall deposit with CITY, and at all times hereafter maintain, a security deposit in the initial amount of twenty-five (25) percent of the minimum annual rent, and i1 concurrently with adjustment of minimum annual rent, adjust Qy` said deposit each year to twenty-five (25) percent of the then current minimum annual rent. C)/V , �,1v,/ 7 The security deposit shall be paid in cash and shall guarantee TENANT'S full and faithful performance of all the terms, covenants, and conditions of this lease. If*at any time during the term of this lease, any rent, insurance policy, or any other sum payable to CITY shall be overdue and unpaid, CITY may, at CITY'S option, apply any portion of this security deposit to the payment of any overdue rent, insurance policy, or any other sums due and payable to CITY under this lease. Should the entire security deposit or any portion thereof, be appropriated and applied by CITY for the payment of overdue rent, insurance policy, or any such other sum due and payable to CITY by TENANT, then TENANT shall within thirty (30) days after written demand by CITY restore said security deposit to the required amount. At the end of each fiscal year of the CITY, the CITY'S Finance Director shall determine the amount of interest which would have been earned that year had such security deposit been deposited with Mid State Bank in Morro Day in a regular passbook account and shall credit to TENANT that amount towards TENANT'S payments then due to CITY. The security deposit shall be returned to TENANT at the and of the lease term, or upon earlier termination of this lease, provided TENANT is not then in default and has performed its obligations required by this lease. CITY shall have the right to commingle said security deposit with other funds of the CITY. Section 2.06 Penalty and Interest A. If any rent is not received within ten days following the date on which the rent first became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in addition to the rent. B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%) per month or fraction thereof or the maximum amount permitted by law as of the date this lease is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date on which rent first became delinquent until paid:' The term "rent" includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the CITY. Article 3 USE OF PREMISES Section 3.01 Permitted Use Said premises shall, during the term of this lease, be used for the purpose of operating and conducting thereon and therein the following: Food service cocktail bar, boat & marine eeuinment rentals boat sales 6 services, marine agoolies and fuelsales, slip and mooring rentals, operation of sport and commercial fishing vessels. Wdtgr taxi servigg. sewage holding tank evacuation tv a et s mar' e c ,( ��� face i'. t �/ l I3 �� a 0 8 and for uses normally incident to and directly allied to such purpose and for no other purpose. Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of CITY terminate this lease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use, which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until the unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rental, shall not, in any way be deemed a waiver nor estoppel of CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any other remedies available at law or equity. In the event the parties cannot agree on whether a use is authorized by this lease, the parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3.03 Operation of Bisiness - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall, at the option of CITY terminate this lease. A. TENANT shall during the term of this lease conduct business of the nature specified in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises open for the conduct of burliness continuously and without interruption for at least six hours each day of the year except one day each week and legal holidays. This provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary minor or major repairs, maintenance or other construction deemed necessary by TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY Administrator or on account of strikes, walkouts, or causes beyond the control of TENANT or for not over three (3) days out of respect to the memory of an officer, employee, or /�r� J}1 4 close relative of any officer or employee of TENANT. (i`r" �r--?i/v- ,5 0 B. TENANT shall operate TENANT'S business on said premises with due diligence and efficiency and in like manner as comparable businesses in CITY or coastal area are operated, so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT'S business; and TENANT at all times shall carry on said premises, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. section 3.04 Competition During the term of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of said premises, provided, however, that TENANT may, with prior written approval from CITY, own or operate more than one business, whether or not competing and similar along the Embarcadero upon CITY lease sites. The purpose of this section is to prevent and prohibit TENANT from reducing revenue to CITY by diverting business from his lease site operation to another similar business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 3.05 Tidelands Trus TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. Section 3.06 ColUnliance with Law TENANT shall, at his sole cost and expense, comply with all of the requirements of all local, municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding against TENANT, whether CITY be a party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in the use of the premises shall be conclusive of that fact as between CITY and TENANT. section 3.07 WEIstg or Nuisance TENANT shall not commit or permit the commission by others of any waste on said premises; TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by law on said premises; and TENANT shall not use or permit the use of said premises for any unlawful pur se. 0 �,�� M a 10 Article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cast thereof shall exceed fifteen thousand ($15,000) dollars, without the written consent of CITY first had and obtained as follows: Prior to the commencement of any phase of future construction, TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the leased premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction, and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. Where required` by the Morro Bay Municipal Code, California Coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction, alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $25,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and installation of improvements on the leased premises. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the faithful performance of TENANT or his contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the performance of labor or services on, or the furnishing of materials for, the performance of said construction. I'J In lieu of the above referenced bonds, TENANT may post `U cash deposits or may make other mutually satisfactory , '�. II arrangements to guarantee the completion of construction projects. In the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. Section 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all buildings and improvements now or hereafter located on said premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT further agrees to at all times, save CITY free and harmless and indemnify it against all claims for labor or materials in connection with any improvement, repairs, or alterations on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said premises to be released from such liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT shall upon written notification be required to immediately deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a company or corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. The beneficiary of any security instrument which instrument is on record with CITY, shall have the right to file such a bond on behalf of TENANT. Section 4.04 Ownership of Tmprovement The parties agree that at the termination of this lease, however occurring, TENANT shall have 60 days thereafter to remove all structures, facilities, installations, improvements and other property belonging to TENANT from the leased premises. The parties further agree that CITY also has the option and right to require TENANT to remove all structures, installations, improvements of any kind or other property belonging to or placed upon the leased premises by TENANT at the termination of this lease, however occurring, providing CITY gives notice, in writing, no later than 30 days prior to the termination of the lease, of its decision to require that such improvements be removed. If CITY exercises such Option and TENANT fails to remove such installations or improvements within 60 days after the termination of this lease, CITY shall have the right to have such installations or improvements removed at the expense of TENANT. D neither TENANT nor CITY exercise its option to remove or require the removal of as the case may be the improvements and installations, then title to such installations, 0 r"(J 0 0 12 structures and improvements shall vest in CITY and TENANT shall not remove same. Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the property of any default in the performance of the lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same. Article 6 REPAIRS, MAINTENANCE AND RESTORATION Section 6.01 Maintenance by TENANT At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain said premises and all improvements now or hereafter on said premises in good order and repair and in a safe and clean condition. Furthermore, TENANT shall, at TENANT'S own cost and expense, maintain at all times during the term of this lease the whole of said premises as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, tidy, orderly and attractive condition. CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost and expense, in the event TENANT fails to clean and clear said premises in accordance with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY of CITY's intent to exercise this option. Section 6.02 Seawall and Revetment At all times during the term of this lease, TENANT shall at TENANT'S own cost and expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, seawalls, revetment, piers, posts and any structures or other improvements located in the water portion of the lease premises. Further TENANT shall at TENANT'S own cost and expense conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. section 6.03 Requirements of Governmental Agencies At all times during the term of this lease, TENANT, at TENANT'S own cost and expense, shall: (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, CITY or other governmental agency or entity; (2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or .n hereafter made or issued respecting said premises or the improvements or facilities located thereon; 1 (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law prior to the instigation any repair or maintenance activity. 10 (4) Indemnify and hold CITY and the property of CITY, including said premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from TENANT'S failure to comply with and perform the requirements of this section. Section 6.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the leased premises until such repairs are completed and accomplished and the premises rendered safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. Section 6.05 TENANT'S Duty to Restore Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of CITY, this lease shall continue in full force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building, buildings, improvement, or improvements according to the original plan thereof or according to such modified plans therefore as shall be approved in writing by CITY. The work of repair and restoration shall be commenced by TENANT within one hundred eighty (180) days after the damage or destruction occurs and shall be completed with due diligence not longer than one (1) year after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on said premises set forth in Article 4 of this lease. Section 6.06 Inspection by CITY TENANT shall permit CITY or CITY'S a6ents, representatives, or employees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful. acts that may be necessary to protect CITY'S interest in said premises under this lease or to perform CITY'S duties under this lease. Section 6.07 QQUOO to m Notwithstanding the provision of Section 6.05 of this/ lease, TENANT shall have the option of terminating this lease on the last calendar day of any month by giving CITY at least thirty (70) days prior written notice of TENANT'S intent to d o and by removing, at TENANT'S cost and ,f� 4 O-AP, , • 0 14 expense, all debris and remains of the damaged improvements from said premises where: (1) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last fifteen (15) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of the lease at a cost not exceeding thirty- five (35) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged buildings or improvements, located on said premises. (2) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last ten (10) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of this lease at a cost not exceeding fifteen (15) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged or destroyed buildings or improvements, located on said premises. Section 6.08 Application of Insurance Proceeds Any and all fire or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any buildings or improvements on said premises shall be paid to TENANT and applied by TENANT toward the cost of repairing and restoring the damaged or destroyed buildings or improvements in the manner required by Section 6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by Section 6.07 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said premises, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction: (1) Shall be applied first toward the reduction of the unpaid principal balance of the obligation secured and discharging said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 of this lease; and (2) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY, at least in part, for the loss to its fee estate of the damaged or destroyed buildings or improvements. Article 7 INDEMNITY AND INSURANCE Section 7.01 Indemnity Agreement TENANT shall indemnify and hold CITY and the property / of CITY, including said premises and any buildings or improvements now or hereafter on said premises, free an ( )1.1: �. ? )r,i 15 harmless from any and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or by any person who is an employee or agent of TENANT, from any cause whatever while such person or property is in or on said premises or in any way connected with said premises or with any of the improvements or personal property on said premises; (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT, caused or allegedly caused by either (a) the condition of said premises or some building or improvement on said premises, or (b) some act or omission on said premises of TENANT or any person in, on, or about said premises with or without the permission and consent of TENANT; (3) Any work performed on said premises or materials furnished to said premises at the instance or request of TENANT or any person or entity acting for or on behalf of TENANT. (4) TENANT'S failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any duly authorized governmental agency or political subdivision. Section 7.02 Liability Insurance TENANT shall at TENANT'S own cost and expense, secure promptly after the execution of this lease and maintain during the entire term of this lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, TENANT'S business automobile 0 coverage and property damage insurance, each with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California, and which shall list CITY as the named primary additional insured, without offset to CITY'S policies as respects all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said policies may be for such period as shall be designated by () TENANT; provided however, that within two (2) months prior to the expiration date of such insurance terms, TENANT shall ' i procure other policies of said insurance so that between the execution of his lease and the commencement the lease term, and t ughout the entire lease term or y renewal r(l �( �� I�� 171 16 thereof, or until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits for insurance required by this lease, but every such increase shall be reasonable under the circumstances and in no event shall such increases more than double in any ten year period, except as required in Section 7.04. Section 7.03 Worker's Compensation TENANT shall maintain at TENANT'S own expense and keep in full force and effect during the term of this lease, Worker's Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation rights against CITY. section 7.04 Fire and Casualty Insurance TENANT shall, at TENANT'S own cost and expense, at all times during the term of this lease keep all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, insured for ninety (90) percent of their full insurable value by insurance companies authorized to issue such insurance in California against loss or destruction by fire and the perils commonly covered under the standard and special form endorsement to fire insurance policies in the CITY of Morro Bay. Any loss payable under such insurance shall be payable to TENANT, CITY, and any Lender under an encumbrance incurred by TENANT pursuant to Article 5 of this lease as their interests may appear. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 6.08 of this lease. Section 7.05 Specific Perils to be Insured Notwithstanding anything to the contrary contained in Section 7.04 of this lease, the insurance required by Section 7.04 of this lease shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, against loss or destruction by water damage, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by n Section 7.04 of this lease during the construction of said building project described in Article 5 shall have course of VVV--- construction, vandalism, and malicious mischief clauses attached insuring said project during its construction and U�I� /. �7 17 all materials delivered to the site of said building project for their full insurable value. section 7.06 Den sit of Insurance with CITY TENANT shall within ten (10) days after the execution of this lease and promptly thereafter when any such policy is replaced, rewritten, or renewed deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of each insurance policy required by this Article of this lease and an endorsement to the policy and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Section 7.07 Notice of Cancellation of Insurance Each insurance policy required by this Article of this lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to CITY in the manner required by this lease for service of notices on CITY by TENANT. Section 7.08 No Subrogation Each insurance policy required under this lease including those insuring TENANT against claims, expense, or liability for injury to persons or property shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability, or business interruption. TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. Article 8 TAXES AND UTILITIES Section 8.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the lease premises by reason of said lease or of any equipment, appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises. TENANT shall pay all possessary interest taxes applicable to the lease premises. Section 8.02 TENANT to Pay License and Permit F es TENANT shall pay any fees imposed by law for licenses or permits for any business or activities including construction of TENANT upon the leased premises. Section 8.03 Utilities /ny! TENANT shall pay, or cause to be paid, and hold CITY fylf��a and the property of CITY including said premises free and qy/� harmless fro 11 charges for the furnishing of s, water, electricity, elephone service, and for o r public V 18 utilities to said premises during the term of this lease and for the removal of garbage and rubbish from said premises during the term of this lease. ° Article 9 CONDEMNATION Section 9.01 Total Condemnation If title and possession to all of the premises is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this lease shall terminate on the date that possession of the premises is taken, and both CITY and TENANT shall thereafter be released from all obligations including rent which shall be prorated to the date of termination, except those specified in Section 9.02 of this lease. Section 9.02 Condemnation Award Any compensation or damages awarded or payable because of the taking of all or any portion of said premises by eminent domain shall be allocated between CITY and TENANT as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said premises shall be paid to and be the sole property of CITY free and clear of any claim of TENANT or any person claiming rights to said premises through or under TENANT. (2) All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will" of TENANT'S business shall be paid to and be the sole property of TENANT. (3) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where only a portion of said premises is taken by eminent domain and TENANT is not entitled to or does not terminate this lease shall be applied in the manner specified in Section 9.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said premises. (4) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said premises is taken by eminent domain, shall be allocated between CITY and TENANT as follows: (a) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, not expired shall belong to and be the sole property of TENANT. (b) That percentage of the compensation or damages r awarded or payable because of the improvements that equals / the percentage of the full term of this lease that has, at 19 the time of the taking, expired shall belong to and be the sole property of CITY. (c) The term "time of taking" as used i'n this subparagraph shall mean 12:01 a.m. of, whichever shall first occur, the date title or the date physical possession of the portion of said premises on which the improvements are located is taken by the agency or entity exercising the eminent domain power. (5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be: (a) The sole and separate property of TENANT during the first ten (10) years of the term of this lease; (b) Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this lease, between CITY and TENANT during the eleventh (llth) to thirtieth (30th) years of the term of this lease; and (0) The sole and separate property of CITY during the last ten (10) years of the term of this lease. Section 9.03 Termination for Partial Takina Should, during the term of this lease, title and possession of only a portion of said premises be taken for any public or quasi -public use under any statute, or by right of eminent domain, TENANT may, at TENANT'S option, terminate this lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual physical possession of the portion of said premises taken for such public use. This lease shall terminate on the first day of the calendar month following the calendar month in which the notice of termination described in this section is served on CITY. On termination of this lease pursuant to this Article, all sub- leases and sub -tenancies in or on said premises or any portion of said premises created by TENANT under this lease shall also terminate and said premises shall be delivered to CITY free and clear of all such sub -leases and sub - tenancies, provided, however, that CITY may, at CITY'S option, by mailing written notice to a sub -tenant allow any sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. On termination of this lease pursuant to this section, however, both CITY and TENANT shall be released from all obligations, except those specified in Section 9.02 of this lease, under this lease. Section 9.04 Bent Abatement for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken under the power of eminent domain by any public or quasi-publ agency or a*y and TENANT does not terminate•is lease,ic • •. 20 then this lease shall terminate as to the portion of said premises taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises and do all other acts at TENANT'S own cost and expense required by the eminent domain taking to make the remaining portion of said premises fit for the use specified in this lease. Section 9.05 r9nYovange in Lieu of Fmine,t Domain A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to all or such portion of said premises under the power of eminent domain subject to the provisions of this Article. Article 10 ASSIGNMENT AND SUBLEASING Section 10.01 No Assignment Without CITY'S Consent Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was granted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration .for granting of this lease and said party does hereby agree to maintain active control and supervision of the operation conducted on said premises. Section 10.02 Transfer of Stock as Asslanment Should TENANT be a corporation, an unincorporated rrIf(()J)Jyy��JJ association, or a partnership, or should TENANT'S interest 1VN in this lease be assigned to a corporation, ann--A. f ,YI / 21 unincorporated association, or a partnership, pursuant to Section 10.01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholder's death shall be excepted from this provision. Section 10.03 Application or A 5��*�ment A condition of an assignment shall be TENANT shall file with .the CITY an application to assign the leasehold prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignee's qualifications as a permitted assignee. CITY shall not be required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY'S auditor, or other authorized representative or agent. Section 1.0.04 Probate Transfer or Assignment Nothing herein contained will prevent the transfer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended. Probate sale of the leasehold interest will not be permitted without the consent of the CITY, evidenced by resolution, first had and obtained. section 10.05 No Sublease Without CITY'S Consent TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased premises, or any portion thereof, without the written consent of CITY evidenced by prior approval of the Narbor Director, provided the proposed use is within the permitted uses of this agreement. A consent to one subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent subletting, occupation, or / use by another person. Any such subletting without CITY's written. consent shall be void, and shall at CITY'S option, terminate this lease. City shall not unreasonably nor �Iji 22 arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06 Term of Sub -lease In no event shall the term of any sub -lease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease term shall also terminate any and all sub -leases, provided, however, that CITY may, at CITY'S option by mailing written notice to a sub -tenant, allow any sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. Section 10.09 Suh-Tenant Subject to Iease Terms Any and all sub -leases shall be expressly made subject to all the terms, covenants, and conditions of this lease. A breach of the terms of this lease by a sub -tenant or sub- lessee shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this lease. TENANT hereby agrees to and does guarantee. payment of such percentage rentals due by a sub -tenant under the terms of this lease. Section 10.08 Consent Form Agreement Prior to any consent by CITY to any sub -lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that any default by the sub -lessee of any of the terms,. covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation, including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all monies received from .any sub -tenant first to the payment of obligations of the sub - TENANT to CITY. Section 10.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof, TENANT sha11 agree to be primarily and jointly and severally liable to CITY for all obligations due CITY by any sub- lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -lessee. Section 10.10 Exception for Boatslips Motels Notwithstanding any provisions herein to the contrary, the terms "assignnt," "subletting,-' --occupation," or seinterpreted "u," shall not be construed or inter reted to mean or include the temporary, short term renting or leasing of boat 0^� 23 slips, motel, hotel, or apartment accommodations on the premises. Article 11 DEFAULT AND TERMINATION ' Section 11.01 Abandonment by TENANT Should TENANT breach this lease and abandon said premises prior to the natural expiration of the term of this lease, CITY may continue this lease in effect by not terminating TENANT'S right to possession of said premises, .+ in which event CITY shall be entitled to enforce all CITY'S rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process, provided however that where fulfillment of any such promises, covenants, conditions, or agreements requires activity over a period of time, and LESSEE has commenced to perform whatever may be required to cure the particular default, CITY will not exercise any remedy available to it hereunder so long as LESSEE diligently continues to pursue the performance of whatever may be required to cure the default. Section 11.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall notbe cured within ten (10) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. Section 11.04 Beneficiary May Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof, which said period shall be computed from the date said notice is mailed by th TY to said beneficiary, by regiseed mail. 24 Section 11.05 Attorney Fees for Breach not Regiulting in Court Actian In the event the CITY finds it necessary to retain an attorney in connection with the default by the TENANT or enforcement of any of the terms, conditions, and covenants of this lease, even though not resulting in an action in court, TENANT shall pay reasonable attorney s fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice shall give rise to an independent legal action by CITY to collect same. If CITY is successful in such legal action CITY shall also be entitled to attorney fees and costs for the collection action. Section 11.06 Damages for Breach Should TENANT default in the performance of any covenant, condition or agreement contained in this lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: (1) Bring an action to recover from TENANT: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and (d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to're- enter and regain possession of said premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 11.07 Cumulative Remedies The remedies given to CITY in the Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. a Section 11.08 Waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this lease. y� 25 Section 11.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises, all improvements in or on said premises, and all facilities in any way appertaining to said premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article 12 MISCELLANEOUS Section 12.01 Attorney's Fees Should any litigation be commenced between the parties to this lease concerning said premises, this lease, or the rights and duties of either in relation thereto, the party, CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 12.02 Notices Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. They shall be served either personally, or by registered or certified mail. Any notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City Hall, Morro Bay, California. Any notice or demand to TENANT may be given at: Don Appling, Stan Trapp and Gerald Sullivan 255000 Road 204 Exeter, CA 93221 (209) 592-3174 Such addresses may be changed by written notice by either party to the other party. Section 12.03 Governing raw This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Section 12.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all Of the terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 12.05 Partial Invalidity Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or n Q unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 12.06 Sole and Only Agreement This instrument constitutes the sole and onl agreement between CITYWd TENANT respecting said pr ::es, the N? 26 leasing of said premises to TENANT, or the lease terms herein specified and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. No modification, amendment, or alteration of this lease shall be valid unless it is in writing and signed by both parties. Section 12.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not be modified by oral statements by any person representing the CITY including the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purportedoral waivers, or purposed oral modifications and agrees not to rely upon purported written modifications. unless they meet the requirements of this paragraph and are approved in writing pursuant to formal City Council action and a subsequent written modification signed by the MAYOR and CITY CLERK. Section 12.0E Time of Essence Time is expressly declared to be the essence of this lease. Section 12.09 Memorandum of Lease for Recording Neither party, CITY or TENANT, shall record this lease without the written consent of the other. However, CITY and TENANT shall, at the request of either at any time during the term of this lease, execute a memorandum or "short forme of this lease for purposes of, and in form suitable for, ,a being recorded. The memorandum or "short form" of this lease shall describe the parties, CITY and TENANT, set forth a description of the leased premises, specify the term of this lease, and shall incorporate this lease by reference. Section 12.10 Termination for H991e4r Disaster This lease may be terminated by TENANT by ten day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the declaration of war by the United States of America. Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE The following provisions apply to this lease site only: Section 13.01 Termination of Prigr Lease The parities understand and agree that this lease rescinds and revokes the previous leases between the parties /5 more particularly described as those certain leases dated July 1, 1971 (lease site 73-73W) and August 14, 1973 (lease 27 site 74-74W) between the City of Morro Bay and parties which have subsequently assigned their interest in the leases to TENANT. The lease for lease site described as 71-72/71W-72W terminates on June 30, 1991. section 13.02 Coastal Dependent U es TENANT shall maintain coastal dependent or coastal related land uses on not less than twenty percent of the project's total floor area to be constructed on the site of Phase I and Phase II. for the purposes of this requirement marine support facilities which include but may not be limited to marina restrooms, laundry, lockers, etc.shall be considered a coastal related use. Section 13.03 Timeframe for Completion of Improvement CITY and TENANT agree that TENANT will construct the improvements as outlined in CITY CUP 39-86 in two phases and that TENANT will construct the improvements on the premises of this lease as Phase II of the construction and will complete such Phase II construction within one year. TENANT agrees to construct and complete the improvements on the leased premises as outlined in CITY CUP 39-86 by October 1, 1993 and that failure to complete and receive a certificate of occupancy for the improvements by that date will be a breach of this agreement. TENANT further agrees that any violation of the conditions for approval of CUP 39-86 will be a violation of this lease agreement. TENANT shall complete the following tasks by the dates shown and failure to comply with CUP 39-86 or meet the time deadlines outlined shall be grounds for termination of this lease agreement. October 1, 1992 Commence demolition of existing improvements on the lease site and initiate removals/replacement of existing fuel storage tanks. January 1, 1993 Complete demolition of existing improvements and commence construction of the improvements. October 1, 1993 obtain certificate of occupancy for improvements on the lease site. TENANT shall provide CITY with a copy of the certificate of occupancy and one copy of as built plans of the improvements. TENANT shall take all measures available during the construction of improvements to: 1. Avoid any pollution of the atmosphere or littering of land or water by or originating in or about the premises or caused by TENANT's construction activities; 2. Keep the noise level on the premises to a minimum so that persons in the neighborhood will be able to comfortably enjoy business and facilities in the area; 3. Prevent any pollutants including petroleum products from entering Morro Bay; 4. Avoid native impacts on surrounding bus' ses; P 4' 28 5. Avoid parking or traffic delays or impairment without prior consent of the CITY; 6. Keep the construction site in a sightly, orderly and safe manner at all times. TENANT shall not store or allow any equipment or materials to remain on public properties during construction of improvements. TENANT shall use all caution in during construction of the improvements, and specifically holds CITY harmless in regards to any pollution or contamination or injury resulting from TENANT'S operation or construction on the premises. Section 13.04 Rental Rates During Construction Period To allow for construction of improvements as outlined above, the rent for the period of this lease from July 1, 1991 to June 30, 1992 will be $1,800 a month payable on the first of each month in advance and from July 1, 1992 to June 30, 1993 rental shall be $2,000 a month payable on the first of each month in advance. After June 30, 1993 rent shall be as outlined in Article 2 of this lease. Section 13.05 Amendment to Section 2.06 Security Deposit In recognition of their long term meeting of financial obligations with the CITY, no Security Deposit is required from these tenants. Upon transfer or assignment of interest in these Lease Sites from Don Appling, Carol Trapp or Robert Waterman to any other party or parties, this waiver of Security Deposit detailed within Section 2.06 of this lease agreement shall immediately become due and payable. Section 13.06 General Rent Renegotiation and Arbitration In lieu. of the five year calculation of new minimum rent for the date of July 1, 2013 as provided for in Section 2.03 hereinabove the rental for this lease shall be adjusted by TENANT and CITY in accordance with the standards of and for fair market value as hereinafter provided, at some time not more than nine (9) months and not less than six (6) months before the beginning of July 1, 2013. The minimum annual rental and percentage rental, including the schedule of percentage rentals attached as "Exhibit B" hereto, shall be adjusted for the remaining term of this lease as follows: CITY and TENANT shall meet and attempt to mutually agree upon an adjustment to the rents. In the event TENANT and CITY cannot agree upon the adjustment to the rentals, the CITY and TENANT shall convene a committee of three (3) independent qualified real estate appraisers, one of whom shall be appointed by CITY, one by TENANT, and the third by the two (2) appraisers so appointed. If the rents have not been adjusted by mutual agreement within the three month period above prescribed, CITY shall give to TENANT a written notice of any unresolved issues and nominating the person to act on said committee on behalf of CITY. Within fifteen (15) days from the service of such notice, TENANT shall appoint its real estate appraiser and ��� 29 notify CITY of such appointment. The two so appointed members shall select the third member and this committee shall by majority vote select an independent professionally designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute) or SRPA (Senior Real Estate Analysis). The independent professionally designated appraiser shall, immediately upon appointment, enter upon the discharge of his/her duties and determine the amount of adjusted rents and notify the parties thereof in writing within sixty (60) days after his/her appointment. The real estate appraiser may adjust such rents, such adjustment to be based upon a determination of the fair market value of the lease, taking into consideration the uses permitted thereunder and all, of its terms, conditions, and restrictions, franchise value, earning power, and all of the factors and data relating to such value required or proper to be considered in determining the fair market value of leaseholds under the laws of eminent domain in the State of California. Notwithstanding the renegotiation and arbitration provisions of this Section 13.06, the minimum annual rental under this lease shall never be lower than seventy five percent (75%) of the average of the total yearly rent paid during the previous five year period. If for any reason said adjusted rents shall not be finally determined until after the beginning of July 1, 2013, TENANT shall continue to pay rentals at the former rate as a credit against the amount of the adjusted rents when finally determined; provided, however, that the amount fixed as the readjusted rentals shall accrue from July I, 2013 and proper adjustment shall be made for payments made by TENANT at the former rates during said interim. The costs and expenses of each of the two (2) real estate appraisers appointed by the parties shall be borne by the party so appointing. Costs and expenses of the third real estate appraiser and those of the independent professionally designated appraiser who shall determine the rent adjustment shall be equally divided between the parties. After the July 1, 2013 general rent renegotiation and arbitration, minimum annual rental shall again be adjusted every five years as outlined in Section 2.03 hereinabove. Section 13.07 Records Kent Outside of county Because of TENANT's unique situation, and in exception to Section 2.04D, TENANT may, upon notification to CITY, keep the books and records herein required in a location outside San Luis Obispo County. TENANT shall notify CITY in L 6 advance.of the exact location where such books and records are to be kept and shall return said records to the City of �dl' • Cr-n� j� d-���'�I 30 Morro Bay upon the City's request to allow CITY to inspect same. EXECUTED on June 26 , 19 91 , at Morro Bay , San Luis Obispo County, California. CITY.7OF MORRO BAY i RIE RIE L R SE [ASHE , MAYO rj ATTEST: ARDITH DAVIS, CITY CLERK as to Form CITY ATTORNEY TENANT DON PPP LtI , PARTNER CAROL TRAPP, PARTNER R013ERT WATERMAN, PARTNER \ v lot • 1 ' ~ , • . - I © r ..., ..fl.. e . yvv , d 11. {vn yy` ry 1SIJ/�yJ� .y� t ' �•„` d i� a :w • I 4 �i , 1 M 1 l • N1_ IN I � pt �, � � � 9 EXHIBIT B FOR CITY LAND AND WATER LEASES %GROSS SATES FOOD SERVICE: Restaurant, Dining Room 3 Snack Bar, Delicatessen, 5 Fast Food, Convenience Food 5 Bar/Lounge 10 RETAIL SALES & SERVICE: Tenant 5 Sub -Lessee - 5 FISH & SEAFOOD: Retail Sales 5 Wholesale Sales 0.5 MOORINGS, TIES & SLIPS: Pier/Fixed Piles 10 Pier/Floating 10 BOAT & MARINE REPAIR: 5 FUEL: Gasoline $0.02/gal. Diesel $0,015/gal. ART OBJECTS & PAINTINGS: 10 MOTEL, OTHER RESIDENTIAL OR VISITOR ACCOMODATION FACILITIES: 10 CONSTRUCTION-OFFSITE: 012 OTHER 10 SPORTFISHING: 5 Percentage Rental is to be based on the gross amount received from any and all sources of income derived from the lease site. A r 0 ORIGINAL LEASE FOR SITE 75-77/7S,1-77W, EXT. 17N. i 1. , 'PADLROF COMr1EHT$ LEASE SITES 75-77/75W-77W Article I FIXED TERM...............................................2 Section 1.01 Term............................................2 Section 1.02 No Extensions...................................2 Section 1.03 Hold Over.......................................2 Article 2 RENT.....................................................2 Section 2.01 Minimum Rent ............................... I Section 2.02 Annual CPI Adjustment to Minimum Rent ........... 3 Section 2.03 Five Year Calculation for New Minimum Rent ...... 3 Section 2.04 Percentage Rental...............................4 Section 2.05 Security Deposit................................6 Section 2.06 Penalty and Interest ............................7 Article 3 USE OF PREMISES..........................................7 Section 3.01 Permitted Use...................................7 Section 3.02 Unauthorized Use................................8 Section 3.03 Operation of Business - flours of Operation ...... a Section 3.04 Competition.....................................9 Section 3.05 Tidelands Trust.................................9 Section 3.06 Compliance with Law .............................9 Section 3.07 waste or Nuisance...............................9 Article 4 CONSTRUCTION, ALTERATION AND REPAIRS .................... 10 Section 4.01 Construction Approval .......................... 10 Section 4.02 Construction Bond .............................. 10 Section 4.03 Mechanics' Liens ............................... 11 Section 4.04 .ownership of Improvements ...................... 11 Article 5 HYPOTHECATION OF LEASE .................................. 