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Resolution 01-92 to 81-92
RESOLUTIONS [Paj NO. TITLE ADOPTED O1-92 Resolution Establishing a Sister City Association with Ville de la Ciotat, France, And Creating a Sister City Advisory Committee 01-13-92 02-92 Resolution Regarding Parking Regulations For Front Street Parking Lot: No Parking 2:00 am through 6:00 am 01-13-92 03-92 Resolution Regarding Parking Regulations at Tidelands Park Boat Launch Ramp Double Stalls: Parking for Boat Trailers or Vehicles Attached to Boat Trailers Only 01-13-92 04-92 Resolution Approving the 1991 Annual Water Report and Adopting a Water Allocation Program for 1992 01-13-92 05-92 Resolution Announcing Findings & Amending Resolution No. 03-89 to Clarify the Administration Of the City's Long -Term Residential Waiting List 01-13-92 06-92 Resolution Reciting the Fact of the Special Municipal Election Held on the 17e' Day of December 1991 01-13-92 07-92 Resolution Approving License Agreement for Encroachment onto Public Property with Morro Bay Marina, Inc. to Allow Redevelopment Of Water Side Improvements in Conformance With Current Code & Safety Requirements 01-13-92 RESOLUTIONS 1992 NO. TITLE ADOPTED 08-92 Resolution Announcing Findings & Approving a Request to Transfer Water Equivalencies for 3126 Beachcomber 01-13-92 09-92 Resolution Amending Resolution No. 80-90, And Establishing a New Appropriation Limit For Fiscal Year 1990-91 01-13-92 10-92 Resolution Authorizing the City Administrator To Apply for a CDBG Grant from the State Department of Community Development for a Study on Maintaining Seafood Processing Operations on City Lease Sites 01-27-92 11-92 Resolution Approving Amendment to Master Fee Schedule for Liveaboard Related Fees 01-27-92 12-92 Resolution Amending Near & Long -Term Policies and Priorities of the City for Permanent Supplemental Water Supply Projects 01-27-92 13-92 Resolution in Support of the Establishment of a County -Wide Recycling & Market Development Zone 01-27-92 14-92 Resolution Accepting Coastal Commission Certification with Conditions & Adoption of Minor Modifications to Language of the City Land Use Plan/Local Coastal Plan Affecting the Point Motel Area to Conform to Coastal Committee Conditions 02-10-92 E RESOLUTIONS 1992 NO. TITLE ADOPTED 15-92 Resolution Supporting and Commending USA And Mexico Research and Education Efforts To Protect the California Gray Whale 02-10-92 16-92 Resolution Announcing Findings and Thanking The Estero Bay Surf Club for Construction of a Public Dressing Shelter at Morro Rock 02-10-92 17-92 Resolution Prohibiting Parking on Quintana Road At Main Street 02-24-92 18-92 Resolution Establishing Moderately -Restricted Water Supply Conditions (Level 2) 02-24-92 19-92 Resolution Approving Amendment #1 to Lease Sites 53-56W; Addition of Charter & Passenger Vessels as an Approved Use & Changes to Percentage Gross Rental Section 02-24-92 20-92 Resolution Accepting Coastal Commission Certification with Conditions of Amendments to the Land Use Plan of the Local Coastal Plan to 21-92 Conform to Measure H (Williams Brothers) 02-24-92 VOID 22-92 Resolution Announcing Findings & Extending Special Use Permit to Allow Ice Cream Vending From a Vehicle on Public Streets Within the Residential Districts of the City 02-24-92 • RESOLUTIONS 1992 NO. TITLE ADOPTED 23-92 Resolution Commending the San Luis County Chapter of the American Red Cross Upon 75 Years of Local Service 02-24-92 24-92 Resolution Announcing Findings & Approving Conditional Use Permit (Concept & Precise Plan) And Coastal Development Permit to Erect Two Single Story Modular Office Buildings at PG&E Site 02-24-92 25-92 Resolution Designating the SLOACC as the Metropolitan Planning Organization for the • City 02-24-92 26-92 Resolution Designating the SLOACC as the Congestion Management Agency for the City 02-24-92 27-92 Resolution Adopting a Water Shortage Contingency Plan 03-09-92 28-92 Resolution Appointing North Coast Engineering, Inc. as Interim City Engineer 03-09-92 29-92 Resolution Prohibiting Parking on a Section of Bayshore Drive 03-09-92 30-92 Resolution of Intent to Finance Purchase of the Desalination Facility from Aqua Design, Inc. 03-09-92 31-92 Resolution Commending G.H. Nichols, III for His Services ads Public Works Director/City Engineer 03-09-92 • RESOLUTIONS 1992 NO. TITLE ADOPTED 32-92 Resolution Approving Public Area Use Permit For a Cal Poly Crew Club Regatta 03-09-92 33-92 VOID 34-92 Resolution Declaring Weeds a Nuisance and Fire Hazard & Authorizing the Public Works Department to Proceed with Abatement 03-23-92 35-92 VOID 36-92 Resolution Approving Contract Award to Complete Development Services on Tidelands Park 05-26-92* 37-92 Resolution Accepting Offers of Dedication for Sewer, Public Street & Storm Drain Purposes As Made on Tract Map 1231 04-13-92 38-92 Resolution Adopting Master Plan Amendment For the Centennial Parkway to Include an Overlook Structure 04-13-92 39-92 Resolution Approving Designation of San Luis Obispo County Health Department, Division of Environmental Health, as Enforcement Agency For the City 04-13-92 40-92 Resolution Announcing Findings & Directing the Community Development Director to Grant Administrative Exceptions to the Parking Standards of the Morro Bay Municipal Code 40 For Two Years in Downtown Area 04-13-92 C� n U RESOLUTIONS 1992 NO. TITLE ADOPTED 41-92 Resolution Announcing Findings to Amend the Noise Element Consistent with State Law 04-13-92 42-92 Resolution Authorizing Filing a Grant Application to the Department of Boating & Waterways for Reconstruction of Tidelands Park Launch Ramp Docks/Access Ways & Repaving of the Parking Lot 04-27-92 43-92 Resolution Awarding Construction Contract For Park Irrigation Replacement at City Park & Monte Young Park to Dennis Landscaping Co. 04-27-92 44-92 Resolution Commending William Farrel for His Service as Community Development Director 04-27-92 45-92 Resolution Announcing Findings & Amending Water Allocation Program for 1992 & Related Operating Procedures 05-11-92 4b-92 VOID 47-92 Resolution Authorizing Entering into Interagency Agreements for Supply, Treatment & Delivery Of Potable Water from the State Water Project 05-11-92 48-92 Resolution Awarding Request For Proposal To Operate and Manage the Morro Bay Dial -A - Ride to Mayflower Contract Services, Inc. 05-11-92 49-92 Resolution Announcing Findings, Upholding Appeal of Planning Commission Action Approving A 3-Unit Condominium Conversion (Greening) 05-11-92 • RESOLUTIONS 1992 NO. TITLE ADOPTED 50-92 Resolution Awarding Bid for Weed Abatement Services to Jack Bridwell 05-11-92 51-92 Resolution Approving Agreement with County of San Luis Obispo For Collection of Special Taxes & Assessments 05-11-92 52-92 Resolution Announcing Findings & Amending City Master Fee Schedule to Include Retrofit Application Fees 05-11-92 53-92 Resolution Supporting SB 710 (Mello): A $263 Million Bond Act, Coastal & Riparian Resources Bond Act of 1992 05-11-92 54-92 Resolution Making Certain Findings Regarding The Coastal Branch (Phase H) Extension of the California Aqueduct & Local Projects, and Making Required Findings and Statements of Over -Riding Considerations With Respect to Service of Water to the City 05-11-92 55-92 Resolution Commending Bob Kyle for His Cost -Effective Management of Harbor Improvement Projects 05-26-92 56-92 Resolution Urging Support for Retention of Central Coast Service District of the California Conservation Corps in San Luis Obispo County 05-26-92 RESOLUTIONS 1992 NO. TITLE ADOPTED 57-92 Resolution Accepting the Annual Statement Of Investment Policy 05-26-92 58-92 Resolution Directing the Preparation of an Engineer's Report for Levy of Annual Assessments for Bayshore Bluffs Park 05-26-92 59-92 Resolution Determining Unpaid Assessments, Providing for the Issuance of Bonds Pursuant To the "Improvement Bond Act of 1915", Approving a Summary of Bond Issuance & Approving the Form of Purchase Contract (Mimosa Street) 05-26-92 60-92 Resolution Awarding Sale of Bonds, Mimosa Street Supplement Assessment District 05-26-92 61-92 Resolution Establishing Business License Rate Schedule for Fiscal Year 1992-93 06-08-92 62-92 Resolution Calling Election & Requesting Consolidation with the November 3,1991 General Municipal Election 06-08-92 63-92 Resolution Declaring Intention to Levy Annual Assessment for Maintenance Assessment District for Bayshore Bluffs 06-08-92 64-92 Resolution Announcing Findings & Upholding Appeal of Planning Commission Action & Approving a Sign Exception Permit (Desai) 06-22-92 E • RESOLUTIONS 1992 NO. TITLE ADOPTED 65-92 Resolution Announcing Findings & Approving Amendments to Chapter IV, Visual Resources & Scenic Highway Element of the General Plan/ Land Use Plan 06-17-92 66-92 Resolution Awarding Maintenance Yard Fueling Equipment Project to B&T Service Station Contractors 06-22-92 67-92 Resolution Accepting Settlement of Workers Compensation Claim in Gilbert v. City 06-08-92 68-92 Resolution Announcing Findings & Approving Amendment to Concept Plan for a Shopping Center (Williams) 06-17-92 69-92 Resolution Amending Certain Rules of Procedure Governing the Conduct of Business at City Council Meetings (Adjourn by 11:00 pm) 06-17-92 70-92 Resolution Approving Assignment & Assumption Of Lease Sites 90-90W Adding Seafood Cafe & Retails Sales, Etc. 06-08-92 71-92 Resolution Supporting HR 3821, Southern California Comprehensive Water Reuse System 06-08-92 72-92 Resolution Approving Month -to -Month Extension Of Interim Non -Exclusive Recycling Franchise Agreement with Morro Bay Garbage Service Until 9-30-92 06-22-92 • RESOLUTIONS 1992 NO. TITLE ADOPTED 73-92 Resolution Approving 20-Year Extension of Lease Sites 124-127/124W-127W (Virg's Landing) 06-22-92 74-92 Resolution Establishing Recreation Services Pricing Policy 06-22-92 75-92 Resolution Adopting a Budget & Making Appropriations for Fiscal Year 1992-93 06-22-92 76-92 Resolution Elevating Mandatory Water Conservation Measures from Level 2 (Moderately Restricted) to Level 3 (Severely Restricted) 06-22-92 77-92 Resolution Accepting Low -Interest Loan From State Department of Water Resources 06-22-92 78-92 Resolution Accepting South T-Pier Reconstruction Project as Complete & Authorizing Filing Notice of Completion 06-22-92 79-92 Resolution Establishing Appropriations Limit for Fiscal Year 1991-92 06-22-92 80-92 Resolution Adopting 1992-93 Master Fee Schedule 06-22-92 81-92 Resolution Establishing Water Use Rates and Related Fees & Deposits for Water Services 06-22-92 RESOLUTION NO. 81-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING WATER 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, to that end the Council has approved the construction of an emergency desalination project, and the related financing of the project using a two stage water rate increase; and WHEREAS, the first stage of the water rate increase was approved on April 22, 1991, with the understanding that the second stage water rate increase would take effect on July 1, 1992, and WHEREAS, the attached Water Rate Use Table reflects this increase. 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 .......................$ 33.00 Delinquent Charge.............................10% Construction meter: Setting Charge .........................$ 33.00 Rental/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 this 22nd day of June, 1992 by the following roll call vote: AYES: Baker, Luna, Wuriu, Sheetz NOES: Mullen ABSENT: None ARDITIH DAVIS, City Clerk ONV1T V10r\pQ Q1(1rWNrN01 lOQNNNpI➢TNhN W1flMNrl rlN f"I IOTNhNWQNOTTmOr-I rl 1pti N v1 N�(. . . . .TO. --IN . .tO .01.im ulr 0l.-iM v1WOmNW.-IQrOm�00�N�00�m�000W�-t ill O�pWN�O .i W 1-�lL'W(J Wt'1mMWmWmW@T@Olp 01p C1 VjONOUI.-I f0 rI 1DNrNM1 M W m 014 Ol@ O N O 1O rI r Nr M W M C1 p O Ill .i aWC7tx m@@vlUltp�prrWWmT00.-IrlNr�fmpp�N101OrrWWOlN00.-irlNe�lMQp�ill�OlOrrWWT00.-1 FEa�ti @@ppQQ@@@V'QQQvI �(1411�11 V1 �(lltl 111 Ul vl t(1IllN1f1 Ul V1 v1 Ul U11D tO lO lO IU �O ID Ip tO ID �O tO f0 W1D IO tO tOrrh F 3MV ti NppVl VIr TOIOONN@�(1 V1rrWWOONNmM1f1 U1M1M1WWOOri rimmmlll 111 aD �OWWOOOr-1 rlmmp \ 000000000.-I.-Iri.-1.-1.-I.-Irl.y.y.yNNNNNNNNNNNNmmM�'1mmmMmnmMr•1 dip Vp ppQQ PiW V1N ul vl t(1111 Ul Ul 111 vl vl u'IN vl vl l(l�l1N1lIN V1N tt1N V1N V1111 V1 If1 v1 �l1 VI �lIN VIN VI VI IlI Nall lfl lllNUl 111 Ni(1N Nu'I v1 Q 1KH lOrW010.iNmQV11pM1W0f 0.-iNMQN10r W010 r1N mQifl lOhWOI O r-INMpill lDrmOl O.-iNmQlll 1prm O OOOr-1.-I.yH.y �y �y.y.y�..�N NNNNNNNNNmMmmmmMmmM@@@@@@@QQpNvl illNvlNvl fll V1 W .-1 rl .i ri 'i 'i 'i 'i e-I rl r-I .-I ri ei 'i 'i ri .-i •y 'i .1 'i �-1 rl 'i rl .y ti ^I .y ri rl rl 'i H ti fi 'i rl r-1 'i .-i 'i ri 'i r-1 r1 'i 'i 'Y ti .y 'i O a W O rtO OlN WIIIQ pIO OlflppNrrI IONOO N1ll01➢pNNmtp 011l.-imW010Mrrlr illQMpIOWNWQ�-IOOl 01 r OmhO@WNlO ry vl0 Ul0 illy �ONWpOIOmTIUmOrpNOIrQNOG1r NQNr10TWrlc lO ul vl vl vlpp W • NOfi Wiz T@mNr"I1110@TMWNr.y IOONTQOImWNrNr.i to rl vlO NOVI OlQ G1p OlQ OIMmmWmWmWmWM a WC7 Ri WOI OIOOrI rIN NNMMQQ�l11111p\p 1prrmWOI OIOO.i�-INNmM,@pQYl U1101prM1WWOl 0100r1 �-INNM H�pU r OIN@1➢rTONQ�f1T0NNmVlrmO.imi(11Dmm0.-Im Nlll lO mOl.-i .ymQplpmWN.-INNQIp I➢h pl pl .-1 N NMMmmMQ@Qp@Vl N�f1 V1 v1N u1 W1D �O �D tp iv lnrM1M1 M1M1M1M1M1 W W W W W W W W WTTTTTTTTTO 3w7 mQNlprWmO.iNmpVI �DM1WTOeiNMplfl tOr WOIOHNMpY1 �OrW010r-INMpY1 fOM1W010'-INMQIII Ul lI11[11I1 V1 t(1 V1 fO lO lO IO �O IO IO �D t01➢rM1rrrrrrrrW W W W W W W W W WTTTTTTTTTT000000 W a W a m m01W W.-i 1IlO r1D 1DWNrpmmpWMOl .y r Olm Nr QIl1NW 0111p 1D r-IW W.-i lU plll W lflN QlO r-IW WOpO TTWWWTTOO.iNMv110WONp�O Try vIWNrNhmOINNOrv1m NOTTWWWWTO.iNpNhONN W rvNillW rlp r.-iQrOTNtOTmr.ipWNlOOmr.i ul09 N94.1 a WC�Qi r-Ir-1.YNNNt1t•1mmpQ@Ult(lill 1p l➢lprhhWmWOlT 000r1r-INNNMMtr1@@U11111O 1010rrmm a .-1 .-1 ei .-1 ry .-) ry ei e4 rl '1 e-1 r1 ry .-1 rl .i •i N r-1 .-i r-1 F3�U O mlO T.-INQ�prTONp NrTONmlllr NtO.y�llTpmrlpTNUIT NYIrOmNme-Im �O m.im pmTmClO O T T T OOOOOOry r-I rl ry ry ryNN N NNm Mp@p�ll U11p 1p 1DrrrWWWTTTT0000'-1.-1�-I riNNNN 3ma O.-INMQN1pM1WTOr1NM@U1101�mT0�-INmpVI fOrWTOrINmQV1 lOrWTOrlNmpi111prmTO.yN ry'irl'I.yr-IN ry rI rINNNNNNNNNNMMMMMMMmMM@@@@@@@@@QVl tll Yl W C7 a m 12 i lV.'Irl.-10.ym Pl()mi-IPrrV IOON.irmOl r�/1NOWnrbu)bhmmOMlpm W rl ll'I�CmNmC0�L N01rPN 4i QiW V' V1 rIr M01 V1 ,-Inm • . -INmVlbrOtONMtt)nmOr-Im llln Q W('JW NmMPPVlbbrn�~nmOl l/1 rIr MOl Vl eyrMOIONmPO,ONmPrIr M 13�1) MOWN FHQQ mMmMtnMMMMmm��00,-iNNmMPV1111 tpnrmmp100r1 .yNmMPe�N�O Apr mPOrmTNe-1 O Qyx ,y ,.y ,y •y .-I.-�.-I .i .-1 .i mMPPPPPPPPV'PCPCCPCtl1 Vl VI�VI Ill Vl try ill mmmmo.-i .tiNNmP E 3 000oo'-I,yri.ymmmMV11(1Vl✓lbbblOmmmmmOl Ol pl pl.y'.I .y ."I rImMMmPP PCCb�p 1p �y lOmmmm \ o00000000000000000000a00000000.-I .a .r ti.�,a WUW' F b b b iv b b b 1p io b . . �4 •i .-I .y .-I ,y .# .i .-� .i .# .-� .y .-� ,y .y .-1 Qvi" 1p`Ombb blcblo lv b�D lob blobbbbbbbbbblp blo to la �c io lo��.a to to �o �v to �n 3D� V1 lOrmU�O.-INmCN�OrmG10'iN Me}Nlprm010.-INmCNbrWQ10 rINm ClA �prmOlO `n'abebrnrnrnrrrrmmmmmmmmmmmmmm�mmmmm0000000000.y .y ,ti .y ,y ,y ,y ,.� W NNNNNNNNNNNNNN NryNNNNNNN ,-INMPUI tOr Vr N N N N N N N N N N N N M M m m t1 M M m M m M M M M m M m m Q m h CN C1 hIl1m�mbPNOOIn It)MNOmn�PN.iOmh binPmN.-1001mn n�p��PPMmNNN,y �..�...� N Li:W C1 MO', VIO bNmPpl N.y(+mmCOlpNmMOl Ul ,yhMplC OIp N(OPOIONrMO. 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N O 21 • 40 RESOLUTION NO. 80-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE 1992-93 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 cost 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, 1992, and thereafter unless amended. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 22nd day of June, 1992 by the following roll call vote: AYES: Baker, NOES: None ABSENT: None Luna, Mullen, Wuriu, Sheetz ARDITH DAVIS, City Clerk E E • � W � O A W � M w O � a � O � W o M N N N N N M�M W h� O r.a � U � � � v w a� .h Q y x c a � o ❑ Y\o p, cz \ (U ± \ _ / \ ƒ \ / / �0 . // § \ � � / ) / / m \ _ \ It } % G » R 0227 q 71 - to � « � \ \ \ } ƒ CQ \ 0w \ \ / / & Q > ° ) / A± - - \ ) § \ �± u �\2/ 0�3& � @ @ q 2 e � ) f � ] \ . \ \ 2 \ a / j ƒ j � C14 � S oo ,mac-.._.. v oS So CD w ❑ SSo a� o� • � CDrq ,--i O 6M4 6�4 6N4 V) Lei =3 6~9 64 6.3 U U N d CDo t-, o cq I + S + o y E y U U �O O�w.�.S S O p w 000 c CC:a_eS u d d O 6 9 .�., O O pO 4 ctY f.,j U V O 6m4 6N4 6N9 6N9 O O 64 O o rz � C � � N U V •c} i U o b e o o a' c y C OC � � •C •� O V 3 o h b t ) to � bq 7 �" •"' O cd CU OD •� C C O G. �•' iG «7 O C N y ti 67babo U 17 C O r. 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N &.� .J. � m m .A Qi C Y .� .� � •O .� t L � .� .' r � .S .S .S .S � S SZ 'm °D F •y -u .5 � .LS •'m' .5 .P. 8� y L 'J = 4 'S .LS a, mu i N Q uq uq fsryJ g� q� Y Y Y Y r3 J V VJ y •� W W W W W W W R R y R W� W .. •� S R ,y° W 2 WO FO 1 4y ai y •"� CI Cti N [�i? hb Sao O\ ti.N+ .Ma .tea .fin �.n. °,y Q N y a P a� H $9 88$$98 80 0 0 8� 8Id4 • 6Sg5? KNf.AH ya H f.9 G9 49 Vi fA f9 Z; K V) G9 N 0 U U W •� O � L .+ u N u •� a OUO � � a a ` � 5 co K p 3 �• ti T O C v •`j t � O L L N tV. C O N ^ ' O b 7 o w i V uL.. 'O ° U O h U Q as V ° � E >_� CN (D E E 7m 0. z Cl cu C Ej C > C "V Z s o 5` u � 5 3 .. w E ❑ a E= E; N o s c w U �.^ E O > .E 3 ;a :E r d 3 . o .c ep • � .� •o E ?? a e c O w ... ai O �-C.' V� N V 9 .. OE� 5 E E b 3 '' e c°42 ti v z' ti •T o h ' e eo n a� ° n w m C 3 O O qq U v7 d 'a a P. � FL v •` ° r'Nn L •'� m` N N C a) U N 4) Y N S F N m y� U t' V o `o ff o o` o o `o o N > c=,wwr�wwwwwwwwww..OwN o d fA S.r' N MV L.. 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Permit Inspection Fee (Renewable Annually) Fire Alarm, Medical Alarm B. Special Occurrence or Use Permit Fee + Engine Standby hourly (if required) Fumigation Notice C. Fire Department Plan Review and New Construction Inspection Permit Fee Specialty Plan Review Fees: Automatic Sprinkler System ($0.50/head) Fire Alarm System Specialized Fire Protection System Flammable or Combustible Liquid Tank On -site Hydrant System Standpipe System (wet, dry, horizontal) Tents/Air Supported Structures Researching Fire Flow Calculations/ HydrantFlows Consultation - Plan Review D. Excessive or Malicious False Alarm Fee E. Hazardous Material Incident Fee + reimbursement of actual costs G. Fire Investigation Report Fee H. Fire Department Response Report Fee I. Key Box Permit Fee (Knox Box) + $10.00 for each additional box J. Fire Sprinkler Service Fee ($0.50/head) K. Penalty Fees Failure to Meet for Scheduled Site Re -Inspection Failure to Comply (per re -inspection > 2) Failure to Obtain a Permit Non -Renewal of Annual Permit $49.00 $49.00 $49.00 $80.00/hr $10.00 $53.00 $53.00 minimum $53.00 $53.00 $53.00 $53.00 co $53.00 TM $53.00 $26.00 Actual cost 1 hr minimum $42.00/unit $84.00/unit/hr $95.00 $23.00 $33.00 $53.00 minimum $26.50 $53.00 double fees double fees go o 0 0 y o� 00 00 cn 63. 6s 69. vj bs y � 71 O N OQ O wM 00 00 m es c 0 y 0 c �yrct I L 1^l •, b � � N U � ti U 0 s U /FY N � a _ a� 7 O "' bO 7 A y w u CC ^ U V] ' w G y o0 0 oNoo �•q „ Soo C\ m.r eSn H " S " � � �c sr sr ��s6sVN W'y cUF" E '�64� 6s 6,9, W o w q ti CD t) o o m g a o C o o ss sc N c � pa W r-u U U cu 0 C W O O H F7 O N N l� cq N N �O Cl) ti CC � N 4 0 cn A 0.ti w p 0U O a� ? ❑ S cz P, .�' U a> T N > lu ao ° •o a �o cu -0 r- rf—sr o .� a �o�•a c o•obo ' b c a `a $ o �q •� a�i a`�i > w rn S r x W On 0 N O "' O U Ca 000in � N O �0000 �� O O y o Q 1 Ln 0 0 w U N N� N M V ss U p c U • a ss ss v> sr v3 v> ss o 3 q O j � s 6s o 000 a o x o U W y o c o 0 o 000 �• opoc c�-�o O O y y y C cn O w U v U a 1; CD lzr 6s s6ss6s » nss 619. 6ss �U 3 q°O W 6ssr,��G's 11 P 0 O OO Pa � � O 06 06 o0 06 � d 7 of opo >1 (/� oo N N N N rj ri c+i 1�1 � V � O o tia U� s Ea a a v o. 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I s w � g tj a U ri 0 Y 0 � a z a o � 0 0 0 0 y� m O. 7 � a �a U I A F. C4 :v b a z ai a; a a. w wi 'O O C M a. 0 a a b In. ^� y a � G y Iti R _N ao � 0 oo U O O T 6q� 65 s5 w 0 0 q • O U �� N �xw U � O Q z � T w a o0 N � ca . O a ON w U O ca U O a • O r z a� z z w e z 2� '» 64 6R N O O � z 1 w I U S Sri) �oU z iT cn C z O O O rn m m v Q w t-; 0 C O b y a 3 R � � M i TD TD N T to U G T R w � w o O uto i O : U N G (U 1 oto �+ U O O i o O O •y w 141) d a "' ) k / § / )) } \) \) \) \) / o 40 /\±)� \ 022�\ 2) 2 /± /2 6q2 / ca � \ q . u e a / // /) {f 643. /, 2 # = u c = � )\ \§ a $_ \ \\ WE w , @f . \jfiq p RESOLUTION NO. 79-92 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991-92 T H E CITY COUNCIL City of Morro Bay, California WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition III, requires an annual election of the method of measurement of growth in both: PRICE - California Per Capita Income OR Non -Residential Assessed . Valuation due to new construction within the City. AND POPULATION - City Population Growth QR County Population Growth. WHEREAS, the price measurement can only be done using the California Per Capita Income in San Luis Obispo County; and WHEREAS, the population measurement is most advantageous using the County Population Growth. NOW, THEREFORE, BE IT RESOLVED, that the City Council elects to measure price growth using the changes in California Per Capita Income, and to measure population growth using the change in San Luis Obispo County Population, and establishes the Proposition 4 and Ill appropriation limit for fiscal year 1991-92 at $8,277,641 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $5,806,528 and is therefore $2,471,113 under the limitation. F I , - City Council Resolution No. 79-92 • Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of June, 1992, by the following vote to wit: AYES: NOES: ABSENT: ATTEST: • Baker, Luna, Mullen, Wuriu, Sheetz None None ARDITH DAVIS, City Clerk • CITY OF MORRO BAY ARTICLE XIII B (Proposition 4 & Proposition 111) APPROPRIATION LIMITATION DOCUMENT • FISCAL YEAR 1991-92 F01217\7:167:)•il Louise Burt, Finance Director June 1992 L CITY OF MORRO BAY ARTICLE XIII B (Proposition 4 & Proposition 111) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1991-92 TABLE OF CONTENTS I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION • AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR ..................................... 1 I I . STATEMENT OF PERTINENT FACTORS ......................... 1 III. REVENUE CLASSIFICATION SCHEDULE ........................ 3 IV. COST ANALYSIS FOR FEE RELATED SERVICES .................. 5 V. CALCULATION OF THE LIMITATION .......................... 6 CITY OF MORRO BAY ARTICLE XI 1 B (Proposition 4 and Proposition 111) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1991-92 I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR The pertinent accounts and records of the City of Morro Bay were examined and, as a result, it has been determined that according to generally accepted requirements the City of Morro Bay's appropriation limit for the 1991-92 fiscal year as provided for in Article XIII B of the • Constitution of the State of California as implemented by Chapter 1205, Statutes of 1980, is $8,277,641. It has been determined that of the City's 1991-92 budgeted appropriations, contingency and provision for reserves of $8,624,322, the amount of $5,806,528 is subject to the limitation and is therefore $2,471,113 under the limitation. I I . STATEMENT OF PERTINENT FACTORS Article XIII B (Proposition 4) which was approved by the California electorate November 6, 1979 primarily places a limit on the annual increase in spending of a local agency. The limitation fundamentally controls spending which results from tax revenue resource and any excess of revenue over cost reasonably borne for regulatory licenses, user charges, and user fees in providing regulation, product or service and the investment of tax revenue. Article XIII B became effective July 1, 1980, the first day of the fiscal year following its adoption. Proposition 111, approved in June 1990, makes adjustments in the calculation and is incorporated herein. -1- t In developing the spending limitation the following documents were analyzed and applied where appropriate: • 1. Article XIII B, Chapter 1205 of the California State Constitution. 2. Senate Bill No. 1354 which provides for the implementation of Article XIII B by defining various terms used in the Article and by prescribing procedures to be used in implementing specific provisions of the Article. 3. Uniform Guidelines for the Implementation of Article XIII B prepared by the League of California Cities. (1980 & 1991 publications). 4. Proposition 4 Procedures Guidelines prepared by the County Accounting Standards and Procedures Committee. There are no material jurisdictional, policy or organizational changes which would warrant adjustments to the City's limitation pursuant to Section 3 of the Article. Improvement District No. 6 was not included in the base year since they are used exclusively for debt service. • The City's limitation has been calculated by using the following funds in their aggregate amounts: (a) General (f) Gas tax (b) Harbor (g) Traffic safety (c) Sanitation (h) Revenue sharing (d) Water (i) Insurance fund (e) Park fee (internal service) The local transportation account is considered to be an "enterprise fund" as such is excluded. There was no specific appropriation providing for a General Fund contribution in fiscal year 1978-79, the base year. Revenues from fees and charges were compared to the specific cost of providing that service in order to determine the extent the revenues are considered "proceeds of taxes". There were no identifiable mandated costs for Worker's Compensation Insurance in the base year 1978-79. • -2- • The only mandated cost which could be specifically identified in the accounting records was $1,239 for unemployment insurance benefits paid in the base year. The City considers unemployment insurance as a federal mandate and has adjusted the limitation accordingly. A use allowance was applied for the City's buildings, structures and equipment based upon the sound value; which value was determined by the Industrial Appraisal Company. The City recognizes and reserves the right to adjust or change considerations or amounts contained in this document as changes in generally accepted requirements may dictate. III. REVENUE CLASSIFICATION SCHEDULE A. 1978-79 Base Year Revenue Source Proceeds Nonl2roceeds Property Taxes $ 355,544 Other Taxes 746,850 • Licenses, Permits and Franchises $ 39,206 Fines, Forfeits and Penalties 28,700 Revenue from Use of Money and Property 106,047 12,653 Aid from Other Governmental Agencies 308,776 320 Charges for Current Services 419,802 Other Revenue or Funds Available 12,248 1,462 Special Gasoline Tax 89,017 Harbor Revenue 207,000 Federal Revenue Sharing 146,915 Fund Balance 1,427,911 1.039.109 TOTAL $3,046,393 $1.895,167 The total of the 1978-79 proceeds of taxes when increased by the cost -of - living and population factors is the appropriation limitation. -3- CTTY OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1991-92 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes $ 3,567,300 Licenses and Permits $ 172,700 Fines and Forfeits 14,000 Intergovernmental 393,200 Charges for Services 316,348 Use of Money & Property 358,160 48,840 Other Revenue 42,200 Total General Fund $ 4,318,660 $ 594,088 Special Revenue Funds Gas Tax Fund $ 169,000 Traffic Safety $ 46,000 Water Fund 1,549,500 Sewer Fund 932,000 Harbor Fund 647,000 Total Special Revenue Fund $ 169,000 $ 3,174,500 Capital Project Funds Park Fee $ 4,500 Water Capital 55,000 Sewer Capital 60,000 Total Capital Projects $ 119,500 Enterprise Funds - Transit $ 257,000 TOTAL $ 4,487,660 $ 4,145,088 Add: Fund Balance -Beginning 1,318,868 1,218,190 GRANDTOTAL $ 5,806,528 $ 5.363.278 NOTE: In order to complete the process of determining the proceeds of taxes, Proposition 4 provides that regulatory licenses, user charges, and user fees be considered proceeds of taxes to the extent that such charges and fees exceed the costs reasonably borne by each entity in providing the regulation, product or service. As a step in the development of the City's base year statement, the revenues from regulatory licenses, user charges u • -4- and user fees were scheduled and related costs reasonably borne were • compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. The workpapers for the base year document contain detailed schedules showing the revenue and cost comparisons. The total of the 1991-92 adjusted proceeds of taxes are subject to the appropriation limit; the nonproceeds are not. Whereas the estimated or budgeted amounts are useful for planning purposes, it is the actual appropriations made throughout the year which, if they exceed the limitation, must be returned to the taxpayer. This has been reviewed for the 1990-91 fiscal year, and showed the City was $2,472,987 under the limit. I V . COST ANALYSIS FOR FEE RELATED SERVICES Article XIII B provides that proceeds of taxes which are subject to the growth limitations include revenues from regulatory licenses, user charges, and user fees to the extent that those revenues exceed the costs reasonably borne by the City in providing the regulations, product or service. Staff completes a cost study annually in the preparation of the Master Fee Schedule to ensure that fees do not exceed cost. • Included in the costs reasonably borne are direct departmental expenditures and indirect costs allowable. Included in the indirect costs is a "use allowance: for buildings and equipment. The allowance is 2 percent of building cost per year (50 year life) and 6 percent of equipment cost per year (16 year life). V. CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts provided by the State Department of Finance. 062 V. CALCULATION OF THE LIMITATION THE COST -OF LIVING AND POPULATION FACTORS USED BELOW WERE CALCULATED FROM AMOUNTS PROVIDED BY THE STATE DEPARTMENT OF FINANCE. CITY OF MORRO BAY- PROP 111 WORKSHEET- PRICE & POPULATION DATA CPI CPCI CONST CITY POP COUNTY LIMIT CHANGE CHANGE GROWTH * GROWTH ------PRICE MEASUREMENT---- * ---POPULATION MEASUREMENT-- * 78/79 * 3046393 79/80 1.1017 * 1.0138 3402527 80/81 1.1053 * 1.0026 3770591 81/82 1.0912 * 1.0139 4171660 82/83 1.0679 * 1.0204 4545796 83/84 1.0235 * 1.0181 4736835 84/85 1.0474 * 1.0175 5048185 85/86 1.0374 * 1.0162 5321826 86/87 1.0230 * 1.0412 5668530 87/88 1.0304 * 1.0293 6011990 88/89 1.0393 * 1.0383 6487507 89/90 1.0498 * 1.0392 7077560 90/91 1.0421 * 1.0459 7714062 91/92 1.0414 * 1.0304 8277641 • 171 0 1C7of 1$)R 110to],■,c • RESOLUTION ACCEPTING PROJECT NO. PW91-02; SOUTH T-PIER RECONSTRUCTION AS COMPLETE AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, R. E. Staite Engineering, Inc. of San Diego, California was awarded the subject construction contract; and WHEREAS, the construction has been completed in accordance with the project plans and specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the construction of Project No. PW91-02; South T-Pier Reconstruction is hereby accepted as complete on behalf of the public; and BE IT FURTHER RESOLVED, the City Clerk be authorized and directed to cause the filing of the project's Notice of Completion. PASSED AND ADOPTED by the City Council of the City of Morro Bay •at a regular meeting held thereof on the 22nd day of June, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST• / ARDITH DAVIS, City Clerk NOTICE OF COMPLETION TO NHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the Citv of Morro Bay, San Luis Obispo County, California, that the construction of Project No. PW 91-02; South T-Pier Reconstruction in the City of Morro Bay, has been completed by R. E. Staite Engineering, Inc. • and that said work was accepted as completed on June 22, 1992 19 . ARDITH DAVIS, City Clerk City of Morro Bay, California The undersigned here deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. ExecutedQ at Morro Bay, California, this day of ARDITH DAVIS, City Clerk CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS CERTIFICATION OF COMPLETION The undersigned hereby certifies that the construction of Project No. PW 91-02; South T-Pier Reconstruction by R. E. Staite Engineering, Inc has been inspected and found to comply with the approved plans and specifications • and has been accepted as having been completed in accordance therewith. It is, therefore, requested that the City Clerk file a • Notice of Completion. f 11 �` .I . .. -1992 0 RESOLUTION NO. 77-92 RESOLUTION ACCEPTING A LOW -INTEREST LOAN (CONTRACT NO. E54306) FROM THE STATE DEPARTMENT OF WATER RESOURCES AND ITS CONDITIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Department of Health Services has determined that City Well No. 8 is under the influence of a surface water and therefore subject to the Surface Water Treatment Rule; and WHEREAS, Well No. 8 is a crucial and unexpendable part of the City's potable water supply; and WHEREAS, the Department of Water Resources has offered to provide a low -interest loan to construct the mandated treatment facility for Well No. 8; and WHEREAS, it is in the best interest of public health and welfare to construct said treatment facility. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that the Safe Water Drinking Loan (Contract No. E54306) as • offered by the Department of Water Resources is hereby accepted; and BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay is hereby designated to sign the contract with the Department of water Resources; and BE IT FURTHER RESOLVED the City Administrator is hereby authorized to approve partial payment estimates. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of June, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: �L tiG/l. ARDITH DAVIS, City Clerk a OSE MARIE SHEETZ, Mayor RESOLUTION NO. 76-92 RESOLUTION ELEVATING MANDATORY WATER CONSERVATION MEASURES FROM LEVEL 2 (MODERATELY RESTRICTED WATER SUPPLY CONDITIONS) TO LEVEL 3 (SEVERELY RESTRICTED WATER SUPPLY CONDITIONS) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on February 24, 1992 in acknowledgement of the beneficial impacts of winter rains the Morro Bay City Council rescinded the declaration of emergency water supply conditions and declared the existence of Level 2 moderately restricted water supply conditions; and WHEREAS, the potable water supply has reached the level of water quality concern which provides for increased concentration efforts; and WHEREAS, it is deemed to be in the interest of public health and welfare to cause an increase in water conservation requirements; and WHEREAS, it is deemed appropriate to elevate the level of mandatory water conservation measures to a severely restricted water supply condition. •NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that a Level 3 Severely Restricted Water Supply Condition pursuant to the Morro Bay Municipal Code is hereby declared. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of June, 1992 by the following vote: AYES: Baker, Wuriu, Sheetz NOES: Luna, Mullen ABSENT: None ABSTAIN: None ATTEST ARDI H DAVIS, City Clerk • WTB/LC:WTB92-1:76-92 r RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1992-93 T H E CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council, City Staff, and City Employees have expended many hours preparing and reviewing the City's needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation expenditures could not be incurred or paid on a daily basis; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or • resolution need not be audited by the City Council prior to payment; and WHEREAS, City Council acknowledges the continuing efforts of Staff to operate within an approved budget and manage savings wherever feasible; and r1 U WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; WHEREAS, Proposition Ill, requires an annual election of the method of measurement of growth in both: PRICE - California Per Capita Income OR Non -Residential Assessed Valuation due to new construction within the City. AND POPULATION - City Population Growth 2R County Population Growth. • City Council Resolution No. 75-92 Page Two WHEREAS, the price measurement can only be done using the California Per Capita Income in San Luis Obispo County; and WHEREAS, the population measurement is most advantageous using the County Population Growth. NOW, THEREFORE, BE IT RESOLVED: 1. The 1992-93 Manager's Recommended Budget is adopted with the changes ordered by the City Council as illustrated in Exhibit A; and 2. Staff is directed to prepare and publish a final budget document incorporating all the aforementioned changes and all changes resulting from Council approved salary and benefit adjustments; and 3. The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as the bottom line appropriations are not exceeded. Otherwise, appropriation control is intended to be at the division bottom line for operations and the project bottom line for capital projects with administrative approval. 4. The City Council elects to measure price growth using the changes in California Per Capita Income, and to measure population growth using the change in San Luis Obispo County Population, and establishes the Proposition 4 and 111 appropriation limit for fiscal year 1992-93 at $8,306,910 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $4,578,626 and is therefore $3,983,717 under the limitation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of June, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk Wuriu, Sheetz R SE M ARIESHELKrz,Ma-yor __ • 1 CITY OF MORRO BAY BUDGET SUMMARY FISCAL YEAR 92-93 GENERAL PARK TRANSIT GAS TAX TRAFFIC WATER FUND FUND FUND FUND SAFETY OPERATING FUND FUND WATER SEWER SEWER CAPITAL OPERATING CAPITAL FUND FUND FUND HARBOR TOTAL FUND REVENUE 4406100 5500 195936 116300 - 0 1769500 35000 920000 75000 719000 8242336 EXPENSES OPERATING --------- 0 ADMINISTRATION 42399 COUNCIL ADMINISTRATION 42399 102105 3026 8178 41895 23167 16755 7728 195126 90000 ATTORNEY 47095 1396 3772 19323 17052 10686 9429 6819 88408 PERSONNEL 51780 3328 FINANCE 112829 3344 9037 79463 58768 18515 281956 0 RECREATION 96640 ADMINISTRATION 96640 159787 SPORTS 159787296753 30000 FACILITIES 256753 104114 CULTURAL 104114 0373 160373 PARKS 160373 296738 COMMUNITY DEVELOPMENT 296738 2460 COMMISSION 2460 1561303 POLICE 1561303 713819 FIRE 713819 0 PUBLIC WORKS 157838 VEHICLE MAINTENANCE 147330 10508 228803 TRANSIT 228803 480172 STREETS 480172 745326 745326 WATER 138537 138537 SEWER -COLLECTION 601248 601248 SEWER -TREATMENT 561087 561087 HARBOR 0 283670 NON -DEPARTMENTAL 283670 OPERATING CONTINGENCY 4000 5000 15000 15000 75GO 46500 ----------------------------------------------------------------------------------------------------------------------------_-------_- TOTAL OPERATING 4139195 0 251077 509487 0 918059 0 856835 0 648404 7323057 -------------------------------------------' OPERATING SURPLUS 266905 - ----_-_---------___--------------___-_-----_----_-_---------------------"--------- 5500 55141 393187 0 851441 35000 63165 75000 70596 919279 CITY OF MORRO BAY BUDGET SUMMARY FISCAL YEAR 92-93 CAPITAL EXPEN➢ITURES -------------------- GENERAL PARK TRANSIT GAS TAX TRAFFIC WATER WATER SEWER SEWER HARHOk FUND FUND FUND FUND SAFETY OPERATING CAPITAL OPERATING CAPITAL FUND FUND FUND FUND FUND FUND TOTAL RECREATION COMM CENTER FINANCING 225286 225286 STREETS STREET SWEEPER 24000 24000 WATER DE -SAL FINANCING 535000 535000 DEBT SVC RESERVE 190000 190000 TREASURE REDUCING VALVE 30000 30000 STATE WTR COASTAL BRANCH 85000 85000 RECLAMATION PROJECT 25000 25000 capi PEPNILRnO STUDY 7500 7500 15000 SEWER SEWER TREATMENT RESERVE 55000 55000 SEWER COLLECTION RESERVE -------------------------------------------------------------------------------------------------------------------------------------- 55000 55000 TOTAL CAPITAL 225286 0 0 24000 0 847500 32500 55000 55000 0 1239286 CURRENT SURPLUS(DEFICIT) 41619 5500 -55141 -417187 0 3941 2500 8165 20000 -70596 -320007 USE OF FUND BALANCE 347000 0 0 0 0 0 0 0 0 0 347000 FUND TRANSFERS -388619 55141 408478 0 0 0 0 0 -75000 0 ___----------------------------------------------------------------------------------------------------------------I--_-__-__ SURPLUS(DEFICIT) 0 5500 0 -8709 0 3941 2500 8165 20000 - 4404 26993 TOTAL EXPENDITURES 4364481 0 251077 533487 0 1765559 32500 911835 55000 648404 8562343 �i CITY OF MORRO BAY ARTICLE XIII B (Proposition 4 & Proposition 111) APPROPRIATION LINIITATION DOCUMENT • FISCAL YEAR 1992-93 Louise Burt, Finance Director June 1992 EXHIBIT B L, CITY OF MORRO BAY ARTICLE XIII B (Proposition 4 & Proposition 111) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1992-93 TABLE OF CONTENTS I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION • AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR ..................................... 1 II . STATEMENT OF PERTINENT FACTORS ......................... 1 III. REVENUE CLASSIFICATION SCHEDULE ........................ 3 IV. COST ANALYSIS FOR FEE RELATED SERVICES .................. 5 V. CALCULATION OF THE LIMITATION .......................... 6 EMM3 • CITY OF MORRO BAY ARTICLE XI 1 B (Proposition 4 and Proposition 111) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1992-93 I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR The pertinent accounts and records of the City of Morro Bay were examined and, as a result, it has been determined that according to generally accepted requirements the City of Morro Bay's appropriation limit for the 1992-93 fiscal year as provided for in Article XIII B of the • Constitution of the State of California as implemented by Chapter 1205, Statutes of 1980, is $8,306,910. It has been determined that of the City's 1992-93 budgeted appropriations, contingency and provision for reserves of $8,562,343, the amount of $4,578,626 is subject to the limitation and is therefore $3,983,717 under the limitation. I I . STATEMENT OF PERTINENT FACTORS Article XIII B (Proposition 4) which was approved by the California electorate November 6, 1979 primarily places a limit on the annual increase in spending of a local agency. The limitation fundamentally controls spending which results from tax revenue resource and any excess of revenue over cost reasonably borne for regulatory licenses, user charges, and user fees in providing regulation, product or service and the investment of tax revenue. Article XIII B became effective July 1, 1980, the first day of the fiscal year following its adoption. Proposition 111, approved in June 1990, makes adjustments in the calculation and is incorporated herein. -1- In developing the spending limitation the following documents were analyzed and applied where appropriate: • 1. Article XIII B, Chapter 1205 of the California State Constitution. 2. Senate Bill No. 1354 which provides for the implementation of Article XIII B by defining various terms used in the Article and by prescribing procedures to be used in implementing specific provisions of the Article. 3. Uniform Guidelines for the Implementation of Article XIII B prepared by the League of California Cities. (1980 & 1991 publications). 4. Proposition 4 Procedures Guidelines prepared by the County Accounting Standards and Procedures Committee. There are no material jurisdictional, policy or organizational changes which would warrant adjustments to the City's limitation pursuant to Section 3 of the Article. Improvement District No. 6 was not included in the base year since they are used exclusively for debt service. • The City's limitation has been calculated by using the following funds in their aggregate amounts: (a) General (f) Gas tax (b) Harbor (g) Traffic safety (c) Sanitation (h) Revenue sharing (d) Water (i) Insurance fund (e) Park fee (internal service) The local transportation account is considered to be an "enterprise fund" as such is excluded. There was no specific appropriation providing for a General Fund contribution in fiscal year 1978-79, the base year. Revenues from fees and charges were compared to the specific cost of providing that service in order to determine the extent the revenues are considered "proceeds of taxes". There were no identifiable mandated costs for Worker's Compensation Insurance in the base year 1978-79. • -2- • The only mandated cost which could be specifically identified in the accounting records was $1,239 for unemployment insurance benefits paid in the base year. The City considers unemployment insurance as a federal mandate and has adjusted the limitation accordingly. A use allowance was applied for the City's buildings, structures and equipment based upon the sound value; which value was determined by the Industrial Appraisal Company. The City recognizes and reserves the right to adjust or change considerations or amounts contained in this document as changes in generally accepted requirements may dictate. III . REVENUE CLASSIFICATION SCHEDULE A. 1978-79 Base Year Revenue Source Proceeds Nonnroceeds Property Taxes $ 355,544 Other Taxes 746,850 • Licenses, Permits and Franchises $ 39,206 Fines, Forfeits and Penalties 28,700 Revenue from Use of Money and Property 106,047 12,653 Aid from Other Governmental Agencies 308,776 320 Charges for Current Services 419,802 Other Revenue or Funds Available 12,248 1,462 Special Gasoline Tax 89,017 Harbor Revenue 207,000 Federal Revenue Sharing 146,915 Fund Balance 1.427.911 1,039,109 TOTAL $3.046.393 $1,895.167 The total of the 1978-79 proceeds of taxes when increased by the cost -of - living and population factors is the appropriation limitation. IMM CIT1' OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1992-93 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes $ 3,349,000 Licenses and Permits $ 173,800 Fines and Forfeits 20,500 Intergovernmental 350,100 Charges for Services 252,500 Use of Money & Property 181,341 34,659 Other Revenue 44,200 Total General Fund $ 3,880,441 $ 525,659 Special Revenue Funds Gas Tax Fund $ 116,300 Traffic Safety Water Fund $ 1,769,500 Sewer Fund 920,000 Harbor Fund 719,000 Total Special Revenue Fund $ 116,300 $ 3,408,500 Capital Project Funds Park Fee $ 5,500 Water Capital 35,000 Sewer Capital 75,000 Total Capital Projects $ 115,500 Enterprise Funds - Transit $ 195,936 TOTAL $ 3,996,741 $ 4,245,595 Add: Fund Balance -Beginning 581,885 618,115 GRAND TOTAL $ 4,578,626 $ 4,863,710 NOTE: In order to complete the process of determining the proceeds of taxes, Proposition 4 provides that regulatory licenses, user charges, and user fees be considered proceeds of taxes to the extent that such charges and fees exceed the costs reasonably borne by each entity in providing the regulation, product or service. As a step in the development of the City's base year statement, the revenues from regulatory licenses, user charges • �J -4- and user fees were scheduled and related costs reasonably borne were • compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. The workpapers for the base year document contain detailed schedules showing the revenue and cost comparisons. The total of the 1992-93 adjusted proceeds of taxes are subject to the appropriation limit; the nonproceeds are not. Whereas the estimated or budgeted amounts are useful for planning purposes, it is the actual appropriations made throughout the year which, if they exceed the limitation, must be returned to the taxpayer. This has been reviewed for the 1990-91 fiscal year, and showed the City was $2,472,987 under the limit. The results of the 1991-92 year should be well under the limit as well, and will be reviewed after the year-end audit. IV. COST ANALYSIS FOR FEE RELATED SERVICES Article XIII B provides that proceeds of taxes which are subject to the growth limitations include revenues from regulatory licenses, user charges, and user fees to the extent that those revenues exceed the costs reasonably borne by the City in providing the regulations, product or service. Staff completes a cost study annually in the preparation of the • Master Fee Schedule to ensure that fees do not exceed cost Included in the costs reasonably borne are direct departmental expenditures and indirect costs allowable. Included in the indirect costs is a "use allowance: for buildings and equipment. The allowance is 2 percent of building cost per year (50 year life) and 6 percent of equipment cost per year (16 year life). V. CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts provided by the State Department of Finance. -5- V. CALCULATION OF THE LIMITATION • THE COST -OF LIVING AND POPULATION FACTORS USED BELOW WERE CALCULATED FROM AMOUNTS PROVIDED BY THE STATE DEPARTMENT OF FINANCE. CITY OF MORRO BAY- PROP 111 WORKSHEET- PRICE & POPULATION DATA 78/79 79/80 80/81 81/82 82/83 83/84 84/85 85/86 86/87 87/88 88/89 89/90 90/91 91/92 92/93 CPI CPCI CONST CITY POP COUNTY LIMIT CHANGE CHANGE GROWTH * GROWTH ------PRICE MEASUREMENT---- * ---POPULATION MEASUREMENT-- * * 3046393 1.1017 * 1.0138 3402527 1.1053 * 1.0026 3770591 1.0912 * 1.0139 4171660 1.0679 * 1.0204 4545796 1.0235 * 1.0181 4736835 1.0474 * 1.0175 5048185 1.0374 * 1.0162 5321826 1.0230 * 1.0412 5668530 1.0304 * 1.0293 6011990 1.0393 * 1.0383 6487507 1.0498 * 1.0392 7.077560 1.0421 * 1.0459 7714062 1.0414 * 1.0304 8277641 0.9936 * 1.0100 8306910 • • -6- . RESOLUTION NO. 74-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A RECREATION SERVICES PRICING POLICY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has reviewed the existing pricing and fee setting policies for the City established in 1980; and, WHEREAS, the Recreation and Parks Commission in conjunction with staff has developed a new recreation services pricing policy; and, WHEREAS, the City Council has reviewed the policy which will be an annual part of the City's budget adoption. NOW, THEREFORE, BE IT RESOLVED, the Recreation Services Pricing Policy and the 1992-93 F.Y. Cost Recovery Categories for Recreation Service attached hereto and marked Exhibit "A" are approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 22th day of June, 1992 by the following roll call vote: • AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AA H DAVIS CITY CLERK c/w/admin/res74-92 • • EXHIBIT "All RECREATION AND PARKS DEPARTMENT CITY OF MORRO BAY RECREATION SERVICES FEE PRICING POLICY PURPOSE OF FEES Fee and charges for recreation services are charged for four (4) primary reasons. First, the need to provide services without increasing taxes is self-evident and generally supported City-wide. Second, the charging of fees promotes equity in that those who benefit from a recreation service pay for the service and users from outside the community pay more for the same services. Third, the charging of fees increases accountability so precious government financial resources are not squandered by a few members of the public. Fourth and finally, the charging of fees generally provides for a positive attitude on the part of users due to enhanced respect and esteem for the usefulness of the service. REVENUE OBJECTIVE In establishing the recreation services pricing policy the City recognizes the need to continue producing revenue from recreation • services that meet the traditionally attainable goal of 75% cost recovery from all recreation budget units for General Fund reimbursement. The City, in adopting this policy, establishes an overall 75% cost recovery rate to the General Fund for recreation budget units. FEE/PRICING DEFINITIONS For the purposes of establishing a method to determine fees and establishing prices for recreation services, definitions of the components of the price -setting formula are required. Direct Expense - Those expenses which can be attributed directly to the provision of a specific recreation program including but not limited to the cost of labor (with benefits) services, utilities, training, rentals and supplies. Direct expenses include promotional expenses, receipt processing, staffing and other costs associated with offering the activity. Indirect Expense - Those expenses identified as part of the costs attributed to the provision of, or in support of a group of recreation services which vary with the number of participants. Costs include primarily labor (benefits) for supervision, observation, and conducting activities. Examples of these expenses include promotional design, information and referral, supervision and other expenses of this type. • • RECREATION SERVICES FEE PRICING POLICY PAGE 2 Overhead Expenses - Those expenses necessary in the provision of recreation services which do not vary with the number of participants and are of such a nature that the amount cannot be determined readily for each recreation services or group of services including, but not limited to office utilities, management costs, office supplies, etc. These cost expenses include such items as payroll, personnel, administrative and legal services of the City. DETERMINING COST OF SERVICES The process for determining costs of services shall require the calculation of direct expenses and indirect expenses based on the previous definitions. Direct Expenses - Shall be clearly identified and listed as such when the cost of these services is calculated. Hourly rate of employees shall include all fringe benefits as established by the City's Finance Department. However, overhead charges shall not be included in hourly rates used for employees. Indirect Expenses - Shall be established by completion of a time allocation study by Recreation and Parks personnel every • year. The results of the time allocation study will be used to calculate cost allocations based on the hourly rate with fringe benefits of employees as established by the Finance Department. Time allocations shall allocate only time spent by employees in servicing recreation activity participants or necessary to the provision of the activity. overhead Expenses - Shall not be calculated as part of the cost of a recreation service for the cost recovery categories of Private Services, Merit Services, Enhanced Services and Basic Services. Overhead and capital costs may be recovered from Enterprise Services. COST RECOVERY/SUBSIDIZATION RATE The City shall annually review the City's recreation offerrings and determine which of the following general cost recovery rate categories each group of programs falls under. The City Council shall make this determination after consultation with, and recommendation by the Recreation and Parks Commission. Enterprise Services - High demand service where fees are easily charged for highly -individualized and specialized services. Capital and overhead costs may also be recovered in this cost recovery category. Cost Recovery Rate: 100% including . overhead and capital costs. L RECREATION SERVICES FEE PRICING POLICY PAGE 3 Private Services - These services largely benefit individual adults and those who do not participate derive no direct benefit. A sense of accomplishment and recognition are provided. Cost Recovery Rate: 80-100% Merit Services - Generally programs that are educational promote personal development and/or health of area youth and adult teams. Wide -spread participation or a desire to participate exists. Cost Recovery Rate: 60-75% Enhanced Services - Programs that provide a sense of belonging to the community, benefit the community as a whole and typically serve special groups such as seniors, disabled, youth -at -risk, low-income. Cost Recovery Rate: 25-50% Basic Services - Determined as an essential service to the community and difficult to establish individual costs, these services increase the attractiveness of the City as a place to live or bring the community together for an event or activity to establish a sense of community. These programs may also serve as the basis for tourism promotion. Cost Recovery Rate: 0-10% FEE ESTABLISHMENT • Upon adoption of the City's annual budget, each activity shall be grouped into a cost recovery rate category. City staff then determines the actual cost for the activity/service. The cost recovery rate for the activity and the exact fee will be determined after completion of an area fee review. The area fee review requires staff to make a survey of fees charged by other non-profit and profit -making agencies in the area for review and comparison with City activity costs. Upon completing the area fee review City staff shall establish fees for each activity that best meet the market conditions for this service within the cost recovery rate percentage range approved by City Council. REVENUE OBJECTIVE In establishing the recreation services pricing policy the City recognizes the need to continue producing revenue from recreation services that meet the traditionally attainable goal of 75% cost recovery for all recreation budget unit costs. The City in adopting this policy estabishes an overall 75% cost recovery rate for recreation budget units. c/u/admin/feepolcy E CITY OF MORRO BAY PRODUCTIVE HOURLY RATES F/Y/ 91-92 GROSS HOURLY HOURLY TOTAL W/O JOB CLASS' WAGE OVERHEAD FRINGE TOTAL OVERHEAD RECREATION DIRECTOR 28.31 34.54 7.93 70.78 36.24 CUSTODIAN 13.75 16.78 3.85 34.38 17.60 FACILITY COORD. 18.04 22.01 5.05 45.10 23.09 'FACILITY MAINT. WKR. 17.03 20.78 4.77• 42.58 21.80 MAINT. LBADWORKER 18.04 22.01 5.05 45.10 23.09 MAINT. WORKER I 14.39 17.56 4.03 35.98 18.42 MA*. WORKER II 16.04 19.57 4'.49 40.10 20.53 MAINT. WORKER III 17.03. 20.78 4.77 42.58 21.80 OFFICE ASST. II 13.40 16.35 3.75 33.50 17.15 OFFICE ASST. III 14.16 17.28 3.96 35.40 18.12 COORDINATOR 14.82 18.08 4.15 37.05 18.97 SENIOR CUSTODIAN 16.04 19.57 4.49 40.10 20.53 AIDE 5.32 6.49 0.34 12.15 5.66 LEADER I 5.58 6.81 0.35 12.74 5.93 STAFF ASST. 7.27 8.87 0.46 16.60 7.73 SPORTS OFFICIAL 6.82 8.32 0.43 15.57 7.25 SR. SPORTS OFFICIAL 16.00 19.52 1.01 36.53 17.01 LIFEGUARD 6.62 8.08 0.42 15.11 7.03 SPECIALIST 8.19 9.99 0.52 18.70 8.71 • 3,01 aaN A�l'1 0ar-10 mtym N a U) H • m \m' •9 N 0lDm%0 n N 01HO a a0ri001a 11N N O 1O `UP4 Pi PV N O ri N N to K 'i H m a U nN ia[nDoan nn amv Hx m NOOmaNr-IH0 0OIC'1 �Dntnaln to In D%Hi•)N aN •Nc4 c4 . . .ri U nrai mco 0%0M -T A R'iOl E n U m z 0 H H n Q NNC7m�DNNn mCN m a m a O a OONaa0000n0100mt0 Ntn Nnin0 U U p; .Lo .� °a a°o 4 r • U � H H a 0 H U ai N 1f1 %D W O In N O ri HA N C C C O O O �1» U UUU O U 4) A) ))U UU 10.) S40 Ua�l •r1 •r1 •ri .,.1 -r1 •.i r; 1= �! -A 'O 'd •A -ri a) 4J 0 rq 3J • 4 >_ H 4.1 04�4-)rj 1 4 r4 )+ 44J ri H l)i)AH C Ca1 0 C1) 0 H W rf P i4 Pa G A.•r1 •.i -.i Si -ri -H )a W O .0 C) C fO 0 m li •,i W a P.E+P.P4404CL 4EOEOMPiUU W W U04W 0404E-1 W a4LO 0 O A a) lJ JJ W Ia •.i 7 r1 41 z >, iT O ? 1; 1~ a 0 4 W b C h N N tx .14 to W W W W 04 U� -r�i R7 to 7 N a r-{ H —4 4J4.) 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JJ W 0 U C M ro R 3 U RECREATION AND PARRS CITY OF MORRO BAY 1992-93 F.Y. COST RECOVERY CATEGORIES FOR RECREATION SERVICES ACTIVITY Youth Sports League Adult Sports League Contract Instruction Swim Lessons Informal Aquatics Kid's Club Kindercare Excursions - Trips . Clubs Triathlon Co -Sponsored Events/Special Events Running Events Softball Tournament Recreational Swim Approved: Resolution No.74-92 • c/w/admin/cstrcvey CATEGORY Merit Service Merit Service Private Service Private Service Enhanced Service Merit Service Merit Service Private Service Enhanced Service Private Service Basic Service Private Service Merit Service Enhanced Service • RESOLUTION NO. 73-92 RESOLUTION APPROVING A TWENTY (20) YEAR EXTENSION OF LEASE SITE 124-127/124W-127W 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. 124-127/124W-127W and; WHEREAS, Sharon Moore is the lessee 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 repairs and 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 124-127/124W-127W until June 30, 2012. