Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution 01-93 to 55-93
RESOLUTIONS 1993 NO. TITLE ADOPTED O1-93 Resolution Commending the Freighter Philadelphia Sun for Rescue Efforts on December 21,1992 01-11-93 02-93 Resolution Approving the 1992 Annual Water Report and Adopting the Water Allocation Program for FY 1993-1994 01-11-93 03-93 VOID 04-93 Resolution Approving a Density Bonus And Waiving Water and Sewer Availability Fees for the Addition of an Affordable Unit 01-I1-93 05-93 Resolution Extending ICMA Retirement Corporation Deferred Compensation Plan to All Permanent Employees 01-25-93 06-93 Resolution Announcing Findings and Denying All of the Appeals of the Planning Commission Action, Except the Applicant's Appeal, Approving a Negative Declaration and a Conditional Use Permit, Coastal Development Permit (Including Modifications) and Tentative Map to Allow the Phased Demolition of an Existing Shopping Center and Construction Of a New Shopping Center U 01-25-93 RESOLUTIONS 1993 NO. TITLE ADOPTED 07-93 Resolution Announcing Findings and Denying An Appeal of Planning Commission's Conditional Approval of a Conditional Use Permit to Allow an Expansion to an Existing Non -Conforming Residence 01-25-93 08-93 Resolution Setting Water and Sewer Availability Charges 02-08-93 09-93 Assignment and Assumption of Lease Site 62/62W from QASI, Inc. to Bruce and Kathy Lewis 02-08-93 10-93 Resolution Approving Sublease for Portion Of Lease Site 91-92/91W-92W to Frank St. Denis and William DeCarolis, DBA Visions 02-08-93 11-93 Resolution Approving Public Area Use Permit For the Cal Poly Crew Club Regatta 02-08-93 12-93 VOID 13-93 Resolution Urging San Luis Obispo County Board of Supervisors to Uphold its Fiduciary Responsibility to County Tax Payers Concerning State Water Project Contracts 02-08-93 14-93 Resolution Approving a Density Bonus for the Addition of One Affordable Unit 02-08-93 0 U n U RESOLUTIONS 1993 NO. TITLE ADOPTED 15-93 Resolution Approving Tract Map 2051 — Fronting the North Side of Pacific Street Between Piney Way and Shasta Avenue 02-22-93 16-93 Resolution of Commitment of Funding for Improvements to South Bay Boulevard Approaches to Twin Bridges Project 02-22-93 17-93 VOID 18-93 Resolution Amending Construction Schedule For Underground Utility District No. 5 04-12-93 19-93 Resolution Declaring Weeds a Nuisance and Potential Fire Hazard and Authorizing the Public Works Department to Proceed with Abatement 03-08-93 20-93 Resolution Supporting the League of California Cities Channel Counties Division's Legislative Action Program for 1993 03-22-93 21-93 Resolution Approving an Application and Contract Execution for Funding from the General Allocation of the State CDBG Program And Authorizing the Execution of a Grant Agreement with the State of California for The Purposes of this Grant 03-22-93 . RESOLUTIONS 1993 NO. TITLE ADOPTED 22-93 Resolution Approving Assignment of Lease Site 78-81/78W-81W from Van Beurden Investments to Flying Dutchman Enterprises, Inc. and Authorizing the Mayor to Execute a Landlord Estoppel Agreement 03-22-93 23-93 Resolution Approving Amendments to the General Plan Land Use Plan Policies and Land Use Plan Map in Order to Comply With Measure H, a Citizens Initiative 03-22-93 • 24-93 Resolution Approving an Agreement With The Department of Forestry and Fire Protection for Rural Community Fire Protection Grant Program 04-12-93 25-93 Resolution Authorizing Participation in the San Luis Obispo County Regional Hazardous Materials Response Team 04-26-93 26-93 Resolution Directing Staff to Proceed With The Issuance of Tax Exempt Bonds to Finance the Desalination Facility 04-12-93 27-93 Resolution Appointing Rudy Hernandez As City Treasurer 04-26-93 28-93 Resolution Declaring Desalination Facility To be Substantially Complete 04-26-93 n LJ • RESOLUTIONS 1993 NO. TITLE ADOPTED 29-93 Resolution Awarding Bid No. 92-04 for Weed Abatement Services to Morro Creek Farms Nursery, Morro Bay, CA 04-26-93 30-93 Resolution Establishing the Amount of Debt Issue Needed to Reimburse the City for Funds Advanced to Construct the Desalination Facility 04-26-93 31-93 Resolution Approving Amendments to the Housing Element of the General Plan 05-10-93 • 32-93 Resolution Appointing Bridgett Davis as City Clerk for the City of Morro Bay 05-10-93 33-93 Assignment and Assumption of Lease Site 62/62W, and Approval of Amendment No. 2 to the Lease 05-24-93 34-93 VOID 35-93 Resolution Approving the Desalination Facility Finance Documents and Pledge Water Fund Reserves 05-24-93 36-93 Resolution Designating Portions of Monterey Ave. Between Pacific and Harbor Streets for One -Way Traffic, Angle Parking and On -Street Disabled Person Parking 05-24-93 . 37-93 VOID RESOLUTIONS 1993 NO. TITLE ADOPTED 38-93 Resolution Accepting Transfer of Eligible Applicant Status from the San Luis Obispo Council of Governments for Two Non -Urban County Proposition 116 Projects 06-14-93 39-93 Resolution Authorizing the Submittal of an Application for Federal Transit Administration Section 18 Grant Funds for One Replacement 16-Passenger Transit Vehicle 06-14-93 40-93 Resolution Announcing Findings and Denying Portions of the Appeals of the Planning Commission Action Approving a Tentative Map to Subdivide a 177 acre property into Three Parcels 06-14-93 41-93 Resolution Awarding a Five -Year Lease to the Morro Bay Yacht Club for Mooring Zone A1-3 06-14-93 42-93 Resolution Authorizing a New Lease Agreement For Lease Site 90190W# with Sophie Hill and Joanne Shiflett 06-14-93 43-93 Resolution Announcing Findings and Agreeing To Participate in the Metro Cities Community Development Block Grant Fixed Funding Program 44-93 VOID 06-14-93 RESOLUTIONS 1993 NO. TITLE ADOPTED 45-93 Resolution Declaring the City's Intention to Levy An Annual Assessment for the Maintenance Assessment District for Bayshore Bluffs Park 06-14-93 46-93 Resolution Declaring Project RP 91-01 Tidelands Park Recreation Phase to be Complete 06-28-93 47-93 Resolution Continuing Forrest Henderson as City Administrator for the City of Morro Bay 06-28-93 48-93 Resolution Condemning Gang Violence 06-28-93 49-93 Resolution Establishing the Recreation Cost Recovery Categories for the 1993-94 Fiscal Year 06-28-93 50-93 Resolution Accepting an Offer of Dedication Of Portion of Tide Avenue Adjacent to Lot 10, Block 2F, Atascadero Beach Subdivision 06-28-93 51-93 Resolution Summarily Vacating Portions of Whidbey Street Right -of -Way (Formerly 5th Street) Adjacent to Lots 10 and 11, Block 2F, Atascadero Beach Subdivision 06-28-93 52-93 Resolution Establishing a Business License Rate Schedule for Fiscal Year 1993-94 06-28-93 53-93 Resolution Adopting the 1993-94 Master Fee Schedule 06-28-93 u . RESOLUTIONS 1993 NO. TITLE ADOPTED 54-93 Resolution Establishing Appropriations Limit for Fiscal Year 1993-94 06-28-93 55-93 Resolution Adopting a Budget and Malting Appropriations for Fiscal Year 1993-94 06-28-93 0 0 RESOLUTION NO. 55-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1993-94 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council, 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 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 XHI B of the California Constitution; 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; City of Morro Bay • City Council Resolution No. 55-93 Page Two NOW, THEREFORE, BE TT RESOLVED: l . The 1993-94 Administrator's Recommended Budget is adopted with the changes directed 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 resulting from Council -approved adjustments; and 3. The City Administrator is authorized to transfer appropriations within the adopted budget up to $10,000. Any transfer of appropriations within the adopted budget above $10,000 requires the City Administrator to obtain City Council approval. 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. Staff will provide the City Council with a listing of all budget amendments falling within the $10,000 limit on a quarterly basis. 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 limitation for fiscal year 1993-94 at $8,691,569 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $4,020,440 and is therefore $4,671,129 under the limitation. • 5. A reserve for emergencies of $800,000 shall be established out of the City's General Fund. This amount will be reported in the General Funds Equity section of the balance sheet. The City Administrator must receive prior approval from the City Council for any use of these reserve funds. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of June, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: lJ Exhibi "A" CITY OF MORRO BAY ASIT GAS WATER WATER WATER SEWER SEWER *OR BUDGET SUMMARY GENERAL PARK TAX OPER. CAPITAL SYS. OPER, CAPITAL TOTAL FISCALYEAR93-94 FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND REVENUE 5,002,744 5,500 278,574 1,772,735 1,784,000 3,609,970 0 1,142,550 2D0,000 889,000 14,685,075 EXPENSES ADMINISTRATION COUNCIL 41,074 41,074 ADMINISTRATION 66,057 3,032 8,178 41,890 23,169 16,755 159,081 ATTORNEY 64,823 1,396 3,772 19,322 10,686 99,999 PERSONNEL 49.350 3,328 17,052 9,429 6,819 85,978 FINANCE 131,248 3,344 9,037 100,594 63,512 18.515 326,250 RECREATION ADMINISTRATION 103,305 103,305 SPORTS 151,506 151,506 COMMISSION 350 350 FACILITIES 254,D35 49,750 303,785 CULTURAL 125,866 125,866 PARKS 185,250 185,250 COMMUNITY DEVELOPMENT 359473 359.573 COMMISSION 3,960 3,960 POLICE 1,448,544 1,446,544 FIRE 806,058 806,058 PUBLIC WORKS ENGINEERING/ADMIN. 141,941 141,941 VEHICLE MAINTENANCE 170,262 10,508 180,770 TRANSIT 256,146 256,146 STREETS 434,605 434,605 WATER 734,984 734,984 SEWER -COLLECTION 168,747 168.747 SEWER -TREATMENT HARBOR 557,037 557,037 NON -DEPARTMENTAL 282,400 282,400 OPERATING CONTINGENCY 4,000 5,000 15,000 0 0 49,424 12,000 85,424 TOTAL OPERATING 4,385,602 0 278,426 463,920 928,842 0 0 324.967 0 660,676 7,042,633 OPERATING SURPLUS 617.142 5,500 148 1,308,815 855,158 3,6D9,970 0 017.583 200,000 228.124 7,642,"0 FINANCE FUND ACCOUNTING SOFTWAR RECREATION COMMUNITY CENTER FIN. BASKETBALLCOURT FLAIR MOWER COMMUNITY DEVELOPEMENT COMPUTER POLICE POLICE VEHICLES (2) RADIOISIREWUGH"f SYSTEM 4-WHEEL DRIVE PATROL COMPUTERS & RELATED EQUI FIRE CARDIAC MONITOR FIRE ENGINE RESERVE SCBA BOTTLE REPLACEMENT ENGINEERING/ADMINISTRATION ROOFCORPYARD GAS TAX MAINT OVERLAY PROGRAM SOUTH BAY BLVD/BIKE LANE REPAIR BEACHCOMBER BRDG TWIN BRIDGES MAIN ST/41 BIKEWAY PAVEMENT REPAIRIOVERLAY TREE 1RIMMINGISAN JACINTO TREE TRIMMING/CITY-WIDE WATER VEHICLE REPLACEMENT FUND REPLACE BACKHOE FUND PICK-UP TRUCK(MAINT CREW) MISC EQUIPMENT REPAIR COMPUTERS & RELATED EQUIP WATER MGMT PLAN NACIMIENTO FEAS. STUDY WATER CAP IMPROVEMENT FUND DESAL DEBT SERVICE RSRV DESAL PLANT DEBT SERV STATE WATER DEBT SERV TREATMENT PLANT WELL M8 CAPITAL RESERVES OTHER WATER IMPROVE PROJ SEWER OPERATING OTHER EQUIPMENT SEWER CAPITAL ATASC ROAD INTERCEPTOI SEWER REPLACE FROG INSTALL INTERCEPTOR SEWER COLLECTION $3 SEWER TREATMENT". JE HARBOR OPERATING MISC DOCK REPAIR PATROL BOAT RE4 ' -.`.'E RSRV RESERVE FOR Dt vLOAN FUND ACCRNG ::;OFTWARE MASTER PLAN EIR TIDELANDS PRK REST. REHAB SEAFOOD PROC FAC PROD STY_ TOTAL CAPITAL EXPENDITURES ANNUAL DEFICIT USE OF FUND BALANCE FUND TRANSFERS SURPLUS/(DEFICIT) 10,000 10,000 226,000 226,000 11,000 11,000 4,800 4,800 2,000 2,000 31,626 31,626 5,180 5.180 18,5D0 18,5D0 7,675 7,675 9,200 9,2D0 80,000 80,000 15,000 15,D00 18.156 18,156 24.000 24.000 320,000 320,000 3,200 3,200 550,000 550,000 317,512 317,512 50,000 50.000 12,000 12,000 32,000 32,000 6,000 6•000 8,000 8.000 12,000 12.000 18,000 18,000 2,500 2,500 80,000 60,000 15.000 15,000 190,000 190,000 541,332 541,339 164.000 154,000 2,500,000 2,500,000 200.000 200.000 418,000 418,000 72,000 72,000 240,000 240,000 295,000 295,000 ;) 48,0W 48,0D0 95,000 55,00C 425,000 425,000 10,000 10,000 37,000 37,000 52.500 52,500 4,500 4,500 30,000 30,D00 20.000 20.000 $439,137 $0 $0 $1,3D8,712 $141,500 $4,003,332 $0 $72.000 $1,103,000 $188,SD0 7,256,181 $176,005 $5,500 $148 $103 $713,658 ($393,362) $0 $745.583 ($903,000) $39,624 386,259 $252,250 $416,618 $351,170 $1,205,546 $35,4D0 2.260.984 ($430,207) ($695,000) ($351,170) ($610,576) ($297,550) ($75,000) (2,459,503) $48 $5.500 $148 $103 $18,658 $23256 $0 $135,007 S4,996 $24 $187.740 TOTAL EXPENDITURES $5254,946 $0 $278,426 $1,772,632 $1.765,342 $4,003,332 $351,170 $1,007,543 $1,400.550 $924,376 $16,758,317 RESOLUTION NO. 54-93 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 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 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 O 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 111 appropriation limit for fiscal year 1993-94 at $8,691,569 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $4,020,440 and is therefore $4,671,129 under the limitation. City Council Resolution No. 54-93 • Page 2 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of June, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGEft DAVIS, City Clerk n AA WILLIAM YA' CITY OF MORRO BAY ARTICLE XIII B (Proposition 4 & Proposition 111) • APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1993-94 Rudy Hernandez, Finance Director June 1993 I. • CITY OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1993-94 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes $ 3,288,051 Licenses and Permits $ 201,500 Fines and Forfeits 29,500 Intergovernmental 349,373 36,333 Charges for Services 312,294 Use of Money & Property 200,000 76,000 Other Revenue 509,693 Total General Fund $ 3,837,424 $ 1,165,320 Special Revenue Funds Gas Tax Fund $ 183,016 $ 1,589,719 Traffic Safety Water Fund 1,784,000 Sewer Fund 1,142,550 Harbor Fund 889,000 Total Special Revenue Fund $ 183,016 $ 5,405,269 Capital Project Funds Park Fee $ 5,500 Water Capital 3,609,970 Sewer Capital 200,000 Total Capital Projects $ 3,815,470 Enterprise Funds - Transit $ 278,574 GRAND TOTAL $ 4,020,440 $10.664.633 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 - 1 - regulation, product or service. As a step in the development of the City's . base year statement, the revenues from regulatory licenses, user charges and user fees were scheduled and related costs reasonably borne were compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. II. CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts prvided by the State Department of Finance. CRY OF MORRO BAY PROPOSITION I I I WORKSHEET PRICE & POPULATION DATA CPI CPCI CONSTR CITY COUNTY CHANGE CHANGE GROWTH * POPUL GROWTH LIMIT • ----PRICE MEASUREMENT---- --POPULATION MEASUREMENT-- 78/79 * 3,046,393 79/80 1.1017 * 1.0138 3,402,527 80/81 1.1053 * 1.0026 3,770,591 81/82 1.0912 * L0139 4,171,660 82/83 1.0679 * 1.0204 4,545,796 83/84 1.0235 * 1.0181 4,736,835 84/85 1.0474 * 1.0175 5,048,185 85/86 1.0374 * 1.0162 5,321,826 86/87 1.0230 * 1.0412 5,668,530 87/88 1.0304 * 1.0293 6,011,990 88/89 1.0393 * 1.0383 6,487,507 89/90 1.0498 * 1.0392 7,077,560 90/91 1.0421 * 1.0459 7,714,062 91/92 1.0414 * 1.0304 8,277,641 92/93 0.9936 * 1.0100 8,306,910 93/94 1.0272 * 1.0186 8,691,569 -2- RESOLUTION NO. 53-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE 1993-94 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, 1993 and thereafter unless amended. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 28th day of June, 1993, by the following roll call vote: AYES: Mullen, Unger, and Yates NOES: Crotzer and Luna ABSENT: None ATTEST: " r C BRIDGE AVIS, City Clerk E 0 � O A w Fil W o OWN � w �D oo M N [, N O M --•� M N M � M�M h�l a� U � o � F V � � N O •C .0 U � N ..V. O " C •.r� N m w a+ I d i W b a N M yO w w U� O W U N � O ti a C 0 U H � o U C u O �pq O o 8 Is O 6q C U ri 0 0 0 \ A / r CN Q Q _ _ a a § G / § \ 2 / / j \ ) \ \ z 2 2 k C14 ti N •> w x O CCS cu a a 0 C, O cn r CU ao�A a+ al ti � U o U I Ll O M M } S �r S >, g8 �o } 4tg .n } goy mow. z O .�. S NOON I's6s COD6011 O 6s Ov�ih lieOUy6s EO �6�� So � o g o o o o g g OS O 66 U b � p `� 6M6-1 '9 b9 Ca9 yg fA Yi U may. U N 6N9 N M It It 7 V N O C a a •ai .N m � U o a>'i o � .Fi 0 3 ° i 03 a. i n sa U 3CD N _y•❑�❑b C Q w 0v+ N N .. y •p cc^�dd ct3 CLO ;� ,� > •o aoi� x 7 r� „ Q �." �5 p �" �n ca 3 o a a� e.o E •o yUy w Cn Z-, ti •ram. U y iC O C add ccdd O W C 'y a o Q o O cn ° 0 3 °o ai �P�•� Z E-- yin �nw U� OQ �O O 'ccn9< N M o U U b Coll O U M O O Ln � U o 0 •a1 A � UQ a0. � 69 N wpp y � 0El � a0i a O w ••„°'o di °J� � � le � pppp�p'p� M wr '� 6�9 + 'G 69 +� ""• h ``��� g N ppw O O N � � 7J � wa( � �^ d � •a � w RO No y 6s I6e 669 fie 6)6N9 O O � EF3 6M9 o N SO w0 y h b V N v1 O rrgN C� 6F ° a.bf C1 a bU bi K; x a 'o ¢ a o y o� y U o a a a o U " b S .