12 Article 6 REPAIRS, MAINTENANCE AND RESTORATION .................... 12 Section 6.01 Maintenance by TENANT .......................... 12 Section 6.02 Seawalls and Revetment ......................... 12 Section 6.03 Requirements of Governmental Agencies.......... 12 Section 6.04 Failure to Repair .............................. 13 Section 6.05 TENANT'S Duty to Restore Premises .............. 13 Section 6.06 Inspection by CITY ............................. 13 Section 6.07 Option to Terminate Lease for Destruction...... 13 Section 6.08 Application of Insurance Proceeds .............. 14 Article 7 INDEMNITY AND INSURANCE ................................. 15 Section 7.01 Indemnity Agreement ............................ 15 Section 7.02 Liability Insurance ............................ 15 Section 7.03 Worker's Compensation .......................... 16 Section 7.04 Fire and Casualty Insurance ..................... 16 Section 7.05 Specific Perils to be Insured .................. 16 Section 7.06 Deposit of Insurance with CITY ................. 17 Section 7.07 Notice of Cancellation of Insurance............ 17 Section 7.08 No Subrogation ................................. 17 Article 8 TAXES AND UTILITIES ..................................... 17 Section 8.01 TENANT to Pay Taxes ............................ 17 Section 0.02 TENANT to Pay License and Permit Fees .... ......17 Section 8.03 Utilities ...................................... 18 //►- Article 9 CONDEMNATION ............................................ 18 ` Section 9 Total Condemnation............ .18 71 ✓i I Section 9.02 Condemnation Award ............................. 18 Section 9.03 Termination for Partial Taking ................. 19 Section 9.04 Rent Abatement for Partial Taking .............. 20 Section 9.05 Conveyance in Lieu of Eminent Domain........... 20 Article 10 ASSIGNMENT AND SUBLEASING ............................. 20 Section 10.01 No Assignment Without CITY'S Consent........... 20 Section 10.02 Transfer of Stock as Assignment ................ 21 Section 1.0.03 Application for Assignment ..................... 21 Section 10.04 Probate Transfer or Assignment.................21 Section 10.05 No Sublease Without CITY'S Consent ............. 21 Section 10.06 Term of Sub -lease .............................. 22 Section 10.07 Sub -Tenant Subject to Lease Terms .............. 22 Section 1.0.08 Consent Form Agreement ......................... 22 Section 10.09 TENANT Remains Liable .......................... 22 Section 10.10 Exception for Boatslips, Motels ................ 23 Article 11 DEFAULT AND TERMINATION ................................ 23 Section 11.01 Abandonment by TENANT .......................... 23 Section 11.02 Termination for Breach by TENANT ............... 23 Section 11.03 Termination for Failure to Pay Rent............ 23 Section 11.04 Beneficiary May Cure Default ................... 24 Section 11.05 Attorney Fees for Breach not Resulting in Court Action ...................... 24 Section 11.06 Damages for Breach ............................. 24 Section 11.07 Cumulative Remedies ............................ 2.4 Section 11.08 Waiver of Breach ............................... 25 Section 11.09 Surrender of Premises .......................... 25 Article 12 MISCELLANEOUS .......................................... 25 Section 12.01 Attorney's Fees ................................ 25 Section 12.02 Notices ........................................ 25 Section 12.03 Governing Law .................................. 25 Section 12.04 Binding on Heirs and Successors ................ 25 Section 12.05 Partial Invalidity ............................. 26 Section 12.06 Sole and Only Agreement ........................ 26 Section 12.07 Modification ................................... 26 Section 12.08 Time of Essence ................................ 26 Section 12.09 Memorandum of Lease for Recording..............26 Section 12.10 Termination for Nuclear Disaster ............... 26 Article 13 SPECIAL PROVISIONS PECULIAR To THIS LEASE SITE......... 27 Section 13.01 Termination of Prior Lease ..................... 27 Section 13.02 Tenant to Provide Public Restrooms............. 27 Section 13.03 Tenant to Provide Marine Fuel Dock and Pump Out Station ............................... 27 Section 1.3.04 Coastal Dependent Uses ......................... 27 Section 13.05 Timeframe for Completion of Improvements....... 28 Section 13.06 Rental Rates During Construction Period........ 29 Section 13.07 Amendment to Section 2.05 Security Deposit ..... 29 Section 13.08 General Rent Renegotiation and Arbitration..... 29 Section. 13.09 Records Kept Outside of County ................. 30 Y/" I L E A S E THIS LEASE is made and entered into by and between the CITY OF MORRO ➢AY, a municipal corporation of the State of California herein called CITY, and Morro Bay Marina, a California General Partnership, currently doing business as Marina Square Development, herein called TENANT. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which, Statutes may be amended from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date Of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro A Bay, County of San Luis Obispo, State of California, described as follows: Tideland Lease Sites 75-77/75W-77W and Ext. 17N. PP C • 0 2 This property is delineated on Parcel Map of the CITY of Morro Bay No. 68-30, which map was recorded on October 10, 1968, in Book 3, Page 10 of Parcel Maps in the office of the County Recorder, San Luis Obispo County, California. A copy of said Map is attached hereto as Exhibit A and made a part hereof by reference. Article I FIXED TERM Section 1.01 Term The term of the lease shall be a period of fifty (50) years, commencing July 1, 1991 and terminating without notice on June 30, 2041, unless sooner terminated as herein provided. Section 1.02 No Extensions . The term of this .lease shall not be extended nor shall this lease be renewed. Requests for continued use of the premises shall be treated as an application for a new lease and shall require appropriate application to the CITY with all required supporting information and documents, CITY Council approval and the execution of a new CITY lease, containing the then most current terms, covenants, conditions and rent schedules. Section 1.03 Hold Over Should TENANT hold the demised premises after the expiration of the term of this lease with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either party to the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every term, covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding TENANT'S, resulting from TENANT'S failure to surrender possession of the demised premises upon termination of this lease during, at the end, or after expiration of the term hereof. Article 2 RENT Section 2.01 Minimum Rent See Article 13, Section 13.06, for rental rates for the period from July 1, 1991 to June 30, 1992. Commencing July 1, 1992 TENANT agrees to pay to CITY in addition to the additional sums specified herein below, a minimum guaranteed annual rental for the use and occupancy of said premises of Sixty Thousand dollars ($60,000) per year payable in advance in equal semiannual installments on the first days of January and July of each year. Said rental shall be paid in lawful money of the United States of America, without offset or deduction and shall be paid to 11 ow, f 14 3 CITY at City Hall located at 595 Harbor Street, Morro Bay, California, or at such other place or places CITY may from time to time designate by written notice delivered to TENANT. Section 2.02 Annual CPI Adjustment to Minimum Rent The parties agree that on the first day of July 1993 after the date hereof and each July 1 thereafter the minimum guaranteed annual rental shall be increased or decreased in direct proportion to any upward or downward movement from the Consumer Price Index for January 1, 1991, which is hereby agreed to be 140.0 The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Long Beach - a Anaheim, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1982-84 Base Year = 100 (hereafter called Index.) The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. The minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%. Therefore the minimum guarantee annual rental then being paid by TENANT would be increased by 4.62t commencing July 1, 1987 and continuing at that rate until June 30, 1988.) If the United States Department of Labor, Bureau of Labor Statistics, shall cease to compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used for the purpose of adjusting the minimum rental for the leased premises. Section 2.03 Five Year Calculation for New Minimum Rent On July 1, 1997 and on July I of each five year period thereafter, a new minimum guaranteed annual rental shall be calculated as follows: A. A reasonable time prior to the . end of the fifth year and of each five-year period thereafter, an appraisal shall be made of the fair market value of the leased premises, excluding fixtures and improvements unless such are expressly included in the description of the leasehold hereinabove. CITY, at its own cost and expense, shall retain an independent qualified appraiser acceptable to TENANT for determination of the fair market value of said premises. If the parties are unable to agree upon a mutually acceptable appraiser then each party shall select one member of a three member committee. The two so selected members shad select the third member and t committee S /�; 4 shall by majority vote select an independent professionally designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute), SRPA (Senior Real Estate Analysis), to appraise the fair market value of the leased premises. In the event that the appraisal process is not concluded on or before the five year adjustment date, the rent shall be adjusted retroactively to such five year adjustment date as set out hereinbelow when said appraisal process is completed. B. The total rent paid including both the minimum guaranteed annual rental and the percentage of gross sales for each year within the applicable five year period shall be averaged to produce the average annual total rent paid. C. The new minimum guaranteed annual rental for the next ensuing five-year period shall be the greater amount of seventy-five (75) percent of the average of the total yearly rent paid during the previous five year period (as set out In paragraph B. above) or eight (a) percent of the fair market value of said premises (as established in paragraph A. above.) The new minimum guaranteed annual rent figure shall be divided by two to determine the semiannual payments and shall be paid by TENANT to CITY on the first of each July and January thereafter. This new minimum rent shall be adjusted each following year in proportion to any change in the Consumer Price Index as set out in Section 2.02 herein above. Section 2.04 Percentage Rental A. Commencing July 1, 2018, in addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to that percentage of TENANT'S gross sales, hereinafter defined, as shown on Exhibit B, attached hereto and incorporated herein by reference, less the amount of the minimum guaranteed rental paid pursuant to section 2.01, 2.02, and 2.03 herein above. B. The term "gross sales," as used herein, shall (subject to the exception and authorized deductions as hereinafter set forth), mean the total selling price and the total gross amount received by TENANT from all rentals, merchandise sold and services rendered in, on or from said premises by TENANT, his sublessees, licensees, or concessionaires, both for cash and on credit including, but not limited to, rentals of dockage space, leasing and servicing operations and ticket sales, and if on credit whether. or not payment be actually made therefore, all \\� charges for services, alterations or repairs made in or upon Y r YYYY said premises; the gross amount received by TENANT for l merchandise sold pursuant to orders received in said S1 1�1 I��JI 5 premises, though filled elsewhere; and the gross amount received by TENANT from any and all other sources of income derived from the business conducted upon said premises. C. Notwithstanding the provisions of Section 2.04 A. of this lease, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to the extent they have been included therein or have been included in a prior computation of "gross sales" or for which a percentage rental has been paid under this lease to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged; and . ,(,2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this article because a part of the total selling price of merchandise or services rendered in, from, or on said premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. - (3) Rental payments to TENANT from sublessees whose total gross sales are included in gross sales computations. D. TENANT shall keep or cause to be kept full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing the total amount of gross sales, as defined herein, made each calendar month in, on or from said premises. TENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale and in the presence of the customer cause the full selling price of each piece of merchandise, each rental received and each service rendered in, on or from said premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in accordance with standard commercial practices, said records, books of account and cash register tapes, including any sales tax reports that TENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other authorized representative or agent of CITY. TENANT consents to .the release of sales tax information to CITY and on demand will furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for confidential internal use of the CITY in determining gross sales for TENANT. TENANT consents and authorizes CITY to request such information directly from ,n the State Board of Equalization or other state agency with .WV•• which sales tax information is filed. E. By July 31, 2019 and July 31, of each year thereafter, TENANT shall furnish CITY with a statement, to e becertified •TENANT as current, true and accWa, which 017 1,/ • G shall set forth the gross sales (as defined herein) of each department, sub -lessee, licensee and concession operating in, on or from said premises for the previous twelve (12) calendar months, ending June 30, just concluded, and the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an audit of sales of TENANT'S business to be made by a public accountant, TENANT shall furnish CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any calendar year, cause an audit of the business of TENANT to be made by a public accountant of CITY'S own selection. TENANT shall, upon receiving written notice of CITY'S desires for such an audit deliver and make available all such books, records and cash register tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit disclose that the questioned Statement or statements understated gross sales by five percent (5%) or more but less than ten percent (10%). TENANT shall also immediately pay the additional rental with interest, therein shown to be payable by TENANT to CITY. Otherwise the cost of such audit shall he paid by CITY. in the event that an audit or other review of records discloses that the amounts reported as gross sales was understated by TENANT by ten percent (10%) or more, CITY shall not only be entitled to recovery from TENANT all costs of audit and review but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage of gross sales rent due pursuant to this lease on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the statement or statements furnished by TENANT to justify the same. For the purpose of enabling CITY to check the accuracy of any such statement or statements, TENANT shall for said period of five (5) years after submission to CITY of any such statement keep all of TENANT'S records, including sales tax returns, all cash register tapes and other data which in any way bear upon or are required to establish in detail TENANT'S gross sales of merchandise and services and any authorized deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. Section 2.05 5ecurity DeAesit TENANT shall deposit with CITY, and at all times hereafter maintain, a security deposit in the initial amount of twenty-five (25) percent of the minimum annual rent, and concurrently with adjustment of minimum annual rent, adjust 9 7 said deposit each year to twenty-five (25) percent of the then current minimum annual rent. The security deposit shall be paid in cash and shall guarantee TENANT'S full and faithful performance of all the terms, covenants, and conditions of this lease. If at any time during the term of this lease, any rent, insurance policy, or any other sum payable to CITY shall be overdue and unpaid, CITY may, at CITY'S option, apply any portion of this security deposit to the payment of any overdue rent, insurance policy, or any other sums due and payable to CITY under this lease. Should the entire security deposit or any portion thereof, be appropriated and applied by CITY for the payment of overdue rent, insurance policy, or any such other sum. due and payable to CITY by TENANT, then TENANT shall within thirty (30) days after written demand by CITY restore said security deposit to the required amount. At the end of each fiscal year of the CITY, the CITY'S Finance Director shall determine the amount of interest which would have been earned that year had such security deposit been deposited with Mid State sank in Morro Bay in a regular passbook account and shall credit to TENANT that amount towards TENANT'S payments then due to CITY. The security deposit shall be returned to TENANT at the end of the lease term, or upon earlier termination of this lease, provided TENANT is not then in default and has performed its obligations required by this lease. CITY shall have the right to commingle said security deposit with other funds of the CITY. section 2.06 Peest A. If any rent is not received within ten days following the date on which the rent first became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in addition to the rent. B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (It) per month or fraction thereof or the maximum amount permitted by law as of the date this lease is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date on which rent first became delinquent until paid. The term "rent" includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the CITY. Article 3 USE OF PREMISES Section 3.01 Permitted Ise Said premises shall, during the term of this lease, be used for the purpose of operating and conducting thereon and therein the following: Food service cocktail bar. boat E marine equipment rentals boat sales 6 services marine SbipBlies and fuel sales slip and moor'na r r YV operation of sport and commercial fishing vessels,J /��� wa ervice sewa o.di t r e a i t'o C✓- 6 R 14 �^1 a facllitV aPneral retgil sales and marine research and for uses normally incident to and directly allied to such purpose and for no other purpose. Section 3.02 Llnanjtbgrized Use TENANT agrees to allow only those uses authorized in section 3.01 herein above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of CITY termi.nate this lease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use, which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until the unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rental, shall, not, in any way be deemed a waiver nor estoppel of CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any other remedies available at law or equity. In the event the parties cannot agree on whether a use is authorized by this lease, the parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3.03 Operation of Busine s - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall, at the option of CITY terminate this lease. A. TENANT shall during the term of this lease conduct business of the nature specified in section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises open for the conduct of business continuously and without interruption for at least six hours each day of the year except one day each week and legal holidays. This provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary minor or major repairs, \ maintenance or other construction deemed necessary by p, TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY Administrator or on account of strikes, walkouts, or causes beyond the control of TENANT or for not over three (3) days ���� 9 out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT. N. TENANT shall operate TENANT'S business on said premises with due diligence and efficiency and in like manner as comparable businesses in CITY or coastal area are operated, so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT'S business; and TENANT at all times shall carry on said premises, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. Section 3.04 ompet ±t Lgn .'During the term of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of said premises, provided, however, that TENANT may, with prior written approval from CITY, own or operate more than one business, whether or not competing and similar along the Embarcadero upon CITY lease sites. The purpose of this section is to prevent and prohibit TENANT from reducing revenue to CITY by diverting business from his lease site operation to another similar business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 3.05 Tidel-ands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. Section 3.06 Compliance with Law TENANT shall, at his sole cost and expense, comply with all of the requirements of all local, municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding against TENANT, whether CITY be a party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in the use of the premises shall be conclusive of that fact as between CITY and TENANT. Section 3.07 Waste oNuisance TENANT shall not commit or permit the commission by others -of any waste on said premises; TENANT shall not If•' ` v maintain, commit, or permit the maintenance or commission off/ any nuisance as defined by law on said premises; and TENANT ( '"`v /f 0 10 shall not use or permit the use of said premises for any unlawful purpose. Article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed fifteen thousand ($15,000) dollars, without the written consent of CITY first had and obtained as follows: Prior to the commencement of any phase of future construction, TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the leased premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction, and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. Where required by the Morro Bay Municipal Code, California coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction, alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $25,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and installation of improvements on the leased premises. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the faithful performance of TENANT or his contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the l 1. performance of labor or services on, or the furnishing of materials for, the performance of said construction. In lieu of the above referenced bonds, TENANT may post cash deposits or may make other mutually satisfactory arrangements to guarantee the completion of construction projects. In the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. section 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all buildings and improvements now or hereafter located on said premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT further agrees to at all times, save CITY free and harmless and indemnify it against all claims for labor or materials in connection with any improvement, repairs, or alterations on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said premises to be released from such liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT shall upon written notification be required to immediately deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed, such bond shall be acknowledged by TENANT as principal and by a company or corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. • The beneficiary of any security instrument which instrument is on record with CITY, shall have the right to file such a bond on behalf of TENANT. Section 4.04 Ownship of Improvemen s The parties agree that at the termination of this lease, however occurring, TENANT shall have 60 days thereafter to remove all structures, facilities, installations, improvements and other property belonging to TENANT from the leased premises. The parties further agree that CITY also has the option and right to require TENANT to remove all structures, installations, improvements of any kind or other property belonging to or placed upon the leased premises by TENANT at the termination of this lease, however occurring, providing CITY gives notice, in writing, no later than 30 days prior to the termination of the lease, of its decision to require that such improvements be removed. If CITY exercises such option .and TENANT fails to remove such installations or I improvements within 60 days after the termination of this `� lease, CITY shall have the right to have such installations or improvement removed at the expense of TNT• ifC / ^ /�- 0 • 12 neither TENANT nor CITY exercise its option to remove or require the removal of as the case may be the improvements and installations, then title to such .installations, structures and improvements shall vest in CITY and TENANT shall not remove same. Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the property of any default in the performance of the lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same. Article 6 REPAIRS, MAINTENANCE AND RESTORATION Section 6.01 Kaintenan._ by TFHANT At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain said premises and all improvements now or hereafter on said premises in good order and repair and in a safe and clean condition. Furthermore, TENANT shall, at TENANT'S own cost and expense, maintain at all times during the term of this r lease the whole of said premises as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, tidy, orderly and attractive condition. CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost and expense, in the event TENANT fails to clean and clear said premises in accordance with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY of CITY's intent to exercise this option. Section 6.02 Seawalls and Revetment At all times during the term of this lease, TENANT shall at TENANT'S own cost and expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, seawalls, revetment, piers, posts and any structures or other improvements located in the water portion of the lease premises. Further TENANT shall at TENANT'S own cost and expense conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. Section 6.03 Requiremen s of Governmental Agencies At all times during the term of this lease, TENANT, at TENANT'S own cost and expense, shall: (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, CITY or other governmental agency or ����n,�pppp�/',,,, entity;. r i _ l (2) observe and comply with all valid laws, �7 ordinances, statutes, orders, and regulations now or C hereafter made or issued respecting said premises or theimprovements xy or facilities located thereon; rw Id 13 (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law prior to the instigation of any repair or maintenance activity. (4) Indemnify and hold CITY and the property of CITY, including said premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from TENANT'S failure to comply with and perform the requirements of this section. Section 6.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the leased premises until such repairs are completed and accomplished and the premises rendered safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. section 6.05 TENANT'S Duty to Restore Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of CITY, this lease shall continue in full force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building, buildings, improvement, or improvements according to the original plan thereof or according to such modified plans therefore as shall be approved in writing by CITY. The work of repair and restoration shall be commenced by TENANT within one hundred eighty (180) days after the damage or destruction occurs and shall be completed with due diligence not longer than one (1) year after the work is commenced. In all other respects, the work of repair and restoration shall.be done in accordance with the requirements for original construction work on said premises set forth in Article 4 of this lease. Section 6.06 Inspection by CITY TENANT shall permit CITY or CITY'S agents, representatives, or employees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect CITY'S interest in said premises under this lease or to perform CITY'S duties under this lease. Section.6.07 Option to Terminate Lease for De9truQtlon Notwithstanding the provision of Section 6.05 of this II lease, TENANT shall have the option of terminating this 4� lease on the,6st calendar day of any month bygiving CITY ��(✓ I-l1�/ 14 at least thirty (30) days prior written notice of TENANT,s intent to do so and by removing, at TENANT'S own cost and expense, all debris and remains of the damaged improvements from said premises where: (1) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last fifteen (15) years of the term of this lease that they cannot be repaired and restored as required by section 6.05 of the lease at a cost not exceeding thirty- five (35) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately Preceding the calamity damaging or destroying the damaged buildings or improvements, located on said premises. (2) Any buildings or improvements now or hereafter on said premises are so ,damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last ten (10) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of this lease at a cost not exceeding fifteen (1.5) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged or destroyed buildings or improvements, located on said premises. Section 6.08 Apbllcation of InB-urance rP o eed,s Any and all fire or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any buildings or improvements on said premises shall be paid to TENANT and applied by TENANT toward the cost of repairing and restoring the damaged or destroyed buildings or improvements in the manner required by Section 6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by section 6.07 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said premises, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction: (1) Shall be applied first toward the reduction of the unpaid principal balance of the obligation secured and discharging said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 of this lease; and (2) Then the balance of the proceeds, if any, shall be D Paid to CITY to compensate CITY, at least in part, for the YV• loss to its fee estate of the damaged or destroyed buildings , or improvements. 15 Article 7 INDEMNITY AND INSURANCE Section 7.01 2_NcjeynLty Agreement TENANT shall indemnify and hold CITY and the property of CITY, including said premises and any buildings or improvements now or hereafter on said premises, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or by any person who is an employee or agent of TENANT, from any cause whatever while such person or property is in or on said premises or in any way connected with said premises or with any of the improvements or personal property on said premises; (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT, caused or allegedly caused by either (a) the condition of said premises or some building or improvement on said premises, or (b) some act or omission on said premises of TENANT or any person in, on, or about said premises with or without the permission and consent of TENANT; (3) Any work performed on said premises or materials - furnished to said premises at the instance or request of TENANT or any person or entity acting for or on behalf of TENANT. (4) TENANT'S failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any duly authorized governmental agency or political subdivision. Section 7.02 Liability Tncn ranee TENANT shall at TENANT'S own cost and expense, secure promptly after the execution of this lease and maintain during the entire term of this lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, TENANT'S business automobile coverage and property damage insurance, each with the combined single limit'of not less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California, and which shall �7 list CITY as the named primary additional insured, without offset .to CITY'S policies as respects all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said c. policies m4e for such period as shall be W.gnated by PV • 16 TENANT; provided however, that within two (2) months prior to the expiration date of such insurance terms, TENANT shall procure other policies of said insurance so that between the execution of this lease and the commencement of the lease term, and throughout the entire lease term or any renewal thereof, or until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits for insurance required by this lease/ but every such increase shall be reasonable under the circumstances and in no event shall such increases more than double in any ten year period, except as required in Section 7.04. Section 7.07 Worker's Compensation TENANT shall maintain at TENANT'S own expense and keep in full force and effect during the term of this lease, Worker's Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation rights against CITY. Section 7.04 Fire and Casualty InSurance TENANT shall, at TENANT'S own cost and expense, at all times during the term of this lease keep all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, insured for ninety (90) percent of their full insurable value by insurance companies authorized to issue such insurance in California against loss or destruction by fire and the perils commonly covered under the standard and special form endorsement to fire insurance policies in the CITY of Morro Bay. Any loss payable under such insurance shall be payable to TENANT, CITY, and any Lender under an encumbrance incurred by TENANT pursuant to Article 5 of this lease as their interests may appear. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 6.08 of this lease. Section 7.05 OV99ific Perils to be Insured Notwithstanding anything to the contrary contained in Section 7.04 of this lease, the insurance required by Section 7.04 of this lease shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements, and other structures on said premises, as well as any and all �r additions thereto, against loss or destruction by water damage, • windstorm, cyclone, tornado, hail, explosion, riot,-1 r[, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by f�l/ir/_ 17 Section 7.04 of this lease during the r_nnstruction of said building project described in Article 5 shall have course of construction, vandalism, and malicious mischief clauses attached insuring said project during its construction and all materials delivered to the site of said building project for their full insurable value. Section 7.06 Pep-0—sit Pep-0-sitof Insurance with CIT_j1 TENANT shall within ten (10) days after the execution of this lease and promptly thereafter when any such policy is replaced, rewritten, or renewed deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of each insurance policy required by this Article of this lease and an endorsement to the policy and a certificate executed by the Insurance company or companies or their authorized agent evidencing such policy, or policies. Section 7.07 ltotice of cancellation of n n ante Each insurance policy required by this Article of this lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to CITY in the manner required by this lease for service of notices on CITY by TENANT. Section 7.08 No Subrogation Each insurance policy required under this lease including those insuring TENANT against claims, expense, or liability for injury to persons or. property shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability, or business interruption. TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. Article 8 TAXES AND UTILITIES Section 8.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the lease premises by reason of said lease or of any equipment, appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises. TENANT shall pay all possessary interest taxes applicable to the lease premises. (1j/i/�.'y/, ,llp7�.• Section 8.02 TOANT to Pav License and PErmit Fees TENANT shall pay any fees imposed by law for licenses 1I or permits for any business or activities including construction TENANT upon the leased premises �! , 10 Section 6.03 utilitieK TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including said premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and for other public utilities to said premises during the term of this lease and for the removal of garbage and rubbish from said premises during the term of this lease. Article 9 CONDEMNATION Section 9.01 Total Condemnation If title and possession to all of the premises is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this lease shall terminate on the date that possession of the premises is taken, and both CITY and TENANT shall thereafter be released from all obligations including, rent which shall be prorated to the date of termination, except those specified in Section 9.02 of this lease. Section 9.02 Condemnation Award Any compensation or damages awarded or payable because of the taking of all or any portion of said premises by eminent domain shall. be allocated between CITY and TENANT as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said premises shall be paid to and be the sole property of CITY free and clear of any claim of TENANT or any person claiming rights to said premises through or under TENANT. (2) All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will" of TENANT'S business shall be paid to and be the sole property of TENANT. (3) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where only a portion of said premises is taken by eminent domain and TENANT is not entitled to or does not terminate this lease shall be applied in the manner specified in Section 9.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said premises. (4) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said premises is taken by eminent domain, shall be allocated between CITY and TENANT as follows: (a) That percentage of the compensation or damages awarded or payable because of the improvements that equals �l the percentage of the full term of this lease that has, at K- IJ VY IW, the time of the taking, not expired shall belong to and be the sole property of TENANT. (b) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, expired shall belong to and be the sole property of CITY. (c) The term "time of taking" as used in this subparagraph shall mean 12:01 a.m. of, whichever shall first occur, the date title or the date physical possession of the portion of said premises on which the improvements are located is taken by the agency or entty exercising the eminent domain power.. '(5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be: (a) The sole and separate property of TENANT during the first ten (10) years of the term of this lease; (b) Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this lease, between CITY and TENANT during the eleventh (llth) to thirtieth (30th) years of the term of this lease; and (c) The sole and separate property of CITY during the last ten (10) years of the term of this lease. Section 9.03 Termination for PArtial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken for any public or quasi -public use under any statute, or by right of eminent domain, TENANT may, at TENANT'S option, terminate this lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual physical possession of the portion of said premises taken for such public use. This lease shall terminate on the first day of the calendar month following the calendar month in which the notice of termination described in this section is served on CITY. On termination of this lease pursuant to this Article, all sub- leases and sub -tenancies in or on said premises or any portion of said premises created by TENANT under this lease shall also terminate and said premises shall be delivered to CITY free and clear of all such sub -leases and sub - tenancies, provided, however, that CITY may, at CITY'S option, by mailing written notice to a sub -tenant allow any n'n sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. On termination of this lease pursuant to this section, however, ,( S both CITY and TENANT shall be released from all obligations, except those specified in Section 9.02 of this lease, under this lease 0 0 / `, 20 Section 9.04 Lient Ak_�ig]nyDt_ oar Partial Takinn Should, during the term of this lease, title and Possession of only a portion of said premises be taken under the power of eminent domain by any public or quasi -public agency or entity and TENANT does not terminate this lease, then this lease shall terminate as to the portion of said Premises taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises and do all other acts at TENANT'S own cost and expense required by the eminent domain taking to make the remaining portion of said premises fit for the use specified in this lease. Section 9.05 1Cgnvevance In Lieu of Eminent Domain A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to all or such portion of said premises under the power of eminent domain subject to the provisions of this Article. Article 10 ASSIGNMEN'T AND SUBLEASING Section 10.01 No AssianMgnt Without CiTY'S Consent Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was granted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this lease and said party does �' 21 hereby agree to maintain active control and supervision of the operation conducted on said premises. Section 10.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association, or a partnership, or should TENANT`S interest in this lease be assigned to a corporation, an unincorporated association, or a partnership, pursuant to Section 10.01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused •by the shareholder's death shall be excepted from this provision. Section 10.03 Application for Assianment A condition of an assignment shall be TENANT shall file with the CITY an application to assign the leasehold prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignee's qualifications as a permitted assignee. CITY shall not be required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY'S auditor, or other authorized representative or agent. Section 10.04 Probate Transfer or Assignment Nothing herein contained will prevent the transfer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended. Probate sale of the leasehold interest will not be permitted without the consent of the CITY, evidenced by resolution, first had and obtained. Section 10.05 No Sublease Without CITY'S Consent TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased premises, or any portion thereof, without the written Y�y� consent of CITY evidenced by prior approval of the Harbor Director, provided the proposed use is within the permitted�� 9 art -J,, -� i" 22 uses of this agreement. A consent to one subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent subletting, occupation, or use by another person. Any such subletting without CITY'S written consent shall be void, and shall at CITY'S option, terminate this lease. City shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06 Term of Sub -lease In no event shall the term of any sub -lease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease term shall also terminate any and all sub -leases, provided, however, that CITYmay, at CITY'S option by mailing written notice to a sub -tenant, allow any sub -tenant to attorn_ to CITY and continue his or her occupancy on said premises as a TENANT of CITY. Section 10.07 Sub -Tenant Subjeqt to Lgasg T rm Any and all sub -leases shall be expressly madesubject to all the terms, covenants, and conditions of this lease. A breach of the terms of this lease by a sub -tenant or sub- lessee shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a sub -tenant under the terms of this lease. Section .10.08 Consent Form Agreement Prior to any consent by CITY to any sub -lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that any default by the sub -lessee of any of the terms, covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation, including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all monies received from any sub -tenant first to the payment of obligations of the sub - TENANT to CITY. Section 10.