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of June, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None / ROSE MARIE SHEETZ, MAYQ ARDITH DAVIS, CITY CLERK n U . RESOLUTION NO. 72-92 RESOLUTION APPROVING A MONTH -TO -MONTH EXTENSION OF INTERIM NON- EXCLUSIVE CURBSIDE RECYCLING FRANCHISE AGREEMENT WITH MORRO BAY GARBAGE SERVICE FOR A PERIOD NOT TO EXCEED THREE ADDITIONAL MONTHS COMMENCING JULY 1, 1992 AND TERMINATING SEPTEMBER 30, 1992 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, hereinafter referred to as "City", entered into an interim non-exclusive franchise agreement with Morro Bay Garbage Service, hereinafter referred to as "Contractor", for Contractor to continue to provide curbside recycling services within City for the period January 1, 1992 through June 30, 1992 or upon completion of a Request for Proposals (RFP) process and related contract award for such services, whichever occurs first; and WHEREAS, it was not possible for City to complete said RFP process and related contract award prior to June 30, 1992 as planned; and WHEREAS, it is in the public interest to continue said curbside recycling services on a month -to -month basis pending the completion of said RFP process and related contract award for a period not to • exceed three additional months; and WHEREAS, said Agreement provides that City may extend the term of the Agreement; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to continue to provide said curbside recycling services; and WHEREAS, City desires to retain Contractor to continue to provide said curbside recycling services; and WHEREAS, Contractor desires to continue to provide said services to City during the term of the extension of said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Interim Non -Exclusive Curbside Recycling Franchise Agreement between City and Contractor dated December 9, 1991 is hereby extended as set forth in the Extension Agreement attached hereto and incorporated herein by reference. 2. The City Administrator is hereby authorized to sign said Extension Agreement. 14 RESOLUTION NO. 72-92 PAGE 2 •PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of June, 1992 by the following vote: AYES: Baker, Luna, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Mullen ATTEST: ity Clerk �a MCU/LC:SWMB9:72-92 • \J ORIGINAL EXTENSION AGREEMENT • CURBSIDE RECYCLING SERVICES This Agreement is entered into on the 22nd day of June, 1992 by and between the City of Morro Bay, a municipal corporation hereinafter referred to as "City", and Morro Bay Garbage Service, Inc., a California Corporation hereinafter referred to as "Contractor", for Contractor to continue to provide curbside recycling services within the incorporated limits of City, including collection, transport, removal, storage, and processing. W I T N E S S E T H WHEREAS, City and Contractor entered into an Interim Non - Exclusive Curbside Recycling Franchise Agreement, hereinafter referred to as "Interim Agreement", for Contractor to continue to provide curbside recycling services within City for the period January 1, 1992 through June 30, 1992 or upon completion of a Request for Proposals (RFP) process and related contract award for such services through December 31, 1996, whichever occurs first; and WHEREAS, it was not possible for City to complete said RFP process and related contract award prior to June 30, 1992 as planned; and WHEREAS, City and Contractor desire to extend said Interim • Agreement for said services as allowed pursuant to Section 2 therein. NOW, THEREFORE, the parties agree as follows: 1. Term of Agreement: Section 2 of that certain Interim Agreement between City and Contractor dated December 9, 1991 is hereby amended to extend the term of said Agreement on a month -to -month basis for a period not to exceed three (3) additional months commencing July 1, 1992 and terminating September 30, 1992 or upon completion of a RFP process and related contract award to operate a City-wide curbside recycling program through December 31, 1996, whichever occurs first. Franchise Fee: Section 13 of said Interim Agreement is hereby amended to establish the franchise fee Contractor pays to City in an amount equal to six (6) percent of all gross revenues collected by Contractor for all curbside recycling business conducted by Contractor within City during the extended term of said Interim Agreement as set forth in Section 1 hereinabove. 3. Other Terms and Conditions: All other terms and conditions as set forth in said Interim Agreement shall continue in effect during the extended term of said Interim Agreement as set forth in Section 1 hereinabove, except as otherwise provided herein. EXTENSION AGREEMENT PAGE 2 .IN WITNESS WHEREOF, the parties hereto have caused this, Agreement to be duly executed on this 22nd day of June, 1992. ATTEST ARDITH DAVIS, City Clerk MCU/LC:SWMB9:X • 40 MORRO BAY GARBAGE SERVICE -69ARLES CATTANEO, President CITY OF MORRO BAY rr •tC��M•:G %���!r'• � • RESOLUTION NO. 71-92 RESOLUTION SUPPORTING H.R. 3821-SOUTHERN CALIFORNIA COMPREHENSIVE WATER REUSE SYSTEM, AS AMENDED 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 has identified wastewater reclamation as a long-term supplemental water supply option for the citizens of Morro Bay; and WHEREAS, it is questionable as to whether the citizens of Morro Bay can afford the cost of wastewater reclamation without substantial financial assistance; and WHEREAS, Congressman Packard of California has sponsored a bill, referred to as H.R. 3821 which, as proposed for amendment, provides a vehicle through which wastewater reclamation may be pursued in the Morro Bay area with Federal financial assistance; and WHEREAS, it is in the best interest of the citizens of the City of Morro Bay and adjacent areas that wastewater reclamation be pursued. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that strong support for H.R. 3821, as amended to include San Luis Obispo County is hereby expressed; and BE IT FURTHER RESOLVED, that the Mayor be authorized to communicate this support to appropriate legislative representatives. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City -Clerk WTB/LC:WTB92-1:71-92 "// fle V i ROS MARIE SffEETZ, Mayov RESOLUTION NO. 70-92 • ASSIGNMENT AND ASSUMPTION OF LEASE SITE 90/90W FROM MRS. EDNA EDDY TO SOPHIE HILL AND JOANNE SHIFLETT AND ADDITION OF SEAFOOD CAFE AND RETAIL SALES AS APPROVED USES PENDING PAYMENT OF PAST DUE RENT AND RECEIPT AND APPROVAL OF ASSIGNMENT DOCUMENTS THE CITY COUNCIL 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 90-90W, and; WHEREAS, Edna Eddy is the current lessee of said Lease Site and Mrs. Eddy has requested approval of assignment of the lease agreement for Lease Site 90/90W to Sophie Hill and Joanne Shiflett for operation of a seafood cafe and gift shop business, and; WHEREAS, Mrs. Eddy currently owes the City past due rent, penalties and interest in the amount of $24,285.79 and Mrs. Eddy has agreed to pay said amount in full upon close of escrow for sale of the Lease Site, and; WHEREAS, the current lessee and proposed new lessee cannot provide the City with properly executed assignment documents transferring the lease until completion of escrow and since escrow is contingent on City approval of the assignment, the City must take some action on the proposed assignment prior to close of escrow. •NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that consent and approval is hereby given for assignment of the lease for Lease Site 90/90W to Sophie Hill and Joanne Shiflett subject to the payment of $24,285.79 no later than June 30, 1992, and subject to the City Attorney receipt and approval of the assignment documents in a format acceptable to the City by June 30, 1992. Failure to submit payment in full as outlined above or to provide the City with properly executed and approved assignment documents by June 30, 1992 shall nullify and void this Resolution in which case the City shall take all legal action to pursue collection of past due rents from the current lessee including action for termination of the lease agreement BE IT FURTHER RESOLVED, the City does hereby amend the lease for Lease Site 9019OW to allow the operation and use of the site for a seafood cafe and gift shop. However, this in no way shall act to preempt or preclude any actions or any permits and approvals which are required by the planning and review process of the City including, but not limited to: a Conditional Use Permit, a Coastal Permit and a building permit PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wur: NOES: None ABSENT: None a�� df'z� ARDITH DAVIS, CITY CLERK • RESOLUTION NO _ 69-92 A RESOLUTION AMENDING CERTAIN RULES OF PROCEDURE GOVERNING THE CONDUCT OF BUSINESS AT CITY COUNCIL MEETINGS THE CITY COUNCIL City of Morro Bay, California WHEREAS, by Resolution No. 01-89 adopted on 09 January 1989, the City Council of Morro Bay did establish the order of business at City Council meetings and set certain rules of procedure governing public comments and councilmember abstentions; and WHEREAS, despite reasonable efforts to conduct the public's business within the evening meeting hours designated for such purposes, it is not unusual for the City Council and the public to be addressing and deliberating upon matters of important City business well beyond five (S) and six (6) hours of meeting time; and WHEREAS, it has been found the degree and effectiveness of public participation and governing body decision making are understandably affected when City Council meetings go beyond 11:00 p.m.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the above recitations are true and correct and constitute the findings of the . City Council in this matter; and BE IT FURTHER RESOLVED that Section 2, Order of Business, of City Resolution No. 01-89 is hereby amended to add the following provision at the end of Section 2: All City Council meetings are to adjourn at I1:00 p.m., for continuation of agendized City business at another specified date and time, except when the City Council meeting is extended by an affirmative majority vote of the City Council present at said meeting. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the vthday of June, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None Q11(1fA/X/'1f/RSV1141EE'6Z', Maku ATTEST: AR 1TH DAVIS, City Clerk • CITY COUNCIL RESOLUTION NO. 68-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO A CONCEPT PLAN FOR A SHOPPING CENTER (WILLIAMS MORRO BAY CREEKSIDE CENTER) TO BE LOCATED ON PROPERTY LOCATED EAST OF STATE HIGHWAY ONE, AT THE EASTERLY TERMINUS OF MORRO BAY BOULEVARD, IN THE C-1/VS-C/S.4/PD ZONE, SUBJECT TO CONDITIONS AND APPROVING A FINAL ENVIRONMENTAL IMPACT ADDENDUM REPORT FOR THE PROJECT CASE NO. CUP 03-88 (CONCEPT PLAN) MAJOR AMENDMENT WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 6th day of April, the 20th day of April, the 4th day of May and the 18th day of May 1992, held duly noticed PUBLIC HEARINGS to consider the request of TRI W Enterprises, Inc. (formerly Williams Bros. Markets, Inc.), for an amendment to Conditional Use Permit (Concept Plan) to allow a shopping center (Williams Morro Bay Creekside Center) on approximately 13 acres of a portion of a 177+ acre parcel generally located east of Highway One at the end of Morro Say Boulevard; and WHEREAS, the Planning Commission, on May 18, 1992 concluded its deliberation on the application and recommended unanimously conditional approval of the EIR Addendum and the major modification; and • WHEREAS, the City Council of the City of Morro Bay, California, on the 8th day of June 1992, held a duly noticed PUBLIC HEARING to consider the EIR Addendum and the Major Modification request; and WHEREAS, the approximate 19 acre site is currently zoned C-1/VS- C/S.4/PD with proposed zone changes of the 13 acre shopping center and the agriculture buffer, central creek and open space area to C-1 (S.4/PD) pursuant to Ordinance 415 adopted by the City Council pursuant to Measure H. Both the current zoning and the proposed C-1 (S.4/PD) zone allow shopping center commercial uses subject to the review and approval of a Conditional Use Permit Concept Plan and Precise Plan pursuant to Chapter 17.36 of the Zoning Ordinance, and a Coastal Development Permit; and WHEREAS, the State Coastal Commission has approved a Coastal Development Permit (on appeal) for a shopping center concept plan essentially the same as the proposed by the applicant for the Conditional Use Permit modification; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that an initial study found that the project could result in significant impacts on the environment and, therefore, an Environmental Impact Report (EIR) and subsequent Addendum was prepared for the proposal; and • WHEREAS, at said PUBLIC HEARING, after considering the staff •reports, analysis, both written and oral, the final Environmental Impact Report and subsequent Addendum, including comments provided by State agencies, and the testimony of all persons wishing to testify, the City Council makes the following findings: 1. That the amended subject project as proposed could cause significant environmental impacts, as identified in the final EIR and Addendum related to traffic, visual resources as a result of grading and alterations of land forms, deterioration of the downtown and other existing commercial areas and drainage; but, that these can be reduced to less than significant levels by mitigations which are incorporated into the recommended conditions. The amended project is smaller than the original approved project and incorporates less grading, less land from changes and less traffic impacts. 2. That the final EIR concludes that certain unavoidable significant adverse impacts may result from the project (specifically, growth inducing impacts on adjacent agricultural lands). Said uses will require a subsequent General Plan, Local Coastal Plan and Zone Change. 3. That the project will alter a small valley and hilly terrain visible from Highway One in the area noted as scenic in the Local Coastal Program (LCP) and General Plan; and, that to help mitigate • these visual impacts and to further protect the scenic quality of this area, an easement to protect other scenic portions of the subject parcel, within the City limits, is a reasonable condition. 4. That the project will likely have some detrimental impact on the downtown and other existing commercial districts; that this impact is primarily economic but secondarily physical and visual, as buildings may become vacant, existing vacant lots in the downtown may remain underutilized and as marginal businesses, which may have difficulty maintaining their buildings and grounds, replacing exiting businesses which move; that the General Plan and LCP encourage the continued economic vitality of these existing areas, particularly downtown; and that, therefore, participation in the formation of a Business Improvement Area (BIA) for the downtown and participation in funding transit service between the center and other areas of the downtown are reasonable and necessary to find the project consistent with the LCP and General Plan. 5. That the project will likely impact fire and other service capabilities in the City and that, therefore, a fee to be used for needed equipment and facilities is a reasonable and necessary mitigation; said fee shall be placed in an account for that purpose and shall be used for the purchase of equipment and construction of facilities consistent with the pro-rata share pursuant to the AB 1600 study to be approved by the City Council. • 6. That the project will impact the City's circulation, water , sewer • and storm drainage systems and that in order to mitigate said impacts certain facilities must be installed to serve the project and certain fees are required to assist in the design and construction of other needed facilities. 7. That, subject to the conditions recommended herein, the project will not be detrimental to the health, safety, comfort and general welfare of persons residing or working in the vicinity of the project and that the project will not be injurious or detrimental to property and improvements in the vicinity nor to the general welfare of the City. 8. That the project is consistent with the General Plan and the LCP and that specifically the visual impact on the terrain has been minimized to the extent necessary to allow a feasible project of this nature on this site. 9. That these findings are based on the City Council's consideration of the final EIR addendum attached hereto, staff reports, application materials, comments by the public and the applicant, and oral presentation of staff members. 10. That the EIR Addendum to the Final EIR does conform with the California Environmental quality act and does adequately discuss potential environmental impacts and project alternatives, including • alternative sites; that alternative projects, or sites, are not feasible for this type of facility which is desire by the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter; and, 2. That the City Council does hereby, approve the EIR Addendum for the project; and 3. That the City Council does hereby approve a major modification to Conditional Use Permit Concept Plan (Case No. CUP 03-88) including Exhibits, subject to the conditions and modifications attached hereto and made a part hereof and labeled Attachment A, and based on the above -listed findings. 11 PASSED AND ADOPTED by the City Council of the City of Morro Bay at •a regular meeting held thereof on the 17th day of June , 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk • • ROSt MARIE EETZ, MIqor CONDITIONS OF APPROVAL CASE NO. CUP 03-88 (Concept Plan)/CDP 05-88R MAJOR AMENDMENT A. STANDARD CONDITIONS 1. This Amendment to a Conditional Use Permit (Concept Plan) and Coastal Development Permit is granted for the land described in the application and any attachments thereto, and as shown on the attached exhibits, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Precise Plan Within One Year: Unless the Precise Plan is submitted not later than one (1) year after the approval of this amended Concept Plan, 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 Planning Commission, 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: 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 E� CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 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. B. BUILDING & SITE CONDITIONS 1. Location of Improvements• The entire project including all roads, structures, and grading, including cut slopes, shall be located within the portion of the parcel designated C-1/VS- C/S.4/PD or within the C-1/S.4/PD and OA-1 areas that result from final certification of the LCP as amended February 1991 (Measure H). No portion of the project shall be permitted outside of the said areas with the following exceptions: a. Any required off -site utility improvements; b. Any required off -site drainage improvements; C. The required public utility/emergency access road; d. Access roads and bridges; is e. Temporary stockpiling of materials and contractor's staging area. This area shall be restored to its natural condition upon completion of construction. 2. Precise Plan General Requirements• The required Precise Plan submittal shall include a proposed architectural program, including architectural elevations, building heights, colors, materials, signage and lighting. All lighting shall be designed to minimize glare and to avoid light pollution. These programs shall be consistent with the following guidelines specified in the EIR and the EIR Addendum. The precise plan shall include building elevations of all sides of proposed structures. The architecture shall be compatible with existing small seaport village character of many existing buildings in Morro Bay. Passive outdoor public use and pedestrian areas shall be shown. To the extent feasible, roof forms should be sloped (hip, gable or shed) rather than flat. Also, building design should be a variation of a larger theme rather than homogenized into one large complex and long unarticulated wall spaces should be avoided. Surface treatment, door and window openings, materials, walls and building heights shall be varied. Arcade walkways should be provided where appropriate. Building heights should range from 17 to 30 feet above the finished grade. 3. Dedication of Open Space Easement• Prior to issuance of the • building permit, the applicant shall dedicate an easement on a portion of the remainder of the parcel, outside the commercially • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council zoned area and within the City limits, for the protection of visual resources. Said easement shall run with the land and shall be granted in favor of the public. Said easement shall conform with the policies of GPA/LCP 02-91 as adopted by City Council. Said easement shall be subject to approval by the Community Development Director and the City Attorney. 4. 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. 5. Underground of Utilities• All on -site utilities including electrical, telephone and cable television shall be installed underground. 6. Screening of Equipment: The Precise Plan shall indicate measure indicating methods how all roof -mounted air conditioning, or heating equipment, vents or ducts will be screened from view in a manner approved by the Planning Commission. 7. Screening of Trash Storage• The Precise Plan shall indicate the design of all trash enclosures which 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. 8. Grading -General: Prior to issuance of any permits to grade the site, the applicant shall submit a comprehensive and detailed grading plan for review and approval. No permits to grade will be issued before a phasing plan for building permits and grading have been approved as part of the Precise Plan. An option to provide bonding of 150% (cost of construction) to return to natural condtion could be required. The grading plan shall incorporate the following information: a. The final Grading Plan shall indicate no grading in the 8.2 acre open space easement area to the North, no grading east of the eastern edge of the project site except as necessary to resolve drainage problems as determined by the City Engineer and approved by the Director and the Dept. of Fish and Game, no grading south of the Morro Bay Boulevard extension except for limited grading at the bridge over the creek south a maximum of 100 feet from the improved roadway, no grading within the 10 foot creek corridor and no grading by equipment within the next 25 feet of the buffer. Within the project site, minor earth moving by hand -tools or placement of rocks within the stream or stream bank is • allowed. Provide a 150% (cost of construction) grading bond to ensure work completion. r3 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council b. No clearing shall occur during or extend into the rainy season, November 1 through March 30th. Any grading shall be preceded by an erosion control plan which would prevent any potential runoff which would enter any harbor, water way or ecologically sensitive area. Said plan shall be approved by the City Engineer and shall include any necessary bonds or other assurances. An erosion control plan shall address both temporary and final measures. Plans may be incorporated into and approved as part of a grading or drainage plan, but must be clearly identified as an erosion and sedimentation control plan. The plan shall be prepared by a registered Civil Engineer, Sediment and Erosion Control Specialist. The plan shall contain but need not be limited to all the following information: i. Proposed methods and a description of the practices to be used to protect exposed erodible areas during construction, including temporary mulching, seeding or other recognized surface stabilization measures. . ii. Proposed temporary and final methods and description of the practices to be used at the top of cut or fill slopes to prevent erosive surface runoff, including earth or paved interceptors and diversions, energy absorbing structures, or devices and techniques to reduce the velocity of runoff water. iii. Proposed methods, application technique seed and fertilizer rate, dates and description of final erosion control practices for revegetation of all surfaces disturbed by vegetation removal, grading, haul roads, or other construction activity, unless covered with impervious or other improved surfaces authorized by approved plans. A schedule for maintenance and upkeep of revegetated areas shall be included. Erosion control methods may include a combination of approved mechanical or vegetative measures, including those described in USDA Soil Conservation Service Bulletin 347. iv. The location of all the practices listed above shall be depicted on the grading plan, or on a separate plan at the discretion of the City Engineer. V. An estimate of the cost of implementing and maintaining • all erosion and sediment control practices. 4 • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council vi. Inspection of all erosion and sedimentation measures shall be conducted by a registered Civil Engineer, Sediment and Erosion Control Specialist. C. The applicant shall install sediment basins on the project site in conjunction with the initial grading operations. Prior to issuance of a building permit, applicant shall provide OSHA permit for cuts over five (5) feet in height. d. Sediment basins shall be in place prior to the commencement of the winter rainy season and shall be maintained until construction activity has ceased on the site. All sediment shall be retained on -site unless removed to an appropriate dumping location approved by the City consistent with the relevant policies of the Coastal Act and the Morro Bay Local Coastal Plan. e. All cut and fill slopes shall be stabilized immediately with temporary vegetation, seeding, mulching or other method approval by the City Engineer. f. That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind • blown earth problems shall be submitted to and approved by the City Engineer. g. Soils which are susceptible to erosion and which are disturbed during grading and development shall be stabilized with temporary vegetation, seeding, mulching or other method approved by the City Engineer. • h. Permanent drainage facilities shall be required to conduct surface water to storm drains or suitable water course to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil to surface conditions as a result of development. Said drainage devices shall be approved by the City Engineer. 9. Geotechnical Report: A geotechnical report, subject to the approval of the City Engineer, shall be submitted to establish criteria for slope stability, foundations for buildings and other improvements, appropriate fill compaction and engineering, and seismic safety requirements for all improvements. All recommendations of said report shall be followed in the design and construction of the project. All areas prone to slope failure during construction or grading shall be stabilized in a manner recommended in the geotechnical report. 61 F,IL CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 10. Employment, Population and Housing: Applicant shall develop an employee recruitment plan for distribution to all tenants to be submitted to and approved by the Community Development Director which will encourage the recruitment of residents already living in the Morro Bay -Los Osos and Cayucos areas. 11. Energy Use and Conservation: Applicant shall design and construct the project to incorporate the architectural, electrical and passive solar mitigation measures to conserve energy consumption as detailed in the EIR. 12. Archaeoloav: In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall immediately cease within 100 meters of the find, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, as approved by the Community Development Department, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. Said approval shall be given within 72 hours after submittal of a qualified archaeologist name. All recommendations by the archaeologist shall be implemented by the applicant. The applicant shall be • liable for costs associated with the professional investigation. 13. Mitigation of Impacts to Downtown and Other Commercial Areas: In order to mitigate economic impacts on the downtown and other commercial areas in the City, the applicant shall: a. Prior to issuance of building permits, pay a fee of $15,000 to the City to be used to establish a Business Improvement District (BIA) or other purposes to mitigate the impacts on other businesses in the Community. The City will make appropriate arrangements with business groups in the community to initiate formation of a BIA, which will administer use and allocation of the $15,000 fee. b. Participate on a pro-rata basis with the City and/or other commercial interests in the establishment of tram, trolley, or other transit link between the project site, the downtown, Embarcadero and other commercial areas within two yeears of finished project. 14. Wildlife Enhancement: Wherever possible, landscaping shall use common local native plant species with value as wildlife habitat and located to include clusters of plants adjacent to undeveloped areas so as to increase the potential for wildlife use. 0 • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 15. Fish & Game Permit: Prior to issuance of a grading or building permit, the applicant shall obtain and provide evidence of a Streambed Alteration Agreement from the California Department of Fish and Game, or a letter indicating such agreement is not necessary, shall be obtained prior to the commencement of any construction activities. 16. Stream Restoration and Enhancement Program• As part of the Precise Plan, the applicants shall submit a final Stream Restoration and Enhancement Program for Willow Camp Creek Drainage, based on the Preliminary Plan approved with Coastal Development Permit A-4-MRB-89-134 approved July 17, 1991. The program shall be subject to the approval of the Community Development Director and the Department of Fish and Game. 17. Air ouality: Prior to issuance of any building or grading permits, the applicant shall submit a detailed air quality control plan to minimize the temporary impacts on air quality resulting from project grading and construction. This plan shall be reviewed and approved by the Community Development Director upon consultation with the Air Pollution Control District. At a minimum, the plan shall include methods to: • - Control dust during grading; Daily cleanup of dust and mud carried onto public streets by construction vehicles; Use of construction equipment with relatively lower levels of emissions, and operation standards to avoid prolonged idling when not in use; Obtain compliance with various performance standards recommended by the Air Quality Control District 18. Bicycles: Project design and facilities shall be designed to be consistent with the APCD County -wide air quality programs. The Precise Plan shall include provisions for employee showers and lockers at one or more locations to encourage use of bicycles. Weather proof, lockable bike boxes shall also be provided, along with bike racks at convenient locations for shoppers, to be approved by the Community Development Director. All roads which are a part of this project shall incorporate either Class 1 or Class 2 bikeways as part of the design. 19. Trip Reduction Plans: As part of the Precise Plan, applicant shall submit a trip reduction plan designed to achieve a 1.5 average vehicle ridership for employee commute trips. Said plan must describe the proposed incentives to be used to encourage • employee use of alternative transportation modes, and disincentives to discourage single occupant vehicle use. The 7 • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council plan may include such measures as bus passes subsidized by the center, orientation materials for all new employees regarding non -auto options and car pooling, discouraging parking by single occupant employee vehicles, cash incentives for pooling, etc. All tenants shall be required to adhere to the plan through formation and participation in a transportation management association and/or through the deed restrictions and/or lease provisions. Said plan should include a proposed walkway linking various parts of the project or other means so shoppers would not need to drive thus reducing trips within the project. Said plan shall be subject to the approval of the Community Development Director following consultation with the Air Pollution Control District and shall include a means to ensure periodic monitoring and enforcement. 20. Noise: Construction equipment containing internal combustion engines shall be adequately maintained and equipped with mufflers to minimize grading and construction noise. Construction operations shall meet the provisions of the MBMC regarding noise control, including but not limited to the limitations on the hours when construction may take place. 21. Precise Plan Requirements: In addition to all other • requirements of Chapter 17.36.070 of the MBMC, the required Precise Plan submittal shall include the following: a. Measures for the maintenance of the bridges and creek amenities; b. A detailed parking plan showing precise calculations based on expected types of uses and measures to provide a better transition between the parking lot and the creek; C. A detailed landscaping plan which shows the type, size, location of all plant materials, all "hardscape" features, planting technique, maintenance plan and irrigation methods. Use of drought tolerant and low-water use species should be emphasized in the plan; d. Designation of proposed uses, including square footage of building area and/or seating devoted to each use. e. The Precise Plan shall include pedestrian crossing in addition to bridges shown on concept plan. f. Phasing of project, including phasing of grading and building permits. g. Submittal of deed restrictions pursuant to CDP. 0 is CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 22. Water Allocation: No building permit or grading permit for this project shall be issued unless and until adequate water equivalencies are awarded pursuant to all applicable City ordinances and the approved Water Allocation Program or its future equivalent. 23. Mitigation Monitoring: As part of the Precise Plan, applicant shall include a program for monitoring the various mitigation measures which apply to the project included in the certified EIR with addendum and required by the Coastal Development Permit A-4- MRB-89-134 approved July 17, 1991, and these conditions. Said monitoring program shall be subject to review by the Community Development Director, the Coastal Commission and the Department of Fish and Game. Costs of implementing said monitoring program shall be the sole responsibility of the applicant. 24. Sign Program: The precise plan shall include a sign program for on -building signs and one freestanding sign of maximum 20 feet in height and 100 square feet in area. 25. Treatment of Crib Walls and Drainage Area: Applicant shall submit as part of the development plan the materials and landscape treatment of the crib walls and drainage areas. Such • treatment shall seek to minimize negative visual impacts to the maximum extent possible. Said walls shall be planted pursuant to the approve development plan with plants which will screen the view of the crib walls. 26. Precise Plan Deadline: Failure to provide in complete form all materials as addressed in these conditions by the schedule provided in Condition A-2 shall result in the automatic expiration of this permit. Said materials must be deemed complete by the Subdivision Review Board and no portion of the materials may be delayed except by the approval of the Planning Commission as a major modification of the Conditional Use Permit. 27. Eight Acre Open Space: If the rear 8.2 acre open space area is offered for dedication to the City or other public agency, an acceptable means of access shall be designated on the Precise Plan. Use of this area shall be limited to uses allowed under OA-1 Zone. C. LANDSCAPING CONDITIONS 1. Landscaping Conditions: Prior to issuance of a grading or building permit, a landscaping plan shall be required to include details on the number, size, location and type of species for all plant materials based upon the plan approved with the Precise Plan. 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 E • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 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. 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. 4. 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. 5. Off -site Tree Planting: Applicant shall plant a grove of Bishop Pine or similar trees along the base of the hill to effectively shield the public view southeast of the project. (See Figure 9 • in EIR addendum) 6. Perimeter Landscape Planting; As part of the development plan, a detailed landscape plan shall be submitted showing the perimeter of the project planted with trees and shrubs (as shown in concept in the applicants Landscape Plan). 7. Parking Lot Planting; Said plan should provide a visual/physical transition between the parking lot and the creek. Also, parking lot shall be landscaped with no less than shrubs and trees shown on Concept Plan to reduce the view of unrelieved asphalt and make the parking areas a pleasant place to be. 8. Cut and Fill Banks: These areas shall be revegetated with drought tolerant landscaping that is compatible with the area. Any cut or fill areas shall be rounded off to a minimum radius of five feet to blend with the natural terrain. 1. Off -Site Public Improvements: Prior to issuance of a grading or Building Permit, the applicant shall submit engineering drawings and cost estimates for all 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 for the roads and bridges specified in 10 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council L these conditions in the amount of $150% of the estimated construction cost prior to the issuance of a building permit. 2. Distribution of Costs for Public Improvements• a. Unless otherwise specified in these conditions, the applicant shall provide 100 percent of costs for the design and construction of on -site and off -site public improvements needed for this project. b. Other improvements, where indicated, shall be designed and constructed by the applicant with a portion of the costs attributable to other development or the City being reimbursed over time to the applicant. When reimbursements apply to any cost attributable to existing conditions, the developer shall construct at his cost all off -site improvements necessitated in part by the proposed project, and shall enter a reimbursement agreement with the City upon approval of the City Council and City Attorney through which the developer shall be reimbursed for the City's share of the cost of the improvements by a return of tax revenues generated by the project, as such revenues become available to the City, and for other future developments' share of the • cost as such funds are obtained by the City. Cost contributions assignable to the developer, other future projects and the City are as set forth below for each specific off -site improvement. C. The remaining costs related to project impacts on off -site public facilities addressed in the AB 1600 fee study (when adopted) shall be paid on the basis of the pro-rata fees to be established by the City Council. 3. Encroachment Permit• An Encroachment Permit issued by the Department of Public Works and/or Cal Trans as applicable is required for all work within the public right-of-way prior to issuance of a building permit or recordation of a final map. 4. Dedication and Construction: As set forth herein and below, the applicant shall obtain and dedicate all rights -of -way and shall construct all infrastructure improvements necessary to serve the proposed project at no cost to the City of Morro Bay, except as otherwise specifically provided by other conditions of approval herein. 5. resign Standards• All off -site improvements shall be designed and constructed in accordance with the provisions of all current City codes, policies, master plans, and standards. Engineering plans and cost estimates for all public improvements shall be • submitted to the City Engineer for review and must be approved by the City Engineer prior to construction. 11 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council All modifications and extensions of the City's traffic circulation system shall provide adequate provisions for vehicles, bicycles and pedestrians as recommended by the City's codes, plans, Circulation Element policies and standards and as may be required by the City Engineer. The engineering aspects of all street improvements, including intersection modifications, shall conform to the City Standard Drawings and Specifications regarding widths, lanes, sight distances, thicknesses, slopes, drainage, sidewalks, drive approaches, handicap ramps, street trees, bicycle lanes, street lighting, and all such other features deemed appropriate by the City Engineer. 6. Acceptance Required: All public improvements for this project shall be completed and accepted by the City of Morro Bay prior to issuance of a Certificate of Occupancy of the first on -site improvement or bonded for by the applicant. 7. Sidewalks and Street Trees Applicant shall construct 10 foot wide concrete sidewalks with associated tree wells and street trees across the entire shopping center project frontage in conjunction with the construction of the street improvements. Applicant shall construct 10 foot wide concrete sidewalks with • associated tree wells and street trees on both sides of all public streets leading to and from the project site. An option would be to locate street trees behind sidewalk in which case the sidewalk may be reduced to 8 feet. The applicant shall construct the Morro Bay Blvd bridge over Highway One and the structures over Willow Camp Creek including sidewalks connecting to sidewalks and crosswalks at the intersection of Morro Bay Blvd. and Quintana Road, in accordance with CalTrans standards and the plan indicated in Figure 8 of the EIR addendum. Applicant shall provide adequate lighting for all sidewalks and crosswalks. Handicap ramps shall be provided at all curb returns and crosswalks. Sidewalk landscaping, benches, and furniture shall be provided in accordance with the recommendations of the Circulation Element of the General Plan. Sidewalks on the Highway 1 bridge and the Willow Camp Creek overcrossing may be reduced to 8 feet in width. 8. Applicant shall construct improved Class II bicycle lanes on all public streets on the project site and leading to the proposed project from the Quintana/Morro Bay Blvd, intersection and including the Morro Bay Blvd, bridge over Highway One and the Morro Bay Blvd./Quintana Road intersection. Bicycle lanes shall be of adequate width and adequately lighted in accordance with the recommendations of the Circulation Element. 9. Frontage Road Improvements: The applicant shall design and • construct at his sole costs the road fronting on the shopping center site to arterial street standards and said street shall be 12 11 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council designed to accommodate future extensions to connect to South Bay Blvd. as required in the Circulation Element. Said connection of this road, including on -street bike lanes per the Circulation Element shall be indicated on the Precise Plan. This road shall be a minimum of 52 feet in width within a 72 foot right-of-way. On -street parking shall be prohibited. There shall be a minimum of two 14 foot travel lanes, one 12 foot turning lane and two 6 foot bicycle lanes. Said street shall be widened to provide for intersection improvements and additional turn lanes pursuant to Figure 8 in the EIR Addendum and shall be approved by the City Engineer. 10 Highway Bridge and Associated Intersection Improvements: The applicant shall design and construct the following street improvements with the exception of any improvements which are required to be constructed prior to the commencement of this project. Pursuant to Conditon D-2,b, the applicant may be later reimbursed for the bridge and the intersection improvements west of the Highway One based upon the evaluation of the pro-rata share of the contribution as approved by City Engineer. This share of costs may modify Table 7 in the EIR Addendum based upon an evaluation of the impacts of cumulative traffic on the bridge • and intersection: a. Widen the exiting bridge to four lanes -- on eastbound, one turning lane for left hand turns onto Quintana Road and left turns into the project area, two west bound lanes into the City of Morro Bay, a pedestrian and a two foot bicycle lanes. Total widening is estimated to be 26 feet on the south side of the existing structure. b. Reconfigure State Highway 1 northbound ramps to include two left turn lanes and a shared through -plus right -turn lane. • C. Reconfigure Southbound Road fronting shopping center to have one left -turn one through and a separate right turn lane southbound. d. Reconfigure Eastbound Morro Bay boulevard to contain separate left turn, through and right turn lane. e. Reconfigure Westbound Morro Bay Boulevard to contain separate left turn and a shared through plus right turn lane. f. All of these intersections and movements shall be controlled by coordinated traffic signals. 13 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council F1 LJ g. Install casings in the bridge to provide for future installation of water, sewer, electrical, telephone, television and other utilities. Size, number and location of casings shall be approved by the City Engineer. h. Relocate and provide new southbound Highway One on ramp with associated works pursuant to Figure 8. 11. Utilities and Emergency Road• Applicant shall construct a utilities emergency services road connecting the project site to the City street system north of the project site at no cost to the City. The road shall be at least 16 feet side with adequate drainage facilities. City -standard drive approaches and locked gates shall be constructed at both ends of the road and keys provided to the Fire and Police Departments. Ownership and maintenance responsibility for this road shall remain with the applicant. The alignment of the road shall be designed to minimize visibility and cutting and filling and shall be located outside the scenic easement to be established in the area. The City shall not accept any attempt to dedicate the road for public use unless the road and its connections to the City system are widened and improved to conform to the City Standard Drawings and Specifications unless for walkway or bikeway (44' side, concrete . curb, gutter and sidewalks, engineered pavement section, drainage facilities, etc.) at no cost to the City. The horizontal and vertical alignment and materials of said road shall be in accordance with the needs of emergency vehicles. Said alignment shall be such that it shall be designed to accommodate sewer, water and other underground facilities for maintenance and repair purposes. 12. Public Transit Stops and Stations• Applicant shall provide a loading/unloading area in the shopping center for the City's Dial -a -Ride (DAR) system as recommended in the Circulation Element. The loading area shall have sheltered benches for waiting passengers and a pay telephone to permit passengers to call DAR to schedule rides. In addition, a transit stop shall be provided including a loading area, handicap access, a shelter, and shall be connected by a sidewalk or pathway to the center. Location and design of these improvements which may be combined together in a single location shall be subject to the approval of the Community Development Director and City Engineer. 13. Recycling Center: The recycling center shall be placed at a convenient location within the project to permit easy access by the public and the Dial -a -Ride loading area. The recycling center shall be identified with conspicuous signage, designed to be complementary to the overall signage/architectural program. 14 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 14. Drainage System: Applicant shall design and construct and maintain a drainage system which adequately mitigates any negative downstream impacts created by the project. Applicant shall submit a detailed grading and drainage plan together with engineering calculations demonstrating the proposed on -site drainage facilities are capable of disposing of runoff from a 25-year storm. Said plan and calculations shall be subject to the review and approval of the City Engineer and in accordance with the Storm Drain Master Plan. Applicant shall prepare engineering studies and construct improvements to the existing drainage system at no cost to the City or any other entity unless otherwise indicated as follows: a. Caltrans Culvert beneath Highway one and west of Morro Bay Blvd. Applicant shall submit engineering calculations to demonstrate this culvert has sufficient capacity to handle project runoff from a 25-year storm under the ultimate development scenario. Applicant shall remove accumulated sediment from the existing culvert. The applicant shall implement all measures possible to discourage the future accumulation of sediment. . b. Downstream Caltrans culvert. Applicant shall prepare and submit an engineering drainage plan identifying potential flow capacity restrictions and proposing improvements to mitigate these restrictions. In the event that another project having major impacts on Willow Camp Creek occurs prior to the development of this project, preparation of said plans shall not be the sole responsibility of the applicants. Applicant shall pay a proportional share of the project. C. Existing box culvert. The applicant shall pay a fee corresponding to the project's proportional share of removal of the existing single box culvert in Willow Camp Creek by Main Street and replacing it with a double box culvert as described in the Storm Drain Master Plan. • d. Storm Runoff Flow Regulation: As an alternative to, or in conjunction with the measures delineated hereinabove the applicant may, at his option and subject to review and approval of the City Engineer, Department of Fish and Game and any and all other regulating agencies with permitting jurisdiction, design, construct and maintain one or more retention/detention basins to regulate the flow rate of storm runoff exiting the property to a rate at or below that which exists prior to this development 15 CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council Facilities installed pursuant to this alternative shall incorporate permanent silt/sediment reduction measures. 15. Water Distribution System• Applicant shall design and construct an extension of the municipal water system necessary to serve the proposed project at no cost to the City. The new facilities shall be designed and constructed in accordance with the City's Water System Master Plan in effect at the time building permits are issued. These facilities shall include all water mains, fire hydrants, booster pumps, valves and appurtenances required to provide the required customer service and fire flows. Water mains shall be looped and shall be sized per said Master Plan requirements, but shall be no smaller than 8" diameter. Applicant shall dedicate minimum 15-foot wide easements for water lines and appurtenances located outside the public right-of-way. Applicant shall submit estimates of fire flow demand for the proposed project to support the design criteria for the system. 16. Sewer Collection System: Applicant shall design and construct an extension of the municipal sewer collection system from the development to the nearest existing main of adequate capacity for the area to be served at no cost to the City. The new facilities • shall be designed and constructed in accordance with the City's Sewer System Master Plan and as directed and approved by the City Engineer. These facilities shall include all pipelines, lift station pumps, manholes, and appurtenances required to provide the required service. Sewer mains shall be sized per Master Plan requirements, but shall be no smaller than 8' diameter. Applicant shall dedicate minimum 15-foot wide easements for sewer mains and appurtenances located outside the public right-of-way. 17. Access to Water and Sewer System Easements• Where utility facilities are proposed for installation outside street rights - of -way, the applicant shall provide all weather access to sewer manholes, water valves and appurtenances for City maintenance vehicles and equipment at no cost to the City. 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. 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 as specified in Condition E-5. . 3. Clearing of Brush: All grass or brush adjacent to any structure on the project site shall be cleared prior to framing. 16 • CUP 03-88/CDP 05-88 Concept Plan Major Amendment - Conditions of Approval Rev. 6/17/92 per City Council 4. 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. 5. Fire Protection: Buildings constructed on the site over 5.000 sq. ft. regardless of fire separation shall be equipped with sprinkler systems subject to the approval of the Fire Chief. Fire hydrants shall be placed every 300 feet around the perimeter of the shopping center. Location and design of hydrants shall be subject to approval by the City Engineer and the Fire Chief. In addition, the applicant shall meet the following, subject to the approval of the Fire Chief: a. Maintain a 20-foot minimum width fire lane around the buildings with appropriate signage and red curbing, as needed. Said lanes shall be indicated on the Precise Plan. b. Dumpsters shall not be stored inside buildings. C. Provide smoke evacuation systems for buildings where required by code or by the Fire Chief. • d. Provide funds to mitigate impact to the Fire Department by paying a pro-rata share of costs based upon the AB 1600 fee study to be adopted by the City Council. • e. Submit proposed street names to the Community Development Department to be reviewed and approved by the Fire Department with final approval by the Planning Commission. f. Prohibit wood shakes or shingles unless permanently fire resistant in accordance with MBMC Section 14.60. g. Provide a minimum size of 80 inches as measured diagonally for all elevators in the project. h. Provide a minimum turning radius of 20 feet at all intersections. 17 $ � a N413AN,11NANK !} §! ( \ • `� � ��� | i \\ )| . r/ g% §gilt b ! � ,1 < li 4 1 � Z � 21111. 4�11 u ao 11, < fl � 1 1 z SBs , 1 it ,\ /1 � 1 1 it �r11 �11 �a'il 4J �Il it f r f Jrr�, ------------------------ L I- r I I • c z , CU a1IlII 1 x0 p u I n , V l 1 1 I fll. II I 1 1 � I� I 1 I' I,1 � • 0 11 r•� � � a 111 § I \ a 1 z Pi 0 • • r i • I T • � 1 a q � 1 o z (Jli: I \ • • • Q 0 W F_ H F- W 1 a i� 8 O 1, ' 11 MPA WILLIAMS MORRO BAY MORRO BAY BLVD./ Figure 8 Merriam Planning CREEKSIDE CENTER STATE ROUTE I REVISED INTERCHANGE Associates • RESOLUTION NO. 67-92 A RESOLUTION ACCEPTING SETTLEMENT OF WORKERS' COMPENSATION CLAIM IN GILBERT V. CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, a claim for Workers' Compensation benefits has been filed by Robert Gilbert 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 Gilbert 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 Sth day of June 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None i ose M rie Sh tz, Mayor` Ardith Davis, City Clerk • 0 RESOLUTION NO. 66-92 RESOLUTION TO AWARD BID NO. PW 90-12 MAINTENANCE YARD FUELING EQUIPMENT PROJECT TD: B&T SERVICE STATION CONTRACTORS, ARROYO GRANDE 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 project on May 26, 1992, and WHEREAS, the Department of Public Works recommends the award of said contract to B&T Service Station Contractors, Arroyo Grande, Ca. as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that B&T Service Station Contractors, Arroyo . Grande, Ca. be hereby awarded the contract for said project in the total contract amount of $96,S30, not including soil and groundwater contamination remediation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of June, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: • ARDITH DAVIS, City Clerk 40SE l�l/ ' • r1 J o_ v S ■ i MINES III Neill RESOLUTION NO. 65-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO CHAPTER IV VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF MORRO BAY GENERAL PLAN AND COASTAL LAND USE PLAN T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GPA/LCP 02-91 WHEREAS, The Planning Commission of the City of Morro Bay held duly noticed PUBLIC HEARINGS on the 8th day of August, 21st day of October, 18th day of November, 16th day of December, 1991, the 6th day of January, 16th day of March, 20th day of April, and the 4th day of May, 1992 to consider the City initiated request to amend Chapter IV - Visual Resources and Scenic Highway element of Morro Bay General Plan and Coastal Land Use Plan; and WHEREAS, The Planning Commission, after consideration of the staff report and all public testimony did recommend approval of these amendments to the City Council; and WHEREAS, The City Council of the City of Morro Bay on the 8th •and 17th days of June, 1992, did hold a duly noticed PUBLIC HEARINGS to consider the amendments; and WHEREAS, said amendments to the Local Coastal Program have complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), and are exempt as the functional equivalent of an EIR; and WHEREAS, at said PUBLIC HEARING, based upon the evidence contained in the staff report the testimony of all persons wishing to testify, and the determinations made by the City Council during the hearing, the City Council found the following facts and reasons to justify its action: 1. The scenic hillside and ridgelines within and surrounding the City are natural resources of great value to the public and City as they provide scenic beauty, define the character of the City in its rural setting and, in general, enhance the public health and welfare; and 2. These values are recognized in existing General Plan and Local Coastal Plan policies which are intended to protect the scenic character, and are also found in the California Coastal Act; and • City Council Resolution No. • Page Two 3. In order to provide an effective level of planning and regulations to retain the scenic character of the hillsides and ridgelines, it is necessary to provide for more detailed identification of these areas through the attached map and by refining existing policies further to add specific development criteria 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 GPA/LCP 02-91 Visual Protection Policies; and 3. The City Council directs the City Administrator or his designee to submit said Policies and Programs to the State Coastal Commission for adoption as part of the Local Coastal Plan. PASSED, APPROVED, AND ADOPTED, by the City Council of the City •of Morro Bay, on the 17th day of June, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk RECOMMENDED ADDITIONS TO CHAPTER 1V - VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF MORRO BAY CONSOLIDATED GENERAL PLAN POLICY VR-4 (LCP Policy 12.12) (new policy - all others renumbered accordingly) The City shall regulate development of structures, road construction, grading, and placement of public facilities and utilities in order to protect and retain the natural scenic beauty of the hillsides and ridgelines surrounding the City. The City shall encourage the County to adopt and apply similar and compatible policies for County areas within the City's Sphere of Influence , or surrounding the city. Program VR-4.1 (LCP Policy 12.13): The following development standards apply to scenic hillside and ridgeline areas within the City of Morro Bay visible from Highways 1 and 41, except for those areas specifically excluded below. These scenic viewshed areas are generally shown on Figure VR-4. The figure is intended to be illustrative, not conclusive. There may be areas not shown, that upon review of a development application may be determined to be within the scenic viewshed from Highway 1 or 41 and thus subject to the following standards; other areas shown to be included may actually not be visible. a. New development of structures, roads, or grading shall be placed outside the scenic viewshed unless no other physically developable area is present on the parcel. Any development on slopes between 20 and 30% slope shall require Planning Commission approval. Any building on slopes over 210 foot elevation or on slopes of 30% or more is prohibited, except as provided in 'fell below. b. All new development shall be sited sufficiently back on the scenic ridgelines or hilltops so as not to intrude into the horizon line as viewed from Highways 1 or 41. c. No new roads shall be constructed in the scenic viewshed area unless it is first demonstrated that existing roads, or improvements or extension to existing roads cannot be feasibly used. New road construction that must be placed on visible hills, or ridgelines shall be limited to the least visible area and/or shortest alignment, whichever will have the least adverse visual impact. No new road construction on cross slopes or greater than 30% shall be permitted due to the visual impact of cuts, fill and sidecasting. 