� "' a�'i •� ' U S a o z rm a ° m a U K d 0 a a¢ 10 a adz a Q S .stg a Q u u 4,3 w 0 0 F 0 a� 4] � o � •L N oYti� U c U 9 �°'� a ° °p ^° U So°ti AUN ,Yca °N' o ° O : o bv+4 �pNO°° aN' �•� � ��b � U,I U- I v3) aNa) a •� 3 '� 'd G � a.a� ".a ..�r�l' ' :�0a.�.U%6o a7 cy5 sus a> c, G ° 0 3 T p to GJ aJ Fir C) U caw o Y° sus d V] y9 0 A p N a A •o O � C a) a y a) i a) N d A W O o vi U p ° U O n0-i p V1 'b O N�Ca � U o U • O o Lr) Y j v1 C O f9 O v7 Y 5bq C `..1 S 6~9 O o � Y '�1 G fie O 6q O 0 W) , C `.� S 6s w C 7�N.-i pp O C) 6q S O 69 pp O kn 6f) pppp o 00 cLU� N U >' epoip U p v cC b `�� 0 i + O 'y 0 P. i N N F N O U S �6.NhN o L 69 cE O 66 4+ + N O U '« y 1 o O CSSpS S 'cl bo UO tiO S O o o O+ g + o� o U S E 0 59 69 i 3 R. 0 b o L h Y y •8 ? � Q a� � qo btc a z y b u R. .� ; o N P. o o t.�. c ' 4 d w U U Os o o .d H F Fact v au°i v aw c� F s 0 w „ w � • �r,A � U o u 0 bpp oOSgS sh6�c C:).cq p N 69 p O p o °w' ° �. � ^ UU QQ 5'UU aoi¢Q UUS dao p U Q �`„"UUU o..aaQ � yIn U � O C 69 a a� U o88c��' UU CUU UUS U b UUU 8 s��og �• d �.'7 d add aao ti-66q d + ¢aQ `�.'7 `� yv p �5N96s� U W r'7� .`7 ►� o �609 O P O fA O N 69 p ON O O N O C N hi c t h o �^ 0 N bo � qb > v o p �D A � G Co C V aUi O � OcC Al CO r7'� ❑ J9 a rF a, a U„ bo p • W C 0 AO” '2d rL •• 3 ou g. � �" C> h � N O p C Ri eo .� �+ � .+ � N O V C O C O C O> C O � N ❑U❑ � `� C U n � Ca o ti0 c0 p U C x C k C x w o wa � A cn p .� ti. ' o o o s Ew: a� a� a� � � a� •� ••+ � b 'O U U � b CFFFGY'Q OUd a Wfs oGgUOx � C r- O v � owe U � v • $ § O So 9 N y � O O g g g Qg � O 8 g 8 g oS g 43 � b9 � a� p 4. .0 .pC .pC S pF O O 8 f u 3 rJ- U F F • E � a B rm E S a 'v m ° y yw p' o o �? 5 .5 m vC N w N � E % U p ff��• T � i� � ^. 9 i�• gUg T S 9 V E10 9 y X cl p y D C �p 2 z °� •z •$ � H � > �"� � � V H O a �^ •J q�q � � 9 W V U h 9 O .52 C 7 •°° a 3�' T`d '� �+ a an ,� 3 1�1 u � N Q pp .Cyr S u a k" o m w v E a O�G d o o S u s ova o S 5 p w w w �y w w •2 w w w F `Gi f y Z ;Fs•, a �U 1 VTi Z � U • 8 � o �"', 8 8 9,, 9,, M {q 69 Vi R • • g v t v E'� n 8 wi vi vs c4 .n v3 � cv u � • 0 5 � o al .u � m � z cam• y w � � 6 q ♦ O •p o V ^CA' ti PU ❑ a E en A -I .c: 01 Q . 'ICI N ti A .b u L, 0 3 a •mo t r-8 •-� 0Cd 42) C G � �-� g$ �� b 8 e� •� � 0 3 °qu° c O4g- O .. 3 :y�( S 0 v ro •moo °� ra i A A 8 O 4 > ° o o L S¢ S c F L a> 52 W c It y�'�°• .S 0 v v 8 a P.v and § § b s m`�L°O •° '�oog a4�' v n ••��•� `o `o oc.a° c•a� n` h.S o.�., •n .. o�C5 e a o a�F a.n° 'n° o u�a vi C-��0000 °�'.: ci y,o :: 8 0.m79 9 � s �s ass sss �s a> a m y m o • E'er. 89888 9, 88 �9,•8 8 8pp888 V3 Vi (9 i9 V3 69 (9 b9 Vf f9 f9 (9 V3 pm • � � 8 ? 9 C U N N b � L a a O a > u W o o a fa eb b d-.. b •O t t N � O W � (� b •O 'a ..kJ � •g •J G F FF 7 Ei Ch yy (U Z a a M v u c m o 0o S 9 onG ro .� w so s ^? `� m �S o Sm a n v > m 8S U v n m e v` r 40. 6'0 � -^. EA s L c. o $ d .m om � p `o o u r u e-R D 0 0 ° wv a U 79oo 0. C C C O 8 t� O D O � � .� 'A 'm '� o o e 'b .n 'b n 9 z >o O s= $ o m N y 3 5q 5 5 3 5 z .4 5 5 5 5 S$$ 5 N $ S ' w w w w w w w w w ww wwwwwwwTww,,,w,.; S .fir .N+6.Fi o6.c�i N • EY O �"+ H O H H N O H O O O H� O� Vi �Ypi �Vpt O O ��Rp N r. 0 U •� o cct � is � F •C .rq m C F N w m 3 T N •p L 'O F � b G v o 0 ♦+ CC v v o U � i••+ E 'Fci� o qq vl .•• Cd L v O •a�.e c3 y: o 5 a N S S, �-5 3 O CO C O" R r S L • p p p p O O O O O O O O to I1 M M 69 b4 69 i9 11 U t% ^ C w C N � U W O o g5 yy il 3 Cy a s G WG v n C 9� C• � � i O U = �Vqp U •pS 0. a y^ v u �q R.S [••j � C ,..• W w e y Q u �'p E n .S gp v p� ..0. c o •{3? w d> ? � 00 a •�Rw www wcs.wc�Ra.wwc:w..OwN o a �% p pp pp pp pp p pp p pp pp p pp p p pp 8 H 8 0 0 0 0 H O H O S O S 0 O H O 6N9 W K���� K(A K69 W HK� 49 i�9� M u \ t ) \ 7 � \ .f ƒ {{ / a+ \i \ } %0 * - \!- / w c m 40— b § �k\!§ u ()\ b 2 \/)\/ 0 §\� ~2 \ } )La )!(&; \ �! ■a / °`•7= \\)9, d ;2,15 §-�)\ �a&i / • � x s a 0 U O N p R U p yOyaa o is p �i � 'a � 9 �p yy }tl a �+ N U U i� •w.a s T �, O VJ �i p' O —• U C � ,� � � O w ti..Oo,aO •� � 8 � � F m O � O O � ^ CS .� O 0 Z At !� W rz •� o al 8 o g g s ° ° o Ro ♦r".1 �' N 9 �i '� � x � Vf �i �O m O �Oy Np O Op O N O p vp�t v1 O O O� O Oppp pp 000 z Vi b9 Vi mN 14 v'� 0 ) CC) § @ a f � a Q � / - � k b 0 ■m, e / 7 2 % @ # Q Q \ E \ \ \ \ \ \ urz j \ a k \ � � } \ � 3 I M Cd � � U M al CJ 9 S og E S VI 6s� Ile S SS S S 00 � W) N N U d i y a Q`o�o�o w N m 7 U d 0 0 N � cc a 0 0 0 0 O O Cl O O O O O O y O O O O O O O O O O O O O �{„ 69 ^ :H 69 69 69 64 69 69 69 69 64 69 us .9 cd d s 0 0 L L Q " O d 0 0 O O O O O O O 0 0 O O O O O O O O L w '7 C� O �' 00 O ^ O .-• M Vl M Vt O 69 M Vt M Yl M Vt M Vl c„ vj � vs 6s 613 ss ss bs ca bs ss ee d ^ p3 v o CD cc L C U r7 x r d L N -o U b wcz w ^ rn x Z n W o 0 0 w L H can :a E W ti U a b o a h ti o d L d a U al T T U C U V) Cn d wd+ cn bl) L L r- W / a. a T L c w° ¢ ¢� �, vai W w �J a d d w rn w O • cW. � ow. W o w ;? � ri [n U a y O O O O O "" R •> d �:J �O 1p �O in Go %O O o0 69 69 b9 69 69 U 69 M � 69 N � a y= O o co i L H � c X a. � O N L) y N y R U d; S z d L W m O U E ry v1 69 v't 'A 69 69 K3 U N 69 N 69 " ttl O 69 N � C � c a tad IL) 0.0 C R1 a O OMi P m•� T �Q to O cn ww z O�+n�i cN W ¢ A L,to y a ° CU 30 .= C � ' O •.''^ W ri U U O C U w C p O W V1 y a OUO C .Tw. r N N rz N •� � U w ce U o 0. 3.D d C.J F, n. A a ed w° 41 a F mEn 3 v .D m o p c > •ZI �" ° L �I L 0 n c ti v D ou nc o 0 o LIO H cn U 9 z 0) r c o c rrr✓��� V O N M O N O O O O N y p 0 N p 0 vi v1 v1 Vi W 00 00 N V C' V 64 64 73 69 69 64 69 U ri at y O 0 N 0 O N O D O O O O O O O O id W m U 0000 v v p., 64 :fi 6R 64 64 Eft cad p atM a vi r 0 E Ste. u T � +-' O •N• E g W a,a 6 Ow c a.N n.N aid �R�W w.� c �� U V y _ M = N �. r �a ro E v _act F°i WW N C � to a uO oat uo �aX F ° N �d Q N° N . C o food a O o d ca. N ` C N ic7 F C �'id is. H prhhi � N .n N = at �..� •b V 3 ° ld N y oa U A aco IJ x w Vl Ux t w3 fd RS ¢° td ¢3 • WU b9 SM N 0 ) c \ \ _ _ \ _ \ }) § \ \ \ ■_ - E\e§ �/�� ( � 0 a 2 = / \ E w w ) 7 6 & / § J 7 J 2 \ � c ) \ & � w \ \ 2 $ 7 \ Q / § [ � \ £ toƒ \ / m w z CM w T in 'O G U7 y 7 a n hd 0 0 d a W v� m sv 6e and 0 o 0 0 h d W Vl cn s> ss d OdM�+ a U U U G ro G H � Or ,� b0 C N c � ti L U LOO Q W h � ti ti o 0 0 0 N N 0 0 `f t C] Ca y h m w w o 0 ^O ^O c O U aU+ N 0. � C U C O O � F, C U N C � m O � a0i N W N O � 4rO 0. U C O O O �i 4 L L z w w w N N ;I \2 $ w knbo #E# k }/ Q2j\\gm§k Cl �6s/ ®./k»ka �\ \ \\/k©§td\ ± bq \�_ _mA\\g»@= \ \/ C ° / / \ \ \ cq \ - /& m 2 [ ON to o2_.A U 7\ PC /% \ 2� m 5 k g)} 10 tz� r. , } {g\ \ .24 t &£§ [ rmr }} ) 0 �j}//j \ \ ) � g • cd C\ O y U U� u fi=7 a y CEO U W a � �b 3 z � H oc v 14 6 V3 6 O N C W1 Im N • b � U w S � � w 03 sry a w 03 us .E I ca S o U U U On M O M 3 N 0 k \ d a � U 0 \ § \± uu � � /± /3W• ouuc 2 � 1§ \§ A Q � g m cri pq � 0 o 0 U N � CMMCi � Q N M O • � e-r L U� 9 w Q W- I 7 w N b �w y U M Q U M wax � U 0 w � ctl y N � �U • x N 69 N C. I Cal ram, 1y U Qi L. rl U F-� 0 za' O O O Fes„ W O us T p v w es r: vi a� v v a a 0 0 E E pTp � T C O cti obLl o �'dw� o w Q \ \ ` § § \ \ j \ cq � I � I m ��� w , \k ci oLn / > £ \ b t \ u 3 } \ \ � \ 4) § 2 ] a u to 2 = ( ® ) ],\] =so \ 7)/3 ƒƒ � ■ \ � � •E / , � „ � \ � /) ) §{ \j § _ m \ §\\_ o � o4k b { / a . / ƒ � § ] \ $ a e f ] ]) / . \ G cl m " e.a rz � a n c� o `� x o z o z v o 0 0 o CON bx 3 x u •N O CD � � O Yd +�. "• = kn .•� 3 z z .x ;,x �x N U ; o z o z sx s,x CON p vjx Vj O �x c * 3 x i U � fir. �w N • . L M o�� •o 2 c4 rx a a ca U A w U b p d cd 0 c � 3 a U ? ❑ o b C7 m ba M c y a� C7 0 c g 6 o o o S c 3 � " " C� c'�i �sN x z � �.� oa • a • 'b Y.. � � N N N OR cM On N 6s 6-1 a w z y N x � bs U vi O .�- O v • �-1 y ^' ice. ~ �' U *..+ d ". � •� •ram^, � '� O ..+ '� p M � � � ..r CC ry ..cqr QOi � «�.. a 0. a � •G o .0 Q P7 U Ll W � y � 3 ti C7 9 a o Cd " o S O k O P❑ PQ y O 9 3 S S U O o U o o� x o z o g �� w "W u z �a � 0 s A 2 � \ / A / m . t \ / \ G @ § \ \ ! f \\ f± © 2 2 4 £ > /g 00 a o \cq6se /L14 b § \ $ \ ( +~ ) g 53 7- / f a \ . \� /\ § §// Ez ( ) /® as am) 2 ° j) \� d u 2 / \ 2 ) CIA) k \ «§ 0 \) \ }) k §+ /_ f x /_ $G /I $I § \ 2 • # 0\&%7 oA\§)2 /t / ON cn � a e � / § U § ) \ ¥ § \ \2 < / ° ° \ ( \ � • ` 5 / d 7 & k e ;§ ) ] y 2e / \ \ \ ) ) » <- 171 RESOLUTION NO. 52-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FISCAL YEAR 1993-94 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Measure A (Ordinance No. 340) was approved by the voters of Morro Bay in November of 1988, providing for an 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 1992; and WHEREAS, the Consumer Price Index has increased 3% from March 31, 1992 to March 31, 1993; and WHEREAS, the Fiscal Year 1993-94 Business License Rate Schedule reflects this 3% increase; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt the Fiscal Year 1993-94 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 28th day of June, 1993, by the following vote to wit: AYES: Crotzer, NOES: None ABSENT: None ATTEST: Luna, Mullen, Unger, and Yates . ik BRIDGETTCPAVIS, City Clerk WILLIAM YATES, C CMMS � i�l U O `n C-\ c � w m S 8 Z!Rt8 Sob 8 a 8888 8 0 (V O cV M m �4 O N cV O m b\ h cV cV O cV • 00 N 00 64 6s 6s 00 00 N m .--� �O 00 00 N 00 6s 6s EA 6s 6s 66s M ,--� 6s 6s 6s 64 pp 6s 69 �W)j, � 0O0��v�i 00 6s En Of s ooc 0000 .fir m ccc 0000 �' 0000 r'� + 65 6s CIS 6s f» v3 m .--� 6s 6rs 6s (A V eq eq S A S 8 8 8 8 o g 8 8 S S + O Oi O m m .. O O O a cn S � O O Oi .-� 00 6s 6s bs C ,� 00 W w .-r N .-r 00 00 . 00 U s9 64 6s 64 6s 6s mm 6s 64 6s 6s � y p, R. .ti N d O C MM U O O O ,U•, cn O O O O O O O O O O O O 8 • ^' cn h kei vi wi vi vi vi v� W U h � � O U .� a a ca 0 0 x y N � N 0 • 0 ti 9 N Q b W r�r a O O y U h T 0 •C3 a N pa .f�' O yTti+ Fir to a a a. W � � a. y 4) • a a o a G Z a z w o o Q x Q Q U U U Ll 0 C S S � O S O S S S S O S S O S O O O O • .� `D 64 6H 00 M 00 M m �D m m �D O\ m �c 00 N 69 6H m 69 66 69 69 6.) 6R .--i — 6Fi 69 Vi fR 69 fR i-r Q\ V'1 V1 p O M O O+ M atl- V1 M m ) w w O O kn Cr Ch mO� O6 00 00 00 7 C �--� 6s 69 600 m 00 m M 6O �O C+ m 00 61, + 6~9 bp9 p9 Cl 69 6R 69 mff3 6p9 6p9 6pp6e 9 6pp9 6pp9 (pp�3 pp 6-3 Vp3 9 SS S [� SO SS S SS 000000 OS m Ln �b \D C O .--+ O Vi -O Oi pp O .-v b 69 69 oo m 00 N m �D m m �D C, 00 ❑ 64 69 69 63 fs m 69 6 69 4 6R 69 69 �--� �--� 6R 69 V3 69 69 v2 A a c � Fp A QA ¢q arar. 0 S o 0 0 0 0 ON yo 0 0 0 0 0 0 v1 in v7 tri v7 h tri � U ^ cn oati U � g P9 6°Os d C7 v, � F o � 73 cEl ram � ,� •��� � s W� � COO CO 3 a N y `��' b o P. .� K on N i • • $SS S S S SS SS SS SSA S O C cV O O CV cV cV cV cV cV O cV O [� cV M o\ 00 N N 69 6a 69 m 6s M 69 00 69 en M 64 69 00 N 69 69 00 N 69 69 �O 00 69 69, 69 M 91) '-' O t-- t— m m O m m O l-- O h kn O C� It vt V v a a v o Ch v v) v Wn C` m �i Oi Oi m m m W � oc 5~9 6~9 69 W m 0000 0000 66s m U+ 69 Vs 69 69 69 69 69 6~9 69 69 69 S S S O S S 88 SE SE SEm 0 yO O\ O O\ vi O cn 00 m 00 m m 00 .-. 00 --� �O 00 6s m 69 69 69 69 69 69 69 6s 69 69 69 6s 69 69 69 u 19a C MCz U i-i cd O\ •U O F C On 'n 4r U Q a F'7i 000cq O O O O O O U" c b S o � 0 by A .$ H .d 3 u a� o p S 0 pO' o c s bD r> n v7a O O •� •� N rTi W F O N L�. O O tilu >1 O cV3 N � d N C y :o 'd >. T w ow.H w o Q o Z o . ZPC, ❑ Z O aWi Q OC O 3 bb4 ❑ O zi b A 'k y 0U Q u W W x d a W ''� � a p :n K y � c � � .n K � � ❑ � a�i a � c��a U vi w w w W F M \ \/ m _ Q+ �\ 2\C k ^ § " U §ee eE , � ))) \) $ ¢� m Q ow �jS � •( J � KH • RESOLUTION NO. 51-93 RESOLUTION SUMMARILY VACATING PORTIONS OF WHIDBEY STREET RIGHT-OF- WAY (FORMERLY 5TH STREET) ADJACENT TO LOTS 10 AND 11, BLOCK 2F, ATASCADERO BEACH SUBDIVISION THE CITY COUNCIL City of Morro Bay, California WHEREAS, Whidbey Street between Tide Avenue and Main Street has not been dedicated, developed or maintained as a public street and is impassable to vehicles; and WHEREAS, no public funds have been expended for any street maintenance purposes; and WHEREAS, no plan exists delineating a public need to develop this portion of Whidbey Street as a public street now or in the future; and • WHEREAS, requests for summary vacation have been received from the owners of Lots 10 and 11, Block 2F, Atascadero 13each Subdivision; and WHEREAS, it has been d� termined to be appropriate to grand said requests with retention of private access and public utility reservations. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California portions of Whidbey Street (formerly 5th Street) along the frontages of Lots 10 and 11, Block 2F, Atascadero Beach Subdivision are hereby summarily vacated in accordance with Chapter 4, Article 1, Sections 8330 et seq. of the State of California Streets and Highways Code; and BE IT FURTHER RESOLVED, that pursuant to Chapter 5, Article 1, Section 8340, et seq. of the State of California Streets and Highways Code, reserved and exempted from this vacation are the easement and rig lit at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant structures and, pursuant to any existing franchise of renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines and pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipelines, telephone and cable television lines and for the transportation or distribution of electric energy and for incidental purposes, including access to protect these works from all hazards; and BE IT FURTHER RESOLVED, that pursuant to Chapter 5, Article 1, Sections 8352 and • 8353 of the Streets and Highways Code private access easements and rights for adjacent properties are retained. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of June, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: ATTEST: 0 BRIDGET DAVIS, City Clerk P • "EXHIBIT All DESCRIPTION OF PORTION OF LOT 10 BLOCK 2-F ATASCADERO BEACH REQUESTED FOR SUMMARY VACATION Commencing at the intersection of Tide Ave. (formerly L St.) and Whidby St. (formerly 5th St.), said point being the South East corner of Lot 10 in Block 2-F of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, according to map recorded July 2, 1917 in Book 2 Page 15 of Maps, in the office of the County Recorder of said County,continuing thenceS 46' 17' 34" W twenty five feet to a point, said point being the True Point Of Begining, continuing thence S 46 17' 34" W forty feet to a point, continuing thence N 430 44' 30" W twenty five feet to a point, continuing thence N 46' 17' 34"E forty feet to a point, continuing thence S 430 44' 30" E twenty five feet to the Point of True Begining. lJ n LJ Q N C 1 N ti ♦ !'CV �� IV � � � U � MA o (ts s 1r:1J A3801ffM •.�.t,.*�N w � ' F- a� C68 Oo I OIN INJ� a M (a rFv) VN3f18 V6H3J.° r C A co O W OOO N nw N N =� N J Z 4I 1- ©Oo O O°"' z ic O> O s! or „ HVBIZNVZ 3 "EXHIBIT A " • DESCRIPTION OF PORTION OF LOT 11 BLOCK 2-F ATASCADERO BEACH REQUESTED FOR SUMMARY VACATION Commencing at a point, said point being the South East corner of Lot 11 in Block 2-F of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, according to map recorded July 2, 1917 in Book 2 page 15 of Maps, in the office of the County Recorder of said county,said point being the True Point Of Begining, continuing thence S460 17' 34" W forty feet to a point, that point being the South West corner of said Lot 1 lin Block 2-F of Atascadero Beach in the City of Morro Bay, County of San Luis Obispo, State of California, according to map recorded July 2, 1917 in Book 2 page 15 of Maps, in the office of the County Recorder of said county, continuing thence N 43044' 30" W twenty five feet to a point, continuing thence N 460 17' 34" E forty feet to a point, continuing thence S 430 44' 30" E twenty five feet to the Point Of True Begining. O N 4 ARSA 5(JMMAFy VACATICW o Crs s M-1) A3001HM .... [.•..N r a s • � m M N Flo � ®�® N �d 1 f1 �I cli q O O O t i • 41 O 90 O ~ '"IfTol NNJ 10, I I `� L.._.i—�• ��Z dti (OS-0- f�A n HNIAA V'AW'4 .