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily and jointly and severally liable to CITY for all obligations due CITY by any sub- II5 �tL lessee, including the payment of rents, and TENANT shall{ ,p 23 agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -lessee. Section 10,10 ExceDti.on for Boatslips Motels Notwithstanding any provisions herein to the contrary, the terms "assignment," "subletting," "occupation," or "use," shall not be construed or interpreted to mean or Include the temporary, short term renting or leasing of boat slips, motel, hotel, or apartment accommodations on the premises. Article 11 DEFAULT AND TERMINATION Section 11.01 Abandonment by TENANT Should TENANT breach this lease and abandon said premises prior to the natural expiration of the term of this lease., CITY may continue this lease in effect by not terminating TENANT'S right to possession of said premises, In which event CITY shall be entitled to enforce all CITY•S rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02 Termination for Breach by T NANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process, provided however that whore fulfillment of any such promises, covenants, conditions, or agreements requires activity over a period of time, and LESSEE has commenced to perform whatever may be required to cure the particular default, CITY will not exercise any remedy available to it hereunder so long as TENANT diligently continues to pursue the performance of whatever may be required to cure the default Section 11.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall not be cured within ten (10) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further � right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. 0 0 24 Section 11.04 geneficiary may Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof, which said period shall be computed from the date said notice is mailed by the CITY to said beneficiary, by registered mail. Section 11.05 Burney Fees for Breach not Resulting in Court Action In the event the CITY finds it necessary to retain an attorney in connection with the default by the TENANT or enforcement of any of the terms, conditions, and covenants of this lease, even though not resulting in an action in court, TENANT shall pay reasonable attorney s fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice shall give rise to an independent legal action by CITY to collect same. If CITY is successful in such legal action CITY shall also be entitled to attorney fees and costs for the collection action. Section 11.06 Damages for Breach Should TENANT default in the performance of any covenant, condition or agreement contained in this lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: (1) Bring an action to recover from TENANT: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and (d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to re- enter and regain possession of said premises in the manner n Q provided by the laws of unlawful detainer of the State of California then in effect. Section 11.07 Cumulative Remedies ) J The remedies given to CITY in the Article shall not be exclusive but shall he cumulative with and in addition to /y it (A/ M1 all remedies now or hereafter allowed by law and elsewhere provided in this lease. Section 11.08 Waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this lease. Section 11.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises, all improvements in or .r on said premises, and all facilities in any way appertaining to said premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article 12 MISCELLANEOUS Section 12.01 Attornev's Fees Should any litigation be commenced between the parties to this lease concerning said premises, this lease, or the rights and duties of either in relation thereto, the party, CITY or TENANT, .prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 12.02 NotiQQ5 Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. They shall be served either personally, or by registered or certified mail. Any notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City Hall, Morro Bay, California. Any notice or demand to TENANT may be given at: Don Appling, Stan Trapp and Gerald Sullivan 255000 Road 204 Exeter, CA 93221 (209) 592-3174 Such addresses may be changed by written notice by either party to the other party. Section 12.03 GoverningLa5; This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Section 12.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly an verally liable hereunder. ` J 26 Section 12.05 Partial Invalidity Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 12.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between CITY and TENANT respecting said premises, the leasing of said premises to TENANT, or the lease terms herein specified and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this Instrument are null and void. No modification, amendment, or alteration of this. lease shall be valid unless it is in writing and signed by both parties. Section 12.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the PAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not be modified by oral statements by any person representing the CITY including the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral waivers, or purposed oral modifications and agrees not to rely upon purported written modifications unless they meet the requirements of this paragraph and are approved in writing pursuant to formal City council action and a subsequent written modification signed by the MAYOR and CITY CLERK. Section 12.08 Time of Essence Time is expressly declared to be the essence of this lease. Section 12.09 Memorandum of Lease for Recording Neither party, CITY or TENANT, shall record this lease without the written consent of the other. However, CITY and TENANT shall, at the request of either at any time during the term of this lease, execute a memorandum or "short farm" of this lease for purposes of, and in a form suitable for, being recorded. The memorandum or "short form" of this lease shall describe the parties, CITY and TENANT, set forth a description of the leased premises, specify the term of this lease, and shall incorporate this lease by reference. Section 12.10 Termination for Unglear Disas e This lease may be terminated by TENANT by ten day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or C J the declaration of war by the United States of America. 27 Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE The following provisions apply to this lease site only: Section 13.01 Termination of Prior Lease CITY and TENANT hereby mutually agree that that lease between A.R. and Barbara Baynham and City dated November 26, 1969 for lease sites 75-77/75W-77W and which lease has since been assigned to TENANT is hereby terminated and dissolved. Section 13.02 Tenant to Provide Public Restrooms TENANT shall provide public restrooms on the site which at a a minimum shall provide one sink and one toilet for each sex to be open and available to the public during the period any businesses on the site are open. TENANT agrees that the public restrooms will at all times be maintained in a safe and sightly manner and fully stocked with supplies sufficient for public demand at no cost to the city and that CITY shall have no, responsibility for maintenance or operation of the public restrooms on the site. TENANT further shall designate the restrooms and direct the public to the restrooms with signage on the premises to the reasonable satisfaction of the city's Harbor Director. Section 1.3.03 Tenant to Provide Marine Fuel Dock and Pump Out Station TENANT agrees to provide for a marine fuel dock facility by installing on site, an underground double walled tank certified for petroleum based fuels. Since there are at present facilities existing within the harbor which are currently fulfilling the need for marine fuel, and since that market is limited at this time, the facility referred to in this lease will not be required to be made fully operationalat this time, but may be made so at TENANT's option. In the event such a facility does become operational, it will remain open for sale of fuel to the boating public for the hours usual and customary for this type of facility in this area. TENANT further agrees to provide a vessel pumpout at the station for removing waste from vessels into the City sewer system. This facility will be available free of charge to users of TENANT's slips and moorings and at a nominal charge to the boating public, and will be operational and available during normal working hours. Section 13.04 Coastal Dependent Uses TENANT shall maintain coastal dependent or coastal related land uses on not less than twenty percent of the project's total floor area to be constructed on the site of Phase I and Phase II. For the purposes of this requirement marina support facilities which include, but may not be limited to, marina restrooms, laundry, lockers, etc. shall be considered a coastal related use and the total area of �l the marine fuel dock will be considered a coastal dependent use. �I ++ E E WJ Section 13.05 Ti.meframe for Completion of Improvements CITY and TENANT agree that TENANT will construct the improvements as outlined in CITY CUP 39-86 in two phases and that TENANT will construct the improvements on the premises of this lease as Phase I of the construction and will complete such Phase I construction within fifteen months. TENANT agrees to construct and complete the improvements on the leased premises as outlined in CITY CUP 39-86 by October 1„ 1992 and that failure to complete and receive the certificate of occupancy for the improvements by that date will be a breach of this agreement. TENANT further agrees that any violation of the conditions for approval of CUP 39-86 will be a violation of this lease agreement. TENANT shall complete the following tasks by the dates shown and failure to comply with CUP 39-86 or meet the time deadlines outlined shall be grounds for termination of this lease agreement. June 30, 1991 Commence demolition of existing improvements on the lease site and initiate removals/replacement of existing fuel storage tanks. December. 1, 1991 Complete demolition of existing improvements and commence construction of the improvements. October 1., 1992 obtain certificate of occupancy for improvements on the lease site. TENANT shall provide CITY with a copy of the certificate of occupancy and one copy of as built plans of the improvements. TENANT shall take all measures available during the construction of improvements to: 1. Avoid any pollution of the atmosphere or littering of land or water by or originating in or about the premises or caused by TENANT's construction activities; 2. Keep the noise level on the premises to a minimum so that persons in the neighborhood will be able to comfortably enjoy business and facilities in the area; 3. Prevent any pollutants including petroleum products from entering Morro Bay; 4. Avoid negative impacts on surrounding businesses; 5. Avoid parking or traffic delays or impairment without prior consent of the CITY; 6. Keep the construction site in a sightly, orderly and safe manner at all times. TENANT shall not store or allow any equipment or materials to remain on public properties during construction of improvements. TENANT shall use all caution in repairing, replacement or removal of the existing fuel dock facilities and tanks and specifically holds CITY harmless in regards to any pollution or contamination or injury resulting from TENANT'S operation or construction on the premises. C-r 29 Section 13.06 Rental Rates During Construction Period To allow for construction of improvements as outlined above, the rent for the period of this lease from July 1., 1991 to June 30, 1992 will be $1,500 a month payable on the first of each month in advance. After June 30, 1992 rent shall be as outlined in Article 2 of this lease. Section 13.07 Amendment to Section 2.06 Security De op sit In recognition of their long term meeting of financial obligations with the CITY, no Security Deposit is required from these tenants. Upon transfer or assignment of interest in these Lease Sites from, Don Appling, Carol Trapp or Robert Waterman to any other party or parties, this waiver. of Security Deposit detailed within Section 2.06 of this lease agreement shall immediately become due and payable. Section 13.06 General Rent Renegotiatign and Arbitration In lieu of the five year calculation of new minimum rent for the date of July 1, 2012 as provided for in Section 2.03 hereinabove the rental for this lease shall be adjusted by TENANT and CITY in accordance with the standards of and for fair market value as hereinafter provided, at some time not more than nine (9) months and not less than six (6) months before the beginning of July 1, 2012. The minimum annual rental and percentage rental, including the schedule of percentage rentals attached as "Exhibit B" hereto, shall be adjusted for the remaining term of this lease as follows: CITY and TENANT shall meet and attempt to mutually agree upon an adjustment to the rents. In the event TENANT and CITY cannot agree upon the adjustment to the rentals, CITY and TENANT shall convene a committee of three (3) independent qualified real estate appraisers as, one of whom shall be appointed by CITY, one by TENANT, and the third by the two (2) appraisers so appointed. I£ the rents have not been adjusted by mutual agreement within the three month period above prescribed, CITY shall give to TENANT a written notice of any unresolved issues and nominating the person to act on said committee on behalf of CITY. Within fifteen (15) days from the service of such notice, TENANT shall appoint its real estate appraiser and notify CITY of such appointment. The two so appointed members shall select the third member and this committee shall by majority vote select an independent professionally designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute) or SRPA (Senior Real Estate Analysis). The independent professionally designated appraiser shall, immediately upon appointment, enter upon the discharge of his/her duties and determine the amount of adjusted rents and notify the parties thereof in writing within sixty (60) days after his/her appointment. The real estate apPO ser may adjust such rents, such0justm7 t to 0 30 be based upon a determination of the fair market value of the lease, taking into consideration the uses permitted thereunder and all of its terms, conditions, and restrictions, franchise value, earning power, and all of the factors and data relating to such value required or proper to be considered in determining the fair market value of leaseholds under the laws of eminent domain in the State of California. Notwithstanding the renegotiation and arbitration provisions of this Section 13.08, the minimum annual rental under this lease shall never be lower than seventy five percent (75%) of the average of the total yearly rent paid during the previous five year period. If for any reason said adjusted rents shall not be finally determined until after the beginning of July 1, 2012, TENANT shall continue to pay rentals at the former rate as a credit against the amount of the adjusted rents when finally determined; provided, however, that the amount fixed as the readjusted rentals shall accrue from July 1, 2012 and proper adjustment shall be made for payments made by TENANT at the former rates during said interim. The costs and expenses of each of the two (2) real estate appraisers appointed by the parties shall be borne by the party so appointing. Costs and expenses of the third real estate appraiser and those of the independent professionally designated appriaser who shall determine the rental adjustment shall be equally divided between the parties. After the July 1, 2012 general rent renegotiation and arbitration, minimum annual rental shall again be adjusted every five years as outlined in Section 2.03 hereinabove. Section 13.09 Records Kept Outside of County Because of TENANT's unique situation, and in exception to Section 2.04D, TENANT may, upon notification to CITY, keep the books and records herein required in a location outside San Luis Obispo County. TENANT shall notify CITY in advance of the exact location where such books and records are to be kept and shall return said records to the City of Morro Bay upon the City's request to allow CITY to inspect same. EXECUTED on _June 26 19 91 at Morro Bay , San Luis Obispo County, California. CITY, OF MOR O HAY TENANT ROSE MARIE SHE Z, YOR DON APPLIPA7N1ER ATTEST: ARDITH DAVIS, CITY CLER CAROL TRAPP, PA TIER Approved as to Form JJUY SEC, SEN CITY ATTORNEY ROHROH R�RMAN P TE ARTNER/� it Exhibit A l y � w i � �Fl• �..� .rE h.ti m „ �. n L k d IL� ."n I of J� • i r "J Ily- f 0 EXHIBIT B FOR D AN) WATER LEASE SES %GROSS SALES FOOD SERVICE: Restaurant, Dining Room 3 5 Snack Bar, Delicatessen, Fast Food, Convenience Food 5 Bar/Lounge 10 RETAIL SALES & SERVICE: Tenant 5 5 Sub -Lessee FISH & SEAFOOD: Retail Sales 5 0.5 Wholesale Sales MOORINGS, TIES & SLIPS: Pier/Fixed Piles 10 10 Pier/Floating 5 BOAT & MARINE REPAIR: Gasoline $0.02/gal. FUEL: $0.015/gal. Diesel 10 ART OBJECTS & PAINTINGS: MOTEL, OTHER RESIDENTIAL OR VISITOR ACCOMODATION 10 FACILITIES: 0.2 CONSTRUCTION-DFFSITE: 10 OTHER 5 SPORTFISHING: percentage Rental is to be based on the gross amount received from any and all sources of income derived from the lease site. 0 0 RESOLUTION NO. 71-51 APPROVING AN AGREEMENT TO PURCHASE TAX -DEFAULTED LAND ASSESSOR'S PARCEL NO. 65-113-066 190/198 MINDOR❑ STREET L... N._E...,.....C.....I..._T.....Y.........C....D.....U...N..._C.....I .._L...... City of Morro Bay, California WHEREAS, the real property located at 190/19B Mindoro Street in the City of Marro Bay, County of San Luis Obispo, State of Calif- ornia, also referred to by Assessor's Parcel No. 65-113-066, is subject to the Power of Sale for the nonpayment of delinquent taxes; and WHEREAS, said real property is now vacant and unused; and WHEREAS, said real property is useful to the City of Morro Bay for the purpose of relocating an existing booster pump Facility in the municipal water distribution system; and WHEREAS, the City of Morro Bay desires to acquire said real property through "Chapter 8 Sale" (Sale of Agreement) in accord- ance with the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Morro Bay as follows: 1. The City Council approves the Agreement to Purchase Tax - Defaulted Land for the above -said real property referred to as Assessor's Parcel No. 65-113-066. 2. The City Administrator is authorized and directed to execute all necessary documents related to said purchase and to submit said documents to the County of San Luis Obispo. PASSED AND ADOPTED bg the City Council of the City of Morro Bay at a regular meeting thereof held on this 21th day of June, 1931 by the following roll call vote: AYES: Baker, Luna, Mullen., Wuriu; Sheetz NOES: None ABSENT: None ADS MAR11, IE 1. EEIZ, yor ATTESI: ARDIIH DAVIS, City Clerk 0 RESOLUTION NO. 70-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE 1.991-92 AGREEMENT FOR ANIMAL CONTROL SEVICES WITH THE COUNTY OF SAN LUIS OBISPO THE CITY C O U N CI L City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of contracting with the County of San Luis Obispo for animal control, regulation, and enforcement services within the Morro Bay corporate limits; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the 1991-92 Agreement for Animal Control Services with the County of San Luis Obispo, a copy of which by reference is made a part thereof, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign said revised Agreement on behalf of the City, and a copy of this Resolution be forwarded with the Agreement to the County of San Luis Obispo. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of ,Tune, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: R SE MARIE SHEIET2, Ma ARDITH DAVIS, City Clerk 0 4 RESOLUTION NO. 69-91 RESOLUTION ADOPTING THE 1991-92 MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of living; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the costs of providing the regulation product or service do not constitute "proceeds of taxes"; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the actual costs of providing the related service; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual adoption of the master Fee Schedule by Council resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted and will be effective July 1, 1991, and thereafter unless changed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 24th day of June, 1991, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheeta NOES: None ABSENT: None ROSE MARIE S EW Ma ATTEST: ARDITH DAVIS, City Clerk 0 0 0 M� M a o A W w ai U a � � U � o y o o °az 3 a s 0 0 \ 2 & Q / \ A # Q { { U U \ 0/2= q ) - < & « { \ / 2 § is cl�_ / \ m6q _ \ 0 \ ° w 7i � §\/\ o ° / / � Ucz \ d < 8 { \ \ \ \ / \ = m = r O c O+� w a w 7 w v U U O O pp O [� ""./' a: 0 0 0 0 aOJ C O O L a) QSdo Eby O �gdo C �� �g o� w '� ° + O` N � C; U a N N U 8wa� �� S OGoa �q&q s� U g o c o0 o c o o c N (Z, Q F» s4 CDrig��g `m° �i m �i �i s4 000 G14 0. s9 ss bs ss 64 O c O U � � T O U v E � o c .N ti C O U C� C � o � bA � U y u w �y o i U a CD a _ a 0 Eo cy ¢ ~ O W 0 •o O h U fn T PI M YO O O O d0' O O O v a 4J w t y0 '-+ f•, .-. g '� g 7 0 N v LL O p � 64 69 EA 6% V' 7 V1 64 EH fH � Q 64 64 EH G S w o g o o .t a o �8d8og 8 �' 6N )SS (-,1 b4 64 s4 C\ 6' C\ 64 g N ° aoi � C5 � o U ct N W b ¢ V] O O C4 N o � ��° U •C �b bl)to 'o a to "5 h� i c� ❑ Q pr .s •C > ,.+ .>. ti y a� a �� c o �.�a tj c o V F C �. p 3 N� 3 v ti T o o o U AQa� y 8 Q �a u Z ° N 3 � � u r�r v��.a � p V ��" •� .r7 WOO E Q a> •�•� a�Wi ;� R P g V V] N N U V a It ®2w \\j}�°\\\(\ \( a3 , )�\ /w4 \ W > � = U ( u � a 6/ I I 0 r1 ►.J n Y y Y Fi o °52ao+a°52a°Uw�SS r b �n s<i es g � g -4 t c � ^' > oosa�PFU �'� oc S 8cq w m 00 00 a� 0 Q) CIO b 3 � U •o h � •n'a U N � N U U M1� Ga a .Y V b v b o Uz 4: C0 U 0 w 0 > o V w U U U U U S U ¢� U U U C a�d1�--�dd Qod +' d1-�dQF V n F-� V F/ ✓ nQ FF i � UU AUUU USU O p U UUU� S o moogo dd a�QQQ Q06 o°u" wo�6�� ��x ��� ���o g a CD o g CD o O N N O � N fV ID O N �o In i=-Q-yi U Q L 7 C DA R� •{. m rC-� t � b3 (L) ao a > aoR mu a W y ee a O P' y P F O N yy c G �T U¢ a¢'i o W '> G p U a. oE� is°'x w w aqq 0 � ri U O O o O N Pr y id ACC S o q Q C C U G•� I Q U � •� °� P. y �` K k k a on Lq Ca ° U ;� cn w w e �w FHH b]pvout a wad ° o w 8 U 8 8 0 � 0 o o $ � 7 G ppC W p G C h O O O m wi $ Jj y yy W T] 4y U Vi w � iy 0 cu U 1Or N O 8 O C O $ sq :C F n O w '� U N y � � y v � m � a) � w �• A O O W w O C C m p C3 CJ w w 0 O y0+ O O Vt 19 FCY a 0 v�i CO 8 p 0 OCq 0C O N on N L G � E s d u R � •� � y N U U V Q V E 0➢ O F. y u d ^ I� N N � S a'tii w V! � 5 r'1 YL. 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" w o 0 U ch fir 0 C7 6 z C z Q 19 C z 0 0 pq 9 o I o U =j Q r' W :i do v w � o O o b4 U vi c a J d by Kidd O a� C� S 00 i O ogg ua O � � � U � Q � Q � j \ J \( c \ _ D \ m\_ P4 / ƒ G » & ® 0 U ) ] ) \ \ / \ tn z ee ) \\ \\ \ \\ \\ \\ \\ }cl \} /\ \} \) )/ ¥ m e o = q \\ ^ �a i- � \ \ \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1991-92 THE CITY COUNCIL City of Morro Bay, California W.tCERREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and `WHEREAS, the City Council finds and determines that the efficiency, economy and effective- ness of City government operations would be substantially impaired if such appropriation expenditures could not be incurred or paid on a daily basis; and IW7 EREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHER,LA,S, City Council acknowledges the continuing efforts of Staff to operate within an approved budget and manage savings wherever feasible; and I[ER.EA5, City Council wishes to encourage these practices by implementing a departmental savings sharing program. NOWTHER,EFOR,E, BE ITR,ESOLVLD: 1. The 1991-92 Manager's Recommended Budget is adopted with the changes ordered by the City Council as illustrated in Exhibit A (shown in the budget as the summary); and 2. Staff is directed to prepare and publish a final budget document incorporating all the afore- mentioned changes and all changes resulting from Council approved salary and benefit adjustments; and 3. The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as the bottom line appropriations are not exceeded. Otherwise, appropriation control is intended to be at the division bottom line for operations and the project bottom line for capital projects with administrative approval. 0 Resolution Number 68-91 Page 2 4. Fifty percent of all savings achieved in the Departmental Operating Budgets will be returned to the department generating the savings for use in Fiscal Year 1992-93. These funds can be used for any non -recurring expense approved by the City Administrator. PASSED AND ADOPY'LD by the City Council of the City of Morro Bay at a regular meeting held thereof on June 24, 1991, by the following roll call vote: AyES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT None ROSE MARIE S`JfEEgZ Mayor ATIE S7.• ARDITXDAVIS, City Clerk .� W min olo ,-I oWOM1Hr o0 � o HMemHr In In oo i ry i � �. 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U H9 O W D o 0 PEHW H Zz y mEU WN P WOwFUHWWW W Z'J �PSO O UHWwA W W a WHU3 Pa 1 a s W myH �.7 m m£$ W zz 4 N'Ip". 4 W gW Ul 1wp� E-pa1 H i.0 F W O H Q H H W H W H W W W W O Q 2 2H W a H m Q U m m a m a Q 3 NZ m m I x z m H OH O Q Q U H H ww u 1 I I 1 I 1 I 1 I M I m I P 1 P I 1/1 I ul I I I o lol o lol ri I .i I N I Vl I m I m I N I N I O olol 0 o I I 0 o I I b O I 1 P P I I o lol o lol N I «1 I P 1 P I EXHIBIT A 6 M RESOLUTION NO. 67-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A SPECIAL BUILDING ALLOCATION IN ACCORDANCE WITH ORDINANCE 393 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay on the day of 13th day of May, 1991, did adopt Ordinance No. 393 to provide for a Special Building Allocation; and WHEREAS, In accordance with Ordinance 393 the City Council may by resolution determine the number of special building allocation awards and the quarterly award dates in conformance with Ordinance 266; and WHEREAS, on the 10th day of June, 1991, the City Council did hold a PUBLIC HEARING to determine the special building allocation awards and quarterly award dates; and WHEREAS, the Environmental Coordinator determined that the allocation is exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The City of Morro Bay has determined that no new water allocation shall be provided to development at this time; and 2. The proposed Special Building Allocation is in accordance with Ordinances 266 in that 10 single family units and 40 multifamily units will be awarded; and 3. The proposed Special Building Allocation is in accordance with Ordinance No. 393 in that no new water demands will be placed on the city's water system; and 4. The Special Building Allocation does not conflict with any existing City codes, ordinances and initiative measures adopted by the voters. 0 E City Council Resolution No. 67-91 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby adopt a Special Building Allocation of 10 single family units and 40 multifamily units with quarterly award dates set for August and December, 1991. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the loth day of June, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Sheetz NOES: Wuriu ABSENT: None I/✓ lAw / 'G '";i� ARDITH DAVIS, City Clerk RESOLUTION NO. 66-91 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 71-72 TO FREETIME DISTRIBUTING, INC., AND AMENDMENT TO LEASE ADDING ^NON -PERMANENT BICYCLE RENTAL" AS AN APPROVED USE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites 71-72/71W-72W; and WHEREAS, Morro Bay Marina Inc. is the lessee of said property; "T1iel WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessee has entered into a sublease agreement for a portion of Lease Site 72 with Freetime Distributing, Inc., a copy of which sublease agreement has been presented to the City of Morro Bay; and WHEREAS, the Planning Commission has approved an extension of Conditional Use Permit 17-90 to the applicants approving a non- permanent bicycle rental business; 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 71-72 to Freetime Distributing, Inc.; BE IT FURTHER RESOLVED that the Lease for Lease Sites 71-72 be amended to add "non -permanent bicycle rental" as an approved use subject to review and approval by the City Attorney of all required documentation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of June, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 4 ", -, (5 �2 � ROSE MARIE SHE Z, YO 4/ Xz�> ARDITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this 15 day of MAY , 199.L, by and between MORRO BAY MARINA (hereinafter referred to as 'Lessee`), and individual(s) BRIAN MCINERNEY _ and No OTHER ,doing business as FREETIME DISTRIBUTING INC, (hereinafter referred to as 'Sublessee") and "THE CITY OF MORRO BAY (hereinafter referred to as 'City'). RECITALS ,To-, '�,3 WHEREAS, a Lease was executed on 19, for Lease Slte(s) 71-72 between the CouNTY of SAN LUIS OBISPO AI@ CHRIS GEORGE ANDISABEL EORG� together with amendments, assignments and assumptions dated 3l376, 3/5/76, 3/8/76, 6/2q/84 (hereinafter referred to as "Lease'). WHEREAS, Lessee desires to assign a sublease for a portion of the premises to Sublease. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Lessee and Sublessee jointly and severally guarantee that Lessee will pay all of the sums required of Lessee and Sublessee under the terms of the Lease to City. In the event Lessee falls to make such payment, Sublessee agrees to promptly make such payment to City. Failure to pay the rent shall constitute a violation of the Lease and City shall, after three (3) days' written notice to Lessee, have the following options: (a) City may elect to pursue all legal remedies against Lessee alone or against both Lessee and Sublessee or against Sublessee alone. City's election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both Lessee and Sublessee agree that they are to be jointly and severally liable for any breach by the Sublessee. (b) City shall have all other legal. remedies provided for in the Lease 2 and allowed by law, including the right to bring an action for unlawful detainer against Sublessee, Lessee, or both, for nonpayment of rent by Lessee of Sublessees portion of rent due to City. 2. Sublessee specifically agrees to comply with each and all of the terms and conditions of the Lease attached as Exhibit A. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease, and all of the parties agree that a violation by Sublessee of the terms of the Lease shall constitute a violation of the Lease by Lessee. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease, and agrees to indemnify City, as landlord, from any and all claims, loss, cost or expense resulting from Sublessee's failure to comply with the terms of the Lease. 3. The term of the Sublease, attached as Exhibit B, shall be one year, commencing upon execution of the said Lease and the Sublease shall not in any event exceed the terms of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgement. 4. Sublessee acknowledges its duty to secure a copy of the Lease and. each and all of the amendments to that Lease from Lessee, and to review each and all of the terms, and Sublessee agrees to comply with each and all of the terms and conditions of those documents. Sublessee acknowledges and agrees that this duty exists between Sublessee and Lessee and not between Sublessee and City. 5. The proposed use by Sublessee is as follows: BICYCLE RENTING RIISTNFSS . Said designated use shall not be changed without the prior written consent of the City. Sublessee agrees that any use by Sublessee of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Lease, shall constitute an unauthorized use. The area of the Lease site covered by the Lease is attached as Exhibit C and constitutes approximately _TM -square feet. The area of the Sublease site and of the proposed use is included in Exhibit C and constitutes approximately 8M square feet. The location and size of the proposed use shall not be altered without the prior written consent of the City. 3 6. Sublessee shall not substantially alter or improve the premises or any part thereof without first obtaining the prior written consent of City. 7. Sublessee agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the City's consideration of the Consent to Sublease Agreement. Sublessee shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of City. 8. Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease in an amount of not less that .$300,000.00 per occurrence and agrees to name the City of Morro Bay as additional primary insured without offset against the City's insurance. Sublessee agrees to provide the certificates of insurance to the City as required under the Lease and otherwise comply with the insurance requirements set forth in the Lease. 9. Sublessee and Lessee agree to indemnify and save City free and harmless from and against any and all claims by third parties, including reasonable attorney's fees and court costs arising from Subiessee's failure to comply with any of the terms of this Consent to Sublease Agreement. 10. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the City of Morro 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 conditions or terms of this Consent or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Lease. 1 i. To the extent that the terms of the Sublease are inconsistent with terms of this Agreement or Lease with the City, this Agreement of Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent 4 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 B � R0S MARL SHEET2 Mayor SUBLESSEE L T. STANLEY TRAPP GUARANTEE MORRO BAY MARINA agrees to guarantee performance by Sublessee of each and all terms and conditions of the above specified Agreement in consideration for the City's consent to the proposed Sublease. Lessee Morro Ba Marina B T. STANLEY TRAPP COMMERCIAL SUBLEASE This SUBLEASE is entered into this—L5— day of MAY , 19L by and between MORRO BAY MARINA, a California General Partnership, with its principal place of business,located in the County of Tulare State of California ( herein referred to as SUBLESSOR); and BRI.41 i1ICINERNEY DBA FREETIME DISTRIBUTING INC. ,of YENTURA. , California (herein referred to as SUBLESSEE), and is made in reference to the following facts: A. SUBLESSOR is the Lessee on the following lease(s) in the city of Morro Bay, California, to wit: LAND LEASE _ s s all concerning real property and improvements thereon located at 601 Embarcadero, Morro Bay., California. B. SUBLESSEE desires to sublease a portion of said premises for the primary purpose of operating a BICYCLE RENTING BUSINESS D. SUBLESSOR agrees to sublease said premises to SUBLESSEE; and represents and warrants to SUBLESSEE that it has the right to sublease the leased premises. The Premises that are the subject of this lease are located at 501 Embarcadero, Morro Bay, California, more particularly and legally described as follows: Refer to Exhibits "A' and 'B" attached hereto and incorporated in full by reference_ EXCEPTING the boat slips and docking facilities which are adjacent to the leased premises. (hereinafter referred to as the leased premises), and SUBLESSOR subleases said premises to SUBLESSEE on the following covenants, promises, terms, and conditions; and SUBLESSOR further covenants and agrees that SUBLESSEE shall lawfully and quietly hold, occupy and enjoy the leased premises during the term of this sublease without hindrance or interference of SUBLESSOR, or any person claiming under SUBLESSOR, upon SUBLESSEE'S full compliance with all of the covenants, promises, terms, and conditions of this sublease on his part to be kept and fulfilled: ARTICLE 1: TERM OF SUBLEASE MONTH -TO -MONTH Section 1.01 Original Term. This sublease shall befsr-e-peried-aF -one 44dear-commencing MAY 15 19.91--en4er d4w efl--------------,- -�4=- unless sooner terminated as provided for herein, and per Morro Bay Planning Commission's Sublease Approval, Special Condition IS. Section 1.02 Holdover. Possession by SUBLESSEE after the end of the initial term, shall be on a month -to -month basis only. ARTICLE 2: RENT SECTION 2.01. Monthly Rent. SUBLESSEE agrees to pay directly to SUBLESSOR as and for rent for the leased premises the sum of $ 432.00, per month; payable the _1ST of each and every month with the first said monthly payment due and payable on MAY 11; 19.91-. In additlon to the monthly rental, SUBLESSEE shall pay to SUBLESSOR as and for additional rent, a percentage of gross sale charges, if a requirement of the City of Marro Bay. If additional rent is not a requirement, the foregoing sentence will be lined out and initialed by the parties hereto. All of the said rental payments shall be due the first of the month; any payments made after the tenth (1 Oth) of the month shall be delinquent and shall bear a ten percent (10%) late penalty. Section 2.02. Last Month's Rent. The rent due for the last month of this sublease, which is MM 19-xL, through xxxxx 19.XOL—, shall be all due and payable in full upon the execution of this sublease. ARTICLE 3: USE OF PREMISES SECTION 3.01. Primary Use. SUBLESSEE shall have the right to use the leased premises for the primary purpose of a BI Yri F FNTINc RusrNFss. Section 3.02. Permitted Use, Representation. SUBLESSOR makes no warranties or representations to SUBLESSEE as to the permitted uses of the leased premises. SUBLESSEE warrants and represents that he had inspected the leased premises and has checked all applicable city and county use and zoning ordinances, laws, rules and regulations, and is of the opinion that the operation of a BICYCLE RENTING BUSINESS at the leased premises is a use that complies with said ordinances, lags, rules and regulations. Section 3.03. Limitations on Use. Not withstanding the provisions of Section 3.01, SUBLESSEE shall not use the leased premises for storage and docking of boats and related equipment, end for renting out of boat slips. ARTICLE 4: TAXES AND UTILITIES Section 4.01. Real Property Taxes and Assessments: SUBLESSOR shall pay all real property taxes and assessments levied and assessed against the leased premises. Section 4.02. Personal Property Taxes. SUBLESSEE shall be responsible for all personal property taxes, if any, concerning his personal property located on the leased premises. Section 4.03. Utilities. SUBLESSEE shall be responsible for all utilities and refuse services furnished to the leased premises. ARTICLE 5: ALTERATIONS AND REPAIRS, NEW CONSTRUCTION Section 5.01. Condition of Premises SUBLESSEE has had opportunities to visit and inspect the leased premises, and finds them suitable for his intended use thereof, and SUBLESSEE accepts said leased premises in their condition as of MAY 14 19 a. . Section 5.02. Maintenance by SUBLESSOR. SUBLESSOR shall at it's own cost and expense repair and maintain the buildings located on the leased premises. Section 5.03. Maintenance by SUBLESSEE SUBLESSEE shall at it's own cost and expense repair and maintain the parking lots, and pedestrian areas located on the leased premises. SUBLESSOR understands that SUBLESSEE desires to operate ablCluLt M NI1NO QWMra the leased premises; and accordingly further understands that certain changes in exterior decor may be required. SUBLESSEE may alter and improve the leased premises with the understanding that all such alterations and improvements shall be at the sole cost and expense of SUBLESSEE, and further shall not reduce the value of the leased premises. All such alterations and improvements, with the exception of moveable trade fixtures, shall be for the benefit of SUBLESSOR and shall become a part of the leased premises. SUBLESSEE shall at all times obtain prior written approval from SUBLESSOR for all intended alterations and improvements. SUBLESSOR warrants and represents that they will not unreasonable withhold their consent. Any ambiguity concerning the nature of any alterations or improvement shall be resolved in favor of SUBLESSOR. Section 5.05. Mechanics Liens. SUBLESSEE shall not suffer or permit any mechanics liens or other liens to be filed against the leased premises by reason of any work, labor, services or materials supplied to SUBLESS, or anyone holding the leased premises or any part thereof, through or under SUBLESSEE. Any and all such liens shall be immediately removed by SUBLESSE at his sole cost and expense. ARTICLE 6: INDEMNITY AND INSURANCE Section 6.01. Hold Harmless SUBLESSEE agrees to indemnify and hold SUBLESSOR and its property harmless from any claims or liabilities for injury to or death of persons or damage to property arising in any manner from SUBLESSEE'S use or occupancy of the leased premises. Section 6.02. Liability and Fire Insurance. SUBLESSEE shall, at his own cost and expense, secure and maintain broad from comprehensive coverage policy(s) of public liability insurance and additional policy(s) covering all fixtures and equipment, and the leased premises, against damage or destruction by fire, theft, or the elements. Said policies are to be from company(s), and in the types and amounts of coverage, acceptable to SUBLESSORS'S insurance broker and the City of Morro Bay. SUBLESSEE further agrees to name SUBLESSOR as an additional named insured on said policies, and to furnish SUBLESSOR with certificates of insurance evidencing the same. ARTICLE 7: SIGNS AND TRADE FIXTURES Section 7.01 Signs. SUBLESSEE shall have the right to place or maintain in or on the leased premises sigqns awnings, canopies, marquees, or other advertising concerning hisBICYCLE RENTAL business. Any such items must have SUBLESSORS'S prior written consent. SUBLESSOR warrants and represents they will not unreasonably withhold their consent with the understanding SUBLESSEE'S rights to sublease portions of the leased premises. Section 7.02 Trade Fixtures. All fixtures installed on said leased premises by the SUBLESSEE, excepting alternations and improvements made by way of permanent improvement, shall be and remain the property of the SUBLESSEE at the expiration of this lease or expiration of any renewal thereof, and the SUBLESSEE may remove the same within thirty (30) days thereafter at his own cost and expense, restoring said leased premises to their condition prior to addition of said fixture. All such fixtures (30) day period shall be automatically become the ARTICLE 8: that are not removed within said thirty deemed abandoned by SUBLESSEE and shall property of SUBLESSOR. INSPECTION BY SUBLESSOR Section 8.01 Inspection. SUBLESSEE shall permit SUBLESSOR or SUBLESSOR'S agents, representatives, or employees to enter said leased premises at all reasonable times for the purpose of inspecting said leased premises to determine whether SUBLESSEE is complying with the terms of this sublease and for the purpose of doing other lawful acts that may' be -necessary to protect SUBLESSOR'S interest in said leased premises under this sublease, or to perform SUBLESSOR'S duties under this sublease. ARTICLE 9: DESTRUCTION AND CONDEMNATION Section 2 1 Destruction. That in the event of a partial destruction of the leased premises from a risk covered by the insurance described in Article 6, the SUBLESSOR shall forthwith repair the same, provided such repair can be made within 120 days and in compliance with the then existing laws and regulations of the State, County or Municipal authorities. Such partial destruction shall in no way annul or void this sublease; however, the SUBLESSEE shall be entitled to a proportionate deduction of rent when such repairs are being made, such proportionate deduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by the SUBLESSEE on said leased premises. SUBLESSOR shall not be required to repair the leased premises in the following events: a) The cause of destruction is not a risk covered by said insurance; b) The repairs can not be made in the 120 day period; c) The repairs are in violation of the then existing laws and regulations of the State, County, and/or Municipal authorities; d) The cost of repairs exceeds the amount of insurance proceeds; or • 0 e) The damages cause a total destruction of the leased premises. Both SUBLSCSOR and SUBLESSEE shall have the option to terminate this sublease on the occurrence of any one or more of the foregoing events. Section 9.02. Condemnation. Should during the term of this sublease title and possession of all or a substantial part of said leased premises be taken under the power of eminent domain by any public or quasi -public agency or entity, this sublease shall terminate as of the date actual physical possession of said premises is taken by the agency or entity exercising the power of eminent domain and both SUBLESSOR and SUBLESSEE shall thereafter be released from all obligations, except those specified in Section 9.03 of this sublease, under this sublease. Section 9.03 Condemnation Award. The compensation or damages for the taking shall be awarded as follows: a) SUBLESSEE shall be entitled to that portion of the compensation or damages awarded for the eminent domain taking that represents (1) the reasonable value of SUBLESSEE'S rights under this sublease for the unexpired term of this sublease and (2) the cost or loss sustained by SUBLESSEE because of the removal of SUBLESSEE'S merchandise, trade fixtures, equipment, and furnishings from the portion of said leased premises taken by eminent domain. b) SUBLESSOR shall be entitled to the remainder of the award. ARTICLE 10: ASSIGNMENT AND SUB -LEASING Section 10.01. Assignment. SUBLESSEE shall not assign this sublease or any interest therein without the written consent of SUBLESSOR first had and obtained. A consent by SUBLESSOR to one assignment shall not be deemed to be a consent to any subsequent assignment. An assignment without the written consent of SUBLESSOR, or an assignment by operation of law, shall be void and shall, at the option of the SUBLESSOR, terminate this sublease. SUBLESSOR warrants and represents that they will not unreasonably withhold their consent to any requested assignment. Section 10.02 Subleasing. SUBLESSEE shall not sublease this sublease or any interest therein without the written consent of SUBLESSOR first had and obtained. A consent by SUBLESSOR to any one sublease shall not be deemed to be a consent to any subsequent sublease. A sublease without the written consent of SUBLESSOR shall be void and shall, at the option of the 7 SUBLESSOR, terminate this sublease. SUBLESSOR warrants and represents that they will not unreasonably withhold their consent to any requested sublease. ARTICLE 11: DEFAULT AND REMEDIES Section 11.01 Insolvent . This sublease shall be deemed repudiated and breached byZT$S LY4.'5SEE if: a) A petition to .have SUBLESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any of the laws of the United States relating to bankruptcy be filed by SUBLESSEE, or be filed against SUBLESSEE, and if so filed against SUBLESSEE, the same have not been dismissed within 120 days from the date of such filing. b) The asssetS of SUBLESSEE or the business conducted by SUBLESSEE on the premises be assumed by any trustee or other person pursuant to any judicial proceedings; c) SUBLESSEE becomes insolvent or makes an assignment for the benefit of creditors; or d) Any corporate SUBLESSEE or asssignee or successor in interest of SUBLESSEE commencing proceedings for winding up. Section 11.02, Abandonment. Should SUBLESSEE abandon the leased premises for a period of more than thirty (30) days, this sublease shall be deemed repudiated and breached by SUBLESSEE. Section 11.03. Default. Should SUBLESSEE default in the performance of any of the covenants, promises, terms or conditions of this sublease on his part to be kept or performed, SUBLESSEE shall have breached this sublease if said default is not cured within the notice period provided for by the laws of unlawful detainer of the State of California then in effect. Section 11.04. Remedies. SUBLESSOR, on SUBLESSEE'S insolvency, abandonment, or breach, shall have the right to terminate this sublease arrd recover damages as provided by law, and further shall have the right to reenter and regain possession of said leased premises in the manner provided for by the laws of unlawful detainer of the State of California then in effect. Section 11.05. Cumulative Remedies. The remedies given to SUBLZYSOR in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this sublease. Section 11.06. Waiver of Breach. SUBLESSOR'S failure to take advantage of any default or breach of this sublease by 8 SUBLESSEE shall not be or be construed to be a waiver of said default, or waiver of any covenant, promise, term, or condition on the part of SUBLESSEE to be kept and performed. A waiver of a particular default or breach shall not be deemed to be a waiver of the same or any other subsequent default or breach. ARTICLE 12: TERMINATION OF SUBLEASE, SURRENDER OF PREMISES Section 12.01. Termination. This sublease shall terminate on any --of following events: a) Agreement of SUBLESSOR and SUBLESSEE in writing; b) Upon the natural expiration of the initial term, or any renewal term; e) Upon SUBLESSEE'S default as provided for in Article 11 herein; Section 12.02. Surrender. On expiration or sooner termination of this sublease, SUBLESSEE shall promptly surrender and deliver possession of the leased premises to SUBLESSOR in good condition, reasonable wear and tear excepted. ARTICLE 13: GENERAL PROVISIONS Section 13.01. Time of Essence. Time is of the essence of this sublease, and of each provision. Section 13.02. Succession. Each and all of the covenants, conditions, and restrictions in this sublease shall inure to the benefit of and shall be binding upon the heirs, executors, administrators, successors, assignees, and sublessees of the respective parties hereto. Section 13.03. Entire Agreement. This sublease contains the entire agreement of the parties with respect to the matters covered by this sublease, and no other agreement, statement or promises made by any party, or to any employee, officer or agent of any party, which is not contained in this sublease shall be binding. Section 13.04. Partial Invalidity. Should any provision of this sublease be held by a court of competent, jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this sublease shall remain in full force and effect unimpaired by the holding of the court. Section 13.05. Modification. This sublease may be modified and/or amended only by means of a written document 9 executed by both SUBLESSOR and SUBLESSEE. Section 13.06 Memorandum of Sublease. The parties hereto may execute and cause it be recorded a memorandum of sublease. Section 13.07 Subordination. This sublease shall be subordinate to any encumbrance now of record or recorded after the date of the sublease which affects the leased premises. SUBLESSEE, if requested, shall execute the necessary documents which may be required by a lender to effectuate any subordination. Section 13.08 Attorney Fees. In the even either SUBLESSOR or SUBLESSEE shall bring any action or proceeding for damages for an alleged breach of any provision of this sublease to recover rent, or to enforce, protect or establish any right or remedy of either party, or in a proceeding brought specifically to recover attorney, the prevailing party shall be entitled to recover as a part of such action or proceedings reasonable attorneys fees, court costs, investigative fees, and accountant fees as approved by a Court or arbitration process. Section 13.09 Notice. All notices, demands, requests from SUBLESSEE to SUBLESSOR or from SUBLESSOR to SUBLESSEE shall be mailed or delivered as follows: a) To SUBLESSOR: P.O.Box 458, Exeter, California 93221 b) To SUBLESSEE: 819E THOMPSON BLVD, VENTURA, CA 93001 TELEPHONE: (805) 653-0449 IN WITNESS WHEREOF, this sublease was executed at Morro Bay, California on the date first above referenced. SUBLESSOR (Landlord): MO RI California General Partnership by T, TMILEY TRAPP SUBLESSEE (Tenant): FRE TimE DisTRiBuTiNG INc. ® ro � ,J P/tclFic sT- -�— Mt�rz/,�q sr ............ . A/0-07 • • m ZX �-5T 1�fr 4 51 d L N00&f*319M9X-*N0 *17 37=*1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE PLAN POLICIES, AND LAND USE PLAN MAP IN ORDER TO COMPLY WITH MEASURE H, A CITIZENS INITIATIVE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GPA/ZOA/LCP 01-91 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 4th and 19th day of February, the 15th day of April, and the 3rd day of June, 1991, held duly noticed PUBLIC HEARINGS to consider the amendment to policies of the General Plan Land Use Plan, and amendment to the City's land use plan map to show a reduced area available for commercial use on property generally located adjacent to Highway 1 and Morro Bay Boulevard as intended by citizens initiative Measure H, passed by the voters on November 6, 1990. WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the these amendments are identical to the LCP Amendments and are exempt as the functional equivalent of an EIR for the purpose of CEQA. WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, if any, wishing to testify, the Planning Commission did recommend approval to the City Council; and WHEREAS, on the 25th day of February, 22nd day of April, and the 10th day of June, 1991 the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING, to consider the amendments; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, the Planning Commission recommendation and the testimony of all persons, if any, wishing to testify, the City Council did make the following findings: 1. That amendments to the text of the General Plan Land Use Plan Element recommended on attached Exhibit "A", comply with and reflect the language specified by Measure H; and 2. That the requested Amendments approved by the Voters on November 6, 1990 and said initiative directs the City to amend "maps" to designate a portion of the Williams Brothers property for "district" commercial uses; and City Council Resolution No. 65-91 Page Two 3. That amendments recommended to the General Plan Land Use Plan Map, as shown on Exhibit "B", comply with and reflect the intent of Measure H; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve the Amendments included in Case No. GPA/LCP/ZOA 01-91, as incorporated by Exhibit "A". 3. That the Council does hereby approve of Amendments to the Land Use Plan map as illustrated in Exhibit "B". 4. These amendments shall take effect immediately and automatically upon certification of the LCP amendments in Case No. GPA/ZOA/LCP 01-91. PASSED, APPROVED, AND ADOPTED, on the 10th day of June, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk ROPOSED dDMMENT TO GE?= PL1,N LEND USE ELEMENT Ttsi 1 POLICY LU-47: The City's Urban/Rum oundary shall be drawn as follows: in c� all area within the City linits but exclude the Cabrillo property Ithe portion of the Williams property which is outside of the 36-aet 13 cross acre co®ercial area established by Measure B E. POLICY LU-48: The City shall implement the following revisions to its LUP land use nap to preserve and protect the long tern productivity of agricultural lands within and adjacent to the Community: f2} wilh-lhe-lnp-cad-relerant�eesta}-kot-end-Phapter-3-pebreies: LCP POLICY LU-49: fNaasnre-4�,--edepled-floreabe -2986�-�t-otditfst-te-emener thr-3farro fey band -Ilse ghnr-f66Pi regardi�q-thc-areas-designeted-es•t�e• ":��propc»ky�-ar-elder-iro-prorrde-4hel-}nnd-vbieF-:s-rrot-tsr-fec�-sri�able for-egrienllmral-nac-eoy-be-earsidered-bp-lhe-Eitp-of-Merre-Bep-fet-eppropr'role-fnlnre-derelepeesl: �hrPaep}ref -lh e-lily-o f -lie rto -Bap-do-6tda in-es-%lf ews> fifleem-jig}-�}-aeres-tr-be�ra:lahlt-for-mrisite--serrrngz-nscs:--'Phe--si-1`i-nq-af-soetry�-shal}-he-:n property: S eetion-?e--Upes-adepti e n-lhis-e-di�ers�.i-bri�¢aditteiy-sumittrs-to-t�L�e:tf orrrie-faost-l-isr'on far-certifiealion-aa-an-axndeenl-lo-lhrbaad-Usc-p}an-for-lbc-eslp-ef-Herro-Bepc rem inipy-prorision -of-lhe etdinanee: Saelien-4--his-ard:�+e:+emir?i-sepetaedc-al?-ct�er-erditrameerand-i6?L�rreofrf-lac:-theme :+.h-- j�P 147J Section 2: Morro Bav General Plan policy LU-49 shall be amended to read as follows: The Citv shall amend its General Plan Land Use Element LU-49 and all applicable ordinances policies and i J ♦ 1. C 41.- 1.:11: - 1 .1.. ..:lu. - ♦i.- -. 4- 1:-:1- F-r I..i: nF-4-} In .— acres generally located adiacent to Bighwav 1 and Morro Bay Boulevard The citing of such use shall be in accordance with a precise development plan consistent with the Ceneral Plan Land Use Element and relevan` Coastal kct and especially Chapter 3 policies. Nothing contained herein shall be construed to permit any residential development on the Williams prop>rtv. `ASE NO. (P4ZO{P 2eP QI-Ct/ EY.HIBI A <uj a~ :O :Q Nf( I I� J IM LI ilk - or RESOLUTION NO. 64-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN POLICIES, AND LAND USE PLAN MAP IN ORDER TO COMPLY WITH MEASURE H, A CITIZENS INITIATIVE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GPA/ZOA/LCP 01-91 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 4th, and 19th day of February, the 15th day of April and the 3rd, day of June, 1991, held duly noticed PUBLIC HEARINGS to consider the amendment to policies of the General Plan and Local Coastal Land Use Plan, amendment to the City's land use plan map and zoning map to show a reduced area available for commercial use on property generally located adjacent to Highway 1 and Morro Bay Boulevard as intended by citizens initiative Measure H, passed by the voters on November 6, 1990. WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the LCP Amendments are exempt as the functional equivalent of an EIR for the purpose of CEQA. WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, if any, wishing to testify, the Planning commission did recommend approval to the City Council; and WHEREAS, on the 25th day of February, the 22nd day of April, and the loth day of June, 1991 the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING, to consider the amendments; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, the Planning Commission recommendation and the testimony of all persons, if any, wishing to testify, the City Council did make the following findings: 1. That amendments to the text of the Local Coastal Program Land Use Plan recommended on attached Exhibit "A", comply with and reflect the language specified by Measure H; and 2. That the requested Amendments approved by the voters on November 6, 1990 and said initiative directs the City to amend "maps" to designate a portion of the Williams Brothers property for "district" commercial uses; and t City Council Resolution No. 64-91 Page Two 3. That amendments recommended to the LCP Land Use Plan Map, as shown on Exhibit "B", comply with and reflect the intent of Measure H. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve the Amendments included in Case No. GPA/LCP/ZOA 01-91, as incorporated by Exhibit "A". 3. That the Council does hereby approve of Amendments to the Land Use Plan map as illustrated in Exhibit "B". 4. These amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 5. The City of Morro Bay hereby finds that the Local Coastal Program Amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions; and 6. These amendments shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, on the 10th day of June, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None TH DAVIS, ARDITH DCity Clerk PPoPOaLD k1SLT1DMM TO CDkST11 UND USE PUN TEXT (Note: deleted tert'W"ekthrengh and added text i4knderl l ned ) POLICY 6.07: The City's Urban/P,ural Boundary shall be drawn as follows: include all area within the City limits but exclude the Cabrillo property and the portion of the Williams property which is outside of the 90-rtt 13 zoss acre commercial area established by Measure B H. POLICY 6.08: The City shall implement the following revisions to its LUP land use map to preserve and protect the long term productivity of agricultural lands within and adjacent to the Comaunity: ET} &signatc-k3e i�??iars `y-fer-aytiedtaral i�rrt}�se; except -for +� ty {30) rel-neres-prnscribrd-by 62P-Peliey-6:89- jlfeosrsr�3};-+i tsrprovisiatrr-for-�uupPlc;�:tlab-exr-mbjeet-tr-lhrpo-iieics-eenteindd-+titlr_r, the-ikP:---?ereittrd-sepp}exrlei-�-vtr�ie-Williae�-p!roperty--ar:---Pnb}ie-zecreelie�;-iris: tv:-ae-ring reeraetienn};-r-isita-srrririg-cveaere-tai-,--eeemcrera1-�=cei�,R�-�rth-the-�: tit:grof-see?-dent lropme.;t aebjet to--Pelieiea-tontcirKd-ia-the-bBPc- The -{its ahall-requite--a-p eeise devtlepment-Plsrr-fer-tny anppiemenlni-permitted-nse-prepoaed-by-ttrtpplicanl;-nnd-sbn??-�e3ct-f:r�difge-t�et s+iclre-plmrireorcris:snt rilh-the-}np-ertd-reltvnnt-excela}-ket-nnd-chapter-3-po}terea- POLICY 6.09: fMrasnra 'r-ulepked lip trbe ` 3986} kr ordtnatrc-le-ea^rnz tt ri4orro- Bey �n trig sc-P?an-{-EPj-regetd f g lhc-Derr-er}grated-es--+�-Wii?inss--Er.oper:'y-im-md°w-lo-pro+'ide-k3re4--1and-�retr-is-nel--irr-Frl-setite3.dr-fror egrieeitnra?-roses-meT-be-considered-by-Ehe-ertr-of-Morro-Bay-for-npprepriate-fmtnre-derelepmrnt- The -Poopit-of-tha eily-ef-Morro BaY de Brdain es-Pe}1ewa- Seelien-i---The-city-shnii-emend-iks-E!oesttl-�.�:d-fise-Fimr{�}-�a??-epPiicebirbrdi�eneaa; po-lieir_-nr�d mnms-to-designate-�portiomvf--tit-Wii } iers-Preperty-xit�ier-�C�y�iaits-far-aPProPriete--cia?-erKi f if Leta-{ice-nel-acres- to-fie--arathxblt-for-�riaitor-Derv-i�,q�-axs---d�e�i-bi-nq-ef-sx�-tr3e�-shall-be-3ri eeeerdanee-Yit3r��rec:se-ecre3apreat-plan-xasiste�td-e,�-tl*�-6EP-and-teiemf:t-1--k�-and-Ehap!r3 pe}ieicsc--Net>r-tig-eontcined-krtir-sha??-be-censtrwd-to-perrit eTTy-residthticl-�ese?opt�t-tn-t'.�e-ii=??:ass property- Seelien-P---Bpenradepli m:-lhia-a2diam:er spa??-%e--i�icteiy-std�mittrrto-t�-�iimsrta-,;�nsts?-c''oects-ion fer-artifieat:en-ar-na-aneadment-le-the-6m+d-@se-P}en-for-khn-2:ty-ef-Norro-Beyc remaining-pror:sroms-of-thrordinnnee- Seeliea-4t--4his-erdisance-shn}}-stpt:^sedrt.1-at§er-erdi:+anew-ene-�pa}ic:es-irreork-li }{g} Revised Policy 6.09 (Measure PI, Adopted November 1990) The City shall amend its General Plan Land Use Element LO-49 and all applicable ordinances policies and maps to designate a portion of the Williams' property within the city limits for "district commercial" use accordance with a precise development plan consistent with the General Plan Land Use Element and relevant Coastal kct and especially Chapter 3 policies Nothing contained herein shall he construed to cer-mit any residential development on the Williams property. CASE Ro.6fyz �y F ;i 1 r IT ----�: io HIM fflww3 IOU; w.. RESOLUTION NO. 63-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 537 FOR THE 1991 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 nine (9) years in hosting the Harbor Festival; and, WHEREAS, Harbor Festival, Inc. has proposed holding the 1991 Harbor Festival at the South T-Pier, Front Street Parking Lot and on part of Embarcadero Road in this vicinity; and, WHEREAS, the City staff has reviewed this permit and recommends nineteen (19) 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. 537 for the 1991 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 June, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 4�1� ARDITH DAVIS CITY CLERK f\w\co issn\res63-91 . _ :`- /- V i EXHIBIT "An RECOMMENDED SITE CONDITIONS City staff has reviewed the proposal for the Festival site and met with Festival representatives. 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. 2. Pedestrian and loading access for owners and crews of boats occupying slips in the affected areas shall be provided. 3. A free shuttle to Morro Rock through the Festival site shall be provided to the public. Any vendor, emergency vehicle, City vehicle or individual requiring to travel on Embarcadero Road during the Festival shall be allowed to do so under permit of Harbor Festival Inc. The shuttle shall include service to downtown area satellite parking areas as in prior years. 4. Embarcadero Road shall be closed to through traffic from 7:30 a.m. to 6:00 p.m. Embarcadero Road shall be open to all vehicles during all other times. 5. 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. 6. Adequate trash receptacles and recycling bins shall be made available and emptied in a timely manner with continuous litter patrol. A large construction -type trash dumpster shall be required. 7. Posting of the Festival site for no parking shall occur at least forty-eight (48) hours in advance by Harbor Festival, Inc (HFI). HFI shall pick up barricades and no parking signs at Public Works/Corporate Yard on October 1, 1991. 8. 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 20, 1991. 9. Directions to off -site parking areas shall be conspicuously posted. The detour from the Embarcadero at Beach Street shall be placed at Market Avenue and Beach Street. Permits to travel the Embarcadero shall be placed at this location. 10. Traffic control plans shall be approved by the Police Department prior to the event. EXHIBIT "A" PAGE 2 11. At least sixteen (16) portable toilets shall be provided at the site. 12. Set-up of the event site shall not begin until 1:00 p.m. on October 3, 1991 in Front Street parking area and 10:00 a.m. on October 4, 1991 in the S. T-Pier area. Set-up is defined as denying the public parking access to these areas. 13. Take down of the event site so it is functional shall be completed by 1:00 p.m. on October 7, 1991. Total site clean-up shall be completed by October 11, 1991 at 5:00 p.m. 14. 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. 15. The parking lane (lane 2) on Embarcadero Road shall be used as a loading zone for 10 minute durations only. Travel lanes (lane 1) shall remain open in both directions at all times. 16. Insurance policy endorsements naming the City as additional insured pursuant to the City-HFI Agreement dated 25 July, 1991 shall be approved by City Risk Manager prior to issuance of Permit No. 537. 17. Fencing of all parking lots bordering Embarcadero Road shall be required and crossing guards are necessary to protect pedestrians from permitted vehicles traveling within the Festival area. 18. A medical aid station shall be staffed during the entire event to the satisfaction of the Fire Chief. 19. An evaluation of the Festival site shall be submitted to the City in HFI's Annual Report required by the City - HFI Agreement dated 25, July 1990. HFI shall survey adjacent business' as part of this evaluation. 20. Food distributors are encouraged to use all paper products in 1991 and shall be required to use recyclable paper products for food in 1992. f\u\comnissn\hf9lexbe RESOLUTION NO. 62-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1991-92 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Measure A (Ordinance No. 340) was approved by the voters of Morro Bay in November of 1988, providing for annual adjustment in the Business License Rate Schedule to reflect changes in the Consumer Price Index; and WHEREAS, the Business License Rate Schedule was last adjusted in 1990; and WHEREAS, the Consumer Price Index has increased 3.9% from March 31, 1990 to March 31, 1991; and WHEREAS, the Fiscal Year 1991-92 Business License Rate Schedule reflects this 3.9% increase; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt the Fiscal Year 1991-92 Business License Rate Schedule. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this loth day of June, 1991, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 1 OSE MARIE S ETZ, Ma r ATTEST: ARDITH DAVIS, City Clerk CMMS � v F� as o p� cn U C*4, E�380 8 � o8 88� 8 8888 8 U cn *"d V n n ss cnes� nn� Lei cs ss of va vi �f m � '--- ss cs ss ss ss `-' r! D1 � 0) N �O S m ON �o N r m m b ON Lir o0 0 0o v OR OR 'o "o n o0 O0 Io O0 rr C �o �o f- $ cn Kc �o l- KJ as Fn n yr ss va c9 n r- us cs Gq mfis W) t- � - srs U cA �88 S 8 888 8 8888 8 � m o�S s�o �4� � p s ��� n.� n es mssus nn� rn - rn r Uv3 vj Ge 6e v� 643� N ss ee vj 6q a ) c>1 cl a ^" Gn 5O 4-1 O a U .� as Y w FAG N E a o a°r A A caS- say. A Y ,a o � n O c� 0 0 0 0 0 0 V1 V'1 V'1 N vi Vl bo .0 O a 0 0 y O 3 w :n A •g w a c 3 0 Pt D ~ V • m N �b z a. � o Q U • t W ��SS �� SS SS S SSSSS�SS S� o6 N �O C r O r O O tV C d cV cV V 7 r [I- 0 U �° fill,(i3 r m r .� to �° C] �° °) N V1 r -+ .--i 69 64 69 6s en 6s 6s :A m 64 64 (A .--� .-� 6. 6s Qy G 69 69 6q 69 V1 O °1 M ON N en 7 M M 7 r 7 r °1 �° M O m v) 0 �° ,-, m M It �o t� oo �o U 0pop cV �O O �D O �o rnp� O cV O O cV N m cn O �° 63. 69 r M v1 U �- p�6pp9 o fpA £pA 6R pM6p9 EpA 696p96p96p9 � p61� p6s Ni 6p9 O o C4 C N Oi C w— 6s S69 69r N r G+ N�°y3N 6s oC- V69 64 64 69 N69 64 V3 69 69 69 6a � 6R 69 y A a G S O O O O y 0 O O O O O O cn h vi vi vn wi wn vi rl rA � V � oati N a � sa ° C7 'A H (yA U N N w � � o � M H y Tu On p o a o �$a bl) N NiCL) >, y b •U 7 y84 eg Pr A] 0 O 00 00S S O S S S oQo S oho S O S O '� [� r r C O r 0 0 r r r r (V r- Cl)NJ N 69 69 64 enm 64 b9 r 64 m m 69 64 r--� 64 69 r--� 69 69 �O r 64 6% 69 M 69 "' CT �c \0 M M 0% M M b 0% �O a 00 �O \O 00 00 �O 00 �O M 00 m drr m c c oo �r or rimer c VU +, r bq VI Vi 69 VI m 69 m Vi r 6% m to EH Efl r ra Vi di r 611, Hi Efl 69 69 64 SSS S S S SS SS SS SSS S � 4r -itr o4C-; r N N r N N r r� �O r 611. M 69 6H 69 69 69 69 69 69 69 69 69 69 64 69 a 75 o 0 y O Q a ti � N a r ra A 00 N N O 00 00 O O O C b k/1 V1 VN ke1 N b cn O N o cn bb 0 b � 0 0 y � pA A a U 0. i o ' q ¢ .S 3 N F o a�i U o o w -0 w a�w 0 0 ao�z O O o o to c p C7 A� a. A o x ww • 0. 0 o °' zw CD o \\ e » ON ~r 2\■« Uu /## \# j + �/§ ® $\ 2 _ j_- Q- � _ �\ mCA > c =Uw §�\ \\ 2t� ©kn 4--4/2 � - U\ / ƒ \ \ 0 RESOLUTION NO. 61-91 RESOLUTION REGARDING PREPARATION AND SUBMITTAL OF CITY OF MORRO BAY SOURCE REDUCTION AND RECYCLING ELEMENT, HOUSEHOLD HAZARDOUS WASTE ELEMENT, AND RELATED ENVIRONMENTAL IMPACT DOCUMENTATION REQUIRED BY THE CALIFORNIA INTEGRATED SOLID WASTE MANAGEMENT ACT OF 1989 AS AMENDED T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939) as amended requires each city and county to adopt and submit to the California Integrated Waste Management Board by July 1, 1991 a resolution indicating the date by which the city or county intends to submit its Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), and related environmental impact documentation as required by the California Environmental Quality Act (CEQA); and WHEREAS, the County of San Luis Obispo and each of the seven cities within the County have entered into a Memorandum of Agreement under the auspices of the San Luis Obispo Area Coordinating Council (SLOACC) to prepare on a coordinated, integrated, regional basis the State -mandated SRREs, HHWEs, and related environmental impact documentation; and WHEREAS, SLOACC member agencies have elected to prepare Program Environmental Impact Reports (EIRs) for the programs and facilities proposed in their respective SRREs and HHWEs and have agreed to jointly evaluate in a timely manner the environmental impacts related to said proposed programs and facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to prepare in conjunction with SLOACC and its member agencies the City of Morro Bay SRRE, HHWE, and related Program EIR pursuant to the SLOACC Memorandum of Agreement described hereinabove and submit all required documents to the California Integrated Waste Management Board by December 1, 1991 or such other statutory deadlines as may be established for the submittal of SRREs and HHWEs for which an EIR is prepared. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of June, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None /POSt MARIE SHEXTZ1 ATTEST ARDITH DAVIS, City Clerk RESOLUTION NO. 60-91 RESOLUTION AWARDING BID NO. PW91-151 FOR TWO NEW TRAILER -MOUNTED PORTABLE GENERATORS/SEWAGE COLLECTION SYSTEM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay's Adopted Budget for FY 1990/91 included $45,000 for the purchase of two new trailer -mounted portable generators for the Department of Public Works/Sanitary Division; and WHEREAS, bids for two new trailer -mounted portable generators 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., May 31, 1991; and . WHEREAS, said bids have been reviewed and Holcomb & Sons, Inc. of Santa Maria, California has been determined to be the lowest responsible and responsive bidder at $42,993.06. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW91-151 for two new trailer -mounted portable generators to Holcomb & Son, Inc. of Santa Maria, California in the amount of $42,993.06. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of June, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARbTTH DAVIS, City Clerk MCU/LC:UPTON#2:60-91 I ZROSE MARIE SHEMZ,�2 RESOLUTION NO. 59-91 RESOLUTION AUTHORIZING THE AGREEMENT FOR ASSIGNMENT OF COMBINED ROAD PLAN (CRP) APPORTIONMENT TO THE ALAMEDA COUNTY TRANSPORTATION AUTHORITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, apportioned CRP funds may be transferred between local agencies from or within an urbanized area with the approval of the appropriate local agency officials and the appropriate governing body responsible for apportioning the funds to the seller; and WHEREAS, the City of Morro Bay wishes to assign $141,949.00 of its allocation of CRP funds to Alameda County Transportation Authority, hereinafter referred to as "AUTHORITY", in exchange for Eighty Percent (80%) of that amount, which is $113,559.20, in funds that may be used for any City of Morro Bay street/road- related purposes; and WHEREAS, the AUTHORITY wishes to accept said assignment for use on AUTHORITY street -related project which qualifies for CRP funding; and WHEREAS, the CRP funds are discounted to the buyer because of expenditure restrictions, federal engineering standards, and increased administrative costs associated with using said funds; and WHEREAS, the City of Morro Bay considers this assignment and exchange with AUTHORITY as fair and equitable treatment under the CRP program. NOW, THEREFORE, BE IT RESOLVED effective upon the adoption of this Resolution, the City Council hereby authorizes the City Administrator of the City of Morro Bay to execute on behalf of the City, the Agreement for Assignment of Combined Road Plan Apportionment to AUTHORITY. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 10th day of June, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None AR 4SEAIESHWEE, AMayo ATTEST: ARDITH DAVIS, City Clerk AGREEMENT FOR ASSIGNMENT OF COMBINED ROAD PROGRAM (CRP) FUNDS This agreement is made and entered into this day of 1991, by and between ALAMEDA COUNTY TRANSPORTATION AUTHORITY, a political subdivision of the State of California, hereinafter referred to as "AUTHORITY" and the CITY OF MORRO BAY, a political subdivision of the State of California, hereinafter referred to as "CITY". WITNESSETH• WHEREAS, apportioned CRP funds may be transferred between local agencies from or within an urbanized area with the approval of the appropriate local agency officials and the appropriate governing body responsible for apportioning the funds to the seller; and WHEREAS, CITY wishes to assign $141,949.00 of its allocation of CRP funds to AUTHORITY in exchange for Eighty Percent (80%) of that amount in funds that may be used for any CITY street/road related purposes; and WHEREAS, the AUTHORITY wishes to accept said assignment for use on an AUTHORITY street -related project which qualifies for CRP funding; and WHEREAS, the CRP funds are discounted to the buyer because of expenditure restrictions, federal engineering standards, and increased administrative costs associated with using said funds; and WHEREAS, AUTHORITY and CITY consider this assignment and exchange as fair and equitable treatment under the CRP program. NOW, THEREFORE, it is mutually agreed as follows: 1. CITY agrees to transfer $141,949.00 of its own CRP fund apportionment to the AUTHORITY; 2. Upon notification by Caltrans that the apportionment is available for use, AUTHORITY agrees to transfer $113,559.20 of its sales tax revenue to CITY in a payment to be made upon such notification. 3. CITY agrees to use the received funds on CITY transportation -related purposes. n u City of Morro Bay Af , %III ATTEST: City Clerk ALAMEDA COUNTY TRANSPORTATION AUTHORITY By: Chairman RECOMMENDED BY: A. J. Gallardo, Exec. Director APPROVED AS TO FORM: Legal Counsel ATTEST: Clerk of the Authority RE S O LiJT = ON WC) - 5 8— 9 1 RESOLUTION ESTABLISHING MORRO BAY'S PARTICIPATION IN AND SUPPORT OF THE COALITION FOR COOPERATIVE GOVERNMENT IN SAN LUIS OBISPO COUNTY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California has declared a budget deficit and has chosen to reduce funding to local governments and school districts in order to help balance their budget; and WHEREAS, these reductions to the funding for local govern- ments and school districts will severely undermine local pro- grams; and WHEREAS, to partially offset the cuts to county government, the Legislature of the State of California approved legislation, Senate Bill 2557, which gives counties the ability to replace lost revenues by recovering the costs for certain services ren- dered to other levels of local government; and WHEREAS, those revenue raising opportunities include, but are not limited to, charging cities and certain other local jurisdictions for booking persons that are arrested into county jails and collecting a pro-rata share of the costs of the Prop- erty Tax Collection administration system from cities, redevelop- ment agencies, school districts and special districts; and WHEREAS, jail booking and property tax administration ser- vices have historically been considered the responsibilities of counties under state mandates; and WHEREAS, charges for these services will severely undermine the ability of cities, schools and other districts to meet impor- tant needs, particularly related to education and other human services; and WHEREAS, attempting to reconcile the detrimental effects of SB 2557 on cities, school districts and special districts with the County's financial dilemma has unfairly and wastefully pitted one level of local government against other levels of local government. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay that the City of Morro Bay join with the local governments of San Luis Obispo County (cities, county and special districts) and school districts, to establish a Coalition for Cooperative Gov- ernment for San Luis Obispo County to seek a resolution to this situation by encouraging fundamental structural reform for the funding of local governments and school districts so that the Resolution No. 58-91 Page TWO needs of the children and adults of our state can properly be met at all levels of government; and BE IT FURTHER RESOLVED that while efforts are underway to resolve these funding issues at the local level, the Coalition for Cooperation Government of San Luis Obispo County also sup- ports a similar statewide coalition of local governments and school districts to support legislation which provides adequate and equitable funding for local governments, school and special districts. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 28th day of May, 1991 on the fol- lowing vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE S ETZ, Mayor ATTEST: ARDITH DAVIS, City Clerk i 0 RESOLUTION NO. 57-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR A CONCEPT PLAN PHASED EXPANSION, BOARDWALK, ADDITION OF GIFT SHOPS, REDUCTION AND REMODEL OF FISH PROCESSING AND FISH MARKET, REMODEL OF EXISTING RESTAURANT AND ADDITION OF PUBLIC OBSERVATION DECK. T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 07-91 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 6th day of May, 1991, held a duly noticed PUBLIC HEARING to consider the request of Flying Dutchman Enterprises for a Conditional Use Permit to allow construction of an expansion and remodel of various tourist and fishing related uses located at 701-715 Embarcadero in the WF (PD/S.4) zone, more particularly described as: APN 66-352-28/30/47/48 Lease sites 78-79/78W-79W & 80-81/80W-81W formerly lease site #18 City of Morro Bay County of San Luis Obispo State of California WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the project has been found to qualify for a Negative Declaration and no further documentation is deemed necessary. WHEREAS, at said PUBLIC HEARING, based upon the evidence contained in the staff report, the testimony of all persons, if any, wishing to testify, and the determinations made by the Planning Commission during the hearings, the Planning Commission did recommend approval of the Conditional Use Permit (Concept Plan) request to the City Council; and WHEREAS, The City Council of the City of Morro Bay on the 23rd day of May, 1991, did hold a duly noticed PUBLIC HEARING to consider the request; and WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission recommendation, staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That the project will not be detrimental to the health safety, comfort and general welfare of the persons residing or working in the neighborhood; and City Council Resolution No. 57-91 Page Two 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 3. The project will not be injurious or detrimental to the general welfare of the City; and 4. The project is in conformance with the General Plan and certified Local Coastal Program (LCP) and Zoning ordinance; and 5. The cupola over the kitchen is considered an architectural projection is beneficial to the appearance of the building and is determined to be consistent with height requirements. 6. Public access across the fish unloading dock is considered to be a conflict and hazard. Therefore, the lateral access across the dock is not required. 7. The architectural design is compatible with the vicinity and with a "seaport village" character. It will not significantly degrade coastal view. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby grant approval of Conditional Use Permit (Concept Plan) 07-91, with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of May, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 74 �p J- /ROSE MARIE SHEETZ, yor ATTEST: ARDITH DAVIS, City Clerk • CONDITIONS OF APPROVAL CASE NO. CUP 07-91 A. GENERAL STANDARD CONDITIONS 1. Exhibits; This request is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Inaugurate Within One Year• Unless the construction or operation of Phase I of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void. Phase II shal be inaugurated within two (2) years of the date of approval of this permit. Upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. Compliance with Law: All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 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 • 0 Conditions of Approval Page Two CUP 07-91 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. B. BUILDING & SITE CONDITIONS Colors and Materials: Prior to issuance of a zone clearance, the Director of Community Development shall ensure compliance of all exterior colors and materials, including fencing materials as approved on Exhibit(s) on file. All other colors and materials not so specifically approved may be approved by the Director according to the following objectives: achieve compatibility with colors and materials used in the on -site improvements; achieve compatibility with the architectural design of the improvements; achieve compatibility with surrounding land uses and properties; preserve the character and integrity of the zone. 2. Water Saving Devices: water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. Undergrounding of Utilities: All on -site utilities including electrical, telephone and cable television shall be installed underground. Screening of Equipment: All roof -mounted air conditioning, or heating equipment, vents or ducts shall be screened from view in a manner approved by the Director of Community Development. Screening of Trash storage: All trash enclosures shall be functionally located aesthetic extensions of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate enclosures in a manner which will not interfere with the reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. 6. Exterior Lighting: The exterior lighting system shall comply with Exhibit(s). The system shall be low level with a height of fixture not to exceed a maximum of 16 feet and shall achieve the following objectives; avoid interference with reasonable use of adjoining properties; minimize on -site and Conditions of Approval Page Three Case CUP 07-91 off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. 7. Signaae: The total signing program shall conform to Chapter 17.68. A sign permit is required prior to the issuance of a building permit for occupancy. A sign program for all uses shall be approved by the Director prior to issuance of the Building Permit. 8. Water Eauivalencies: a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been net for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to Water Equivalencies. Following the issuance of a building permit and just prior to Final occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. 9. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 10. Lease Amendment: The applicant shall obtain approval of an amendment of the lease agreements for the entire property prior to issuance of a Building Permit. Uses in the lease shall be limited to: a. Gift shops and retail stores which cater primarily to visitors and tourists. b. Restaurants and deli's. c. Fish Processing (deleting this use from the property will require an amendment to the Conditional Use Permit and the provision of a public boardwalk extending across the northern part of the property). e. Fish market. f. Public boardwalk and public observation decks. Conditions Of Approval Page Four CUP 07-91 g. Wharves, docks and hoists for fishing industry and for pleasure boats. 11. Restrooms: The restrooms shall be made available to the public during business hours. There shall be clear signage both on the exterior of the building, and on the interior identifying that the restrooms are available to the general public. 12. Boardwalk and Observation Deck: The boardwalk shall provide for lateral public access around the west side of the restaurant. The public boardwalk shall be a minimum of 8 feet in width. The observation deck shall be for the general public use and may not be used for any commercial purposes. Access easements consistent with the Waterfront Zone and with the general access provisions in Section 17.48.280 shall be recorded prior to issuance of any Building Permits. The boardwalk widening and the observation deck shall be constructed with the first phase. If the fish processing use ceases, the applicant shall obtain a separate Conditional Use Permit which shall provide for the completion of the boardwalk across the west side of the fish market and retail use. Said stipulation shall be included in the new lease. 13. Coastal Permit: Prior to issuance of the Building Permit, the applicant shall provide written verification of the issuance of a Coastal Permit or lack of need for same by the State Coastal Commission. 14. Army Corps Permits: Prior to issuance of a Building Permit, the applicant shall obtain Army Corps of Engineer permits and other State or Federal permits required for the project. 15. Off -Street Loadina: The applicant shall provide plans for off-street loading parking space as provided by the Zoning ordinance. 16. Health Dept.: Food service shall require the approval of the Health Department. C. LANDSCAPING CONDITIONS 1. Landscaping Conditions: A landscaping plan shall be required to include details on the number, size, location and type of species for all plant materials. In addition, the landscaping Conditions of Approval Page Five CUP 07-91 plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be approved by the Director. Landscaping Protection: All new landscaping and planting within paved areas shall be contained within raised planters surrounded by six (6) inch concrete curbs. 3. Protection of Existing Trees: The developer shall protect and preserve existing trees, including the street tree, to the extent that is practicable. The developer shall consult with Community Development Director to achieve the following goals: eliminate crowding; eliminate dead, dying or diseased trees; protect root structures from grading; top trees for the safety to persons and property and the continued health of the remaining trees; provide sufficient irrigation, pruning, fertilization, weed control, pest and animal control and disease control to insure continued health. The loss or removal of the healthy existing trees is described as constituting an irreversible loss of a valuable resource or other environmental value shall be replaced by the developer as a mitigation measure with new tree(s) to be approved by the Community Development Director. 4. Timing of Landscaping_ All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of Occupancy. Maintenance of Landscaping: All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plant materials having similar functional characteristics and a size either equivalent to or exceeding the original size. D. PUBLIC WORKS CONDITIONS Off -Site Public Improvements: The applicant shall submit engineering drawings and cost estimates for a; proposed off - site improvements for review by the City Engineer and cost estimates. Upon approval of the design drawings, the applicant shall deposit a financial security with the City in the amount of 150a of the estimated construction cost prior to the issuance of a building permit. Conditions of Approval Page Six Case CUP 07-91 2. Grading & Drainage Plan: The applicant shall submit a grading and drainage plan with calculations to demonstrate the proposed on -site drainage facilities will handle the peak runoff from a 25-year storm. Surface disposal of drainage over sidewalks or driveways is prohibited. The applicant shall construct on -site inlets and through -curb drainage facilities in accordance with City standards. Drainage into the Bay shall require grease traps to be approved by the City Engineer. 3. Encroachment Permit: An Encroachment Permit issued by Department of Public Works is required for all work within the public right-of-way prior to issuance of a building permit or recordation of a final map. Non -Protest Agreement: The applicant shall enter into a binding agreement with the city to not protest the inclusion in any future improvement assessment district which includes the property that may be formed for the purpose of constructing public improvements benefitting the property. Phase I Requirements: Prior to development on either lease sites 78-79/78W-79W or 80-81/80W-81W, the following improvements or conditions shall be completed. Lease Site 78/79 - Flying Dutchman Restaurant: a. Correct Sewage Discharges: The restaurant operator is discharging untreated wastewater into the Bay through the site drain behind the building. This is in direct violation of several agencies strict prohibitions, and shall cease immediately. b. Repair of Unsafe Conditions: The repair and maintenance of the dock and gangway shall be completed per the requirements of the .City Engineer and the Harbor Director. C. Electrical Service Box: The PG&E service box in the sidewalk shall be repaired. Lease Site 80/81 - Former Qualman Oyster Company a. Site Drain Repair: The site drain discharge between the two lease sites shall be repaired. b. Wharf Deck Hazards: The wharf deck shall be repaired as directed by the City Engineer and Harbor Director. Conditions of Approval May 6, 1991 Page 7 - Cup 07-91 c. Hoist Repair: The hoist on the wharf shall be repaired to avoid injury. d. Parking Lot Site Drains: The parking lot site drain inlets shall be cleaned out. e. Hose Bib: The hose bib on the wharf shall have a spring - loaded device as required by the city's water conservation ordinance. f. Frontage Improvements: i. The existing sidewalk shall be widened to 8 feet as required by the circulation Element of the General Plan except in the area of the existing popout bay windows. The widening shall incorporate the existing exposed aggregate finish. ii. The existing drive approach shall conform with City standards. g. Docks and Revetment: Prior to issuance of a building permit for any work on or over the revetment, including revetment modifications or repairs, wharfs, piers, floating docks, gangways, etc., the plans for said work shall be approved by the City Engineer. Prior to issuance of a building permit, the applicant shall obtain all required permits for said work from the California Coastal Commission and the U.S. Army Corps of Engineers. 