171 GPA/LCP 02-91 Amendments Scenic Hillsides/Ridgelines d. No new land divisions shall be approved in the scenic viewshed area that do not contain adequate developable area outside of the scenic viewshed. e. Exceptions to the above standards shall be provided only for essential public or agricultural facilities that cannot feasibly be located outside the scenic viewshed area, or for projects on properties that have no useable area outside the scenic viewshed. When such projects must be sited within the scenic viewshed, the scale of the project shall be held to the minimum necessary and the project shall be sited on the least visible area of the property which also meets other development constraints. Landscape screening with appropriate native species shall be employed to screen development within the scenic viewshed. The above standards do not apply to: a) existing parcels less than one half acre in size. No lots of less than one-half acre will be required to meet this criteria. • b) to lots created as a result of previously approved residential subdivisions, or c) to projects that may be located in a transfer of development credit receiving area which may be designated by the City in the future. LJ Program VR-4.2 (LCP Policy 12.14): In addition to the standards set forth above, the City should consider and implement a variety of other techniques to help protect the scenic viewshed area. Among these are: a. Prezone all territory within the adopted Sphere of Influence in suitable zoning designations. b. Apply the Planned Development combining district designation to all scenic viewshed areas as a means of establishing a thorough and flexible review procedure and in order to provide incentives for property owners to cluster development outside the scenic viewshed. c. Investigate density bonuses as an incentive for siting future development outside the scenic viewshed. 2 0 GPA/LCP 02-91 Amendments Scenic Hillsides/Ridgelines d. No new land divisions shall be approved in the scenic viewshed area that do not contain adequate developable area outside of the scenic viewshed. e. Exceptions to the above standards shall be provided only for essential public or agricultural facilities that cannot feasibly be located outside the scenic viewshed area, or for projects on properties that have no useable area outside the scenic viewshed. When such projects must be sited within the scenic viewshed, the scale of the project shall be held to the minimum necessary and the project shall be sited on the least visible area of the property which also meets other development constraints. Landscape screening with appropriate native species shall be employed to screen development within the scenic viewshed. These above standards do not apply to: a) existing parcels less than one half acre in size. No lots of less than one-half acre will be required to meet this criteria. • b) to lots created as a result of previously approved residential subdivisions, or c) to projects that may be located in a transfer of development credit receiving area which may be designated by the City in the future. • Program VR-4.2 (LCP Policy 12.14): In addition to the standards set forth above, the City should consider and implement a variety of other techniques to help protect the scenic viewshed area. Among these are: a. Prezone all territory within the adopted Sphere of Influence in suitable zoning designations. b. Apply the Planned Development combining district designation to all scenic viewshed areas as a means of establishing a thorough and flexible review procedure and in order to provide incentives for property owners to cluster development outside the scenic viewshed. c. Investigate density bonuses as an incentive for siting future development outside the scenic viewshed. 2 GPA/LCP 02-91 Amendments Scenic Hillsides/Ridgelines d. Obtain open space and scenic conservation easements covering portions of properties within the scenic viewshed during approval of projects that include such areas. e. Request the County to adopt parallel policies and standards to protect the scenic viewsheds within the County portion of the City's Sphere of Influence. f. Request the County to establish land use controls in the scenic viewshed areas as a means of limiting development potential consistent with retention of the scenic values. g. Encourage and support public acquisition of easements or fee title to the Morro peaks in order to preserve these outstanding scenic landmarks in their natural condition. h. In cooperation with the County, develop and adopt an integrated transfer of development credits (TDC) program designed to protect scenic viewshed, farmland and other resource lands within the City and its Sphere of Influence. This system should provide for the orderly relocation of development potential within the unincorporated portions of the City's Sphere of Influence to areas within the Urban/Rural boundary, or to other • cities or urban centers within the County. WF:ml/w#6/scenic.doc • 3 { 1, CITY COUNCIL RESOLUTION NO. 64-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING AN APPEAL OF A PLANNING COMMISSION ACTION AND APPROVING A SIGN EXCEPTION PERMIT ALLOWING A POLE SIGN AT TWELVE (12) FEET SIX (6) INCHES IN HEIGHT CASE NO. SIGN 02-92 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 4th day of May, 1992, held a duly noticed PUBLIC HEARING to consider the request of Rajni Desai for a Sign Exception Permit to allow a 131611 pole sign to be located at 1100 Main Street in the C-1/S.4 District. The subject site can be more particularly described as: APN 66-042-02 City of Morro Bay County of San Luis Obispo State of California WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the project has been found to be Categorically Exempt and no further documentation is deemed necessary; and • WHEREAS, following the PUBLIC HEARING, review of the staff report and all testimony offered by the public, the Planning Commission did approve the pole sign at a maximum of 10 feet in height; and WHEREAS, on the 13th day of ,""fay , 1992, Mr. Desai appealed this action by the Planning Commission to the City Council; and WHEREAS, The City Council of the City of Morro Bay on the 8th day of June, 1992, held a duly noticed PUBLIC HEARING to consider Mr. Desai's appeal of the Planning Commission action; 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 did find the following facts and reasons to justify upholding the appeal and approving the Sign Exception Permit allowing the pole sign at a maximum of height of 1216": 1. The maximum sign height allowed in this district is 8 feet. Allowing the sign at 1216" in height on this site is necessary to provide visibilty from the public right-of-way and afford the site ample attraction for the motel use; and • r City Council Resolution No. 64-92 • Page Two 2. The sign at 1216" in height will not be detrimental to the health, safety, comfort, or general welfare of persons residing in the neighborhood; 3. The sign at 1216" in height will not be injurious or detrimental to property and improvements in the neighborhood; 4. The sign at 1216" in height will not be injurious or detrimental to the general welfare of the City; and 5. The sign at 1216" in height is in conformance with the General Plan and the certified Local Coastal Program Land Use Plan (LCP) and Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this matter; and, • 2. That the City Council does hereby uphold the appeal and approve of Sign Exception Permit No. 02-92 at 1216" in height, subject to the conditions attached hereto. • PASSED, APPROVED, AND ADOPTED, on the 22nd day of June, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, Clerk CONDITIONS OF APPROVAL Case No. SIGN 02-92 • STANDARD CONDITIONS 1. This Sign Permit is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State • of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. The applicant, as a condition of approval, hereby agrees to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. 7. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions Is stated herein. Conditions of Approval - Sign 02-92 Page Two 0 SPECIAL CONDITIONS 8. The existing sign shall be lowered to 1216" in height prior to issuance of a building permit to allow installation of a new sign face. • • RESOLUTION NO. 63-92 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE • MAINTENANCE ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, all property owners in Bayshore Village are required by the Coastal Commission to pay for the maintainance of Bayshore Bluffs Park which is accomplished through the levy of an annual assessment; and, WHEREAS, the Landscaping and Lighting Act of 1972 enabled the City to form an assessment district in July, 1990 designated as the Bayshore Bluffs Park Maintenance Assessment District; and, WHEREAS, the annual maintenance costs, specifications for maintenance and Bayshore Bluffs Park Maintenance Assessment District boundaries are listed in the District Engineer's Report labeled Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the levy of an annual assessment to maintain Bayshore Bluffs Park generally located as shown in Exhibit "A" attached hereto at a public hearing to be held July 13, 1992 at 6:00 p.m. in the Veteran's Memorial Building, 209 E. Surf Street, Morro Bay, CA. • BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at Bayshore Bluffs Park are specified in the District Engineer's Report dated May 29, 1992 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $28,673 or $398.24 per assessable parcel in the 1992-93 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 8th day of June, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, sheetz NOES: None ABSENT: None ATTEST: /mil .'/' / ARDITH DAVIS CITY CLERK ArF MEN -M r c.u.c.res63-92 A it LY,,N-k -r�,-- " 171 ENGINEER'S REPORT BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT STEPHEN A. WOLTER DIRECTOR, RECREATION AND PARKS MAY 29, 1992 0 c.w.c.engrrept • BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT NAME: Bayshore Bluffs Park Maintenance Assessment District DIAGRAM• Attached PLANS AND SPECIFICATIONS: There are no improvement plans. The specifications for the annual maintenance are attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the recommended budget for the 1992-93 F.Y. maintenance of Bayshore Bluffs Park. 022 - 0370 - BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT OBJECT 230: Repair and Maintenance Supplies $ 400.00 • Miscellaneous items to repair vandalism, lights, park furniture, signs, etc. OBJECT 360: Public Utilities $ 4,000.00 • Electricity, garbage, restroom, water/sewer OBJECT 370: Repair and Maintenance Services $20,500.00 • Scheduled park maintenance by contract $15,000 • Power wash overlook/stairway: quarterly $1,500 • • Tree trimming: bi-annual $4,000 OBJECT 390: Miscellaneous Services $ 200.00 • Sign refurbishment and repair OBJECT 790: Costs Applied $1,825.00 • Inspections for contract compliance $500 15 minutes weekly by Lead Worker • Annual administration of assessment $413 5 hours annually by Recreation and Parks Director $354, 1 hour annually by Finance Director $59 • Administration of contract $850 1 hour monthly by Recreation and Parks Director • Accounts payable $62 10 minutes monthly by Accounts Payable Clerk TOTAL BUDGET $26,925.00 1991-92 F.Y. DEFICIT PROJECTED $ 1,748.00 1992-93 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00 0 � � (F�mfr HI❑ Sf I � . � N 26 u Y n, 212.65' 75- MAIN 2 3. U �a� 7 _ 257' ` 7R_ 729 N BRO10'C6"W 324. 85 C5 34' N' 28033'54"w 64.85 ,V_29°4='23�R' 7C 7} i N11"1B'36 E 2550' iJ 28009'22"W c Tj !0 • pp 1 � t 2424 `mac 3- \ •, Do G' m N 13'19.296' 7e 1n 7 PG. 30 z \ P3 � w TR_ 729 u 31. APN 66-39 Boundary of Bayshor_e- Bluffs Park Maintenance District r DRIVE BAySHORE z ) 63 63 5-9 49 i ;O 50. 1 5! PTr1 ! _ 7� r >1 i 71 61 7 6 7; 1 TR 5 ram. .G t tL/� ZT' C L4.,; �57 r58�9..G0\ r Er N 73 W. MAINTENANCE SPECIFICATIONS BAYSHORE BLUFFS PARK INDEX TO LANDSCAPE MAINTENANCE SPECIFICATIONS - BAYSHORE BLUFFS PARK PAGE NO. DESCRIPTION INDEX MAINTENANCE: 3 MAINTENANCE: 4 MAINTENANCE: 5 MAINTENANCE: 6-7 MAINTENANCE: 8 TREE PRUNING: 9 TREE PRUNING: 10 MAINTENANCE: 11 MAINTENANCE: SCOPE, SUBMITTALS, QUALITY ASSURANCE, INSURANCE, LICENSES PLANT MATERIAL, SOIL AMENDMENT, HERBICIDES, PESTICIDES, IRRIGATION MATERIALS, EXECUTION - LAWNS EXECUTION - LAWNS, GROUND COVER, TREES AND SHRUBS EXECUTION - IRRIGATION SYSTEM, WATER SCHEDULE, DEBRIS AND LITTER, EXTRA WORK APPENDIX I - PLANT LIST DESCRIPTION, QUALITY ASSURANCE, EXECUTION - SURFACE CONDITIONS, TREE WORK PROCEDURES. TREE WORK PROCEDURES TIMBER STRUCTURES TIMBER STRUCTURES • LANDSCAPE MAINTENANCE PART 1 00 -GENERAL 1.01 SCOPE A. Provide all labor, equipment and supervision required to properly maintain the landscaped areas in a healthy, vigorously growing, weed -free, attractive condition for a one-year period. 1.02 SUBMITTALS A. Furnish Owner and/or Owner's authorized agent a landscape maintenance schedule delineating specific tasks and timing of said tasks. B. Maintain and furnish upon request accurate records to include, but not be limited to materials used, application rates, dates of application, observations and occurrence of extraordinary events. 1 . 0 3 QUALITY ASSURANCE, WORK FORCE AND PERFORMANCE A. Prior to beginning work described in this section, the Contractor shall review all on -site portions of work, its extent, and proposed methods of execution. b. All work shall be completed under the supervision of a qualified landscape • maintenance person. c. All work shall be performed in accordance with standard horticultural practices, using modern techniques accepted by the industry. The appearance and health of the landscape shall be considered over methods and procedures. d. All work shall be performed with the utmost concern for the health, safety and welfare of the public. 1.04 INSURANCE A. Contractor shall supply certificates of insurance for Workmen's Compensation, General Liability and Auto Liability Insurance upon award of contract. B. An endorsement naming the City of Morro Bay, its officers and employees as additional insured shall be provided. Insurer shall have a minimum "A" rating and be licensed to operate in the State of California. A minimum insurance amount of $500,000 shall be required of the selected Contractor. 1 .05 LICENSES A. Contractor shall have a valid California Landscape Contractor's License (C-27). B. Contractor shall have a valid California Pest Control Operator License. • C. Contractor shall be responsible for obtaining any and all City, County, State and/or Federal permits or Licenses. 2 PART 2 00 - MATERIALS 2.01 PLANT MATERIAL . A. Any replacement plants shall be of the same species and variety, and shaft be fresh, well -established, vigorous, of normal habit of growth, free of disease, insects, insect eggs and larvae. Plants shall have a healthy, normal root �ysterrt,. well filling their containers, but not to the point of being root bound. B. Replacement sizes shall be 5-gallon for shrubs and 15-gallon of trees. 2.02 SOIL AMENDMENT A. Fertilizer shall consist of 16-6-8 and 21-7-14 commercial fertilizer. 2.03 HERBICIDES A. Post -emergence (established lawns): "Ortho Weed-B-Gone" or approved equal. B. Post -emergence (existing weeds): "Round -up" or approved equal. C. Pre -emergence (prior to seed germination): "Ronstar" or approved equal. 2.04 PESTICIDES A. Upon diagnosis by a qualified horticulturist, entomologist and/or pathologist, apply the recommended material as per manufacturer's specifications. 2.05 IRRIGATION MATERIALS • A. Any replacement parts eg. pipe & fittings, riser & heads, valves and/or etc. shall be of the same type and manufacturer as originally installed. PART 3.00 - EXECUTION 3.01 MAINTENANCE - LAWNS A Frequency of mowing will depend on current weather and growing conditions. If weather and soil conditions prohibit efficient mowing, lawns shall be mowed at the earliest appropriate time. B. No lawn growth shall be allowed to exceed 3" in height. Mow lawns to a minimum 2" height. C. All lawn clippings shall be caught and removed at time of mowing. D. Mechanical edging along sidewalks and curbs shall be performed every mowing. Lawns bordering ground cover areas shall be edged every other mowing. E. Turf shall be trimmed around all sprinklers and other objects as necessary to allow for proper functioning and prevent damage. At no time shall "weed - eaters" be utilized around base of trees. • 3.01 MAINTENANCE - LAWNS (CONTINUED) F. Replace and/or repair 2' X 4' redwood header and/or 3-lam bender board as required. G Grasses shall be prevented from spreading into ground cover areas. If. All lawns shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year. I. Application schedule/rates: April - September 16-6-9 at 161100o sq. ft. October - March 21-7-14 at 8#11000 sq, ft. K. Weed control - All lawns shall be treated with broadleaf herbicides as required or bare spots, replace or weeded by hand. It weed eradication leaves thin, patchy sod/seed of like kind. 3.02 MAINTENANCE - GROUND COVER A. Ground covers shall be maintained within designated areas. • B. Maintain ground cover to establish a solid mass. Replace any areas showing spottiness as required. G Ground cover shall be prevented from invading shrubs, climbing trees or becoming a nuisance to buildings. D. Fertilize ground cover to correct any signs of nutritional deficiency or to promote additional growth. (see schedule/rates under lawns 3.01 I.) E. Weed Control - All ground cover areas shall be maintained in a weed free treat obnoxious weeds as required. condition. Manually eradicate or chemically 3.03 MAINTENANCE - TREES & SHRUBS A Prune to promote structural strength and accentuate the plant's natural forms and features within the limitations of space. B. Boxing, balling and/or formal shearing of shrubs shall be avoided. C. See Appendix I (attached) for all plant materials on -site and specific requirements. D. Fertilize to correct any signs of nutritional deficiency or to promote additional growth. • E Check for signs of insect or pest damage on a regular basis. Implement corrective measures as required. 4 F. Staking & Tying - Stakes and ties shall be adjusted to prevent girdling and chafing and shall be removed as soon as trees show signs of inherent stability. • 3.04 MAINTENANCE - IRRIGATION SYSTEM A. Monthly inspection and service of irrigation system to include: -Run each system individually by switching to "manual" on controller clock- -Check each system for proper coverage and adjust heads accordingly. -Flush out all quick couplers. -Clean drip system filter. -Check all drip system emitters for proper flow. B. Inspect backflow prevention device annually as per San Luis Obispo County Health Agency Cross connection Control Ordinance #1175. C. Replace and/or repair system(s) as required. 3. 0 5 WATERING SCHEDULE AND APPLICATION RATES A Apply enough water to insure a 6 to 10 inch soil penetration. This may require from one or more inches of water per week. B. Apply water in one application at a rate that will permit maximum soil penetration with a minimum of run-off. C. Watering shall be applied as supplements to rainfall. Adjust timing and rates according to current weather conditions. • 3.07 DEBRIS AND LITTER A Remove all debris accumulated as a result of normal maintenance operations. B. Remove all debris and litter on a daily basis from all landscaped areas,, parking lot and adjacent street areas.' C. Do not use trash receptacles on -site for debris or litter disposal. D. Remove all ashes in barbecue grills on a monthly basis. E. Empty all trash containers to trash dumpster daily. 3.06 EXTRA WORK A All removal or reptacem" of plant, irrigation or miscellaneous landscape material shall be provided as an extra upon authorization of the Owner/Owner's Agent. B. All fertilizer, herbicide and/or pesticide material shall be provided as an extra. Submit receipts to Owner or Owner's Agent to verify quality and quantity. C. Any products or services not otherwise specified here in shall be negotiated between the Contractor and Owner or Owner's Agent. . END OF SECTION E ,"III,"?UI' UST • TREES NOTES — Existing: EUCALYPTUS GLOBULUS Blue Gum PINUS RADIATA Monterey Pine CUPRESSUS MACROCARPA Monterey Cypress New: MELALEUCA QUINQUENERVIA Cajeput Tree SHRUBS/HERBACEOUS PERENNIAL MYOPORUMLAETUM NCN JUNIPERUS PROCUMBENS NANA Japanese Garden Juniper SOLLYA HETEROPHYLLA Australian Bluebell Creeper ASPARAGUS'SPRENGERI' Sprenger Asparagus MORAEA BICOLOR Fortnight Lily CERASTIUM TOMENTOSUM Snow in Summer ARMERIA MARITIMA Thrift, Sea Pink CAMPANULA GARGANICA Bellflower NEPHROLEPSIS EXALTATA Sword Fern All existing trees shall be pruned, as required, pursuant to attached TREE PRUNING SPECIFICATIONS. Do not shear) Prune selected branches to a well -placed side branch to empha- size open, up -right growth habit. Prune only to shape into a broad based, billowing mass. Prune only to keep foliage clear of curb face and gutter. Watch for spider mites, aphids, twig borers and blight. Do not shear) Tip prune to retain bushiness. Watch for scale insects. Trim out old thorny shoots to make room for new growth. Feed in spring with a complete fertilizer. Cut flower stems to ground after blossoms fade. Break off forming seed pods to increase flower production. Shear flowers after bloom. Divide in fall or early spring. Shear flowers after bloom. Feed Ix/year with slow release fertilizer. Divide clumps in fall every 3 - 4 years. Watch for snails and slugs. Cut back old or unattractive fronds after new growth has started in spring. jp'[LAHKII' lL19t1 (9n mn,vo)«(m F(j,jjIi FCr) i)n(Mrc • "MEADOW" PLANTING NOTES A combination of Herbaceous annuals, FALL: Reseed disturbed and/or non - Perennials & Grasses vegetated areas (see non -irrigated seed mixture) Non -Irrigated Seed Mixture Li/AL-re Lasthenia glabrata 1.0 Bromus MOMS 20.0 Dimorphotheca aurantiaca 3.0 Eschschollzia californica 5.0 Trifolium hirtum 30.0 20-9-9 Nitroform Fertilizer (or equal as approved by Landscape Architect.) • 0 WINTER: Survey entire park area (includes bluffs) prior to and immediately after rains to check for proper drainage and potential erosion problems. Immediately correct any problems. If temporary drainage and erosion control measures are not sufficient, contact Owner or Owner's Agent. SPRING: Remove obnoxious weed species to allow for growth and establishment of sped mixture. LATE SPRING/EARLY SUMMER: After bloom and seed head production (production for next year's crop), mow entire park area. Edge along all pedestrian/bike paths to provide proper clearance. Mowing may occur throughout summer months to prevent a fire hazard and retain a more orderly and tidy condition. • TREE PRUNING PART 1.00 - GENERAL 1.01 DESCRIPTION Work includes, but is not necessarily limited to, tree pruning as shown on drawings and described below. 1.02 QUALITY ASSURANCE A. Prior to beginning work described in this section, the Landscape Architect shall review all on -site portions of work, its extent, and proposed methods of execution. Do not begin any work without review and approval of Landscape Architect. B. All tree pruning shall be done by a qualified tree person, with a minimum of five years prior experience in similar work, and subject to Landscape Architect's approval. 2.00 EXECUTION 2.01 SURFACE CONDITIONS A. Inspection 1. Prior to all work in this section, carefully inspect work of all other trades and verity that such work is complete to the point where this work may properly commence. B. Discrepancies 1 . In the event of discrepancies, immediately notify the Landscape Architect. 2. Do not proceed with work in areas of discrepancy until all such discrepancies have been fully resolved. 2.02 TREE WORK PROCEDURES A. Per Landscape Architect's direction, clearly identify all trees and major limbs to be removed. B. General Pruning Requirements 1. Where possible, the trimming shall respect the natural shape and form of existing trees. For example, the weeping habit of trees shall be retained where no ground height restrictions nor safety conflicts occur. 2. Thin crowns by a maximum 25% as required, to promote light penetration and • air circulation. Avoid indiscriminate overthinning. E:i • 2.02 TREE WORK PROCEDURES (CONTINUED) 3. Avoid stub cutting. Trim to an attractive, natural appearance by removing entire limbs and/or drop crotching, (cutting to laterals of sound wood). 4. Care shall betaken to avoid cuts which cause ripping. Where a significant rip occurs, rip shall be surgically traced to promote healing and minimize die -back. 5. Finish cuts shall be relatively flush, but shall retain ring collars. Avoid long cuts. Strive for a minimum cut cross section without leaving a stub. C. Site Specific Pruning Objectives 1 . Safety pruning shall consist of minimizing potential splits and breakage. Reduce weight by thinning and heading back to laterals. 2. Remove deadwood as follows Building sites and primary use areas; a) Trim entire tree (secondary and tertiary limbs) to a reasonably 'deadwood free' condition. Individual trees and groves in secondary areas; a) Remove major deadwood and all potentially hazardous wood. 3. Corrective pruning: . Remove all weak V-crotch scaffolds where weight reduction alone will not adequately protect against potential splitting. 4. Surgical pruning: Trace all large wounds along trunk and primary scaffolds to encourage healing. Remove dead and punky wood in cavities at base of trunks as directed by Landscape Architect. Sever exposed girdling roots as directed by Landscape Architect. 5. Chemically treat significant trees for insect damage as directed by Landscape Architect. 6. Trees previously removed but sprouting secondary growth shall be trimmed annually to remove all secondary growth. E TIMBER STRUCTURES WART 1 00 - GENERAL 1.01 DESCRIPTION Work includes, but is not limited to, repair and/or maintenance of park"Lookoutklructure & Beach Stairs", for a time period as described in the Contract documents. 1.02 QUALITY ASSURANCE A. Prior to the beginning of the maintenance period, the City Representative and/or Landscape Architect shall schedule a meeting with the Contractor to discuss/review all work, extent, schedule, and proposed methods of execution. B. All work shall be performed by a qualified/licensed Contractor. C. All work shall be performed with the utmost concern for the health, safety, and welfare of the public. 1 .0 3 INSURANCE A. Contractor shall supply the City with Certiicates of Insurance for Workman's Compensation, General Liability, and Auto Liability upon award of Contract. PART 2.00 - MATERIALS 2.01 A. The materials used in the repair and/or maintenance of "limber structures" shall conform to the . following requirements: 1. Replacement Structural Timber & Lumber - a. Replacement structural timber and lumber shall be of similar species, grade, and size as existing. b. When preservative treatment of timber and lumber is required, the treatment shall conform to the provisions in Section 3.06, "Preservative Treatment of Lumber, Timber, and Pilings". 2. Replacement Hardware - Replacement hardware shall consist of bolts with the necessary/'nuts and washers, timber connectors, nails, spikes, and other metal fastenings, and shall be similar to existing in every way. 3. Replacement Lighting - All replacement lighting parts shall be equal in every way to existing lighting parts. PART 3.00 - EXECUTION 3.01 INSPECTION Inspection of park "Lookout & Beach Stairs' shall take place semi-annually and shall cover deterioration of timber and lumber, cracks or fatigue in metal hardware, erosion around and/or under pilings and foundation poles, warping and/or weathering of materials which may create a hazard to public use, any needed replacement of lighting system, and clean-up of all portions. U 3,02 REPAIR AND REPLACEMENT OF STRUCTURAL & NON-STRUCTURAL COMPONENTS A. Non-structural materials (includes minor timber, lumber, and/or hardware) shall be replaced as necessary with a written report to the City every 6 months. B. Structural damage and/or materials replacement shall be reported immediately to the City for their inspection and recommendation on Contractor course of action (provide City with hourly labor rate to perform work). 3.03 EROSION OF FOUNDATION A. Contractor shall perform all minor earthwork necessary to maintain daily use by the public (minor earthwork to include non -hazardous grading and/or backfilling, and shall be performed by hand only!). B. Major erosion shall be reported immediately to the City (prior to any work performed) for their consideration and recommendation (provide City with hourly labor rate to perform work). 3.04 LIGI ]TING SYSTEM A. Replace bulbs, lenses, minor wiring/wire connectors, and fuses with similar parts as needed. B. Replacement of lighting fixtures, conduit, major wiring, photo cells, and/or lighting system shall not be performed without written consent of the City (provide City with cost estimate to perform work knclude all materials and labor). 3.05 CLEANING A. Clean-up of "Lookout & Beach Stairs" shall occur monthly and shall include removal of all trash on • or around structures, and sweeping of all decking, steps, guardrails and handrails (the use of potable water to spray -sweep is prohibited). B. St6am cleaning of structures shall occur quarterly and shall include deck, steps, and handrails for removal of heavy dirt, gum, bird excrement, etc. 3.06 PRESERVATIVE TREATMENT OF LUMBER, TIMBER, & PILINGS A. All replacement lumber, timber, and pilings whim require preservatives and/or treatment shall conform to AWPA Standards, Manual of Recommended Practice. B. Brush methods to preserve existing lumber, timber, and pilings may include water sealant for exposed areas, and/or creosote/asphalt emulsion in areas with soil contact. C. Contractor shall provide the City with a semi-annual report (twice a year) detailing existing conditions, proposed treatment, and materials which will be required (provide City with hourly labor rate to perform work). D. Painting of Galvanized Hardware - 1. Painting of aff galvanized hardware shall take place on an as -needed basis to be determined by the City after consideration of the Contractor's semi-annual report. 2. All surfaces to be repainted shall be cleaned and prepared prior to application. 3. Apply two (2) coats of urethane or epoxy paint (color shall match existing). 4. Contractor shall provide City with cost estimate to perform work (include all materials and labor). END OF SECTION RESOLUTION NO. 62-92 RESOLUTION OF THE MORRO BAY CITY COUNCIL CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, NOVEMBER 3, 1992 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 3, 1992; AND OTHER ELECTIONS MATTERS AS REQUIRED BY LAW T H E CITY COUNCIL City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide • general election to be held on November 3, 1992 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 3, 1992, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election , to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 3, 1992; and 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and • • • • City Council Resolution No. 62-92 Page Two 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and S. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election; and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1992, by the following vote to wit: AYES: Baker, NOES: None ABSENT: None ATTEST: Luna, Mullen, Wuriu, Sheetz ARDITH DAVIS, City Clerk RESOLUTION NO. 61-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1992-93 T H E 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 1991; and WHEREAS, the Consumer Price Index has increased 4.2% from March 31, 1991 to March 31, 1992; and WHEREAS, the Fiscal Year 1992-93 Business License Rate Schedule • reflects this 4.2% increase. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt the Fiscal Year 1992-93 Business License Rate Schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, Mayor ATTEST: • ARDITH DAVIS, City Clerk • CMS � h-ti U O � N � M con O Con ":,88 8 0 V)8 88S $ 8888 8 • o oa o M s o ooC� M S° �o60C o V 00 .-, 00 bs M vi bs 00 00 �-+ N ,� o0 00 — 00 6s 6s bs bs bs 6s cnn 6s bs 6s 6s N h N N S O N N E O S 7 N N W) N a 000 C m M.--iC C OO6 m COOO6 O �•. U 00 r+ 00 65 bs 6fi 00 00 .-y N �O 00 00 .-+ 00 U + 63 6s iA 69 6s 69 M �--� 69 b9 69 69 69 69 y S o00 S o SOD. 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M (\ 7\\ )\ m \ \\ m m � _ Q t $kk 2@ /QQ Gol _ 2 k \ ¢� m A §m/ CX ©� � } } ƒ ;13 RESOLUTION NO. 6 0 - 9 2 A RESOLUTION AWARDING SALE OF BONDS MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Morro Bay, California (the "City"), that WHEREAS, pursuant to Resolution No. 59-92 A Resolution Providing for the Issuance of Bonds, adopted by the City Council of the City on May 26, 1992, the City desires to sell its Limited Obligation Improvement Bonds, Mimosa Street Supplemental Assessment District, in the aggregate principal amount of not to exceed $106,000.00 (the "Bonds"), to First California Capital Markets Group, Inc. (the "Underwriter") upon the terms and conditions contained in the below -mentioned Purchase Contract. NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the Purchase Contract, dated May 26, 1992, attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved with such additions, changes, or deletions as may be directed by the officer executing the same, said execution to be considered approval of any such additions, changes, or deletions. 2. That the Mayor, City Manager, the Treasurer, or an authorized deputy of either, be and are hereby directed to execute said Purchase Contract, together with any additions, changes, or deletions as said officers direct. 1 3. That the Treasurer of the City be, and is hereby directed to, have the Bonds printed forthwith and immediately signed, sealed and delivered to the Underwriter in exchange for the purchase price thereof. x x x x x x x x x x I, the undersigned City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 26th day of May , 1992, by the following vote of the members thereof: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None j • Approved: ROSE IE S EETZ M r } ATTEST: City Clerk ARDITH DAVIS 0 2 RESOLUTION NO. 59-92 • A RESOLUTION DETERMINING UNPAID ASSESSMENTS, PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 191511, APPROVING A SUMMARY OF BOND ISSUANCE AND APPROVING THE FORM OF PURCHASE CONTRACT MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Morro Bay, California, that: WHEREAS, the City Council of the City of Morro Bay, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California; and WHEREAS, this Council has authority to issue bonds upon the unpaid supplemental . assessments levied upon lands within a supplemental assessment district described in Resolution of Intention No. 87-91, adopted August 12, 1991, to pay for the additional costs of the improvements therein referenced, said supplemental assessment district known and designated as MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT (hereinafter referred to as the "Assessment District"); and WHEREAS, said proceedings provided for the issuance of bonds pursuant to the "Improvement Bond Act of 191511, being Division 10 of the Streets and Highways Code of the State of California, and it is necessary to establish terms and provisions of such issuance; and Is 1 WHEREAS, the aforesaid supplemental assessment district was formed and the • supplemental assessments therein levied for the purpose of covering additional costs incurred for the improvements contemplated within the Mimosa Street Assessment District (bonds having heretofore been issued in the amount of $162,773 on the previously unpaid assessments pursuant to Resolution No. 61-89 adopted on June 12, 1989 with respect to said improvements) as set forth or referenced in Resolution of Intention No. 6-87; and WHEREAS, a notice of supplemental assessment has been recorded and the publication and the mailing of notice of the time within which supplemental assessments may be paid in cash has been provided and the time has expired, and there has been filed a list of all supplemental assessments which now remain unpaid; and WHEREAS, it is desired, pursuant to Section 8650.1 of the Streets and Highways Code, to establish the denominations of the bonds to represent unpaid supplemental • assessments on private property and the amount to mature each year which will be other and different than that as provided in Section 8650 of said Code. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. Recitals. That the above recitals are all true and correct. SECTION 2. Unpaid Supplemental Assessments. That the supplemental assessments now remaining unpaid, and the aggregate thereof, are as shown on a list entitled "List of Unpaid Supplemental Assessments", referenced by the name of this Assessment District, a copy of which is on file in the Office of the Treasurer of the City of Mono Bay and is incorporated herein by reference and made a part hereof and is attached hereto as Exhibit "A", the same being hereby approved. 0 2 SECTION 3. Definitions. Unless the context otherwise requires, the terms defined • in this Section 3 shall, for all purposes of this Resolution, have the meanings herein specified and shall be equally applicable to both the singular and plural forms of any of the terms herein defined. "Act" means the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California. "Agent" means the registrar and paying agent appointed pursuant to Section 30 of this Resolution. "Bond" or "Bonds" means the not to exceed $106,000.00, City of Morro Bay, Limited Obligation Improvement Bonds, Mimosa Street Supplemental Assessment District, issued pursuant to the Act, the Bond Act, and this Resolution. "Bon Act" means the "Improvement Bond Act of 1915," being Division 10 of the • Streets and Highways Code of the State of California. "Bond Date" means the dated date of the Bonds, which is June 10, 1992. "Bond Denomination" means the amount of $5,000.00, which is the minimum amount in which the Bonds may be issued, except for one Bond in an odd amount of $1,000.00. One bond in the full amount of not to exceed $106,000.00 may also be issued. "Closina Date" means the date upon which there is an exchange of the Bonds for the proceeds representing the purchase of the Bonds by the Original Purchaser. "Code" means the Internal Revenue code of 1986, as amended. "Improvement Fund" means the fund established by the Treasurer into which shall be placed the proceeds received from the sale of the bonds, including any premium, all pursuant to Section 10 hereof. 0 3 "Interest Payment Date" means the dates upon which interest on the Bonds is payable, commencing on March 2, 1993, and semiannually thereafter on September 2 and March 2 of each year to maturity. "Issuance Costs" means all applicable costs and expenses of issuance of the bonds, including, but not limited to; (a) underwriters' fees, if any, other than those taken in the form of a discount on the Closing Date; (b) counsel fees, including bond counsel, underwriters' counsel, Issuer's counsel and special tax counsel fees, if any, as well as any other specialized counsel fees, if any, incurred in connection with borrowing; (c) financial advisor fees incurred in connection with the issuance of the Bonds, if any; • (d) rating agency fees, if any; (e) trustee fees and trustee counsel fees, if any; (f) paying agent and certifying and authenticating agent fees, if any, related to issuance of the Bonds; (g) accountant fees, if any, related to issuance of the Bonds; (h) printing costs of the Bonds and of the preliminary and final official statement; (i) publication costs associated with the financing proceedings; and (x) costs of engineering and feasibility studies, if any, necessary to the issuance of the Bonds. "Issuer" means the issuer of the bonds, which is the City of Morro Bay, California. is 4 "Net Proceeds of the Bonds" means proceeds of the Bonds received by or for the • Issuer on the Closing Date, less amounts used to pay Issuance Costs and less amounts deposited on the Closing Date in the Reserve Fund, if any. "Original Purchaser" means the purchaser of the Bonds from the Issuer on the Closing Date. "Private Business Use" means use directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a governmental unit and use as a member of the general public. "Private Activity Bond" means any bond or certificate issued by a governmental entity the proceeds of which are used directly or indirectly to pay for or finance private non- governmental activities or facilities in a trade or business or a person unrelated to the governmental entity. . "Project" means the acquisitions and improvements described in the Resolution of Intention. "Redemption Fund" means the fund established by the Treasurer into which shall be placed any accrued interest for the period from the Bond Date to the Closing Date and all sums received from the collection of unpaid assessments and of the interest and penalties thereon, all as provided in Section 12 hereof. "Redemption Premium" means three percent (3%) of the principal amount of the Bonds redeemed. "Regulations" means the applicable temporary and permanent regulations adopted by the Internal Revenue Service pursuant to the Internal Revenue Code of 1986, as amended. 5 "Treasurer" means the Treasurer of the City of Morro Bay. • SECTION 4. Issuance of Bonds. The Bonds, in the aggregate principal amount of not to exceed $106,000.00 shall be issued as hereinafter provided upon the security of the unpaid assessments set forth in Exhibit "A" (hereto attached) in accordance with, under and pursuant to the provisions of the Resolution of Intention and the proceedings thereunder duly had and taken. The Bonds shall mature in the amounts and on the dates and at the rates of interest set forth in the purchase offer as approved by the Issuer. SECTION 5. Form of Bonds. The Bonds shall be substantially in the form set forth in Exhibit "B". SECTION 6. Date of Bonds. The Bonds shall be dated the loth day of June, 1992, and interest shall accrue from that date. SECTION 7. Payment of Bonds. The Bonds shall bear interest at the rate or rates • determined by this Council at the time of sale of the bonds (not to exceed 12% per annum) payable on each Interest Payment Date. Each Bond shall bear interest from the Interest Payment Date next preceding the date on which it is authenticated and registered, unless authenticated and registered (1) prior to an Interest Payment Date and after the close of business of the fifteenth (15th) day of the month immediately preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) prior to the close of business on the fifteenth (15th) day of the month preceding the first Interest Payment Date, in which event it shall bear interest from the Bond Date; provided, however, that if at the time of authentication interest is in default, each Bond shall bear interest from the date to which interest has been paid. Each Bond will continue to bear interest after maturity and 6 payment thereof is refused on the sole ground that there is not sufficient money in the • Redemption Fund with which to pay same; if it is not presented at maturity, interest thereon will run only until maturity. SECTION 8. Bonds Not Of Equal Parity. The Bonds are not of equal lien parity with and are subordinate to the lien of the $162,773.00 of previously issued Limited Obligation Bonds dated July 10, 1989, issued in connection with the Mimosa Street Assessment District, the land constituting the security therefor includes the same or similar land constituting the security for the Bonds herein authorized to be issued for the Mimosa Street Supplemental Assessment District. SECTION 9. Execution of Bonds. The Bonds shall be executed on behalf of the Issuer and under its official seal by its Treasurer and by the City Clerk, whose signatures shall be manually placed on the Bonds or reproduced by engraved, printed or lithographed . facsimile thereof, and the official seal may be placed on the Bonds in like manner; such signing and sealing shall constitute and be a sufficient and binding execution of each and every one of the Bonds. If said Bonds are executed under seal by facsimile, the bonds shall then be delivered to the Treasurer or the Agent for authentication by said Treasurer or Agent. If any officer whose signature appears on the Bonds ceases to be such officer before the authentication and delivery of the Bonds to the purchaser thereof, such signature shall be as valid as if such officer had remained in office until the authentication and delivery of the Bonds. SECTION 10. Authentication. Only those Bonds as shall bear thereon the original manual signatures of the City Clerk and Treasurer and the original imprint of the City seal, • 7 or a certificate of authentication substantially in the form below, manually executed by the • Treasurer or the Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution for Bonds bearing a certificate of authentication and such certificate shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Resolution. The certificate of authentication on any Bond requiring authentication shall be deemed to be duly executed if signed by an authorized officer or signatory of the Treasurer or the Agent, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all the Bonds issued hereunder. [FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION] This is the Bond described in the Resolution Determining Unpaid Assessments and Providing for Issuance of Bonds referred to herein which has been authenticated and registered on 19 0 Authorized Signatory SECTION 11. Preparation and Delivery of Bonds. The Treasurer is hereby directed to cause the Bonds to be prepared in accordance with this Resolution of Issuance and to authenticate and deliver the Bonds to the purchaser thereof, upon receipt of the purchase price therefor, and upon the performance of the conditions contained in the accepted offer for the purchase of the Bonds. SECTION 12. Improvement Fund. The Treasurer shall establish the Improvement Fund designated by the name and/or number of the improvement or assessment district into which shall be placed the proceeds received from the sale of the Bonds, including any 0 8 premium (except that any interest accrued from the date of the Bonds to the date of • delivery thereof shall be placed in the Redemption Fund provided for herein). All moneys in the Improvement Fund shall be withdrawn only upon checks or warrants of the Issuer and shall be applied exclusively to the payment of the cost of the acquisitions and/or construction of the improvements described in the proceedings under and pursuant to said Resolution of Intention, as now or hereafter changed or modified by appropriate legal proceedings, and all expenses incidental thereto. Any surplus remaining after payment of all costs and all legal charges, claims and expenses shall be used as set forth in said proceedings. SECTION 13. Redemption Fund. Said Treasurer shall establish the Redemption Fund designated by the name of the Bonds, into which shall be placed any accrued interest for the period from the Bond Date to the date of delivery thereof, funded interest, if any, • to the maximum permitted by law as of the Bond Date, and all sums received from the collection of unpaid assessments provided for in Section 14 hereof, and of the interest and penalties thereon. From the Redemption Fund, disbursements shall be made to pay the principal or advance redemption price of the Bonds and the interest due thereon. SECTION 14. Collection of Unpaid Assessments. An annual proportion of the unpaid assessments shown on the List of Unpaid Assessments set forth in attached Exhibit "A", together with the interest thereon, shall be payable in each year preceding the date of maturity of the Bonds issued, sufficient to pay the Bonds when due, and such proportion of each unpaid assessment coming due in any year, together with the annual interest thereon, shall be payable in the same manner and at the same time and in the same installments as the general taxes on real property are payable, commencing March 2, 1993 9 and on each September 2 and March 2 thereafter and become delinquent at the same • times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. All sums received from the collection of said unpaid assessments and of the interest and penalties thereon shall be placed in the Redemption Fund provided for herein. SECTION 15. Redemption Prior to Maturity. Each Bond, or any portion thereof in the amount of the Bond Denomination or any integral multiple thereof, outstanding may be redeemed and paid in advance of maturity upon any Interest Payment Date in any year by giving at least 30 days notice and by paying the principal amount thereof together with the Redemption Premium plus interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of payment, all in the manner and as provided in the Act. . The Treasurer shall cause to be called for redemption and retire Bonds upon prepayment of assessments in amounts sufficient therefor, or whenever sufficient surplus funds are available therefor in the Redemption Fund. In selecting Bonds for retirement, the lowest numbered Bonds of the various annual maturities shall be chosen pro rata in a manner intended to disturb as little as possible the relationship of unpaid assessments to Bonds outstanding. The provisions of Part 11.1 of the Act are applicable to the advance payment of assessments and to the calling of the Bonds. SECTION 16. Exchange of Registered Bonds. Any Bond, upon surrender thereof at the office of the Treasurer, together with an assignment duly executed by the registered owner thereof or his attorney or legal representative in such form as shall be satisfactory 0 10 to the Treasurer, may, at the option of such owner, be exchanged for an aggregate principal • amount of Bonds equal to the principal amount of the Bond so surrendered, and of any authorized denomination or denominations. The Issuer shall make provision for the exchange of Bonds at the office of the Treasurer. SECTION 17. Negotiability. Registration and Transfer of Bonds. The Treasurer or Agent shall keep books for the registration, and for the registration of transfers, of the Bonds as provided in this Resolution, which shall at all times be open to inspection by the Issuer. The transfer of any Bond may be registered only upon such books upon surrender thereof to the Treasurer or Agent together with an assignment duly executed by the owner or his attorney or legal representative in such form as shall be satisfactory to the Treasurer or Agent. Upon any such registration of transfer, the Issuer shall execute and the Treasurer or Agent shall authenticate and deliver in exchange for such Bond a new Bond or Bonds • registered in the name of the transferee, of any denomination or denominations authorized by this Resolution of Issuance, and in an aggregate principal amount equal to the principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Issuer shall execute and the Treasurer or Agent shall authenticate and deliver at the earliest practicable time, Bonds in accordance with the provisions of this Resolution of Issuance. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Treasurer or Agent. The Issuer may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made to any owner for the privilege of exchanging or registering the 0 11 transfer of Bonds under the provisions of this Resolution of Issuance. The Issuer shall not • be required to make such exchange or registration of transfer of Bonds during the period from the 15th day of the month immediately preceding any Interest Payment Date and such Interest Payment Date. SECTION 18. Ownership of Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the principal, and redemption premium, if any, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or such owner I s legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon to the extent of the sum or sums so paid. SECTION 19. Limited Obligation. Pursuant to Section 8769 of the Streets and • Highways Code of the State of California, the Issuer has determined that the Issuer will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the Bond Redemption Fund. Such determination shall not prevent the Issuer from, in the Issuer's sole discretion, so advancing funds. SECTION 20. Covenant to Foreclose. The Issuer hereby covenants with and for the benefit of the owners of the Bonds that it will order, and cause to be commenced within 150 days following the date of delinquency, and thereafter diligently prosecuted, an action in the superior court to foreclose the lien of any assessment or installment thereof not paid when due, pursuant to and as provided in Section 8830 through 8835, inclusive, of the Streets and Highways Code of the State of California, provided that the alternative method of tax apportionment (Sections 4701 through 4717 of the California Revenue and Taxation 0 12 Code) is no longer applied by the County of San Luis Obispo to special assessments, for • which bonds have been issued pursuant to the Act, for any reason whatsoever. SECTION 21. Investment of Funds. Subject to the Certificate as to Arbitrage and the Rebate Certificate, moneys in the Improvement Fund, Redemption Fund, and the Reserve Fund, if any, shall, whenever practicable, be invested in legal investments for the Issuer under applicable law for the moneys held pursuant to this Resolution of Issuance at the time when any of such moneys are to be invested therein. Any income therefrom or interest thereon shall accrue to and be deposited in the fund from which said moneys were invested, except as otherwise provided in said Certificate as to Arbitrage or Rebate Certificate. SECTION 22. No Arbitrage. The Issuer shall not, except as permitted by law and set forth in the Certificate as to Arbitrage and/or Rebate Certificate, use any portion of the • proceeds from the issuance of the Bonds, directly or indirectly (1) to acquire higher yielding investments, (2) to replace funds which were used directly or indirectly to acquire higher yielding investments, and will (3) rebate to the Federal Government all arbitrage profits, if required, (4) comply with limitations on the amount of bond proceeds that may be invested in non -purpose obligations (as defined in the Rebate Certificate) and (5) comply with all of the other provisions of Section 148 of the Code and the Regulations in order to avoid treatment of the Bonds as "arbitrage bonds" subject to federal income taxation. SECTION 23. Certificate as to Arbitrage On the basis of the facts, estimates and circumstances now in existence and in existence on the date of issue of the Bonds, as determined by the Treasurer, the Treasurer is authorized and directed to certify that it is not expected that the proceeds of said issue will be used in a manner that would cause such 13 obligations to be "arbitrage bonds" within the meaning of Section 148 of the Code and the • applicable Regulations. Such certification shall be delivered to the purchaser of the Bonds at the time of delivery of and payment for the Bonds. SECTION 24. Private Activity and Private Loan Prohibitions. (a) Private Activity Prohibition. The Issuer shall assure that (i) not in excess of 10 percent of the Net Proceeds of the Bonds are used for a Private Business Use if, in addition, the payment of more than 10 percent of the principal or 10 percent of the interest due on the Bonds during the term thereof is, under the terms of the Bonds or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for a Private Business Use or in payments in respect of property used or to be used for a Private Business Use or is to be derived from payments, whether or not to the Issuer, in respect of property or borrowed money used or to be used for a Private Business • Use; and (ii) and that, in the event that both (A) in excess of five percent of the Net Proceeds of the Bonds are used for a Private Business Use, and (B) an amount in excess of five percent of the principal or five percent of the interest due on the Bonds during the term thereof is, under the terms of the Bonds or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for said Private Business Use or in payments in respect of property used or to be used for said Private Business Use or is to be derived from payments, whether or not to the Issuer, in respect of property or borrowed money used or to be used for said Private Business Use, then said excess over said five percent of Net Proceeds of the Bonds used for a Private Business Use shall be used for a Private Business use related to the governmental use of the Project. 