` r u c� a z ma '^ J �4 .S � az —o W pWC m 3 c N • RESOLUTION NO. 50-93 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF PORTION OF TIDE AVENUE ADJACENT TO LOT 10, BLOCK 2F, ATASCADERO BEACH SUBDIVISION THE CITY COUNCIL City of Morro Bay, California WHEREAS, Tide Avenue is developed, used and maintained as a public street; and WHEREAS, Tide Avenue was not offered for dedication as a public street by the original subdivision map, and WHEREAS, the owner of Lot 10, Block 2F, Atascadero Beach Subdivision has offered to dedicate a portion of Tide Avenue or public street purposes per the attached documents; and WHEREAS, it is in the public interest to formalize the existence of Tide Avenue as a public Street. • NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the Offer of Dedication made by the owner of lot 10, Block 2F, Atascadero Beach Subdivision is hereby accepted; and BE IT FURTHER RESOLVED, that the City Administrator be authorized and directed to execute and record documents appropriate to complete this acceptance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of June, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None Q.'II� ►� ATTEST: BRIDGET DAVIS, City Clerk IRREVOCABLE & PERPETUAL OFFER TO DEDICATE • 00000 --- THIS OFFER TO DEDICATE, made the 18 day of June 1993 by J. TenBroeck, .Inc. a closely held California corporation of the City of Morro Bay, County of San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to thepublic, an easement, for public street purposes, which offer may be accepted at any time by the city of Morro Bay, which has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: • SEE ATTACHED "EXHIBIT A" 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a public right-of-way for street purposes and incidental uses upon the following described property: SEE ATTACHED "EXHIBIT A" 3. That until such time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the • right to use said street parcel as a private street. - 1 - 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Bay, at any time . in the future, accept said offer of dedication of the public right-of-way. S. That said Offeror agrees that this irrevocable and perpetual. Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 6. That said Offeror agrees that any trust deeds shall be subordinance to this Officer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. • Offeror Offeror Offeror STATE OF CALIFORNIA COUNTY OF SAN LUIS OHISPO On this day of 19_, before me, the undersigned, a Notary Public in and for said State and County, personally appeared and known to me to be the person(s) whose name(s) is(are) subscribed to the within instrument acknowledged to me that (s)he (they) executes the same. Witness my hand and official seal. Signature: Notary Public The following sign as beneficiaries of a trust deed and hereby agree that said trust deed shall be subordinate to this Offer to Dedicate. Holder of Trust Deed: By: Title: By: Title: 2 - STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO • On this 18 day of June 19 93 before me, the undersigned, a Notary Public in and for said State and County, personally appeared John T_ nay known to me to be the and known to me to be the _ president of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. • Witness my hand and official seal. Signature:_ Notary Public STATE OF CALIF9 RNi )ss. COUNTY OF San Luis Obispo } On 6-18-93 before me, Melanie L. Schneider Personally appeared John T. Day personally known to me (or proved a to me an the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within u instrument and acknowledged to me Mal he/shephey executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signaWre(s) on the instrument the person(s) or the entity upon behalf of which the � persons) acted, executed the instrument. "3,M1 MEUNIE L SCNNE10ER WITNESS y hand and official s�L - `J r NOTAflY PUBLIC g "/�� i. � SAN VUIS CSIS PO COUNTY Signature ,f-�4-w o- 2.C-t<� My Commission Fxgresm DECEM6�gA10, t993 jrhis area for oNlctai notarial seat - 3 - "EXHIBIT A" • DESCRIPTION OF PORTION OF LOT 10 BLOCK 2-F ATASCADERO BEACH OFFERED FOR DEDICATION Commencing at the intersection of Tide Ave. (formerly L St.) and Whidby St. (formerly 5th St.), said point being the South Fast corner of Lot 10 in Block 2-F of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, according to map recorded July 2, 1917 in Book 2 Page 15 of Maps, in the office of the County Recorder of said County. Said point being the True Point Of Begining, continuing thence S 4e 17' 34" W twenty five feet to a point, continuing thence N 43044' 30" W eighty five feet to a point, continuing thence N 4e 17' 34"E twenty five feet to a point, said point being the North East corner of Lot 10 in Block 2-F of Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, according to map recorded July 2, 1917 in Book 2 Page 15 of Maps, in the office of the County Recorder of said county,continuing thence S 4f 44' 30" E eighty five feet to the Point of True Begining. 6 0 is is AVfA o- DEDICATI C)Q (tsis ti-.J) A3901HM •.�-...N C N N I N N- oZ:0, +-•)i VN 3 A 8 I "U3,k° I O 0 W w 3 N ~ m 4 OuN NN O I G Il--- !3 n ov 1. ot,N.lr N (K,C'i�/) n U • RESOLUTION NO. 49-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING THE RECREATION COST RECOVERY CATEGORIES FOR THE 1993-94 F.Y. 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 1992; and, WHEREAS, the Recreation and Parks Commission in conjunction with staff has reviewed the recreation services pricing policy and service cost recovery levels; and, WHEREAS, the City Council has reviewed the recommendations as part of the City's 1993-94 F.Y. budget adoption. NOW, THEREFORE, BE IT RESOLVED, the Recreation Services Cost Recovery Categories for the 1993-94 F.Y. Budget as 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 28th day of June, 1993 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETT AVIS CITY CLERK • c/u/admin/res49-93 EXHIBIT "All RECREATION AND PARKS CITY OF MORRO BAY 1993-94 F.Y. COST RECOVERY CATEGORIES FOR RECREATION SERVICES ACTIVITY CATEGORY Youth Sports League Merit Service Adult Sports League Merit Service Contract Instruction Private Service Swim Lessons Private Service Informal Aquatics Enhanced Service Kid's Club Merit Service Kindercare Merit Service • Excursions - Trips Private Service Clubs Enhanced Service Triathlon Private Service Co -Sponsored Events/Special Events Basic Service Running Events Private Service Softball Tournament Merit Service Recreational Swim Enhanced Service Approved: Resolution No. 49-93 • c/w/admin/cstrcvey 0 EXHIBIT "All RECREATION AND PARRS 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. 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. • 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: 70-79% 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: 35-50% 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/N/admin/feepolcy z H Md'd'N M M O d•HO c0M 00 N d' U) • E m \ m • N U7 l0 M N U 0\H0 d' d'OH 0 01C N 0 If)N O Rita NO HN N m E8 H E m i U In M N m m N H d. t` m d' M r M d' co d' H c0 NOO OD v(N H OOO U)l0 I`U)d' U) LO Lf)0)HM N W W N NMM H d' H a U • Q d' 0\ M M N UM MH rnmco 1 0 M A 4 O D W O M rn E U m z 0 H E [- Ol N N M CO �0 N N M M 01 CO d' OD d' . FA o H � U � W i." H E a 0 E+ U 0) N U) )0 W O U) NOH a H N Q C C 0 O O 1 1J 4J }J rororoWWW • lu w s4 0 0o1)oo(1)(v4)0 0U i+J aim ov i i • -.i • •,i JE� -H 'O 'O -.i •,i N +J N r +) "1 0 E 1J I~+J1Jr-IHH F4 F4 I~yJHrli.J+JAr4 C r-'d Fi 0-P r H f4 m�4 >4 a s a•.i •.i •.i W •.I •11 W�4 04 N Z 'O ro N P -H UI T. romM(0 ,P404333M44fllro�i+)>0ro0>ro3 �+ D a E a a �'�, �, U) U) m a U U a a U W a a E w a W O J~ U C +J N ro i 0 r-j 4J a m 0 :1G ro i 1N N Q) >+ 3 4JJ �l I Q) .0 W 10 m Ul a N Vl 0 N U) ¢� U 9i •� 10 (d �:; U) I~ .-1 H 4-) 4J r. 4-) maro-11>1 Q) a, oaroro l4 34 H H •rl N O 4 Q U N li >-1 E O U C U) 00 F. ,7U1 O SQwa)>4 r-O .T. 0 N a s a.J +J W- m H ii H O ro> (d O U) a rl .-I -H :j • w U] m U U" 4L >v N ro N ro H U O Q H >~ Si '- I 'U H H U roroa -fu4E • F.0p 1 1 40 mm0mro ro H .y 4 4J W Si .'D Q 14 w N M U) IA 4Ja A 4J .A N > +J H•-)4J Oro omro.v Q. aJ MM Ul tP+J cm si 04 b 7 Z G U RC N -H 4-I O W 'O 9 -H -H b •a I I~ G 44 � W U H W O O '0 0 (Z - C. 3 C. bi C -•i -14 W W H ii O� O O ro ro N H m >H4UUwGLOmH<H^,1.",4PPUH0IX�gmxM% 4 >r 'O 4J w N r4 —1 -P 1~ .,A M ro 3 U r N N 01 r H 0% IN wH 01 Q. C) W co r Ol N Ol O d' 0 N H . E rn �y 0\ o01r aV co Ind' 14 • 1C co o'i kor- w OO H N r d'Od' �0r �0 In Ifl %O H U W P4 MM M M 1nrn H 84 PI P1 N 00 H H N to 1C E to a 1� 0nW H1n In W r1ON In o Nr O C1 U 0)00 Lo(Mm 0dM MHr 0 H 0 m r- co O M 1f) dr N H . • Pi d' 00 o1 c1 d' 4 oNM Old' W o00; 4c 4 W rl M N If) HHrI N rH M a U rnN MW)� rn�n >1 00l D k1 O lO M w o rn 0; ri w E U r to N z 0 H E OMri cor SOH dr d• d• r 00 r r H 1n o In 1n 0) �o o ON �o m(N r MH H rIHM MIn N OIn rri 0) 001n d'r co d'r U U W O W M4O Oln r1 d'cO oI r 4N 44OI N4 • a a0 NM HH Mr-10) NH U N � E to N O N o a o E (o v a r o W. U N CO o ff r-I M W co I H H r 041d- Q N Ul �0 t? 0 U r 0 0 0 -r1 -H -r1 +i 4J 1-1 art0v w s4 0�1roWWW 0 oU0u0a)a)wu 0UZ+3 ►+v Uv UU+) E •,A -4 -r1 -ri -H r4 r4 F� •ri 'd 'd •ri •r1 �, m +-) (1) r-1 J-) ••-1 E x to H JJ a 1J J-) •A H r-I r4 f� Fi 4-) 1-1 H !-) lJ .Q r-1 Z Z '0 I~ 9 4J e >v O z P ro P�4 a a 04 H •ri •.A W -,i •,, >•l p ::l .a ro r. 'a ro d p -r1 ri • U p 0 v ra ro O4O.P43 3 3 R%44 ro rori+1 >:J ro ro> ro 3 saw GLE+P14444 mm(n W UU04a4u4Nca W PNP, a m� v x 4 s4 4 +-) U 0 z0 4-)a UWx M010 a r: r. ro ro> > v 0 •11 rovr1 vi C�o m r. w y r J.) 11 ai U) >T rO P (1) 04 1- •r1 UI U) U) U) U) P4 U r- •H •O ro 7 to v 1-1 G U w 4-) 4J M 94) G Z ro•rl>1 O v a 0:� ro ro -r1 a) v }4 P H H •rl in O �4 ,Q 0 a) w :1 E-1 O U 0 ro P4rl 00 r4 pU) 0 SQ ii a)>r GO x O mU 04 04 •.) 4J l4 U) r-I w r-I �:s ro > ro 0 U) 10 ri rl -ri • P4 m m U U a) a >1 ro ro v (0 ri U O Cl r-i I~ �4 r-I '0 ra +-) a) ro 0) H fd aDAa� �N4JRMQnromro 4-P4%InO)1n 1 .4-)ai ro D +-)r 4J-P• I~ 0 ro U V)10 u1a,n rom N m4-j r. a) w w �i p a 0 U a1 •,1 10 ~• i -H0 •r1 1 �� r.w w r. C 14-4=1 ro U v a) a) W 0ro00ro ~30 q"1-.is-lf4ris40;:F00rorom > > > to >n•0UwL40MHaHXX&1&4UHU99WMM9 4404 RESOLUTION NO. 48-93 • A RESOLUTION CONDEMNING GANG VIOLENCE 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 committed to maintaining a safe community for its residents and visitors; and WHEREAS, the community seeks to encourage positive life style choices for its youth; and WHEREAS, the City Council with the community, Public Safety staff, and community service & youth organizations will not tolerate gang activity, particularly senseless acts of violence; and WHEREAS, the City Council has committed scarce resources to D.A.R.E. to deter gang activity; and WHEREAS, recent gang violence has re-emphasized the continuing need for community initiated, grass roots efforts, such as Neighborhood Watch, and aggressive enforcement action to deter gang activity; and • WHEREAS, all San Luis Obispo County law enforcement agencies have joined together to eradicate gang activity; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does fully recognize and commend the community and it Police Department for their continuing effort to deter, and prompt action to diminish further gang violence. AND, BE IT FURTHER RESOLVED, that the City Council does hereby declare the City of Morro Bay a zero tolerance zone - gang violence will not be abided. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28th day of June, 1993, on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None A TEST: 0 BRIDGE DAVIS, City Clerk RESOLUTION NO. 47-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONTINUING FORREST W. HENDERSON AS CITY ADMINISTRATOR FOR THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is under the Council - Administrator form of local government to fulfill the duties as cited in Title 2 of the Municipal Code; and WHEREAS, the City Council has determined that Forrest W. Henderson possesses those skills and abilities necessary to be an effective administrator, and has demonstrated such capacity. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby desire to have Forrest W. Henderson continue as City Administrator for the City of Morro Bay, California, commencing 14 September 1993; and • BE IT FURTHER RESOLVED that Mayor William Yates is hereby authorized to execute the attached and incorporated herein employment agreement with Forrest W. Henderson. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28th day of June, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: klqmpglwwlwx��. _.�C AGREEMENT BETWEEN THE CITY OF MORRO BAY AND • FORREST W. HENDERSON FOR SERVICES AS CITY ADMINISTRATOR WHEREAS, by Resolution No. 107-92 of the Morro Bay City Council Forrest W. Henderson was appointed as City Administrator of the City of Morro Bay commencing 14 September 1992 for a period of one (1) year; and WHEREAS, it is the desire and intention of Forrest W. Henderson to continue such employment and serve as City Administrator of the City of Morro Bay. NOW, THEREFORE, both parties agree as follows: 1. The City Council of Morro Bay agrees to employ Forrest W. Henderson as City Administrator of said City to perform the functions and duties specified in Chapters 2.12 and 2.16 of Title 2 of the Municipal Code of the City of Morro Bay, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. Forrest W. Henderson shall continue to accrue, and have credited to his personal account, City -paid employee benefits at the same rate as executive employees of the City of Morro Bay. Paid administrative leave shall be available in the amount of seven • days per fiscal year. 3. City agrees to continue to provide and pay for comprehensive medical, dental, and long-term disability insurance coverages for identical to what is provided executive employees. 4. Forrest W. Henderson will continue to be covered by existing and future modification of the City's retirement system. 5. The City of Morro Bay agrees to compensate Forrest W. Henderson for his services as City Administrator a base salary of $65,302 commencing 14 June 1993, payable in installments at the same time as other City employees. The City agrees to annually adjust said base salary each July, beginning July 1994, consistent with the same rate granted other executive employee salary ranges. Performance evaluation and salary merit increases shall be reviewed on an annual basis hereafter. 6. The City Council recognizes that Forrest W. Henderson as City Administrator must devote considerable time outside of normal office hours to business of the City of Morro Bay, and to that end Forrest W. Henderson shall be allowed appropriate compensatory time off during normal office hours. 7. The City of Morro Bay agrees to pay Forrest W. Henderson the additional sum of $250 per month as an automobile allowance. • Forrest W. Henderson agrees to procure an automobile for City business use and to maintain adequate liability insurance for his 1 • automobile and agrees to name the City of Morro Bay as an additional insured under such policy. Forrest W. Henderson shall keep and hold the City of Morro Bay free from all liability, expense, and claims for damage by reason of his use of said automobile on City business. 8. The City Council of the City of Morro Bay agrees to provide at least ninety (90) days written notice to the City Administrator in the event of termination, and agrees to pay Forrest W. Henderson the agreed salary and benefits during such ninety (90) day notice period. 9. The term of this Agreement shall begin 14 September 1993 and continue for (2) years unless terminated earlier pursuant to the provisions of this Agreement. 10. In the event Forrest W. Henderson voluntarily resigns as City Administrator with the City of Morro Bay before expiration of this Agreement, Forrest W. Henderson shall give the City of Morro Bay ninety (90) days written notice in advance. 