6. Phase II Requirements: Prior to development of lease site 78/79, the following improvement shall be completed: a. Frontage Improvements: The existing sidewalk across lease site 78/79 shall be widened to 8 feet as required by the Circulation Element of the General Plan except in the area of the existing popout bay windows. The widening shall incorporate the existing exposed aggregate finish. b. Docks & Revetment: Prior to issuance of a building permit for any work on or over the revetment, including revetment modifications or repairs, wharfs, piers, floating docks, gangways, etc., the plans for said work shall be approved by the City Engineer. Prior to issuance of a building permit, the applicant shall obtain all required permits for said work from the California Coastal Commission and the U.S. Army Corp of Engineers. Conditions of Approval Page 8 CUP 07-91 C. Deck Encroachment: A portion of the existing wood deck over the revetment lies within the right of way of Pacific Street. If one has not already been approved, the Lessee shall obtain a Special Encroachment Permit from the Dept. of Public Works for the ownership of this private facility within the public right-of-way. E. FIRE DEPARTMENT 1. Fire Suppression: All provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Bay. Upgrading of fire suppression systems may be required by the Fire Chief prior to issuance of a Building Permit. 2. Fire Hydrants: Prior to issuance of a zone clearance (or recordation of the final tract map) the permittee shall submit plans to the Fire Department for approval of the size and location of on -site fire hydrants. New fire hydrants or upgrading of existing hydrants may be required if fire flows are not adequate. 3. Address Numbers: Address numbers shall be of contrasting color to the background and shall be readily visible at night. The numbers shall be subject to approval of the Director of Community Development and the Fire Chief. 4. Fire Extinguishers: All fire extinguishers shall be installed in accordance with National Fire Protection Association Standard #10. s�"a3 � w O �/L'�V�v� G.. s •� m a ��� '173�Otld h r YI W O n O � f w m w � h O E�:i�iB1T nr yaa' O T r_ LE S 11 l l v I H A J ON 3Sd,, PROJECT: 0 m O CLIENT: a a m m F gg o GI _ S _i m i m /Ir//� r/• � C � m U+3�lJ W Q n O � m w o z 1J3'Otld o L.� Es No. _ d L -q' �JVJ b- 5o C' I� --I N I m ti �L m O •�m S � mm m • u, pp° m m b S, C- � 0 � H L_ F- r w 6� r C - J C G L -Xt I1011 - -- 1 - O r ON �SyJ Ib -co S V _ m a LO ; Lo Q ym m m ti N Z m m ti N N N u o > a y N N m Cc) m � � Q• = �^A w m � 2 O ' O C Nj Y > 19 rN r- ^r y C E O P pP W W W O 1- W T N LL U [ f� G, y wl 6 6) r U _i y co F.SE i lv. Uj C 1 l ON -Js j C 1 C C rn �� rn C-O z o C PROJECT: O N I O m m m i O z N o CLIENT: N RN �m gm m a ;e 9 0 ♦ i r m m l (Iv �l�.Y$ 4$j aF�BI I' Ict I i r li r T— F' IS soon•.+, o � ; � j 9 ONIONtl'1� NVAHO 1 nO LASE NO. a 1191l-{X_ CIN ?S' DUTCHMAN LANDING ii � �DD P!�,�9R 4� Boa°noa•x�°E:in } • -I IY' CA FLN n Yv-YYY�a-a.:a=Y.vca=a -•-_• •„[7 � m i 7-r(ryjr?ir( ^i r i(di?liidf (! m m f 1 r� Itill � =� q fJ ONIONV-1 VWHO1f7G EXHIBIT 1).- -0 • N, it 9 ) t t : •^ � l.� a ? 1 rj 115IHX3 — 'ON3SV-,,; �v i L j J� Zf 4 � i;kls ` a .ti 3 2 I� n i Y /la' 3 .eyFJ t F C F t. F, (o C 1fV\y��}C �� �•r % W ("ASE N.O. ! J 1181HX3 kA �o 0 �u x _ } b cl o O � a / R ,0 � O aM '•G o a ea gr e . o it S RESOLUTION OF THE MORRO BAY CITY COUNCIL CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, 05 NOVEMBER 1991 FOR THE PURPOSE OF VOTING ON A MEASURE TO ADOPT AN INCREASE IN THE CITY TRANSIENT OCCUPANCY TAX FROM 8% TO 9%; REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, 05 NOVEMBER 1991; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a special municipal election, as called for by the City Council of the City of Morro Bay, may be held on 05 November 1991; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.101, it is desirable that said special municipal election be consolidated with the consolidated districts election to be held by the County of San Luis Obispo on 05 November 1991 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the special municipal election and that said consolidated districts election and special municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, 05 November 1990, a special municipal election of the qualified electors of the City of Morro Bay; and 2. The City Council does hereby order submitted to the qualified electors of said City at said special municipal election the following question: Shall Section 3.24.030 of the Morro Bay Municipal Code, Tax imposed, be amended to increase the Transient Occupancy Tax ("bed tax") from eight percent (8%) to nine percent (9%) ? YES L/ NO Z-/ 3. The proposed text of the Measure is attached in its entirety as Exhibit A. 4. The measure shall pass only if a majority of the votes cast by voters voting on the measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. 5. The City Council hereby directs the City Attorney to prepare an impartial written analysis of the measure, not to exceed 500 words in length, showing the affect of the measure on existing law and the operation of the measure. 6. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of a special municipal election with the consolidated districts election to be held on Tuesday, 05 November 1991; and 7. The County Clerk is hereby authorized to canvass the returns of said special municipal election to be consolidated with said consolidated districts election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 8. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said special election with said consolidated districts election; and 9. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation of their special election with the consolidated districts election; and 10. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28th day of May, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES. None ABSENT: None ATTEST: 4� lt� d[ ---� ARDITH DAVIS, City Clerk AROSERIE SHEE Z, Mayor FULL TEXT OF MEASURE AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND CHAPTER 3.24 OF THE MORRO BAY MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX RATES The People of the City of Morro Bay do hereby ordain as follows: Section 1. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions of §7280 of the California Revenue and Taxation Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Div. 2 of Title 5 of the California Government Code commencing with §53720. Section 2. Purpose It is the intent of this ordinance to increase City funds in order to offset revenue losses due to State and County budget cut -backs and associated increased fees to local government, and to augment revenue sources negatively impacted by a lagging economy. Section 3. Type of Tax Transient Occupancy Tax is a General Tax as defined in Government Code §53721. The tax is imposed for General Governmental Purposes. Section 4. Transient Occupancy Tax Section 3.24.03 of the Morro Bay Municipal Code is amended to change the rate of the Transient Occupancy Tax from eight percent (8%) to nine percent (9%). Section 5. Effective Date The tax rate authorized by this ordinance shall commence on 01 January 1992. Section 6. Severability If any sections, subsections, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of Morro Bay hereby declare that they have adopted the ordinance and each section, subsection, sentence, phrase of clause therefor irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses be declared invalid. r R E S GLUT = ON NO - 5 5— 9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RE -APPOINTING GARY A. NAPPER AS CITY ADMINISTRATOR FOR THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of appointing a city administrator under the Council -Administrator form of local government to fulfill the duties as cited in Title 2 of the Municipal Code; and WHEREAS, the City Council has determined that Cary A. Napper possesses those skills and abilities necessary to be an effective administrator, and he has demonstrated such capacity during his tenure from April 1984. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby re -appoint Mr. Gary A. Napper as City Administrator for the City of Morro Bay, California, com- mencing 22 April 1991; and BE IT FURTHER RESOLVED that Mayor Rose Marie Sheetz is hereby authorized to execute the attached and incorporated herein employment agreement with Mr. Napper. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 28th day of May, 1991 on the fol- lowing vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk ROSE MARIE SHIItTZ, Mayo 01 .. w. 0 9 AGREEMENT BETWEEN THE CITY OF MORRO BAY AND GARY A. NAPPER FOR SERVICES AS CITY ADMINISTRATOR WHEREAS, by Resolution No. 40-84 of the Morro Bay City Coun- cil on 23 April 1984, Gary A. Napper was first appointed as City Administrator of the City of Morro Bay; and WHEREAS, the services of Gary A. Napper as City Administra- tor were renewed and extended commencing 16 April 1986 for a period of five (5) years; and WHEREAS, the City. Council now desires to continue the employment and services of Gary A. Napper as City Administrator; and WHEREAS, it is the desire and intention of Gary A. Napper to accept such employment and serve as City Administrator of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by both parties as follows: 1. The City Council of Morro Bay agrees to continue employment of Gary A. Napper as City Administrator of said City to perform the functions and duties specified in Chapters 2.12 and 2.16 of Title 2 of the Municipal Code of the City of Morro Bay, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign; and 2. Gary A. Napper shall accrue, and have credited to his personal account, City -paid employee benefits at the same rate as executive employees of the City of Morro Bay. Paid administra- tive leave shall be available in the amount of seven days per fiscal year; and 3. City agrees to provide and pay for comprehensive medi- cal, dental, and long-term disability insurance coverages for Gary A. Napper identical to what is provided executive employees. City shall also- provide and pay for term life insurance in an amount equal to his annual salary (to the nearest $1,0O0);eand 4. Gary A. Napper will be covered by existing and future modification of the City's retirement system; and 5. The City of Morro Bay agrees to compensate Gary A. Napper for his services as City Administrator a base salary of $76,068, commencing 14 May 1991, payable in installments at the same time as other City employees. The City agrees to annually adjust said base salary each July, beginning July 1992, consis- tent with the same rate granted other executive employee salary ranges. Performance evaluation and salary merit increases shall be reviewed on an annual basis hereafter; and 6. The City Council recognizes that Gary A. Napper as City Administrator must devote considerable time outside of normal office hours to business of the City of Morro Bay, and to that .. • 0 end Gary A. Napper shall be allowed appropriate compensatory time off during normal office hours; and 7. The City of Morro Bay agrees to pay Gary A. Napper the additional sum of $250 per month as an automobile allowance. Gary A. Napper agrees to procure an automobile for City business use and to maintain adequate liability insurance for his automo- bile and agrees to name the City of Morro Bay as an additional insured under such policy. Gary A. Napper shall keep and hold the City of Morro Bay free from all liability, expense, and claims for damage by reason of his use of said automobile on City business; and 8. Municipal Code Section 2.12.230 provides for "one month's notice to the City Administrator in the event of termina- tion. The City Council of the City of Morro Bay agrees to pro- vide such notice and agrees to pay Gary A. Napper the agreed salary and benefits during such thirty (30) day notice period, and further agrees to provide an additional three months' salary and benefit coverage for a total of four months severance compen- sation in the event he is involuntarily terminated by vote of the City Council during the term of this Agreement; and 9. The term of this Agreement shall begin 22 April 1991 and continue for three (3) years, unless terminated earlier pur- suant to provisions of this agreement; and 10. In the event Gary A. Napper voluntarily resigns as City Administrator with the City of Morro Bay before expiration of this agreement, Gary A. Napper shall give the City of Morro Bay forty-five (45) days written notice in advance; and 11. At least ninety (90) days prior to the expiration of the term of this Agreement, the City Council hereby agrees to notify Gary A. Napper in writing of its intent to renew or not renew the contractual relationship and employment capacity herein proscribed. IN WITNESS WHEREOF, the City Council of Morro Bay has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by`its City Clerk, and Gary A. Napper has signed and executed this Agreement this 29th day of May 1991. CITY OF MORRO BAY of Offf-eZ ROSE MARIE H TZ, May ATTEST: ARDITH DAVIS, City Clerk s 0 6 RESOLUTION NO. 54-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. seau. and Resolution 74-69 of the City of Morro Bay the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the Morro Bay Management Employees; and WHEREAS, the meetings between the Management Employees and the City have resulted in a mutual agreement and understanding to recommend that the Management Employees accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and benefits to said Management Employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 28th day of May 1991, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ACc�� Ardith Davis, City Clerk 0 • OF UNDERSTANDING BETWEEN THE MANAGEMENT EMPLOYEES CITY OF MORRO BAY 1 JULY 1991 - 30 JUNE 1994 TABLE OF CONTENTS ARTICLE NO. SUBJECT PAGE 1 Term 3 2 Management 3 3 Anti -Discrimination 3 4 Work Schedule 3 5 Salaries 4 6 Retirement Benefits 5 7 Insurance 5 8 Holidays 6 9 Vacation Leave 6 10 Administrative Leave 7 11 Sick Leave 7 12 Mileage 8 13 No Strike, No Lock -Out 8 14 Full Understanding, Modification, Waiver 8 15 Separability 9 Signature Page 9 MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY MANAGEMENT EMPLOYEES AND THE CITY OF MORRO BAY ARTICLE 1 - TERM The term of this agreement commences on 1 July 1991 and expires and is otherwise fully terminated on 30 June 1994. ARTICLE 2 - MANAGEMENT CITY retains all rights not specifically delegated by this agreement including, but not limited to, the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications, take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its work. The determination of whether or not an emergency exists is solely within the discretion of the City and is expressly excluded from the Grievance Procedure. ARTICLE 3 - ANTI -DISCRIMINATION The CITY agrees it will not discriminate against management employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 4 - WORK SCHEDULE 4.1 This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 4.2 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. 4.3 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without prior notice to the employee. Callout or overtime does not constitute a change in workshifts. 4.4 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period, except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be 3 construed to eliminate currently established irregular work schedules. 4.5 EMERGENCIES: Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. TICLE 5 - SALARIES 5.1 The CITY agrees to continue a plan whereby the CITY will contribute seven (7) percent of an employee's salary on behalf of the employee to the Public Employees' Retirement System (PERS). These amounts paid by the CITY are employee contributions and are paid by the CITY to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. The employees bear the risk of payment of any increases in the employee contributions above the current seven (7) percent made by action of PERS or the state legislature. It is understood and agreed to by the parties that the CITY "pickup" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the salaries otherwise provided by the CITY to, the employee, and then, comparisons will be made. Parties agree the CITY payment of the seven (7) percent PERS contribution is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the employee holds harmless the CITY, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay seven ( 7 ) percent of the employee's PERS contribution. Should current tax treatment change, the employees shall have the opportunity to meet and confer regarding any such changes. 5.2 The parties agree that Management employees should receive the following percentage increases. 1 July 1991 4$ 1992 60 1993 60 V A 5.3 The actual salary ranges shall be: Classification FY 1991/92 FY 1992 93 FY 1992/93 Police Lieutenant $37,026-$45,005 $39,248-$47,705 $41,603-$50,568 Associate Planner $32,537-$40,673 $34,490-$43,114 $36,559-$45,701 Chief Bldg. Insp. $32,537-$40,673 $34,490-$43,114 $36,559-$45,701 Accountant $30,903-$38,470 $32,757-$40,778 $34,722-$43,224 Adm. Assistant $30,903-$38,470 $32,757-$40,770 $34,722-$43,224 Assoc. Civil Eng. $30,903-$38,470 $32,757-$40,770 $34,722-$43,224 Chief HPO $30,903-$38,470 $32,757-$40,770 $34,722-$43,224 Water Qual. Cont. Supt. $30,903-$38,470 $32,757-$40,770 $34,722-$43,224 ARTICLE 6 - RETIREMENT BENEFITS The CITY agrees to provide employees in this unit with a retirement benefit program through the Public Employees Retirement System (PEAS), similar to PERS benefits granted to similarly situated PERS qualified employees in other City bargaining units. City agrees to implement these benefits on the same time schedule as those other bargaining units. ARTICLE 7 - INSURANCE 7.1 HEALTH INSURANCE During the term of this Agreement the City shall offer both indemnity and HMO medical insurance plans unless during the term of the Agreement the Employee Relations Committee recommends alternative plans and the recommendation is accepted by the City Council. 7.2 DENTAL INSURANCE During the term of this Agreement, the City shall offer dental insurance through a dental carrier unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. rI 7.3 Effective 1 July 1991 employees shall pay the following premium rates for medical and dental insurance: Years of Service Prudent Buyer 0-2 Start of 3rd. yr. CA Care 0-2 Start of 3rd. yr. Medical Dental employee + 1 dep. + 2 dep. +1 +1+ 0 $38.22 $90.74 $4.35 $5.84 0 $29.67 $75.73 $3.23 $4.84 0 $22.31 $45.29 $4.45 $4.56 0 $12.92 $29.19 $2.48 $2.82 7.4 Any increase to the dependent portion of medical or dental premiums that occur during the term of this Agreement shall be paid 75% by the City, and 25% by the employee. 7.5 The effective date of this Memorandum of Understanding shall also be the effective date of the Consolidated omnibus Budget Reconciliation Act (COBRA) provisions for members of this unit. 7.6 LIFE INSURANCE It is understood that a $20,000 Life Insurance policy is provided to Management employees, and is included in the Dental premium rate. 7.7 LTD INSURANCE The Management employees shall participate in the City -provided Long Term Disability Insurance Plan. The cost of this plan shall be as follows: 1 July 91 City 1.5% Employee 0 ARTICLE 8 - HOLIDAYS 1 July 92 1 July 93 1.5% 1.5% 0 0 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Lincoln's Birthday Washington's Birthday July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 February 12 3rd Monday in February 0 10 Memorial Day Floating Holiday Floating Holiday 8.2 It is agreed that when a holiday CITY, then each employee shall be number of equivalent work hours. ARTICLE 9 - VACATION LEAVE Last Monday in May varies Varies is proclaimed by the Mayor of the granted time -off in the same 9.1 During the term of this agreement,paid vacation leave shall be earned at the rate contained in the Personnel Rules and Regulations on a bi-weekly basis. 9.2 There is no limit on the amount of unused vacation leave hours that may be accumulated by members of this unit. 9.3 Upon termination of employment with the CITY, a member of this unit shall receive pay for their current vacation leave balance up to a maximum of the employee's annual entitlement at their current base hourly rate. 9.4 A member of this unit may exercise an option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's current base hourly rate on an hour per hour basis. ARTICLE 10 - ADMINISTRATIVE LEAVE 10.1 Each member of the unit shall be eligible to earn thirty-two (32) hours of administrative leave per fiscal year. 10.2 The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employees and particular regard for the needs of the service. 10.3 No administrative leave may be accumulated for use in a following fiscal year, except upon prior approval of the City Administrator. Unused administrative leave may not be cashed -out upon termination with the CITY. 10.4 Each member of the unit may be eligible for additional administrative leave upon authorization from the City Administrator. Such administrative leave may be granted when employees are required to perform their responsibilities in times of immediate threat to public health safety and property, beyond their regular work schedule. The approval of such time is not guaranteed, and sole discretion without appeal rights rests with the City Administrator, and is expressly eliminated from the Grievance Procedure. Recognizing the impact of the Fair Labor Standards Act, employees in this unit will be sensitive to the operational needs and financial limitations of the City, and will rA therefore attempt to limit the use of overtime by employees in their respective areas of responsibility. ARTICLE 11 - SICK LEAVE 11.1 During the term of this agreement, sick leave shall be earned at the rate of eight (8) hours for each calendar month of service. Unused sick leave shall be accumulated to a total of not more than nine hundred and sixty (960) hours. 11.2 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment -for up to the first seven hundred twenty (720) hours of his/her accrued sick leave at thirty-five percent (350) of the employee's rate of pay as of the date of service retirement. 11.3 Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. ARTICLE 12 - MILEAGE CITY will pay $.20 per mile as reimbursement to members of the unit for all mileage they incur when on official business, provided there is no CITY car or other pool car available for CITY business. Said reimbursement shall be subject to availability of funds in the CITY budget and approval by the Department Head. ARTICLE 13 - NO STRIKE, NO LOCK -OUT 13.1 During the term of this agreement, the CITY will not lock -out any employees nor will the employees cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the employees. 13.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 13.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 14 FULL UNDERSTANDING MODIFICATION WAIVER 14.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. U • 0 14.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 14.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratifiedbythe members of this unit. 14.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 15 - SEPARABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Signature City Management Representatives Forrest W. Henderson ick Rodgers Da Bill oucher 5�/ ��91 Date N A RESDLUTION NO. 5�-01 RESOLUTION ACCEPTING AN OFFER, OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG PINEY WAY ADJACENT TO SOUTH STREET AS HODE ON PARCEL NAP HE B9-15`i T ]i E C I T Y COUNCIL WHEREAS, the Planning Commission of the City of Norro Rag, California, on the Sth of rarch 1991, did approve tentative map 11E BE-i54, and a Condition of-' Approval of Conditional Use Permit No. C1-9C for such map was the dedication of right-of-way far Public street purposes adJacont to a portion Lot 6, Block Cerrito Pdditi.cn; and WHEREAS, an oFFer of dedication for such right-of-way was made on behalf OF the public on parcel map NB 81-1-4SLi as required. NOW, THEREFORE, BE IT RESOLVED that the City Council Of t!-e City of Norro Bay, California does accept on behalf ❑f the public the offer OF dedication of right-of-way made on parcel man "!B 89- PASSED AND ADOPTED by the City Council of the City OF I'lorro fay at a regular meeting held thereof on the PP_ deg of flay IMP-, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None AR E 4MA,i- attest: SHEET2or _. �e���/y61 ,CG_.. .............. .................. .............. ARDITH DAUIS, C'itu Clerk m R£ ok 84a xY _ oogo 4 W � Q S €ado a$ N $ s oil Rap! A sit Ala` �r gel e: 3q w �h„. �h�Ns� QJ• � b ����'� z �$`�'4W z - g�o %�oW � o N�mn VW;h�Yk c 9ep " a $ }_Boy �F 4"k�k u zd,zko� 9<V i'*k a b L go `ui a Man will x Ni PIMP a a� [ \ \ wia � � � !a aN ,a. m 2 \§\ m max_ ] (&�/: §t � \ (� 5\ t § §t — --� � E »!\ /; - ! )] - i\�\ R � • RESOLUTION NO. 52-91 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20024.2 (One -Year Final Compensation) for local safety members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve and amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. (Title) ATTEST: May 13, 1991 (Date adopted and approved) ARTDVTH DAVIS,-City Clerk Public Employees' Retirement System Public Agency Contract Services Contract Services Division - Section 220 Post Office Box 942709 Sacramento, CA 94229-2709 Telephone (916) 326-3420 326-3000 (Telecommunications Device for the Deaf) OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City -Council (Governing Body) of the City of Morro Bay (Name of Public Agency) on May 13, 1991 (Date) Ardlth Davis Y CLERK EWSeeretavy of the BeaE - CSD-CON-12 C0600 (Rev. 11/88) 6 RESOLUTION NO. 51-91 RESOLUTION APPROVING AN INTERIM LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 27W WITH ATC REALTY FOURTEEN INC., dba INN AT MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Site 27W; and WHEREAS, ATC Realty Fourteen Inc., dba Inn at Morro Bay operates a hotel on the private property surrounding said Lease Site; and WHEREAS, the City of Morro Bay and ATC Realty Fourteen Inc., desire to enter into a License Agreement allowing ATC REALTY Fourteen Inc. to use a portion of Lease Site 27W pending resolution of long term repair and development issues regarding the Site, NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that Resolution 51-91 be adopted, approving an interim License Agreement between the City of Morro Bay and ATC Realty Fourteen Inc., dba Inn at Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of May, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None . AR ITH DAVIS, CITY CLERK — a� . ATTACEA M A i ' 33'0 �r 1 o 4i '27W J• � .P.O.B. LeO3e Desciip+.nn � � !7r N25020E � �/ i2i�S• !e f . �'a G�pq za o 0 TOP WTr Ask. L I C E N S E A G R E E M E N T This Licenement ("License") is made as of this day of r� , 1991 by and between the CITY OF MORRO BAY ("Landl rd") and ATC REALTY FOURTEEN, INC., a California corporation, doing business as The Inn at Morro Bay ("Licensee"). 1. LICENSED AREA, CONDITION OF SITE The licensed area, hereinafter called "Site", shall be that portion of the improved tidelands shown on the attached Site Map labeled "Exhibit All and incorporated herein. The Site is licensed to Licensee in an "as is" condition and Licensee agrees that it has investigated the condition of the Site and determined that the Site is suitable to the operations of Licensee. 2. MAINTENANCE AND REPAIR OF SITE Licensee agrees to repair and maintain the existing perimeter fencing around the Site that restricts access to the bulkhead and adjacent City property. Licensee agrees to repair and maintain the asphalt surface and striping of the parking area on the Site in good useable and safe condition at all times; provided, however, Licensee does not agree to repair any future sinkholes on the Site; provided further, however, Licensee shall have no obligation to repair or maintain the bulkheads or any other structural or other portion of the Site not expressly referred to herein. 3. TERM The term of this License ("License Term") shall commence on April 1, 1991 ("Commencement Date") and terminate on March 31, 1992 ("Termination Date"). 4. RENT Licensee shall pay to Landlord in lawful money of the United States of America, a minimum annual rent of One Thousand Dollars ($1000). Licensee shall pay the rent to Landlord in advance on the Commencement Date of the License Term. 5. HOLDOVER Any holdover of this License beyond the Termination Date shall be on a month to month basis terminable on 30 days notice by either party for any reason. Rent for the holdover period shall be one hundred and fifty dollars ($150) per month and shall increase fifty dollars ($50) per month on each succeeding April 1 that this License is held over (i.e., holdover rent for April 1992 through March 1993 would be $150 monthly, holdover rent for April 1993 through March 1994 would be $200 monthly, etc.). 6. RESTRICTIONS UPON USE Licensee agrees that, in connection with the use and operation of the Site, Licensee shall use the Site only for parking for 3 r1 Licensee's guests, employees, agents and contractors, and that any other use, without prior written approval, shall be a violation of this License. Furthermore, Licensee agrees that it shall not: a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage or an unsafe condition for the guests, employees, agents and contractors of Licensee; b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents and contractors of Licensee or cause or allow any circumstances or acts on the Site by the guests, employees, agents and contractors of Licensee which will result in pollution of Morro Bay. C. Permit any use of the Site by the guests, employees, agents and contractors of Licensee which will cause a cancellation of any insurance policy covering the Harbor area, or any part thereof, or any building or improvements thereon, or any activity by the guests, employees, agents and contractors of Licensee which may be prohibited by any insurance policies covering the Harbor area, said buildings or improvements. d. Waste water. e. Erect, place, operate or maintain any improvement within the Site, nor conduct any business, in violation of the terms of this License, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. 7. SIGNS All signs shall be in accordance with the "Sign Ordinance of the City of Morro Bay" and shall be approved by the Harbor Director. "Sign" shall have the meaning set forth in said Sign ordinance. The perimeter fence on the Site shall be conspicuously posted to restrict access beyond the fenced area. 8. GOVERNMENTAL REQUIREMENTS Licensee shall at all times comply with and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, which govern, apply to or are promulgated with respect to the operation and use of the Site by Licensee in connection with its business; provided, however, that Licensee may cease to operate and use the Site at any time and, in such case, Licensee shall have no future obligation to comply or pay such costs and expenses of compliance. `a So long as Licensee continues to operate and use the Site, Licensee shall comply with each and every requirement of all policies of public liability insurance which Licensee is required to have in force with respect to the Site. The judgment of any court of competent jurisdiction or the admission of Licensee in any action or proceeding against it, whether Landlord be a party thereto or not, that Licensee has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between Landlord and Licensee. 9. TAXES Licensee acknowledges and agrees that this License may create a possessory interest subject to property taxation. Licensee agrees to pay and discharge, as additional rent for the Site during the Term of this License, before delinquency, all taxes (including, without limitation, possessory interest taxes associated with Licensee's interest in the Site and the execution of this License), assessments, fees, levies, license and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of its interest in the Site. In the event the Site, or any possessory interest therein, should at any time be subject to ad valorem taxes or privilege taxes levied, assessed or imposed on such property, Licensee shall only pay taxes upon the assessed value of its interest. 10. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Licensee shall obtain the written approval of the Harbor Director. In addition Licensee will obtain any and all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. 11. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Licensee as permitted or required by this License shall, during this License Term, be and remain the property of Licensee, provided, however, that Licensee shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Licensee's rights and powers with respect to the improvements are subject to the terms and limitations of this License. Upon termination all improvements, alterations or repairs to the Site shall become the property of Landlord. 12. ASSIGNMENT AND SUBLETTING This License is personal in nature and may not be assigned or transferred by either party; provided, however that Licensee may assign its rights under this License to Licensee's successor in interest to The Inn at Morro Bay concurrently with Licensee's transfer of title to The Inn at Morro Bay to such successor. Cal 13. INSURANCE Licensee shall indemnify and hold Landlord and the property of Landlord, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Licensee's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: a. The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property owned by Licensee or by any person who is a guest, employee, agent or contractor of Licensee, from any cause whatever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; b. The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property owned by Licensee or any person who is a guest, employee, agent or contractor of Licensee, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of Licensee or any person in, on, or about said Site with or without the permission and consent of Licensee; C. Any work performed on said Site or materials furnished to said Site at the instance or request of Licensee or any person or entity acting for or on behalf of Licensee; or d. Licensee's failure to perform any provision of this License or to comply with any requirement of law or any requirement imposed on Licensee or said Site by any duly authorized governmental agency or political subdivision. Licensee shall, at Licensee's own cost and expense, secure promptly after the execution of this License and maintain during the entire License Term, a broad form commercial general liability insurance policy or policies which insures Licensee's public liability, property damage and business automobile exposures with the combined single limit of not less than $1,000,000.00, issued by an insurance company acceptable to Landlord and authorized to issue liability insurance in California, and which shall list Landlord as the named primary additional insured, without offset to Landlord's policies as respects all operations of Licensee. Any deductibles or self - insured retentions must be declared to and approved by Landlord. The terms of said policies may be for such period as shall be designated by Licensee; provided however, that within two (2) months prior to the expiration date of such insurance terms, 4 0 0 Licensee shall procure other policies of said insurance so that between the execution of this License and the commencement of the License Term, and throughout the entire License Term or any renewal thereof, or until the sooner termination hereof, Landlord, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. Licensee shall within ten (10) days after the execution of this License and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord a true and correct copy of an insurance binder and within 45 days deliver to Landlord a true and correct copy of each insurance policy required by this Article and an endorsement to the policy and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Each insurance policy required by this License shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to Landlord in the manner required by this License for service of notices on Landlord by Licensee. 14. HOLD HARMLESS Licensee agrees to investigate, defend, indemnify and hold harmless Landlord, its employees and agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action, whatsoever the character, which Landlord may incur due to the negligence or wilful misconduct of Licensee or its guests, employees, agents and contractors. 15. DESTRUCTION This License shall remain in full force and effect, including Licensee's obligation to pay rent, in all events of destruction to the Site, unless otherwise modified or terminated by the mutual written agreement of Landlord and Licensee. 16. DEFAULT In the event that Licensee shall fail to perform any agreement, covenant or condition set forth in this License, the License may be terminated upon thirty (30) days written notice from Landlord. 17. NOTICES If at any time after the execution of this License, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the 5 E registered or certified United States mail, return receipt requested, postage prepaid and (1) if intended for Landlord shall be addressed to: Harbor Director City of Morro Bay 1275 Embarcadero Morro Bay, CA 93442 and (2) if intended for Licensee shall be addressed to: ATC Realty Fourteen, Inc. 111 Sutter Street - 9th Floor San Francisco, CA 94163 Attention: Kevin D. Williams or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. 18. UTILITIES Licensee is responsible for all costs of installation and maintenance of any and all utilities or services required by Licensee at the Site. Landlord shall not be liable for the failure of utilities or services to the Site. 19. MISCELLANEOUS a. In case any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this License, but this License shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. Nothing in this License Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "Landlord" and "Licensee" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one Landlord and Licensee, the obligations hereunder imposed upon Landlord and Licensee shall be joint and several. ri 0 • d. Time is of the essence of each and all of the agreements, covenants and conditions of this License. e. This License shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this License shall be, in all cases, construed according to its fair meaning and not strictly for or against Landlord or Licensee. f. This License constitutes the entire agreement between Landlord and Licensee with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This License may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord and Licensee. IN WITNESS WHEREOF, Landlord and Licensee have executed this License by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR ATC REALTY FOURTEEN, INC. CITY OF MORRO BAY Gary Napper Approved as to Form CITY ATTORNEY CITY OF MORRO BAY l k Officer 44 Ju y Skou n Officer proved YOR CITY OF MORRO BAY AoMarie Sheetz }wp51`pab2Jmorrobay.agt 7 APR-17-191 WED 09:51 ID INN AT MORRO BAY TEL NOIBOS-772-0 EXHIBIT A #Ole P01 1M, � ..a Ld3O 531168d02131b'f]3d3 ;,ow, FS:87 7654-fl,atfl4 \ • RESOLUTIONI NO. SO-91 RESOLUTION 70 AWARD BID NO. PW 90-09 FOR WEED ABATEMENI SERVICES TO MORRO CREEK NURSERY AND LANDSCAPE COMPANY, MORR❑ BAY, CA. T H E C I T Y C O U N C I L. City of Morro Bay, California WHEREAS, the City of Morro Bay publicly advertised and opened bids For said services on April 23, 1991, and WHEREAS, the Department of Public Works recommends the award of said contract to Morro Creek Nursery and Landscape Company of Morro Bay as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Morro Bay that Morro Creel, Nursery and Landscape Company, of ('Morro Bay be hereby awarded the contract For weed abatement tractor mowing in the amount of $Lf.ES per hour per foot width of cut. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1991, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None "J MARIE7Z,Na r ATTEST: A 4ITH DAVIS, City Clerk e • R RESOLUTION NO. 49-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING AN APPEAL AND APPROVING A VARIANCE TO ALLOW THE REDUCTION OF A SIDEYARD SETBACK FOR CONSTRUCTION OF AN ATTACHED CARPORT T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. VAR 01-91 WHEREAS, the Planning Commission on the 1st day of April, 1991 did hold a duly noticed PUBLIC HEARING to consider the request of Mr. and Mrs. C. McCormick for a Variance to allow a reduction f a sideyard setback for construction of an attached carport for property located at 486 Fresno in the R-1 Zone, more particularly described as; APN 66-195-15 Lot 20, Block 3, Morro Heights Tract City of Morro Bay County of San Luis Obispo State of California WHEREAS, the Environmental Coordinator determined that the project is exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, after considering the staff report and all public testimony did by adoption of Resolution No. 16-91, deny the request; and WHEREAS, on May 8, 1991 Mr. and Mrs. McCormick did appeal the Planning Commission's action; and WHEREAS, The City Council of the City of Morro Bay on the 13th day of Mag, 1991, did hold a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, at said PUBLIC HEARING, after considering the appeal 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 is in conformance with the Morro Bay General Plan, Coastal Land Use Plan and Zoning Ordinance; and 2. The variance will not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity in the R-1 zone in which the subject property is situated; and f City Council Resolution No. 49-91 Page Two 3. That because there are special circumstances applicable to the subject property including location of the residence and existing garage which preclude conforming solutions, the strict application of the code is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical classification; and 4. That the construction of the proposed carport will enhance the visual appearance of the property and the neighborhood by providing attractive screening for parked vehicles. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby uphold the appeal and grant approval of Variance 01-91, with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of May, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: Cs��d ARDITH DAVIS, City Clerk ROSE MAR SHEETZ, ayor 0 CONDITIONS OF APPROVAL Case No. VAR 01-91 A. STANDARD CONDITIONS 1. This variance 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. Inaugurate Within One Year: Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. Compliance with Law: All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with. in the exercise of this approval. 5. Hold Harmless: 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. r R E S GLUT = ON NO _ 4 8— 9 1 A RESOLUTION ESTABLISHING NEAR AND LONG-TERM POLICIES AND PRIORITIES OF THE CITY FOR PERMANENT SUPPLEMENTAL WATER SUPPLY PROJECTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, an adequate and dependable supply of potable water is essential to the public health, welfare, and safety of the Morro Bay community; and WHEREAS, the community of Morro Bay, prior to incorporation and following incorporation in July 1964, obtains all of its water supply from well fields in the Chorro and Morro Watershed Basins; and WHEREAS, it has been sufficiently demonstrated in years of dry periods and lower -than -average rainfall seasons these well fields experience operational difficulties in producing suffi- cient quantities and qualities of water for the Morro Bay munici- pal water system; and WHEREAS, irrigated agriculture on private properties in the Morro and Chorro Basins has intensified in recent years and has strained the water resources available to the City as the last downstream user; and WHEREAS, the Morro Bay City Council adopted on 23 August 1982 a Morro Bay Area Water Management Plan that identified and quantified the status of the water resources of Morro Bay, and cited conclusions and recommendations for the future water man- agement plans of Morro Bay; and WHEREAS, on 27 March 1989, the City Council set the most recent set of policies for permanent, long-term water resource projects of the City; namely, Coastal Streams Diversion Phase I, San Bernardo Creek Dam/Coastal Streams Diversion Phase II, Coastal Branch of State Water Project, and a water treatment plant, said projects not assigned any particular priority; and WHEREAS, the City of Morro Bay since that date has been diligently pursuing the development of these supplemental water supply projects and expending public monies in accordance thereof; and WHEREAS, on 22 April 1991, the City Council held a public hearing at a regular meeting to review the status of said water projects and to evaluate circumstances and updated information pertaining to these and other available water resource projects not actively being pursued; and t 0 0 Resolution No. 48-91 Page Two WHEREAS, upon the conclusion of deliberations concerning water resource projects and priorities for Morro Bay, a majority of the City Council did approve revised plans for the pursuit of long-term supplemental water projects for the City of Morro Bay; and WHEREAS, it is appropriate and proper to formally establish by Resolution the amended directions for permanent water supply sources for Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay, California, does hereby set and establish the follow- ing near and long-term policies and priorities of the City for permanent, supplemental water supply projects: 1. Water Conservation; and 2. Reclamation of Treated Wastewater Effluent from the Morro Bay-Cayucos Wastewater Treatment Plant; and 3. Importation of Water from the Lake Nacimiento Reservoir located in northwestern San Luis Obispo County. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 13th day of May, 1991 on the fol- lowing vote: AYES: Luna, Mullen, Sheetz NOES: Baker, Wuriu ABSENT: None R E MKRIE SHE Z, Mayo ATTEST: AR IDA�City clerk RESOLUTION NO. 47-91 RESOLUTION SUPPORTING THE ENACTMENT OF ASSEMBLY BILL 1423 AND SENATE BILL 235 RELATING TO MINIMUM RECYCLED CONTENT REQUIREMENTS FOR VARIOUS TYPES OF CONTAINERS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay is committed to meeting or exceeding the recycling and waste reduction requirements of the California Integrated Solid Waste Management and Recycling Act of 1989 (AB 939); and WHEREAS, a key to the long term success of recycling and waste reduction in California depends on a balanced strategy of incentives and programs for the collection of recyclables and stimulating demand for recyclable materials through appropriate market development efforts; and WHEREAS, AB 1305 was enacted in 1989, which created a successful recycled newsprint market development program by mandating minimum levels of recycled content in newspaper; and WHEREAS, AB 1423 by Assembly Member Michael Gotch and Senate Bill 235 by Senator Gary Hart would establish similar minimum recycled content requirements on all paper, glass, aluminum, steel, bi-metal, and plastic containers sold in California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. To support the enactment of AB 1423 and SB 235; and 2. To convey support for AB 1423 to Assembly Member Michael Gotch, Assembly Member Andrea Seastrand, Senator Ken Maddy, Assembly Member Byron Sher, Chair of the Assembly Natural Resources Committee, California League of Cities, and County Supervisors Association of California; and 3. To convey support for SB 235 to Senator Gary Hart, Assembly Member Seastrand, Senator Maddy, Senator Dan McCorquodale, Chair of the Senate Natural Resources and Wildlife Committee, League of California Cities, and County Supervisors Association of California; and 4. To request Assembly Member Seastrand and Senator Maddy to join with representatives of the League of California Cities, County Supervisors Association of California, Sierra Club California, Planning and Conservation League, and Californians Against Waste in working for the passage of AB 1423 and SB 235. RESOLUTION NO. 47-9 • • PAGE 2 PASSED AND ADOPTED by the City Council for the City of Morro Bay at a regular meeting held thereof on May 13, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ARDITH DAVIS, City Clerk , 't .1 0 i RESOLUTION NO. 46-91 RESOLUTION SUPPORTING THE ENACTMENT OF ASSEMBLY BILL 750 AMENDING THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT OF 1986 BY ADDING WINE, LIQUOR, AND NON -CARBONATED WATER CONTAINERS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay is committed to recycling and waste reduction plans and programs to meet the requirements of the California Integrated Solid Waste Management and Recycling Act of 1989 (AB 939); and WHEREAS, AB 750 by Assembly Member Burt Margolin would provide a financial incentive for the collection and recycling of the more than 325,000 tons of wine, liquor, and non -carbonated water containers littered and landfilled in California annually by adding said containers to the California Beverage Container Recycling and Litter Reduction Act of 1986; and WHEREAS, the total cost to California local governments for the collection and disposal of wine, liquor, and non -carbonated water containers is estimated to be more than $20 million annually; and WHEREAS, in the months since the California Redemption Value increased to two -for -a -nickel, recycling rates for specified beverage containers have increased significantly; and WHEREAS, the enactment of AB 750 will assist the City of Morro Bay in meeting the requirements of AB 939. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. To support the enactment of AB 750; and 2. To convey the City of Morro Bay's support for AB 750 to Assembly Member Burt Margolin, Assembly Member Andrea Seastrand, Senator Ken Maddy, Assembly Member Byron Sher, Chair of the Assembly Natural Resources Committee, League of California Cities, and County Supervisors Association of California; and 3. To request Assembly Member Seastrand and Senator Maddy to join with representatives of the League of California Cities, County Supervisors Association of California, San Diego Association of Governments, Sierra Club California, Planning and Conservation League, and Californians Against Waste in working for the passage of AB 750. RESOLUTION NO. 46-9 • • PAGE 2 PASSED AND ADOPTED by the City Council for the City of Morro Bay at a regular meeting held thereof on May 13, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None c�w�- ARDITH DAVIS, City Clerk WMF • • RESOLUTION NO. 45-91 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 71-72 TO MICHAEL LORENZO, DBA CAPTAIN MAD DOGS, AND AMENDMENT TO LEASE ADDING "NON -PERMANENT HOT DOG STAND^ AS AN APPROVED USE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites 71-72/71W-72W; and WHEREAS, Morro Bay Marina Inc. is the lessee of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessee has entered into a sublease agreement for a portion of Lease Site 71 with Michael Lorenzo, dba Capt. Mad Dogs, a copy of which sublease agreement has been presented to the City of Morro Bay; and WHEREAS, the Planning Commission has approved an extension of Conditional Use Permit 57-90 to the applicants for a non -permanent hot dog stand; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Sites 71-72 to Michael Lorenzo; BE IT FURTHER RESOLVED that the Lease for Lease Sites 71-72 be amended to add "non -permanent hot dog stand" as an approved use subject to review and approval by the City Attorney of all required documentation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of May, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None MARIE SHEEPS, MAYOR ARDITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUDLEASE AGREEMENT is entered into this 16 day of APRIL 19 91 , bq and between MORRO DAY MARINA (hereinafter referred to as "Lessee"), and individual(s) MTCHAFI IORFN70 and Nn OTHFR , doing business as CAPTAIN MAD Tlnr, (hereinafter referred to as "Sublessee') and "THE CITY OF MORRO DAY (hereinafter referred to as "City"). RECITALS WHEREAS, a Lease was executed on JUNE 1 19e, for Lease Site(s) 71 between the fnuNTY of SAN I IIT-, AND f.HRTS GFog(,r AND IsARFi GFnRrF:together with amendments, assignments and assumptions dated -V L b,: (hereinafter referred to as "Lease"). WHEREAS, Lessee desires to assign a sublease for a portion of the premises to Sublease. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Lessee and Sublessee jointly and severally guarantee that Lessee will pay all of the sums required of Lessee and Sublessee under the terms of the Lease to City. In the event Lessee fails to make such payment, Sublessee agrees to promptly make such payment to City. Failure to pay the rent shall constitute a violation of the Lease and City shall, after three (3) days' written notice to Lessee, have the following options: (a) City may elect to pursue all legal remedies against Lessee alone or against both Lessee and Sublessee or against Sublessee alone. City's election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both Lessee and Sublessee agree that they are to be jointly and severally liable for any breach by the Sublessee. (b) City shave all other legal remedies proed for in the Lease 2 and allowed by law, including the right to bring an action for unlawful detainer against Sublessee, Lessee, or both, for nonpayment of rent by Lessee of Sublessee's portion of rent due to City. 2. Sublessee specifically agrees to comply with each and all of the terms and conditions of the Lease attached as Exhibit A. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease, and all of the parties agree that a violation by Sublessee of the terms of the Lease shall constitute a violation of the Lease by Lessee. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease, and agrees to indemnify City, as landlord, from any and all claims, loss, cost or expense resulting from Sublessee's failure to comply with the terms of the Lease. 3. The term of the Sublease, e.tached as Exhibit B. shall be one year, commencing upon execution of the said Lease and the Sublease shall not in any event exceed the terms of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgement. 4. Sublessee acknowledges its duty to secure a copy of the Lease and each and all of the amendments to that Lease from Lessee, and to review each and all of the terms, and Sublessee agrees to comply with each and all of the terms and conditions of those documents. Sublessee acknowledges and agrees that this duty exists between Sublessee and Lessee and not between Sublessee and City. 5. The proposed use by Sublessee is as follows: HOT DOG VENDING STAND Said designated use shall not he changed without the prior written consent of the City. Sublessee agrees that any use by Sublessee of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Lease, shall constitute an unauthorized use. The area of the Lease site covered by the Lease is attached as Exhibit C and constitutes approximately 5362 square feet. The area of the Sublease site and of the proposed use is included in Exhibit C and constitutes approximately 50 _square feet. The location and size of the proposed use shall not be altered without the prior written consent of the City. 6. SublesseWall not substantially alter or irepve the premises or 3 any part thereof wiTnout first obtaining the prior written consent of City. i. Sublessee agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the City's consideration of the Consent to Sublease Agreement. Sublessee shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of City. 8. Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease in an amount of not less that $300,000.00 per occurrence and agrees to name the City of Morro Bay as additional primary insured without offset against the City's insurance. Sublessee agrees to provide the certificates of insurance to the City as required under the Lease and otherwise comply with the insurance requirements set forth in the Lease. 9. Sublessee and Lessee agree to indemnify and save City free and harmless from and against any and all claims by third parties, including reasonable attorney's fees and court costs arising from Sublessee's failure to comply ;^rith any of the terms of this Consent to Sublease Agreement. 10. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the City of Morro 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 conditions or terms of this Consent or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Lease. 11. To the extent that the terms of the Sublease are inconsistent with terms of this Agreement or Lease with the City, this Agreement of Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. IN WITNESS&EREOF, the parties hereto haveWcuted this Consent 4 to Sublease Agree nt as of the day and year first above written at Morro Bay, California. ATTEST: City Clerk Ardith Davis CITY OF MQRRQ BAY A Municipal Corporation B R SE RIE SH Z, May SUBLESSEE LESSEE GUARANTEE MORRO BAY MARINA agrees to guarantee performance by Sublessee of each and all terms and conditions of the above specified Agreement in consideration for the City's consent to the proposed Sublease. Lessee Morro Bay Marina RESOLUTION NO. qq -91 REUISING THE LEUEL. S EMERGENCY WATER RATIONING PROGRAM T H E C I T Y C❑ U N C I L City of Morro Bay, California WHE:RE:AS, on February 11. 1991 and March 25, 1991 the City Council adopted Resolution Nos. 13-91 and 28-91 respectively, declaring the City of Morro Bay to be in an emergency water supply ccndtion; and WHEREAS, bg said Resolution No. 13-91 the City Council instituted and imposed water rationing measures on all customers of the City of Morro Bay water system; and WHEREAS the City Council has determined it is necessary and proper to modify said water rationing measures in order to protect the City's municipal water supply for human consumption, sanitation, and fire protection during the duration of the water supply emergency. NOW, THEREFORE, BE IT RESOLUED by the City Council of the City of Morro Bay that the City Council hereby modifies, imposes, and institutes water rationing measures on all customers of the City of Morro Bay water system as described in the "Revised Water Rationing Program" attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED on this 13th day of May, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: E MARIE SHE TZ, f1ayo ATTEST: ARDITH DAUIS, City Clerk Exhibit A ENEP.SENCY WATER SUPPLY CON➢ITION REVISED WATER RATIONING PROGRA11 CLevei 5) (Rev Sf13i91) 1. Allowable Water Use. Water use by customers OF the municipal water system shall be limited as follows. A. Single-family residential: The maximum allowable water use shall be nine C.5) billing units per month For homes with up to three permanent residents. Two additional units shall be added for each additional permanent resident. (Note: One billing unit = one hundred cubic feet = 7SO gallons. Nine billing units per month = 225 gallons per deg = 0.99 water equivalencies per year.) B. Multi -Family residential (apartments and condos): The maximum allowable water use shall be seven M billing units per month for up to three permanent residents, with two additional units for each additional permanent resident. C. Residences claiming more than three persons per house- hold shall be required to provide a written statement to the City Finance Director listing the actual number of permanent residents. ➢. Commercial and non-residential uses: The maximum allow- able water use shall be an amount equal to the customer's prior water use at that location For the same billing period last year Cor the average OF the prior two years if avail- able). 2. Surcharge for exceeding the allowable water use. Customers exceeding their monthly allocations shall be assessed a 50% "surcharge" for the first billing period in which the maximum allowable amount is exceeded; a 100% surcharge for the second consecutive billing period in which the maximum allowable amount is exceeded; and a 200e surcharge For the third consecutive billing period in which the maximum allowable amount is exceeded. 3. Any surcharges incurred bg customers under the emergency water rationing program prior to 22 April, 1991 shall be waived. q. The appropriateness and reasonableness of all surcharges and the amount allowable to each customer may be appealed in writing to the City's Finance Director or her designee. If the matter is not resolved at that level the matter may then be appealed in writing to a sub -committee of the Council. If the mattter is Still not resolved it may then be appealed in writing to the full 1 6 6 REVISED LEUEL S EMERGENCY WATER RATIONING PROGRAM Page Two Citg Council. The Finance Director or her designee is authorized to adjust the surcharge and/or the maximum allowable amount for each appealing customer after considering the individual circum- stances and conditions of the customer to insure any such sur- charge: or maximum allowable amount is reasonable and appropriate For that customer, S. The City shall place an immediate temporarg moratorium ❑n issuing building permits to begin construction of new projects which would accomodate new water use. CThis includes restaurant ❑r commercial -type expansions which would increase water use.) 0 RESOLUTION NO. 43-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING AN APPEAL AND APPROVING MODIFICATIONS TO CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW AN EXPANSION TO AN EXISTING ELEMENTARY SCHOOL T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 02-91/CDP 58-90 WHEREAS, on the 4th day of February, 1991 the Planning Commission did hold a duly noticed PUBLIC HEARING to consider the request of the San Luis Obispo Unified School District for a Conditional Use Permit and Coastal Development Permit to allow an expansion to the existing Del Mar Elemenatary School located at 501 Sequoia in R-2 zone, more particularly described as: APN 65-145-04 (as described on Attachment A attached hereto) City of Morro Bay County of San Luis Obispo State of California WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the project has been found to qualify for a Categorical Exemption and on further documentation is deemed necessary; and WHEREAS, following the public hearing, the Planning Commission did approve the request by adoption of Resolution No. 05-91 with conditions; and WHEREAS, on February 13, 1991, Mr. Rory Livingston, representing the San Luis Obispo Unified School District, did appeal the Planning Commission's action; and WHEREAS, The City Council of the City of Morro Bay on the 13th day of May , 1991, did hold a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission action, and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The project will not be detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the neighborhood; City Council Resolution No. 43-91 Page Two 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; 3. The project will not be injurious or detrimental to the general welfare of the City; and 4. The project is in conformance with the General Plan and the certified Local Coastal Program Land Use Plan (LCP) and Zoning Ordinance. 5. Water usage of the added classrooms will not exceed the water use of the landscaped area which is being covered by the new classrooms. Reductions in water use will be required through the reduction of irrigated turf and retrofitting of existing bathroom fixtures; and 6. The modifications to conditions are in conformance with policies pertaining to pedestrian access contained in the City's Circulation Element; and 7. The modifications to conditions enable retention of landscape and parking areas which provide an enhancement to the site. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby uphold the appeal and approve modifications to conditions as set forth in the Administrative Amendment for Case No. CUP 02-91/CDP 58-90. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of May, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST* ARDITH DAVIS, City Clerk • Exhibit A All that real property located in the County of San Luis Obispo, State of Cali- fornia, described as a portion of Lot 29 of the Rancho Morro Y Cayucos, according to the map thereof recorded September 28, 1875, in Book A, page 160 of Maps, in the office of the County Recorder of said County, and further described as that portion of the parcel of land described in the final decree in the matter of Morro Union Elementary School District vs. Alvin H. 'vVilmar, et al, as recorded in Volume 1034 at page 56, in the office of the County Recorder of said County more particularly described as follows. Beginning at the most northerly corner of Ocean Heights No. 2, as shown on the map thereof recorded February 14, 1928, in Book 3, page 116 of Maps, in the office of the County Recorder of said County, thence North 17' 30' west 50.00 feet; thence South 720 30' west 632.26 feet parallel with and distant 50.00 feet from the northerly line of said Ocean Heights No. 2, and the northerly line of Ocean Heights No. 1 as shoiin on the map thereof recorded August 8, 1925 in Book 3, page 62 of Maps, in the office of the County Recorder of said County; thence South 17' 30' east 50.00 feet to the northerly line of said Ocean Heights No. 1; thence North 72' 30' east 632.26 feet along the northerly line of said Ocean Heights, No. 1, and said Ocean Heights No. 2 to the.point of beginning. • CONDITIONS OF APPROVAL • CASE NO CUP 02-91 & CDP 58-90 GENERALSTANDARD CONDITIO 1. Exhibits: This request is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shoran on the aforementioned exhibit, unless otherwise specified herein. 2. Inaugurate Within Two Years: Unless the construction or operation of the structure or facility for both phases is commenced not later than two (2) years after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. Compliance with Law: All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction .by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. 7. Acceptance of Conditions: Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions stated herein. Conditions of Approval • Case No. CUP 02-91/CDP 58-90 Page Two B. BUILDING & SITE CONDITIONS: 1. Water Saying Devices* Water saving devices shall be required in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. The existing lavatories shall be retrofitted, if needed, with facilities meeting City standards for water saving. 2. Undercxroundinq of Utilities: All new utilities on -site including electrical, telephone and cable television shall be installed underground. 3. Screening of Equipment: That all new roof -mounted air conditioning or heating equipment, vents or ducts shall be screened from view in the manner approved by the Director of Community Development and Planning Commission (according to criteria and methods stated in the staff report and the submitted exhibits). 4. Screening of Trash Storage: That any trash enclosure shall be a functionally located esthetic extension of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate the enclosure in a manner which will not interfere with a reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. 5. Exterior Lighting: That any new exterior Lighting system shall comply with Exhibit(s). Such a system shall be low level with a height of fixture not to exceed a maximum of 16 feet and shall achieve the following objectives; avoid interference with reasonable use of adjoining properties; minimize on -site and off - site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. 6. Signage: That the total signing program shall be subject to Chapter 17.68. A sign permit is required. 7. Setback: The sixth classroom, when installed, shall be a minimum of 20 feet from the front property line and 20 feet from the west property line. 8. Archaeology: That in the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. Conditions of Approva• • Case No. CUP 02-90/CDP 58-90 Page Three 9. Water Equivalencies: a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been net for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to water Equivalencies. Following the issuance of a building permit and just prior to Final Occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. C. LANDSCAPING CONDI 1. Landscaping conditions: A landscaping plan shall be required to include details on the number, size, location and type of species for all plant materials. In addition, the landscaping plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be approved by the Director. 2. Landscaping Protection- All new landscaping and planting within paved areas shall be contained within raised planters surrounded by six (6) inch concrete curbs. 3. Protection, of Existing Trees: The developer shall protect and preserve existing trees to the extent that is practicable. The developer shall consult with Community Development Director to achieve the following goals: eliminate crowding; eliminate dead, dying or diseased trees; protect root structures from grading; top trees for the safety to persons and property and the continued health of the remaining trees; provide sufficient irrigation, pruning, fertilization, weed control, pest and animal control and disease control to insure continued health. The loss or removal of the healthy existing trees is described as constituting an irreversible loss of a valuable resource or other environmental value shall be replaced by the developer as a mitigation measure with new tree(s) to be approved by the Community Development Director. 4. Timing of Landscaping All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of Occupancy. during drought period, all new landscaping shall be postponed. Bonding may be required. Maintenance of Landscaping_ All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for; maintained, watered, fertilized, fumigated, pruned and �J n U Conditions of Case No. CUP Page Four Approval 02-91/CDP 58-90 kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plant materials having similar functional characteristics and a size either equivalent to or exceeding the original size. 6. Planting Buffer: Planting buffers shall be added along the Sequoia Street right-of-way and along the west property line to mitigate impacts on the adjoining residential area. Said buffers shall be a minimum of 20 feet in depth. D. PUBLIC WORKS_CON_DITIO 1. off -Site Public Facilities: The applicant shall submit engineering drawings and cost estimates for the proposed off -site facilities for review and approval by the City Engineer. Upon approval of the design drawings, the applicant shall deposit financial security with the City in the amount of 1500 of the estimated construction cost prior to the issuance of a building permit. 2. Grading_& Drainage Plan: The applicant shall submit a grading and drainage plan with calculations to demonstrate the proposed on -site drainage facilities will handle the peak runoff from a 25-year storm. Surface disposal of drainage over sidewalks or driveways is prohibited. The applicant shall construct on -site inlets and through -curb drainage facilities in accordance with City standards. 3. Encroachment Permit: That an encroachment permit is required for all current and former work within the public right-of-way prior to a zone clearance or recordation of the final map. 4. Frontage Improvement• The applicant shall complete the following improvements within one year: a. Replace the existing asphalt dike wiht concrete curb and gutter from the west driveway to the west property boundary (approx. 135 If.) b. Install concrete sidewalk across the street frontage of the property where such does not now exist from the west driveway to the west property boundary (approx. 135 If.) C. Install handicap access ramps between the on -street parking area and the sidewalks. Case No. CUP 02-91/Ce 58-90 Page Five 5. Off -Site Drainage Impact: The Storm Drain Master Plan indicates a need for the city to construct a $70,300 drainage improvement facility immediately "downstream" of the project location. The subject application will have a direct impact on the drainage volume the Master Plan facility will be required to handle. This Department recommends the Applicant be required to pay a drainage impact fee directly proportional to the increase in runoff the project will contribute to the required drainage improvement. The Applicant shall submit engineering calculations to determine this proportionate increase. E. FIRE DEPARTMENT 1. Fire supervision• All provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Say. 0 RESOLUTION NO. 42-91 RESOLUTION AWARDING BID NO. PW91-105 FOR ONE NEW HEAVY-DUTY 3/4-TON TRUCK WITH UTILITY BODY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay's Adopted Budget for FY 1990/91 included $15,000 for the purchase of one new heavy-duty 3/4-ton truck with utility body for the Department of Public Works/Street Division; and WHEREAS, bids for one new heavy-duty 3/4-ton truck with utility body were solicited pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, two responses were received and were publicly opened at 2:00 p.m., April 15, 1991; 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 $18,479.30. WHEREAS, the difference of $3,479.30 between the amount budgeted and the purchase price is available in the Street Division Contingency Fund (Account No. 120-980-700). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW91-105 for one new 3/4-ton heavy-duty truck with utility body to Central Valley Truck Center of Fresno, California in the amount of $18,479.30 and to transfer $3,479.30 from the Street Division Contingency Fund (Account No. 120-980-700) to the Street Division Budget for said truck (Account No. 120-730-543-088). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of April, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST' ARDITH DAVIS, City Clerk MCU/LC:UPTON#2:92-90 4 Az; / 2 �i e,, RESOLUTION ACCEPTING PROPOSAL FROM AQUA DESIGN,INC. FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A TEMPORARY EMERGENCY POTABLE WATER SUPPLY FACILITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Resolution No. 13-91 on February 11, 1991 and Resolution No. 28-91 on March 25, 1991, the City Council of the City of Morro Bay declared a State of Local Water Supply Emergency due to drought conditions; and WHEREAS, it may become necessary to provide a temporary emergency supplemental water supply in the event the City's groundwater resources become further depleted due to continued drought conditions; and WHEREAS, the City has solicited proposals from qualified firms to supply potable water to stabilize the City's water supply during the continuance of drought conditions with delivery commencing July 1991; and WHEREAS, Aqua Design, Inc. has submitted a proposal to provide said supply via seawater desalination which most nearly meets the City's needs; and WHEREAS, it has been determined to be in the best interest of public health, safety and well-being to enter into an agreement with Aqua Design, Inc. to provide said temporary emergency potable water supply. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. The proposal offered by Aqua Design, Inc. is hereby accepted subject to mutual consent to terms and conditions of the Agreement; and 2. The City Administrator of the City of Morro Bay is hereby authorized and directed to sign said Agreement on behalf of the citizens of Morro Bay; and 3. The City Administrator, City Attorney and Director of Public Works are hereby authorized and directed to negotiate terms and conditions of said Agreement on behalf of the City; and PPtejolution No. 41-91 Page Two 4. Aqua Design, Inc. is hereby authorized and directed to commence all operations necessary and appropriate to assure delivery of potable water to the City distribution system within the required time frame; and 5. City Staff is hereby authorized and directed to work closely with Aqua Design, Inc. and obtain any and all permits and agreements necessary to assure installation and operation of the Temporary Emergency Potable Water Supply Facility and its appurtenances conform to local, State and Federal requirements governing such emergency works; and 6. Operation of said Facility shall be limited to those times wherein a Declaration of Local Water Supply Emergency exists. This Facility is in no way, at this time, to be considered a permanent source of potable water supply. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 22nd day of April, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None Ile //ROLfE MARrE SHEE , Mayor ATTEST: L� ARDITH DAVIS, City Clerk ` RESOLUTION NO. 40-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USE RATES AND RELATED FEES AND DEPOSITS FOR WATER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable water supply; and WHEREAS, the City Council finds that an emergency desalination project is neccesary to insure such adequate and reliable supply; and WHEREAS, additional funds are neccesary to provide funds for such desalination plant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of water use rates, fees, and deposits for services is adopted, effective May 1, 1991 and thereafter. Water use rates....... per water use rate schedule Reconnection Charge..................$32.00 Delinquent Charge ..................... 10% Construction meter: Setting Charge ....................$32.00 Use charge/day.. ..............$3.00 Use rate/100 cubic feet .... same as use schedule Deposit: Residential renter................$50.00 Construction renter...............$65.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this22nd day of April, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None A ROSE MA IE4SHEEMayor ATTEST: ARDITH DAVIS, City Clerk • 1 • WATER USE RATE SCHEDULE USAGE 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WATER TOTAL USAGE/ WATER UNIT USAGE CHARGE 2.34 2.34 4.71 7.10 9.50 11.92 14.35 16.80 19.25 21.72 24.21 26.70 29.21 31.73 34.27 36.82 39.38 41.95 44.54 47.14 49.75 52.40 55.09 57.82 60.58 63.38 66.21 69.07 71.96 74.87 77.82 80.80 83.80 86.83 89.88 92.96 96.06 99.18 102.32 105.48 108.67 111.88 115.10 118.35 121.62 124.90 128.21 131.52 134.86 138.22 141.60 * USAGE WATER TOTAL * USAGE/ WATER * UNIT USAGE * CHARGE k * 53 3.42 151.81 * 54 3.43 155.25 * 55 3.46 158.70 * 56 3.47 162.18 * 57 3.48 165.66 * 58 3.50 169.16 * 59 3.51 172.67 * 60 3.52 176.19 * 61 3.54 179.73 * 62 3.55 183.27 * 63 3.56 186.84 * 64 3.59 190.42 * 65 3.60 194.03 * 66 3.61 197.64 * 67 3.61 201.25 * 68 3.63 204.88 * 69 3.64 208.52 * 70 3.65 212.17 * 71 3.67 215.84 * 72 3.68 219.52 * 73 3.69 223.21 * 74 3.71 226.92 * 75 3.72 230.63 * 76 3.73 234.36 * 77 3.74 238.11 * 78 3.74 241.85 * 79 3.76 245.61 * 80 3.77 249.38 * 81 3.78 253.16 * 82 -3.80 256.96 * 83 3.80 260.75 * 84 3.81 264.56 * 85 3.82 268.39 * 86 3.84 272.22 * 87 3.85 276.07 * 88 3.85 279.92 * 89 3.86 283.78 * 90 3.87 287.65 * 91 3.87 291.53 * 92 3.89 295.41 * 93 3.90 299.31 * 94 3.91 303.23 * 95 3.91 307.14 * 96 3.93 311.06 * 97 3.94 315.00 * 98 3.94 318.94 * 99 3.95 322.89 * 100 3.97 326.86 * 101 3.97 330.82 * 102 3.98 334.80 * 103 3.99 338.79 USAGE WATER TOTAL USAGE/ WATER UNIT USAGE CHARGE 106 4.00 350.79 107 4.02 354.81 108 4.03 358.84 109 4.03 362.87 110 4.04 366.91 111 4.04 370.96 112 4.06 375.01 113 4.07 379.08 114 4.07 383.15 115 4.08 387.23 116 4.08 391.31 117 4.10 395.41 118 4.10 399.50 119 4.11 403.61 120 4.12 407.73 121 4.12 411.85 122 4.13 415.99 123 4.13 420.12 124 4.15 424.27 125 4.15 428.42 126 4.16 432.58 127 4.16 436.74 128 4.17 440.91 129 4.17 445.08 130 4.19 449.27 131 4.19 453.45 132 4.20 457.65 133 4.20 461.85 134 4.21 466.06 135 4.21 470.28 136 4.23 474.50 137 4.23 478.73 138 4.24 482.96 139 4.24 487.20 140 4.25 491.45 141 4.25 495.70 142 4.26 499.97 143 4.26 504.23 144 4.26 508.50 145 4.28 512.77 146 4.28 517.05 147 4.29 521.34 148 4.29 525.63 149 4.30 529.93 130 4.30 534.24 151 4.32 538.55 152 4.32 542.87 153 4.32 547.18 154 4.33 551.51 155 4.33 555.84 156 4.34 560.18 51 3.39 144.99 * 104 3.99 342.78 * 157 4.34 564.53 52 3.41 148.40 * 105 4.00 346.79 * 158 4.36 568.88 6 b RESOLUTION NO. 39-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE 1990/1991 MASTER FEE SCHEDULE TO INCLUDE A FEE FOR INSPECTION OF MANDATORY RETROFIT OF STRUCTURES UPON TRANSFER OR SALE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay adopted Ordinance 395 on the 25th day of March, 1991 requiring certification that all structures have been retrofitted with water saving devices as set forth in Section 14.24.050 of the Morro Bay Municipal Code prior to transfer or sale; and WHEREAS, implementation of Ordinance 395 requires professional plan checking services by the City of Morro Bay Building Official; and WHEREAS, the City has reviewed the staff time and costs associated with such inspections; and WHEREAS, the same review determined that the cost of an inspection by City Staff to verify that the required retrofitting was performed is minimal for a first inspection; but that a second inspection if required will result in costs to the City. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California that the Master Fee Schedule is amended as follows and will be effective April 9, 1991 and, thereafter until changed. FEE SCHEDULE MANDATORY RETROFIT PLUMBING INSPECTION PRIOR TO SALE OR TRANSFER OF PROPERTY FIRST INSPECTION: Ne eestk C5 wt-u<)80 ADDITIONAL INSPECTIONS: $15.00 PER INSPECTION PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held there on the ath day of April, 1991, by the following vote to wit: AYES: Baker, Wuriu, Luna NOES: None ABSENT: Mullen, Sheetz ATTEST: ARDITH DAVIS, City Clerk EN L A, Vi /e yor 4 MINUTES - MORRO BAOCITY COUNCIL REGULAR MEETING - MAY 13, 1991 PAGE 8 reclaims only 3% of its water currently. Councilmember Mullen believes with the help of the Board of Supervisors, Morro Bay will have Nacimiento water. She said State Water is 100% over - contracted. Councilmember Luna said it is obvious State Water is not a long- term solution. He referred to an article in the LA Times which indicated the State Water Project cut off supplies to some of the farmers in the valley and was unable to deliver its full amount to some of the Southern California districts. He believes one of the problems in the past is Council has sent the staff in too many directions for water, and it is time to narrow the alterna- tive water solutions to two or three projects and pursue them. Mayor Sheetz commented on newspaper articles stating desal is the water of the future, and State Water is in the past. She said many people who have supported State Water in the past have dif- ficulty letting it go and realizing there are other alternatives. Mayor Sheetz suggested recently to Supervisor Blakely that a meeting be held by the cities in the County and the County to discuss the County's plans for long-range water. MOTION: Mayor Sheetz moved for adoption of Resolution No. 48- 91. The motion was seconded by Councilmember Mullen and carried with Councilmembers Baker and Wuriu voting no. (3-2) B-4 REQUEST TO RE-EXAMINE FEE FOR CITY INSPECTION OF SERVICES OF LOW -FLOW FIXTURE RETROFITS UPON SALE OR TRANSFER OF REAL PROPERTY (RESOLUTION NO. 39-91) Councilmember Mullen stated she was not at the meeting when this item was discussed and Council established no fees for initial inspections on mandatory retrofit. She does not believe the City can perform services without passing the costs on to the user. She supports the original staff recommendation to charge $15 for the initial inspection and $15 for each inspection thereafter. Mayor Sheetz commented she was not at the meeting either. When appearing before the Board of Realtors recently, she indicated what she thought the fees were ($15 for initial inspection, and $15 for subsequent inspections) and they had no problem with the fees. Councilmember Baker said the City is not performing the service for free; the taxpayer pays for the people on staff. There is very little building going on right now; he believes the City should not charge for the first inspection. Councilmember Mullen commented the fee does not make money for the City; it covers the cost for City personnel performing the service. " S Is MINUTES AY CITY COUNCIL - MORRO B0 REGULAR MEETING - MAY 13, 1991 PAGE 9 MOTION: Councilmember Mullen moved Council set the fee at $15 for the first inspection and $15 for additional inspec- tions. The motion was seconded by Councilmember Luna and carried with Councilmember Baker voting no. (4-1) D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE FOR SIDE -YARD SETBACK FOR A CARPORT (486 FRESNO AVENUE; McCORMICK, APPELLANTS; VAR 01-91) Mr. Farrel stated this appeal from a Planning Commission denial of a variance involves a request to construct a carport within the sideyard setback at 486 Fresno. The Planning Commission denied the request due to the lack of special circumstances (hardship) applicable to the property to justify granting the variance. Also, there are alternatives available to the appli- cant. He said the applicants made the same request in 1982 at which time the existing Planning Commission granted the variance. Mr. Farrel commented the Planning Department has received a num- ber of variance requests in the last two years, and the Planning Commission is trying to be more specific in their findings for granting variances. Mayor Sheetz asked what is the difference between the setbacks on a garage and a carport? Mr. Farrel reviewed the regulations for setbacks and the reason for them. He said some of the lots in Morro Bay are so small, Council may be interested in amending the ordinance to reduce the setbacks for more townhouse -type of building. Mayor Sheetz noted the number of houses in Morro Bay without the setbacks, and suggested revision of the standards may be in order. Councilmember Wuriu commented it would look better if the car- port, house, and garage all had the same setbacks. He said it looks like the McCormicks are trying to do something everyone else is already doing. Mayor Sheetz opened the hearing to the public. Mrs. Joyce McCormick, 486 Fresno, noted Council is presented with a Resolution denying the appeal before the public hearing is held; she hoped the Council will not sign the already -prepared document and will use their own discretion in rendering a fair decision on the request. She said the request is not a special privilege; there are 18 similar cases in her neighborhood. She thanked the Councilmembers who took the time to view the situa- tion personally. Councilmember Baker noted one of the reasons the Code requires setbacks is for fire protection; however, in this case the garage is three feet from the property line and it would be more esthet- RESOLUTION NO. 38-91 RES❑LUTI❑N ACCEPTING AN ❑FFER OF DEDICATION FOR PUBLIC STREET PURPOSES ALONG JAVA AND KODIAK STREETS ADJACENT TO MAIN STREET AS MADE ON PARCEL MAP MBAL 90-314 T H E C I T `r, C❑ U N C I L WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 21st of January 1991, did approve tentative map MBAL 90-314; and WHEREAS, a Condition of Approval of Conditional Use Permit No. 08-90 for such map was the dedication of right-oF-way for public street purposes along those portions of Java and Kodiak Streets adjacent to the project site; and WHEREAS, an offer ❑f dedication for such right-oF-way was made on behalf of the public on parcel map MBAL 90-314 as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morr❑ Bay, California does accept ❑n behalf of the public the offer of dedication of right-oF-way made on parcel map MBAL 90-314. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of April 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None attest: ARDITH DAVIS, City Clerk IX-U8949-mS :a OTJQWV 3•�i,d 0 5 OO pua''Em4 Anota p 1PO0ay9�°� �i 91 Vat q�Ti .; j� ,� a� N ° $Asga ii �` (� be A ai �g g °o A g as 4 �I A• M �' Ul W�o T p Ob CA Alp a� Q) C o Oe /� iP g V u YE C �N yi «bum a eoA mba G F o o q m H pp�9.•:w a O °� A Y gg u q may � mqp a 0 2dm \ � w0 AQt �yaw"ov a m A o u A H C •mi d,tl '� A 0 U E1 VIA M N I Ik r-� " A m m A O m A Mp�.�U� O p� 9 �O Y y YL �p �.. N u�ba Yb.�q .« .°.`a (L4CID A5 a° � v° CJU 9o"om'& In° A iiu A LL MAO ?p� tl1090 A 0 M Wa ueC AIH �TAv..°+m pM 4qu^ h°A tL pp..6 8 t pp aqq spp x11A0 Y� Ej vigil pig 9 co VVIIS VImbi a�• �t o sEo�m tali 12tli iV{. /�` O a M.00.5n ea q5 0 °F o 9 9. g,�M °u qq;�aRm��7 1a 00 m.°.'w'o �j oil. oF�p�.7 mwu smm�m� yO � °� •°� A M S h m a A I� I w. B a o H 99 o .O a Cn cV L W Tp « W O Q J 02 V p 0 Oa L 'J p6 OO GM oy s m W nmtoa.T.o a 3 c +' C �6% o°cmgot 0 o °nm°oVa U Mrs Q c oEmi u gx� p am mmp Ou ° =�8..0 m�QO0ZV1 ri n H W `VW �V OV S m 0 V LL s .ti Fwe) uany apil m3 3R LO w n 0 0 � RESOLUTION NO. 37-91 RESOLUTION ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AS A POLICY OF THE CITY ON FEDERAL AID PROJECTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has projects which incorporate the use of Federal funds in some phase of such projects; and WHEREAS, the City of Morro Bay wishes to increase disadvantaged business utilization as required by the federal government for Federal Aid projects; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that: 1) The City of Morro Bay hereby adopts the Disadvantaged Business Enterprise (DBE) Program and subsequent modifications as a policy of the City. 2) The minimum "DBE" goal shall be 10% for the City of Morro Bay on projects which include Federal funding. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th day of April, 1991, by the following vote: AYES: Baker, Wuriu, Luna NOES: None ABSENT: Mullen, Sheetz BEN )�UNA, Vic n^ayor ATTEST: ARDITH DAVIS, City Clerk Program Description .for Local Agencies DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM (FHWA encourages the use of this standard program description in accordance with Code of Federal Regulations 49, Part 23, Section 23.45 and other related sections) Caltrans, Division of Local Streets and Roads, Rev. 9-17-87 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY/CQVNI' OF: Morro Bad I. Policy Statement It is the policy of the City of Morro Bay to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49CFR Part 23 in all aspects of contracting to the maximum extent feasible. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts. - 2 - II. Disadvantaged Business Enterprise (DBE) Liaison Officer Director of Public Works is the DBE Liaison Officer for this agency and shall report to the City Administrator He/She-will be assigned such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other DBE programs as may be required_ 'Fhe-r-eper-Ling-str-ucture -and -duties -of support- stsff- -are -shown -or-Attaehmenf -_. III. Duties of the DBE Liaison Officer The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day-to-day basis. The Liaison Officer shall: - o Develop and carry out technical assistance programs for DBEs. o Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as, to facilitate the participation of DBEs. Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. -3- 0 • o Provide guidance to DBE's in overcoming barriers, such as inability to obtain bonding or financing. o Carry out information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. o Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. o Unless noted elsewhere herein the listing of DBE's certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. o Prior to approval of the substitution of any DBE sub -contractor, the prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. o Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. - 4 - Ll o Establish an appropriate individual project DBE goal for each Federal Aid Project advertised. o Perform good faith analysis when the project goal is not achieved. o Maintain such documentation as is necessary to verify performance of all activities included in this Program. IV. Public Notification 1. At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: o The annual overall DBE goal. o Notification that a description of how the goal was set is available for public inspection for a period of 30 days. - 5 - • 0 o Notification that both U.S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. 2. This program will be reaffirmed by public notice annually at the time of publication of overall goal. If substantial changes are made to this document, the entire document shall be subject to notification noted in (1) above. 3. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V. Establishment of Goal 1. The DBE goal will be established both annually (overall) and on a per contract basis. The overall goal will be based on planned contract activity for the coming year. The overall goal established will be subject to methodology and procedures established in 49CFR 23, Subparts (C) and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 13% and covers the period October 1, 1990 to September 30, 1991. 3. Individual project goals will be established based on the following criteria: o Attainment of established overall goals. o Size of project. o Opportunities for DBE's as subcontractors, vendors, and suppliers. o Minority population pf geographic area in which work is to be performed. o DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. o Availability of certified DBEs, o Past experience on projects similar to the project being evaluated. o Such other factors as may effect the utilization of DBE's Complete evaluation documentation will be retained for each project. -7- 4. Projects which do not contain a specific goal will contain the following provisions: A. "Policy. It is the policy of the Department of. Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement." B. DBE Obligation. M The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contacts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts." • 0 VI. Contract Procedure This program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. VII. DBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal_ DBE supportive service assistance centers will receive notification ofprojects scheduled to be advertised. Such Centers, will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. - 9 - VIII. Selection Criteria for Projects with DEE Goal Every project containing a DEE goal shall be evaluated by the DEE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DEE goal. The award of any project must be concurred with by the DEE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to attain contract goals for DEE participation, the matter shall be referred to the DBE Liaison Officer or his/her designee, for final determination. Competitors that fail to meet the DEE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non -responsive and ineligible for award of the contract. All contracts that contain a DEE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DEE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the DEE provision is questionable. The contractor shall submit a final report for each project which includes total payments to the prime contractor as well as any payments - in - the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Set -Asides If determined necessary by the DBE Liaison Officer, DBE Set -Asides will be consider as a tool to achieve annual overall goals. X. Counting DBE Participants This Agency, its contractors, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. -11- XI. Records and Reports 1. The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: o Awards to DBEs. o Awards to majority contractors. o Final project reports concerning DBE utilization. o Such other data as is needed to fully evaluate compliance with this program. 2. The DBE Liaison Officer shall submit reports to Caltrans and/or to the appropriate U.S. DOT element as required. These reports will include: o Number and dollar value of contracts awarded. o Number and dollar value of contracts and subcontracts awarded to DBEs. o Description of general categories of contracts awarded to DBEs. - 12 - o The percentage of the dollar value of all contracts awarded during the year which were awarded to DBEs. o Indication as to the extent of which the percentage met or exceeded the overall goal. o Reports shall be broken down separately by ethnic grouping. XIS. Complaints Any complaints received by the Agency concerning this program will be investigated by the DBE Liaison Officer- He/She will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison officer. The appropriate DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. -13- 6 RESOLUTION NO. 36-91 RESOLUTION APPROVING A TWENTY (20) YEAR EXTENSION OF LEASE SITE 50/50W WITH REG WHIBLEY AND ED STRASSER, DBA ASSOCIATED PACIFIC CONSTRUCTORS, INC. AND EXTENDING THE TERMINATION OF RESIDENTIAL USE UNTIL JULY 1, 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. 50/50W and; WHEREAS, Reg Whibley and Ed Strasser, dba Associated Pacific Constructors, Inc. are the lessees of said property, and; WHEREAS, said lease provides for a twenty (20) year extension of the lease providing tenant has made improvements of $20,000 to the Lease Site, and; WHEREAS, Tenant has shown proof of approximately $70,000 worth of property improvements on said Lease Site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the extension of the lease for Lease Site 50/50W until March 31, 2011. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay does hereby approve an extension of the termination date for residential use on Lease Site 50/50W until July 1, 1991 in order to allow the lessor sufficient time for conversion or demolition of the buildings on Lease Site 50/50W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of March, 1991 by the following vote: AYES: Luna, Mullen, Wuriu, Sheetz NOES: Baker ABSENT: None OSE MARIE SHE Z, MAYCA- ARDITH DAVIS, CITY CLERK RESOLUTION NO. 35-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR EXTENSION TO TENTATIVE TRACT MAP (1231) AND COASTAL DEVELOPMENT PERMIT FOR A 13 LOT SUBDIVISION C I T Y O F M O R R O B A Y CASE NO. TM 02-87/CDP 14-87R WHEREAS, the City Council of the City of Morro Bay, California on the 27th day of February 1989, after a duly noticed PUBLIC HEARING approved a Tentative Map for a 13 lot subdivision as requested by Jack Loperena; and WHEREAS, the applicant did make a timely request for an extension on January 23, 1991; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that a Negative Declaration has been filed on the subdivision, and extensions of the approval are exempt from CEQA; and WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 4th day of March, 1991, after holding a duly noticed PUBLIC HEARING recommended approval of the request of Jack Loperena for a time extension on the approved Tentative Map; and WHEREAS, the City Council of the City of Morro Bay, California, on the 25th day of March, 1991, held a duly noticed PUBLIC HEARING to consider the request; and WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission recommendation, the staff report and the testimony of all persons, if any, wishing to testify, the City Council made the following findings: 1. Applicant has made a timely request for a time extension to file a Final Map, and such extensions are customarily granted on request; and 2. All other conditions remain unchanged from the City Council's approval of February, 1989; and 3. There have been no changes to the approved Tentative Map. 0 City Council Resolution No. 35-91 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve of a one year time extension for Parcel Map 01-85/Coastal Development Permit 77-84R, to February 27, 1992, PASSED, APPROVED, AND ADOPTED, on the 25th day of March, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: azizl�" z ARDITH 6AVIS, Clerk `v 0 0 City of Morro Bay Resolution Number 34 - 91 A Resolution Commending Pastor James Kennemur for His Service to the City The City Council City of Morro Bay, California Pastor James Kennemur has served the Morro Bay Police and Fire Departments and the City as a Police/Fire Chaplain since February 1983; and Chaplain Kennemurwas instrumental in the formation of the San Luis Obispo County Chaplains Association; and %WEREAS, Chaplain Kennemur has been previously recognized and commended by California Attorney General John Van DeKamp for his unselfish service and dedication to our community; and ryWMEWER5, Chaplain Kennemur has served the Fire Department as a Volunteer Fire Fighter; and `6WWY_7 A,S, Chaplain Kennemur has accepted a new challenge in the Lord's service in Stockton, California; and ` WEf_RS, Chaplain Kennemur has distinguished himself, the Police and Fire Depart- ments, and the City by providing over eight years of volunteer service to the community. NpW,TXEnFORIE, BE IT 4(g'SOL'WED by the City Council of the City of Morro Bay that, on behalf of the entire community, we recognize and commend Chaplain James Kennemur for his continuous and sincere service to mankind. PA,S SEDANDADO'PZED by the City Council of the City of Morro Bay at the regular meeting held on the 25rd day of March, 1991 by the following vote: AYES: Baker, Luna, Muffat, %Cana, Sheets TOES: Npne ABSENT Npne A7T&O..• ROSE MARIE SHEETZ, tfayor ARDITH DAVIS, City Clerk The City of 5tf By is dr6`a d w the pm w tion and enhmuemaet of tQ 4uaaty of fife which we aff e,y'oy. 'Nb art wmauttedw this puTose and wiff provide a live!ofm n4* fsenda eonnstent andrrspmaive w ourpub&audits needs. af.4W S RESOLU'I'zON NO _ 3 3-91 A RESOLUTION SUPPORTING STATE ELIMINATION OF SPECIAL INTEREST SALES AND USE TAX EXEMPTIONS VIA SENATE BILL 1X, 2X, AND 5X T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, over the years, the State Legislature has granted numerous exemptions from the California Sales and Use Tax Law for certain sales and uses to accommodate special interest groups and concerns; and WHEREAS, these exemptions now amount to millions of dollars of lost revenue to State and local governments and pose a serious question of tax equity, particularly during the present-day cri- sis of State Budget deficits and diverted revenues from local governments; and WHEREAS, Senator Daniel Boatwright has introduced Special Session Bill IX that would eliminate total or partial exemptions from state and local sales and use taxes on a number of items including: lease of motion pictures, customer computer programs, lease of reusable cargo shipping containers, cargo containers, commercial aircraft, certain watercraft, sale of fuel and petroleum products to certain carriers, sale of tangible personal property to operators of aircraft, and sales by aircraft jet fuel dealers; and, it is anticipated local governments would receive at least $180 million and the State would receive at least $686 million by the passage of SB 1X; and WHEREAS, Senator Boatwright has also authored Special Ses- sion Bill 2X that could increase revenues to local governments by $26 million annually or $100 million for the State through the elimination of sales and use tax exemptions on candy and confec- tionery products; and WHEREAS, Special Session Bill 5X, introduced by Senator Wadie Deddeh, would also eliminate such exemptions for candy yet would further eliminate said exemptions for snack food, newspa- pers, and periodicals, although non-profit groups would remain exempt when purchasing these items in bulk quantities for resale for fundraising purposes; and WHEREAS, it is anticipated that SB 5X would augment local government sales tax revenue by approximately $12.4 million in FY 1990-91 with an additional $74 million in 1991-92, with cities receiving approximately 80% of the local government amounts and the State receiving $300 million over the 15 month period. .c .. x, • N RESOULTION NO. 33-91 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Senate Bills 1X, 2X, and 5X are hereby strongly supported and endorsed to improve tax equity by closing special interest exemptions that benefit specific industries and foreign governments; and BE IT FURTHER RESOLVED that passage of SB 1X, 2X, and 5X will assist in addressing the current financial crisis of State and local governments, and that City staff is hereby authorized to communicate the City Council's support of this legislation to appropriate legislators and the League of California Cities. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 25th day of March, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk VAN Foroo WPM- IROSE-I&RIE SH'&Tf-, MajZ�� r3 RESCa1r1WrrXC3N MC]— 32-91 A RESOLUTION REVISING THE NUMBER OF MEMBERS AND COMPOSITION OF THE COMMUNITY PROMOTIONS COMMITTEE T H E C I T Y C O U N C I L city of Morro Bay, California WHEREAS, by unanimous minute motion on 14 January 1991, the City Council of Morro Bay did adopt Resolution No. 02-91 recon- stituting a five (5) member citizens advisory board to be known as the Community Promotions Committee; and WHEREAS, during interview of candidates for said Committee on 06 March 1991, the City Council did see fit to amend certain provisions governing the existence and operation of the Community Promotions Committee for purposes of better serving the public good. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, there is herein reconstituted a Community Promotions Committee comprised of up to seven (7) vot- ing members, a majority of whom shall be qualified electors of the City; all members shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select members of the Community Promotions Committee from the following interests: A. Morro Bay Chamber of Commerce (one); B. Morro Bay Merchants Association (one); C. Morro Bay Motel & Restaurant Association (one); D. Embarcadero businessperson (one); E. Member -at -Large (three). The City Administrator (or his/her designee) and the Execu- tive Manager of the Morro Bay Chamber of Commerce will serve as non -voting staff liaisons to the Community Promotions Committee; and BE IT FURTHER RESOLVED that voting members of the Community Promotions Committee may serve for a period of four (4) years commencing 06 March 1991; the terms of office of two (2) members shall expire on 31 December 1992 and every four (4) years there- after, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining three (3) members shall expire on 31 December 1994 and every four (4) years thereafter; and Resolution No. 32-91 Page Two BE IT FURTHER RESOLVED that all other findings and matters so declared in Resolution No. 02-91 not in conflict with the pro- visions of this Resolution shall remain in full force and effect. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 25th day of March, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: �� ARDITH DAVIS, City Clerk RESOLUTION NO. 31-91 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT T H E C I T Y C 0 U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and fire hazard, and hereby authorizes the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program; and BE IT FURTHER RESOLVED that a public hearing shall be held bg the City Council of the City of Morro Bay on May 28, 1991 at 6:00 p.m. in the Morro Bay Veterans Hall to hear comments from individuals who received notice to abate their parcels. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of March, 1991, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None AROSEARIE EA , r ATTEST: AROITH DAVIS, City Clerk 0 0 RESOLUTION NO. 30-91 ,UTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS FOR PUBLIC WORKS PROJECTS T H E C I T Y C O U N C I L City of Morro -.Bay, California WHEREAS, the Department of Public Works often undertakes projects which incorporate the use of Federal funds in some phase of such projects; and WHEREAS, when said Federal funds are to be administered by CALTRANS, CALTRANS requires that the City of Morro Bay execute a Right -of -Way Certification to the State of California prior to any construction on such projects; and WHEREAS, CALTRANS is willing to accept said Right -of -Way Certification which have been executed by a party other than the Mayor for the City Council to authorize the Director of Public Works to execute said Right -of -Way Certifications on behalf of the City of Morro Bay; and WHEREAS, since said Right -of -Way Certifications appear as administrative items and their execution has no direct individual Fiscal Impact, it would appear to be in the best economic interest of the City of Morro Bay for the City Council to authorize the Director of Public Works to execute said Right -of - Way Certifications on behalf of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED effective upon the adoption of this Resolution, the City Council hereby authorizes the Director of Public Works of the City of Morro Bay to execute, on behalf of the City, those Right -of -Way Certifications that may be required by CALTRANS in conjunction with Public Works Projects. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 25th day of March, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None / ABSENT: None �//%/ MARIE SHEETZ", Mayor ATTEST: '11� ARDITH DAVIS, City Clerk 0 0 RESOLUTION NO. 28-91 RESOLUTION CLARIFYING DECLARATION OF EMERGENCY WATER SUPPLY CONDITION MADE VIA ADOPTION OF RESOLUTION NO. 13-91 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, said Resolution No. 13-91 declaring an emergency water supply condition was duly adopted by the Morro Bay City Council on February 11, 1991; and WHEREAS, there exist legal references which were not specifically included in said Declaration; and WHEREAS, it is in the best interest of public health and welfare to clarify said Declaration by inclusion of said legal references. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Resolution No. 13-91 declaring an emergency water supply condition is hereby clarified to incorporate emergency definitions a* delineated in the following laws of the State of California and the City of Morro Bay: Public Contract Code Section 20168; California Environmental Quality Act Section 21060.3; California Code of Regulations, Title 14, Natural Resources Division 5.5, Article 2, Section 13009; California Public Resources Code Section 30611; California Water Code Sections 350-358 and 71640; California Government Code Sections 8558(c), 8610, 8630, 8680.2, 8680.9 and 8685.2 and Morro Bay Municipal Code Section 8.08.020. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 25th day of March, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None �% 1 OSE MARIE SHEETZ, Mayd ATTEST: �,L%riGfJ�- ARDITH DAVIS, City Clerk 0 0 RE S O L UT = ON NO - 2 F— 9 1 A RESOLUTION SUPPORTING SB 169 (BOATWRIGHT) AS THE ALTERNATIVE TO SB 2557 COUNTY FEES, AND PETITIONING THE COUNTY BOARD OF SUPERVISORS TO ENDORSE SB 169 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by City Resolution No. 132-90, the City Council of Morro Bay is on record adamantly opposing the implementation of SB 2557 (Maddy), enacted by the California Legislature in 1990 to balance their State Budget deficit on the backs of local govern- ments; and WHEREAS, SB 2557 is flawed legislation, ill-conceived in premise, and unfairly pits cities and school districts against counties as counties attempt to recover funding lost to the State by instituting fees for the booking of prisoners in county jails and fees for their historic duty to administer and collect prop- erty taxes for all local taxing jurisdictions; and WHEREAS, it has been calculated, the fiscal impact to the City of Morro Bay will be of the magnitude of $160,000 of General Fund monies in FY 90-91, an unforeseen financial raid on Morro Bay's balanced budget that translates roughly to 3.5 police offi- cers or 12% of the annual Police Department operations; and WHEREAS, Senator Dan Boatwright has introduced SB 169 in the California Legislature, a League of California Cities proposal as a solution to SB 2557, which will replace the necessary revenue to the State of California and to counties without the necessi- ties of tax increases or revenue diversions from cities and school districts; and WHEREAS, SB 169 (Boatwright) would repeal all provisions of SB 2557 except those which give counties the authority to enact business license taxes and utility taxes in unincorporated areas, and will produce approximately $345 million Statewide by freezing the motor vehicle in -lieu fee schedule for one additional year to fill the State and counties' funding gap targeted by SB 2557. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay, California, that SB 169 (Boatwright) is hereby solidly sup- ported as the proper and reasonable alternative to the deleteri- ous implementation of SB 2557 (1990 statutes), re -instituting fiscal stability and cooperation amongst California governments and school districts; and Resolution No. 26-91 Page Two BE IT FURTHER RESOLVED that the Board of Supervisors of San Luis Obispo County is hereby petitioned and urged not to imple- ment the injudicious SB 2557, and to join every affected local entity in San Luis Obispo County in united support of SB 169 as the pragmatic alternative. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the llth day of March, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 25-91 RESOLUTION PROHIBITING ON -STREET PARKING ON A PORTION OF WEST AVENUE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Beach Street Area Specific Plan was duly adopted as a policy document of the City of Morro Bay; and WHEREAS, said Plan calls for prohibition of on -street parking along the westerly frontage of West Avenue upon the construction of curb, gutter and sidewalk improvements; and WHEREAS, as a Condition of Approval for CUP 03-87 said curb, gutter and sidewalk improvements have been constructed along a portion of West Avenue for a distance of ninety feet north of Beach Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that on -street parking along the westerly frontage of West Avenue for a distance of ninety feet north of the Beach Street curb return is hereby prohibited; and BE IT FURTHER RESOLVED, the City Engineer be authorized and directed to install curb markings to delineate and effectuate said prohibition. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the llth day of March, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT; None RO E MA *SH4ar ATTEST: !/ ARDI-TH DAVIS,- ty�rk _ BEACH STREET AREA SPECIFIC PLAN 'PLAN IMPROVEMENTS Sheet 1 of 2 pq MOW" CITY OF MORRO BAY COMMUNITY DEVELOPMENT DEPARTMENT 25 FIGURE N0.7 • RESOLUTION NO. 24-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR EXTENSION TO A TENTATIVE TRACT MAP AND COASTAL DEVELOPMENT PERMIT TO ALLOW RE -SUBDIVISION OF A 1.7 ACRE AREA INTO SIX RESIDENTIAL LOTS T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. TM 02-87/CDP 14-87R WHEREAS, on February 27, 1989, the City Council of the City of Morro Bay, California held a duly noticed PUBLIC HEARING to consider an appeal of the Planning Commission approval of TM 02-87/CDP 14-87R; and WHEREAS, at said hearing, after considering the staff report and the testimony of all persons, if any, wishing to testify, the City Council denied the appeal and approved- the tentative map and coastal development permit; and WHEREAS, the applicant did make a timely request for an extension on January 11, 1991; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that a Negative Declaration has been filed on the subdivision, and extensions of the approval are exempt from CEQA; and WHEREAS, The Planning Commission of the City of Morro Bay on the 19th day of February, 1991 reviewed and recommended to the City Council approval the Time Extension request; and WHEREAS, The City Council of the City of Morro Bay on the day of filth day of March, 1991, did hold a duly noticed PUBLIC HEARING to consider the request for a Time Extension; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. Applicant has been unable to complete a final map because improvements to Mimosa Street are not complete, a circumstance beyond his control; and 2. All other conditions remain unchanged from the City Council's approval of February, 27, 1989; City Council Resolution No. 24-91 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve of a time extension for Parcel Map 02-87/Coastal Development Permit 14-87R for a period of one year, to February 27, 1992. PASSED, APPROVED, AND ADOPTED, on the 11th day of March, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk 6 �r RESOLUTION NO. 23-91 RESOLUTION ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 15.04.150 defines vessels of a commercial nature; and WHEREAS, Morro Bay Municipal Code Section 15.32.010 establishes the policy that the City shall rent or lease all City facilities at docks, wharfs and piers primarily to those vessels of a commercial nature; and WHEREAS, City Council wishes to rescind Resolution No. 90-85 of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Resolution No. 90-85 is rescinded in its entirety and replaced with the following. Any vessel attempting to qualify as a commercial vessel under the criteria of having fished ninety (90) days during the calendar year shall submit proof of having actually fished for ninety (90) calendar days in the following manner: By fuel receipts clearly indicating the date of purchase and the owner's name and/or vessel's name and/or registration number of the vessel, or 2. By presenting Fish and Game tickets for the sale of fish which will be credited on the basis of one ticket for every two days' fishing credit, or 3. Any combination of the above proof of fishing statement, provided there is sufficient proof of separate incidents. The Harbor Director, or his appointee, shall be responsible for evaluating the proof of fishing and making the determination as to whether or not this proof indicates that the vessel has been actively worked for ninety (90) days during the preceding calendar year. A waiver from the requirement to qualify as a commercial vessel for a given calendar year may be granted by the Harbor Director upon filing of an official written request by the lessee. The Harbor Director shall evaluate the request and determine whether or not the waiver shall be approved. Not more than two (2) waivers shall be granted in any ten (10) year period. Resolution No. -91 • Page 2 Any person who wishes to appeal the decision of the Harbor Director regarding the waiver may do so to the Morro Bay Harbor Advisory Board by filing an official written statement with the Harbor Director not later than fifteen (15) days after the Harbor Director's determination. The Harbor Advisory Board shall review the appeal within thirty (30) days of the date of filing, and shall render a recommendation regarding the appeal within fifteen (15) days following close of the appeal hearing. The Harbor Director may administratively carry out the recommendation of the Harbor Advisory Board or may schedule the appeal for City Council consideration. Any person who wishes to have the City Council review the hearing record of the Harbor Advisory Board recommendation regarding an appeal may do so by submitting a request to the Harbor Director within fifteen (15) days following receipt of the Harbor Advisory Board's findings. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of February, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEE Z, MAYO I A a DITH DAVIS, CITY CLERK A. RESOLUTION NO. 22-91 RESOLUTION APPROVING AN EXTENSION OF THE LEASE WITH CALIFORNIA DEPARTMENT OF FISH AND GAME FOR TWO BERTHING SPACES AT THE CITY OF MORRO BAY NORTH T-PIER 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 all berthing spaces at the City of Morro Bay North T-Pier, and; WHEREAS, the California Department of Fish and Game entered into a lease with the City of Morro Bay in 1978 which was amended in 1979 for berthing of two vessels at the City of Morro Bay North T-Pier, and; WHEREAS, the City of Morro Bay and the California Department of Fish and Game wish to extend the berthing lease for a four (4) year term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease between the City of Morro Bay and the California Department of Fish and Game is extended through February 28, 1995 per the terms of Amendment No. 4 attached as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of February 25, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK EXHIBIT A a STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY PETE WILSON, Gorornor DEPARTMENT OF GENERAL SERVICES Office of Real Estate and Design Services 400 "P" Street, Suite 3110'' Sacramento, California 95814 (916) 445-5773 FAX (916) 323-5607 February 8, 1991 Amendment No. 4 Transaction No. 9101011 Mr. Rick Algert File No. 1661002 City of Morro Bay, Harbor Department 1275 Embarcadero Morro Bay, California 93442 Under lease dated April 6, 1978, as amended February 27, 1979 and extended November 29, 1982 and June 10, 1987, the State hires from you certain premises located at the City's North 'IT" Pier, more particu- larly described in said lease, in the City of Morro Bay, County of San Luis Obispo, California, for a term ending February 28, 1991, at a monthly rental of $177.00. The state desires to continue its occupancy of said berths for an additional period beginning March 1, 1991 and ending February 28, 1995, at the agreed rental of $200.00 per month beginning March 1, 1991, up to and including February 29, 1992; $210.00 per month from March 1, 1992 up to and including February 28, 1993; $225.00 per month from March 1, 1993 up to and including February 28, 1994, and $240.00 per month thereafter and upon all of the same terms and conditions set forth in said lease. If the State's continued tenancy of said premises as set forth above is satisfactory to you, please indicate your agreement by signing this document and the enclosed four copies at the bottom of the page, then return the original and three copies to us in the enclosed envelope. Keep one of the copies. After we have received the signed lease extension from you, the State will execute the documents and return 3 copy to you for your records. Sincerely, STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF REAL ESTATE AND DESIGN SERVICES BY: DICK MARRAH Real Estate Officer DM:bjf:1088DFG2.8 APPROVED: DIRECTOR OF THE DEPARTMENT OF GENERAL SERVICES BY: A. KENNETH RAYMOND OFFICE OF REAL ESTATE AND DESIGN SERVICES cc: Daryl Benson, Fish & Game/Fran Digardi, State Controller Receipt of the foregoing letter is acknowledged and the undersigned hereby agrees to the State's continued occupancy as ; :orth above. Date: 26febyAo/ M# BY: r Oth Af minlstYkv r- • RESOLUTION NO. 21-91 RESOLUTION APPROVING A TWENTY (20) YEAR EXTENTION OF LEASE SITE 82-85/82W-85W WITH DOUGLAS REDICAN, PAUL SANFORD AND JOHN KING, dba ROSE'S LANDING, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 82-85/82W- 85W and; WHEREAS, Doulgas Redican, Paul Sanford and Sohn King are the lessees of said property, and; WHEREAS, said lease provides for a twenty (20) year extension of the lease providing tenant has made improvements of $20,000 to the Lease Site, and; WHEREAS, Tenant has shown proof of $100,000 worth of property improvements on said Lease Site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the extension of the lease for Lease Sites 82-85/82W-85W until March 31, 2011. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of February, 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None A A4EMARAIESHEW, MAYOR ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 20-91 RESOLUTION APPROVING A CITY 30 YEAR LEASE FOR LEASE SITE 53-56/53W-56W WITH ANTONE SYLVESTER TUG SERVICE, dba SYLVESTEW S TUG SERVICE 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 53-56/53W-56W and; WHEREAS, Antone Sylvester Tug Service Inc., dba Sylvester's Tug service has been the tenant of Lease Site 53-56/53W-56W since 1961, and; WHEREAS, the original County lease expires on February 28, 1991, and, WHEREAS, the City of Morro Bay desires to convert the existing County type lease agreement to the most current City type lease covering these premises and the tenant has agreed to convert to the City master lease with a thirty (30) year term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the granting of a new lease agreement to Antone Sylvester Tug Service, Inc., dba Sylvester's mug Service and; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign any and all documents required to complete this agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of February, 1591, by the following vote: d; AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None pSE MARIE SHE TZ, MAYOR 07 ARDITH DAVIS, CITY CLERK RE S OLiJT = ON Mc:)- 1 9 — 9 1 A RESOLUTION AUTHORIZING THE PROVISION OF PARAMEDIC EMERGENCY MEDICAL SERVICES BY TRAINED PERSONNEL OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in its mission to protect the health and welfare of its community, the City of Morro Bay has a long-standing tradi- tion of providing emergency pre -hospital care services through qualified personnel of the Morro Bay Fire Department; and WHEREAS, since the mid-1970's, the City of Morro Bay has offered basic life support and advanced life support services during local emergency medical situations without cost to the recipient(s); and WHEREAS, the City of Morro Bay is currently an approved Emergency Medical Technician II (EMT II) care provider as autho- rized by the San Luis Obispo County Emergency Medical Services Agency (EMSA); and WHEREAS, said EMSA now offers a local curriculum and train- ing course to certify Emergency Medical Technician -Paramedic per- sonnel to administer the most advanced emergency medical pre -hos- pital care and technologies available; and WHEREAS, in effort to maintain and offer the best pre -hospi- tal care available through City personnel, two (2) ballot mea- sures raising revenues to partially fund a comprehensive munici- pal program of emergency medical services to incorporate an upgrade to Paramedic level services were submitted to the Morro Bay electorate for consideration; and WHEREAS, in 1989 and again in 1990 the Morro Bay voters failed to pass the ballot measures with the necessary two-thirds affirmative vote; and WHEREAS, the EMS Agency Board of Directors will offer one final local course for the conversion of Emergency Medical Tech- nician II's to Paramedics in April 1991; and WHEREAS, properly -trained Paramedics can perform seven (7) more emergency medical procedures and utilize fifteen (15) more medications than EMT-II's; and WHEREAS, recognizing the increased costs associated with offering a higher level of emergency medical care (Paramedic) without a corresponding increase in revenues, it is deemed appro- Resolution No. 19-91 Page Two priate and necessary to elevate this municipal service program in the interests of the health and welfare of the Morro Bay community. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay, California, that the City of Morro Bay does hereby declare itself to be a provider of Emergency Medical Technician -Paramedic pre -hospital care services, and by this resolve does hereby peti- tion the San Luis Obispo County Emergency Medical Services Agency to authorize and approve said Paramedic designation for the City of Morro Bay; and BE IT FURTHER RESOLVED that the Classification Plan of the City of Morro Bay is hereby amended to require Paramedic qualifi- cations as a pre -requisite for all levels of sworn firefighting positions of the City, and said qualification shall be applicable to all new hires after 01 January 1991 in said permanent, fire- fighting positions. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 11th day of February, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 17-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE GENERAL PLAN LAND USE PLAN ELEMENT TEXT AND LOCAL COASTAL PROGRAM LAND USE PLAN CASE NO. LCP/GPA 03-90 THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Planning Commission did on the 6th day of August, the 4th day of September, and the 17th day of December, 1990 hold a duly noticed PUBLIC HEARINGS accepting all public comments, if any, and did recommend on December 17, 1991 to the City Council adoption of the proposed amendments; and WHEREAS, the City Council did on the 11th day of February, 1991 conduct a duly noticed PUBLIC HEARING and accepting all public comments, if any, and; WHEREAS, said project has complied with the City of Morro Say objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the LCP Amendments are exempt as the functional equivalent of an EIR for the purpose of CEQA. WHEREAS, the City Council hereby makes the following additional findings: 1. The proposed amendments will serve to clarify existing language which is ambiguous and difficult to administer; and 2. The proposed amendments will serve to assure that future proposed projects on land considered hazardous will not destabilize adjacent or nearby land or improvements or create a public hazard or nuisance; and 3 The proposed amendments will not be detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the area; 4. The proposed amendments will not be injurious or detrimental to property and improvements in the area; 5. The proposed amendments will not be injurious or detrimental to the general welfare of the City; and City of Morro Bay Resolution No. 17-91 NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Morro Bay that General Plan Policies S-6.1 and 5-7.1 and Land Use Plan Policies 9.04 and 9.07 be amended as follows: SECTION 2: Amendments to LUP Policy 9.04 is revised in its entirety to read: soils reports prepared by a licensed civil engineer with expertise in soils, and geology and reports prepared by a certified engineering geologist shall be required prior to acceptance for filing of development applications in the following areas; a. zone F, subzones 2 and 3; b. all areas having fill material on the property; C. where there are known or suspected geologic, soils, or hydrologic problems in the immediate vicinity. d. In addition, soils and/or geology reports may be required whenever in the judgement of the Chief Building Official, or City Engineer such studies are needed. The geology and soils reports shall identify and evaluate any hazards present including faults under or near the site, and shall provide for mitigating measures to assure a stable foundation. These reports shall contain statements that the proposed project will not destabilize adjacent or nearby land or improvements or create a public hazard or nuisance. Areas identified in the geology reports as having potentially active land slides or gross instability shall be retained in open space. The soils report shall make recommendations as to the need for any temporary shoring during the construction phase. Whenever geology and/or soils reports are required, a detailed and accurate topographical and land use map shall be required. Such maps shall be prepared by a licensed professional surveyor and shall show topographical contours at 1' intervals over the entire site and for a distance of not less than 50' outside of the perimeter of the site. The topographical map shall show all existing improvements or structures in the area, individual trees of 6" diameter or greater at four (4) feet in height on the property and within 50 feet of its perimeter, and existing site drainage and watercourses. This map shall be available to the preparers of the geology and soils reports prior to completion of those reports. Whenever geology and/or soils reports are required, grading, foundation, retaining wall and structural plans shall be designed and prepared by a licensed civil or structural engineer. Grading and excavation plans shall show the elevations of the corners of all proposed structures. The Chief Building official may require independent peer review of any of the above reports and maps with the City of Morro Bay Resolution No. 17-91 cost of such review being borne by the applicant. Whenever geology and/or soils reports are required, sediment and erosion control plans shall also be required. Prior to issuance of any building permit where geology and soils reports are required, a bond shall be posted with the City in the amount of 150% of the estimated cost of restoring the site to a stable, non -hazardous condition in the event that construction plans are not completed. A bond shall also be required for sedimentary and erosion control devices required by the City. The Chief Building Official may require independent special inspections to review grading, fill, retaining wall, foundations or structural work, or erosion controls, with the cost of such special inspections being borne by the applicant. Requirements for any such special inspections shall be noted on the approved plans. Upon completion of engineered foundations for projects where geology and soils reports were required, the responsible civil or structural engineer shall certify in writing to the City that the foundation was constructed in conformance with the approval structural design. In addition to the requirements above, all grading and building plans shall conform to relevant sections of the Uniform Building Code, CAL OSHA requirements, and any grading Ordinance that may be adopted by the City of Morro Bay. Section 3: General Plan Program 5-6.1 is revised in its entirety to read the same as revised LUP Policy 9.04. Section 4: LUP Policy 9.07 is revised to read: For permitted grading operations on hillsides, the smallest practicable areas of land shall be exposed at any one time during development, and the length of exposure shall be kept to the shortest practicable amount of time. Brad4ng-en-arlrypea-�4�epe,t�Yesrr-�c3 �+eoeirt aha�-�e-�relti�rited. eke-dear#s�q-ef Send- srx:+rllek -lie--proiriiried-ahsrfng specified period of time and other slope stabilization measures. All measures for capturing sediments and stabilizing slopes including revegetation shall be in place before the beginning of the rainy season, and shall be implemented in conjunction with the initial grading operation. 4 ! • City of Morro Bay Resolution No. 17-91 Section 5: General Plan Program S-7.1 is revised to read the same as revised LUP policy 9.07 above. section b: To implement the amendments adopted herein the City Council of the City of Morro Bay, California, hereby directs as follows: 1. This Resolution adopting the Land Use Plan and Local Coastal Program Land Use Plan text shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the Amendments; and 2. The City of Morro Bay hereby finds that the Local Coastal Land Use Plan amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions; and 3. This Resolution shall take effect immediately and automatically upon said certification. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 11th day of February, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST. ARD DAVIS, City Clerk ROSE MARIE EETZ, IrWy#or I] RESOLUTION NO. 16-91 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 91-92/91W-92W TO KAY CONFER, dba CLOTHES AND COMPANY 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. 