0 14 (b) Private Loan Prohibition. The Issuer shall assure that not in excess of • five percent of the Net Proceeds of the bonds is used, directly or indirectly, to make or finance loans (other than loans constituting non -purpose investments, as defined in the Rebate Certificate, or assessments) to persons other than governmental units. (c) Disbursement Statement. Upon each disbursement of Net Proceeds of the Bonds deposited in the Improvement Fund, the Treasurer shall prepare and execute a statement setting forth the portion, if any, of the Net Proceeds of the bonds to be used for a Private Business Use or to make or finance a private loan (other than a loan constituting a non -purpose investment, as defined in the Rebate Certificate, or an assessment) and certifying that there has been compliance with subsections (a) and (b) above. Such statements shall be maintained as a part of the permanent business records of the Issuer pertaining to the Bonds. . SECTION 25. No Federal Guarantee. The Issuer shall take no action nor permit nor suffer any action to be taken if the result of the same would cause the Bonds to be a federally guaranteed obligation within the meaning of Section 149(b) of the Code and the applicable Regulations. Any section reference in this Resolution to the Code shall be deemed to be and shall refer to any section of similar import enacted in lieu or in amendment of such section or contained in any Internal Revenue Code enacted in lieu of the Internal Revenue Code of 1986, as amended and any applicable Regulations. SECTION 26. Amendment. Without the consent of the Bond holders, the Issuer hereafter may amend this Resolution of Issuance to add, modify or delete provisions if the same is necessary or desirable, in the opinion of bond counsel of the Issuer, to assure the exemption of interest on the Bonds from federal income taxation, provided that the security 0 15 interest of the bond holders is not affected thereby. • SECTION 27. Authority of Treasurer. All actions mandated by this Resolution to be performed by the Treasurer may be performed by the designee thereof or such other official of the Issuer or independent contractor, contractor or trustee duly authorized by the Treasurer to perform such action or actions in furtherance of all or a specific portion of the requirements hereof. SECTION 28. Sale of Bonds. The Treasurer is hereby authorized to negotiate or cause to be negotiated the sale of the Bonds. SECTION 29. Legal Opinion. The Issuer will furnish the legal opinion of Haight & Haight, attorneys at law, approving the legality of the proceedings and the issuance of the Bonds. SECTION 30. Appointment of Agent. Union Bank be, and it is hereby authorized • and appointed, to serve as Agent and whose compensation shall be as set forth in Exhibit "C". The City Manager is authorized to execute an agreement with Union Bank in accordance with the provisions of Exhibit "C". SECTION 31. Approval of Summary of Bond Issuance. The City hereby approves the Summary of Bond Issuance describing the Bonds, in substantially the form submitted by the bond underwriter and on file with the City Clerk. Distribution of the Summary of Bond Issuance by the bond underwriter is hereby approved. The City hereby authorizes the distribution of a final Summary of Bond Issuance relating to the Bonds (the "Summary of Bond Issuance") by the bond underwriter. The Mayor, City Manager, or Treasurer is hereby authorized and directed to approve any changes in or additions to a final form of said Summary of Bond Issuance approved by the Mayor, City Manager or Treasurer whose i 16 execution thereof shall be conclusive evidence of approval of any such changes and • additions. The final Summary of Bond Issuance shall be executed in the name and on behalf of the City by the Mayor, City Manager or Treasurer who is hereby authorized and directed to execute the Summary of Bond Issuance on behalf of the City. SECTION 32. Approval of Bond Purchase Contract. The City hereby approves the Purchase Contract by and between the City and the Underwriter, in substantially the form submitted by the Underwriter and on file with the City Clerk provided the total principal amount of Bonds to be issued does not exceed $106,000, the interest rate shall not exceed 12% per annum and the term of the bonds shall not exceed 20 years. The Mayor, the City Manager or the Treasurer is hereby authorized and directed to approve any changes in or additions to a final form of said Purchase Contract approved by the Mayor, the City Manager, or the Treasurer, including, but not limited to, interest rates, principal maturities, Underwriter ' s discount and the date of the Bonds, whose execution thereof shall be conclusive evidence of approval of any such changes and additions. SECTION 33. Other Officers. That the officers responsible for the execution of any of the agreements, orders, or covenants contained in any of the foregoing Sections or in any other document heretofore approved in these proceedings are hereby authorized and directed to take any actions and execute and deliver any and all further documents, agreements or certificates as are necessary to accomplish the issuance and sale of the Bonds. 17 SECTION 34. Certified Copies. The City Clerk shall furnish a certified copy of this Resolution to the Treasurer, the Agent, and to the Auditor of the County of San Luis Obispo. I, the undersigned City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 2 6 tiday of May , 1992, by the following vote of the members thereof: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ARDITH DAVIS • i APPROVED:' ROSE MARIE S ETZ, Mayor W EXHIBIT nAu • MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT LIST OF UNPAID SUPPLEMENTAL ASSESSMENTS SUPPLEMENTAL NO. PROPERTY OWNER APN ASSESSMENT 1-1 Heirs of Valerie Wolfe 68-231-19 $10,170.63 c/o Glenda R. Youngs 773 Woodland Drive Los Osos, CA 93402 2 Maclane, Colin W. Jr. 68-231-11 $13,536.97 P.O. Box 63 Menlo Park, CA 94025 3-1 Amyx, Chester L. 68-231-15 $ 6,968.15 550 Mimosa Street Morro Bay, CA 93442 • 4 Gilton, Bradley & 68-231-08 $11,684.49 Beverly 2615 E. Harvard Visalia, CA 93277 5-1 Burnside, Bruce 68-231-24 $ 7,536.21 4060 Via Opata Palos Verdes Estates CA 90274 6-lb Phipps, Leatrice 68-231-26 $ 589.44 1593 15th Street Los Osos, CA 93402 6-1d Devito, Jane M. et al. 68-231-28 $ 389.44 3160 Alicita, #D San Luis Obispo, CA 93401 6-1e Gifford, Mary P., THE 68-231-29 $ 589.44 P.O. Box 427 Summerland, CA 93067 6-1f Gifford, Mary P., THE 68-231-30 $ 589.44 P.O. Box 427 i Summerland, CA 93067 • ASSMT. SUPPLEMENTAL NO. PROPERTY OWNER APN ASSESSMENT 6-lg Gifford, Mary P., THE 68-231-31 $ 589.44 P.O. Box 427 Summerland, CA 93067 6-1h Molony, Mary L., et al 68-231-32 $ 589.44 895 Napa Morro Bay, CA 93442 6-1i Molony, Basil & 68-231-33 $ 589.44 Barbara 930 Hayman Place Los Altos, CA 94024 6-lj Boulgarides, James D. 68-231-34 $ 589.44 4115 Van Buren Place Culver City, CA 90232 6-lk Szelock, Konrad 68-231-35 $ 589.44 19550 J. Ironwood • Morro Bay, CA 93442 6-11 Lewis, Bruce W. & 68-231-36 $ 589.44 Kathy A. 372 Equestrian Arroyo Grande, CA 93420 6-1m Lewis, Bruce W. & 68-231-37 $ 589.44 Kathy A. 372 Equestrian Arroyo Grande, CA 93420 6-ln Welter, William & 68-231-38 $ 589.44 Dorothy 899 Casitas Court San Luis Obispo, CA 93401 6-10 Ruskowski, Edward & 68-231-39 $ 589.44 Corinne 1105 Plaza Del Monte Santa Barbara, CA 93101 6-lp Dewitt, Pauline M. 68-231-40 $ 589.44 901 S. 6th St., SP 61 • Hacienda Heights, CA 91745 • ASSMT. SUPPLEMENTAL NO. PROPERTY OWNER APN ASSESSMENT 8-2 V. Aldredge Inc. 68-341-09 $19,525.36 1430 W. Mesa Avenue Fresno, CA 93711 8-3 Swenson, Robert B. & 68-341-10 $ 9,548.75 Jan Z. 1011 Crystal Bay Drive Ukiah, CA 95482 8-3 Price, Paul D. THE 68-341-14 $10,067.52 2045 Ironwood Morro Bay, CA 93442 9 Atchley, Richard & 68-341-02 $ 8,923.05 Norma 20810 Hansen Avenue Nuevo, CA 92567 TOTAL SUPPLEMENTAL ASSESSMENT- 106 013.29 E C� J EXHIBIT aBn • MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT NEITHER THE FULL FAITH AND CREDIT OF THE CITY OF MORRO BAY OR OF THE STATE OF CALIFORNIA IS PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS AND NO TAX IS PLEDGED TO PAY THE INTEREST ON OR PRINCIPAL OF THE BONDS. NEITHER THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS CONSTITUTES A DEBT, LIABILITY OR OBLIGATION OF THE CITY OF MORRO BAY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY RESTRICTION. UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO NUMBER: RA-1 $106,000.00 CITY OF MORRO BAY LIMITED OBLIGATION IMPROVEMENT BONDS MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT PRINCIPAL AMOUNT DATED DATE 0 $106,000.00 June 10, 1992 REGISTERED OWNER: MATURITY DATE MATURITY PRINCIPAL INTEREST RATE (September 2) 1993 $ 1994 $ 1995 $ 1996 $ 1997 $ 1998 $ 1999 $ 2000 $ 2001 $ 2002 $ 2003 $ 2004 $ Under and by virtue of the "Municipal Improvement Act of 191311, being Division 12 of the California Streets and Highways Code (the "Act") and the "Improvement Bond Act of . 1915", being Division 10 of the California Streets and Highways Code (the "Bond Act"), the City of Morro Bay, California, (the "City,,), will, out of the Redemption Fund (as • defined below) on the maturity date specified above for the payment of the Bonds issued upon the unpaid portion of assessments, pay to the registered owner hereof, or registered assigns, on the maturity date stated above, the principal sum shown hereon in lawful money of the United States and in like manner pay interest at the rate per annum stated above, payable semiannually on March 2 and September 2 in each year, commencing September 2, 1993. This bond bears interest from the interest payment date next preceding its date of execution and registration unless it is executed and registered (i) prior to an interest payment date and after the close of business of the fifteenth day preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (ii) prior to the close of business on the fifteenth day of the month preceding September 2, 1993, in which event it shall bear interest form its dated date, until payment of such principal sum shall have been discharged. The principal hereof is payable upon presentation and surrender hereof at the office of Union Bank, as Registrar and Paying Agent (the ',Agent") in Panorama City, California, and the interest hereon is payable by check or draft mailed to the owner hereof at such owner's address as it appears on the registration books of the Agent, or at such address as may have been filed with the Agent for that purpose, as of the fifteenth day immediately preceding each interest payment date. This Bond is one of the bonds representing the Limited Obligation Improvement Bonds issued by said City under the Act, the Bond Act, and the Resolution Determining Unpaid Assessments and Providing for the Issuance of Bonds No. 59-92 • adopted May 26, 1992, (the "Resolution of Issuance"), in the aggregate principal amount of $106,000.00 for the purpose of providing means for the construction and acquisition of the improvements described in said proceedings, and is secured by the moneys in the Redemption Fund (created pursuant to the Resolution of Issuance) and by the unpaid portion of said assessments made for the payment of said assessments and, including principal and interest, is payable exclusively out of the Redemption Fund . This Bond is transferable by the registered owner hereof, in person or by the owner's attorney duly authorized in writing, at said office of the Agent, subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon surrender and cancellation of this Bond. Upon such transfer, a new registered Bond or Bonds, of any authorized denomination or denominations, of the appropriate maturity, and for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds shall be registered only in the name of an individual (including joint owners), a corporation, a partnership or a trust. Neither the City nor the Agent shall be required to make such exchange or registration of transfer of Bonds during the fifteen (15) days immediately preceding any March 2 or September 2. The City and the Agent may treat the owner hereof as the absolute owner for all purposes, and the City and the Agent shall not be affected by any notice to the contrary. This Bond, or any portion of it in the amount of Five Thousand Dollars ($5,000), or any integral multiple thereof, may be redeemed and paid in advance of maturity upon payment of a 3% premium thereon, redeemable on the 2nd day of March or September in any year by giving at least thirty (30) days notice by registered mail to the registered owner hereof at such owner Is address as it appears on the registration books of the Agent and by paying principal and accrued interest thereon. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the Redemption Fund. This Bond will continue to bear interest after maturity at the rate above stated, provided that it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said Redemption Fund with which to pay the same. If it is not presented at maturity, interest hereon will run only until maturity. This Bond shall not be entitled to any benefit under the Act, the Bond Act, or the Resolution of Issuance, or become valid or obligatory for any purpose, until the certificate • of authentication and registration hereon endorsed shall have been dated and signed by the Paying Agent of the City of Morro Bay. 11 IN WITNESS WHEREOF, the City of Morro Bay has caused the Bond to be • executed by the Treasurer of said City and by its City Clerk, and has caused its official seal to be imprinted hereon all as of June 10, 1992. City Clerk CITY OF MORRO BAY, CALIFORNIA City Treasurer PAYING AGENT, S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is the one and only Bond described in the within -mentioned Resolution of Issuance which has been authenticated and registered on , 1992. Authorized Signatory • . ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto _ the within -mentioned Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the books kept for registration hereof with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The signature to this assignmentmust correspondwiththe name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. • Notice: Signature must be guaranteed by a member of the New York Stock Exchange or a commercial bank or trust company. 0 LEGAL OPINION I hereby certify that the following is a correct copy of the signed legal opinion of Haight & Haight, Attorneys at Law, Scotts Valley, California, addressed to the City of Morro Bay and on file in my office, dated the date of delivery of and payment for the Bonds therein described. City Clerk Honorable City Council City of Morro Bay 595 Harbor Street Morro Bay, California 93442 OPINION: $106,000.00 City of Morro Bay, Limited Obligation Improvement Bonds, Mimosa Street Supplemental Assessment District is Ladies and Gentlemen: We have acted as Bond Counsel in connection with the issuance by the City of Morro Bay (the "City") of the City of Morro Bay, Limited Obligation Improvement Bonds, Mimosa Street Supplemental Assessment District, dated June 10, 1992, in the aggregate principal amount of $106,000.00 (the "Bonds") pursuant to the "Improvement Bond Act of 191511, being Division 10 of the California Streets and Highways Code (the "Bond Act") and the "Municipal Improvement Act of 191311, being Division 12 of the California Streets and Highways Code (the "Act") and Resolution No. , adopted by the City Council of the City on May 26, 1992, (the "Resolution of Issuance"). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of the City contained in the Resolution of Issuance and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify such facts by independent investigation. 1 Based upon our examination, we are of the opinion, under existing law, that: • 1. The City is a municipal corporation of the State of California duly organized and validly existing under and by virtue of the Constitution and the laws of the State of California with power to adopt the Resolution of Issuance, perform the agreements on its part contained therein, and issue the Bonds. 2. The Resolution of Issuance has been duly adopted by the City and constitutes a valid and binding special obligation of the City enforceable upon the City. 3. Pursuant to the Act, and the Bond Act, the Resolution of Issuance creates a valid lien on the funds pledged by the Resolution of Issuance for the security of the Bonds. 4. The Bonds have been duly authorized, executed and delivered by the City and are valid and binding special obligations of the City, payable solely from the sources provided therefor in the Resolution of Issuance. S. The interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; it should be noted, however, that, for the purpose of computing the alternative minimum tax imposed on such corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the City comply with all requirements of the Internal Revenue t Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The City has covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. 6. The interest on the Bonds is exempt from personal income taxation imposed by the State of California. 7. The purposes for which the proceeds of the Bonds are to be applied are permitted under applicable law. The rights of the owners of the Bonds and the enforceability of the Bonds and the • Resolution of Issuance may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted and may also be subject to the exercise of judicial discretion in appropriate cases. Respectfully submitted, HAIGHT & HAIGHT ROBERT M. HAIGHT • 5-21-92 11:10RM 40843813E7-� r+c 'ri n11171 _ 805 772 7329:# Union Bank — Schedule of Fees For Paying Agent and Registrar Services $116,000(approa) City of Morro Bay, California Mimosa Street Supplemental Assessment District MAY 2 1 1%2 ADMINISTRATION OFFICE CITY OF MORRO BAY Acceptance & Set—up Fee: $1,000.00 Aanual Administration Fee. $1,000.00 Legal Counsel Fee: No Charge Sinking Fund Redemptions /Maturitic8: (minimum fee of $350.00: waived if in Book—EntryForm Only) $5 00 Cancellation charge per Bond. Other Services: $3.00 Band Issuance (each); $50.00 Investments (each); $35.00 Disbursements from the Construction Fund (each); $1.50 Interest Payment Checks (each); As Invoiced Out —of —Pocket Hapenses: By Appraisal Closing Charges: (if tertnlnated prior to maturity) Accepted By: 0 • RESOLUTION NO. 58-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR BAYSHORE BLUFFS PARK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City formed the Bayshore Bluffs Park Maintenance Assessment District in July, 1990 for the express purpose of maintaining Bayshore Bluffs Park; and, WHEREAS, the City is required by the State Landscaping and Lighting Act of 1972 to annually complete a protest hearing on the levy of assessment for the Bayshore Bluffs Maintenance Assessment District; and, WHEREAS, as part of this annual process the City is required to approve a report detailing the expenses projected for the Assessment District prepared by the Engineer of the District. NOW, THEREFORE, BE IT RESOLVED, the Recreation and Parks Director is declared to be the Engineer of the Bayshore Bluffs Park Maintenance Assessment District and is further directed to prepare a report detailing expenses projected to maintain Bayshore Bluffs Park for the 1992-93 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 26th day of May, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK c/w/admin/res58-92 ROSE MARIE SHE MAYOR RESOLUTION NO. 57-92 • RESOLUTION ACCEPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY T H E CITY COUNCIL City of Morro Bay, California WHEREAS, California Government Code Section 53646(A) states: "The Treasurer or Chief Fiscal Officer shall annually render to the legislative body of the local agency a statement of investment policy"; and WHEREAS, the California Municipal Treasurers Association provided in 1985 a sample investment policy which complies with State statutes pertaining to local agency investments (Government Code Section 53600 et seq.); and WHEREAS, the City has further restricted the sample investment policy to exclude; commercial paper, corporate bonds, repurchase agreements, and reverse repurchase agreements, which historically carry a • higher degree of risk than other allowable investments; and WHEREAS, this investment policy has been operational for Morro Bay since 1985. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Statement of Investment Policy is accepted. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of May, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ! �, /kOSE MARIE S "ETZ, Mayotf ATTEST: . ARDITH DAVIS, City Clerk J 0 CITY OF MORRO BAY STATEMENT OF INVESTMENT POLICY PURPOSE This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. OBJECTIVE The City's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. POLICY City of Morro Bay operates its temporary pooled idle cash investments under the prudent man rule (Civil Code Section 2261, et seq.)*. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600 et seq.). The City Treasurer is vested with the authority and responsibility for implementing this investment policy. Investments may be made in the following media: ** - Securities of the U.S. Government, or its agencies - U.S. Government Securities Fund - Small Business Administration Loans - Certificates of Deposit (or Time Deposits) placed with commercial banks and/or savings and loan companies - Negotiable Certificates of Deposit - Bankers Acceptances - Local Agency Investment Fund (State Pool) Demand Deposits - Passbook Savings Account Demand Deposits * The prudent man rule states, in essence, that "in investing . . . . property for the benefit of another, a trustee shall exercise judgement and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs * * Under State law, the City may also invest in commercial paper, corporation bonds, repurchase agreements and reverse repurchase agreements. The City does not include these investments in its investment policy because these investments carry a higher degree of risk than other allowable investments. Criteria for selecting investments and the order of priority are: 1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City only operates in those investments that are considered very safe. 2. Liquidity. This refers to the ability to "cash in" at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally. 3. Yield. Yield is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return. Safekeeping. Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the local agency's bank or other designated third party trust, in local agency's name and control, whenever possible. Investment Objective. The cash management system of City of Morro Bay is designed to accurately monitor and forecast expenditures and revenues, thus insuring the investment of monies to the fullest extent possible. Attempts to obtain highest interest yields possible as long as investments meet the criteria required for safety and liquidity. The City strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer. The basic premise underlying the City's investment philosophy is, and will continue to be, to insure that money is always safe and available when needed. City Treasurer City of Morro Bay s RESC)LiJ`P=ON MC)- 56-92 RESOLUTION URGING SUPPORT FOR RETENTION OF CENTRAL COAST SERVICE DISTRICT OF THE CALIFORNIA CONSERVATION CORPS IN SAN LUIS OBISPO COUNTY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Center of the California Conservation Corps (CCC) was the first Center opened in the State of California in 1976; and WHEREAS, the Central Coast District covers Southern Monterey County, all of San Luis Obispo County, Northern Santa Barbara County and parts of Kern County; and WHEREAS, CCC work projects improve the quality of life for residents of San Luis Obispo, Monterey and Santa Barbara Counties, and directly benefit the tourist industry; and WHEREAS, the estimated net value of local CCC labor since 1976 is $37.5 million; and WHEREAS, approximately 200,000 hours have been devoted by Corpsmembers to education since 1976, with over 200 GEDs earned; and WHEREAS, the CCC provides young men and women with the skills to enable them to enter the workforce; and •WHEREAS, in Morro Bay alone the CCC has been responsible for projects at Lila Keiser Park, Tidelands Park, Mariner Park, Del Mar Park, Coleman Park, and Morro Rock as well as numerous City facilities; and WHEREAS, the State Resources Agency plans to cut CCC budget by 50% which would include closure of the San Luis Obispo Center. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby urge Governor Pete Wilson, State Resources Agency, and State Legislature to take immediate steps to continue funding for the California Conservation Corps at a level necessary to retain the Central Coast Service District office at Camp San Luis Obispo. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the day 26th of May, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: • ARDITH DAVIS, City Clerk RESOLUTION NO. 55-92 A RESOLUTION COMMENDING BOB KILE FOR HIS COST-EFFECTIVE MANAGEMENT OF HARBOR IMPROVEMENT PROJECTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, for a number of years as a special projects contract employee, Bob Kile has assisted the City on waterfront design and engineering projects; and, WHEREAS, in 1991, Mr. Kile acted as City liaison with the South T-Pier design engineer and was of great assistance in reviewing contract specifications and bid documents for the South T-Pier Reconstruction Project; and, WHEREAS, in 1992, Mr. Kile worked as project manager for the City of Morro Bay on the South T-Pier project and has displayed the highest level of dedication to providing the City with the best facility at the lowest reasonable cost, and; WHEREAS, the South T-Pier will essentially be complete by the end of May 1992, at a total cost under the design engineer's cost estimate due in large part to Mr. Kile's diligence and management experience; and, • WHEREAS, Mr. Kile will shortly cease his contract employment with the City of Morro Bay and return to commercial fishing in Alaska for the summer; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby express its sincere appreciation and thanks to Bob Kile for jobs well done on the South T-Pier Reconstruction Project and other waterfront improvements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of May 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE DfARIE SHEETZ, MAYOR ARDITH DAVIS, CITY CLERK RESOLUTION 54-92 EXHIBIT A Page 3 County and terminating at Mission Hills in Santa Barbara County, which is comprised of the full Environmental Impact Report prepared and circulated in 1991, including the appendices. 5. The State Water Project Coastal Branch (Phase II) Environmental Impact Report (SLO EIR) prepared for the construction and operation of nine local water distribution pipelines, a water treatment plant, and two hydroelectric plants, which is comprised of the full Environmental Impact Report prepared and circulated in 1992, including the appendices. 5. Matters of common knowledge to the City Council of the City of Morro Bay which it considers, such as: a. The City's General Plan and Local Coastal Program, the land use maps and elements thereof; b. The text of the Land Use Element; C. The California Environmental Quality Act (CEQA) and the State CEQA Guidelines implementing the act; d. The Morro Bay Guidelines for implementing CEQA; • e. Morro Bay's Water Management Plan and related water studies and reports on file with the City of Morro Bay; f. Other formally adopted policies and ordinances of the City of Morro Bay. IV. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORTS 1. The City Council of Morro Bay makes the following findings with respect to the Coastal Branch EIR: a. The City Council of Morro Bay has reviewed and considered the Coastal Branch EIR and finds that it has been completed in compliance with the California Environmental Quality Act (CEQA). a. The City Council of Morro Bay finds that the construction of the Coastal Branch, Phase II, the mitigation of the significant adverse environmental impacts associated with the Coastal Branch, Phase II, and consideration of certain project alternatives, are the responsibility of the Department of Water Resources (DWR), and are outside the jurisdiction and control of the City Council of Morro Bay. The City Council of Morro Bay • recommends that the mitigation measures identified in the RESOLUTION 54-92 EXHIBIT A Page 4 Coastal Branch EIR be adopted by DWR. With the exception of short-term noise, traffic, air quality, and aesthetic • impacts, the mitigations, if adopted, would substantially lessen or avoid the impacts. 2. City Council of Morro Bay makes the following findings with respect to the Local Distribution Lines and Facilities Final Environmental Impact Report (SLO EIR) certified on March 25, 1992, by FCWCD: a. The City Council of Morro Bay has reviewed and considered the SLO EIR and finds that it has been completed in compliance with the California Environmental Quality Act (CEQA). b. The City Council of Morro Bay finds that the following are the responsibility of the Flood Control and water Conservation District, and are outside the jurisdiction and control of Morro Bay: (1) construction and operation of the Local Pipelines and Facilities, (with the possible exception of the minor pipeline extension within the City if constructed by the City); (2) except for the adoption of a water management plan or program, the mitigation of the significant adverse environmental impact associated with the Local Pipelines and facilities; (3) consideration of certain project alternatives. The • City Council of Morro Bay recommends that the mitigation measures identified in the SLO EIR be adopted by FCWCD excepting therefrom, the water management plans and programs (Section 5.6b of the SLO EIR) (see Section 6.1 below). With the exception of potential adverse secondary growth and short-term air quality impacts, the mitigations, if adopted, would substantially lessen or avoid these impacts. V. Findings for Impacts Identified as Significant and Unavoidable Pursuant to the requirements of CEQA, the City Council of Morro Bay hereby adopts the following findings which relate to the part of the project which the City Council of Morro Bay will approve and carry out: A. Growth Inducement 1. Impacts - Refer to Final SLO EIR pages 5-4, 5-14, and 18. 2. Findings - a. Certain changes or alterations have been required in, or incorporated into, the project which lessen the significant effects • as identified in the Final SLO EIR, however, RESOLUTION 54-92 EXHIBIT A Page 5 growth -inducing impacts may be residually significant. These residually significant • impacts are acceptable by reason of the overriding concerns set forth in the Statement of Overriding Considerations (See Section 10). b. Other changes or alterations are within the responsibility of other public agencies and not the agency making the findings, such changes are and should be adopted by such other agencies; C. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final SLO EIR (See Section VII). Growth inducing impacts may be residually significant. These impacts are acceptable by reason of the overriding considerations concerns set forth in the Statement of Overriding Considerations (See Section 10). 4. Discussion - Findina 3a: • New growth that would occur as a result of the importation of State Water is extremely difficult to analyze. In order to provide as much information as possible, several growth scenarios were analyzed in both the Coastal Branch EIR and the SLO EIR. The DWR's environmental documentation dealing with delivery of State Water to San Luis Obispo County includes analyses of "Worst Case Scenarios," one of which assumes that all the water delivered would be used for the development of new homes to house new people in the area (DWR scenario 3). The Coastal Branch EIR calculated that the water could support as many as 156,290 new residents in San Luis Obispo County. Another scenario analyzed in the Coastal Branch EIR (DWR scenario 1) assumed that project water would be used to offset urban groundwater usage. Yet another scenario analyzed assumed that project water would be used to offset the participants' proportionate share of groundwater overdraft (DWR scenario 2). The analysis in the Coastal Branch EIR was based on designated analysis units (DAU's). However, conditions in each water district suggested that a more detailed district -level analysis would be useful • in estimating potential growth -inducing impacts. RESOLUTION 54-92 EXHIBIT A Page 6 Based on a water supply and demand study prepared by the Co. Engineering Department, such an analysis was • completed for the SLO EIR and included a discussion of the City of Morro Bay. Growth inducement, as used in CEQA, is not an environmental impact per se. It must be evaluated as to potential, magnitude, and possible secondary impacts. This was done in the SLO EIR, which analyzed and summarized existing constraining issues and mitigations in each service area, including the City of Morro Bay. As pointed out in the FEIR the City of Morro Bay has an existing deficit of water and the water provided by this project will be used primarily to offset the existing deficit. Because the existing groundwater supply is limited and also declining it is likely even following the project there will still be a deficit or only a very limited supply of water for new development. However, water supply is only one limitation on growth in Morro Bay. Measure F, a citizens initiative adopted in the mid 1980's regulates growth within the city and establishes a maximum population. If the introduction of State Water provides any • additional water beyond that already needed by existing development, any growth permitted will be limited by Measure F and the City's General Plan. The City of Morro Bay has an updated General Plan, the Land Use Element of which has been certified by the California Coastal Commission and is the functional equivalent of an EIR. No annexations nor land use intensifications are anticipated. The SLO EIR contains mitigation measure 5.6b, which requires certain mitigation measures with regard to growth. Mitigation measure 5.6b requires Morro Bay to make determinations as to whether an overdraft in a ground water basin exists and if it does, what is Morro Bay's proportionate share of that overdraft. These determinations can only be determined through the process of appropriative water rights applications pending before the State Water Resources Control Board or through adjudication. This process would require Morro Bay to initiate litigation with all those Governmental Entities and persons who claim an interest in the Chorro and Morro watersheds. Further the majority of water withdrawals in the Morro and Chorro basins occur as a result of private and institutional land uses upstream and beyond the control of the City Council of Morro Bay. 0 RESOLUTION 54-92 EXHIBIT A Page 7 The City Council of Morro Bay finds that mitigation • measure 5.6b in the SLO EIR is not applicable to Morro Bay nor is it feasible for Morro Bay to implement as more particularly set forth in the statement of overriding concerns. As required by State CEQA Guidelines, including Section 15091 and 15096(h), the City Council of Morro Bay hereby finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects which will result from growth associated impacts identified in the EIR. Even with these changes, impacts remain residually significant. these impacts are acceptable by reason of the overriding concerns set forth in Section 10, Statement of Overriding Considerations. Finding 3b: As was stated in the SLO EIR, control of growth and mitigation of potential environmental impacts resulting from growth in part lies outside the City's jurisdiction, and lies within the jurisdiction and control of other public agencies. Changes or alterations could be made in public policy, in those areas where growth could occur as a result of the • project, to control, direct, and phase the growth, which would mitigate or avoid environmental impacts from growth. Findings 3c• Project water supply alternatives are discussed in the Coastal Branch and SLO EIR's. For reasons discussed in Section VII, the City Council of Morro Bay finds the "no project" and other water supply alternatives to be infeasible as alternatives to this project. Growth inducing impacts would be residually significant. These residually significant impacts are acceptable by reason of the overriding concerns set forth in Section 10, Statement of Overriding Considerations. VI. Findings for Cumulative Impacts Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City of Morro Bay hereby adopts the following findings: • CJ • FJ RESOLUTION EXHIBIT A Page 8 A. The project and other development projects (including but not limited to the Coastal Branch, Phase II, project) will have cumulative impacts in San Luis Obispo County. The City Council of Morro Bay finds that the construction of the Coastal Branch, Phase II, and the mitigation of the significant adverse environmental impacts associated with the Coastal Branch Phase II, are the responsibility of the California Department of Water Resources, and/or the FCWCD, and are outside the City of Morro Bay's jurisdiction and control. The City of Morro bay recommends that the mitigation measures identified in the Coastal Branch EIR should be adopted by DWR and FCWCWD, and, if adopted, would substantially lessen or avoid these impacts. 54-92 Taken together, these projects could have potentially significant cumulative impacts on geology, water resources, air quality, biology, transportation, aesthetics/visual resources, cultural resources, agriculture, public services, noise, and growth. Of these, air quality impacts are expected to be significant and unavoidable in the short-term, even after implementation of the mitigation monitoring program adopted by DWR and FCWCD. These impacts are related to the construction phase only. Although growth can result in adverse environmental impacts which would add to cumulative impacts, growth inducement itself is not an environmental impact. Growth inducement is discussed in Section V of these findings. Impacts of the project have been avoided or substantially lessened with the incorporation of mitigation measures, but some residual cumulative air quality impacts may occur in San Luis Obispo County. Secondary impacts of growth could also remain. B. With regard to potential cumulative effects on the Sacramento Delta, DWR indicates that the project is independent of any additional modifications to State Water Project facilities (See Coastal Branch EIR, p. 103). The water delivered by reserved for many years for this delivery. Existing State Water Project supplies will be reallocated to accommodate the delivery. According to DWR and CCWA, the delivery to San Luis Obispo county and Santa Barbara county purveyors thought this project represents only about 3% of present State Water Project deliveries. According to DWR, the impact of the reallocation is minimal. The Coastal Branch project has been part of SWP planning since its inception in the 1960's and facilities within the sWP have been sized to accommodate the eventual operation of the project. Environmental and operational issues involved in the importation of water from the Sacramento -San Joaquin Delta are evaluated in the South Delta Water Management Program DEIR/DEIS, issued RESOLUTION 54-92 EXHIBIT A Page 9 June 1990. These issues are summarized in the Coastal Branch EIR. Because of the tiered nature of the • environmental review for this project, neither the SLO EIR nor the City Council of Morro bay has reevaluated the potential for impacts on the Sacramento Delta. VII. Alternatives Pursuant to the requirements of the California Environmental Quality act (CEQA), the City Council of Morro Bay hereby adopts the following findings: A. Alternative Local Pipeline Routes and Water Treatment Plant Locations The SLO EIR analyzed certain alternative local pipeline alignments and alternative locations for the regional water treatment plant. Consideration of these alternatives is the responsibility of the FCWCD, and is outside the jurisdiction and control of the City of Morro Bay. B. Alternative Water Sources Morro Bay's alternative water sources are discussed in the SLO EIR. The City Council of Morro Bay has considered water sources which potentially could provide additional water to Morro . Bay. The City Council of Morro Bay finds that said alternative water sources do not provide sufficient water to satisfy the needs of the City, therefore, they do not provide an acceptable alternative to the project and are determined to be infeasible. VIII. CEQA GENERAL FINDINGS Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City Council of Morro Bay hereby adopts the following findings: A. The City Council of Morro Bay finds that changes or alterations have been incorporated into the project to mitigate or avoid significant impacts. These changes or alterations include the mitigation measures outlined herein and set forth in more detail in the mitigation monitoring program, and in the project EIR's. B. The City Council of Morro Bay further finds that specific economic, social, or other considerations make infeasible certain of the alternatives suggested and analyzed in the project EIR's. These considerations are more fully discussed in the Coastal Branch and SLO EIRs and in • RESOLUTION 54-92 EXHIBIT A Page 10 previous sections of this document that address the unacceptable alternatives. • C. The City Council of Morro Bay finds that the project as approved includes the mitigation program with the deletion of mitigation measure 5.6b, adopted simultaneously herewith. This mitigation program includes measures which avoid or substantially lessen the significant project impacts, as required by CEQA. D. The City Council of Morro Bay adopts the following mitigations for the project. With the adoption of these mitigations, the City finds that the environmental impacts associated with the project are at least partially mitigated. Those adverse environmental impacts that are not mitigated are acceptable by reason of the overriding concerns set forth in the Statement of Overriding Considerations (See Section IX). 1. The City Council of Morro Bay agrees to implement all mitigation measures recommended in the SLO EIR that mitigate or avoid the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve (See Attachment 1). 2. The City Council of Morro Bay will adopt a mitigation monitoring plan as discussed in Section X. • 3. The City Council of Morro Bay shall establish a fund sufficient to implement all aspects of the mitigation monitoring plan to be carried out by the City. The monies maintained in the fund shall be used to fund 1) completion of the mitigation monitoring plan; 2) implementation of the plan; and 3) City staff time associated with preparation of the plan and overseeing of the mitigation monitor(s). The mitigation monitoring program shall be revised as necessary to reflect any changes to the final conditions of approval or final mitigation measures and final design. IX. Statement of Overriding Considerations Impacts related to Coastal Branch, Phase II, which addresses importing water to the county, were addressed in the Coastal Branch EIR prepared by the Department of Water Resources, who was the Lead Agency. the site -specific impacts resulting from the local distribution lines and facilities were addressed in the SLO EIR prepared by the SLO County Flood Control District and Water Conservation District. The unavoidable adverse impacts resulting from the proposed project will occur as a result of construction and operation of both the Coastal Branch (Phase II) and the local distribution lines and facilities and • the supply of water to the City of Morro Bay. RESOLUTION 54-92 EXHIBIT A Page 11 In balancing the benefits of the proposed project against the • project's unavoidable adverse environmental impacts, the City of Morro Bay hereby determines that the benefits outweight the significant and unavoidable adverse environmental impacts and that these impacts are acceptable based on the following overriding considerations: A. Existing information indicates that there are no other supplemental water supply alternatives which can furnish water of sufficient quality and quantity to meet the needs of the City of Morro Bay. (SLO EIR). B. At present, there is no overall water supply system which links major population centers within the county, and there is no connection between the county water systems and the water systems in other parts of the state. As a result, at times of critical shortage the water purveyors of the county are isolated. The proposed project will provide a link with the statewide system and also provide a means to connect most of the major population centers within the county to one another, thereby allowing emergency backup and water exchange. (SLO EIR Section 3.3, p. 3-12, and SLO EIR Section 6.1.2, p. 6-3) C. The benefits of the project outweight the unavoidable • environmental effects; therefore, the unavoidable environmental effects are acceptable. X. Mitigation Monitoring Plan A. As lead agency for the SLO EIR, FCWCD will be required to adopt a mitigation and monitoring program for the local project. As lead agency for the Coastal Branch, Phase II, DWR will be required to adopt a mitigation and monitoring program for that part of the project. The mitigation monitoring program has been formulated based upon the premise that the earlier in the process environmental review occurs, the greater the potential for designing an environmentally sensitive project. The City of Morro Bay recommends that these preliminary mitigation monitoring programs be revised by FCWCD and DWR prior to commencement of construction, in consultation the Central Coast Water Authority, Department of Fish and Game, U.S. Fish and Wildlife Service, Department of Water Resources, and U.S.. Army Corps of Engineers. B. As a responsible agency, the City of Morro Bay will be responsible for preparing and implementing a mitigation monitoring program for the direct and indirect adverse environmental effects that result from the part of the project that it decides to carry out, finance, or approve, 0 as discussed in section VIII, CEQA General Findings, E-1 RESOLUTION 54-92 EXHIBIT A Page 12 through E-4. The City of Morro bay hereby commits itself to devising monitoring measures to ensure implement of the • approved mitigations. • 11 C RESOLUTION NO. 54-92 A RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY MAKING CERTAIN FINDINGS REGARDING THE COASTAL BRANCH (PHASE II) EXTENSION OF THE CALIFORNIA AQUEDUCT AND LOCAL PROJECTS, AND MAKING REQUIRED FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATIONS, WITH RESPECT TO SERVICE OF WATER TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a general law city organized under the laws of the State of California; WHEREAS, pursuant to the Ralph M. Brown Act constituting Chapter 9 of Part 1 of Division 2 of Title 5 (commencing with Section 54950) of the California Government Code this meeting was duly noticed; WHEREAS, the City of Morro Bay intends to enter into a water supply agreement (the "Water Supply Agreement") with the San Luis Obispo County Flood Control and Water Conservation. District (the • "District") and a water treatment and local facilities agreement (the "Water Treatment and Local Facilities Agreement") with the District; WHEREAS, a Final Environmental Impact Report, "State Water Project, Coastal Branch, Phase II, and Mission Hills Extension" Department of Water Resources, and all requirements of the California Environmental Quality Act ("CEQA) have been satisfied by the Coastal Branch EIR; and, WHEREAS, the city of Morro Bay has made certain environmental evaluations, findings, determinations, and a statement of overriding considerations, for City of Morro Bay participation in the State Water Project; and WHEREAS, Preliminary Design and a Final Environmental Impact Report, "State Water Project Coastal Branch (Phase II) Local Distribution Lines and Facilities" (SLO EIR) has been completed and certified by the District and all requirements of CEQA have been satisfied relating to the construction of the local distribution lines and facilities described in the SLO EIR; and, WHEREAS, it is the desire of the City of Morro Bay to approve those portions of said local distribution lines and facilities which lie within the City`s jurisdiction. Resolution 54-92 May 11, 1992 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The City Council of the City of Morro Bay hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to public affairs of the City of Morro Bay, and that the statements, findings and determinations of the City of Morro Bay set forth in the preambles above and of the documents approved herein are true and correct. Section. 2. The City Council of the City of Morro Bay as a Responsible Agency certifies that it has considered the Coastal Branch EIR and the environmental effects of the facilities as shown therein in reaching its conclusions. Section 3. The City Council of the City of Morro Bay as a Responsible Agency certifies that it has considered the SLO EIR and the environmental effects of the facilities as shown therein in reaching its conclusions; and. Section 4. The findings and statement of overriding considerations set forth in Exhibit "A" to this Resolution are incorporated by reference herein, and are hereby adopted and . determined to be true: and Section 5. This resolution shall take effect immediately. Upon the motion of Councilmember Wuriu , seconded by Councilmember Baker , and on the following roll call vote, to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAINING: None the foregoing Resolution is hereby,adopted,this llt-" ,day of May 1992. RO E E SHEE`I'Z,' ayor' ATTEST: . ARDITH DAVIS, City Clerk EXHIBIT A CEQA REQUIRED FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS DELIVERY OF STATE WATER TO THE CITY OF MORRO BAY PROJECT DESCRIPTION The project consists of a series of related projects intended to deliver water from the existing State Water Project terminus to the various participating water purveyors and users within San Luis Obispo County. The project presently under consideration includes delivery of up to 1313 afy of State Water to Morro Bay. II. TIERED/PROGRAM ENVIRONMENTAL IMPACT REPORT The California Environmental Quality Act (CEQA) and the implementing Guidelines provide for tiered or program environmental impact reports whereby a series of environmental documents, ultimately comprising a whole, are prepared for a series of actions which can be characterized • as one large project and are related geographically or as part of a chain of contemplated actions. The purpose of the program or tiered EIR is to ensure complete analysis and disclosure of the environmental impacts of the related actions and the cumulative impacts of the whole of those actions. The provisions of CEQA require that the first environmental impact report discloses the impacts of the general program; that document is followed by narrower or site -specific environmental documents which incorporate by reference discussion of the impacts of the prior, general document. Either environmental impact reports or negative declarations or a combination of both can be prepared subsequent to the first program environmental impact report. Subsequent environmental documents need not re-examine environmental impacts which have already been examined in a prior document within the tiered structure. Public Resources Code section 21068.5, 21094; CEQA Guidelines section 15152, 15168 and 15365. The California Department of Water Resources (DWR) prepared the first overall document of the program, entitled State Water Project. Coastal Branch, Phase II, and Mission Hills Extension Final Environmental Impact Report, completed May • 1991 (Coastal Branch EIR). The Coastal Branch EIR RESOLUTION 54-92 EXHIBIT A Page 2 • disclosed the impacts of the general program and included an analysis of the cumulative impacts and various growth inducement scenarios. DWR will construct the Coastal Branch extension through San Luis Obispo County to its terminus inside the Santa Barbara County Line as a State - sponsored project. In May 1991, DWR certified that the Coastal Branch EIR complied with CEQA. DWR's Coastal Branch EIR was followed by the preparation of the State Water Proiect Coastal Branch !Phase III Local Impact Report, completed March 1992 (SLO EIR). Preparation of the SLO EIR was funded by the San Luis Obispo County Flood Control and Water Conservation District (FCWCD, or the District)). The SLO EIR, which constitutes another tier within the program, contains site -specific information with regard to the local distribution lines and facilities which the District and Central Coast Water Authority (CCWA) propose to construct within San Luis Obispo County. The local distribution lines will provide service from the Coastal Branch pipeline to local water purveyors. The SLO EIR also provides site -specific information regarding the Polonio Pass Water Treatment Plant. Various project alternatives are explored, and additional information regarding growth inducement (not contained in the Coastal • Branch EIR) is provided. The City of Morro Bay is a responsible agency as set forth in CEQA and the State CEQA Guidelines, including Sections 15096 and 15381. III. THE RECORD OF PROCEEDINGS For the purposes of CEQA and the Findings identified in Sections V through X, the record of the proceedings of the City of Morro Bay relating to the proposed project included: 1. Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the City Council of the City of Morro Bay during the public hearing on the project. 2. Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the City during the March 23, 1992 and May 11, 1992 public hearings. 3. Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the RESOLUTION 54-92 EXHIBIT A Page 3 • FCWCD (County Board of Supervisors) during the March 25, 1992 public hearing on the local projects. 4. The State Water Project Coastal Branch (Phase II) Final Environmental Impact Report (Coastal Branch EIR) prepared for the 87 mile long, maximum 66 inch in diameter pipeline originating at Devil's Den in Kern County and terminating at Mission Hills in Santa Barbara County, which is comprised of the full Environmental Impact Report prepared and circulated in 1991, including the appendices. 5. The State Water Project Coastal Branch (Phase II) Local Distribution Lines and Facilities Final Environmental Impact Report (SLO EIR) prepared for the construction and operation of nine local water distribution pipelines, a water treatment plant, and two hydroelectric plants, which is comprised of the full Environmental Impact Report prepared and circulated in 1992, including the appendices. 6. Matters of common knowledge to the City Council of the City of Morro Bay which it considers, such as: • a. The City's General Plan and Local Coastal Program, the land use maps and elements thereof; b. The text of the Land Use Element; C. The California Environmental Quality Act (CEQA) and the State CEQA Guidelines implementing the act; d. The Morro Bay Guidelines for implementing CEQA; e. Morro Bay's Water Management Plan and related water studies and reports on file with the City of Morro Bay; f. Other formally adopted policies and ordinances of the City of Morro Bay. IV. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORTS 1. The City Council of Morro Bay makes the following findings with respect to the Coastal Branch EIR: a. The City Council of Morro Bay has reviewed and considered the Coastal Branch EIR and finds that it has been completed in compliance with the California . Environmental Quality Act (CEQA). CJ RESOLUTION 54-92 EXHIBIT A Page 4 b. The City Council of Morro Bay finds that the construction of the Coastal Branch, Phase II, the mitigation of the significant adverse environmental impacts associated with the Coastal Branch, Phase II, and consideration of certain project alternatives, are the responsibility of the Department of Water Resources (DWR), and are outside the jurisdiction and control of the City Council of Morro Bay. The City Council of Morro Bay recommends that the mitigation measures identified in the Coastal Branch EIR be adopted by DWR. With the exception of short-term noise, traffic, air quality, and aesthetic impacts, the mitigations, if adopted, would substantially lessen or avoid the impacts. City Council of Morro Bay makes the following findings with respect to the Local Distribution Lines and Facilities Final Environmental Impact Report (SLO EIR) certified on March 25, 1992, by FCWCD: a. The City Council of Morro Bay has reviewed and considered the SLO EIR and finds that it has been completed in compliance with the California • Environmental Quality Act (CEQA). b. The City Council of Morro Bay finds that the following are the responsibility of the Flood Control and water Conservation District, and are outside the jurisdiction and control of Morro Bay: (1) construction and operation of the Local Pipelines and Facilities, (with the possible exception of the minor pipeline extension within the City if constructed by the City); (2) except for the adoption of a water management plan or program, the mitigation of the significant adverse environmental impact associated with the Local Pipelines and facilities; (3) consideration of certain project alternatives. The City Council of Morro Bay recommends that the mitigation measures identified in the SLO EIR be adopted by FCWCD excepting therefrom, the water management plans and programs (Section 5.6b of the SLO EIR) (see Section V below). With the exception of potential adverse secondary growth and short-term air quality impacts, the mitigations, if adopted, would substantially lessen or avoid these impacts. V. FINDINGS FOR IMPACTS IDENTIFIED AS SIGNIFICANT AND UNAVOIDABLE Pursuant to the requirements of CEQA, the City Council of • Morro Bay hereby adopts the following findings which relate RESOLUTION 54-92 EXHIBIT A Page 5 • to the part of the project which the City Council of Morro Bay will approve and carry out: A. Growth Inducement 1. Impacts - Refer to Final SLO EIR pages 5-4, 5-14, and 18. 2. Findings - a. Certain changes or alterations have been required in, or incorporated into, the project which lessen the significant effects as identified in the Final SLO EIR, however, growth -inducing impacts may be residually significant. These residually significant impacts are acceptable by reason of the overriding concerns set forth in the Statement of Overriding Considerations (See Section IX). b. Other changes or alterations are within the responsibility of other public agencies and not the agency making the findings, such • changes are and should be adopted by such other agencies; C. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final SLO EIR (See Section VII). Growth inducing impacts may be residually significant. These impacts are acceptable by reason of the overriding considerations concerns set forth in the Statement of Overriding Considerations (See Section IX). 