11. At least ninety (90) days prior to the expiration of the term of this Agreement, the City Council hereby agrees to notify Forrest W. Henderson in writing of its intent to renew or not renew the contractual relationship and employment capacity herein proscribed. . IN WITNESS WHEREOF, the City Council of Morro Bay has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and Forrest W. Henderson has signed and executed this Agreement this 14th day of June 1993. CITY OF MORRO BAY I \ -,Ill - f ATTEST: BRIDGEtT DAVIS, City Clerk FORREST W. HENDERSON City Administrator ROVED AS TO ORM: DAVID HUNT, City Attorney E E • RESOLUTION NO. 46-93 RESOLUTION DECLARING PROJECT RP 91-01 TIDELANDS PARK RECREATION PHASE TO BE COMPLETE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City requested bids to construct Tidelands Park from qualified general contractors in February and March, 1992; and, WHEREAS, Complete Development Services, Incorporated, of San Luis Obispo, California was awarded the bid with construction commencing on July 13, 1992; and, WHEREAS, the City Recreation and Parks Director has reviewed the Project and certifies it as complete; and WHEREAS, the facilities have been used by the public since the project was declared substantially complete on April 26, 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California, that Project RP 91-01, Tidelands Park Recreational Phase is deemed to be completed. BE IT FURTHER RESOLVED, the Morro Bay City Clerk is authorized and • directed to cause filing and recordation of a Notice of Final Completion. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th Day of June, 1993 by the following vote; AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGE91 DAVIS, CITY CLERK • c/u/admin/res46-93 u RECREATION AND PARRS CITY OF MORRO BAY CERTIFICATION OF FINAL COMPLETION The undersigned hereby certifies that the construction of recreational improvements at Tidelands Park, Project RP 91-01 as shown on the approved Improvement Plans dated 02/14/92, by Complete Development Services, Inc. (CSDI) has been inspected and found to comply with the approved plans, specifications, and approved construction changes, and has been accepted as having been completed in accordance therewith, with the exception of the sixty (60) day maintenance period, affidavit of final payment, surety for maintenance and stop notice received from Sievertson Construction.. It is therefore requested that the City Clerk file a Notice of Final Completion on the items listed above. c/w/admin/fnlcmplt t Title Date 1 43 • When Recorded Return to: City of Morro Bay Recreation and Parks Dept. 1001 Kennedy Way Morro Bay, CA 93442 NOTICE OF FINAL COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of PROJECT NO. RP 91-01; TIDELANDS PARR RECREATION PHASE in the City of Morro Bay, has been completed by COMPLETE DEVELOPMENT • SERVICES, INC., 609 PALM STREET, SAN LUIS OBISPO, CA 93401 and that said work was accepted as completed on June 14, 1993. BRIDGETT PAVIS, CITY CLERK CITY OF M RRO BAY, CALIFORNIA The undersigned hereby 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. Executed at Morro Bay, California, this 14th day of June, 1993. BRIDGETT a AVIS, CITY CLERK . c/w/admin/notfconp RESOLUTION NO. 45-93 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE MAINTENANCE ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARK 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 maintenance 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 authored annually by the Recreation and Parks Director as 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 12, 1993 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 June 3, 1993 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 1993-94 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of June, 1993 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: c/w/admin/res45-93 BRIDGET DAVIS, CITY CLERK ENGINEER'S REPORT BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT • PREPARED BY: 1�7/I STEPHEN A. JUNE 3, 19 0 PARRS BAYSHORE BLUFFS PARR 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 1993-94 F.Y. maintenance of Bayshore Bluffs Park. 022-0370 - BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT OBJECT 110-169: Personnel Services $12,706.00 15 Hours/Week at $ 16.29/hour productive hourly rates OBJECT 230: Repair and Maintenance Supplies $ 1,500.00 • Miscellaneous items to repair vandalism, lights, park furniture, signs, etc. OBJECT 351-353: Insurances $ 90.00 OBJECT 360: Public Utilities $ 3,739.00 • • Electricity, Garbage, Restroom, Water/Sewer OBJECT 370: Repair and Maintenance Services $ 6,000.00 • Additional Electrical Repair Anticipated • Tree Trimming OBJECT 390: Miscellaneous Services $ 400.00 • Sign Refurbishment and Repair, Uniforms OBJECT 790: Costs Applied $ 2,238.00 • 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 $26,673.00 1991-92 F.Y. DEFICIT PROJECTED $ 2,000.00 1992-93 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00 c/w/admin/bbpnad •l� t'Tb wm sr. r N �- APN 66-39` •Y v �0 212.65• � "` 75' MAW o.� w 03 295= �2 !3 It.t 14 j� P �' t2W 3.9 5 Z c 7R. 729 N 8f3oQ'C6•,.V 324.85' —`S 31• R 28033'54"W 64.85 • \ 04 = N29 23••w \•\ 70. 7f N fi 018'36 "E 501, N N N 280J9'22"W 74 i 80.53' r p rv;a'�`g'r'w b \\ 131, 74' 9p \ :n , 2424, m l T% N m: \ _ 7e KI' PG. 30 '\TR_ 729 ... PW ! rr Boundary of Bayshore Bluffs Park Maintenance District r. 3 DRIVE e AY SHORE i75 4 641 j (i5 66 i ; 49 i O 5O ° 72 6z. 51. L PTN ! _ 71 61 s 7,97. 67 >x �e 4�57 8X-5 60\ _. 4 54 ^ 55. MAINTENANCE SPECIFICATIONS BAYSHORE BLUFFS PARK 0 x INDEX TO LANDSCAPE MAINTENANCE SPECIFICATIONS - BAYSHORE BLUFFS PARK PAGE NO. DESCRIPTION INDEX MAINTENANCE: 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 0 • • 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 .03 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 .0 5 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 shall 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 pysterq„ 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. is 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. 0 3 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. H. All lawns shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year. 1. Application schedule/rates: April - September 16-6-9 at 16/1000 sq. It. October - March 21-7-14 at 8#11000 sq. ft. K. Weed control - All lawns shall be treated with broadleaf herbicides as required or weeded by hand. If weed eradication leaves thin, patchy or bare spots, replace sod/seed of like kind. 3. 0 2 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. C. 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 1.) E. Weed Control - All ground cover areas shall be maintained in a weed free condition. Manually eradicate or chemically treat obnoxious weeds as required. 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. n u 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. 3.08 EXTRA WORK A All removal or reptacernent 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 5 • APPENDIX I LANDSCAPE MAINTENANCE n • PLANT LOST BAYSHORE RWIFFS PARK 0 TREES NOTES Existing: EUCALYPTUS GLOBULUS Blue Gum PINUS RADIATA Monterey Pine CUPRESSUS MACROCARPA Monterey Cypress New: MELALEUCA QUINQUENERVIA Cajeput Tree SHRUBS/HERBACEOUS PERENNIALS MYOPORUM LAETUM NCI • JUNIPERUS PROCUMBENS NANA Japanese Garden Juniper SOLLYA HETEROPHYLLA Australian Bluebell Creeper ASPARAGUS 'SPR ENGER I' Sprenger Asparagus MORAEA BICOLOR Fortnight Lily CERASTIUM TOMENTOSUM Snow in Summer ARMERIA MARITIMA Thrift, Sea Pink CAMPANULA GARGANICA Bellflower NEPHROLEPSIS EXALTATA Sword Fern U All existing trees shall be pruned, as required, pursuant to attached TREE PRUNING SPECIFICATIONS. Do not shearl 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 shearl 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 1 x/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. P • • PL/Awr UST nuvy Ga n[,(i r-o.Nif FS • "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 Lbs/Acre Lasthenia glabrata 1.0 6romus mollis 20.0 Dimorphotheca aurantiaca 3.0 Eschscholtzia californica 5.0 Trifolium hirtum 30.0 20-9-9 Nitroform Fertilizer (or equal as approved by Landscape Architect.) • 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 seed 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. 7 • 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 verify 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. 2.0 2 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. 0 • 0 • 2.0 2 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 be taken 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. 0 Ll TIMBER STRUCTURES .ART 1.00 - GENERAL 1.01 DESCRIPTION Work includes, but is not limited to, repair and/or maintenance of park "LookoutWructure & 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. 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. 1.03 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 ine necessaryF 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 49 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 LIGHTING 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. Steam clean* of structureszhall'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 whir`• 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 all 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. 43-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND AGREEING TO PARTICIPATE IN THE METRO CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FIXED FUNDING PROGRAM 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 desires to continue utilizing Community Development Block Grant monies to fund programs such as affordable housing; and NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council desires to participate in the "Urban County" fixed CDBG funding program; and (2) The City Council directs the City Administrator to negotite an agreement with the County of San Luis Obispo and other participating cities in the County for a fixed allocation . of $100,000 or greater for each of the next three years; and (3) Said participation shall be subject to the City receiving a minimum of $100,000 per year. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of June, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None Bri gett Mavis, City Clerk • RESOLUTION NO. 42-93 AUTHORIZING A NEW LEASE AGREEMENT FOR LEASE SITE 90/90W WITH SOPHIE HILL AND JOANNNE SHIFLETT 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 90/90W, and; WHEREAS, Sophie Hill and Joanne Shiflett are the lessees of said lease site, and; WHEREAS, Sophie Hill and Joanne Shiflett are in the planning on investing in major improvements on said Lease Site, and; WHEREAS, City and Lessees have agreed to terminate the existing lease for Lease Site 90/90 dated December 24, 1981 and enter into a new lease agreement in the master lease format, with a thirty five year lease term in recognition of the significant investment in City property. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is herby given for a new thirty five year lease for Lease Site 90/90W conditional upon receipt and approval of • all necessary documents by the City Attorney and upon the completion of proposed improvements to the Lease Site by March, 1995. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said the lease agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of June 14, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None 0 r June 4, 1993 P.O. Box 437 Morro Bay, CA 93443 The Honorable William Yates, Mayor Members of the City Council of the City of Morro Bay 595 Harbor Street Morro Bay, CA 93443-1900 RE: LEASE SITE 90/90W 875 EMBARCADERO Dear Mayor Yates and Council: We have been working toward the development of Lease Site 90/90W for some time now and are pleased to have negotiated a lease with Harbor Director Rick Algert that we believe is fair and beneficial to both sides. Our project calls for tearing down the former abalone facility and building an attractive commercial structure with a gift shop to be known as Pelican Bay Gifts and a take-out restaurant with a juice bar which we will call the Otter Rock Cafe. We have received a conditional use permit, and our • contractor is gathering bids from subcontractors. We believe that this project will be of great benefit to the community and the waterfront because it will remove an eyesore and replace it with an attractive building and businesses that will fill a niche on the waterfront. We expect that when all is said and done our investment in this site will be greater than $300,000.00. Our experience with gift shops and restaurants in Morro Bay leads us to believe that we are embarking on a 35-year partnership with the City that will be successful for both parties. We appreciate your consideration and your anticipated approval of the proposed lease for Lease Site 90/90W. Joanne Shiflett will be available to answer any questions you may have between 7:30 a.m. and 3:00 p.m. on Monday through Friday at 772-3444. Sincerely, Sophie Hill Joanne Shiflett 1] 0 RESOLUTION NO. 41-93 AWARDING OF A FIVE (5) YEAR LEASE TO THE MOORO BAY YACHT CLUB FOR MOORING ZONE A1-3 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Yacht Club serves as a City Host by providing accommodations for visiting yachts, and; WHEREAS, the Morro Bay Municipal code designates portions of Mooring Zone Al-3 be leased to the Morro Bay Yacht Club, and; WHEREAS, the Morro Bay Yacht Club has proven itself to be an acceptable tenant. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay does hereby approve a five (5) year lease of Mooring Zone A1-3 to the Morro Bay Yacht Club, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease agreement on behalf of the City of Morro Bay. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of June 14, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None • RESOLUTION NO. 40-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING PORTIONS OF THE APPEALS OF THE PLANNING COMMISSION ACTION APPROVING A TENTATIVE MAP TO SUBDIVIDE A 177 ACRE PROPERTY INTO THREE (3) PARCELS T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. PM 04-92 (VESTING)/CDP 43-92/CUP 03-88 ( A PART OF PRECISE PLAN) WHEREAS, the Planning Commission of the City of Morro Bay did on the 19th day of October, 1992 hold a duly noticed PUBLIC HEARING to consider the request of Tri-W Enterprises for a Tentative Map (Vesting), a Coastal Development Permit, and a part of the Precise Plan for Conditional Use Permit 03-88 to subdivide an approximate 177 acre property into three (3) parcels of 17.5 acres, 3.18 acres, 7.12 acres and a 147 acre remainder parcel. The property is located east of State Highway 1 at the eastern terminus of Morro Bay Blvd. more particularly described as: APN: 68-401-04 /PARCEL 1 OF PM 48-13 CITY OF MORRO BAY, COUNTY OF SLO, STATE OF CALIFORNIA WHEREAS, the Environmental Coordinator determined that the previously certified EIR addressed the project 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 Planning 41mmission approved the proposed Tentative Map with the deletion of parcels and 3, with conditions; and WHEREAS, on the 29th day of October, 1992 Tri-W Enterprises did appeal this action by the Planning Commission; and WHEREAS, on the 30th day of October, 1992 Christine Granados and Peter Diffley appealed this action by the Planning Commission; and WHEREAS, the City Council of the City of Morro Bay on the 23rd day of November, 1992, llth and 21st days of January, the 8th day of February, the 10th and 24th days of May, and the 14th day of June, did hold duly noticed PUBLIC HEARINGS to consider the appeals; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That the project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and The project will not be injurious or detrimental to the general welfare of the City; and 4. The project is in conformance with the General Plan and certified Local Coastal Program (LCP) and Zoning Ordinance; and City Council Resolution No. 40-93 Page Two �. The project, if confined to Parcel 1 only, is found to be consistent with the Concept Plan approved by the City; and 6. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage; and 7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; and 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Sections 1300 et.seq.; and 9. The proposed subdivision does front upon a stream. Mitigation measures have been addressed in the Concept Plan conditions and the EIR and the Addendum; and 10. The City has available adequate water to serve a portion of the uses proposed for Parcel 1 of the proposed subdivision based upon the water regulations and water equivalency Table Exhibit A, enforced at the time of the approval of the Tentative Parcel map pursuant to General Plan Program LU 22.1; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of orro Bay, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and 2. That the Council does hereby deny the appeals of the Planning Commission's approval of Tentative Parcel Map 04-92 (Vesting), Coastal Development Permit 43-92, and a part of the Precise Plan for Conditional Use Permit 03-88, except for revisions to Conditions B.4, D.5, D.6, and added condition B.6 contained herein. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of June, 1993. AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: 17)Q ,JRIDGETT aVIS, City Clerk Conditions Of Approval PM 04-92 (Vesting)/CDP 43-92/CUP 03-88 A Part of the Precise Plan 5 • CONDITIONS OF APPROVAL Case No. PM 04-92 (VESTING)/CDP 43-92/CUP 03-88 (A PORTION OF PRECISE PLAN) STANDARD CONDITIONS 1. Permit: This approval is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A submitted May 10, 1993, 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 Final Map is recorded not later than two 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 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 and there have been no changes in the character of the site or its surroundings that affect how the standards of the land use plan or zoning ordinance apply to the project, and there have • been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project per Section 16.10.050. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning commission. 4. Compliance with Law: All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Hold Harmless: The applicant, as a condition of approval, hereby agrees to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. • Conditions Of Approval PM 04-92 (Vesting)/CDP 43-92/CUP 03-88 A Part of the Precise Plan 6 n LJ 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. 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 SUBDIVISION CONDITIONS• 1. Future Permits Reauired: The applicant shall record with the Final Map a statement which identifies that the map does not confer any rights to develop on the subject parcels and that all required Coastal Development Permits, Concept Plans, Precise Plans and other required • permits shall be obtained prior to any development or new uses as required by ordinance. 2. Limitation to Parcel 1• The Tentative Vesting Map shall be limited to Parcel 1 as defined on the map and the remainder parcel shall include the area defined as previous Parcels 2 and 3. All reference to Parcels 2 and 3 shall be eliminated from the map. All street right-of-ways, easements and public improvements indicated on the map or otherwise indicated in these conditions shall be included with the Final Map. 3. Consistency of Parcel 1 Uses with Concept Plan• A statement shall be recorded with the Final Map identifying the requirement that all uses and project design of Parcel 1 will be consistent with the approved Concept Plan. Said statement shall be subject to the review and approval of the City Attorney and the Director. Said statement shall not be modified without approval of the City. 4. Dedication of Open Space Easement• An open space easement shall be recorded with the Parcel Map identifying those areas of the parcels which are identified in the Concept Plan as follows: a. Area of Parcel 1 along Willow Camp Creek shown on the Concept Plan. • Conditions Of Approval PM 04-92 (Vesting)/CDP 43-92/CUP 03-88 A Part of the Precise Plan 7 • b. 8.2 Acre within remainder parcel identified in Concept Plan Conditions B.27. C. Areas of slopes of 30 percent or steeper. d. Areas within 50 feet vertical elevation of ridgetops. e. Further, the Parcel Map shall also include a note that the City is clarifying its hillside regulations and that they may be more restrictive than the provisions of the easement. The note shall state that all development on the remainder parcel shall be consistent with the hillside regulations as ultimately adopted by the City Council and certified by the State Coastal Commission. Said language shall be subject to the approval of the City Attorney. 5. Additional Statements on Mao: A statement shall be recorded with the Final Map identifying that all future development on Parcel 1 shall be subject to the grading, archaeological, design, environmental protection and other standards established by Concept Plan CUP 03-88. Said statement shall detail the issues as expressed in the Concept Plan Conditions and shall be subject to the review and approval of the City Attorney and the Director and may not be modified without approval of the City. �. Timing of Recordation of Map: No Final Map for this subdivision shall be recorded until a Water Management Plan, as required by the Morro Bay Local Coastal Program Policies, 3.01 and 3.03 and fully incorporating the requirement of Policy 3.04 has been adopted by the City of Morro Bay and submitted to the Coastal Commission for review and approval as an amendment to the City's Local Coastal Program. C. LANDSCAPING CONDITIONS 1. Planting Easement: An easement for the special tree buffer identified in the EIR Supplement shall be recorded with the Final Map providing for the access, ability to plant and maintain said tree buffer. This shall be a private covenant for the owner(s) of Parcel 1 to have the right to provide the required tree buffer in the remainder parcel. Removal of this restriction shall require approval of the City. D. PUBLIC WORKS CONDITIONS 1. Improvement Plans and Bonding: Prior to the recordation of the final Map, compliance with all pertinent conditions of approval under CUP 03-88/CDP 05-88 Concept Plan, including, but not limited to, submittal • Conditions Of Approval PM 04-92 (Vesting)/CDP 43-92/CUP 03-88 A Part of the Precise Plan 8 is and approval of all grading and improvement plans, required outside agency permits and submittal and approval of securities for all improvements as required by the City Engineer shall be accomplished. 2. Access Denial Abandonment: Prior to or concurrent with recordation of the Final Map, the existing access denial per 933 OR 307 shall be abandoned within the proposed Williams Blvd. Right -Of -Way. 3. Restriction for Access: Concurrent with the recordation of the Final Map, the developer shall restrict access rights along the southern edge of the City right-of-way (Creekside Boulevard) from the existing CalTrans right-of-way to the beginning of the cul-de-sac bulb. Access restriction shall be defined upon construction of the improvements by an access restriction fence. Design and location of the fence shall be to the satisfaction of the Community Development Director and the City Engineer. 4.- Circulation System: A private easement for roadway and utility purposes in favor of the remainder parcel shall be recorded concurrently with the Parcel Map across Parcel 1 from Morro Bay Blvd to the eastern most property line of Parcel 1. The width of said easement shall be 64 feet. Implementation of this condition shall not preclude development of the project approved in Case CUP 03-88. 0. 0 FIRE DEPARTMENT Fire Water System: shall be designed recordation to the The fire water and approved by Final Map. supply system pursuant to CUP 03-88 the Fire Chief and bonded prior to RESOLUTION NO. 39-93 • RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION SECTION 18 GRANT FUNDS FOR ONE REPLACEMENT 16-PASSENGER TRANSIT VEHICLE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has conducted a public hearing regarding the submittal of an application for Federal Transit Administration (FTA) Section 18 capital project grant funds for one 16- passenger transit vehicle to replace an existing 1985 transit vehicle; and WHEREAS, the City Council hereby approves the project description as shown on Exhibit A, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to submit an application for FTA Section 18 capital project grant funds to the State Department of Transportation (Caltrans) for one replacement 16-passenger transit vehicle as described in Exhibit A and sign all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of June, 1993 by the following vote: • AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: yy 1 BRIE V D�AR�t.I S, City Clerk MCU/LC:#1:RES039 a 0 PROJECT DESCRIPTION One replacement 16-passenger transit vehicle equipped with brake retarder, wheelchair lift, and farebox. EXHIBIT A Sales Tax Total NET PROJECT TOTAL TOTAL FEDERAL SHARE (80% OF TOTAL) TOTAL LOCAL SHARE (20% MATCH) ESTIMATED TOTAL COST $51,300 $ 3,700 $55,000 $55,000 $44,000 $11,000 Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. MCU/LC: TRANSIT92-1:EXA • Q RESOLUTION NO. 38-93 • RESOLUTION ACCEPTING TRANSFER OF ELIGIBLE APPLICANT STATUS FROM THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR TWO NON -URBAN COUNTY PROPOSITION 116 PROJECTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) approved on November 18, 1992 the Proposition 116 Program of Projects for Non -Urban County Funding; and WHEREAS, said Program of Projects included two projects known as the South Bay Boulevard Bikelanes and Main Street/Highway 41 Bikeway as requested and approved by the City Council of the City of Morro Bay on July 27 and August 10, 1992, respectively; and WHEREAS, SLOCOG is the designated Regional Transportation Planning Agency (RTPA) and eligible applicant for funding pursuant to Proposition 116, also known as the California Clean Air and Transportation Improvement Act of 1990; and WHEREAS, SLOCOG desires to transfer its eligible applicant status for said projects to City; and WHEREAS, City desires to accept said transfer of eligible applicant status from SLOCOG. is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. City hereby accepts the transfer of eligible applicant status from SLOCOG for all management and financial responsibilities for the two Proposition 116 projects described hereinabove. 2. City as eligible applicant for Proposition 116 funds has the financial and institutional ability to accept the legal liabilities and obligations associated with said projects. 3. City has committed to said projects all funds identified in their respective applications and will use other funding sources to complete said projects if project costs exceed those identified in said applications. 4. Proposition 116 funds allocated to City for said projects will not supplant other funds previously planned, programmed, or approved for the purpose for which Proposition 116 funds were awarded. 5. The City Administrator is hereby authorized to sign and submit applications for said projects and all related documents. 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of June, 1993. AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: r Dau ' x, BRIDGETT DAVIS, City Clerk MCU/LC:# 1:RES038 • 1] RESOLUTION NO. 36-93 • RESOLUTION DESIGNATING PORTIONS OF MONTEREY AVENUE BETWEEN PACIFIC AND HARBOR STREETS FOR ONE-WAY TRAFFIC, ANGLE PARKING AND ON -STREET DISABLED PERSON PARKING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the adopted Circulation Element of the City of Morro Bay General Plan establishes a high priority on increasing the inventory of parking spaces available for public use; and WHEREAS, in the effort to provide for said increase in parking spaces the City embarked upon preparation of a Parking Management Plan; and WHEREAS, said Plan contains recommendations to increase the inventory of parking spaces by several programs including reconfiguration of certain street segments to angle parking with one-way traffic circulation and disabled person parking spaces; and WHEREAS, it is in the best interest of public welfare to perform said reconfiguration on • certain street segments; and WHEREAS, it has been determined that Monterey Avenue between Pacific and Harbor Streets, are appropriate locations for said configurations; and WHEREAS, the California Vehicle Code and Morro Bay Municipal Code contain provisions enabling the designation of street portions for said reconfiguration. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay as follows: 1. Pursuant to California Vehicle Code Section 21657, Monterey and Market Avenues between Pacific and Harbor Streets are hereby designated for one-way vehicular traffic as delineated by official traffic control devices placed and maintained by the City Engineer in accordance with Morro Bay Municipal Code Section 10,12.050; and BE IT FURTHER RESOLVED, pursuant to California Vehicle Code Section 22503 and City of Morro Bay Ordinance No. 431, angle parking on Monterey Avenue between Pacific and Harbor Streets is hereby permitted as delineated by parking space markings installed by the City Engineer in accordance with Morro Bay Municipal Code Section 10.12.110; and Resolution No. 36-93 Page Two BE IT FURTHER RESOLVED, pursuant to California Vehicle Code Section 22511.7, • certain parking spaces on Monterey Avenue between Pacific and Harbor Streets are hereby designated for the exclusive use of vehicles which display either a distinguishing license plate or a placard for disabled persons or disabled veterans issued pursuant to California Vehicle Code Sections 22511.5 or 22511.9; and BE IT FURTHER RESOLVED, these certain parking spaces shall be further designated by paint and signage installed and maintained by the City Engineer in accordance with Morro Bay Municipal Code Section 10.12.110. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of May, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGET DAVIS, City Clerk dranglprkg 9 RESOLUTION NO. 35-93 A RESOLUTION TO APPROVE DESALINATION FACILITY FINANCE DOCUMENTS AND PLEDGE WATER FUND RESERVES THE CITY COUNCIL City of Morro Bay, California WHEREAS it has been determined the City of Morro Bay shall finance the acquisition and construction of its desalination plant; and WHEREAS Staff has worked with the financial underwriter to develop the best method of financing the project and has concluded it is best to proceed in the form of a lease and option to purchase; and WHEREAS the form of the lease and option to purchase agreement and other documents have been reviewed by Staff and presented to the City Council for consideration with Staffs recommendation to proceed; and • WHEREAS the City Council has previously directed Staff to pursue this form of financing and has agreed the best method is to pledge the Water Special Revenue Fund reserves for the purpose of making payments required under the Lease and Option to Purchase Agreement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that: 1. The form of the finance documents presented to the City Council on May 24, 1993 in its agenda packet for item A-8 is hereby approved; 2. Mayor William Yates is hereby authorized to sign the finance documents on behalf of the City of Morro Bay so long as they remain in substantially the same form and any changes recommended by the underwriter are only minor and are approved by City Staff prior to execution of the documents; and 3. The moneys of the Water Special Revenue Fund are hereby pledged for the purposes of payment of the City of Morro Bay's rental obligations under the financing agreement. • PASSED, APPROVED AND ADOPTED on the 24th day of May, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGE AVIS, ity Clerk c.Vmbcty.HnWslt .doc • • I r RESOLUTION NO. 33-93 ASSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM BRUCE AND KATHY LEWIS TO GEORGE AND VALERIE VALENZUELA AND APPROVAL OF AMENDMENT NO. 2 TO THE LEASE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 62/62W, and; WHEREAS, City Council approved assignment of Lease Site 62/62W to Bruce and Kathy Lewis on February 8, 1993, and; WHEREAS, Bruce and Kathy Lewis have requested City approval of assignment of the lease agreement to George and Valerie Valenzuela, and; WHEREAS, the Valenzuelas have requested an amendment to the lease agreement to use an additional water area of 450 square feet in compliance with CUP 17-92 and City desires to clarify the rental terms of the agreement. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given for assignment of the lease for Lease Site 62/62W to George and Valerie Valenzuela and that the Mayor is hereby authorized to sign Amendment No. 2 to the lease agreement for Lease Site 62/62W. •BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that such approvals and authorizations are subject to execution of final assignment and assumption documents and approval of the documents by the City Attorney; and BE IT FURTHER RESOLVED that the approvals of assignment and of Lease Amendment No. 2 as outlined above shall become null and void if final assignment and assumption documents are not completed with the approval of the City Attorney by August 24, 1993. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of May 24, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None AHSFNT: Nnna 11 0 • LEASE AMENDMENT NO. 2 LEASE SITE 62-62W This amendment to the Lease for Lease Site 62/62W is entered into on , 1993. by and between the City of Morro Bay, a municipal corporation of the State of California hereinafter, called CITY and George and Valerie Valenzuela, as sole proprietors, dba San Simeon Landing, herinafter called TENANT. Whereas, the existing lease for Lease Site 62/62W, dated February 16, 1988 (and hereinafter known as the "lease") was assigned to Bruce and Kathy Lewis on September 26, 1988; and Whereas, said lease was assigned to QASI, Inc. and amended on September 24, 1990; and Whereas, said lease was assigned through foreclosure back to Bruce and Kathy Lewis on February 8, 1993; and Whereas Bruce and Kathy Lewis have now requested City approval of assignment of Lease Site 62/62W to George and Valerie Valenzuela; and Whereas, the Valenzuela's have requested that the City amend the lease to allow use of an additional area west of Lease Site 62W to conform with the requirement of CUP 17-92 by installing a finger dock on the Lease Site; and Whereas, CITY and TENANT wish to clarify the rental rates for TENANT's proposed use of the site. Now therefore, CITY and TENANT shall provide for further amendment of the lease dated February 16, 1988 and amended on September 24, 1990 as follows: 1. SECTION 2.01 MINIMUM RENT: A second paragraph shall be added to read as follows: TENANT and CITY mutually desire to allow TENANT to use an additional 450 square feet of water area directly west and adjacent to Lease Site 62/62W as outlined in Paragraph 3 of this amendment and rent for use of this area shall be included in minimum rental payments due July 1, 1993 for FY93-94 and thereafter during the term of this lease. Based on the appraisal by Reeder Gilman and Associates dated April 6, 1993 the minimum guaranteed annual rent for July 1, 1993 to June 30, 1994 shall be $7,204 calculated as follows: beak Ajendgiit go. 2 :ease Si -Le 62162W Page 1 �. SITE 62: 2360 sq. ft x $27 = 63,720 x 8% _ $5098 rent due SITE 62W: 1500 sq. ft. x $13.50 = $20,250 x 8% _ $1620 rent due ENCROACHMENT AREA: 450 Sq ft x $13.50 = $6,075 x 8% _ $486 rent due. FY 93-94 minimum base rent of $7,204 shall be adjusted annually as outlined in Section 2.02 hereof based on the Consumers Price Index (All Urban Consumers) for Los Angeles -Anaheim -Riverside for January 1993 of 149.2. The next rental adjustment based on reappraisal of the premises as outlined in Section 2.03 hereof shall be on July 1, 1998. 2. SECTION 2.04 PERCENTAGE RENTAL: Paragraph A including Exhibit B shall be deleted and replaced to read as follows: A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to 5% of TENANT's gross sales as herinafter defined, less the amount of the minimum guaranteed annual rental paid pursuant to Section 2.01, 2.02, 2.03 hereof. 10 The remainder of Section 2.04 shall continue in full force and effect. 3. SECTION 13.10- ENCROACHMENT AREA: Section 13.10 shall be added to the lease agreement as follows: TENANT shall reconstruct the dock arrangement on the Lease Site and install a finger dock perpendicular to the shoreline as required by CUP 17-92. TENANT is allowed non-exclusive use and may install pilings and dock in the 15' x 30' area shown as the encroachment area as depicted on the attached map labeled Exhibit A, attached hereto and made a part hereof, which area is a total of 450 square feet. This permission to use the encroachment area does not waive any and all other permits or approvals required for TENANT's installation of a finger dock and TENANT agrees to complete construction of the finger dock in compliance with CUP 17-92 by December 31, 1995. TENANT shall complete the construction of the finger dock in a manner that will not obstruct navigation and tenant explicitly agrees not to berth any portion of any vessel outside of the lease site or area of encroachment shown on Exhibit A. All other tprms and conditions of the lease shall remain in full • force and effect. LeAe'AkW&t No. 2 Lease Site 62162W Page 3 In witness whereof the parties hereto have executed this lease amendment: CITY OF MORRO BAY WILLIAM YATES, ATTEST: BRIDGE1 DAVIS, CITY CLERK ROVED AS T FORM: CITY ATTORNEY NOTARY: 11 E 4/ � rr w VALERIE VALENZUEL mow, •br rD °. EXHIBIT A TO THE LEASE AMENDMENT' #2 for LEA�E SITE 62-62W to show X• 15' x 30' area of encroachment west of Lease Site 62W 1 �{ I L } ? `� O •4L 41 I (• p L I a o 4 I y o t4 L.S. 62 L.S.�k' pt O 62W4. Jam. ..12.LT'�7Y I 90 I+ GJ r iy a fir i pOOMl 12iaol It P I EXHIBIT A TO THE LEASE L --�.-y AMENDMENT #2 FOR LEASE SITE 62-62W S$OWI 15' x 30' AREA OF ENCROACHMEENT Uu.✓r � /� j I- �n 7 N,��- r q� Q Ij 'o n 9 p(1 O p k P II'J ` e� ��` n G • RESOLUTION NO. 32-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING BRIDGETT M. DAVIS AS CITY CLERK FOR THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by the California Government Code and Articles of Municipal Incorporation, the Morro Bay City Council is empowered with the duty to appoint a City Clerk; and WHEREAS, on 22 June 1987 by Resolution No. 69-87, the Morro Bay City Council appointed Ardith M. Davis to be City Clerk; WHEREAS, Bridgett M. Davis was appointed Deputy City Clerk on November 23, 1992, and has been performing the duties of City Clerk since that time; and WHEREAS, the City Council has determined that Bridgett M. Davis possesses the necessary training and skills to be an effective City Clerk serving at the pleasure of the City Council. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby appoint Bridgett M. Davis as City Clerk for the City of Morro Bay, California, effective May 10, 1993; and BE IT FURTHER RESOLVED that Ardith M. Davis is released of her responsibilities as City Clerk of the City of Morro Bay, California, with a vote of appreciation, effective the same day. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 10th day of May, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates. NOES: None. ABSENT: None. ^ n WILLIAM YATES, A ATTEST: BRIDGET AVIS, Deputy City Clerk • CITY COUNCIL RESOLUTION NO. 31-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN CASE NO. GP 02-92 WHEREAS, the City Council of the City of Morro Bay, California on the 10th day of May 1993 held a duly noticed PUBLIC HEARING to consider amendments to the Housing Element of the General Plan; and WHEREAS, the Planning Commission on the 19th day of April and the 3rd day of May 1993, held duly noticed PUBLIC HEARINGS to consider amendments to the Housing Element of the General Plan and recommended approval of said amendments; and WHEREAS, said Housing Element has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act (CEQA) in that the project has been given a Negative Declaration and no further documentation is deemed necessary; and WHEREAS, at said PUBLIC HEARING after consideration of the staff report and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their action in this matter: • These amendments to the Housing Element are consistent with the requirements of State Law with respect to the content of the Housing Element, and are internally consistent with all other elements of the General Plan and the Local Coastal Program of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter; and 2. That the City Council does hereby approve of Case No. GP 02-92 which amend the Housing Element as shown in Exhibit "A", including Attachments A, B., C., D. and E. PASSED, APPROVED AND ADOPTED on the 10th day of May 1992 by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None - BRIDGETt DAVIS, City Clerk ATTACHMENT A Following are the responses to the concerns addressed by the State Department of Housing and Community Development (HCD) in their letter of April 9, 1993. HCD has stated several requests for additional information and changes in the Draft Housing Element. The comments cite portions of Article 10.6 of the Government Code: A. Housing _Needs. Resources and Constraints: lJ 1. HCD Comment: "Include the locality's share of the regional housing need in accordance with Section 66584 (Section 65583(a)(1))." Using the percentages given in the San Luis Obispo Council of Governments plan, Morro Bay's share of the regional housing need (shown on pages 15 and 18) should be: 0 very low, 69 low, 174 moderate, and 379 above moderate income households for a total of 622. As the City's allocation is for 1991 through June 1997, the City can count new units developed in 1991 and 1992 toward meeting the total new construction need of 622 units. The housing element should document the methodology used to determine the numbers of units considered affordable to households in the low- and moderate -income categories. City Response: The Table on Page 15 (to be referred to as Table A) is recommended to be changed to correct an inadvertent error in the SLOCOG fair share numbers and also to include actual construction which occurred in 1992. (Table A Summary of Objectives on page 15 and Table 3 on page 18 will amended as shown below [changes are in italic text]) 1 NO • Table A - Summary of Quantified Objectives 1992-1997 I. New Construction 1. Density bonus 2. Second units 3. Manufactured units 4. Inclusionary, in4ieu fees S. Nan -profit carp. & housing authority B. Motel conversions 7. Private market Actual construction Since 1992 Total: SLOCOG Fair Share • II. Conservation/Rehabilitation 1. CDBG rehabilitation program 2. Section 8 certificates III. Tenure IV. Type 0 Income Groups Program Very Low Low Moderate Above Moderate Total 3 10 10 3 20 40 40 20 120 3 5 5 1,7 20 20 8 20 20 40 9 15 15 125 263 372 0 0 0 24 24 40 104 190 807 622 0 69 174 379 622 Income Groups Program Very Low Low Moderate Above Moderate Total 11 40 40 8, 12 45 45 Rentals Owner Occupied 40% 60% Single Family Detached Multi -Family & Mobile Home 45% 55% Table 3 New Construction Needs by Income Group to 1997 City of Morro Bay Income Group Housing Units Percentage Very Low 0 0% Low 69 11% Moderate 174 28% Above Moderate 379 61% Total 622 100% All of the units constructed in 1992 were above moderate income households. 2. HCD.Comment: "Include an inventory of land suitable for residential development, including vacant sites and sites having the ispotential for redevelopment, and an analysis of relationship of zoning and public facilities and services to these sites (Section 65583 (a)(3))." a. Table 27 (page 39) summarizes the city's residential housing potential. However, the element should include an inventory which clearly identifies the number of vacant and under- utilized lots in the City by zoning category and describes the density ranges and unbuilt dwelling unit capacity for each zone. b. On Page 41, the element states that Morro Bay "has a significant water supply problem." Given this information, it is imperative that the element explain how the city expects to supply enough water to accommodate its new construction need over the planning period. The City does appear to have made great progress in reducing water demand by retrofitting old plumbing fixtures to new, more efficient models. However, the element's discussion of the city's water supply should be expanded to include answers to such questions as: How much additional water capacity does the City expect to gain from its continuing retrofit program? • * What is the current capacity of the desalination plant to meet local water demand? 11 • * Why does the city have such lengthy waiting lists for water allocations (p.41), when the desalination plant appears to be available to provide additional supplies of potable water? * Are these waiting list the same as those for building permits in general, and do they give priority to developments of affordable housing? * What exactly is the impact of Measure I on new residential developments (page 52)? The element should include a more detailed analysis of the City's short and long term water supplies. If water capa- city is, as it appears, a significant constraint to housing development in Morro Bay, the element should include programs to address, as well as monitor, this constraint. C. The element should also clearly describe the available capacity of the city's.sewer system relative to the new construction need for the planning period. If the sewer system proves to be a constraint to housing development, the element should include programs to address it. City Response: In response to comment 2. a above, the following language and table is recommend to replace the two paragraphs under the heading "Land Available" on page 39. Also Table 27 is recommended to be replaced as follow: California State Polytechnic State University evaluated the potential land available for new housing in Morro Bay. Table 27 identifies the land developed by existing housing as well as the land available for additional housing based upon that study and separate studies conducted by the City. 2 9 Table 27 CURRENT AND POTENTIAL HOUSING BY ZONING CATEGORIES Single- Family Multi- Family Multi- Family Mobile Homes "Granny Units" TOTAL Units Units Units Units 2 to 4 5+ (incl. (incl. condo) condo) Undeveloped 549 5 28 582 Lots Zoned for Single-family units (R-A & R-1) Underdeveloped 158 12 170 and Vacant Land Zoned for Single-family units (R-A & R-1) Additions to 178 178 Existing Unit Zoned for Single-family (R-A & R-1) Undeveloped 184 320 504 Lots & Land Zoned for Multi -family units (R-2, R-3, R-4 C-1 & MCR Underdeveloped 46 80 126 Land Zoned for Multi -family units (R-2, R-3, R-4, C-1 & MCR) Undeveloped 70 70 Lots Zoned for Mobile Home units (R-2, R-3 & R-4) Subtotal: 707 230 400 75 218 1630 Number of 3,664 795 280 955 0 5,694 Existing Units TOTAL UNITS 4,371 1,025 680 1,030 218 7,324 MOMkm darn■ I-1920415521 a E • 0 Densities for zoning categories in Morro Bay vary depending upon the overlay zone. The general densities designated in the General Plan/Local Coastal Program are as follows: Low Density: (R-A, R-1, R-l(S.2), R-1(S.2A), R-1(S2.B) & CRR) Low/Medium Density (R-1(S.1), R-1(S.2) Medium Density (R-2) High Density (R-3, R-4, NCR & C-1) Dwelling Units Per Acre 5 4 - 7 7 - 15 15 - 27 Buildout of Morro Bay would be approximately 7,324 units, based upon existing zoning. At a vacancy rate of 21 percent (including second homes), the total number of year- round occupied residences would be 5,786. At an average household size of 2.1, the ultimate permanent population would be 12,151. The following language is recommended to be added to page 41 (water) in response to 2.b above. The language should replace the last two paragraphs under "water": The City does not currently have a water supply adequate to serve the potential population increase of 2,487 persons from the 9,664 population in 1990. The current retrofit program, which allows new units when developers reduce water use in existing buildings, is projected to last for one or two more years at the most (77 to 154 units). The City has indicated a process to procure state water to support future development. However, safe yield of State water is expected to be between about 130 to 790 acre feet per year. Coastal Permits have not yet been obtained for State water. The projected "safe yield" of State Water appears to be adequate for between 220 and 1360 residences depending on which definition of safe yield is used by the State Coastal Commission. This assumes that none of the water is required to be used to recharge the existing aquifers. Up to 770 acre feet of State Water may be required to be devoted to recharge the aquifers (based upon the Local Coastal Program). 