91-92/91W- 92W; and WHEREAS, Harold and Rita Anderson are the lessees of said property; and WHEREAS, lessees have terminated the sublease agreement approved by City Resolution 119-90 with Ray and Becky Knox; 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 Consent to Sublease Agreement for portions of the leased premises with Kay Confer, dba Clothes and Company, a copy of which Consent to 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 Kay Confer; BE IT FURTHER RESOLVED that: A. Resolution 119-90 is hereby rescinded; 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 llth day of February, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEET MAYOR `ARDITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entere,41 i to this _day of r2uR2I , 1991, by and between-{ , ��pn ; «� rein fter referred to as TENANT, and7)11 hereinafter referred to a SUBTENANT anft the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on together with amendments dated and; WHEREAS, TENANT desires to assign a sublease for a portion 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 compliance 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 constitute 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 Page 1 of 4 • 0 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. The term of the sublease as e -%4// j ,—,,/4 M dill gaass commencing upon execution of said lease and con this sent 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 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 is as follows: -----••��y= �� s - xenLai Applicable to Permitted Use: Said designatecr 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 Lease is attached as Exhibit D and constitutes 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 Page 2 of 4 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, lot 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 written 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 consideration 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 consent 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 $ tv L_ j I\r per occurrence and agrees to name the CITY OF 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 conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. �a_c FXh i hi + n_' is. t Lea �7 rnrr� } F extent that the terms of such T. To the with the terms of this Agreements or Master Lease with1the nCITY eOF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Page 3 of 4 Sublease Agreement is inconsistent 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 Muni"//Corpo�atic By:t ROSE MARIE SHEETZ, SUBTENANT: TENANT: By: GUARhNTY agrees to guarantee performance by SUBTENANT of each and all terms and conditions of the above specified Agreement in consideration for the CITY's consent to the proposed Sublease. TENANT: Page 4 of 4 RESOLUTION NO. 15-91 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A STOP SIGN ON PECHO STREET AT KINGS AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 21351 of the California Vehicle Code allows the City to install traffic control devices on streets under its jurisdiction; and WHEREAS, the intersection of Pecho Street and Kings Avenue is under the sole jurisdiction of the City of Morro Bay; and WHEREAS, it has been deemed appropriate to place a stop sign on Pecho Street at Kings Avenue. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the installation of a stop sign on Pecho Street at Kings Avenue is hereby approved; and BE IT FURTHER RESOLVED, the City Engineer is hereby authorized and directed to cause the installation of said stop sign and that the provisions of this action become effective upon said installation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the llth day of February, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None SE M2&IE SH TZ, May ATTEST L�e-- ARDITH DAVIS, City Clerk • 0 RESOLUTION NO. 14-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING CITY POLICIES AND PROCEDURES CONCERNING CHILDCARE SERVICES IN MORRO BAY T H E C I T Y C OU N C I L City of Morro Bay, California WHEREAS, the City Council established a Preschool Childcare Task Force in July of 1.990 which was directed to examine the needs and problems of preschool childcare services in Morro Bay; and, WHEREAS, the Preschool Childcare Task Force met numerous times in order to make an inventory of childcare resources available, evaluate need of preschool childcare in Morro Bay and suggest ways in, which the City could lighten its requirements on preschool childcare providers; and, WHEREAS, the Task Force found that a critical need to provide preschool childcare does exist in Morro Bay and is projected to continue into the foreseeable future; and, WHEREAS, good quality childcare services are an essential Service for working parents which contribute to a child's emotional, cognitive, and educational development as well as impacting positively on the economic growth of Morro Bay; and, WHEREAS, if Morro Bay is to be a vital and viable City, young families must be encouraged to live and work in Morro Bay and the City's success in this effort will depend greatly on insuring the safety and well-being of the children in our community. NOW, THEREFORE, BE IS RESOLVED that. the City Council hereby: 1. Establishes as its legislative policy the encouragement of affordable quality childcare that meets the needs of the community for the positive, long term effect childcare will have on our City as a whole; and, 2. Directs the Recreation and Parks Department to establish a list of interested individuals who wish to volunteer their time in assisting new applicants attempting; to open a licensed childcare facility as they proceed through the permit process; and, 3. Directs the Community Development Department to expedite the processing of ].and use permits for r_.hildcar_e services to he concluied in a maximum of sixty (60) days once the application is deemed complete; and, 2esolution 14-91 Page 2 4. Directs the Recreation and Parks Department to develop a. brochure outlining the necessary procedures and Permits required to be ronpiete in order i,o operate a licensed childcare facility in the City of Morro Day. PASSED ADOPTED ny the City Council of the City of Morro Bay at a regular meeting held on this 11th day of HeLxuary, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK r,�x.-L��.r�i.�a■ �u�KII:yi DECLARING AN EMERGENCY WATER SUPPLY CONDITION T H E C I T Y C O U N C I L City ❑f Morro Bay, California WHEREAS, the City of Morr❑ Bay ❑btsins the entirety ❑f its munic- ipal water supply from groundwater wells in the underflows of the Morro and Chorro Creek basins; and WHEREAS, annual rainfall has been insufficient t❑ 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 ❑f said aquifers has declined t❑ the point where the pumping capacity of the Citg's municipal wells has become diminished; and WHEREAS, Morr❑ Bay Municipal Code Sections 13.D`I.320 et seq. establish the City Council's authority to declare an emergency and impose restrictions on the community's use ❑f water in the event ❑f a water supply shortage; and WHEREAS, on August 13, 1990 the Morro Bay City Council adopted a contingency water rationing plan t❑ be implemented in the event ❑f a declared water supply emergency; and WHEREAS, said contingency plan directed that a water supply emergency condition be declared when the Director of Public Works determines the City's municipal water wells are incapable of re- filling overnight the City's water storage tanks due t❑ depleted pumping capability or deteriorated water quality; and WHEREAS, ❑n February 11, 1991 the Director ❑f Public Works re- ported to the City Council that the City's municipal water wells may become incapable ❑f re -filling overnight the City's water storage tanks due to depleted pumping capability and deteriorated water quality at any time in the immediate Future. NOW, THEREFORE, BE IT RESOLVED by the City Council ❑f the Citg of Morro Bay as follows: 1. The City Council ❑f the City of Morro Bag herebg determines the water level to be low within the City water system, and declares an emergency water supply condition. S RESOLUTION NO. 13-91 - EMERGENCY WATER SUPPLY CONDITION Page Two of Two E. The regulations set forth herein are necessary and proper in order to protect the water supply for human consumption, sanitation, and fire protection during the duration of the water supply emergency condition. 3. The City Council hereby institutes and imposes water ration- ing measures on all customers of the City of Morro Bay water system as described in the "Water Rationing Program" attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED on this 11th day of Febuarg, 1991, bg the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT None G10862 o . .. .. . .... .. ... .. .. ... ... ... .. ARDITH DAVIS, City Cler' L7 0 Exhibit A EMERGENCY WATER SUPPLY CONDITION WATER RATIONING PROGRAM (Level 5) 1. The City shall continue rigorous enforcement of the water conservation requirements set forth in Municipal Code Section 13.04.345.1) (Level 4 - Critical Water Suppig Conditions), provided, however, outdoor irrigation is permitted on Monday, Tuesday, Wednesday, and Thursday. 2. Allowable water use. Water use by customers of the municipal water system shall be limited as follows. A. Single -Family residential: The maximum allowable water use for homes with up to three permanent residents shall be eight (8) billing units per month. One additional unit shall be added for each additional permanent resident. B. Multi -family residential (apartments & condos): The maximum allowable water use shall be six (6) billing units Per month for up to three permanent residents, with one additional unit for each additional permanent resident. C. Residences claiming more than three persons per household shall be required to provide a written statement to the City Finance Director listing the actual number of permanent residents. I), Commercial uses: Customers shall be required to cut 15% of their water use of the prior year's usage (or the average of 2 prior years if available) for the same billing period. E. Irrigation of turf areas, except on residential lots, is prohibited. 3. Surcharge for exceeding the allowable water use. Customers exceeding their monthly allocations shall be assessed a 500 "surcharge" for the first billing period in which the maximum allowable amount is exceeded; 100`: surcharge for the second consecutive billing period in which the maximum allowable amount is exceeded and 200% for the third consecutive billing period in which the maximum allowable amount is exceeded. 4. The City shall place an immediate temporary moratorium on issuing building permits to begin construction of new projects which would accomodate new water use. (This includes restaurant or commercial -type expansions which would increase water use.) 1 LEVEL S EMERGENCY WATER RATIONING PROGRAM Page Tw❑ S. The appropriateness and reasonableness ❑f all surcharges and the amount allowable to each customer may be appealed in writing to the City's Finance Director or her designee. If the matter is not resolved at that level the matter may then be appealed in writing to a sub -committee ❑f the Council. If the matter is still not resolved it may then be appealed in writing t❑ the full City Council. The Finance Director or her designee is authorized to adjust the surcharge and/or the maximum allowable amount for each appealing customer after considering the individual circum- stances and conditions of the customer to insure any such sur- charge or maximum allowable amount is reasonable and appropriate For that customer. S. The above rationing program will not become effective until after a written notice ❑f such program is mailed by the City to water customers and will then commence effectiveness with the next full billing period. The approximate dates upon which the customer's water meter will be read will be included in said notice. VZEV• 1-13.91 4ER Pau ra C.r< ACTIO M 2 • RESOLUTION NO. 12-91 A RESOLUTION ACCEPTING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM IN DEIS V. CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, a claim for Workers' Compensation benefits has been filed by Paul Deis 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 Deis 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 28th day of January, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None -- - x ARD TH DAVIS, City Clerk i 0 RESOLUTION NO. 11-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL PROGRAM LAND USE PLAN TEXT AND MAPS AS THEY APPLY TO PROPERTY IN THE VICINITY OF THE POINT MOTEL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 5th, and 19th day of November, and the 3rd day of December, 1990, held duly noticed PUBLIC HEARINGS to consider the proposal of Frank Denis for creation of the North Point Specific Plan for property located at the northernmost end of the Atascadero Beach Tract, between State Highway One and the Morro Strand State Beach in the R-1/PD and OA-1/PD Districts, more particularly described as: APN 65-082-07 & 09 Lots 1 & 2, Block 3B Atascadero State Beach City of Morro Bay County of San Luis Obispo State of California WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the LCP Amendments are exempt as the functional equivalent of an EIR for the purpose of CEQA. WHEREAS, on December 3, 1990, after consideration of a variety of alternative land use and zoning concepts for the area, presented by the property owner and staff, and further required and revised detailed on -site visual impact analysis; and following review of the request, the Planning Commission did recommend approval to the City Council; and WHEREAS, on the 28th day of January, 1991 the City Council did hold a duly noticed PUBLIC HEARING, to consider the request, staff report, and Planning Commission recommendation; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, if any, wishing to testify, the City Council made the following findings: 1. That the requested Amendments, which were proposed in the form of a Specific Plan, are more appropriately made in the form of Amendments to the texts of the Local Coastal Program Land Use Plan, General Plan, and Zoning Ordinance, and Amendments to the official Land Use Plan and Zoning maps; and • City Council Resolution No. 11-91 Page Two 2. That the Amendments are designed to protect and conserve the public viewshed from Highway one by limiting the height of new structures and by requiring various other performance standards as set forth in Exhibits "A", "B", and "C" and incorporated herein and made a part hereof; and 3. These standards, where stated, shall be in -lieu of the normal standards of the R-1 District; where silent, standards of the R-1 District shall be in force; and 4. These Amendments provide the property owner with reasonable use of his property while continuing to ensure protection of public viewshed and open space values. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the City Council does hereby Amend the Local Coastal Program Land Use Plan, General Plan Land Use Element text and map, as incorporated by Exhibits "A", "B", and "C", of Case No. GPA/ZOA/LCP 02-90, and attached hereto. 3. The City of Morro Bay hereby finds that the Local Coastal Land Use Plan amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions; and 4. This resolution adopting amendments to the Local Coastal Program Land Use Plan shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 5. This resolution shall take effect immediately and automatically upon said certification. City Council Resolution No. 11-91 Page Three PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay City, at a regular meeting held on this 28th day of January 1991, by the following vote: AYES: Baker, Mullen, Wuriu, Sheetz NOES: Luna ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk • EXHIBIT "A" . AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN Amendment to Policy 1 11A o£ the Local Coastal Program Land Use Plan to read as follows: As a condition to the approval of any subdivision or permit on the Parks and Recreation. path would extend to a wheel chair turn -around, bike rack and accesswav bluff top pathway and overlook sites and the hard surface path offers for these easements for those public accessways and Qligy 12 Q6A is added to the LCP Land Use Plan to Read: i EXHIBIT "B" AMENDMENTS TO THE GENERAL PLO Amendments to the General Plan Land Use Element shall be added as follows: Policy AR-11.1 is added to read as follows: Parks and Recreation. Program VR-I..5.1 is added to read as follows: (LCP 12.06A) __ EXESTtI G LAND USE *LAN EXHZBIT C. 0 Y/ PROPOSED LAND USE PLAN r ec���c vcB�n pR�ZDA�lL' P 6? -1CD RE S OLUT = ON NO . 1 O — 9 1 RESOLUTION OF THE MORRO BAY CITY COUNCIL ADOPTING A REVISED CONFLICT OF INTEREST CODE AND SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et seq., each agency is required to adopt a Con- flict of Interest Code; and WHEREAS, the City of Morro Bay incorporated its Conflict of Interest Codes with the adoption of Resolution No. 76-76 adopted 27 September 1976, and Resolution No. 59-85 adopted 24 June 1985, and it is in further need of updating; and WHEREAS, the attached document entitled "Conflict of Inter- est Code for the City of Morro Bay" is adopted as the revised conflict of interest and disclosure code for designated employees of the City of Morro Bay; and WHEREAS, the Fair Political Practices Commission recommends each agency incorporate Commission Regulation 18730 by reference as the body of their Code, and that all changes to the Political Reform Act and to Regulation 18730 will automatically be part of the City's Conflict of Interest Code; and WHEREAS, this action will ensure the city's Code will always be up to date and in compliance with the law. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby adopt the revised Conflict of Interest Code attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 28th day of January, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None 7 ABSENT: None -- ROSE MARIE SHE aTZ,'"MAyor ,; ATTEST: ARDITH DAVIS, City Clerk CONFLICT OF INTEREST CODE FOR THE CITY OF MORRO BAY The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Prac- tices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and estab- lishing disclosure categories shall constitute the conflict of interest code of the City of Morro Bay. Designated employees shall file statements of economic interests with the City which shall make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for other positions designated in this con- flict of interest code will be retained by the City.* * Form 721 statements for Article 2 filers (including but not limited to: Mayor, Councilmembers, Planning Commission, City Administrator, City Attorney, and Finance Director of the City of Morro Bay) shall be filed with the city who will make and retain copies and forward the original to the Fair Political Practices Commission. APPENDIX A Designated Position Assigned Disclosure Category Administration Assistant City Administrator 1,5 City Clerk 2 Community Development Community Development Director 1 Associate Planner 3,4 Chief Building Inspector 3,4 Building Inspector 3,4 Finance Fire Accountant 2 Fire Chief 1 Fire Captain 2,3,6 Harbor Harbor Director 1 Chief Harbor Patrol Officer 2,3 Police Chief of Police 1 Police Lieutenant 2,3 Public Works Director of Public Works/City Engineer 1 Associate Civil Engineer 2,3,4,6 Administrative Assistant 2,8 Maintenance Supervisor 2 Water Quality Control Supervisor 2 Engineering Technician II 2,3,4 Engineering Technician I 2,3,4 Recreation Recreation and Parks Director Recreation Supervisor Advisory Board and Consultants Community Promotions Committee Downtown Sidewalk Sales Committee Harbor Advisory Board Recreation and Parks Commission Solid Waste Management Board Streets and Trees Committee Transportation Committee Cable TV Franchise and Services Board Water Advisory Board Consultants* * Consultants shall be included in the employees and shall disclose pursuant to the category in the code subject to the following 1 2,3 2,3 2,3 2,3 2,8 2,3 2,3 2,3 2,3,7 1 list of designated broadest disclosure limitation: The City Administrator may determine in writing that a par- ticular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection. APPENDIX B DISCLOSURE CATEGORIES Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. 1. Designated employees whose duties are broad and indefinable: All sources of income, interests in real property, and investments and business positions in business entities. 2. Designated employees whose duties involve contracting or purchasing: Contracts or make purchases for entire agency: Investments and business positions in business entities, and sources of income, which provide services, supplies, materi- als, machinery or equipment of the type utilized by the agency. Contracts or makes purchases for specific---epartment within theagency: Investments and business positions in business entities, and sources of income, which provide services, supplies, materi- als, machinery or equipment of the type utilized by the des- ignated employee's department or division. 3. Agencies with regulatory powers: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the City of Morro Bay. 4. Designated employees whose decisions may affect real prop- erty interests: Investments and business positions in business entities, and sources of income, which engage in land development, con- struction or the acquisition or sale of real property, and all interests in real property. 5. Agencies which provide pooled self-insurance benefits: All interests in real property, investments and business positions in business entities, and sources of income from: a. Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the agency. • b. Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters,. brokers, solicitors, agents, adjusters, claims managers and actuaries. C. Financial institutions including, but not limited to, banks, savings and loan associations and credit unions. d. Entities or persons who have filed a claim, or have a claim pending, against the agency. 6. Agencies which provide medical services: Investments and business positions in business entities and income from sources which provide medical services, includ- ing but not limited to privately owned hospitals, medical clinics, laboratories, pharmacies and ambulance companies. Investments and business positions in business entities and income from sources which manufacture, sell or distribute medical equipment or services of the type leased or loaned by the City of Morro Bay to ambulance services, medical ser- vices such as police, sheriff and fire rescue units, trauma centers and emergency rooms. Investments and business positions in business entities and income from sources of the type providing training for per- sons engaged in medical service programs. 7. Agencies which provide water storage/usage All interests in real property. All investments and busi- ness positions in any business entity and income from any source which is 1) a private water company; or 2) an entity or person engaged in farming, real estate development, or an owner of real property. Investments and business positions in business entities and income from sources which contract for the delivery of con- cessions or services on behalf of the district by virtue of the district's authority. 8. Agencies which provide solid waste disposal: All interests in real property located within the jurisdic- tion that is or may be used as a disposal site, transfer station or resource recovery facility in which the desig- nated employee provides planning or technical assistance or has enforcement bring responsibilities. c/conflict i 0 0 RESOLUTION NO. 09-91 APPROVAL OF AN INTERIM LEASE FOR LEASE SITE 113W WITH SHARON MOORE, DBA VIRG'S FISH'N 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 No. 113W, and; WHEREAS, Sharon Moore, dba Virg's Fish'n is the lessee of said property, and; WHEREAS, said lease provides for termination of the lease agreement at the close of business on December 31, 1990, and has been carried over on a hold over clause in the lease, and; WHEREAS, City and Lessee mutually agree to an interim lease for a four month period from March 1, 1991 through June 30, 1991. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the approval of an interim lease for Lease Site 113W from to March 1, 1991 trough June 30, 1991, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the interim lease 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 28th day of January, 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None •ROS MARIE SHE Z, MAYOR ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 08-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1990 ANNUAL WATER REPORT; ADOPTING A WATER ALLOCATION PROGRAM FOR 1991, AND SETTING ASSOCIATED WATER POLICIES AND INTENTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Community Development Director after review by the City of Morro Bay Planning Commission and Water Advisory Board; and WHEREAS, Ordinance 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and WHEREAS, the Water Advisory Board reviewed the report on the 12th day of December, 1990 and made its recommendation on the 7th day of January 1991 and the Planning Commission held a duly noticed public hearing on the 17th day of December 1990 and following its review of the report each made its recommendations to the City Council; and WHEREAS, on January 14, 1990 the City Council did hold a duly noticed PUBLIC HEARING on the 1990 Annual water Report and the proposed 1991 Water Allocation Program and suggested limits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby receives and accepts the 1990 Annual Water Report as submitted by the Community Development Director and incorporated herein as if attached hereto; and 2. A Water Allocation Program for 1990 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The mix of residential dwelling units for 1991 shall be 50 single family residences and 20 multi -family units for a total of 70 dwelling units in accordance with Measure F. b. No new water shall be allocated in 1991, C. Future water allocations shall be based on anticipated dry - year yield of the groundwater basins serving the City. The City should re-evaluate anticipated yield of municipal wells during dry years. City Council Resolution No. 08-91 Page Two d. Existing buildings shall be retrofitted with the latest State -approved water -saving devices at the time of sale or change in ownership. Staff shall prepare an ordinance enacting this requirement for City Council approval. e. Contingency plans shall be completed for a short duration emergency water supply project in case the present drought continues. f. Diligent efforts shall be continued to develop supplemental and replacement water resources. g. Existing water operating procedures shall be modified by ordinance to allow for a special priority allocation for conversion developments of new residential uses on property currently having adequate water on site. These "conversion" projects will be allowed only when the conversion project will place no increased water demand on the supply system and the City Council is not allocating new water hookups. h. The issue of transferring water equivalencies from one property to another shall be scheduled for reconsideration by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of January, 1991, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None / � R E MARIE SH Z, Mayo36 ARDITH DAVIS, City Clerk RESOLUTION NO. 07-91 RESOLUTION ESTABLISHING A TWENTY MINUTE PARKING ZONE IN AREA SOUTH OF NORTH CITY T-PIER IN AREA PREVIOUSLY ESTABLISHE➢ AS COMMERCIAL LOADING ZONE BY RESOLUTION NO. 95-90 T ki E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Resolution No. 95-90 did establish a fire lane along the westerly frontage of City Lease Sites 128, 134, 135, 136 and 137, and a commercial loading zone along the easterly frontage of City Lease Sites 128W, 129W, 130W, 131W, 132W, and 133W; and WHEREAS, the commercial loading zone adjacent to lease sites 130W, 131W, 132W, and 133W has not served the needs of the adjacent leaseholders; and WHEREAS, Sections 22500, 22500.1 and 22519 of the California Vehicle Code provide for the establishment and enforcement of parking restrictions and prohibitions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby remove parking restrictions along the westerly frontage of City Lease Sites 132W, 13314, and the northerly 30' of 131W, ; and BE IT FURTHER RESOLVED that the existing fire lane be re- established at a twelve -foot width; and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the placement and/or removal of appropriate markings and/or signs to reflect this action; and BE IT FURTHER RESOLVED that the restrictions imposed herein become effective upon the placement or removal 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 14th day of January , 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None �� RO E MA IE SHEE Z, Mayo ATTEST: ARUITH DAVIS, City Clerk N �i t E� O a M: �I Ch vl � b h � 1 �CO i - g o� d 0 0 xqlr �" N �g W 0 a a j a Z W w 2 V O u. ~ 0. (L Z F- z \ O W N . a LU (3 (A z a a a 0 W a- 1\ RSOLiJT=ON NO. 06—SDI 1 A RESOLUTION URGING ENACTMENT OF LEGISLATION (AB 7-FLOYD) TO REQUIRE MOTORCYCLISTS TO WEAR HELMETS IN CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in 1989, California Highway Patrol statistics reveal that 19,527 motorcyclists were injured and 620 were killed, with 77% of the fatalities being over the age of 21 years while the average age of motorcycle crash victims is 25 years old; and WHEREAS, a U.C. Davis Medical Center study reported the average hospital cost of severely -injured motorcyclists to be $17,705; and WHEREAS, a University of Southern California in-depth study of 900 motorcycle accidents concluded that wearing a safety hel- met was the single most important factor governing survival in motorcycle accidents; and WHEREAS, more than 80% of all motorcycle accidents result in injury or death to the cyclist, and physicians characterize trauma in motorcycle accidents as the worst trauma they treat outside of a war combat zone; and WHEREAS, a conservative estimate of annual California soci- etal costs associated with brain -damaged helmetless motorcycle crash victims exceed $100 million, and California taxpayers often pay more than 80% of the costs incurred by injured motorcyclists; and WHEREAS, there exists justifiable concern with this enormous financial cost to taxpayers and the unmeasurable emotional cost to victims and families in the loss of life and suffering caused by motorcycle crashes; and WHEREAS, a mandatory helmet law in California would reduce motorcycle rider deaths and save the taxpayer millions of dollars annually in medical tax dollar expenditures for the care and maintenance of helmetless motorcycle crash victims; and WHEREAS, the Morro Bay City Council previously endorsed State legislation (AB 8) in February 1989 to require the wearing of motorcycle helmets in California, as evidenced by adoption of City Resolution No. 15-89. Resolution No. 06-91 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the California Legislature is hereby urged to adopt Assembly Bill 7, introduced by Assemblyman Richard E. Floyd, to modify the existing State Vehicle Code to require all motorcycle operators and passengers on California public streets and roadways to wear approved safety helmets. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 14th day of January, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SREETZ, Ma ATTEST: ARDITH DAVIS, City Clerk 0 9 1:2E S O LUT = ON NO _ 0 5— 9 1 A RESOLUTION URGING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO INITIATE DISCUSSIONS WITH MONTEREY COUNTY AND NACIMIENTO WATER OFFICIALS REGARDING NACIMIENTO RESERVOIR AS A SUPPLEMENTAL WATER SOURCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Water Management Plan of the City of Morro Bay adopted in 1982 identifies the Nacimiento Reservoir as a potential im- portation water source to serve the Morro Bay community (pg. 36); and WHEREAS, the San Luis Obispo County Water and Wastewater Master Plan identifies Nacimiento Reservoir as a source of exported water supplies for future use; and WHEREAS, the City Council at a special meeting about water pro- jects on 18 December 1990 did hear a presentation by the Nacimiento Regional Water Management Advisory Committee regarding regional and Statewide water resources management and planning issues; and WHEREAS, Monterey County Flood Control has on -going activities which could affect this County's future water supply options from Nacimiento Reservoir. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Board of Supervisors of San Luis Obispo County, also serving as the San Luis Obispo Flood Control District, is hereby immediately urged to initiate discussions with Monterey County as to the future of Nacimiento Reservoir, and to provide a forum to identify and confirm the importance and potential of the Nacimiento Reservoir to San Luis Obispo County and Morro Bay as a future supplemental source of water for beneficial use by this community. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of January, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk DING RETURN TO: CITY OF MORRO •Y 695 HARBOR ST. MORRO BAY, CA 93442 ATTENTION: CLYDE MARLEY 'RECORDING REQUESTM $y DOC. NO.93 OFFICIAL RECORDS WAN LUIS OBISPO CO., CA JAN 2 3 1991 F=RANCIS M. GOONEY County CleIk-Recorder TIME 8.00 AM RESOLUTION No. 04-91 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR PUBLIC RIGHT OF WAY AS MADE ON PARCEL MAP MBAL 89-119 T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 7th of August 1989, did approve tentative map MBAL 89-119; and WHEREAS, an offer of dedication for right of way was made on behalf of the public on parcel map MBAL 89-119 as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marro Bay, California does accept on behalf of the public the offer of dedication of right of way made on parcel map MBAL 89-119. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of January 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None attest: ARDITH DAUIS, City Clerh 1� !`U �.,ck`i]-!(A ON,1 OF CITY CLERK _� ,S__ _ CLERK J 10, f O BAY " HE REHY CERTIFY rHAT DING IS A TRt 1 -.N ` CORRECT - —��Cl . i7 � �IXCGi-� LLRii Cj �j Ca {3 ' 9 EAU r END 0F= D00IJVEN4T VOL 3635RAGE964 6 6 RESOLUTION No. O'-91 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR PUBLIC RIGHT OF WAY AS MADE ON PARCEL MAP MBAL 89-119 T H E C I T Y C O U N C I L City OF Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 7th OF August 1989, did approve tentative map MBAL 89-119; and WHEREAS, an offer of dedication for right of way was made on behalf of the public on parcel map MBAL 89-119 as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California does accept on behalf of the public the offer of dedication of right of way made on parcel map MBAL 89-119. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the lgth day OF January 1991 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None attest: 4DITODAUr5,City Clerk CEet t II -((Al ION of (ITY (LERK CLFRK Y CFRTI�y OF THE (J F O A'i-E.D _--- .__ SEAL) II4Uw2Yl��SOi'jl` �%i � i� O .i'/ � '�xpti4 x <Uin4y.00 wV3�-a�J SW �4 ti ZxxQ g,�oq � E-. a�hxSZU yyoN o 15 q m wSa 'i OI=s OqVq ]I^ I hp W TIM Oy a [zit kh�0<w at4 alW F T. � � Wp.�tsii 1 n J �k 2Wvai I W'mwwfyy'a S"e U� 4 NOT � v> to wo li yq�f_<y�<CWlcco O !WC<yU 4]IWU SWK z[qhtx..f tx-o �otx. F-" o ¢ 2 -��RN44� 0.• �,^,o� Ckj :110; 'ni h gw aw su Y �m�5o aWs wU Sm EW 40 1 p [yoa <Uqa < " o {{{��� a k W F`i FO �q [/] ]. esi ti p �yz I J J 0.tq0�ei 4W Yq yqj 1 W j<qq U� 14 (Y r.1 W AO oF, w q cwiy 4x MUM E.a U 4V SSS �i 4O t� ro �4 r6 W c p2 A }�` qUpm �� U o�q a «> p� yw IK o 1yy oa c> [-a x ��yI11Iq i=F04nFq df.l.< O 4 F p �F q�K Oq<ku < Iw LLL::: z NUO�a �fua 40^4� h �2 UU �u wq o zF¢ C ,1L0 Jet m; E`ee S I04 �yyp a 1 ciao 1lot F wiCH4y 4 �n g2$" YMwT W4wall Owi any, ClI1�T/% V fgtl Z C A pR��o4 q�KO q4 A wWCF.gwY >SCO awn U O(w(oo [U[99 U� qu^^ow0.Wq �WnEw Uot'C>. t-NYwWO O< c-. U4� 1 C�V��W V`I Wig .>•�q 4wF`'nu La i I�wyggc �i 5 yw�� W wwoi241i �cp.o uc°jq hgnj 105 xMph. �h< 2 x4 t' e y w l4 �`n�oorn�< < f dW Ln <`tC2Wh04F x�nx wOW Y "1 .n <�YO 4(�q Viq �Iq 2j J,�- VO ' <`oxoo`x'<s Not`2 w a £ 44�� t..'hC you 0 Ll WIN 40y O i; o4<..._c "�oyypo Y RESOLUTION NO. 3-91 FORMING STORM DRAIN MAINTENANCE DISTRICT NO, 1 FOR TRACT MAP NO. 1231 (IRONWOOD COURT) C ._..I ..._TB Y...... ..._C.._0...._U _.._N ....C......I ,..L...... City of Morro ay, CaliFornia WHEREAS, Condition No. 20 of City Council Resolution No. 10-BB required 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) agreed to that condition; and WHEREAS, the Storm Drain Maintenance District Act CAct 2208 of the uncodiFied Water Law) enables local agencies to Form a maintenance district based on the provisions of the Act; and WHEREAS, City Council Resolution No. 139-90 declared the Council's intent to Form Storm Drain Maintenance District No. 1 For Tract No. 1231 and established a time and place For a public hearing to receive objections and/or modifications to the proposed formation of said District; and WHEREAS, the notice of the proposed formation of said District was duly delivered, posted, and published as required by said Act 2200; and WHEREAS, the City Council has conducted a public hearing to receive objections and/or modifications to the proposed formation of said District. NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Morro Bay as follows: 1. All objections and/or modifications to the proposed forma- tion of Storm Drain Maintenance District No. 1 for Tract No. 1231 are herewith denied. 2. Storm Drain Maintenance District No. 1 For Tract No. 1231, to maintain proposed City -owned storm drainage Facilities within subdivision Tract No. 1231 as located and shown on Exhibit A attached hereto, is herewith established. RESOLUTION NO, Page Two ���� 9 3-31 STORM DRAIN MAINTENANCE DISTRICT NO. 1 PASSED, APPROUED AND ADOPTED by the City Council of the City of Morro Bag at a regular meeting thereof hold on the lLitb day of January, 1891 by the Following roll call vote: AYES: Baker, I'oua, Mullen, Wurio/ Sbeetu NOES: 0noe ABSENT � None ATTEST: ARDITH DAUIS` City Clerk RESOLUTION NO. 02-91 A RESOLUTION RE -CONSTITUTING THE COMMUNITY PROMOTIONS COMMITTEE THE CITY COUNCIL MORRO BAY, CALIFORNIA WHEREAS, by unanimous minute motion on 12 September 1983, the Morro Bay City Council did establish a citizens committee to advise the Council on the most effective ways to promote and advertise the City as a tourist destination point utilizing City general fund monies; and WHEREAS, since 1983 a Community Promotions Committee has been in existence and in operation recommending methods of promoting the City to visitors as means to support a tourism - based local economy and to augment City revenues; and WHEREAS, the present membership of the Community Promotions Committee is five (5) voting members and two (2) non -voting staff liaisons (one from the City government and one from the Chamber of Commerce organization), all members having no assigned terms of office; and WHEREAS, four (4) voting positions of the current Committee are pre -designated seats of office from the Morro Bay Chamber of Commerce, the Morro Bay Merchants Association, the Morro Bay Motel & Restaurant Association, and the Waterfront Leaseholders Association, with the fifth (5th) seat appointed by the City Council to represent a tourist -related business; and WHEREAS, the Morro Bay City Council did determine on 10 December 1990 that the functions and operations of the Community Promotions Committee would better be served if the City Council selected all voting members of the Committee from the general public, and overlapping terms of office on the Committee were assigned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay there is herein reconstituted a Community Promotions Committee comprised of five (5) voting members who shall be qualified electors of the City, shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Community Promotions Committee is herewith charged with the purpose of providing input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay as a tourist destination point in geographic and demographic areas outside the boundaries of San Luis Obispo County; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select one member to the Community Promotions Committee from each of the following interests: A. Morro Bay Chamber of Commerce; B. Morro Bay Merchants Association; C. Morro Bay Motel & Restaurant Association; D. Waterfront Leaseholders Association; E. Member at Large. The City Administrator (or his/her designee) and the Executive Manager of the Morro Bay Chamber of Commerce will serve as non- voting staff liaisons to the Community Promotions Committee; and BE IT FURTHER RESOLVED the Morro Bay City Council extends its appreciation to the current members of the Community Promotions Committee for their conscientious service, and by this Resolution officially releases them from Committee service with a vote of thanks; and BE IT FURTHER RESOLVED that citizen applications for appointment to the Community Promotions Committee are hereby solicited for interview and selection by the City Council; and BE IT FURTHER RESOLVED that voting members of the Community Promotions Committee shall serve for a period of four (4) years commencing 01 February 1991; the term of one member shall expire on 31 December 1992 and every four (4) years thereafter, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining two (2) members shall expire on 31 December 1994 and every four (4) years thereafter; and BE IT FURTHER RESOLVED the Community Promotions Committee shall formulate rules and procedures to govern its operations, and said By -Laws shall be reviewed and approved by the City Council, such By -Laws to include but not be limited to provisions 0 for appointment of officers, absences, regular meeting times and places, and a mission statement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 14th day of January 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None /ROSE MARIE SHLPETZ, May ATTEST: A DITH DAVIS, City Clerk RESOLUTION NO: 01-91 A RESOLUTION CONSTITUTING A STREETS AND TREES COMMITTEE THE CITY COUNCIL Morro Bay, California WHEREAS, on 12 January 1987 by Resolution No. 01-87, the Morro Bay City Council did establish a Street Advisory Committee comprised of five (5) citizens for the purpose of increased input into policies for street improvements and traffic control facilities; and WHEREAS, said Street Advisory Committee and its members have performed their roles and responsibilities admirably since the creation of the Committee; and WHEREAS, in 1989 the City of Morro Bay was accepted by the National Arbor Day Foundation as a "Tree City USA", recognizing and symbolizing Morro Bay's increased commitment of time and resources to the preservation, planting, and maintenance of trees within the community; and WHEREAS, increasing needs and desires have surfaced recently to re-examine policies and regulations governing the selection and maintenance of street trees and trees on public properties; and WHEREAS, the Morro Bay City Council determined on 10 December 1990 that input on policies and programs involving street improvements and related facilities should be integrated with input concerning public trees, and vice versa; and WHEREAS, the Morro Bay City Council did provide policy direction the Street Advisory Committee concept should be expanded in membership and responsibility to incorporate an advisory role on matters related to street trees and trees on public properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that there is herein established a Streets and Trees Committee comprised of seven (7) members who 0 • shall be qualified electors of the City and shall hold no other public office in the City; and BE IT FURTHER RESOLVED members of the newly -constituted Streets and Trees Committee shall be appointed by and serve at the pleasure of the Morro Bay City Council, and shall serve without compensation; and BE IT FURTHER RESOLVED the Streets and Trees Committee is herewith charged with the purpose of providing input and recommendations to the Morro Bay City Council on policies involving street, sidewalk, curb and gutter, storm drainage, and traffic control facilities, and policies involving the City's Street Tree Program(s), City Master Tree List, tree specie selections, and the preservation, planting, and maintenance of street trees and trees on public properties; and BE IT FURTHER RESOLVED the Morro Bay City Council extends its appreciation to past and present members of the Street Advisory Committee for jobs well done, and by this Resolution officially disbands said Committee and releases its members from public service with a vote of thanks; and BE IT FURTHER RESOLVED that citizen applications for appointment to the new Streets and Trees Committee are hereby solicited, and that effort will be made by the Morro Bay City Council to balance the membership of the new Committee with representatives of both street improvements and public trees; and BE IT FURTHER RESOLVED that members of the Streets and Trees Committee shall serve for a period of four (4) years beginning 01 February 1991; the terms of two ( 2 ) members shall expire on 31 December 1992 and every four (4) years thereafter, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining three (3) members shall expire on 31 December 1994 and every four (4) years thereafter; and BE IT FURTHER RESOLVED the Streets and Trees Committee shall formulate rules and procedures to govern its operations, and said By -Laws shall be reviewed and approved by the City Council, such By -Laws to include but not be limited to provisions for appointment of officers, absences, regular meeting times and places, and a mission statement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 14th day of January 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None .�Il AS11E Alayo j. ATTEST: ARDITH DAVIS, City Clerk