3. Discussion - Finding 3a• New growth that would occur as a result of the importation of State Water is extremely difficult to analyze. In order to provide as much information as possible, several growth scenarios were analyzed in both the Coastal Branch EIR and the SLO EIR. The DWR's environmental documentation dealing with delivery of State Water to San Luis Obispo County includes analyses of "Worst Case Scenarios," one of 0 which assumes that all the water delivered would be RESOLUTION 54-92 EXHIBIT A Page 6 • used for the development of new homes to house new people in the area (DWR scenario 3). The Coastal Branch EIR calculated that the water could support as many as 156,290 new residents in San Luis Obispo County. Another scenario analyzed in the Coastal Branch EIR (DWR scenario 1) assumed that project water would be used to offset urban groundwater usage. Yet another scenario analyzed assumed that project water would be used to offset the participants' proportionate share of groundwater overdraft (DWR scenario 2). The analysis in the Coastal Branch EIR was based on designated analysis units (DAU's). However, conditions in each water district suggested that a more detailed district -level analysis would be useful in estimating potential growth -inducing impacts. Based on a water supply and demand study prepared by the Co. Engineering Department, such an analysis was completed for the SLO EIR and included a discussion of the City of Morro Bay. Growth inducement, as used in CEQA, is not an environmental impact per se. It must be evaluated as • to potential, magnitude, and possible secondary impacts. This was done in the SLO EIR, which analyzed and summarized existing constraining issues and mitigations in each service area, including the City of Morro Bay. As pointed out in the FEIR the City of Morro Bay has an existing deficit of water and the water provided by this project will be used primarily to offset the existing deficit. Because the existing groundwater supply is limited and also declining it is likely even following the project there will still be a deficit or only a very limited supply of water for new development. However, water supply is only one limitation on growth in Morro Bay. Measure F, a citizens initiative adopted in the mid 1980's regulates growth within the city and establishes a maximum population. If the introduction of State Water provides any additional water beyond that already needed by existing development, any growth permitted will be limited by Measure F and the City's General Plan. The City of Morro Bay has an updated General Plan, the Land Use Element of which has been certified by the California Coastal Commission and is the functional RESOLUTION 54-92 EXHIBIT A Page 7 • equivalent of an EIR. No annexations nor land use intensifications are anticipated. The SLO EIR contains mitigation measure 5.6b, which requires certain mitigation measures with regard to growth. Mitigation measure 5.6b requires Morro Bay to make determinations as to whether an overdraft in a ground water basin exists and if it does, what is Morro Bay's proportionate share of that overdraft. These determinations can only be determined through the process of appropriative water rights applications pending before the State Water Resources Control Board or through adjudication. This process would require Morro Bay to initiate litigation with all those Governmental Entities and persons who claim an interest in the Chorro and Morro watersheds. Further the majority of water withdrawals in the Morro and Chorro basins occur as a result of private and institutional land uses upstream and beyond the control of the City Council of Morro Bay. The City Council of Morro Bay finds that mitigation measure 5.6b in the SLO EIR is not applicable to Morro • Bay nor is it feasible for Morro Bay to implement as more particularly set forth in the statement of overriding concerns. As required by State CEQA Guidelines, including Section 15091 and 15096(h), the City Council of Morro Bay hereby finds that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects which will result from growth associated impacts identified in the EIR. Even with these changes, impacts remain residually significant. these impacts are acceptable by reason of the overriding concerns set forth in Section IX, Statement of Overriding Considerations. Finding 3b• As was stated in the SLO EIR, control of growth and mitigation of potential environmental impacts resulting from growth in part lies outside the City's jurisdiction, and lies within the jurisdiction and control of other public agencies. Changes or alterations could be made in public policy, in those areas where growth could occur as a result of the project, to control, direct, and phase the growth, u RESOLUTION 54-92 EXHIBIT A Page 8 which would mitigate or avoid environmental impacts from growth. Findings 3c• Project water supply alternatives are discussed in the Coastal Branch and SLO EIR's. For reasons discussed in Section VII, the City Council of Morro Bay finds the "no project" and other water supply alternatives to be infeasible as alternatives to this project. Growth inducing impacts would be residually significant. These residually significant impacts are acceptable by reason of the overriding concerns set forth in Section IX, Statement of Overriding Considerations. VI. Findings for Cumulative Impacts Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City of Morro Bay hereby adopts the following findings: • A. The project and other development projects (including but not limited to the Coastal Branch, Phase II, project) will have cumulative impacts in San Luis Obispo County. The City Council of Morro Bay finds that the construction of the Coastal Branch, Phase II, and the mitigation of the significant adverse environmental impacts associated with the Coastal Branch Phase II, are the responsibility of the California Department of Water Resources, and/or the FCWCD, and are outside the City of Morro Bay's jurisdiction and control. The City of Morro bay recommends that the mitigation measures identified in the Coastal Branch EIR should be adopted by DWR and FCWCWD, and, if adopted, would substantially lessen or avoid these impacts. Taken together, these projects could have potentially significant cumulative impacts on geology, water resources, air quality, biology, transportation, aesthetics/visual resources, cultural resources, agriculture, public services, noise, and growth. Of these, air quality impacts are expected to be significant and unavoidable in the short-term, even after implementation of the mitigation monitoring program adopted by DWR and FCWCD. These impacts are related to the construction phase only. Although growth can result in adverse environmental impacts which would add to cumulative impacts, growth inducement 40 itself is not an environmental impact. Growth inducement RESOLUTION 54-92 EXHIBIT A Page 9 • is discussed in Section V of these findings. Impacts of the project have been avoided or substantially lessened with the incorporation of mitigation measures, but some residual cumulative air quality impacts may occur in San Luis Obispo County. Secondary impacts of growth could also remain. B. With regard to potential cumulative effects on the Sacramento Delta, DWR indicates that the project is independent of any additional modifications to State Water Project facilities (See Coastal Branch EIR, p. 103). The water delivered by the project has been reserved for many years for this delivery. Existing State Water Project supplies will be reallocated to accommodate the delivery. According to DWR and CCWA, the delivery to San Luis Obispo county and Santa Barbara county purveyors thought this project represents only about 3% of present State Water Project deliveries. According to DWR, the impact of the reallocation is minimal. The Coastal Branch project has been part of SWP planning since its inception in the 1960's and facilities within the sWP have been sized to accommodate the eventual operation of the project. Environmental and operational issues involved in the importation of water from the Sacramento -San Joaquin Delta • are evaluated in the South Delta Water Management Program DEIR/DEIS, issued June 1990. These issues are summarized in the Coastal Branch EIR. Because of the tiered nature of the environmental review for this project, neither the SLO EIR nor the City Council of Morro bay has reevaluated the potential for impacts on the Sacramento Delta. VII. Alternatives Pursuant to the requirements of the California Environmental Quality act (CEQA), the City Council of Morro Bay hereby adopts the following findings: A. Alternative Local Pipeline Routes and Water Treatment Plant Locations The SLO EIR analyzed certain alternative local pipeline alignments and alternative locations for the regional water treatment plant. Consideration of these alternatives is the responsibility of the FCWCD, and is outside the jurisdiction and control of the City of Morro Bay. B. Alternative Water Sources Morro Bay's alternative water sources are discussed in the SLO EIR. • RESOLUTION 54-92 EXHIBIT A Page 10 • The City Council of Morro Bay has considered water sources which potentially could provide additional water to Morro Bay. The City Council of Morro Bay finds that said alternative water sources do not provide sufficient water to satisfy the needs of the City, therefore, they do not provide an acceptable alternative to the project and are determined to be infeasible. VIII. CEQA GENERAL FINDINGS Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City Council of Morro Bay hereby adopts the following findings: A. The City Council of Morro Bay finds that changes or alterations have been incorporated into the project to mitigate or avoid significant impacts. These changes or alterations include the mitigation measures outlined herein and set forth in more detail in the mitigation monitoring program, and in the project EIR's. B. The City Council of Morro Bay further finds that specific economic, social, or other considerations make infeasible • certain of the alternatives suggested and analyzed in the project EIR's. These considerations are more fully discussed in the Coastal Branch and SLO EIRs and in previous sections of this document that address the unacceptable alternatives. C. The City Council of Morro Bay finds that the project as approved includes the mitigation program with the deletion of mitigation measure 5.6b, adopted simultaneously herewith. This mitigation program includes measures which avoid or substantially lessen the significant project impacts, as required by CEQA. D. The City Council of Morro Bay adopts the following mitigations for the project. With the adoption of these mitigations, the City finds that the environmental impacts associated with the project are at least partially mitigated. Those adverse environmental impacts that are not mitigated are acceptable by reason of the overriding concerns set forth in the Statement of Overriding Considerations (See Section IX). 1. The City Council of Morro Bay agrees to implement all mitigation measures recommended in the SLO EIR that mitigate or avoid the direct or indirect environmental effects of those parts of the project which it decides 0 to carry out, finance, or approve (See Attachment 1). RESOLUTION 54-92 EXHIBIT A Page 11 2. The City Council of Morro Bay will adopt a mitigation monitoring plan as discussed in Section X. 3. The City Council of Morro Bay shall establish a fund sufficient to implement all aspects of the mitigation monitoring plan to be carried out by the City. The monies maintained in the fund shall be used to fund 1) completion of the mitigation monitoring plan; 2) implementation of the plan; and 3) City staff time associated with preparation of the plan and overseeing of the mitigation monitor (s). The mitigation monitoring program shall be revised as necessary to reflect any changes to the final conditions of approval or final mitigation measures and final design. IX. Statement of Overriding Considerations Impacts related to Coastal Branch, Phase II, which addresses importing water to the county, were addressed in the Coastal Branch EIR prepared by the Department of Water Resources, who was the Lead Agency. the site -specific impacts resulting from the local distribution lines and facilities were addressed in • the SLO EIR prepared by the SLO County Flood Control District and Water Conservation District. The unavoidable adverse impacts resulting from the proposed project will occur as a result of construction and operation of both the Coastal Branch (Phase II) and the local distribution lines and facilities and the supply of water to the City of Morro Bay. In balancing the benefits of the proposed project against the project's unavoidable adverse environmental impacts, the City of Morro Bay hereby determines that the benefits outweigh the significant and unavoidable adverse environmental impacts and that these impacts are acceptable based on the following overriding considerations: A. Existing information indicates that there are no other supplemental water supply alternatives which can furnish water of sufficient quality and quantity to meet the needs of the City of Morro Bay. (SLO EIR). B. At present, there is no overall water supply system which links major population centers within the county, and there is no connection between the county water systems and the water systems in other parts of the state. As a result, at times of critical shortage the water purveyors of the county are isolated. The proposed project will provide a • link with the statewide system and also provide a means to RESOLUTION 54-92 EXHIBIT A Page 12 • connect most of the major population centers within the county to one another, thereby allowing emergency backup and water exchange. (SLO EIR Section 3.3, p. 3-12, and SLO EIR Section 6.1.2, p. 6-3) C. The benefits of the project outweigh the unavoidable environmental effects; therefore, the unavoidable environmental effects are acceptable. X. Mitigation Monitorina Plan A. As lead agency for the SLO EIR, FCWCD will be required to adopt a mitigation and monitoring program for the local project. As lead agency for the Coastal Branch, Phase II, DWR will be required to adopt a mitigation and monitoring program for that part of the project. The mitigation monitoring program has been formulated based upon the premise that the earlier in the process environmental review occurs, the greater the potential for designing an environmentally sensitive project. The City of Morro Bay recommends that these preliminary mitigation monitoring programs be revised by FCWCD and DWR prior to commencement of construction, in consultation the Central Coast Water Authority, Department of Fish and Game, U.S. Fish and • Wildlife Service, Department of Water Resources, and U.S.. Army Corps of Engineers. B. As a responsible agency, the City of Morro Bay will be responsible for preparing and implementing a mitigation monitoring program for the direct and indirect adverse environmental effects that result from the part of the project that it decides to carry out, finance, or approve, as discussed in section VIII, CEQA General Findings, E-1 through E-4. The City of Morro bay hereby commits itself to devising monitoring measures to ensure implement of the approved mitigations. 0 EXHIBIT A CEQA REQUIRED FINDINGS • AND STATEMENT OF OVERRIDING CONSIDERATIONS DELIVERY OF STATE WATER TO THE CITY OF MORRO BAY PROJECT DESCRIPTION The project consists of a series of related projects intended to deliver water from the existing State Water Project terminus to the various participating water purveyors and users within San Luis Obispo County. The project presently under consideration includes delivery of up to 1313 afy of State Water to Morro Bay. II. TIERED/PROGRAM ENVIRONMENTAL IMPACT REPORT The California Environmental Quality Act (CEQA) and the implementing Guidelines provide for tiered or program environmental impact reports whereby a series of environmental documents, ultimately comprising a whole, are prepared for a series of actions which can be characterized as one large project and are related geographically or as part of a chain of contemplated actions. The purpose of the program or tiered EIR is to ensure • complete analysis and disclosure of the environmental impacts of the related actions and the cumulative impacts of the whole of those actions. The provisions of CEQA require that the first environmental impact report discloses the impacts of the general program; that document is followed by narrower or site -specific environmental documents which incorporate by reference discussion of the impacts of the prior, general document. Either environmental impact reports or negative declarations or a combination of both can be prepared subsequent to the first program environmental impact report. Subsequent environmental documents need not re-examine environmental impacts which have already been examined in a prior document within the tiered structure. Public Resources Code section 21068.5, 21094; CEQA Guidelines section 15152, 15168 and 15385. The California Department of Water Resources (DWR) pi the first overall document of the program, entitled Extension Final Environmental Impact Report, completed May 1991 (Coastal Branch EIR). The Coastal Branch EIR disclosed the impacts of the general program and included an analysis of the cumulative impacts and various growth • inducement scenarios. DWR will construct the Coastal RESOLUTION 54-92 EXHIBIT A Page 2 Branch extension through San Luis Obispo County to its terminus inside the Santa Barbara County Line as a State - sponsored project. In May 1991, DWR certified that the Coastal Branch EIR complied with CEQA. DWR's Coastal Branch EIR was followed by the preparation of the State Water Project Coastal_ Rranch !Phase III Local Impact Report, completed March 1992 (SLO EIR). Preparation of the SLO EIR was funded by the San Luis Obispo County Flood Control and Water Conservation District (FCWCD, or the District)). The SLO EIR, which constitutes another tier within the program, contains site -specific information with regard to the local distribution lines and facilities which the District and Central Coast Water Authority (CCWA) propose to construct within San Luis Obispo County. The local distribution lines will provide service from the Coastal Branch pipeline to local water purveyors. The SLO EIR also provides site -specific information regarding the Polonio Pass Water Treatment Plant. Various project alternatives are explored, and additional information regarding growth inducement (not contained in the Coastal Branch EIR) is provided. The City of Morro Bay is a responsible agency as set forth in CEQA and the State CEQA Guidelines, including Sections 15096 and 15381. • III. THE RECORD OF PROCEEDINGS For the purposes of CEQA and the Findings identified in Sections 5 through 10, the record of the proceedings of the City of Morro Bay relating to the proposed project included: Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the City Council of the City of Morro Bay during the public hearing on the project. 2. Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the City during the March 23, 1992 and May 11, 1992 public hearings. Documentary and oral evidence, testimony, and staff comments and responses received and reviewed by the FCWCD (County Board of Supervisors) during the March 25, 1992 public hearing on the local projects. 4. The State Water Project Coastal Branch (Phase II) Final Environmental Impact Report (Coastal Branch EIR) prepared for the 87 mile long, maximum 66 inch in diameter pipeline originating at Devil's Den in Kern RESOLUTION NO. 53-92 A RESOLUTION OF SUPPORT FOR SB710 (MELLO) A $263 MILLION BOND ACT ENTITLED THE COASTAL AND RIPARIAN RESOURCES BOND ACT OF 1992 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, SB710 is being studied by various Assembly and Senate Committees for placement on the June 1992 ballot; and WHEREAS, SB710 the Coastal and Riparian Resources Bond Act of 1992 would provide $263 million to agencies to finance various coastal and riparian resources programs of great benefit to all Californians; and WHEREAS, Many coastal wetlands, watersheds, and riparian corridors of the State, including Morro Bay have been severely degraded and are in need of financial and technical assistance leading to restoration, and SB710 directly addresses these problems. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay supports SB710, the Coastal and Riparian Resources Bond Act of 1992 and urges approval by the legislature, Governor and State's voters. • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 11th day of May, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: � ARDITH DAVIS, City Clerk • ROSE MARIE SHEETZ,�Mayor • RESOLUTION NO. 52-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND AMENDING THE CITY MASTER FEE SCHEDULE TO INCLUDE RETROFIT APPLICATION FEES 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 27th day of April, and the 11th day of May, 1992, did hold duly noticed PUBLIC HEARINGS to consider an Amendment to the City Master Fee Schedule to include Retrofit Application Fees; and WHEREAS, the Environmental Coordinator determined that the Amendment is exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said PUBLIC HEARINGS, 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 Council finds that the Retrofit Application fees were not included in the 1991-92 Master Fee Schedule; and 2. The City Council by adoption of Resolution No. 45-92 approved a • Water Allocation Program for the year 1992 which requires applicants to perform off -site retrofits to earn water equivalencies; and 3. The City Council has reviewed the Retrofit Application fees, taking into account the annual charges in personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related service. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and 2. That the Council does hereby amend the City Fee Schedule to include Retrofit Application Fees as follows: a. Application Processing Fee: $200 per application b. Inspection Fee: $25.00 per residence on application. C. Non residential applications, or a combination of residential and non-standard: $200.00 application fee, plus a $30.00 per hour charge to cover the analysis and • inspections. City Council Resolution No. 52-92 • Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the llth day of May, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk • E ROSE MARtE SHEETZ, yor RESOLUTION NO. 51-92 APPROVING COUNTY OF SAN LUIS OBISPO AGREEMENT FOR COLLECTION OF SPECIAL TAXES AND ASSESSMENTS T H E C I T Y C O U N C I L City of Morro Bay WHEREAS, on April 13, 1981 the City executed an "Agreement for Collection of Special Taxes and Assessments" with the County of San Luis Obispo: and WHEREAS, this has proved to be an efficient and effective method of collection of assessments, and the City wishes to continue this arrangement: and WHEREAS, the fees for collection of these revenues are legally the expense of the property owner paying the assessment, rather than the City: and WHEREAS, the County has examined its costs for property tax collection in light of SB 2557, and has carefully allocated costs related to special taxes and assessments, which are paid by the property owner, and general taxes which are paid by the City: and WHEREAS, The County has determined an increase from one dollar to two dollars per assessment is appropriate. • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council hereby approves the attached Agreement for Collection of Special Taxes and Assessments, and authorizes the Mayor to sign said agreement on behalf of the City. PASSED, APPROVED AND ADOPTED on this lath day of May, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None /ROSE MARIE SITEETZ, M r ATTEST: ARDITH DAVIS, City Clerk E RESOLUTION NO. 50-92 RESOLUTION T❑ AWARD BID NO. PW 91-OLf FOR WEED ABATEMENT SERVICES TO MR. JACK BRIDWELL, ATASCADERO, CA. T H E C I T Y C O U N C I L City ❑f Morro Bay, California WHEREAS, the City of Morro Bay publicly advertised and opened bids for said services on April 21, 1992, and WHEREAS, the Department of Public Works recommends the award of said contract t❑ Mr. Jack Bridwell ❑f Atescadero, Ca, as the lowest responsive and responsible bidder; and • NOW, THEREFORE, BE IT RESOLVED by the City Council ❑f the City ❑f Morro Bay that Mr. Jack Bridwell ❑f Atascadero, Ca. be hereby awarded the contract For weed abatement tractor mowing in the amount ❑f $3.75 per hour per foot width of cut. PASSED AND ADOPTED by the City Council ❑f the City ❑f Morr❑ Bay at a regular meeting thereof held the llth day ❑f May, 1992, by the Following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST= • AROITH DAVIS, City Clerk } • RESOLUTION NO. 49-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS, UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A 3 UNIT CONDOMINIUM CONVERSION T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CDP 55-91/CUP 38-91/PM 02-92 WHEREAS, The Planning Commission of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on the 18th day of February, 1992 to consider the request of Standlee and Barbara Greening for a Conditional Use Permit, Coastal Development Permit and Tentative Parcel Map to allow the conversion of an existing three (3) unit apartment complex into three (3) condominium units located at 440 Shasta in the R-2 District, more fully described as: APN: 66-187-10; CERRITO ADDITION City of Morro Bay, County of San Luis Obispo State of California WHEREAS, following the Public Hearing, and all testimony offered the Planning Commission did approve the request with conditions; and •WHEREAS, on the 24th day of February, 1992 Mr. and Mrs. Greening appealed the Planning Commission's action to the City Council, with regard to Condition No. 11 of said approval; and WHEREAS, The City Council of the City of Morro Bay, on the 23rd day of March, and the 27th day of April, 1992 did hold duly noticed PUBLIC HEARINGS to consider the appeal; and 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, at said PUBLIC HEARING, after considering the staff report, minutes of the Planning Commission hearing, and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That State Law Government Code Section 65590 prohibits the conversion of affordable units into condominiums unless the affordable units are replaced either on -site or off -site; and 2. That the City currently has four units available to be converted based upon based upon the provisions allowing conversions of one- half of the average number of units constructed over the previous five years;and E City Council Resolution No. 49--92 Page Two 3. That Municipal Code Section 17.49.030.1 requires the density of R-2 District be met if a community housing project is to be approved; and 4. That the City Council agrees to abandon portions of the adjoining right-of-way in an amount of land area which would allow three units to conform to code, in exchange for an irrevocable offer by the applicant for the exact same portion of said property; and 5. That the project as conditioned is in conformance with the General Plan and certified Local Coastal Program (LCP); and 6. That the project as conditioned is in conformance with the Zoning Ordinance provision of affordable housing on -site; and 7. That said street abandonment and irrevocable offer to dedicate shall be consistent with the standards for streets and street right-of-way contained in the Circulation Element and adopted Standards. •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 of Case No. CUP 38-91/CDP 55-91/PM 02-91 and modify the Planning Commission's approval action with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the IIth.day of May , 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST • ARDITH DAVIS, City Clerk • CONDITIONS OF APPROVAL CASE NO. CDP 55-91/CUP 38-91/PM 02-91 A. GENERAL STANDARD CONDITIONS Exhibits: This request for Parcel Map, Conditional Use Permit and Coastal Development Permit is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Inaugurate Within Two Years: Unless the Map is recorded 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. Conditions of Approval . Case No. CDP 55-91/CUP 38-91/PM 02-91 Page Two 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 1. 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. 2. Undergrounding of Utilities: All new utilities including electrical, telephone and cable television shall be installed underground. 3. Exterior Lighting: The exterior lighting system shall comply with Exhibit(s) and the system shall be low level with a height of fixture not to exceed a maximum of 20 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. 4. Water Equivalencies: a. Prior to recordation of the Final Map, the Community Development Director shall verify that the necessary water equivalencies have been met 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. Laundry Facilities: Individual or common laundry facilities shall be provided. 6. Central Mail Area: One central mail drop off and pick up area shall be provided. 7. Garage Storage. Each unit shall be provided with enclosed, weather -proofed and lockable storage space exclusive of cabinets and closets within the unit. • • Conditions of Approval Case No. CDP 55-91/CUP 38-91/PM 02-91 Page Three 8. Noise Insulation: Noise reduction between units must meet section 17.49.100 B1 and 2 standards. 9. CC&Rs: CC&Rs shall be submitted to the City for approval of the Director and the City Attorney. Said CC&Rs shall include provi- sions for maintenance of on -site grounds and landscaping and irrigation systems within the public parkway. Said CC&Rs shall include provisions for the continual upkeep and repair of the ex- terior of the buildings and landscaping and shall prevent the enclosure of any exterior deck or patio area with walls or roofs. 10. Parking and Driveway Access: Guests and emergency vehicles shall be provided with immediate access to on -site parking areas. 11. Elimination of Affordable Units Requirements: The City Council agrees to abandon a portion of the street right-of-way adjacent to the property providing adequate property to provide conformity of land area for three condominium units, in exchange for an irrevocable offer by the Applicant for the exact same portion of said property. Said irrevocable offer shall be approved by the . City Attorney. Pursuant to State Law, affordable units may only be required if other demolitions or conversions exceed the five units available for demolition or conversion in 1992 or as may be available in future years based upon the code requirements allowing one-half of the average of the previous five years to be converted or demolished within any year. Those units will be available to the applicant on a basis equal to any other projects already approved or yet to be approved. C. LANDSCAPING CONDITIONS 4. Timing of Landscapina• 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. 5. 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. • Conditions Of Approval • Case No. CDP 55-91/CUP 38-91/TM 02-91 Page Four D. PUBLIC WORKS CONDITIONS 1. Curb, Gutter & Sidewalks: The applicant shall make repairs and modifications to the street frontage as required by Municipal Code and directed by the City Engineer. All improvements shall be constructed to City standards and at the applicant's cost. 2. 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. 3. Non -Protest Agreement: The property owner 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. 4. Additional Water Meters: A separate water meter shall be required for each unit and one meter shall be required for the landscaping in accordance with the City's Standard Drawings and Specifications. • 5. Street Trees: Street trees shall be provided per code. The required street trees may be permitted to be grouped in a manner to be approved by the Director and City Engineers. Street trees shall be provided based upon the standards contained in the Subdivision Regulations. (Refer to Condition C-1) 6. Street Abandonment: A street abandonment and irrevocable offer to dedicate approximately two (2) feet on Shasta Avenue and four (4) feet on Vista Avenue shall be subject to consistency review by the Planning Commission and approval by City Public Works Director prior to City abandonment. A minimum of three trees of a species approved by the Director of Community Development shall be provided in or adjacent to the right of way and an easement for the area being abandoned shall be recorded providing for public utilities and other public facilities. 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. 2. 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. • 5. Fire Extinguishers: All fire extinguishers shall be installed in accordance with National Fire Protection Association Standard #10. 7 0 x 0 z V LU W 7 Avm J13NIa 09 '3AV r 59 go '3A-q Ol U) % M J IQ z 31O 1 m VISVHS n onO )T;T Q 11 2 t T _T LO-F A j Au cp Uaw cl z: JO 4O 09 0 w Lwi mN -1 NW 1l3b3lNOA 7 SASE NO. L 8 i �3�115 'd1SdHs • 1u? N-il Co P ss-� E N0. Vm oz IBIT � — <v�pOOKf F\ P vnl�h L vtV ryl� 2 N 3� � d — ut r O � W 4 � K < O j � oo=o< w- � �J JJJJJw- 66¢46V2 4 ! w I. S � 1 r 1 F V-.�� � I .i-! � $��C� Sf { rl I f �•r_ i F .'c' 4 2r.:. 1J]-^ .C`.e� I q�IT�y'vr5'`.'>i. ..{jj�`.. �_. N a. .t ✓ _.i,�2 1 } "O \7 ri _ `E� y it I5i �� y s, _!�. T �,�lw`?1'�\+ ��ti• y +J% � 9''," G �l t I i f ) " CS .c � r. c i♦e 1 --.�--.. + ,�'-�•e .a wac..73'w, :., .--ramp ..emu." \ .t4 Y -� -- a•--. I :' I .1 —^— a �..„'-----•� - ♦ I :j I G f cr t i i•' � I -�- 1 -, A 3f� y! CrJP 1 Q% ,—F CJ LJ u r 0 � v z N � < U < AI'JJ N1.Y/N ww� ° F k 15 b1SbHS a ° CASE NO. Pm oa--4�_ l � F o 0 RESOLUTION NO. 48-92 RESOLUTION AWARDING REQUEST FOR PROPOSALS NO. PW92-097 TO OPERATE AND MANAGE MORRO BAY DIAL -A -RIDE TO MAYFLOWER CONTRACT SERVICES, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, City implemented on May 2, 1977 Morro Bay Dial -A -Ride (MBDAR), a many -to -many, demand -response general public transit system; and WHEREAS, MBDAR has been operated and managed by private transit contractors since its inception; and WHEREAS, City currently has an Interim Agreement with Medi-Ride, Inc. to operate and manage MBDAR; and WHEREAS, it is in the public interest for City to continue to operate MBDAR and secure a long-term contract with a qualified transit contractor to operate and manage MBDAR to obtain cost advantages and stability; and WHEREAS, proposals were solicited to operate and manage MBDAR; and • WHEREAS, two proposals were received by the submittal deadline of 5:00 p.m., April 21, 1992; and WHEREAS, said proposals have been reviewed and Mayflower Contract Services, Inc. of Martinez, California has been determined to be the most responsible and responsive proposer and also proposed the lowest cost; and WHEREAS, Mayflower Contract Services, Inc. has the management and technical experience, expertise, personnel, and other assets necessary to operate and manage MBDAR; and WHEREAS, City desires to retain Mayflower Contract Services, Inc. to operate and manage MBDAR for a five-year term (July 1, 1992 through June 30, 1997) with an option at City's sole discretion to extend said Agreement up to an additional three years; and WHEREAS, Mayflower Contract Services, Inc. desires to provide said services to City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Request for Proposals No. PW92-097 to operate and manage MBDAR is hereby awarded to Mayflower Contract Services, Inc. of • Martinez, California. 2. The MBDAR Operations Agreement between City and Mayflower • Contract Services, Inc. for the period July 1, 1992 through June 30, 1997 with an option at City's sole discretion to extend the Agreement up to an additional three years, attached hereto and incorporated herein by reference, is hereby approved. 3. The City Administrator is hereby authorized to sign said Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the lath day of May, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: • ARDITH DAVIS, City'Clerk MCU/LC:TRANSIT91-1:48-92 0 RESOLUTION NO. 47-92 • RESOLUTION AUTHORIZING ENTERING INTO INTERAGENCY AGREEMENTS FOR SUPPLY, TREATMENT AND DELIVERY OF POTABLE WATER FROM THE STATE WATER PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in a binding election held in December, 1991, the voters of Morro Bay determined it to be in the best public interest to request delivery of a minimum of 1,313 acre feet per year of water from the State Water Project; and WHEREAS, to provide for the will of the public, it is necessary to enter into agreements with the San Luis Obispo County Flood Control and Water Conservation District (SLOCFCWCD) for supply of water from the State Water Project and for water treatment and local delivery facilities; and WHEREAS, the City has made known its objections to paragraph 6(b) of the agreement for supply of water from the State Water Project; and WHEREAS, time is of the essence. . NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that the above -referenced Agreements are hereby approved as modified by striking paragraph 6(b) of the water supply agreement; and BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay is hereby authorized to sign the modified Agreements on behalf of the Citizens of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the 11th day of May, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: .�_-�-- . ARDITH DAVIS, City Clerk • RESOLUTION NO. 45-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND AMENDING THE WATER ALLOCATION PROGRAM FOR 1992 AND RELATED OPERATING PROCEDURES 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 27th day of April, 1992, and the llth day of May, 1992 did hold duly noticed PUBLIC HEARINGS to consider amending Resolutions 04-92 and 03- 88 and allow for a water allocation program to meet Measure F limits in 1992; and WHEREAS, at said PUBLIC HEARING, the Council considered a report from the Community Development Director supporting continued use of the offsite retrofit program for new development; and 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, the Council initially set the mix of residential units for 1992 at 50 single family and 20 multifamily units for a total of • 70 units in accordance with Measure F limits; and WHEREAS, the Council withheld any new water allocations in 1992 due to concerns as to the conditions of the City's ground water supply; and WHEREAS, on February 24, 1992 the Council indicated a desire upon conclusion of the winter rainy season to again consider the condition of the ground water supply and the possibility of releasing water allocations; 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 Council of the City of Morro Bay hereby receives and accepts the additional oral and written reports by the Acting Public Works Director and the Community Development Director; and 2. The City Council hereby amends Resolution No. 05-92 as follows: a. Allocates water under the offsite retrofit program for 50 single family residential and 27 multifamily residential units for a total of 77 residential dwelling units in accordance with Measure F. u Resolution No. 45-92 Page T#1=ee rW0 3. The City Council hereby amends Resolution No. 03-88, Item l.f, the long term waiting list operating procedures as follows: "If an individual group, or entity declines to accept an allocation when made by the City, their position shall remain intact on the list.-isi��-€e�3-3xn-tire-iingi�rrely-and 8-flCFY-fl�S'lit`Ettil77YiRlYB'��i��R$dC-BnP�-M3��-�e-�}l8£`�"-flit ''�°�'-Cn�-®f 4. The City Council amends Resolution No. 03-88 by the addition of Section l.i. as follows: l.i The City of Morro Bay shall notify each applicant on the long term list, within the allocation limits set by Council. by notify the next applicant in line. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City . of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby amend Resolutions 04-92 and 03-88 as stated herein. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the llth day of May, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MAtqE SHEETZ, iayor ATTEST: ARDITH DAVIS, City Clerk 0 Resolution No. 44-92 A RESOLUTION COMMENDING WILLIAM H. FARREL FOR HIS SERVICES AS COMMUNITY DEVELOPMENT DIRECTOR The City Council City of Morro Bay, California `L WERE `A$, William "Bill" Farrel commenced employment with the City of Morro Bay on 03 November 1986 as the City's fifth Community Development Director responsible for managing the planning and building activities of the City; and WHEREAS, during his tenure, Mr. Farrel initiated and processed numerous amendments to the City's Local Coastal Program/Land Use Plan, assisted in the development of an updated Circulation Element and Noise Element of the City General Plan, and directed the completion of the North Main Street Specific Plan introducing the zoning concept of "mixed use" to the City; and `WHEREAS, Mr. Farrel administered the City's complex water equivalency and off -site retrofit programs, co-authored the City'sAnnual Water Report, and initiated work on a ParkingManagement Plan and a Waterfront Specific Plan; and `WXERE-qS, Mr. Farrel was directly involved in the processing of several of the largest development projects in the City's history, namely the Williams Brothers Markets' Creekside Shopping Center, the Cloisters Residential Subdivision, the Waterman Center Project on the waterfront, and the City's emergency desalination plant; and 'KWEREAS, after 5.5 years as the longest -tenured Community Development Director ever of Morro Bay, Mr. Farrel has accepted employment with Butte County as their Director of Development Services. NOW, TIEREFORE, BE 17RE50L LD thatthe City Council of Morro Bay, California, does hereby extend its appreciation and gratitude to William H. Farrel for his valued services and efforts to the City of Morro Bay, and does hereby wish he and his family much happiness and success in Butte County, California. (PASSED AND ADOTTLD, by the City Council of the City of Morro Bay on the 27th day of April 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST ARDITH DAVIS, City Clerk The City of Mono Be is dedicated to the preservation and errberncement of t& quality of We wkicic ace all enjoy. Wz are co=nitttd w this pwpxe and wia I provide a (evtlofmtutidpd sm,&e comsistent and mpotuive to our pubdc arul its needs. 11 RESOLUTION NO. 43-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. RP 91-03: PARK IRRIGATION • REPLACEMENT - MORRO BAY "CITY" PARK AND MONTE YOUNG PARK TO DENNIS LANDSCAPING COMPANY T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, it is in the best interest of public welfare to cause the construction of updated and improved irrigation facilities for conservation of water at Morro Bay "City" Park and Monte Young Park; and, WHEREAS, funding from the City's General Fund has been secured for this project; and, WHEREAS, construction bids have duly solicited and received; and, WHEREAS, the lowest response bid was submitted by Dennis Landscape Company of San Luis Obispo, California; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California that the construction contract for Project No. RP 91-03: Park Irrigation Replacement - Morro Bay "City" Park and Monte Young Park is herewith awarded to Dennis Landscape Company • of San Luis Obispo in the amount of $22,986.39 to include the base bids at each park and alternates no. 1, 2, 3 at Morro Bay "City" Park and alternates no. 1 and 2 and Monte Young Park; and, BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay be authorized to execute the contract on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27th day of April, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE AARIE 91ftTZ MAYOR ATTEST: ARDITH DAVIS CITY CLERK . RESOLUTION NO. 42-92 AUTHORIZATION TO FILE A GRANT APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE RECONSTRUCTION OF THE TIDELANDS PARK LAUNCH RAMP DOCKS/ACCESS WAYS AND REPAVING OF THE TIDELANDS PARK PARKING LOT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State Department of Boating and Waterways provides grants to cities, counties and districts for the development of small craft harbor facilities and boat launch ramps; and WHEREAS, the City of Morro Bay Tidelands Park launch ramp docks and access ways and parking lot are deteriorated and in need of repair and replacement; WHEREAS, the City of Morro Bay is desirous of reconstructing the Tidelands Parks launch ramp docks/access ways and repaving of the Tidelands Park parking lot to meet the needs of the boating public in the surrounding area; and WHEREAS, the City of Morro Bay has prepared a feasibility study and completed initial environmental review of the project; and • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay, by the adoption of this Resolution, hereby requests a grant from the Department of Boating and Waterways in the amount of $210,000 for the reconstruction of the Tidelands Park launch ramp docks/access ways and repaving of the Tidelands Park parking lot. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of April, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SH TZ, MAYOR • ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 41-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS TO AMEND THE NOISE ELEMENT CONSISTENT WITH STATE LAW THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 2nd and 16th day of March, 1992, held a duly noticed PUBLIC HEARING to consider the City initiated request to amend the Noise Element of the General Plan and on March 16th recommended adoption of said revisions to the City Council, and WHEREAS, the City Council of the City of Morro Bay, California, on the 13th day of April 1992, held a duly noticed PUBLIC HEARING to consider the City initiated request to amend the Noise Element of the General Plan; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the project has been found to qualify for a Negative Declaration and no further • documentation is deemed necessary; and 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 recommendations of the Planning Commission, the City Council did find the following facts and reasons to justify its action in this matter; 1. The proposed amendments to the Noise Element are consistent with state law; in particular Section 65302 (f) of the California Government Code; and 2. The proposed amendments to the Noise Element are consistent with the other adopted elements of the City's General Plan; and 3. The amendment is in conformance with the General Plan and certified Local Coastal Program (LCP and Zoning ordinance. • 11 RESOLUTION NO. 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 City Council in this matter; and, 2. That the City Council does hereby grant approval of the Noise Element of the General Plan. PASSED, APPROVED, AND ADOPTED, on the 13th day of April, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None • ATTEST: Ardith Davis, City Clerk • s • VI. NOISE ELEMENT A. Authority and Purpose - VI -I B. Existing Conditions and Issues 1. Existing Conditions 2. Issues a. Explanation of Noise Level Scales b. Definitions C. General Effects of Noise d. Effects of Noise in Morro Bay e. Overview of Sources f. Noise Control Strategies g. Land Use Compatibility Standards C. Objectives, Policies and Programs 41 D. Implementing Measures • . NOISE ELEMENT LIST OF FIGURES Figure N-1 Typical Noise Level. Ranges N-2 Land Use Compatibility for New Development Near Transportation Noise Sources LIST OF TABLES TABLE N-1 Hearing Damage Risk Criteria N-2 Summary of Noise Levels, Adequate Margin of Safety N-3 Adjustments to Traffic Noi.ge Exp:-.-ure for 'nc. �rn • _. � �.n ^. t �_�, n.,r...c� ("v. ^.:1Y2 -.. CY:x�'. .rt i+._-at i.^.. N-5 Maximum Allowable Noise Exposure s nurnn� • • VI. - Noise Element A. Authority and Purpose The Noise Element of the General Plan is a planning document which provides policy framework within which potential noise impacts may be addressed during project review and long range planning. The State of California Government code requires all cities to prepare and adopt a Noise Element which "shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall analyze and quantify to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources: 1. Highways and freeways 2. Primary arterials and major local streets 3. Railroad operations 4. Aircraft and airport operations 5. Local industrial facilities • 6. other stationary sources Noise sensitive uses that have been identified by the city are the following: 1. Residential development 2. Schools 3. Hospital, nursing homes 4. Churches 5. Meeting halls, auditoriums, music halls, theaters, libraries 6. Transient lodging - motels and hotels 7. Playgrounds, parks S. Offices This element has been adopted by Morro Bay in conformance with Section 65342 (f) of the California Government Code. The Noise element consists of this Policy Document, a Technical Reference Document and an Acoustical Design Manual. 1 • The separate Technical Reference Document provides detailed information concerning methods used to define existing and future noise exposure within Morro Bay. The separate Acoustical Design Manual provides standard noise mitigation packages which may be used under some circumstances to comply with the policies of the Noise Element. It also contains background information to assist staff and the general public in evaluating the effectiveness of proposed noise mitigation measures. The City also has noise criteria and measures of enforcement contained within the municipal code. The noise level standards of a noise ordinance should be consistent with the adopted policies of the Noise Element to achieve consistency in the implementation of noise control programs, and to provide industry with design criteria for future development or expansion. The Noise Element is intended to serve as Morro Bay's general guide in public and private development matters related to outdoor noise. The basic goal of the Element is to outline a comprehensive plan to achieve and maintain a noise environment that is compatible with a variety of human activities in different land uses. To achieve this goal, the Element provides a quantitative estimate of noise exposures, land use noise standards, and • recommended policies for controlling noise. This information is intended for use in conjunction with other adopted policies of the General Plan, particularly those of the Circulation, Land Use, and Housing Elements. (N Modified 1.1) The contents of the Noise Element and the methods used in its preparation have been determined by the requirements of Section 65302 (f) of the California Government Code and by the Guidelines for the Preparation and Content of Noise Elements of the General Plan prepared by the California Department of Health Services and included in the 1990 State of California General Plan Guidelines, published by the State Office of Planning and Research. The Guidelines require that major noise sources and areas containing noise -sensitive land uses be identified and quantified by preparing generalized noise exposure contours for current and project conditions. Contours may be prepared in terms of either the Community Noise Equivalent Level (CNEL) or the Day -Night Average Level (Ldn), which are descriptors of total noise exposure at a given location for an annual average day. The CNEL and Ldn are generally considered to be equivalent descriptors of the community noise environment within plus or minus 1.0 dB. since noise sources and levels are constantly changing, there should be periodic updates as new conditions evolve. The technical data contained in this document were obtained in 1991 so current conditions may differ due to subsequent increases in traffic and . urbanization. E • The Noise Element is related to the Land Use, Housing, Circulation and Open Space Elements of the General Plan. Recognition of the interrelationship of noise and these four mandated elements is necessary to prepare an internally consistent general plan and to initiate changes which will reduce noise exposure to acceptable levels in areas where noise presently exceeds the levels set forth by the adopted policies of the Noise Element. The relationship between these elements is briefly discussed below: 1. Land Use: An objective of the Noise Element is to provide noise exposure information for use in the Land Use Element. The noise contours in the Noise Element should be used to help determine appropriate land use patterns in the Land Use Element. 2. Housing: The Housing Element addresses sites and standards for new housing. Since residential land uses are noise sensitive, the Noise exposure information of the Noise Element must be considered when planning the locations of new housing. The State Noise Insulation Standards may influence the locations and construction costs of multi -family dwellings, which should be considered by the Housing Element. • 3. Circulation: The circulation system, which is a major source of noise, must be correlated with the Land Use Element. This is especially true for roadways which carry significant numbers of trucks. Noise exposure will thus be a decisive factor in the location and design of new transportation facilities, and in the mitigation of noise produced by existing facilities upon existing and planned land uses. 0 4. Open Space: Excessive noise adversely affects the enjoyment of recreational pursuits in designated open space, particularly in areas where quiet is a valued part of the recreational experience. Thus, noise exposure should be considered in planning for this kind of open space use. Conversely, open space can be used to buffer noise -sensitive uses from noise sources by providing setbacks and visual screening. 3 iB. EXISTING CONDITIONS AND ISSUES 1. EXISTING CONDITIONS The existing noise environments in the City of Morro Bay are composed of sounds from many sources. Road and stationary noise sources were evaluated and mapped in 1975 and updated in 1990. Noise sensitive land uses such as parks, schools, and hospitals were also evaluated to determine if potentially incompatible noise levels impinged on them. The following are summary conclusions regarding the existing noise environment in Morro Bay: a. In general, the City of Morro Bay may be considered a relatively quiet environment. b. The most significant source of noise in Morro Bay is road traffic. The most significant stationary source of noise is the PG&E power plant. C. Of the roads evaluated in 1991 for noise exposure, Highway 1, and Morro Bay Boulevard, Main Street, Highway 41 and South Bay Blvd. were found to be associated with high noise levels. Copies of the noise contour maps prepared in 1990 are avail- able for review at the Community Development Department. Those maps contain contours for 1990 and projected noise contours for the year 2010. 2. ISSUES In planning for noise control, it is necessary to estimate what the future noise environment may be like. Accordingly, noise level forecasts for the year 2010 were included as part of the technical analysis. In general, the future noise environment will be affected by two factors: o The expected increase in the number of noise sources (i.e. traffic volumes), and o the application of noise control technology to various sources. It is reasonable to assume that noise control technology will be applied to some noise sources, and that this may help counterbalance the increase in sources, possibly resulting in the same noise levels as currently exist or in decreased noise levels. Even with the application of technology, however, high noise levels are expected to persist in some areas of the City, particularly near major roads and highways. Thus, land use regulations are • necessary components of successful noise control strategies. 4 • a. Explanation of Noise Level Scales: The existing and fore- casted noise levels in Morro Bay are presented in the Volume 2 Technical Report, both in graphic form on the Noise Contours Maps and in tabular form. These noise levels are expressed in A - weighted decibels in terms of Day -Night Noise Levels (abbreviated Ldn). Detailed explanations of Ldn noise levels and the methods used to compute them are presented in the Technical Report. The following brief discussion is intended to provide a basic under- standing of the terms to facilitate use of the Noise Contours Maps. The Technical Report also provides a glossary with additional discussion of some of the more technical language. Common noises experienced by each of us daily may range from a whisper to a locomotive train passing by. The range of sound enerav represented by these two events is so large that it cannot be represented mathematically without using numbers in the millions and billions. To avoid this inconvenience, sound levels have been compressed in a standard logarithmic scale called the decibel (dB) scale. The reference level for the scale, 0 dB, is not the absence of sound, but the weakest sound a person with very good hearing can detect in a quiet place. The most important feature of the decibel scale is its logarithmic nature. An increase from 0 to 10 dB represents a tenfold increase in sound energy, but an increase from 10 to 20 dB represents a hundred fold increase over 0 dB, and a level of 30 dB represents a thousand fold increase over 0 dB. -f" . The average range of sounds that we are commonly exposed to generally fall in the 30 to 100 dB range. However, not all sound waves affect us equally. The human ear is more sensitive to high pitch sounds, such as a whistle, than it is to low pitch sounds, such as a drumbeat. As examples of typical Ldn noise level ranges, Figure N-1 gives ranges of Ldn decibel exposures ranging from quiet rural areas to an area under the flight path of a major airport. The Technical Reference Document provides discussions of the fundamentals of noise assessment, the effects of noise or people and criteria for acceptable noise exposure. it is intended that the Technical Reference Document serve as a reference for staff during the review of documents or proposals which refer to the measurement and effects of noise. b. Definitions: For purposes of understanding this element of the General Plan, the following definitions are provided: 1. A -Weighted Sound Level (dB): The sound level obtained by using the A -weighting filter of a sound level meter, expressed in decibels (dB). all sound levels referred to in this policy document are in A -weighted decibels. A- • weighting de-emphasizes the very low and very high frequencies of sound in a manner similar to the human E • ear. Most community noise standards utilize A -weighting, as it provides a high degree of correlation with human annoyance and health effects. 2. Community Noise Equivalent Level (CNEL): The equivalent energy (or energy average) sound level during a 24-hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. with ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m. The CNEL is generally computed for annual average conditions. 3. Day/Night Average Sound Level (Ldn): The equivalent energy (or energy average) sound level during a 24 hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. The Ldn is generally computed for annual average conditions. 4, Equivalent Sound Level (Leg): The sound level containing the same total energy as a time varying signal over a given sample period. Thus, the Leg is a single -valued level that expresses the time -averaged total energy of a fluctuating sound level. For example, if 64 dB is measured for 10 minutes, 68 dB is measured for 20 minutes and 73 dB is measured for 30 minutes, the 1-hour Leg is • about 71 dB. The Leg is typically computed over 1, 8 and 24 hour sample periods. 11 C • i W r14 FIGURE N-1 TYPICAL Ldn NI NOISE LEVEL RANGES V Under Flight Path at Major Airport, (0.5 to 1 mile from runway) Downtown in Major Metropolis 0 Dense Urban Area With Heavy Traffic Urban Area Dim" Suburban and - Law Density Urban Small Town and Quiet Suburban Rural Source: Bolt, Ber�1t and Neiman, Inc. , 1974. —7— • 5. Impulsive Noise: Noise of short duration, usually less than one second with an abrupt onset and rapid decay. 6. New Development: Projects requiring land use or building permits, but excluding remodelling or additions to existing structures. 7. Noise Level Reduction (NRL): The arithmetic difference between the level of sound outside and inside a structure measured in decibels. For example, if the sound level outside a house is 70 dB and the level inside a room of the house is 45 dB, the NLR is 25 dB (70-45=25). 8. Noise -Sensitive Land Use: a. Residences b. Churches C. Meeting halls, auditoriums, music halls, theaters, libraries d. Transient lodging -- motels and hotels e. Playgrounds, parks f. Offices 9. Outdoor Activity Areas: Patios, decks, balconies, outdoor eating areas, swimming pool areas, yards of • dwelling units and other areas which have been designated for outdoor activities and recreations. 