7 • The Citv also has desalination facilities. These existing facilities have recently been granted local permits for operation but are currently awaiting the approval of the State Coastal Commission. Currently, based on previous Coastal Permits, the only purpose the city may use the desalination plant, at this time, is to provide an emergency water supply during drought conditions. There are other potential water supplies including Nacimiento Lake and reclamation of wastewater. The City is currently in the process of preparing a water Management Plan which will identify the options for future water supply. That document will be subject to the approval of both the City and the State Coastal Commission. It will establish a plan to provide adequate water to serve both the existing population, agricultural uses and the projected population of Morro Bay. The Coastal Permits approved by the State Coastal Commission currently limit use of the plant during periods of drought and not yet as a permanent supplemental water supply. Until a dependable source of water is approved by the State Coastal Commission, water will pose a constraint to housing production. • The Local Coastal Plan approved by the State Coastal Commission not only includes the building limitation of 70 units per year but also establishes a priority for use of available resources such as domestic water supply. Based on the Coastal Act, residential uses are a lower priority than coastal dependent land uses, visitor serving uses and agriculture. The City has determined to give affordable housing a priority over non -affordable housing projects on the residential waiting list. This priority system has resulted in the benefit that all of the multi -family housing approved during 1991 and 1992 was designated for families of low and moderate incomes. Furthermore, Measure I, an initiative adopted by the citizens in 1990, allows the retrofitting of public facilities for affordable housing projects built by the City and by non-profit organizations using government funds. Measure I's overall impact on housing development appears to be negligible at this time. In response to the inquiry by HCD about monitoring water supplies, Program #5 on page 6, indicates that the Public Works Department will annually provide updates to the City Council ensuring that there is an "adequate supply to meet the needs of • the community..." It is believed that this program addresses the request of HCD to address and monitor the constraints of water supply. 3 • In response to Comment 2.c above, the existing sewer system is adequate to meet current demands. The Sewer System Master Plan addresses the proposed projects necessary to keep up with future growth of the City. Based upon the Sewer System Master Plan, the sewer system should not pose any significant constraints to new housing development in Morro Bay. (see page 41) 3. HCD Comment• HCD requests that the City "analyze potential and actual governmental constraints upon the maintenance improvement and development of housing for all income levels, including land use controls, and local processing and permit procedures (Section 65583(a)(4)). The description of governmental constraints (pages 43-45) should be more detailed and specific to the City. a. The element should describe the City's land use controls such as open space requirements and zoning. It should also discuss the City's development standards (e.g., density, parking requirements, lot coverage, and setbacks), and determine if and how any of these requirements constrain the development of affordable housing. b. The element should describe the City's current permit processing times and procedures for single- and multifamily developments so it can later assess the effectiveness of the programs planned to make the process more efficient. C. From our discussion with the City's planner, it sounds like the City has successfully promoted the development of some affordable housing over the past few years despite its growth management ordnance, Measure F. Overall, however, by limiting residential development to approximately 70 units per year, Measure F appears to preclude the City's achieving its regional share of 622 new units over the remaining four years in the planning period. The element should more fully explain how Measure F has been implemented and its impacts on housing development. For example, the element should describe: * how the allocation of single and multifamily units is made; * when the allocation is made (e.g., monthly, yearly); * the limits on numbers of units per project, and the impact of this on unit costs (e.g., by reducing • economies of scale); * the types of units exempt from the ordinance; * how the waiting lists for developments are established; * any priorities given for the development of affordable units, and how they are given in conjunction with the waiting lists; * any increase in paperwork processing times due to the measure; * the carryover policy when the maximum number of units allowed is not built in a given year; and * the types, terms and compliance monitoring of any affordability restrictions the City places on units in conjunction with its growth management policies.` City Response: Staff believes that the Draft Housing Element more than adequately addresses the state Law, Government Code Section 65583(a)(4). The information is detailed and indicates the constraints of housing. In response to comment 3.a. above, page 43 of the Housing Element provides a description of some of the City's development standards. The existing standards do not, in general, constrain the construction of new housing. The • following language is recommended to be added to the Housing Element after the last paragraph under the heading "local Land Use Controls" on page 43: The City requires off-street parking for all new housing projects. These parking regulations do not impact the ability to construct housing. In order to reduce development costs for low income projects, reductions in parking standards are allowed. Further standard reductions are permitted for senior housing and handicap housing to promote these types of housing. Therefore, parking standards tend to encourage the construction of low income and elderly housing by reducing the development costs and land area necessary to construct off-street parking. In response to Comment 3.b. above, the following language is recommended to be added after the second paragraph under the heading "Permit Processing Times" on page 44: The time necessary to process single family permits currently ranges from two to about four months. The average is about three months including notice periods for Coastal Development Permits. The only method to reduce this time significantly is to eliminate Coastal Development Permits (CDPS) for single family units with an amendment to the City Local Coastal Program Land Use Plan (LCP). The City has approached the State Coastal Commission regarding a single family waiver previously 10 . without much success. The not significantly excessive ability to construct nor the current processing time is and does not impact the cost of construction. The time necessary to construct multi -family housing takes longer due to the greater complexity of larger projects. However, some additional reductions in processing time may still be feasible. The current average processing time for multifamily projects is about six months. In response to HCD comment 3.c above, page 19 describes that the granny flats are exempt from Measure F growth management regulations. Since they are exempt, they can help the City meet its fair share allocation. In addition to the text on Page 19, the following explanation is recommended to be added after the first paragraph under the heading "Measure F" on page 43: The growth management regulations adopted by the City have been approved by the State Coastal Commission. The State approved permit for housing allocations in the City of Morro Bay allows allocations to be estab- lished at the beginning of each calendar year and that the permits would be issued during the corresponding • fiscal year. The City, due to two years of non - issuance of allocations because of drought conditions in 1990 and 1991, has granted 77 units during each of the fiscal years 1992-1993 and 1993-1994. the Council can increase allocation of 70 units by 10 percent in order to attain an average of 70 units per year. It is anticipated that it will take another 16 years of 77 units per year to reach the average of 70 units per year. The City has recently granted a ratio of 50 single family and 27 multi family units for each year. That ratio can be modified to allow a greater number of multifamily in order to build units in proportion to the number projected for ultimate buildout on Table 27. The ratio of single family (including mobile homes) and multi -family contained in Table 27 is 42 single family and 35 multifamily units. The City plans to evaluate this new ratio in the 1994-1995 allocation. A property owner may obtain any number of units which are available in any one year if he or she has reached the top of the allocation list for that year (for his or her single property). If a project exceeds the number of units available in a given year, the owner . sometimes waits until the second year to obtain sufficient unit allocations to build the entire project. Projects in Morro Bay are seldom large and, 11 . therefore, the economies of scale are seldom a factor in the cost of housing. Developers are placed on the allocation list on the basis of first -come, first served. However, affordable housing projects automatically receive a priority and can request being moved to the top of the allocation list. This incentive has resulted in a significant number of developers of new projects proposing affordable housing in order to obtain the benefit of moving up on the list. Such units must be guaranteed to be affordable for a minimum period of 30 years. (Refer to Program 6 for implementation) Once the allocation has been made and the developer has indicated his or her desire to utilize their allocation during that year, they may obtain the permits necessary to build their project. The permit period is generally not impacted by the time required to process the paperwork for the allocation since the notices usually go out several months before the beginning of the fiscal year. In 1993, the first notices for the 1993- 1994 fiscal year were distributed in April, over two months prior to the beginning of the fiscal year. • 4. HCD Comme HCD requests that the City "include an analysis of potential and actual nongovernmental constraints upon the maintenance, improvement or development of housing for all income levels, including the availability of financing, and the price of land (Section 65583(a)(5)": a. The analysis of financing availability should include whether financing is generally available for developers and for home buyers, and whether certain areas or income groups in the City are under -served with construction, rehabili- tation or mortgage loans. Information on the availability of financing may be available from local financial institutions and from housing agencies and developers serving the area. b. The element includes a general discussion of housing costs on page 45. This section should be expanded to give examples of actual land costs in the City for both multifamily and single family developments. Because land costs appear to be high, additional analysis of this constraint and possible resources to address it should be included in the element. To obtain information on current costs, the City could contact local developers and Realtors. • City Response: Comment A.4a request more information regarding the availability of financing for development of housing in Morro Bay. We propose to add the following language on page 46, under 12 the heading of Finance Charges, immediately following the existing paragraph: Financing for residential development projects is generally available through local banks and other financial institutions though financing for larger projects can be more difficult to secure because of problems within the banking industry and the existing sluggish real estate market. Banks are often reluctant to loan on projects that are speculative and do not have buyers previously arranged. Another potential problem to receiving financing for residential development is the practice of "redlining." Redlining is a form of discrimination in which certain groups are not given financing because of racial, ethnic, or other characteristics unrelated to their ability to repay a loan. However, discussions with the local Housing Authority and the State Fair Employment and Housing Department in Ventura indicate that such practices have not been a problem in Morro Bay in particular, nor in San Luis Obispo County in general. Comment A.4.b requests additional information on the cost of land within the City of Morro Bay. To address this comment, we propose to add the following language on page 45, under the • heading of Land Costs, immediately following the second paragraph: The price of land in Morro Bay varies considerably depending on a number of factors including location, availability of City services among others. Its location adjacent to the ocean make Morro Bay an extremely desirable place to live. This creates a large demand for land which, when coupled with voter imposed growth controls and water availability problems, can significantly increase the cost of developable land. According to local real estate brokers, undeveloped lots without a water service allocation can range from about $35,000 to more than $200,000. The northeast portion of Morro Bay, inland from Highway 101 has such lots ranging in price from $35,00o to $50,000. Across the highway, nearer the ocean, the price range jumps to between $89,000 and $150,000 for similar lots. Lots that front directly on the ocean have been sold for up to $235,000. The southern portion of Morro Bay near the golf course has lots available ranging from about $90,000 to $120,000. Central Morro Bay is a bit more affordable with lot prices ranging from about $45,000 to $60,000. To help ease the impact of high land costs, this element includes an in -lieu program which will accumulate monies that may be used for writing down land costs or other 13 M • 0 actions to assist in the provision of affordable housing. See Policy A.12 and Programs 1 and 7. 