10. Stationary Noise Source: Any fixed or mobile source not preempted from local control by existing federal or state regulations. Examples of such sources include industrial and commercial facilities and vehicle movements or private property (e.g., parking lots, truck terminals, auto race tracks, etc.) 11. Transportation Noise Source: Traffic on public roadways, railroad line operations and aircraft in flight. Control of noise from these sources is preempted by existing federal or state regulations. However, the effects of noise from transportation sources may be controlled by regulating the locations and design of land uses affected by transportation noise sources. C. General Effects of Noise: The effects of noise may be thought of as falling into four categories: physical, psychological, social, and economic. The lines between the categories are not established; there is much overlap. As research in acoustics and human response to sound progresses, the effects of noise may be more completely defined. This discussion is intended to be a brief summary of existing information. • 1. Physical Effects on Humans• The most serious physical effect of noise is damage to hearing, the most tragic of which is a permanent shift in the hearing threshold (termed "permanent threshold shift" or PTS). once the cells of the inner ear are damaged, there is no known way to repair them. The cells do not regenerate. To persons intermittently exposed to high noise levels, the hearing threshold may be shifted temporarily (termed "temporary threshold shift" of TTS). • • Community noise, particularly in a quiet town like Morro Bay, is usually not intense enough to affect hearing. Table N-1 is a summary of the noise level criteria, based on hearing loss, established by the Walsh -Healey Public Contracts Act of 1969 and the Occupational Safety and Health Act of 1970 (OSHA). TABLE N-1 HEARING DAMAGE RISK CRITERIA DURATION PER DAY SOUND LEVEL HOURS dBA 8 90 6 92 4 95 3 97 2 100 1 1/2 102 1 105 1/2 110 1/4 or less 115 Source: Walsh -Healey Public Contracts Act of 1969 2. Physical Effects on Domestic Animals and Wildlife: Noise affects animal behavior in ways similar to human behavior. Little research has been done in this field, especially on wild animals, but there are strong indications that unfa-miliar noises can disrupt population dynamics and individual growth behavior. In the sensitive wild life habitat areas of Morro Bay, these effects can significantly alter the "natural balance" between various species and between species and their environment. 3. Physical Effects on Structures: Noise also affects the non -living physical environment in the City. The example of high pitched sound resonating and shattering glass is com-mon. Structural damage by noise is usually moderate, how -ever, even in sonic booms. Glass and plastic are generally the materials most susceptible to damage by noise. Others include base coats of paint, finish coats, W • stucco, wall -boards, interior tiles, brick, concrete blocks, and organic adhesives. Temporary vibrations may be induced in various kinds of structures, particularly buildings, by noise as well. Structural response to sound is highly variable, however, and most damage is usually concentrated in second-ary structures such as glass or plaster. 4. Psychological Effects on Humans: It is difficult to distinguish between physical and psychological effects of noise. Many of the behavioral responses to noise are rooted in the involuntary physiological reactions. The two most serious psychological effects of noise are interference with sleep and speech. 5. Social Effects on Humans: The reactions of groups and communities to noise are similar to the reactions of individuals. It is clear that noise interferes with social processes. Its foremost effect is to disrupt the ability of people to communicate with one another. Communication by sound is vital to almost all human social behavior, and its impairment should not be underestimated. 6. Economic Effects: one of the more prevalent economic effects of noise of concern to Morro Bay is the possible . reduction of residential property values near the source of noise. This document does not examine specific property values in Morro Bay. Therefore, the actual extent of noise on property values is unknown. Economic costs of noise are among the most difficult to calculate, however, because they are associated with the psychological states of stress discussed above. The effects of these states have yet to be adequately quantified by economists. d. Effects of Noise in Morro Bay: Standards for the protection of health and welfare have been published by the federal Environ- mental Protection Agency, and these criteria can be compared to the noise levels quantified in this Element to draw some general conclusions about the effects of noise in Morro Bay. The basic criteria are given in Table N-2, and utilize the Sound Equivalent Level (Leq) and Day -Night Noise Level (Ldn). The Leg is the basis for the Ldn noise level, but does not include a weighting for nighttime noise. Judging by these criteria and the noise levels quantified in the Technical Report, most of the City of Morro Bay is free of sig- nificant effects of noise. Near the major roads, however, these criteria indicate that certain activities may be affected (e.g. • sleep, speech) and that stress can be expected. As noted in a 10 previous section, it is unlikely that any resident's hearing is • threatened from usual noises generated in Morro Bay. TABLE N-2 SUMMARY OF NOISE LEVELS IDENTIFIED AS REQUISITE TO PROTECT PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF SAFETY (Source: U.S. Environmental Protection Agency, 1974) EFFECT ; LEVEL ; AREA -------------------------------------------------------------------- : Hearing Loss Leq (24) < 70 dB ; All Areas Outdoor activity ; Ldn < 55 dB - ;Outdoors in residential interference and ; !areas and farms and other ; annoyance ; ;outdoor areas where people; . ; ;spend widely varying ;amounts of time and other ; ;places in which quiet is ;a basis for use. ; Leq (24) < 55 dB ;Outdoor areas where people; - ;spend limited amounts of ; :time, such as schoolyards,; ;playgrounds, etc. ------------------------------------------------------------------; Indoor activity ; Ldn < 45 dB :Indoor residential areas. interference and annoyance Leq (24) < 45 dB ;Other indoor areas with ;human activities such as ;schools, etc. : ------------------------------------------------------------------; Explanation Leq (24) - Equivalent A -weighted Sound Level over a 24-hour period. Ldn - Day -Night average sound level - the 24-hour A -weighted Equivalent Sound Level, with a 10 decibel penalty applied to • nighttime levels. dB - decibels. 11 e. Overview of Sources: Based on discussions with City staff and field studies conducted during the preparation of the Noise Element, it was determined that there are a number of potentially significant sources of community noise within Morro Bay, including traffic on state highways and other major roadways and stationary noise sources. The Technical Reference Document includes detailed discussions of the noise levels produced by these sources. 1. Methods and Noise Exposure Maps: The noise exposure information developed during the preparation of the Noise Element does not include all conceivable sources of industrial or commercial noise within the city, but rather is a representative sampling of typical sources. The noise exposure information developed for the sources identified for study should be used only as an indicator of potential noise impacts when other, similar sources are considered. 2. Determining Noise Exposure and Mitigation for Specific Locations: Note that Table N-3 should be consulted to adjust traffic noise exposure in areas with varying topography. Noise • exposure information may be used to determine if a particular land use is consistent with the policies of the NOise Element, and whether or not noise mitigation should be required as a part of the project development process. TABLE N-3 ADJUSTMENTS TO TRAFFIC NOISE EXPOSURE FOR TOPOGRAPH DISTANCE FROM CENTER TO ROADWAY Topographic Situation <200' 200-400' >400' Hillside overlooks roadway -0- +1 dB +3dB Roadway is elevated (>15') -5 dB -2 dB -0- Roadway is cut/below embankment -5 dB -5 dB -5dB 3. Community Noise Survey: A community noise survey was conducted in Morro Bay during August 1990 to document background noise levels in • ares where noise -sensitive land uses are located. Results of the community noise survey indicate that 12 existing background noise levels in many areas of the city that contain noise -sensitive land uses are relatively quiet. To preserve quiet conditions, noise level standards and policies have been adopted which will prevent degradation of the existing noise environment as much as possible. A more detailed discussion of the community noise survey may be found in the Technical Reference Document. f. Noise Control Strategies: Any action to control noise will work on either the source of the noise, its transmission path, the receiver of the noise or any combination of these. Source controls are primarily the responsibility of the federal govern- ment, and to a lesser degree, the state government. Control of the reception of noise, however, has its roots in local government's traditional authority over land use control. The basic goal of this Element is to achieve and maintain a noise environment that is compatible with a variety of human activities. This clearly calls for cooperation among all levels of government. Source controls are the most effective means of reducing noise, but there are limits to what can be accomplished through technology alone. A need for land use controls, coupled with source controls, will probably be necessary for overall noise reduction in many cities for the foreseeable future. • The purpose of the Noise Element is to outline some of the noise reduction alternatives that are available for implementation by the City of Morro Bay. These various strategies form the basic planning framework for the recommended policies and programs in the next section. There are various approaches to attain noise control: 1. The City can require buffers such as solid masonry walls and earth berms between noise sources and noise sensitive uses. 2. The City can require that noise sensitive uses are separated from noise producers. 3. The City can require noise attenuation in new stationary uses. 4. The City can require noise attenuation in noise sensitive uses where they are exposed to noise sources (such as noise insulation). It sometimes is necessary to use the local government police powers of zoning and planning to ensure that the public is pro- tected from excessive noise. The basic approach is the exclusion of noise sensitive land uses from areas of high noise levels. If development is permitted in noise -impacted areas, zoning perfor- mance and development standards can regulate the details of the development such as building height, buffer areas, and noise • barrier construction. Building codes may be enforced under this 13 • approach as well to limit the transmission of sound into and out of buildings. Which of these approaches is used, depends in large measure on the severity of the noise problem. The Technical Report of this Element concludes that, for the most part, the City of Morro Bay is free from excessive noise levels except in close proximity to certain major sources such as Highway 1, Main Street, Morro Bay Boulevard, Highway 41, South Bay Blvd. and the PG&E power plant. It is likely, then, that Morro Bay can rely on zoning and planning to prevent major noise problems from occurring near these sources. These strategies deal primarily with reducing future noise problems rather than existing ones. As is true with most environmental hazards, preventing or reducing the cost of the future hazard is easier and less expensive than resolving existing problems. Special ordinances can be adopted, however, which set noise limits by land use zones, and which require compliance by existing developments. g Land Use Compatibility Standards• Figure N-4 shows the ranges of noise exposure from transportation noise sources which are considered to be acceptable, conditionally acceptable, or unacceptable for the development of different land uses. Table N-4 is used to determine whether mitigation is needed for development • of land uses near major transportation noise sources. In areas where the noise environment is acceptable, new development in compliance may be permitted without requiring noise mitigation. Table N-5 indicates acceptable noise levels near stationary noise sources. • For area where the noise environment is conditionally acceptable, new development should be allowed only after noise mitigation has been incorporated into the design of the project to reduce noise exposure to the levels specified by the policies listed in Section C. For areas where the noise environment is unacceptable, new development in compliance with the policies of Section C is usually not appropriate. 14 • 11 FIGURE N-4 LAND USE COMPATIBILITY FOR NEW DEVELOPMENT NEAR TRANSPORTATION NOISE SOURCES' INTERPRETATION ACCEPTABLE Specified land use is satisfactory. No noise mitigation measures are required. = CONDITIONALLY ACCEPTABLE Use should he permitted only after careful study and inclusion of protective measures as needed to satisfy the policies of the Noise Element. _ UNACCEPTABLE Oevelopment is usually not * This figure indicates whether mitigation is required. See Table N-4for noise standards. 15 • TABLE _N-4 MAXIMUM ALLOWABLE NOISE EXPOSURE -TRANSPORTATION NOISE SOURCES Outdoor Activity Areas' Interior Spaces Land Use Ld,/CNEL, dB L,,/CNEL, dB L220 dB 2 Residential 60 3 45 -- Transient Lodging 60 3 45 -- Hospitals, Nursing Homes 60 3 45 -- Theaters, Auditoriums, Music Halls __ __ 35 Churches, Meeting Halls, Office Buildings 603 __ 45 Schools, Libraries, Museums __ __ 45 • Playgrounds, Neighborhood Parks 70 Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use. 2 As determined for a typical worst -case hour during periods of use. 3 Where it is not possible to reduce noise in outdoor activity areas to 60 d6 Ld /CNEL or less using a practical application of the best -available noise reduction measures, an exterior noise level of up to 65 d6 Ld„/CNEL may be allowed provided that -available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table. 16 TABLE N-5 MAXIMUM ALLOWABLE NOISE EXPOSURE -STATIONARY NOISE SOURCES' Daytime Nighttime (7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.) Hourly Leq, dB2 50 45 Maximum level, dB2 70 65 Maximum level, dB -Impulsive Noi5e3 65 60 'As determined at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards may be applied on the receptor side of noise barriers or other property line noise mitigation • measures. 2Sound level measurements shall be made with slow meter response. 3Sound level measurements shall be made with fast meter response. 17 C. OBJECTIVES, POLICIES AND PROGRAMS OBJECTIVES: 1. To protect the citizens of Morro Bay from the harmful and annoying effects of exposure to excessive noise. 2. To protect the economic base of Morro Bay by preventing incompatible land uses from encoraching upon existing or planned noise-producting uses. 3. To preserve the tranquility of residential areas by preventing the encorachment of noise-producting uses. 4. To educate the residents of Morro Bay concerning the effects of exposure to excessive noise and the methods available for minimizing such exposure. 5. To avoid or reduce noise impacts through site planning and project design, giving second preference to the use of noise barriers and/or structural modifications to buildings containing noise -sensitive land uses. POLICY N-1: The City will establish land use noise compatibility . _standards for general planning and zoning purposes. Program N-1.1: The City shall use the noise compatibility standards provided in Figure N-2 for identifying potenti_a, noiseproblem area: -_, and in reviewing en—i-r n1 mental P.!pact documents. r� Program N-1.2: The City will develop an ordinance setting specific noise limits for various land uses using the standards provided in Figure N-2. Program N-1.3: New development of noise sensitive land uses shall not be permitted in areas exposed to existing sir p oje.^.t %•'.'ure f = tr,=portatlon noise sources whlcb exceed 64 dB 1 n or CNEL (79 LdnICNEL for playgrounds and neighborhood parks) unless the project design includes effective mitigation measures to reduce noise in outdoor activity areas and interior spares to or below the level snecifi.ed for the given land use in Table N-4. Program N-1.4: New development of noise- ensitive lan.i --=t to arr. 7tt.^r7 .'-r.e the noise ?.;�vel dl:e to existing =tatlonary noiise sources will Pvc pd the n�__Ise >tanda l a._ cl Talbl - NTT-5 Ln1 0=. est er i :re i ca :ni t i oat i n mews res hav= been incorporated' n,}-0 7e 1 4 s a the +ry-.er.t to r=_ iIuce n __e eyn— to or the 1 ere',c �. i�ariftr?r'i in Table N-ta W1 • Program N-1.5: The noise standards in this chapter represent maximum acceptable noise levels. New development should minimize noise exposure and noise generation. POLICY N-2: The City will provide for the identification and evaluation of potential noise problem areas within its fiscal limitations. Program N-2.1: Noise Contours Maps should be updated where necessary based on transportation and stationary noise sources pursuant to the requirements of government Code Section 65302(f). Program N-2.2: Using the noise compatibility standards provided in Figure N-2, existing land uses should be reviewed to identify potential noise problems. Program N-2.3: An on -going monitoring program should be established to identify and evaluate n--ise levels in t.e_ community. POLICY N-3: Existing and potential incompatible noise levels in - area- r,ca through land use planning, build - a:, ... �14? ���' ?^e:3,�: �+cd tairLl u. i I T:^ and subdivision ode rief OZ'C. FTl'�=?'nt s. and other_'-� meaii:� _ • Program N-3.1: The City will prohibit development of noise YWa'3 ive uses Haar M3 4icr. noise sources unless mitigation measures to reduce nOiSa to acceptable 18Vels are implemented.. Program N-3.2: The City will enforce all existing noise control regulations. 0 Program N-3.3: In existing or future development in noise- iTp?-t-d areas., the City will encourage that adequate site planning, building design and :s .ta_ion m` s,,Y_, s are t_=k_en to _star*lished acceptable levels._ POLICY N-4: The City will reduce existing and potential incom- -t _ =n nrohlr-',,ac through operational or source ^nntrols where the Citv has such reductions are feasible, Program N-4.1: Routes for use bl,= heavv trucks will be I-Crat-1 a,..,, ri sensitir= land uses :,hen feasible. Program N'-4 .2: Noise created by new nn - G S llir :_ .'!.�srii','ICf r, .�dwav imnroviarpmt rrolectS. shall be mitigated so as not to ex�-eed the `bevel ,:cecitieo' in ",anJC -!- r _ , ;, th :l dos_•,r a t vi tva rea and '.. ntc. ri _r Sl>aceS C.`. Pxistina noise SP..n3.i.t3.Ve'!and USa 1C) Program N-4.3: Noise created by new proposed stationery noise sources or existing stationary noise sources which undergo modifications that may increase noise levels shall be mitigated so as not to exceed the noise level standards of Table N-5 on lands designated for noise -sensitive land use. Program N-4.R g: The City will require noise abatement by stationary sources in cases of excessive noise emissions when feasible. Program N-4.5: The city shall consider implementing mitigation measures where existing noise levels produce significant noise impacts to noise -sensitive land uses or where new development may result in cumulative increases of noise upon noise sensitive land use. POLICY N-5: The City will coordinate noise control activities with those of other responsible jurisdictions. Program N-5.1: The City will encourage the State Department of Transportation (CALTRANS) and the County Engineer to incorporate noise reduction methods in the design of new and modified roads and highways. Program N-5.2: The City will work with the Area Council in an attempt to develop a uniform noise evaluation scheme for use • at all levels of government. POLICY N-6: The City will conduct a periodic review and update of this element within its fiscal means. • Program N-6.1: The Noise Element should be reviewed at least every five years or whenever major changes in the noise environment occur, as feasible. Program N-6.2: The Noise Element should be reviewed when revisions to the General Plan occur especially those affecting circulation or housing. PXII • D. IMPLEMENTATION MEASURES To achieve compliance with the policies of the Noise element, Morro Bay shall undertake the following implementation program. The implementation program focuses on the prevention of new noise - related land use conflicts by requiring that new development be reviewed to determine whether it complies with the adopted policies and program. If mitigation of noise impacts is necessary it shall be achieved by carrying out an acoustical analysis meeting the requirements of Table N-6 or by implementing the standard noise mitigation packages contained in the Acoustical Design Manual where conditions in the following section are met. The noise exposure maps in this document and the information concerning the effects of noise on people and techniques available for noise control in the Technical Reference Document and Acoustical Design Manual are used in reviewing the noise affects of new development. The Acoustical Design Manual describes standard noise mitigation packages which may be used to reduce noise exposure inside buildings and within outdoor activity areas by specified amounts. The noise exposure maps are intended as a screening device to determine when a proposed development may be exposed to excessive noise levels which require mitigation and to provide guidance in the long range planning processes. Generally, the noise exposure maps provided a conservative (worst -case) . assessment of noise exposure for the major noise sources identified for study. It is probable that other major sources, especially stationary sources, of noise will be identified during the project review process, since only a representative sample of such sources was evaluated during the preparation of this document. The Technical Reference document and Acoustical Design Manual should be used to guide determinations of whether or not proposed noise mitigation measures are reasonable and effective application of the techniques available and likely to achieve the desired results. Control of noise at the source and through the thoughtful location and orientation of receiving uses should be given preference over the control of noise along the path of transmission through the use of noise barriers or the acoustical treatment of buildings. 1. The city shall review new public and private development proposals to determine conformance with the policies of this Noise Element. 2. When mitigation must be applied to satisfy the adopted policies and programs the following priorities for mitigation shall be observed where feasible: First: Setback/open space separation Second: Site layout/orientation/shielding of noise -sensitive . uses with non -noise sensitive uses. Third: construction of earthen berms 21 Fourth: Structural measures: acoustical treatment of buildings and noise barriers constructed of concrete, wood or materials other than earth. 3. Where the development of a project subject to discretionary approval may result in land uses being exposed to existing or projected future noise levels exceeding the levels specified by the policies and programs, the City shall require an acoustical analysis at the time the application is accepted for processing. For development not subject to discretionary approval and/or environmental review, the requirements for an acoustical analysis shall be implemented prior to the issuance of a building permit. The requirements for the content of an acoustical analysis are given in Table N-6. At the discretion of the city, the requirement for an acoustical analysis may be waived provided that all of the following conditions are met: Outdoor Activity Areas a. The development is for less than 5 single family dwellings or for office buildings, churches, or meeting halls having a total gross floor area less than 10,000 square feet. b. The noise source in question consists of a single roadway . for which up-to-date noise exposure information is available. An acoustical analysis will be required when the noise source in question is a stationary noise source or airport, or when the noise source consists of multiple transportation noise sources. C. The existing or projected future noise exposure at the exterior of buildings which will contain noise -sensitive uses or within proposed outdoor activity areas (other than play -grounds and neighborhood parks) does not exceed 65 dB Ldn (or CNEL) prior to mitigation. d. The topography in the project area is flat and the noise source and receiving land use are at the same grade. Interior Spaces a. Required noise level reduction (NLR) is equal to or less than 30 dB and said measures are incorporated in the project design to reduce noise to required levels. b. The development is for less than 5 single family dwellings or for offices, churches, meeting halls with less than 10,000 sq. ft. floor area and interior noise mitigation reduction methods recommended in the Accoustical Design Manual are incorporated in this • design. 22 C. Noise source in question consists of a single roadway, railway or airport for which up-to-date noise exposure information is available. An acoustical analysis will be required when the noise source is a stationary noise source or consists of multiple transportation noise sources. General Exceptions: a. Effective noise mitigation, as determined by the city, is incorporated into the project design to reduce noise exposure to the levels specified in Table N-4 or N-5. Such measures may include the use of building setbacks, building orientation, noise barriers and the standard noise mitigation packages contained within the Acoustical Design Manual. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required. b. Accoustical studies are not required for additions to single family residences. Noise reduction mitigation measures for interior space shall apply to additions of greater than 200 square feet and shall only be applicable to the space being added, not the existing residence. • 4. If the Planning Director determines that a noise sensitive land use may be exposed to noise levels that exceed the adopted noise standards in the Noise Element nothwithstanding the noise contour information in this Noise element, an acoustical analysis meeting the requirements in Table N-6 may be required. An example of where this policy may apply is in area not shown on the noise contour maps of this Noise Element where the combined impact of two or more noise sources may exceed the standards in Tables N-4 and N- 5. 5. The city shall develop and employ procedures to ensure that noise mitigation measures required pursuant to an acoustical analysis are implemented in the development review and building permit processes. 6. The City shall develop and employ procedures to monitor compliance with the policies of the Noise element after completion of projects requiring noise mitigation. 7. The city shall enforce the State Noise Insulation Standards (California Code of Regulations, Title 24) and Chapter 35 of the Uniform Building Code (UBC). 8. The city shall request the California Highway patrol, the County Sheriff and local police departments to actively enforce the California Vehicle Code sections relating to adequate vehicle 0 mufflers and modified exhaust systems. 23 . 9. The city shall purchase new equipment and vehicles only if they comply with noise level performance standards based upon the best available noise reduction technology. Alternatives to the use of existing noisy equipment, such as leaf blowers, shall be pursued. u 10. The city shall periodically review and update the Noise Element to ensure that noise exposure information and specific policies are consistent with changing conditions within the city and with noise control regulations or policies enacted after the adoption of this Element. 11. The city shall make the Acoustical Design Manual available to the public so that the public can incorporate noise reduction measures into private projects consistent with the goals and policies of this Noise Element. 12. The City shall consider one or more of the following mitigation measures where existing noise levels significantly impact existing noise sensitive land uses or where cumulative increase in noise levels resulting from new development significantly impact noise sensitive land uses: a. Rerouting traffic onto streets that have low traffic volumes or onto streets that do not adjoin noise sensitive land uses. b. Rerouting trucks onto streets that do not adjoin noise sensitive land uses. C. Construction of noise barriers. d. lowering speed limits e. Acoustical treatment of buildings f. Programs to pay for noise loans to owners of establishment of developer mitigation such as low cost noise -impacted property or fees. 24 . TABLE N-6 REQUIREMENTS FOR AN ACOUSTICAL ANALYSIS An acoustical analysis prepared pursuant to the Noise element shall: A. Be the financial responsibility of the applicant. B. Be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics. C. Include representative noise level measurements with sufficient sampling periods and locations to adequately describe local conditions. Where actual field measurements cannot be conducted, all sources of information used for calculation purposes shall be fully described. When the use being studied is commercial or industrial use, all noise sources related to the service and maintenance of the facility shall be considered, including but not limited to parking lot and landscape maintenance, refuse collection and truck loading/unloading activities, amplified sound, outdoor sales and activities, and all other noise sources associated with operation, maintenance and service. • D. Estimate existing and projected (20 years) noise levels in terms of the descriptors used in Tables N-4 and N-5, and compare those levels to the adopted policies of the Noise Element. Projected future noise levels shall take into account noise from planned streets, highways and road connections. L E. Recommend appropriate mitigation to meet or exceed the policies and standards of the Noise Element, giving preference to proper site planning and design over mitigation measures which require the construction of noise barriers or structural modifications to buildings which contain noise -sensitive land uses. F. Estimate noise exposure after the prescribed mitigation measures have been implements. G. Describe a post -project assessment program which could be used to evaluate the effectiveness of the proposed mitigation measures. 25 • RESOLUTION NO. 40-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO GRANT ADMINISTRATIVE EXCEPTIONS TO THE PARKING STANDARDS OF THE MUNICIPAL CODE FOR TWO YEARS IN DOWNTOWN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, unlike other commercial areas of Morro Bay, many small businesses in the downtown area of Morro Bay are currently experiencing a period of economic difficulty and decline that is reflected by numerous turnovers in business operations; and WHEREAS, the current economic environment in downtown Morro Bay has resulted in particular hardship for small commercial property owners and the community in general through loss of earnings and loss of revenue; and WHEREAS, many such commercial property owners desire to reverse this trend by investing in and expanding an existing business or through development of new facilities, but are hampered in making such improve- ments by the costs or difficulty in meeting the parking requirements of the city's current parking ordinance; and • WHEREAS, the Circulation Element of the General Plan adopted by the City Council in 1988 included a study of the parking situation in the downtown area and concluded that there is no immediate parking shortage; and WHEREAS, a 5-week City pilot program in the summer of 1987 enforcing the two-hour parking limits posted in the downtown area supports the conclusion that availability of downtown parking is not a current problem; and WHEREAS, removing the burden of the parking requirements from such commercial properties is envisioned by the council as a means of encour- aging improvements and investments in the individual commercial properties with related communitywide benefits, so long as there remains an adequate parking supply; and WHEREAS, the City is committed to the implementation of an overall parking management plan for the downtown area designed to provide long- term resolution of parking requirements, and this plan is currently under preparation by the City; and WHEREAS, the parking exceptions will not constitute a grant of special privilege inconsistent with the parking limitations upon other properties in the vicinity because the parking exception will be equally available to all commercial properties in the area and any beneficiaries .of the exception shall be required to participate in any future parking assessment district that may be formed; and .City Council Resolution No. 40-92 Page Two WHEREAS, the exceptions will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity because there is not a current parking shortage in the area; and WHEREAS, the exception is reasonably necessary for the full enjoyment of uses permitted upon the above commercially zoned properties because many business persons are unable to meet the normal parking standards; and WHEREAS, exceptions to the parking ordinance in the downtown area will not adversely affect public access to the shoreline. NOW THEREFORE, BE IT RESOLVED by the City of Morro Bay, that until June 13, 1994, or until adoption of the Parking Management Plan, whichever occurs first, the Community Development Director shall grant exceptions to the requirements of the parking ordinance pursuant to the provisions of Section 17.44.050 of the Municipal Code; and BE IT FURTHER RESOLVED THAT, the exceptions will apply to new or expanded use of commercially zoned properties in accordance with the various uses allowed in the respective C-1, VS-C, and GO zoning districts with the exception of residential uses or overnight visitor accommodations; and • BE IT FURTHER RESOLVED THAT, the area within which exceptions may be granted is the downtown commercial area shown on the attached exhibit which is made a part of this resolution; and BE IT FURTHER RESOLVED THAT, approval of the parking exception will be subject to contribution to the improvement of the building facade or street amenities equal to 10% of the value of the building improvements proposed. BE IT FURTHER RESOLVED THAT, any applicant receiving the parking exceptions shall enter binding agreements with the City to not protest their inclusion in any further parking assessment district that may be formed by the City in the downtown area. PASSES, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay on the 13th day of April 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None � ! ARDITH DAVIS, City Clerk ZA��f� /- ROSE MARIE SAEEZ, May E . RESOLLTTSON NO _ 39-92 RESOLUTION APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT, DIVISION OF ENVIRONMENTAL HEALTH, AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the County of San Luis Obispo and its incorporated cities are required by Sections 43202-03 of the Public Resources Code to designate an enforcement agency to carry out the provisions of the California Integrated Waste Management Act of 1989; and WHEREAS, the San Luis Obispo Health Department, Division of Environmental Health, possesses the required capabilities in solid waste enforcement to implement enforce- ment provisions of the California Integrated Waste Management Act of 1989 and the regula- tions and ordinances that have been and will be adopted pursuant thereto; and WHEREAS, the San Luis Obispo County Health Department, Division of Environmen- tal Health, will provide the technical expertise, adequate staff resources, adequate budget resources, and training to carry out the enforcement program specified by law; and WHEREAS, it is the understanding of this Council that the County of San Luis Obispo •and a majority of the cities within said County containing a majority of the population of the incorporated area of the County of San Luis Obispo intend to designate the San Luis Obispo County Health Department, Division of Environmental Health, as the enforcement agency for the County and all cities contained within the County. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that it hereby approves the designation of the San Luis Obispo County Health Department, Division of Environmental Health, as the enforcement agency for the City of Morro Bay pursuant to Sections 43202-03 of the Public Resources Code. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13th day of April, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 40 A DITH DAVIS, City Clerk NO. 38-92 A RESOLUTION OF THE • CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING A MASTER PLAN AMENDMENT FOR THE CENTENNIAL PARKWAY TO INCLUDE AN OVERLOOK STRUCTURE WHEREAS, the development of park master plans is required to insure that parks meet the current and future needs of the people in Morro Bay; and, WHEREAS, the Centennial Parkway Plan requires amendment due to the communities expressed need to construct an observation deck which functions for informal music concerts, band performances, presentations and community gatherings; and, WHEREAS, development of the area will enhance a portion of the waterfront and downtown areas; and, WHEREAS, the Recreation and Parks Commission, after holding three (3) public hearings on the proposed Master Plan amendment during which no testimony opposed to construction of an observation deck was received, recommends approval of the amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council Commission that the Centennial Parkway Master Plan is hereby amended as attached and marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of April, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK SAW:dd • c/w/admin/res38-92 EXHIBIT W i iew•+ = MARKET STREET Overlook Structure View impacts prohibited by structure (Approximate dimensions) PROPOSED • 1aiE6�i9hr!YgpgNlvaJ4 kEM w7 °ftf'�Nl�d�°Np("�"y'( oro P- y� vwra .eaua.o.........wo-.arson xaxa.n •u.-e OMNj - s...uo.au.na 6em�ied leluueluep xa.ox son. ax roe rrx� nmv unw ua V Ntlld ki31SdW EXISTING L� FUNCTION: To construct a gazebo type structure along with paving/ landscape in the general vicinity of the Centennial Stairway. To create a permanent symbol of hospitality, good will and interchange. To facilitate informal musical concerts, band performances, weddings and special presentations. LOCATION REQUIREMENTS: The general Centennial Stair area affords 3 basic possibilities The bottom "Embarcadero" level, the center halfway level and the top "end of Morro Bay Blvd." level. The basic location selected should provide: • 1. High visibility. 2. Maximum view potential. 3. Wind protection. 4. Sun. 5. Easy access. 6. Surrounding open pedestrian space. 7. Close to but not within the natural stairway pedestrian circulation pattern. 8. A reasonably simple construction solution for support of a structure. 9. A minimum of disruption to existing desirable conditions. ANALYSIS: Bottom Level Two specific locations possible are: A. Between the Embarcadero and the new restroom structure - Bottom 'A' • B. Immediately north of the base of the Stairway - Bottom 'B' • 1. Visibility from the Embaracadero is excellent for both, particularly 'A' but unseen from the upper level auto- mobile and from the upper level pedestrian until close to the bluff edge. 2. View is minimal from both. 3. Wind will be a problem for both due to the impracticality of the installation of a wind break in these areas. 4. 'A' will receive sun all day - however, if a structure is built on the property to the south it could become shaded all day in the winter months. 'B' will receive sun but only after about 10 A.M. 5. Access to each is excellent from the lower level; less convenient from upper. 6. Adjacent pedestrian gathering areas will require the closing of Front Street to be of a useable size. 7. 'A` is a bit removed from the stairway but is still adjacent to what is now the greatest amount of • activity. 'B' has a good relationship to the Stairway. 8. 'A' will be simple to build upon. 'B' will require pilings. Although access for a pile driver is good, pilings are a more expensive structural system than concrete on grade, 9. Destruction of existing conditions will be minimal for both. Center/Halfway Level An open area exists between the stairway and Reuben's Restaurant large enough for a structure of sufficient width/diameter. 1. Visibility is excellent from lower level, pretty good from upper (top of structure would extend above Morro Bay Boulevard) level. 2. View is good - better than bottom level, not as good as top level. 3. Wind will be a frequent problem here due to the dif- f1culty/expense of adequate wind break construction. . 4. Summer sun will hit this area but winter sun for approx- imately four months will be shaded by Reuben's structure • SUMMATION: Reviewing each of the five possible locations against the nine listed desirabilities on a scale of i to 5 for each we have: S07toM �oM ct-Zq np A 'top 6 1. 3 2 5 3 3 2. 1 I 3 5 5 3. 1 1 1 5 1 4. 2 3 3 5 2 5. 4 4 1 4 4 6. 3 3 1 5 5 7. 4 4 5 5 5 8. 4 3 1 5 5 9. 3 4 5 4 4 25 25 25 41 34 The numbers, in as an objective way as possible, strongly suggest a recommendation for location "Top A" - the North side adjacent to Dorn's Restaurant. • 5. Access is good for most and creates a strong relation- ship with the Stairway and it's connection of 'uptown' with the Embarcadero. Access is effectivelv nonexistant however, for the handicapped. 6. Very little adjacent level area available. 7. Relationship to stairway circulation is very good. 8. Construction will require pilings, an expensive founda- tion system when compared with a concrete footing on level ground. This piling system is further complicated by the difficult accessibility of the area to pile driving equipment. 9. This location will result in a minimum of existing condition disruption. Top Level As with the bottom level two possibilities exist. One on the north side adjacent to Dorn's Restaurant which we will label "Top A" and the other on the south side • next to Reuben's Restaurant - "Top B" 1. Both have equal and excellent visibility from the top "uptown" area, considerably less from the Embarcadero. 2. Both have equal and excellent view potential. 1 "A" will enjoy natural wind protection from Dorn's structure while "B" will be exposed with no practical way to provide a wind break. 4. Area "A" will receive year round sun whereas area "B" will be shaded for about four months during winter. 5. Access to each is excellent from upper level; less convenient from lower. 6. Each has good adjacent pedestrian gathering areas. 7. Each has good relationship to the Stairway circulation. 8. Each has level (almost) easy construction potential. 9. Disruption of existing conditions is more accurately described for both "A" and "B" areas as a benign change, '. however, it would seem prudent to encourage the restaur- ant adjacent to the area chosen to express any concerns • or suggestions prior to finalizing the selection. 0 ........... - --------------- 9 STREET r"ri'S 4'1Y1r MARKET STREET R MARKET STREET • CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS RESOLUTION NO. 37-92 RESOLUTION ACCEPTING OFFERS OF DEDICATION FOR SEWER, PUBLIC STREET AND STORM DRAIN PURPOSES AS MADE ON TRACT MAP 1231 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, in September 1987 did originally approve the 13 lot residential subdivision at Ironwood Court as shown on Tract Map 1231, with reconsideration and final approval in February 1989; and WHEREAS, by Resolution No. 3-91 the City Council of the City of Morro Bay did on January 14, 1991 approve formation of Storm Drain Maintenance District No. 1 for Tract Map No. 1231 (Ironwood Court); and WHEREAS, an offer of dedication is made upon Tract Map 1231 for Ironwood Court, the 15 foot wide drainage and sewer easement across Tract Lot 7, and the offer of the three sewer and drainage easements from Tract Lot 7 to Bayview Avenue; and WHEREAS, the City Council of the City of Morro Bay, California .does accept on behalf of the public the offers of dedication of the above mentioned street and easements subject to the completion of the public improvements required therein as approved by the City Engineer; and WHEREAS, not accepted is the 10 foot drainage easement at rear of tract lots and 6 foot utility easement at lots frontage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California does accept on behalf of the public the offers of dedication made on Tract Map 1231. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of April 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST:ROSE RIE S ET , Mayo ��c� �J�%� ARDITH DAVIS, City Clerk 0 NM/LC:ENGR6:RESO z o v K^ CI a h x Iowa oo W �io�®�Q e W%N LOnOy :Women °: e T'2=LL,m �� ei0� Fti i ti�Wo W moo¢ - i�e •,g,i Q OAQQ3r U Ft� 2 ��mpnR m ,ow vg a e tri 8m o • ~ ��, x w 2a M �4p�> ti'OJ zo3" p "`° try oFw �n ae 14,� o °iKgcpi V'i�o`m "d N Y3� �Sq v z� GtimvO V'..o°O'er^ Q. $o W ti¢vQQ<v ZZ LLo V Vop .`vj ti.g osow o Fw� ?o�:oo^m �wH ? w000°r i A3z:Si ism m o:.°xww° v wLLK^ r W NU �V NNw^�U3f^V�LW 20000 W � N VOt U J �� R 'rcWp'•`�o°Qa zoF� _ • � eC"ymno � O„ Y � � u �°yam NiW3w W „1° O Ilk w _jI • • [A h eiNm PNTN SmP nPla ar ma�0i maO �A�Ic o�rvtiFm v'�N � „0 m P4 OiN �9ph� TOAr �O hpO n�PO��nIN pP �O°Oog000°o lOo°oo°oo�°o°o °o _o o°8S� O O -mO -O o Op uO0 �o m ¢Oy, NO i'��`.^fin Namemiygm F.Rtivyo'a,lw:'^�j�Y o I a W zF: i F 3 tg Syr i Y ti n n "r � •• � � m3�" Opp N n O Ory I I oss i59/.SLR' -ow-�� � 6540 j O lf:t m 30.W ` N Ny�04 n00 ^yy D062/ M„00. /O.OFn (lI mull wa b �bryg V (jub ! ly f IPA` rymJ N OO ZEd/ I 2 .5� V T O NOQ � O ti �V,Fmti K ° N n, V0U�0 �a0 `V QN¢Fv vN„O N ^'• Y�Whyp �p0nw NUO TVI WQ�n 2 V o���oz �azp mrc�o�Jo U •. apti�.2J eO+V NV N CIO t Y 0 RESOLUTION NO. 36-92 A RESOLUTION OF THE CITY COUNCIL AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. RP 91-01: TIDELANDS PARK - RECREATIONAL PHASE TO COMPLETE DEVELOPMENT SERVICES, INCORPORATED T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is in the best interest of public welfare to cause the construction of recreational facilities and appurtenances at Tidelands Park; and, WHEREAS, funding from the Land and Water Conservation Fund, Coastal Conservancy and City of Morro Bay has been secured; and, WHEREAS, construction bids have been duly solicited and received; and, WHEREAS, the lowest responsible bid was submitted by Complete Development Services, Incorporated of San Luis Obispo, California; NOW THEREFORE, BE IT RESOLVED by the CityCouncil of the City of Morro Bay, California that the construction contract for Project No. RP 91-01: Tidelands Park - Recreational Phase is herewith awarded to Complete Development Services, Incorporated of San Luis Obispo in • the amount of $597,481.60 with the provision staff is to negotiate a reduced contract eliminating certain improvements including but not limited to irrigation system, compass plaza, topsoil and ADA playground improvements; and, BE IT FURTHER RESOLVED the Mayor of the City of Morro Bay be authorized to execute the contract on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of May, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERIC-- • r J n U RESOLUTION NO. 34-92 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 O U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and fire hazard, and hereby authorizes the Public works Department to take the necessary steps to implement this year's weed Abatement Program; and BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 26, 1992 at 6:00 pm. in the Morro Bay Veteran's 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 held on the 23rd day of March, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: DRDITH DAVIS, Cite • • RESOLUTION NO. 32-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 612 FOR A CAL POLY CREW CLUB REGATTA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code requires the City Council to approve of and authorize all special events held in the harbor; and, WHEREAS, the Cal Poly Crew Club will be sponsoring a regatta on March 21, 1992 starting at 7:00 a.m.; and, WHEREAS, the City Council has reviewed the aforementioned special event and finds that adequate insurance is provided by the City and the event will not interfere with reasonable use of the harbor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves of the special event use of the harbor for the Cal Poly Crew Club Regatta on March 21, 1992. BE IT FURTHER RESOLVED by the City Council that the Recreation and Parks Director is authorized to issue Public Area Use Permit No. 612 for the Cal Poly Crew Club Regatta. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 9th day of March, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK c/w/admin/res ROSE eRIE T Z MAYOR Y19 GENERALS R'.1 (��'lL NAME 0�SW1G t/yG DATE Z'/Zo/4Z last ' � \l first AA initial ADDRESS SOcoo W V7.1 1210. 1-ti!-s- PHONE 927-g0?,, home i Ccl bri Chi cy yqj 921-43gb work city state zip IF REPRESENTING AN ORGANIZATION, COMPLETE THE FOLLOWING: ORGANIZATION NAME Cal ?i 01Cre PLEASE CHECK BOX I ]profit PURPOSE OF ORGANIZATION F-oC,lu6 Knon-profit IRS Number (if non-profit) It Applicants relationship to Organization S EVENT INFORMATION: WILL FEE BE CHARGED? [ ]yes Xno EVENT GATE M OVrdA ZI . 19 CI Z- If yes, please explain the purpose and amount of fee. EVENT TYPE 90Wlw\a %�,�dance, meeting, etc.) HOURS 7' "o rvp am (PLEASE INCLUDE PREPARATION & CLEAN-UP TIME) u- ESTIMATED ATTENDANCE: Adults Will alcohol be served? [ I yes X no %attending that are Morro Bay residents? Youth Is electricity required? I I yes kgno Will a live band be performing? [ ] yes M no Total SITE INFORMATION: I !7 SITE OR PARK AREA REQUESTED COIrLrI10.,N Y0.r�C i. lows c+ek r-.Q�c ce -Sc i?1 ]'-'-�e� a etie fA d"Er (U1^11VW NM1N4.�Ar 4'�L (.Ow�DfL+�� 6n @Oyes I 1 no City streets and/or parking areas must be closed for this event. I Ins kno Temporary structures are to be built for this event. [ )yes X no Open flames, refueling of vehicles or other fire hazards exist for this event. EGUIPMENT REQUESTED: Checkall that apply [ ] chairs [ I cones [ I barricades [ ] podium I I kitchen utensils [ ] garbage cans [ ]tables [ Iflashers [ IPA system [ ]bases [ ]scoreboard [ I concession building [ ] other, specify AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall assume all risks for loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above; the applicant further agrees that in consideration of permission to use the City property above; he/she or the organization will save, defend, and hold the City of Marro Bay and/or their employees free and harmless from any loss, claims, liability or damages, and/or injuries to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant further agrees to be personally responsible for any damage sustained to the grounds, building, fixtures or equipment, as a result of their use of City property. The applicant furthercert/fies thathhe/she has read the rN�eson/tJhe reverse side and agrees to abide by them. Date �/� J' L4 /q97_ Signature I YA• /Z4+-t-t - NOTE: THIS APPLICATION MUST BE ACCOMPANIED BY A DEPOSIT TO BE CONSIDERED FOR APPROVAL. CHANGES AND FEES DUE 15 DAYS IOR TO USE. DEPARTMENT APPROVAL - Office Use Only Department [Dyes [ Ino [ ] with conditions Signed: Conditions: 1. 2. 3. RECREAT] QN AND PAR KS SO MMARY - Do Not Write FEE SUMMARY FEE ASSIGNMENTS: Depose Received I I $ Deposit Check Returned I I Fees Receved I I $ Insurance Cart- [ 1$ Permit Approved:, Date Recreation and Parks Director Recreation,,,ti- ` & Parks CITY OF MORRO BAY City OI Motco n��f 41 a��'"PER ITu 00612 Y�`"" APPLICATION FOR PUBLIC AREA USE PERMIT White - Office Canary - Applicant City of Morro Bay R,esotution Number 31-92 A Resolution Commending G.H. Nichols, III, for His Services as Public Works Director/City Engineer The City Council City of Morro Bay, California 34t%%UAS, G. H. "Nick" Nichols, III, commenced employmentwith the City of Morro Bay on 18 April 1983 as the City's third Public Works Director/City Engineer since municipal incorporation in July 1964; and R1kJC`F?�f `AS, as Director of the largest scope of services in the City, Mr. Nichols offered leadership and guidance in the maintenance and operation of the water supply system, the sewerage collection system, the wastewater treatment plant, streets and sidewalks, storm drain facilities, community transit systems, solid waste collection services, engineering and associated permits, vehicle and equipment maintenance, public project construction management, and municipal harbor facilities; and 4V7fER,EAS, during his tenure, Mr. Nichols initiated the adoption of updated engineering master plans to address improvements in the City sewer, water, and storm drain systems; and `W`JCER,EAS, Mr. Nichols successfully directed significant public works projects including a $1.2 million comprehen- sive waterline replacement project, a $14 mlliton upgrade to the wastewater treatment plant, a $3.5 million emergency desalination plant, and a 1985 improvement to the launch ramp and Tidelands Park facilities; and `Wi/ER,EAS, Mr. Nichols has continuously displayed the highest level of professional and engineering excellence in the management of the public works infrastructures of Morro Bay, and guided the community through a local water supply crisis caused by the drought of 1986-1991; and ` HE9Y `A.S, after nine (9) years of public service to Morro Bay, Mr. Nichols has now accepted the position of Deputy Public Works Director -Engineering for the County of Monterey. NO`W, `PHEP,EFORE, BE IT P SOLVED that the City Council of Morro Bay, California, does hereby extend its heartfelt gratitude and appreciation to G.H. Nichols, IN, for his valued commitment of service to the Morro Bay community, and does hereby wish he and his family much happiness and success in Monterey County. PASSED ANDADOTTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of March, 1992, by the following vote to wit; A�' : Baker, Luna, Mullen, 'Wuriu, Sheetz NOES: None ABSENT Npne ATTEST ARD��r� The City of Morro Dmy&dedirate!to the pwservetton waeahanoemmt ethe quality of We ,Q(,w a6enjoy. We an cvowduato thispuvpuse and uia provide a level of municipal service coruistent and mrpondve to ourpuhlic endits needs. RESOLUTION NO. 30 -92 A RESOLUTION OF INTENT TO FINANCE THE PURCHASE OF THE DESALINATION FACILITY FROM AQUA DESIGN, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, (the "City") is a Municipal Corporation, and a general law City of the State of California; and WHEREAS, certificates of participation and lease/purchase agreements (collectively referred to herein as "tax-exempt debt") are permitted financing vehicles for general law cities under California law; and 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, in anticipation of the necessity to provide a temporary emergency supplemental water supply in the event the City's groundwater resources became further degraded due to continued drought conditions, it was determined to be in the best interest of public health, safety, and well-being to enter into an agreement (the "Agreement") with Aqua Design, Inc., to provide an emergency potable water supply; and WHEREAS, pursuant to the Agreement, a facility (the "Desalination Plant") was built, placed in service as of September 9, 1991, and was operated extensively during the contracted six month trial period, allowing the City to treat and deliver water which met State Health Standards during the 1991/92 Water Emergency; and WHEREAS, on March 20, 1991, the staff of the City prepared a report ("the Report") recommending that tax-exempt debt be issued to provide long-term financing of the Desalination Facility and that water rates be set at a level to assure payments of principal of, premium, if any, and interest on such tax-exempt debt; and WHEREAS, the City Council, by Resolution No. 40-91, dated April 20, 1991, set water rates sufficient to amortize, over a ten-year period, tax-exempt debt with an assumed principal amount of • not less than $3,800,000 to be issued for the purposes of (a) acquiring and financing the Desalination Plant and (b) financing related costs; and • WHEREAS, from April 21, 1991 to February 28, 1992, the City paid $82,983 for engineering, surveying, and soil testing costs ("Preliminary Costs"), relating to the Desalination Plant; and WHEREAS, the City intends to pay $3,454,359 on March 10, 1992, to acquire the Desalination Plant ("Acquisition Costs"); and WHEREAS, the City has not, as of the date of this Resolution, issued any short-term taxable or tax-exempt debt or obligation for the stated purpose of financing costs relating to the Desalination Plant; and WHEREAS, from April 21, 1991, to the date hereof, no funds were, or were reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City (or any entity that is part of the same "controlled group" as the City, as such term is used in Treasury Regulations Section 1.150-1 (f)), to finance costs and expenditures relating to the Desalination Plant that are described herein; and WHEREAS, the City intends to issue (or to have issued on its behalf) tax exempt debt (referred to herein as "Tax exempt Obligations") on or before September 8, 1992, to provide for the long-term financing for the Preliminary Costs and Acquisition Costs • described herein and to provide for the long-term financing of other valid Desalination Plant costs and of valid Tax Exempt Obligation issuance, administrative, and reserve fund/costs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: (a) That this Resolution shall constitute "a declaration of official intent" for the purposes of Treasury Regulations Section 1.103-18. (b) That the Desalination Plant is a reverse -osmosis treatment plant with a total capacity of 400 gpm, and expansion capacity to 800 gpm. The treatment process includes cartridge pre -filtration of brackish or raw seawater, injection of anti -scaling chemical, removal of salt by high-pressure reverse osmosis, reduction of corrosiveness by addition of calcium carbonate and sodium hydroxide, and disinfection by injection of liquid chlorine. The plant is located on City -owned land adjacent to the City Corporation Yard, on Atascadero Road. (c) That the City reasonably expects (1) that the costs and expenditures described in this Resolution will be reimbursed with proceeds of the Tax Exempt Obligations to be issued by, or on behalf of, the City; (2) that such Tax Exempt Obligations will provide • long-term financing for the costs and expenditures described herein that relate to the Desalination Plant or the Tax Exempt Obligations, and; (3) that such Tax Exempt Obligations will provide long-term •financing for other costs and expenditures which will be paid in the future and which will relate to the Desalination Plant or the Tax Exempt Obligations. (d) That the City reasonably expects that the Tax Exempt Obligations will be issued on or before September 8, 1992, and that all reimbursement allocations relating to proceeds of the Tax Exempt Obligations will be made on or before September 8, 1992. (e) That the City reasonably expects that the maximum principal amount of the Tax Exempt Obligations will be $4,125,000. (f) That, except as described herein, the City reasonably expects that no funds other than proceeds of the Tax Exempt Obligations will be reserved, allocated on a long term basis, or otherwise set aside by the City (or by any entity that is part of the same "controlled group" as the City) to finance costs and expenditures relating to the Desalination Plant and the Tax -Exempt Obligations that are described herein. PASSED AND ADOPTED By the City Council of the City of Morro Bay at a regular meeting held thereof this 9th day of March, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEETZ, Mayo ATTEST: ARDITH DAVIS, City Clerk • • RESOLUTION PROHIBITING PARKING ON A SECTION OF BAYSHORE DRIVE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, during inclement weather the storm drain inlet on Bayshore Drive becomes clogged with debris, and it is necessary for the City's maintenance crew to clear the inlet of debris; and WHEREAS, accessibility to the inlet is a problem due to parked vehicles on Bayshore Drive; and WHEREAS, it has been determined that prohibiting parking on Bayshore Drive, next to the storm drain inlet, would accommodate the City's work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that parking be and is hereby prohibited on Bayshore Drive next to the storm drain inlet. •PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of March, 19927, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk 40 ROSE MARIE SHEETZ, Mayor • v I I AAQIN 57aE�r uE ivj� Yb 1vt, fit; 0r . rAli-6 T CABPlLLD d!-ACE BAv4v f aeIv47'9 r7rzivX- .J 3�2 BIZ�✓-5 CAa r] L • RESOLUTION NO. 28-92 RESOLUTION APPOINTING NORTH COAST ENGINEERING, INC. AS INTERIM CITY ENGINEER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Government Code Section 36505 states the City Council is required to appoint a City Engineer by resolution; and WHEREAS, by Resolution No. 49-83 on April 25, 1983, the City Council appointed G. H. Nichols, P.E. as City Engineer for the City of Morro Bay; and WHEREAS, G. H. Nichols, P.E. did resign his employment with the City of Morro Bay as City Engineer effective March 13, 1992; and WHEREAS, it is desired to appoint an interim city engineer to fulfill the necessary duties appointed by the Municipal Code during the period the City is recruiting to fill the position of City Engineer on a full time basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the firm of North Coast Engineering, Inc., Steven J. Sylvester, P.E., President, is appointed Interim City Engineer for the City of Morro Bay effective March 14, 1992. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of March, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST• ARDITH DAVIS, City Clerk RESOLUTION NO. 27-92 • RESOLUTION ADOPTING A WATER SHORTAGE CONTINGENCY PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Legislature enacted Assembly Bill 11X during the 1991 Extraordinary Session of the California Legislature (an act to amend California Water Code Sections 10620, 10621, 10631, and 10652, and to add Section 10656 to the California Water Code, relating to water); and WHEREAS, AB11X mandates that every urban supplier providing municipal water directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to develop a Water Shortage Contingency Plan; and WHEREAS, AB11X mandates that said Plan be filed with the California Department of Water Resources by January 31, 1992 and an urban supplier that does not submit an amendment to its Urban Water Management Plan pursuant to subdivision (a) of Section 10621 to the Department by January 31, 1992, is ineligible to receive drought •assistance from the State until the Urban Water Management Plan is submitted pursuant to Article 3 (commencing with Section 10640) of Chapter 3; and WHEREAS, the City of Morro Bay is an urban supplier of water to more than 3,000 customers, and has therefore prepared and circulated for public review a Draft Water Shortage Contingency Plan, in compliance with the requirements of AB11X, and a properly noticed public hearing regarding said Draft Plan was held by the City Council on March 9, 1992, and a Final Water Shortage Contingency Plan prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Water Shortage Contingency Plan is hereby adopted and ordered filed with the City Clerk. 2. The City Administrator is hereby authorized and directed to file this Plan with the California Department of Water Resources. 3. The City Administrator shall recommend to the City Council regarding additional procedures, rules, and regulations to carry out effective and equitable allocation of water resources during a water shortage. PASSED AND ADOPTED by the City Council of the City of Morro Bay ._ at a regular meeting held on the 9th day of March, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SH Z, Mayor ATTEST: ARDITH DAVIS, City Clerk • 0 '45PI City of Morro Bay L i • WATER SHORTAGE CONTINGENCY PLAN City of Morro Say Department of Public Works January,`1992 TABLE ❑F CONTENTS I. Municipal Water Supply...............................1 II. Past, Current and Projected Water Use ...............2,3 III. Worst Case Water Supply Availability for 12, 2'f, and 36 Months............................`f,S IV. Drought Contingency Plan/Policies....................6,7 V. Water Use Monitoring Procedures ......................B VI. Analysis of Revenue and Expenditure Impacts .......... 9 VII. Adoption,of the Plan.................................10,11 LIST OF TABLES TABLE 1 Customer Types, Normal Demand and Demand Including Growth ..........................3 APPENDICES APPENDIX I Estimated Supplemental Water Demand ......... 12 APPENDIX II Average Per -Capita Water Production ......... 13 APPENDIX III Unaccounted for Water Loss..................1'f APPENDIX IV Morro Bay Municipal Code Emergencies (Water) 13.04.320 to .3g7....... 1S-18 APPENDIX V Resolution 13-91: Declaring Emergency Water Supply Condition ......................19,20 APPENDIX UI Emergency Water Supply Condition Revised Water Rationing Program (LEVEL 5)... 21,22 APPENDIX UII Water Rate Schedule .........................23 APPENDIX VIII Resolution # ...- 92: Adopting a Water Shortage Contingency Plan...................2Lf,25 w i I. MUNICIPAL WATER SUPPLY The City of Morro Bay draws its entire water supply via wells from the groundwater of Morro and Chorro Creeks valleys. While there are no other urban users of these water sources, they are used extensively by agricultural and domestic users in the valleys. Due to the small relative size and shallow nature of the watersheds, .there is very little if any seasonal carry-over or *_storage of water. An assured water supply from, these sources in any given year is entirely dependent on the amount of rainfall received the previous winter. Simply, if it rains sufficiently during the winter and spring, the City of Morro Bay will have a sufficient water supply the following summer and fall. If it doesn't, they won't. ,Jn;�$ 197,2_ the; State..Water,RasourCes. Control Board, CSWRCB):,.- deter- mined --that this groundwater was actually "riparian underflow" of • these streams, and thus subject to the appropriative permit process administered by that Board. In 1972 and 1982 the City filed applications with SWRCB to appropriate a total of 1,723.S acre-feet per year (AFY) from the underflows of these creeks. (This_ was the City's historical maximum use of water.) The California Coastal Commission and the State Dept of Fish & Came have protested these applications, stating the agricultural and environmental habitat needs of the watersheds are more important than the City's municipal water needs. SWRCB has not yet issued its ruling on these applications, so the City has not secured any water rights for the continued use of riparian groundwater from these basins. i FA II. PAST, CURRENT AND PROJECTED WATER USE California Water Code Section 10631(e)(1): Past, current and projected use and, to the extent records are available, a breakdown of those uses on the basis of residential single family, residential multi -family, industrial, commercial, governmental, and agricultural use. In 1977 the California Coastal Commission decided the water supply available to_the ,City from the groundwater aquifers in the Chorro and Morro Creek watersheds was completely developed, and imposed a moratorium on new connections to the Morro Bay municipal water system. In 1982 the Coastal Commission agreed to allow a limited number of connections to the system through programs using conservation as a resource Cpipeline replacement and retrofit of water fixtures in existing buildings), as long as the City's total annual water use did not exceed the applied -for • 1723.5 AFY. This requirement is still in effect, and the City's water use has not exceeded this ceiling in that time. The City of Morro Bay presently has a permanent population of 9,806 residents. Municipal water deliveries are about 67% resi- dential (single- and multi -family), 2S% commercial, 7: govern- ment, and 1: industrial. Recreational and irrigation uses comprise about l/`1 of the government deliveries. There are no meters designated for agricultural use. Because the prolonged drought has depleted the available water resources, the City's total water supply demand for 1991 was 1,256 acre-feet (133 gpcd). This is the lowest annual demand since 1967 & 1977 and the lowest per capita use of record since record -keeping began in 1960. The City declared a drought - related water supply emergency in February, 1991, and imposed emergency water rationing requirements on the City. In an uncon- strained water supply condition, it is estimated the community would use about 160 gpcd for a total annual use of about 1,730 AFY. The Morro Hay Area Water Management Plan CDept of Water - Resources, 1962) provided a basis for estimating the City's Future water supply needs through the year 2000 bg projecting population growth and an estimated average per -capita water use . based on historical trends. This is currently the City's existing policy document regarding future water demand. The City's population has not grown in accordance with the predic- 2 tions of the 1982 report, and additional work has been done to . estimate the City's Future population and water supply needs. No firm predictions are available, but only ranges of figures based on possible water use scenarios. It is estimated the City may have a population of about 11,275 by the year 2000 (eight years from now), with a corresponding unconstrained water demand of 2,020 AFY (based ❑n 160 gpcd). Because of the current drought and need to reduce the community's water use to within the available resource, each year For the last three years the City Council has determined to issue NO new water allocations For new connections. This condition is expected to continue until a new supplemental source ❑F water is developed to make up the existing water supply shortfall. There- fore the number of water connections, and thus the total water use, is not projected to increase in the next Five to seven years. Unaccounted-for water "loss" has averaged 11.6%. over the last nine years, and is apportioned to all account types. The projections in Table 1 are reflective of the above estimations and in proportion to current and historical deliveries for the categories shown. j TABLE 1 • CUSTOMER TYPES, NORMAL DEMAND AN➢ DEMAND INCLUDING GROWTH (1) C2) C2) (2) " Customer Metered Highest Actual Est. Est. Est. type Services Demand 1991 1992 1993 1994 A-F Sin. Family 3,771 950 690 971 97B 9B3 Multifamily 392 207 151 212 213 215 Commercial 390 432 314 442 44S 447 Industrial 7 17 13 18 18 18 Governmental 59 121 Be 124 124 12S (3) TOTAL 4,619 1,727 1,256 1,767 1,778 1,788 (1) Critical drought period, emergency level water rationing in affect (2) Assumes 0.6% per year population increases (based ❑n 1990 census), normal demand at 160 gal per capita day, and a sufficient water supply Cal 1,727 A-F highest demand without improved efficiency and • conservation in 1981. 3 III. WORST CASE WATER SUPPLY AVAILABILITY for 12, 24, & 36 MONTHS California Water Code Section 10631(e)(2): An estimate of the minimum water supply available at the end ❑f 12, 2q, and 36 months, assuming the worst case water supply shortages. The events and activities required to provide a continued supply of water for the City from 1987 through 1991 have reinforced a message that has been known and discussed in Morro Bay for many Wears: THE CITY OF MORRO BAY DOES NOT HAVE A DEPENDABLE WATER RESOURCE DURING A PROLONGED DROUGHT. The yield of the ground- water basins from which the City draws its municipal water supply is tenuous at best, as the available water supply in any given year is directly dependent ❑n the amount and timing of rainfall the preceding winter. Experience has further shown that in the worst -case C1990), the City's water supply is inadequate. The average -year yield of the City's existing wells has been • estimated to be 1,732.5 AFY (water rights applications and Coastal Commisison limitation). Previous experience in two-year droughts has demonstrated this yield can be reduced to around 1,500 AFY in shorter dry periods. In 1990, as a result ❑f the longest dry period experienced since the City's incorporation, the City's groundwater system was able to produce only 1,286 AF of potable water. Based on this documented experience, City Staff has recommended the City base its planning for future drought emergency water supplies based on a worst -experience dependable untreated groundwater supply of 1,275 AFY. • Continoencu Plans for a Prolonged Drought The impact of a prolonged drought ❑n the City's municipal water supply is devastating. Such an eventuality is manifested by rainfall patterns resulting in insufficient runoff t❑ adequately recharge the groundwater aquifers in the Chorr❑ and Morro Creek basins. This condition has existed for the last five years from 19B7 through 1991. As the present level of aquifer degradation has not ❑ccurred before in the City's records, it is not known how much rainfall and/or runoff will have to occur t❑ restore the aquifers to a pre -drought quantity ❑r quality condition. G?I • A. Demand Reduction The Morro Bai. Municipal Code provides the City's power and authority to restrict the community's use of water under emer- gency conditions. The Code outlines a five -level series of mandatory water conservation requirements to be imposed as water supply conditions worsen over time due to temporary drought - related depletion. These requirements begin with Level 1 (Normal Water Supply Conditions) and proceed through Level S (Emergency Water Supply Conditions). (The groundwater system from which the City draws its supply is defined as a "riparian underfloor". Winter runoff soaks into the ground and slowly seeps downhill toward the ocean over a period of months. There is no storage in this system, and reducing demand in the spring and early summer does NOT preserve water in the' late summer and autumn _months. Therefore conservation efforts are aimed at reducing the community's use of water to match the system's present capacity to produce water at any given time.) B. Temporary Emergency Seawater Desalination Project The_ City.. has,., constructed_. a,.temporary_._ emergency.,project_.to treat brackish groundwater from City wells which have -been impacted by • drought -related seawater intrusion and/or to desalinate seawater to proide a supplemental source of water in the event the ground- water supply is not able to provide the community's daily demand. u Prior to operating the desalination plant, the City must declare a water supply emergency in accordance with the procedures provided in the Municipal Code, and must have imposed Level 5 water rationing conditions on the community to reduce demand as much as possible. If these methods are not sufficient to reduce demand to the point the wells can refill the City's water storage tanks overnight, thereby assuring at least one more day's water supply, the desalination plant will be used to make up the difference and refill the tanks. a IV. DROUGHT CONTINGENCY PLAN/POLICIES STAGES OF ACTION California Water Code Section 10631(e)(3): Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to 50% reduction in water supply, and an outline of specific water supply condi- tions which are applicable to each stage. MANDATORY PROHIBITIONS ON WATER USE California Water Code Section 10631Ce)(`f): Mandatory provisions to reduce water use which include prohibitions against specific wasteful practices, such as gutter flooding. CONSUMPTION LIMITS California Water Code Section 10631Ce)(5): Consumption limits in the most restrictive stages. Each urban water supplier, may use any type of consumption limit in its water shortage contingency plan,ahat.would reduce.water.,use:_and_is�,approp- riate for its area Examples'of consumption"" mits that may • be used include, but are not limited to, percentage reduc- tions in water allotments, per capita allocations, an increasing block rate schedule for high usage of water with incentives for conservation, or restrictions on specific uses. PENALTIES OR CHARGES FOR EXCESSIVE USE California Water Code Section 10631(e)(6): Penalties or charges for excessive use. The Morro Bait Municipal Code provides the City's power and authority to restrict the community's use of water under emer- gency conditions. The Code outlines a five -level series of mandatory water conservation requirements to be imposed as water supply conditions worsen over time due to temporary drought - related depletion. These requirements begin with Level 1 (Normal Water Supply Conditions) and proceed through Level 5 (Emergency Water Supply Conditions). (The groundwater system from which the City draws its supply is defined as a "riparian underflow". Winter runoff soaks into the ground and slowly seeps downhill toward the ocean over a period of months. There is no storage in this system, and reducing demand in the spring and early summer does NOT preserve water in • the late summer and autumn months. Therefore conservation efforts are aimed at reducing the community's use of water t❑ match the system's present capacity to produce water at any given time.) N • • Attached hereto is a copy of Morr❑ Baw Municipal Code Section 13.0`t.3gS describing the City's condition -based water conserva- tion requirements, and Resolution No. 13-91 establishing the current Level S Water Supply Emergency and water rationing program. These ordinances and policies conform to the require- ments of the California Water Code stated above. Many years ago the City adopted a water rate schedule using increasing block rates to encourage water conservation by its customers. Several years ago this block rate structure was modified to a logarithmic curve, so every billing unit ❑f water costs more than the preceeding unit. A copy of the current water rate structure is attached. 7 E V. WATER USE MONITORING PROCEDURES California Water Code Section 10631Ce)(9): A mechanism for determining actual reduction in water use pursuant to the Urban Water Shortage Contingency Plan. All municipal water service connections are read monthly. Customers' actual water use is monitored by the Finance Dept's water billing system and reported to the customer on their monthly bill. All water production wells and the emergency desalination plant are fully metered and all meters are read daily. Production records are totalled and reported to staff on a weekly basis, so reductions in water>production. demand. are,., quickly -;determined . 0 0 • VI. ANALYSIS OF REVENUE AND EXPENDITURE IMPACTS California Water Code Section 10631(e)(7): An analysis ❑f the impacts of the Plan ❑n the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development ❑f reserves and rate adjustments. Levels 1 through q of the Mandatory Water Conservation Requirements (see Appendix IV, 13.Oq.345 , A through D) involve increasing levels of restrictions on the uses of water. These caused use reductions from 5-15: of prior usage. This had a corresponding revenue decline from 10-20%. The increasing block method of water billing makes a greater impact on revenue than the underlying change in water use. This translates to a decline of $90,000-$160,000. The expense side remains fairly stable with the decrease in pumping costs ❑ffset by an increase in salary to add a half-time Water Code Enforcement ❑fficer. Level 5, Emergency Water Supply Conditions (see Appendix IV, 13.Oq.3g5 E, and Appendix VI) calls for a change from restricting the method of water use to restricting the total amount of water used. This level restricts a Family of three to 40 gallons per day per person. This decreases water revenue by roughly $270,000 per year which is partially offset by new penalty revenue ❑f $14S,000. In response t❑ this emergency a water de -sal plant has been constructed which will cost the City $535,000 per year for 10 years to cover the capital costs. u • UII: ADOPTION DF THE PLAN California Water Code Section 10642: Prior to adopting a Plan, the urban water supplier shall make the Plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of the hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Government Code Section 6066. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. California Water Code Section 10631(e)(8): A draft water short- age contingency resolution or ordinance to carry out the Urban Water Shortage Contingency Plan. California Water Code Section 10621(a): Each urban water supplier shall, not later than January 31, _1932, prepare, adopt, and submit to the Departmmnt an amendment to its Urban Water Management Plan which meets the requirements of subdivision (a) of Section 10631. California Water Code Section 10656: An urban water supplier that does not submit an amendment to its Urban Water Manage- ment Plan pursuant to subdivision (a) of Section 10621 to the Department by January 31, 1992, is ineligible to receive drought assistance from the State until the Urban Water Management Plan is submitted pursuant to Article 3 Ccom- mencing with Section 10BgO) of Chapater 3. California Water Code Section 10620 (d) C2): Each urban water supplier shall coordinate the preparation of its urban water shortage contingency plan with other urban water suppliers and public agencies in the area, to the extent practicable. The City's water sources are not shared in common with other urban suppliers in the area. The City's coordinated planning in the development of this plan involved meetings of the City Water Advisory Board and City Council. Public meetings and the availability of copies of the draft water shortage contingency plan were properly noticed in the City newspaper. Copies of the draft plan were available for public review at City Hall and the Public Works Department. The City held a Water Advisory Board meeting Focused on residential, commercial, industrial and governmental rationing programs and options on February 13,1992. /O The 1992 Water Shortage Contingency Plan for the City of Morr❑ Bay was Formally adopted by Resolution No. ...-92 (see Appendix VIII) at a duly noticed public hearing ❑f the City Council on The City of Morro Bay submitted a Water Shortage Contingency Plan to the Department of Water Resources ❑n 1992. • J • J Q O to O O Oa T (n N O m w u N Y n O CO ta N O Y'Q 10 O Uf N Z > ^ n N n f q N n O N W ^ •a N N Q J J 4 W H O O to O _ U' tD y O W L p .a' .a - N N h W ]G C) C O cc 3 W co tu no to to N Vl O 00 J UO W Y' h O (N7. •Of o O a .Q 1 6.S om o a O . i L� w to 0 O O" i "Z 7 C9 N. IL W E Y n O M w 2 a 0 a N 11t N >- W O_ a 1— y U ce 4 O d W O Q 1+ 31 t0 U) N N ti W m .Ni Y' ll=O N W to Z> O O O O C n W ^ N N N Q Z W n O O O QI N Y a o p O o • a m o N N G1 O O O N N N 0 L 1 • O A ■ -+3> A C O > C > O _ ..YDL .. • otw 4 0 LV UI a aN D O N C L u 7 O.V O A _ 6 b o» Q W W - O Hula Qp 1Y a tY W L.41 u 0 Ht-aC Z O C 0 7 L a 010 L E O C D J O n -Ea n M m mN�p O U. . C � D J� Y O L 0 , D L 0 W 7 L n 0 0 N A L u 3 V C y mu D + L C D Y m 0 L L m L L N D 0 O N L n C L A 0 L D 2 -� /2 4 z o43 � • �lbi? ��� til �d6�' a�as S�'o 7 ?b� /3 m Q1 y.C>N OD dP N Ch LO N Cl t` r1� ri # �D ri O� d.> m (. O /D N (A N O N N 1.1 If1 0 �: co ap O m l OI M tp b 0% It K) M N {G O e•1 � � ri N e-1 r-1 M W rW O N to r; 'r co to n m ri M N r4 r1 � r�1 O! CQ N t` In O n dp M e w Ul) a co °° . � �••t N ri r•t 3 n 0 ip N 0N t, N iq" dP O • O 0 O r= ,1 % N t0 %p M M C z ri - r.t N ri v O - ap O� O la M z O OI C4 N � N n O A N ri N M al pp m rn n O b m O O O N � cn rr4 N N ri to N V' ri cq dP M m ri r-t O r•t 01 01 M •d' O% O O M � LO � r1 � b v+� o N9rom r:(1) o0 U 44 In rt �7 'O 41 0 4J N 4-t 3vHE3NaW Uai 10 It ?, �[y N •,a U N 010 rd S P. to 3 O V o40) � W u1 0 oN fa O D-k0 a Cl. 13.04-290 • service. If such noncompliance affects matters of health and safety, and conditions warrant, the water department may discontinue water service immediately. (Ord 13 § 1(part), 1965: prior code § 9112E) 13.04300 Customer's request for discontinuance. A customer may have his water service discontinued by notifying the water department reasonably well in advance ofthe desired date ofdiscontinuance. He will be required to pay all water charges until the date of such discontinuance. (Ord. 13 § I (part), 1965. prior code § 9112F) 13.04.310 Restoration —Reconnection charges. The waterdepartment shall charge for restoring water service discontinued for noncompliance with these regulations. The city council shall, by resolution, establish the amount of the charge. (Ord. 213 § 1, 1981: Ord. 13 § 1 (part), 1965: prior code § 9112G) VIL Emergencies 13.04320 Determination of low water level. The city council shall have the power and authority to declare the water level low within the city water system whenever in its judgment sufficient facts exist Said facts may consist of; but are not limited to, any of the following: failure of pumps or motors; broken water maims; failure or shortage of water supply; increase beyond allowable limits (under State Board of Public Health rules) of mineral content of water, failure of major storage facilities. (Ord 13 § 1(part). I965. prior code § 9I26A (part)) 13.04330 Council water conservation powers. When deemed necessary in the judgmentofthe.city council to conserve waterduring low water level months. or during hood water conditions, which may contaminate city wells, the city council may by resolution declare an emergency condition and do any or all of the following which in its judgment is deemed advisable after publication of notice thereof is given by the city to users: - A. Limit irrigation within the city water service area to specified hours, or prohibit irrigation entirely within the service area; - -- B. Hold all customers inside the water service area ofthe city to specified maximum usages of water for each category of users; C. Provide adequate water to customers for all purposes except drinking and cooking, and require users to supply their own drinking and cooking water, D. Take any otheraction which the citycouncil deems necessary to protect the public health or safety, prevent contamination of city wells or other sources ofcity water, or ensure an adequate city water supply; E. The council may provide for exemptions to any conservation measure or other adopted pursuant to this section. It is unlawful for any person to violate any conservation orother measure imposed by the city council pursuant to this section. Violation of any such conservation or other measure, shall constitute a violation of this section. Failure to comply with any conservation or other measure adopted pursuant to this section may result in termination ofwater service. No water service shall be terminated until the public works director has notified in writing the customer the reasons for the proposed. termination, and given the customer an opportunity to respond, either orally or in writing. .,(Ord. 336 § 2, 1988: Ord. 13 § I (part), 1965: prior code § 9126A (part)) 13.04.340 Public works director powers. If the city council adopts a resolution declaring the water level low or any emergency in the water system as set out in Sections 13.04.320 and 13.04.330, the public works director is authorized and directed to take any or all of the following actions which in his j udgment will best conserve water during the duration of the emergency: 4morro Bev 2-89, 13.04340 • A- Specify the days and/or hours during which water users may irrigate, to take effect after publication of notice thereof in a newspaper of general circulation distributed in the city or afterwritten notice thereof is given by the city to users; IL If there is failure to complywith the limitation on irrigation, the public works department shall tam offthe waterof any suchviolator, provided, the public works director shalt not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and gives the customer an opportunity to respond either orally or in writing; G If in thejudgment of the Publicworks director, them is flagrantwaste of water (such as but not li muted to water running down gutters), the public works departmentshall turn off the water of said user, provided, the public works director shall not terminate any water service until the director gives notice in writing to the customer of the reasons for the proposed termination, and gives the customer an opportunity to respond either orally or in writing; D. Han owner of property is notified in writing by the pub&eworks director of leaks in the water line our the owneis property and has not repaired such leakswithin three days after the notification, the publieworks department shall turnoff the water on the property until the leak is repaired; E. If specified maidmum usages of water are set by the city council during low water months or other emergency conditions in the water system, and if any customer rises more than the specified maxlmu nusageforhiscategory;thensuchaviolationshallresultinthepenaltyappiiiedtothecustomer in the amount of three dollars per one hundred cubic feet of water used over the specified maximum usage for his category during the period of emergency conditions A Prohibit the filling or refilling of swimming pools, hot tabs cc spas, to take eff6a uponwritten notificationthereefbythe cityto users. (Ord.336 § 3,198& Ord. 13 § 1(part� 1965-priorcode § 9126B) 1304345 Mamlaterywatereonservatimreynirements. A. Normal Water Supply Conditions. • L Otttdoarwater use for washing veliides,boats, paved surfaces, buildings oredier similar uses shall be attended and have hand -controlled water devices, typwalty including spring4oaded shutoff nozzles. 2 Outdoor iaigationresulting increessimgutter runoff isprohibited. 3. Marinas and waterfront installations all hoses shall have spring4oaded shutoff nozzles or similar controlling devices. 4. Restaurants shall serve drinking water only in response to a specific requestby the customer. 5. Newly planted landscaping or newly seeded lawns installed prior to the date these mandatory conservation requirements are imposed maybe temporarily exempted from the provinons ofsubsection A2 of this section; provided, the ownerhenant establishes docomentation satisfactory to the city condusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption. FL Moderately Restricted Water Supply Conditions. L Use of water which results in excessive gutter runoff is prohibited. Z Outdoorwater use for washingvehicles, boats, buildings or other similar uses shall be attended and have hand -controlled water devices, typically mdudmg spring4oaded shutoff nozzles. 3. No water shall be used for cleaning driveways, patios parking lots, sideways, streets, or other such uses except where necessary to protect the public health or safety. 4. Outdoor Irrigation. a. Outdoor irrigation is prohibited between the hours of ten a m. and four pm- b. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even -num- bered addresses only on Wednesdays and Sundays, and at odd -membered addresses only on Tuesdays and Saturdays. All consumers are directed to use no more water than necessary to maintain landscaping 5. Marinas and Waterfront Installations_ (Mono ary }gt) 16 q1,Z 13.04345 • a. Use of fresh water to wash down boats, docks, or other incidental activities shall be attended and have hand -controlled devices, typically including spring -loaded shutoff noz des. b. All hoses shall have spring loaded shutoff nozzles or similar controlling devices. 6. Restaurants shall serve drinking water only in response to a specific request by a customer. 7. Newly planted landscaping or newly seeded lawns installed prior to the date these mandatory conservation requirements are imposed may be temporarily eumpted from the provisions ofsubsection Bl of this section; provided, the owneittenant establishes documentation satisfactory to the city conclusively pig the planting date- Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption- C. Severely Restricted Water Supply Conditions. L Outdoor Water Use (Except lrngatiou� a. Use of water which results in excessive gutter runoff is prohibited. b. No water shall be used for cleaning driveways, patios, parking Ions, sidewalks, streets, or other such uses except where necessary to protect the public health or safety. • c. Washing cars byuse ota hose isprohibited. Use of a bucket is permitted subject to nonwasteN applications. 2. Outdoor Irrigation. a. Outdoor irrigation is prohibited between the hours of ten a m. and four pin b. Itrigation of private and public landscaping, turf areas, and gardens is permitted at even-nom- bered addresses only on Wednesdays and Sundays, and at odd -numbered addresses only on Tuesdays and Saturdays. All consumers aredirected to we no more water than necessary to maintain landscaping. e Newlyplanted landscaping or newly seeded lawns installed prior to the date these mandatory canservationrequiremenb ateimposedmaybetemporarity c=mptodfiomtheprvvnwmofsubsechm (C)")of ddssection; provided, the ownedtenant establishes documentation sadsbctorytothe city . amdosvely proving the planting date. Any temporary exemption shall expire when the planting is mf6dendy established to survivewith twice perweeYwaternig. All other conservation measures remam applicable during the temporary exemption 3. -Mathias and waterfront Installations. a. Use of freshwater to wash down boats, dodo, or other incidental activities is prohibited. b. All hoses shall have spffig-loadedshutoff nozzles or dwil rcontrollmgdevices. 4. Restaurants shall serve water only fn response to a specific request by a customer. I Eraptying and refillingrif swimming pools and commercial spas isprohibited except toprevent structural tural damage and/or to comply with public health regulations. 6. Use of potable water for compaction or dust control purposes it construction activities is prohibited 7. Any dysfunctional waterfixtures in publicorcommercial facilities shall be repaired within three days of receipt of notification by the city. & All visitor -serving facilities in the city shall prominently display these mandatory water conser- vation requirements for the benefit and education of visitors to the community. Such display shall be done in a permanent vandal -resistant manner. Visitor -serving facilities shall include, bht not be limited to, all motels, restaurants, campgrounds, recreational vehicle parks, mobile home parks, service stations, public restrooms, etc The owners or managersofsuch facilities shall distribute to all customers a printed handout or flyer describing these mandatory water conservation requirements. Such handouts or flyers shall be provided to the owners or managers of such facilities by the city free of charge. A Critical Water Supply Conditions. 1. Outdoor Water Use (Except Irrigation). a. Use of water which results in gutter runoff is prohibited. b. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets or other such uses, except where necessary to protect the public health orsafety, and then only by use of a bucket • of water and brush. firwm 9.y191) 7 �� 13.04.345 . a Washing cars or other mobile vehicles and equipment, including trailers and boats on trailers, is permitted only by the use of a bucketofwater. No use of hoses, even if equipped with a shut-offnoale, is permitted Commercial car washes are exempt from these provisions. d. Use of potable water to wash buildings, houses or mobile homes is prohibited 2. Outdoor Irrigation. a. Outdoor irrigation is prohibited between the hours of nine a m. and five p.m. b. Irrigation of landscaping and gardens is permitted at even -numbered addresses only on Wednesdays, and atodd-numbered addresses only on'Ihesdays. Noncommercial food -crop gardens are exempt from these restrictions. 3. Marinas and Waterfront Installations. a. Use of fresh water to wash down boats or docks, or for other incidental activities, is prohibited. b. All hoses shall have spring -loaded shutoffs orsimilar devices, and may beused only tofill water Links of boats or to flush outboard engines. 4. Restaurants shall serve water only in response to a specific request by a customer- 5. Emptying and refilling swimming pools and spas is prohibited except to prevent structural damage and/or to comply with public health regulations. 6. Use of potable water for compaction or dust -control purposes in construction activities is prohibited. 7. Any dysfunctional waterfirtures in public commercial fatalities shall be repaired immediately. 8. _ All visitor -serving facilities in the city shall prominently display -these mandatorywaterconser- vation requirements for the benefit and education of visitors to the community. Such display shall be donam apermanen4vandal-redstantmanner. Visitor -serving famu7ibes shall indnde, but not be limited to,allmoteL%restaurants, campgrounds,remeationalvehmleparks,mobilehomeparis,smVicestatiems, publicrestrooms, etGllheowners ormanagers otsuclihicilities shall distribute to all ctutomersaprinted handout or flyer describing these mandatorywater conservation requirements. Such handouts or flyers • shall be provided to the owners or managers of such facilities by the city free of charge. E Emergency Water Supply Conditions. The city council may impose water rationing ruphe- ments as it deems appropriate in accordance with Sections 13.04.330 and 13.04-140. (Ord 381,1990, Ord 374 §$ 2-4,1990, Ord 347 § 3,1989) 13.04.347 Basis for allocation of water to new uses. A. The city shall not allocate water to new we on the basis oil: L Any project performed by the city or on city -managed property; 2. Any water savings that was not derived from, or accomplished by, a specific city -approved and city -contracted project; 3. Any project, or part thereof, that haspreviouslyeamedwatersavmpereditforallocation.Thus, a toilet fatality, whose retrofit had earned allotment credit, shall not become a factor in a subsequent retrofit by another fixture replacement; 4. Past, present or future replacement of the city water pipes; 5. An excess of fifty percent of that water saved from any project. No more than one-half of the savings from a project shall be so allocated; 6. An increase in the amount originally contracted for allocation from a project; or 7. Mandated projects, measures or procedures, including compulsory retrofitting of private property and forced rationing of water use. B. The word "project," as used in this section, shall denote any measure, act, process orprocedure by which the consumption of potable city water may be assumed or expected to decrease and thereby legally permit the allocation of city water to new use. G Any water allotment to nonprofit public facilities which are supported by public funds shall be • exempt from paragraphs 1, 2 and 3 of subsection A of this section. (Ord 390 § 1,1990) (Mono eq 3.91) • \J , • RESOLUTION NO. 13-91 DECLARING AN EMERGENCY WATER SUPPLY CONDITION T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay obtains the entirety of its munic- ipal water supply from groundwater -wells in the underflows ❑f the Morro and Chorr❑ Creek basins; and WHEREAS, annual rainfall has been insufficient to adequately recharge the aquifers from which the water supply is drawn to produce an adequate water supply for the present dry season; and WHEREAS, the condition of said aquifers has declined to the.point where -the pumping capacity of the City's municipal- wells has become diminished; and WHEREAS, Morro Bay Municipal Code Sections 13.04.320 et seq. establish the City Council's authority to declare an emergency and impose restrictions on the community's use of water in the event of a water supply shortage; and WHEREAS, on - August 13, 1990 the Morro Bay City Council adopted a contingency water rationing plan to be implemented in the event of 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 to depleted pumping capability or deteriorated water quality; and WHEREAS, on February 11, 1991-the Director ❑f Public Works re- ported to the City Council that the City's municipal water wells may become incapable of re -filling overnight the City's water storage tanks due t❑ depleted pumping capability and deteriorated water quality at any time in the immediate future. NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Morro Bay as follows: 1. The City Council of the City of Morro Bay hereby determines the water level to be low within the City water system, and declares an emergency water supply condition. 19 11 El RESOLUTION NO. 13-91 - EMERGENCY WATER. SUPPLY CONDITION Page Two of Two 2. 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 Bag water system as described in the "Water Rationing Program" attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED on this 11th day of Febuary, 1991, bg the Following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT None ROSE MA IE SHE Z, Mayor' ATTEST: ARDITH DAUIS, City Clerrc- 20 M Exhibit A • EMERGENCY WATER SUPPLY CONDITION REVISED WATER RATIONING PROGRAM (Level 5) (Rev 7/8/91) 1. AlIowable 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 (9) 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 = 750 gallons. Nine billing units per month - 225 gallons per day = 0.99 water equivalencies per year.) • a Multi -family residential (apartments and condos): The maximum allowable water use per dwelling unit shall be seven (7) billing units per month for up to three permanent residents, with two additional units for each additional permanent resident. C. Mobilehome parks- The maximum allowable water use per dwelling unit shall be five (5) billing units per month for up to three permanent residents with two additional units for each additional permanent resident. D. 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. E Commercial and non-residential uses: The maximum allowable water use shall be an amount equal to the customer's prior water use at that Iocation for the same billing period last year (or the average of the prior two years if available). • Revised Level 5 Emergency Water Rationing Program Page Two 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 200% surcharge for the third consecutive billing period in which the maximum allowable amount is exceeded. 3. Any surcharges incurred by customers under the emergency water -- -rationing program prior to 22 April, 1991 shall be waived. - 4. 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 matter is still not resolved it may then be appealed in writing to 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 circumstances and conditions of the customer to insure any such surcharge or maximum allowable amount is reasonable and appropriate for that customer. 5. The City shall place an immediate temporary moratorium on issuing building permits to begin construction of new projects which would accommodate new water use. (This includes restaurant or commercial - type expansions which would increase water use.) 22 �-E- USAGE 11 WATER TOTAL USAGE/ WATER UNIT USAGE CHARGE 0 0.00 2.34 1 2.34 2.34 2 2.37 4_71 3 2.39 7.10 4 2.41 9.50 5 2.42 11.92 6 2.43 14.35 7 2.44 16.80 8 2.46 19.25 9 2.47 21.72 10 2.48 24.21 11 2.50 26.70 12 2.51 29.21 13 2.52 31.73 14 -2.54 34.27 15 2.55 36.82 16 2.56 39.38 17 2.57 41.95 18 2.59 44.54 19 2.60 47.14 20 2.61 49.75 21 2.65 52.40 22 2.69 55.09 23 2.73 57.82 24 2.76 60.58 25 2.80 63.38 26 2.83 66.21 27 2.86 69.07 28 2.89 71.96 29 2.91 74.87 30 2.95 77.82 31 2.98 80.80 32 3.00- 83.80 33 3.03 86.83 34 3.06 89.88 35 3.08 92.96 36 3_09 96.06 37 3.12 99.18 38 3.15 102.32 39 3.16 105.49 40 3.19 108.67 41 3.21 111.88 42 3.22' 115.10 43 3.25 118.35 44 3.26 121.62 45 3.29 124.90 46 3.30 128.21 47 3.32 131.52 48 3.34 134.86 49 3.35 138.22 50 3.38 141.60 ' USAGE WATE=. TOTAL ` USAGE WATER TOTAL " USAG£ WATER " USAGE/ WATER ' G ZT USAGE ' UNIT USAGE ' CHARGE ' CHARGE ' 53 -.42 151.81 * 106 4.00 350.79 ' 54 .43 155.25 * 107 4.02 354.81 * 55 3.46 158.70 ' 108 4.03 158.84 * 56 -.47 162.18 ` 109 4.03 362.87 * 57 .13 165.66 * 110 4.04 366.91- ' 58 _.50 169.16 * 111 4.04 370.96 ' 59 '.51 172.67 112 4.06 375.01 ' 60 .52 176.19 * 113 4.07 379.08 * 61 .54 179_73 ' 114 4.07. 383.15 * 62 3.35 183.27 * 115 4.08 387.23 * 63 3.56 186.84 * 116 4.08 391.31 * 64 3.59 190.42 117 4.10 395.41 * 65 3.60 194.03 _* ' 118 4.10 399.50 * 66 3.61 197.64 * 119 4.11 403.61 * 67 3.61 201.25 * 120 4.12 407.73 * 68 3.63 204.88 * 121 4.12 411.85 * 69 3.94 208.52 * 122 4.13 415.99 * 70 3.65 212.17 * 123 4.13 420.12 ' 71 3.67 215.84 * 124 4.15 424.27 * 72 3.68 -219.52 * 125 4.15 428.42 * 73 3.69 223.21 * 126 4.16 432.58 * 74 3.71 226.92 * 127 4.16 436.74 * 75 3.72 230.63 * 128 4.17 440.91 * 76 3.73 234.36 * 129 4.17 445.08 * 77 3.74 238.11 * 130 4.19 449.27 ' 78 3.74 241.85 * 131 4.19 453.45 * 79 3.76 245.61 * 132 4.20 457.65 * 80 3.77 249.38 * 133 4.20 461.85 * 81 3.78 253.16 * 134 4.21 466.06 * 82 3.80 256.96 * 135 4.21 470.28 * 83 3.60 260.75- * 136 4.23 474.50 * 84 3.21 264.56 * 137 4.23 478.73 * 85 3.82 268.39 * 138 4.24 482.96 * 86 3.84 272.22 * 139 4.24 487.20 * 87 3.85 276.07 * 140 4.25 491.45 * 88 3.25 279.92 * 141 4.25 495.70 * 89 3.86 283.78 * 142 4.26 499.97 * 90 3.97 287.65 * 143 4.26 504.23 * _ 91 3.87 291.53 * 144 4.26 508.50 ' 92 3.89 295.41 * 145 4.28 512.77 * 93 3.50 299-.31 * 146 4.28 .517.05 * 94 3.91 303.23 * 147 4.29 521.34 * 95 3.91 307.14 * 148 4.29 525.63 * 96 3.93 311.06 * 149 4.30 529.93 * 97 3.94 315.00 * 150 4.30 534.24 * - 98 3.94 318.94 * 151 4.32 538.55 * 99 3.95 322.89 * 152 4.32 542.87 * 100 3.97 326.86 * 153 4.32 547.18 * 101 3.57 330.82 * 154 4.33 551.51 * 102 3.98 334.80 * 155 4.33 555.84 * I03 3.99 338.79 * 156 4.34 560.18 51 3.39 144.99 ' 52 3.41 148.40 104 3.39 342.78 * 105 4.:0 346.79 * 157 4.34 564.53 158 4.36 568.88 23 RESOLL7TION NO. 2G-92 RESOLUTION DESIGNATING THE SAN LUIS OBISPO AREA • COORDINATING COUNCIL AS THE CONGESTION MANAGEMENT AGENCY FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, as a result of the 1990 census, San Luis Obispo County now contains an urbanized area with a population of more than 50,000, which requires establishment of a Congestion Management Agency (CMA) and development of a Congestion Management Program (CMP); and WHEREAS, State law requires that the County Board of Supervisors and the city councils of a majority of the cities representing a majority of the population of the incorporated area of the county adopt resolutions designating a Congestion Management Agency; and WHEREAS, the San Luis Obispo Area Coordinating Council (hereinafter known as the Area Council) is the designated Regional Transportation Planning Agency (RTPA) for the San Luis Obispo region; and WHEREAS, Area Council delegates include the five members of the County Board of Supervisors and an elected official from each of the seven incorporated cities in the county; and WHEREAS, the Area Council will, as the designated Metropolitan Planning Organization (MPO), be eligible for Federal Planning funds which can be used to prepare the CMP; and WHEREAS, the Area Council reviewed such designation with the City/County Managers Group, received a unanimous recommendation from the interjurisdictional Technical Transportation Advisory Committee, and on December 4, 1991 unanimously recommended that each City and the County designate the Area Council as the CMA for the County; and WHEREAS, it is the desire of the City of Mono Bay that the Area Council be the designated Congestion Management Agency. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Morro Bay hereby formally designate the Area Council as the Congestion Management Agency for the City of Mono Bay. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of February, 1992 on the following vote: AYES: Baker, Luna, Mullen Wuriu, 5heetz NOES: None ABSENT: None ATTEST: AR ITH DA V S, City C er RESOLUrrxC)M NO _ 25-92 • RESOLUTION DESIGNATING THE SAN LUIS OBISPO AREA COORDINATING COUNCIL AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, as a result of the 1990 census, San Luis Obispo County now contains an urbanized area with a population of more than 50,000, which requires establishment of a Metropolitan Planning Organization (MPO); and WHEREAS, the San Luis Obispo Area Coordinating Council (hereinafter known as the Area Council) is the designated Regional Transportation Planning Agency (RTPA) for the San Luis Obispo region; and WHEREAS, Area Council delegates include the five members of the County Board of Supervisors and an elected official from each of the seven incorporated cities in the county, - and WHEREAS, as the Metropolitan Planning Organization (MPO), the Area Council will be eligible to receive Federal funds which can be used for various regional transportation planning purposes; and WHEREAS, it is in the best interest of the County of San Luis Obispo that the Area Council be designated the Metropolitan Planning Organization (MPO) for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby formally designate the San Luis Obispo Area Coordinating Council as the Metropolitan Planning Organization (MPO) for San Luis Obispo County. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of February, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 4 !� A DITH DAVIS, City Clerk . RESOLUTION NO. 24-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT (CONCEPT ANDPRECISE PLAN) AND COASTAL DEVELOPMENT PERMIT TO ERECT TWO SINGLE STORY MODULAR OFFICE BUILDINGS TO BE LOCATED AT THE P.G.& E. SITE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 02-92/CDP 05-92 WHEREAS, the Planning Commission, on the 18th day of February, 1992, following a duly noticed PUBLIC HEARING, did approve a request by P.G. & E. for a Conditional Use Permit (Concept and Precise Plan) and Coastal Development Permit to erect two single story modular office buildings to be located at the PG&E site, 1281 Embarcadero; and WHEREAS, The City Council of day of February, 1992, did hold consider the request; and the City of Morro Bay on the 24th a duly noticed PUBLIC HEARING to .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, 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 project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 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, certified Coastal Land Program (LCP), and Zoning Ordinance; and 5. The project is a replacement, with a small enlargement of existing mobile office units and PG&E provides its own water supply independent of the City system. • •Resolution No. 24-92 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 Case No. CUP 02-92/CDP 05-92 with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of February, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None • ROSE MARSE, ETZ ARDITH DAVIS, City Clerk E CONDITIONS OF APPROVAL CASE NO. CUP 02-92/CDP 05-92 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 the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the • Planning Commission. 4. Compliance with Law: All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. • •Conditions of Case No. CUP Page Two C] Approval 02-92/CDP 05/92 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. SPECIAL CONDITIONS: 1. Existing mobile office units totaling approximately 10,000 square feet in floor area shall be removed not later than three (3) months following occupancy approval of the replacement units authorized by this permit. 2. Secure bicycle storage shall be provided in the parking area or adjacent to the building for not less than five (5) bicycles. 3. The parking lot shall include handicap parking spaces pursuant to Title 24 of the State Building Code. Ll + ' + G� mot' • y + `��z9 �� �� + � 2��+ r - cy r $ a- m; o+ I JO _ + �b + Zrn '9 " G m m o � v o c > D O it m T v O R1 D Cn z. In �/ h - 2 ° e 6 3 Z E T 0 i-. • _o 0 776 n • i i • • I y m c D 0 x E- -1 � 2 m I m � • • • City of Morro Bay Resolution Number 23-92 A Resolution Commending the San Luis Obispo County Chapter of the American Red Cross Upon 75 Years of Local Service The City Council City of Morro Bay, California TVY1ERV-AS, a Chapter of the American Red Cross commenced providing services to San Luis Obispo County in 1917; and WHEREAS, the American Red Cross is chartered by the U.S. Congress to provide service to military families and provide aid to victims of disaster; and `W`XER,EAS, during said 75 years of local service, the American Red Cross has assisted Morro Bay residents and the community with emergency food and supplies, shelter, clothing, first aid and CPR training classes, military family communication and support services, and compassionate human contact during times of disaster and need; and `W"XER.EAS, the San Luis Obispo County Chapter has recently moved to a larger office and training facility on Prado Road in the City of San Luis Obispo to enable the distribution of increasing demands for services to this County. x0` ,, ZXERUFORE, BE PrRESOLVED that the City Council of Morro Bay, California, does hereby extend its commendation and appreciation to the San Luis Obispo County Chapter of the American Red Cross upon reaching the milestone of providing invaluable services to this community and County for 75 years, and wishes the Chapter continued success as they dispense emergency and personal assistance from their new facility. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of February, 1992, by the following vote to wit: A''T£ . Baker, Luna, Muffen, Wuriu, Sheetz NOES: Wom ABSENT' Tone R E E EETZ, ;ffTPF-SI.� ARDITH DAVIS, City Clerk Trw, City of 96mo Bay is dedicated to the preservation and enhancement of the quaflty of 1ife wfdch we all enjoy. 41h are mmndmdto this purpose and w1II pm nde a lent of m akipatservia con Lti t and resporaive to mrpui6e and its nuds- it • RESOLUTION NO. 22-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND EXTENDING A SPECIAL USE PERMIT TO ALLOW ICE CREAM VENDING FROM A VEHICLE ON THE PUBLIC STREETS WITHIN THE RESIDENTIAL DISTRICTS 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 CASE NO. SUP 24-91 WHEREAS, The City Council of the City of Morro Bay on the 26th day of August, 1991, did hold a duly noticed PUBLIC HEARING and approved a request of Christine Heinich and Brian Candela to allow ice cream sales from a vehicle on city streets; and WHEREAS, the approval was subject to a Special Condition (No. 10) which requires the Council to review for the ice cream vending business compliance with conditions and compatibility with general public health and welfare; and WHEREAS, the City Council of the City of Morro Bay on the 24th day of February, 1992, did hold a duly noticed PUBLIC HEARING to review the Special Use Permit; 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 applicants have complied with all conditions of Special Use Permit 24-91. 2. There have been no public complaints or other indications of conflicts with the general public welfare. 3. A mobile ice cream vendor provides a desirable service to the residential neighborhoods of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby grant the extension for the Special Use Permit No. 24-91 subject to a modification of Special Condition No. 10 as shown on the attached exhibit; and 3. All other Conditions of the Special Use Permit No. 24-91 remain in full force and effect. • Resolution No. 22-92 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of February, 1992, by the following vote to wit: AYES: Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Baker �� A a=- ARDITH DAVIS, City Clerk ROSE "MAARTF'.qHEETZ, ayor r CONDITIONS OF APPROVAL Case No. SUP 24-91 A. STANDARD CONDITIONS • 1. This Special Use Permit is granted for the Use 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 operation of the use 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 City Council. 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 Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the City Council. 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 business License 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. SPECIAL CONDITIONS • 1. Business License: The operator shall obtain a Business License prior to initiating the use. 2. Limited Streets: The operation shall only be conducted on residential and industrial streets and business may not be conducted on commercial streets, including, but not limited to the Embarcadero, Morro Bay Blvd., and the commercial sections of Main Street. 3. Stonning Reauirements: The vehicle may not be parked in any permanent or semi -permanent location for the purposes of sale, display or other commercial use. furthermore, the vehicle shall not stop or double park within any travel lanes and shall only be parked temporarily within legal street parking spaces. 4. Customer Service Access: Customer service shall be limited to the curb side or rear of the vehicle, away from the travel lanes. 5. Noise Levels: The vehicle audio announcement shall be a musical recording played at levels which comply with the Municipal Code sound levels and shall not disturb residents within the City. 6. Hours of Operation: The business hours shall be limited to 8:00 a.m. to dusk weekdays and 9.00 a.m. to dusk on weekends and holidays. •7. Insurance Required: Prior to the issuance of a business license, the applicant shall secure and provide to City a comprehensive public liability and property damage insurance policy naming the city as additional insured in amounts and on the terms as approved by the City Risk Manager. S. No Flashing Lights: There shall be no flashing lights or other items on the vehicle which could be distractive to other motorists. 9. Vehicle Operation: Prior to issuance of a business license, the vehicle operation shall be subject to the approval of the City Engineer and a payment of a fee established in the Master Fee Schedule pursuant to Section 10.28.140. 10.The pe,-mlt shall be valld for an initial peried of slat menths at whieh time it shall be returnedte - Fity Geuneil €er regrew €er eempliamee—with eendik!iena-and sempatibility with -general —pubile health and welfare. Thereafter The permit shall be valid for one year and may be extended by the City Administrator for additional one year periods provided that the applicant meets all conditions, that there are no complaints regarding the business operation or operator, and that there are no new laws which would affect the business. 0 RESOLUTION NO. 20-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ACCEPTING • COASTAL COMMISSION CERTIFICATION WITH CONDITIONS OF AMENDMENTS TO THE LAND USE PLAN OF THE MORRO BAY LOCAL COASTAL PROGRAM TO CONFORM TO MEASURE H T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GPA/LCP/ZOA 01-91 (MEASURE H) WHEREAS, The City Council of the City of Morro Bay on the loth day of June, 1991, did adopt Resolution No. 64-91 which Resolution adopted certain amendments to the Morro Bay Local Coastal Program Land Use Plan and Text and Map for property known as the Williams' Brothers property, generally located adjacent to Highway 1 and Morro Bay Boulevard as intended by citizens initiative Measure H; and WHEREAS, on the 24th day of June, 1991 the City Council of the City of Morro Bay did adopt Ordinance No. 400 which Ordinance did amend the Local Coastal Program Implementation Program (Zoning Ordinance) Text and Map for the Williams Brothers Property; and WHEREAS, such amendments were submitted to the California Coastal Commission for certification as part of the City's Local Coastal Program, such amendments to become effective immediately and automatically upon certification by said Coastal Commission; and • WHEREAS, said amendments were considered by the California Coastal Commission at its regular meetings held October 11, and November 13, 1991, and were certified with the condition that said amendments include certain modifications to the text and maps as recommended and set forth in the report and action taken by the Coastal Commission; and WHEREAS, because said modifications were major in nature, the City Council, on the 27th day of January, 1992 did refer the modifications to the Planning Commission for review and recommendations; and WHEREAS, on the 18th day of February, 1992 the Planning Commission held a duly noticed PUBLIC HEARING to consider the modifications, staff report and public testimony; and WHEREAS, the Planning Commission, following said PUBLIC HEARING did make recommendations to the City Council; and WHEREAS, the City Council, on the 24th day of February, 1992 did hold a duly noticed PUBLIC HEARING to consider the Coastal Commission modifications, the Planning Commission recommendations and all public testimony; and WHEREAS, the City Council does hereby determine and find for the •purposes of the California Environmental Quality Act that the contemplated modifications to the Local Coastal Program and the supporting information are exempt from CEQA as the functional equivalent of an EIR and no further documentation is necessary; and k Resolution No.20-92 Page Two • WHEREAS, the contemplated modifications to the amendments are internally consistent with other portions of the Local Coastal Program and are consistent with all elements of the City's adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds that the above recitations are true and correct and constitute the findings of the City Council in the matter; and 2. The City Council hereby accepts the conditions of certification by the California Coastal Commission and amends to conform thereto its previously adopted Resolution No. 64-91 which Resolution adopted amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within the Williams Brothers property; said conditions are set forth in Exhibit A attached hereto and made a part hereof by reference; and 3. The City Council hereby acknowledges the California Coastal Commission resolution of certification including the terms and modifications which were required for final certification; accepts and agrees to such terms and modifications and by this Resolution takes the formal action required to satisfy the terms and modifications and •agrees to issue Coastal Development Permits for the total area included in the certified Land Use Plan pursuant to Public Resources Code 30600.5 in accordance therewith. PASSED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of February, 1992, by the following vote to wit: AYES: Baker, Wuriu, Sheetz NOES: Luna, Mullen ABSENT: None ROSE MARI EETZ, Mayor ARDITH DAVIS, City Clerk • Sh LLI i w MORRO BAY LOCAL COASTAL PROGRAM AMENDMENT 2-91 (MEASURE H) Page 6 • II. SUGGESTED MODIFICATIONS 1. Revise tie Land Use Plan Mao � to reflect the recommendation as shown on Exhibit i2 to show the limits of the land use des i nation o" 'strict ommer i-s ,IAPlanned D veloppent- Din Visiro�.rv��9��mm� tj�an•sto(l.�Lvef'oPr3sa�7` 2. Revis,V the,,4_and,,,dsa Plan Ma tc esignatz he r aini acr s th a reinot� e srbjec, Me use ac: o e Aar cui la us �eg0�`J; ejuS era j.Or a-6 _i arises at het , on t Ca rC is y es; a`_ use d S' Hj way e. G. Revise t e City Zoning Map to show the limits of the zoning distric j -. (sa= Exhibit 1). 4 ,Re? se he ty yonirya Maps t� rec sigPate he r maid. Vre tIpf suet/-JJora ti acy to e vr�cu(turg a;-iC_ Yfi th ex ptjon t5 crd i n 1 pis IWXITc-'07 dam L reE ect e ew oc to of e grci_ d u a ne 0 e e_ re- ibsi � ;C L U P1n m- r- t +t sh �s aeVresoceee +the 'cm r"cly es 1r,aa_aat- hi ,way o 0 c an r_ se e z ni r,- to ao �h a a sianat 071. / III. PEC^uMME11DE0 "iNOINGS: The Commission finds ono declares a<" follows: A. Content and ccation of Submittal The proposed amendment _tffects the _-proximate 38 acre area previously rezoned to C.;nerCial and Visitor-=erving pursuant cc a voter initiative in November of 1986. The Coastal Commission approved a redesignation in June of 1988 pursuant to -`hat •voter initiative (iheasure 8), With subsecuent Commission action on ^e implementation portion to fully implement Measure 8. That redesianaiian (from the original LCP designation of Agriculture) remained a topic of controversy in the City of Morro Day Culminatina in another voter initiative, Me854re W . Measure 'H' proposed: 'o amend its General Plan and Land Use Plan and all applicable ordinances, policies and maps to desicnata a portion of the Williams property within the city limits for distric- commercial use, includina_ a new shoopinc center. The tctal area to be de5iarated shall be 13 gross acres, generally located adjacent to Highway 1 and Marra Bay Boulevard. (see Exhibit 5 for full text). • Policy 6.07: The City's Urban/Rural 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 approximately, 38 acre- area. adjacent to Highway One and designated for commercial and open area uses. RESOLUTION NO. 19-92 APPROVAL OF AMENDMENT 11 TO LEASE SITE 53-56/53W-56W ADDITION OF CHARTER VESSEL & PASSENGER VESSEL AS AN APPROVED USE AND CHANGES TO PERCENTAGE GROSS RENTAL SECTION 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 (City) is the lessor of tidelands property known as Lease Site 53-56/53W-56W, and; WHEREAS, Antone Sylvester Tug Service is the lessee (Tenant) of said lease, and; WHEREAS, Antone Sylvester Tug Service has received a Conditional Use Permit (CUP No. 40-91) for a one year approval of operation of a charter boat business to operate from said lease, and; WHEREAS, the lease for Lease Site 53-56/53W-56W does not currently allow for charter boat or passenger carrying vessel uses on the site, and; WHEREAS, City and Tenant agree to amend said lease per the • attached Lease Amendment. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Lease Amendment is hereby approved, adding "charter boat and passenger vessel use" as an additional permitted use, allowing for a percentage gross rental payment on all sales and revenues from the charter boat and passenger vessel use and making such operations subject to the conditions set forth in CUP No. 40-91. BE IT FURTHER RESOLVED that such approval is subject to receipt of all fully executed documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of February, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None AR MA IE SHE Z, MAYOR ARDITH DAVIS, CITY CLERK�— • • n u AMENDMENT #1 LEASE SITE 53-56W This amendment to the lease for Lease Site 53-56/53W-56W is entered into on February 24, . 1992 by and between the City of Morro Bay a municipal corporation of the State of California herein called City, and Antone Sylvester Tug Service, Inc. a California corporation, currently doing business as Sylvester's Tug Service, herein called Tenant. Whereas, Tenant is party to the current lease for Lease Site 53- 56/53W-56W which commenced on March 1, 1991 and will terminate on February 28, 2021; and WHEREAS, Tenant desires to initiate a charter boat business to be known as "Coastal Cruises" using Tenant's existing crew boats and operating from Lease Site 53-56/53W-56W; and WHEREAS, Tenant has applied for and received a Conditional Use Permit from the City to commence the proposed new use; and WHEREAS, the lease for Lease Site 53-56/53W-56W does not currently allow for charter boat or passenger carrying vessel uses on the Site and City and Tenant wish to amend the lease to allow such uses under the following conditions. NOW THEREFORE, City and Tenant agree to amend the lease for Lease Site 53-56/53W-56W dated March 25, 1991 as follows: 1. Section 3.01 PERMITTED USES: The Permitted uses of the lease shall be amended to allow "operations of a charter boat and passenger vessel business" as an additional permitted use of the lease site. A second paragraph shall be added to Section 3.01 as follows: "City agrees to allow the charter boat and passenger vessel use only under the conditions of approval for CUP No. 40-91 and City and Tenant agree that if CUP 40- 91 terminates, is withdrawn or revoked, then the charter boat and passenger vessel use will no longer be a permitted use of the site. Tenant agrees to comply with the conditions of CUP No. 40-91 including eventual provision for parking as determined after the original one year period of the CUP. Tenant agrees that it will not permanently berth any vessel or construct any improvement or allow any obstruction outside of its Lease Site area." AMENDMENT ail LEASE SITE 53-56/53W-56W PAGE 2 • 2. Section 13.01 AMENDMENT TO SECTION 2.04 GROSS SALES: Section 13.01 is deleted and replaced as follows: "Tenant and City mutually agree that all sales and revenues from the charter boat and passenger vessel use will be categorized under "Other" of Exhibit B and shall be subject to 10% of gross sales rent. Sales which are subject to 10% of gross sales rent shall include, but not be limited to, all sales from food service, liquor, retail goods, ticket sales or charters and any and all other sources as defined in Section 2.04 hereof whether sold at sea or on land directly by Tenant or by a concessionaire or contractor of Tenant. Tenant is not required to include sales, revenues or income from Tenant's tug boat service operation in Tenant's statement of gross sales and such sales and income from Tenant's tug boat service are not subject to percentage of gross sales rent." All other terms and conditions for said lease dated March 25, 1991 shall remain in full force and effect. In witness whereof the parties hereto have executed this lease amendment: • CITY I F MORRO BAY ANTONE SYLVESTER'S TUG SERVICE ROSE MARIE 411EETZ, MAT99 BY OFFICER ATTEST: ARDITH DAVIS, CITY CLERK APPROVED AS TO FORM: aN f4WA ��- JU Y SKOUSE ITY ATTORNEY • Lie-� j/� - BY OFFICER RESOLUTION NO, 18-92 ESTABLISHING MODERATELY -RESTRICTED • WATER SUPPLY CONDITIONS T H E C I T Y C O U N C I L City ❑F Morr❑ Bay, California WHEREAS the City of Morr❑ Bay ❑btains the entirety ❑F its munici- pal water supply From groundwater wells in the underflows ❑f Morr❑ and Chorro Creek Basins; and WHEREAS on February 11, 1991 the City Council adopted Resolution No. 13-91 declaring the City ❑F Morro Bay to be in an emergency water supply condition due t❑ depleted groundwater conditions; and WHEREAS due to continued recent rainfall the groundwater quality has improved t❑ the eXtent emergency treatment is not presently necessary to deliver potable water t❑ the municipal system; and WHEREAS it is unknown whether said rainfall has been sufficient to return the groundwater supply to a "normal" condition; and WHEREAS the condition of the groundwater aquifers may decline to • the point where the pumping capacity ❑F the City's municipal wells may become Further diminished; and WHEREAS it is necessary For the preservation OF the public peace, health and safety that the City of Marr❑ Bay maintain a degree of water conservation in ❑rder to protect the City's municipal water supply For human consumption, sanitation, and Fire protection; and WHEREAS, on February 13, 1992 the City Council's Water Advisory Board unanimously recommended the City Council reduce the mandatory water conservation requirements t❑ Level 2, Moderately Restricted Water Supply Condition, as soon as possible; and WHEREAS, the Water Advisory Board further unanimously recommended the Council modify the Municipal Code requirements for Level 2 to delete the sentence restricting ❑utdoor irrigation t❑ tw❑ days per week. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ❑f Morro Bay as Follows: i. The City Council hereby declares the water supply condition ❑F the City of Morro Bay at this time t❑ be "Moderately Restricted"; and n \J F�I L RESOLUTION NO. 18-92 HODFRATELY-RESTRICTED WATER SUPPLY CONDITIONS Page Two 2. The City Council hereby institutes and imposes mandatory water conservation measures on all customers of the City of Mo=o Bay water system as described in Morro Bay Municipal Code Section 13.04.34S.B, "Moderately -Restricted Water Supply Conditions"; and 3. The City Council hereby declares its intent to modify Muni- cipal Code Section 13.04.350.B.4.b to delete the two-day per week restriction on outdoor irrigation, and hereby directs Staff to draft an ordinance to this effect for Council's consideration. In the interim Council directs Staff not to enforce this provision ❑f the current ordinance, but urges citizens to irrigate efficiently and effectively. PASSED, APPROVED AND ADOPTED on this 24th day of February, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ... AROITH DAUIS, City Clerk. EXHIBIT A MODERATELY -RESTRICTED WATER SUPPLY CONDITIONS • (Level 2) 1. Use of water which results in gutter runoff is prohibited. 2. Outdoor water use for washing vehicles, boats, buildings ❑r other similar uses shall be attended and have hand - controlled water devices, typically including spring -loaded shutoff nozzles. 3. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, ❑r ❑ther such uses except where necessary t❑ protect the public health ❑r safety. Li ❑utdoor Irrigation. a. Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m. b. Irrigation of private and public landscaping, turf areas, and gardens is permitted at even -numbered addresses ❑nly on Wednesdays and Sundays, and at ❑dd-numbered addresses only on Tuesdays and Saturdays. All consumers are directed to use no more water than necessary to maintain • landscaping. S. Marinas and Waterfront Installations. a. Use ❑f fresh water t❑ wash down boats, docks ❑r other incidental activities shall be attended and have hand - controlled devices, typically including spring -loaded shut- off nozzles. b. All hoses shall have spring -loaded shutoff nozzles or similar controlling devices. G. Restaurants shall serve drinking water ❑nly in response t❑ a specific request by a customer. 7. Newly planted landscaping or newly seeded lawns installed prior t❑ the date these mandatory conservation requirements are imposed may be temporarily exempted from the provisions of Paragraph 4.b; provided the owner/tenant establishes documentation satisfactory t❑ the City conclusively proving the planting date. Any temporary exemption shall expire when the planting is sufficiently established to survive without excessive gutter runoff. All other conservation measures remain applicable during the temporary exemption. • RESOLUTION NO. 17-92 RESOLUTION PROHIBITING PARKING ON QUINTANA ROAD AT MAIN STREET T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a new traffic signal at the intersection of Main Street and Quintana Road has been installed; and WHEREAS, the traffic channelization on Quintana Road to accommodate the new traffic signal has restricted traffic movement and presented possible hazardous conditions with parked vehicles; and WHEREAS, it has been determined to be in the interest of public health, safety and welfare to restrict parking on Quintana Road at Main Street. •NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that parking be and is hereby prohibited on both sides of Quintana Road for a distance of 250 feet east of the intersection of Main Street and Quintana Road. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of February, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None R SE MARIE SItEETZ, May ATTEST: ARDITH DAVIS, City Clerk v • r 11 • Chu of Morro Bay R,eso(ution Number 16-92 A Resolution of the City Council of the City of Morro Bay Announcing Findings and Thanking the Estero Bay Surf Club for Construction of a Public Dressing Shelter at Morro Rock The City Council City of Morro Bay, California 7Ni� , the public beach at Morro Rock is heavily used by residents and visitors for walking, swimming and general recreation and surfing; and `6V`J"EAS existing public improvements are very limited in this heavily used but informal area; and ` WEREA,S, the Estero Bay Surf Club recognized in 1989 a critical need for a public dressing shelter, but no public plans or funds for a shelter were available; and e6L7PE AS, the Estero Bay Surf Club and its volunteer members took upon themselves the design of a public dressing shelter and obtained permits from the City of Morro Bay and California Coastal Commission for construction; and WHEREAS, ' S, the Estero Bay Surf Club with the design assistance of Mr. Gene Doughty and the generous volunteer effort of many hard working club members, did construct an attractive and functional pole and redwood dressing shelter upon a cement slab in the Morro Rock parking lot adjacent to the P. G. & E. outfall; and `Gl,`Jf'EREA,S, the dressing shelter constructed and dedicated to public use solely by the Estero Bay Surf Club Is now being regularly used and is a beneficial addition to public access and recreation at Morro Rock. NO`W,TJfEPE'f0PT, BE fT 9WOGIMD that the City Council of the City of Morro Bay, on behalf of citizens and visitors hereby commends and thanks the Estero Bay Surf Club for its public spirited gift of talent, time and energy in the realization of this needed public Improvement. APP"VEA AND ADOPZEED by the City Council of the City of Morro Bay, on the I oth day of February, 1992, by the following vote to wit: A`J'FS: Baker, Luna, Mulfen, %atria, Sheetz ARSE None ABSENT NAne t. i ATPLST / ROSE MARIE SHERTZ, *MGor A - ARDITH DAMS, City Clerk Tfa Cty of 9domo Bay is dedvnted w the pwewatimi andenfia ment of tfie quafity of Hfe wfdch we of enjoy. We an: comrretud to this purpose and vtiff pnnrde a lcve<af mu�dcipolre,vue condste,tt and m�pouive to oarpu5& audits needs. RESOLUT=ON NO _ 15-92 A RESOLUTION SUPPORTING AND COMMENDING U_S.A. AND MEXICO RESEARCH AND EDUCATION EFFORTS TO PROTECT THE CALIFORNIA GRAY WHALE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the 1990's have been designated as the Decade of the Environment and all citizens should strive to understand the importance of environmental conservation to our quality of life; and WHEREAS, one of the most important marine resources exemplifying this conservation awareness effort is the California Gray Whale, our official State marine mammal; and WHEREAS, the California Gray Whale has twice been pushed to the brink of extinction from mankind's exploitation; and WHEREAS, Mexico, in 1936, recognized the need to ensure California Gray Whale conservation and created marine sanctuaries in the whale's Baja breeding lagoons; and WHEREAS, Mexico has, for more than 50 years, fostered research with the United States on the California Gray Whale; and WHEREAS, this bi-national cooperation, combined with an international ban on killing California Gray Whales, has resulted in a successful return to their original population • numbers, and citizens of both countries can now witness the annual migration of these majestic creatures along our coastal shores. NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay, California, does hereby join with Governor Pete Wilson in recognizing the successful conserva- tion efforts of the country of Mexico, and in particularly its Instituto Nacional de la Pesca, for its continued dedication to California Gray Whale conservation and its willingness to realize bi-national research and education; and BE IT FURTHER RESOLVED it is fitting this Resolution shall be presented to Dr. Luis Fleischer, representing the Instituto Nacional de la Pesca, aboard the State tallship ambassador Californian, at the 21st Annual Festival of Whales in Dana Point, California. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 10th day of February, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 4SERIE E AZ, • ATTEST: A4 ITH DAMS, City Clerk • RESOLUTION NO. 14-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN OF THE MORRO BAY LOCAL COASTAL PROGRAM, AFFECTING POINT MOTEL AREA TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/GPA/ZOA 02-90) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on January 21, 1991, the City Council of the City of Morro Bay did adopt Resolution No. 11-91 which Resolution adopted certain amendments to the Morro Bay Local Coastal Program Land Use Plan text and Map in the vicinity of the Pt. Motel. WHEREAS, such amendments were submitted to the California Coastal Commission for certification as part of the City's Local Coastal Program, such amendments to become effective immediately and automatically upon certification by said Coastal Commission; and WHEREAS, said amendments were considered by the California Coastal Commission at its regular meeting held November 13, 1991, and were certified with the condition that said amendments include certain minor modifications to the language as recommend and set forth in the •report to the Coastal Commission prepared by Coastal Commission staff; and WHEREAS, said modifications are minor in nature, do not change the use of the land, do not change the intent nor purpose of the City Council in its submitted amendments to the Land Use Plan, and consist of matters considered and discussed at the various public hearings held to consider amendments to the Local Coastal Program; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed public hearing on February 10, 1992 to consider said minor modifications to the amendments, although no public hearing is required by law as said modifications are minor in nature; and WHEREAS, the City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contem- plated modifications to the Local Coastal Program are exempt from CEQA as the functional equivalent of an EIR and no further documentation is necessary the by City; and WHEREAS, the contemplated modifications to the amendments are internally consistent with other portions of the Local Coastal Program and are consistent with all elements of the City's adopted General Plan; and WHEREAS, at said PUBLIC HEARING, the City Council did consider • the actions of the Coastal Commission on the matter, the verbal report of the Community Development Director, and the testimony, both oral and written, of all persons wishing to testify at the hearing. .Resolution No. 14.92 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows; 1. The City Council of the City of Morro Bay hereby finds that the above recitations are true and correct and constitute the findings of the City Council in the matter; and 2. The City Council hereby accepts the conditions of certification of the California Coastal Commission and amends to conform thereto its previously adopted Resolution No. 11-91 which Resolution adopted amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map in the vicinity of the Pt. Motel, said conditions are set forth in Exhibit A attached hereto and made a part hereof by reference; and 3. The City Council hereby acknowledges the California Coastal Commission resolution to certification including the terms and modifications which were required for final certification; accepts and agrees to such terms and modifications and by this Resolution takes the formal action required to satisfy the terms and modifications and agrees to issue Coastal Development Permits for the total area included in the certified Land Use Plan . pursuant to Public Resources Code 30600.5 in accordance therewith. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 10th day of February , 1992, by the following vote to wit: AYES: Baker, Mullen, Wuriu, Sheetz NOES: Luna ABSENT: None �rZ4�Z �� ARDITH DAVIS, City Clerk 0 Mayor EXHIBIT A RESOLUTION 14-92 C. Suggested Modifications • Add the following specific policies to the City of Morro Bay Land Use Plan Amendment 3-91—A AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN NOTE: Deleted and added language is identified by SYtiKffbdYs and underlines. Amendment to Policy 1.11A of the Local Coastal Program Land Use Plan deletes paragraph three as follows: Wei:Ma'b/tHb/bp¢d/$0�td/tbQtEa�a'bb/btbb/bb/�i`tddidtb�/�HbXX/fyLEbb/Ybdt [rfX/fAbi!/dl3bXb/tMd/bX��t1b@/Yb�b�tb�K�/�tbt�A¢b�/Hbwbybt6/tN�t/iHb Ebaididd�i;�/DEybZb��6bt/H�tb[tbt/�b�/gtdbi/bKib¢Ya'bK�/d�bb/9a'bdib@/ZhbY Lhb/bbb�ta'bbd�/b6A�NY/a'4/tbA�bbbb�b/[bb�a'dbtld@/tHb/fdbdiZbb/ebb db�ilTbt%d�/bY/i;Hb/�Ytddtdtb/�tbdbSbd�/bdd//tHb/t;i!tdEtdtf/w%X�/bbt i@b�Y�d�bi!7�/�dtbtfbtb/wa'YM/y�dw�/9tb�/Ha'@hwb�/0db! Amendment to Policy 1.11A of the Local Coastal Program Land Use Plan to add language on location of easement and public parking to read as follows: As a condition of approval of any subdivision or permit on the site, an irrevocable offer of dedication shall be made for an easement for public access over the entire sandy beach and over a vertical accessway, bluff top pathway and overlook sites and the hard surface path. The easement • shall include the area from the southerly end of Lot 1 between the Point Motel and the Highway One fence extending in a northwesterly direction t the top of the bluff and seaward to the mean high tide line in the area designated in the North Point Specific Plan as "Public Access Easement". The public access easement must extend from the Highway One exit paralle to the Highway One fence and lead to a public access parking area locate extend from this public parking area along the blufftop iaterai TO LIM shore and reach the overlook it and vertical access stairway which shall be maintained in open space. Offers for these easements for those public accessways and related facilities may be contingent on acceptance by a responsible public agency and the assumption of liability and — maintenance obligations by said agency. In lieu of this, the property owner may offer to transfer the area which would be covered by the easement, in fee, to a responsible public agency. D. Reiection of Zoning Amendment as Submitted Motion III: I move that the Commission reiect the implementing amendment (Zoning Ordinance Amendment 2-90) to the Implementation Plan of the City of Morro Bay. Staff recommends a YES vote, which would result in the adoption of the following resolution of certification and related findings. An affirmative vote of a majority of the Commissioners present is needed to 0 pass the motion. • RE S OLLTT = ON N O_ 1 3— 9 2 RESOLUTION IN SUPPORT OF THE ESTABLISHMENT OF A COUNTYWIDE RECYCLING AND MARKET DEVELOPMENT ZONE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, AB939 (Sher) requires that each city and county reduce the waste stream by 25% by 1995, and by 50% by the year 2000; and WHEREAS, recycling and market development are key activities in developing an action plan to successfully accomplish the statutorily required solid waste diversions; and WHEREAS, the State of California has established a program under Title 14, Chapter 4, Resources Conservation Programs, Arti- cle 1. Market Development Programs that provide for the estab- lishment of Recycling Market Development Zones; and WHEREAS, the City of Morro Bay desires establishment of such a zone in San Luis Obispo County; and • WHEREAS, the City of Morro Bay finds that the designation as a Recycling Market Development Zone is necessary in order to assist in attracting private sector recycling investments to the area. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay does hereby support the application for, and development of, a Market Development Zone for the Cities and County of San Luis Obispo and will complete actions stated in the city approved application which apply to the City of Morro Bay. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 27th day of January, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 12-92 • A RESOLUTION AMENDING THE NEAR AND LONG-TERM POLICIES AND PRIORITIES OF THE CITY FOR PERMANENT SUPPLEMENTAL WATER SUPPLY PROJECTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, an adequate and reliable supply of potable water is essential to the public health, welfare, and safety of the Morro Bay community; and WHEREAS, on 13 May 1991 by City Resolution No. 48-91, the City Council of Morro Bay did establish three (3) sources of supplemental water to serve the existing and long-term needs of its citizens; and WHEREAS, the citizens of Morro Bay did support the City Council's declaration to receive water from Lake Nacimiento Reservoir as a priority supplemental water project by overwhelmingly voting in favor of such action through advisory Measure "F" in the 05 November 1991 special municipal eleciton; and WHEREAS, by advisory vote on 05 November 1991 and again at a special election held on 17 December 1991, the citizenry of Morro Bay did instruct and mandate the City's participa- tion to receive a minimum of 1,313 acre feet of water per year from the Coastal Branch of the California State Water Project; and WHEREAS, the passage of Measure "G" [Ordinance No. 4111 requires the City to amend • its priorities and actions to include pursuit of water from said State Water Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay, Califor- nia, does hereby re -set and re-establish the following list of near and long-term policies and priorities of the City for permanent, supplemental water supply projects: L Water Conservation; and 2. Reclamation of Treated Wastewater Effluent from the Morro Bay-Cayucos Wastewater Treatment Plant; and 3. Importation of Water through Coastal Branch of the California Aqueduct Project [State Water Project]; and 4. Importation of Water from the Lake Nacimiento Reservoir located in northwest- ern San Luis Obispo County. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27th day of January, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None E ARI S ETZ, Mayfr ATTEST: DITH DAV S, City Clerk • RESOLUTION NO. 11-92 APPROVING AN AMENDMENT TO THE MASTER FEE SCHEDULE FOR LIVEABOARD RELATED FEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in anticipation of passage of a liveaboard ordinance a liveaboard application fee was added to the master fee schedule in 1989, and; WHEREAS, Ordinance No. 407, Vessel Habitation, was passed on January 13, 1992, and; WHEREAS, City Council directed staff to review the liveaboard fees, and; WHEREAS, it is proposed that fees called for in Ordinance No. 407 be set as follows: NON -TRANSIENT PERMITS: $75.00 application fee $20.00 per month service fee for City slip liveaboards $10.00 per month service fee for City mooring liveaboards • TRANSIENT PERMITS: $2.00 per day or $50.00 per month (not to exceed 60 days in any 12 month period) 0 WAITING LIST DEPOSIT: $50.00 NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the Master Fee Schedule be amended as set forth above. BE IT FURTHER RESOLVED that the liveaboard fees set forth in the Master Fee Schedule be reviewed within a year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK 6 • 40 RESOLUTION NO. 10-92 AUTHORIZING THE CITY ADMINISTRATOR TO APPLY FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FROM THE STATE COMMUNITY DEVELOPMENT DEPARTMENT FOR A STUDY ON MAINTAINING SEAFOOD PROCESSING OPERATIONS ON CITY OF MORRO BAY LEASE SITES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay desires to apply for a grant from the State Community Development Department to conduct a study to identify a solution for expected business challenges for existing seafood processing operations on City of Morro Bay Lease Sites; and WHEREAS, the study will focus on job retention and development of the seafood processing industry in Morro Bay; and WHEREAS, the Seafood processing industry traditionally employes people from the Targeted Income Group (TIG) as identified by the State Community Development Department; and WHEREAS, the City of Morro Bay is willing to allocate $4,500 in local agency cash match for such a study. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council does hereby authorize the City Administrator to apply to the State Community Development Department for a planning and technical assistance grant to conduct such study. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK R RESOLUTION NO. 09-92 • AMENDING RESOLUTION 480-90, AND ESTABLISHING A NEW APPROPRIATION LIMIT FOR FISCAL YEAR 1990/91. T H E C I T Y C O U N C I L City of Morro Bay WHEREAS, on June 25th, 1990 the City Council adopted Resolution No. 80-90, adopting a budget and setting the appropriation liw-11_t, according to the Proposition 4 formula; and WHEREAS, the Proposition 4 formula was later amended by Proposition 111; and WHEREAS, the appropriation limit has been recalculated according to the amendments of Proposition 111; and WHEREAS, Proposition 111, requires an annual election of the method of measurement of growth in both: • PRICE - California Per Capita Income OR Non -Residential Assessed Valuation due to new construction within the City. AND POPULATION - City Population Growth OR County Population Growth. WHEREAS, the price measurement can only be done using the California Per Capita Income in San Luis Obispo County; and WHEREAS, the population measurement is most advantageous using the County Population Growth; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council elects to measure price growth using the changes in California Per Capita Income, and to measure population growth using the change in San Luis Obispo County Population, and establishes the Proposition 4 and 111 appropriation Limit for 1990/91 at $7,714,062 as illustrated in the Proposition 111 worksheet attached hereto as Exhibit A. • PASSED, APPROVED AND ADOPTED on this 13th day of January, 1992 by • the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ATTEST: AR ITH DAVIS, City Clerk � • • CITY OF MORRO BAY- PROP Ill WORKSHEET- PRICE & POPULATION DATA •--------------- ORIGINAL --------------------------------------e. CPI CPCI CONST CITY POP COUNTY LIMIT CHANGE CHANGE GROWTH * GROWTH ------PRICE MEASUREMENT---- * ---POPULATION MEASUREMENT-- * 78/79 * 3046393 79/80 1.1017 * 1.0138 3402527 80/81 1.1053 * 1.0026 3770591 81/82 1.0912 * 1.0139 41°7y(6(i 82/83 1.0679 * 1.0204 4545796 83/84 1.0235 * 1.0181 4736835 84/83 1.0474 * 1.0175 5048185 85/86 1.0374 * 1.0162 5321826 0 86/87 1.0230 * 1.0148 5524802 87/88 1.0304 * 1.0000 5692756 88/89 1.0393 * 1.0159 6010554 89/90 1.0498 * 1.0156 6408313 90/91 1.0421 * 1.0304 6881118 • ---------------------------- ADJUSTED CPI CPCI CONST CITY POP COUNTY CHANGE CHANGE GROWTH * GROWTi€ LIMIT * * * 3046393 79/80 1.1017 * 1.0138 3402527 80/81 1.1053 * 1.0026 3770591 81/82 1.0912 * 1.0139 4171660 82/83 1.0679 * 1.0204 4545796 83/84 1.0235 * 1.0181 4736835 84/85 1.0474 * 1.0175 5048185 85/86 1.0374 * 1.0162 5321826 86/87 1.0230 * 1.0412 5668530 87/88 1.0304 * 1.0293 6011990 88/89 1.0393 * 1.0383 6487507 89/90 1.0498 * 1.0392 7077560 90/91 1.0421 * 1.0459 7714062 * • RESOLUTION NO. 08-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A REQUEST TO TRANSFER WATER EQUIVALENCIES . FOR 3126 BEACHCOMBER 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 13th day of January, 1992, did hold a duly noticed PUBLIC HEARING to consider the request of First Valley Bank to transfer 1.0 water equivalency originally assigned to Streuber-Nelson for a SFR located at 3126 Beachcomber to said bank due to foreclosure on property. WHEREAS, the Environmental Coordinator determined that the transfer is exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, the Planning Commission did hold a PUBLIC HEARING on January 6, 1992 and recommended approval of the transfer of 1.0 water equivalency by the City Council by Minute Motion; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The proposed transfer is in conformance with MBMC 13.20.090D, although foreclosure is not specifically listed as a hardship • under the terms of the City's ordinance, inability to make payments to the bank constitutes a hardship; and 2. The prosposed transfer will not cause significant public health problems or environmental impacts; and 3. The proposed tranfer will insure that the project will be completed. 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 transfer the 1.0 water equivalency granted to Streuber-Nelson to First Valley Bank. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of January, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None • ABSENT: None �e 2Ve:::L- - OSE MAR SHEET Mayor ARDITH DAVIS, City Clerk . RESOLUTION NO. 07-92 APPROVAL OF LICENSE AGREEMENT FOR AN ENCORACHMENT ONTO PUBLIC PROPERTY WITH MORRO BAY MARINA, INC. TO ALLOW REDEVELOPMENT OF WATER SIDE IMPROVEMENTS IN CONFORMANCE WITH CURRENT CODE AND SAFETY REQUIREMENTS 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 tidelands property known as Lease Site 71-74/71W-74W and Lease Site 75-77/75W-77W and; WHEREAS, Morro Bay Marina is the lessee of said property; and WHEREAS, Morro Bay Marina is in the process of reconstruction on the lease sites; and WHEREAS, to complete the water side improvement plans as submitted and approved by the Planning Commission, Morro Bay Marina will need to use an additional water area beyond the Lease Site boundaries; and WHEREAS, to allow for useage of said additional water area so that the water side project can successfully be completed in .compliance with current code and safety requirements, the City and Morro Bay Marina have entered into a License Agreement for the use of said; NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is granted for the License Agreement for the extension of the water area of Lease Site 71-74/71W-74W and Lease Site 75-77/75W-77W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE RIE EETZ, MAYbR G_� - Zl ARDITH DAVIS, CITY CLERK 0 LICENSE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY AND MORRO BAY MARINA • L I C E N S E A G R E E M E N T • This License Agreement ("License") is made as of this _ day of , 1991 by and between the CITY OF MORRO BAY ("Landlord"), and Morro Bay Marina ("Licensee"). WHEREAS, The City of Morro Bay has been granted tidelands within the City limits; and WHEREAS, Licensee's dock improvements currently occupy granted tidelands outside of the boundaries of Licensee's lease area as specified by Licensee's lease agreement with the City of Morro Bay for Lease Site 71-74/71W-74W and 75-77/75W-77W; and WHEREAS, Licensee has received a Conditional Use Permit from the City to reconstruct Licensee's dock improvements; and WHEREAS, Landlord and Licensee desire to provide a written agreement for use of the additional area required by Licensee's dock improvements. The parties hereto desire to ammend the lease agreements in the future to provide for use of City property outside of the Lease Sites however, in the interim the parties agree to the following license for use of City property. NOW THEREFORE, Landlord and Licensee agree as follows: 1. LICENSED AREA, CONDITION OF SITE • The licensed area, hereinafter called "Site", shall be that portion of the improved tidelands outlined in yellow, shown on the attached Site Map labeled "Exhibit All and incorporated herein. The Site is licensed to Licensee in an "as i:" 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 all improvements on the site. Licensee agrees to maintain the Site in good, usable and safe condition at all times. 3. TERM The term of this License Agreement shall be from January 1, 1992 to December 31, 1996 except that in the absence of notice of termination by either party by December 31, 1996, this agreement shall automatically holdover. Any holdover of this License Agreement shall be on a month to month basis and may he terminated on 30 days written notice by either party. It_is anticipated that Licensee and Landlord will negotiate an amendment to the Licensee's lease agreements prior to the termination of the License to incorporate the uses of this License into the lease agreements. 1 4. RENT • Effective July 1, 1992 Licensee shall pay to Landlord in lawful money ofthe United States of America, a monthly rent of Four Hundred and Twenty ($420.00). Licensee shall pay the rent to Landlord in advance of July 1, 1992 and by the first of each month thereafter. Monthly rent shall be adjusted by Landlord each subsequent July 1st in conformance with increases in the Consumer Price Index (CPI) for the previous calendar year. 5. COMPLIANCE WITH LEASES Licensee agrees to operate the licensed area in compliance with those lease agreements between the City of Morro Bay for Lease Site 71-74/71W-74W and Lease Site 75-77/75W-77W. This License Agreement is ancillary in nature to those lease agreements and in no way supersedes or takes precedence over the lease agreements. Licensee agrees that if any conflicts arise between the lease agreements and this License Agreement, the effective agreement shall be the lease agreement. 6. RESTRICTIONS UPON USE Licensee agrees that, in connection with the use and operation of the Site, Licensee shall use the Site only for berthing of vessels and operations ancillary to the use provided for in the Licensee's lease agreements, 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 general public or 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, 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. 2 • f. Permit any obstruction or hazard to navigation. Licensee agrees that Landlord may order removal of any obstruction or hazard to navigation associated with use of the site and failure to remove such shall constitute ground for immediate termination and revocation of this agreement. 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. 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. 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 Agreement 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 any and all required permits, approvals or authorizations required by all governmental agencies for the proposed • alterations or repairs. In addition, Licensee will obtain the written approval of the Harbor Director. 3 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 urast,e, 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 be removed by Licensee or 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 those leases between the City of Morro Bay and Licensee for Lease Site 71-74/71W-74W and Lease Sites 75-77/75W- 77W. 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, including 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 4 (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, 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. It is expected that Licensee will meet the requirements of this section of the agreement by amending Licensee's existing insurance policies required by Licensee's lease agreements with Landlord. 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 5 causes of action whatsoever character, which the Landlord may • incur due to the negligence or willful 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 the Landlord and Licensee. 16. DEFAULT In the event that Licensee shall fail to perform any agreement, covenant or condition set forth in this License Agreement, the License Agreement may be terminated upon thirty 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 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: Stan Trapp 255000 Road 204 Exeter, CA 93221 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 0 or unenfcrceability shall not . this License, but this License as if such invalid, illegal or not been contained herein. E u affect any other provision of Agreement shall be construed unenforceable provisions had 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. 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 Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Form CITY ATTORNEY CITY OF MORRO BAY MORRO BAY MARINA "LICENSEE" 7 1>�rtF� x 3 G rKIFK SS _ 3a A3IN 3a I.:ah.WitiC•; 166t � I a J Ib IU r I r t C � t - y RESOLUTION NO. 06-92 . A RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 17TH DAY OF DECEMBER 1991; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a special municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 17th day of December 1991, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Morro Bay City Council has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the special municipal election held on December 17, 1991, and the City Clerk has duly certified to this City Council the result of the votes cast at said election which said • certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said special municipal election was held for the purpose of voting on the following initiative measure as submitted to the electors of said City: MEASURE "G" - MANDATING PARTICIPATION IN THE STATE WATER PROJECT Shall an Ordinance be enacted mandating participation by the City of Morro Bay in the Coastal Branch of the California Aqueduct Project (State Water Project) and authorizing construction of related necessary local facilities? 3. The City Council does declare and determine that: The required number of qualified voters voting on MEASURE "G" relating to mandating the City's participation in the State Water Project did vote in favor thereof, and said initiative was carried. 4. At said election the measure voted for and the number of votes given for and against the measure are as set forth in the attached certification. • City Council Resolution No. 06-92 Page Two 5. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 6. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13th day of January, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None /-ROS MARIE TZ, May • ATTEST: ARDITH DAVIS, City Clerk I* . CERTIFICATE OF CITY CLERK RESULT OF CANVASS OF VOTES CAST CITY OF MORRO BAY MEASURE "G" SPECIAL MUNICIPAL ELECTION DECEMBER 17, 1991 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, Ardith Davis, City Clerk of the City of Morro Bay, California, do hereby certify that pursuant to law, I did canvass the returns of the above -referenced election held in said City on December 17, 1991, and that the total number of votes cast in said City for Measure G is as stated on the attached Statement of Votes Cast, the original of which is on file in my office. MEASURE "G": Shall an Ordinance be enacted man- dating participation by the City of • Morro Bay in the Coastal Branch of the California Aqueduct Project (State Water Project) and authoriz- ing construction of related neces- sary local facilities? DATED: December 20, 1991 4a4?i`' ARDITH DAVIS, City Clerk City of Morro Bay, California r� z 0 H / R Elv V W 1 0,4 is 0, y v A W U W a rn iI L r-1 ri m C� In 00 O If) m O N IT to r, 0) N ri O M m ri 0) O In d' U) d' M d' C) In d M H In ,7.. ri ri ri r-I ri CO M ri ri m O 00 co N 00 r-I I" O 0) U) N N d' 14 M W 0) W H IT t0 ri N v N I, d' N to v In I- m M 1p rH N N H N ri H N H rl rA W 0 O O O O O O O O O O O O O O O O O a w 0 W E O ri ri ri O r1 O O O O O O O M v M h a w E 7. V' co N. M. I-. l0. 01 O O O O O O O O. If wU� . MM. , 0. O. O. O O. O. O. O. I) m m M M � w a Q O N M O to M N O M Lr)0 ! I` 00 'T.. w d' co r-I C) O N 0) 61 In Ot t• O 4 n In LO (Si M M n N N M N Cl) m M c-I ri r♦ H l0 ou N N N N H a W O M r-1 Gl r1 O O O O O O O O O H N N ri O I, N N [� N O 0 0) m O) l0 0) 0) N w \D U UEA Wm W H z H z ti 4 w U ri N M d. LO 10 n W H N M d' In W th U E W H E E W m W 0 w 0 00 a aH PQ Hp 4H • RESOLUTION NO. 05-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND AMENDING RESOLUTION NO. 03-89 TO CLARIFY THE ADMINISTRATION OF THE CITY'S LONG-TERM RESIDENTIAL WAITING LIST 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 9th day of January, 1989, following a duly noticed PUBLIC HEARING did adopt Resolution No. 03-89, operating procedures for the administration of the 1989 annual water allocation program, including the administration of the Long -Term Residential Waiting List; and WHEREAS, paragraph l.d of Resolution 03-89 appears to be unclear in the language setting forth requirements for retaining specific applicant/property placement on the list; and WHEREAS, on January 13, 1992, the City Council, following consideration of the recommendation of the Planning Director, Planning Commission, Water Advisory Board, and comments of all interested persons wishing to testify, did find that clarification of paragraph l.d of Resolution No. 03-89 was necessary. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. In the interest of providing clear provisions for the benefit of the applicant's on the Long -Term Residential Waiting List, as well as individuals who may purchase or transact the sale of residential properties within the City the following amendment to paragraph 1.d of Resolution No. 03-89 is made: "Each position on the list shall be for a specific person, group of persons, or entity, and property only. Positions on the waiting list may not be transferred to another person or entity, or to another property. In cases where more than one person's name appears on the recorded deed originally submitted to the City, the position on the list shall remain valid so long as any individual originally listed on the deed remains on the recorded deed at the time a building permit is ready to be issued. 0 •City Council Resolution No. 05-92 Page Two 2. All previous allocation procedures are incorporated herein as previously adopted. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and 2. That the Council does hereby amend Resolution No. 03-89 by adoption of Resolution No. 05-92. PASSED APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE RIE S Z , r ATTEST: '� ARDITH DAVIS, City Clerk 0 T s RESOLUTION NO, 03-89 • A RESOLUTION SETTING FORTH THE OPERATING PROCEDURES FOR ADMINISTRATION OF THE 1989 ANNUAL WATER ALLOCATION PROGRAM THE CITY COUNCIL City of Morro Day, California WHEREAS, Section 13.20 of the Municipal Code directs the City Council to adopt a crater equivalency Program each year; and WHEREAS, Section 73.2U.O5O B. of the Municipal Code requires the Citv Council to review annually the operating Procedures for administration of the Hater equivalency program; and WHEREAS, the City Council on December 12, 1988 and January Director recommending certain modiflthe 9, 1989 conducted duly noticed PUBLIC HEARINGS to consider the report of the Planning procedures currently in effect, operating P" Commission ,concerning the bons en the op the Planning all interested recommendations of o and comments of operating procedures for 198., persons wishing to testify - NOW, THEREFORE, BE IT RESOLVED, as follows: • 1, That the City Council hereby receives and accepts the recommendations of the Planning Director setting forth the subject to several t operating procedures which 1989 warmer P erating procedures,operating modifications. The modified oP shall be an amendment to Section II of the.1987 op procedures, shall be as follows: a) Participants in the 1988 water lottery that were ni selected for -submittal of building aPPl1Cat10Rs in 1988, and held a recorded deed as of July h 1ori upon which the same names appear as on the original application shall be placed at the front of the permanent water Waiting list. b) The City shall conduct a lottery in early 1969 .in order to establish a long ter, waiting list of applicants for awards. This list shall be added to, and follow water the list applicants established under (a) above. The lotted' shall be held one time only but shall be open ended, with no limitation on the he number o In applicants that order to may participate• request in participate the lottery, only a letter of and a copy of a recorded deed shall be required. • City' Council Pad' Two 1 Resolution \c 03-89 �J c) Following initial creation of the waiting list through steps (a) and (h) above, applications for addition to the end of the waiting list shall be accepted at ally time upon a letter of request and copy of a recorded Geed. d) Each position on the list shall be for a specific person, group of persons, or entity, and property only. positions on the waiting list may not be transferred to another person or entity, or to another. property. In cases where more than one person's name appears on the recorded deed originally submitted to the City, the pos-ition on the list shall remain valid so long as any individual originaily listed on the deed remains on the recorded deed at the time a building permit is ready to be issued. e) Applicants will be processed within a given year through the quarterly award procedure, and will be placed in the first available quarterly award following completion of their application. Requirements relating to awarding water consistent with Coastal Act priorities remain in effect and water will be awarded in accordance with applicable coastal permits. f) I, an individual, group, or entity declines.,to accept' an uc when made by the "City their position ivila d� om�he, acting list`entx"e rly`;;�and-# -new application �wmust�bemade and ei,l1 Abe place3"at the 'eild of the.-.l-ist. g) An individual, group, or entity may enter more than. one property in the lottery, or onto the waiting list, but shall be permitted to build only one residence in any given year. If more than one parcel owned by the same individual, group, or entity moves into the allocation for a given year, the extra parcels shall be relocated to the top of the waiting list for the following year. An exception to this limitation shall be allowed in the event that there are fewer applicants waiting to build than the Council can approve in any given year consistent with Measure F. h) Multi -family housing projects shall be placed an a separate waiting list, also formed as in (a) and (b) above. Individual multi -family projects shall not be limited to one unit Der year, but shall nove into tine first position oil the waiting list when all preceding multi -family projects have been approved. When a multi- family project rises to the top of the waiting list: 'City Council kesolutio,, So. 0 3-89 page Three • the entire project. with all the units will be eligib1= for approval. In cases where there is not a large enough allocation to provide for all the units his allocation requested, the applicant maaybuive the number ofunits tl,e following `ar, orthat can be approved. NOW, THL•REFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Marro Bay, California, as follows: That the above recitations are true and correct and constitute the findings of the Council in this matter; and That the City Council does hereby adopt the 1989 water Operating Procedures. PASSED, APPROVED, AND ADOPTED, on the 9th day of January, 1989, by the following vote to wit: 1 2 AYES: Baker, Lemons, Odell, wuiiu, Sheetz NOES: None ABSENT: None T • ATTEST: AR - DAVIS, City Clerl . RESOLUTION NO. 04-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1991 ANNUAL WATER REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 1992 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 Number 266, also know as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and WHEREAS, on the 8th day of January, 1992 the Water Advisory Board reviewed the report and made its recommendation, and the Planning •Commission held a duly noticed public hearing on the 6th day of January, 1992 and following its review of the report made its recommendations to the City Council; and WHEREAS, on the 13th day of January, 1992 the City Council did hold duly noticed PUBLIC HEARING on the proposed 1991 Annual Water Report and the proposed 1992 Water Allocation Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby receives and accepts the 1991 Annual Water Report as submitted by the Public Works Director and Community Development Director and incorporated herein as if attached hereto; and 2. A Water Allocation Program for 1992 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 1992 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 1992. C. Continue diligent efforts to develop supplemental and replacement water resources. t . City Council Resolution No. 04-92 Page Two d. Examine policies and procedures to allow development of private water sources to serve private projects. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 13th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None • ATTEST: ARDITH DAVIS, City Clerc 9 ROS MARIE HEETZ, ayor RESOLUTION NO. 03-92 PARKING REGULATIONS TIDELANDS PARK BOAT LAUNCH RAMP DOUBLE STALLS: PARKING FOR BOAT TRAILERS OR VEHICLES ATTACHED TO BOAT TRAILERS ONLY 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 10.36, provides that Council may set regulations for public parking lots by Resolution, and; WHEREAS, there are a limited supply of spaces in the Tidelands Park boat launch ramp designated for use by boat trailers, and; WHEREAS, proposed construction in Tidelands Park may cause additional pressure for use of these spaces by oversize vehicles that are not boat launch trailers or towing vehicles, and; WHEREAS, the primary function of the boat launch facility is for use by trailerable boats. .NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the double stalls at Tidelands Park be restricted to use by boat trailers and vehicles attached to boat trailers only; BE IT FURTHER RESOLVED that the Tidelands Park parking area be posted with signage designating the double stalls for use by boat trailers and vehicles attached to boat trailers only. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHE Z, MAYOR ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 02-92 PARKING REGULATIONS FOR FRONT ST. PARKING LOT: NO PARKING 2AN THROUGH 6AM 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 10.36, provides that Council may set regulations for public parking lots by Resolution and; WHEREAS, the City Council has determined that enforcement of no camping regulations and general public health and safety will best be served by prohibiting parking in the Front Street parking lot between the hours of tam and Gam. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that parking in the Front Street parking lot be prohibited between the hours of 2AM and 6AM; BE IT FURTHER RESOLVED that the Front Street lot shall be posted with appropriate signage prohibiting parking between the hours of 2AM and 6AM. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SWEETZ, AAYOR ARDITH DAVIS, CITY CLERK RESOLUTION NO. 01-92 ._ A RESOLUTION ESTABLISHING A SISTER CITY ASSOCIATION WITH VILLE de LA CIOTAT, FRANCE, AND CREATING A SISTER CITY ADVISORY COMMITTEE THE CITY COUNCIL City of Morro Bay, California, USA WHEREAS, it is in the interest of the City of Morro Bay to promote and foster cultural exchange and global understanding between our community and citizens with similar communities in the world; and WHEREAS, an ideal affiliation involves citizens and organizations in both communities in exchanges of people, ideas, and cultures on a long-term continuing basis; and WHEREAS, through a national program entitled "Sister Cities International", official sister city affiliations are encouraged with other foreign cities; and WHEREAS, on 28 October 1991, the Morro Bay City Council considered and approved action to establish a Sister City association with Ville de La Ciotat, France, recognizing that community's mutual interest in linkage with Morro Bay, California; and WHEREAS, understanding the commitment of resources, time, and energies necessary to sustaining a long-term, mutually -beneficial Sister City Program, establishment of a citizens advisory committee to guide and oversee the Sister City • association was also deemed appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, USA, that there is hereby authorized and established a Sister City affiliation with Ville de La Ciotat, France, for the purpose of developing a lasting and meaningful exchange of people, ideas, and cultures in the furtherment of world understanding; and BE IT FURTHER RESOLVED there is hereby created a five (5) member citizen -at - large advisory committee to be hereafter known as the "Sister City Advisory Committee", members of said Committee to serve in overlapping terms of three (3) years to provide input and guidance to the City Council on matters pertaining to the Sister City Program. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13th day of January, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 1'���� u9'��//�— ROSE/E�//MART% E SHEETZ� Y ATTEST: ARDITH DAVIS, City