5. HCD Comment: HCD requests that the City "include an analysis of any special housing needs, such as those of farmworkers and families and persons in need of emergency shelter (Section 65583(a)(6)11: a. Based on the information provided in the element, it appears likely that the City includes farmworkers with unmet housing needs. The element should include further information on the estimated numbers of year round and seasonal farmworkers, and the housing resources currently available to them, and an assessment of the unmet need in the area. To obtain more information on this often migratory population group, the City might begin by contacting Peoples' Self -Help Housing Corporation in San Luis Obispo, who completed an evaluation of the county's farmworker housing needs in 1990. other potential sources of information are the area Farmers Home Administration office, California Rural Legal Assistance, United Farmworker Organizations and school districts offering programs for migrant children. b. The element should include additional information on the homeless population, including, if possible, estimated numbers of single males and females, and families with children who lack permanent shelter on an average daily basis. Identify the numbers and types of shelter beds, motel vouchers, and transitional housing units currently provided in the area for the various groups, and determine the numbed need for such shelter in Morro Bay. Enclosed here for your convenience is a listing of agencies serving the homeless in San Luis Obispo County. The City should contact the organization listed for Morro Bay, and perhaps local churches, too, for specific local information. Other area agencies might be able to provide additional information on resources available and estimates of the numbed need. City Response: Comment A.5.a requests more information about farmworkers in Morro Bay. To address this comment, we propose to add the following language on page 27, under the heading of Farmworkers, immediately following the second paragraph: A study prepared by People's Self Help Housing Corporation (PSYCH) in 1990 found that 481 persons were employed in Agriculture, Fishing, Forestry and Mining in the central and northern coastal region of San Luis Obispo County_ This region includes Morro Bay, however, it also includes the city of San Luis Obispo and the unincorporated communities 14 • of Los Osos, Cayucus, Cambria and San Simeon and surrounding areas. thus, it is not clear how many of these individuals reside in Morro Bay. The PSYCH study indicated that some of the year round farm workers in Morro Bay live in the various mobile home parks in the City. Outside the City, migrant workers may live in illegal mobile homes, or "stick -built camps" that are hidden from public view. While the extent of the unmet need in Morro Bay is not clear, there is a shortage of farmworker housing county -wide. To help 'address this issue, this element includes a program that will amend the Morro Bay zoning ordinance to allow farm worker housing in agricultural zones. See program 3. We also propose to add the following language to the end of Program 3: ...and farmworker housing in agricultural zones subject to approval of a conditional use permit. We propose that the following language be added after the second paragraph under the heading "Homeless" on page 27: Studies of the homeless population in Morro Bay is beyond • the scope of this study. No official information is available about the exact number and/or make up of this segment of our population. Most of the homeless encountered by officials in Morro Bay have been males in the past and may of these individuals tend to move from place to place and from city to city making it very difficult to monitor the homeless population. There are no permanent facilities within the City limits of Morro Bay which provide for any long term housing for homeless persons or families. The majority in Morro Bay, who have vehicles, occasionally use the recreational vehicle parks in the City. There is one housing facility located in San Luis Obispo County within about one mile of Morro Bay which provides housing for the homeless. That facility, Roandoak Homeless Services, Inc. is located on Chorro road southeast of the City. It provides housing for approximately 30 males in a dorm and 10 females in separate dorms. There are three rooms for families. They occasionally accommodate additional persons on an emergency basis until they can find other housing for those persons. They currently have some vacant beds. B. HCD COMMENTS REGARDING QUANTIFIED OBJECTIVES: • HCD makes the following comments regarding quantified objectives contained in the Housing Element: 15 • Establish the maximum number of housing units by income category that can be constructed, rehabilitated and conserved over the planning period of the element (Section 65583(b)). The City appears to be counting on meeting its regional share by developing a fairly large number (120) of second units. Is this a realistic objective? The element should explain how the City arrived at this figure, given, for example, historical second unit development trends and the estimated effectiveness of City programs to promote their development. City Response: While the number of second "granny" units may seem high, we feel reasonably confident that as many as 120 of such units may occur. These types of units have been illegal in the past and we anticipate that there may be built-up demand for such units. We estimate that approximately five percent of all single-family home- owners may desire a "granny" unit. The figures in the Housing Element reflect this estimate. C. HCD COMMENTS REGARDING HOUSING PROGRAMS: HCD makes the following comments regarding the housing programs: 1. Identify adequate sites which will be available through appropriate zone and development standards and with public • facilities and services needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory build housing, mobilehomes, emergency shelters and transitional housing in order to meet the community's housing goals ... Where the inventory of sites does not identify adequate site to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner -occupied and rental standards that could accommodate and facilitate the feasibility of housing for very low and low income households (Section 65583(c)(1). Pursuant to its completed land inventory and assessment of services available, and to item B above, the City may need to establish one or more programs to rezone land or improve water and sewer capacity in order to provide adequate residential sites with services to accommodate its regional housing need for al income groups. City Response: Table 27 and the map following Table 27 identifying undeveloped properties in Morro Bay for future hosing. These properties provide adequate land zoned for residential uses to provide for housing needs projected well into the 21st century. Additional land zoned of residential units does not appear to be necessary at this time. • The discussion regarding the sewer system indicates that measures are being undertaken to assure that adequate facilities will be available to serve future housing growth. 16 • S described in detail in Section A.2.b above, the City is evaluating future water supply options. The City is currently in the process of preparing a Water Management Plan which will require the approval of both the City and State Coastal Commission. That plan will identify measures necessary to obtain adequate water resources for future housing. Program #5 establishes the means that the City will use to continually meet water needs of Morro Bay. No additional measures are necessary. 2. HCD requests that the City "if appropriate, pursuant to Item A.3, above, include or modify program actions to remove or mitigate governmental constraints to the maintenance, improvement, or development of housing (Section 65583(c)(3)).11 For example, if the City finds its growth management ordinance, land use controls,. zoning requirements or development standards constrain the development of affordable housing, the .element should include programs to mitigate the constraints. City Response: The discussion under Section A.3.a above indicates that there are few real zoning constraints to affordable housing. The current allocation program has resulted in significant affordable housing development due to the priority system favoring very low, low and moderate income housing. Programs 1, 2, 3, 4, 7, 9, 20, 23 and • 20 address modifications to the existing regulations which will result in new affordable housing projects. COIR-1ENT5 REGARDING CURER HOUSING ISSUES: HC.L made the following general co-mments about the Housing Element: HCD Comment: "Overpayment appears to be significant problelrl for renters ljr, .`lobo Bay, Per the 1990 census data (table enclosed for your t of GrmatiGn) Gniy 21 Gf 795 relit er 11Gu.�iehG lL J4 wi tll 1=1C17Ii�55 iinU..6Y ?20 , 000 pe+iil less than 25% Of their monthly incoule for rent. TiiiS may Suggest a need for more rental units in the c cimglTtilYiity/, 11 c1 ty R?er,Gnt zr.: Tabi.e 27 indicates the available vacant R-2, R-3, R-4; i,-i and ,lCrt ZGn6 r,�Y7Fr Lj ceS can al:•"OiilmG at•� 6-�� '. h�i Fi„mi'v ;.irei -.•5 Annd that R-A U R-1 -._rt@ can :9Ci i;1?ulriidatt? nnG+`_leer: 218 granny Ltllltti C L !_vt a L.o,.1.a, _ of o4c l+li•s, Y.ti �*1Ttily a +i''� T,iig w.-,�,ld ue an inr:i:r2rE- _r „ 79 ~scent 7.ri mlil �. - • ' v i, wlli cii Siv_ _ 1d add7' s the iss-ue stated 3xy i_-1_i_i,. HCD Cn-mment: "Tile pertinent vacancy rates for Norr o Bay, er the 199.1 censers, • Z:c- 7, for rGn1lals a7i' 4- for owner-,ji-„_,api d units. Tile: ,- _L'.y __ might might wul,y in rZ\%i_Ciai,1C IS ( e it7G' i j ) f•.•1 �`l CIY i. �- � rr 1-, . City Response: This comment suggests that the census data relating to housing vacancy status in Morro Bay should be clarified. To address this comment, we propose to delete the third sentence of the second paragraph on page 32, under the heading of Vacant Units, and in its place add the following language. After accounting for seasonal and recreational homes, at the time of the 1990 census, the vacancy rates in Morro Bay for owner occupied housing units was 6.5-t and the rental vacancy rate was 6.8$. HCD Comment: "The Farmers Home Administration may have funds available for infrastructure development in the near future. The City', should contact the regional FmHA office for information on specific programs. The City might also work with both for and non-profit developers to encourage their use of available tax credits and funds from FmHA and other government agencies to develop affordable housing." City Response: The City intends to secure any funds which are available. Due to budgetary cutbacks, it is very unlikely that any staff time will be available to do such work in house and that all grant requests will have to come from outside housing authorities and • non-profit organizations. HCD Comment "The City should be aware that Chapter 889, Statutes of 1991 requires localities to furnish special districts and private entities that provide retail water services or sewer services in the locality with a copy of the adopted housing element and any amendments to the adopted element. These entities are required to grant existing and projected water and sewer service priority to housing development proposals which help meet the locality's needs for lower -income housing." City Response: There are no private entities or special districts providing water or sewer services in Morro Bay. 18 • ATTACHMENT B The Planning Commission made several comments at the first Public Hearing on the Housing Element. Following is the responses to those comments: Planning Commission Comment #1: Page 5 - A-13 inclusionary affordable housing, Commissioner Melvin suggested alternative language to "determining feasibility" as that term is not quantifiable and creates problems. Response: State Law, Government Code Section 65590, defines feasible as follows: (3) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factor. It is difficult to quantify this definition. Perhaps the best approach would be to require studies of "feasibility" to be conducted by an independent consultant hired by the City, similar to an EIR. It is suggested that the definition of "feasible" be added to the Housing Element and that the following sentence be added: • Prior to making a determination of infeasibility, the City shall require an independent study of feasibility based upon these factors. Planning Commission Comment #2: Page 8 - B-3 -- private financing of rehabilitation of affordable housing, a program should be added between B-3 and B-4 which would encourage private developers in conservation and rehabilitation. That Realtors and Chambers could adopt elderly homes to fix up, would like to see this type of program contained in the element. Response: The following program could be added between B-3 and B-4: The City shall encourage local private organizations to assist elderly, handicapped and disadvantaged in the repair and rehabilitation of their housing. Planning Commission Comment #3: Page 11 - Goal D -- Special Needs does not talk about the needs of local farm workers. The issue needs to be examined more deeply and not be overlooked. Response: The farms which employ the workers are currently not providing for the workers needs. These farms are located in San Luis Obispo County nd the Housing Element for the County should address this issue. In eviewing the Draft Housing Element for the County of San Luis Obispo, it appears that they do not adequately address the needs for farm workers housing. 19 -!!_!• •S •� •Sl Page 12 the City should encourage more use of creative construction techniques to reduce energy and other innovative techniques which may not be a part of Title 24, which increase housing affordability and that more of this information needs to be provided to the public as educational and informational material. Response: The following language is recommended to be added to Program 24: The City shall encourage the use of additional innovative energy con- servation techniques such as active and passive solar systems, orientation, and project layout in an endeavor to further reduce dependence upon outside energy sources. The City will make 'handout and literature available to the public outlining measures that they could take to reduce energy use. Planning Commission Comment #5 Page 42 school enrollment needs to be checked and staff should check the capacity figures. Response: The table was corrected by the consultant. • • 20 ATTACHMENT C 1990 Census of Population and Housing Page 040 California • 160 Morro Bay city Total housing units ........................................... 5,694 OCCUPANCY AND TENURE Occupied housing units ........................................... 4,486 Owner occupied....... ...................................... 2,494 Percentowner occupied ..................................... 55.6 Renter occupied ............................................... 1,992 Vacanthousing units....................... .................... 1,208 For seasonal, recreational, or occasional use ................. 748 Homeowner vacancy rate (percent) .................................. 6.5 Rental vacancy rate (percent) . ............... ................. 6.8 Persons per owner -occupied unit .................................. .2.01 Persons per renter -occupied unit......... ..................... 2.20 Unitswith over 1 person per room ................................ 206 UNITS IN STRUCTURE 1-unit, detached ................................................. 3,664 1-unit, attached ................................................. 285 2 to 4 units ..................................................... 510 5 to 9 units ..................................................... 153 10 or more units.. ........................................... 127 Mobile home, trailer, other.......... .............. ........ 955 VALUE Specified owner -occupied units ................................... 1,927 Less than$50,000............................................. 20 $50,000 to $99,000.. .................... .................. 94 $10,000 to$149, .. • $150,000 to $199,999.......................................... 999 419 $200,000 to$299,999.......................................... 706 $300,000 or more .............................................. 452 Median (dollars) .............................................. 224,700 CONTRACT RENT Specified renter -occupied units paying cash rent ................. 1,878 Lessthan$250................................................ 129 $250 to$499.................................................. 753 $500 to$749.................................................. 794 $750 to$999.................................................. 176 $1,000 or more ................................................ 26 Median (dollars). ...... ............................ 515 RACE AND HISPANIC ORIGIN OF HOUSEHOLDER Occupied housing units.... ........................................ 4,486 White............ ........................................... 4,285 Black...... ....................................... 15 Percentof occupied units.. ............................. 0.3 American Indian, Eskimo, or Aleut ............................. 44 Percent of occupied units .................................. 1.0 Asian or Pacific Islander ..................................... 61 Percent of occupied units .................................. 1.4 Other race.. ............................................ 81 Hispanic origin (of any race) ................................. 220 Percent of occupied units .................................. 4.9 • ATTACHMENT D May 3, 1993 Planning Commission Recommended Amendments Housing Element The following additions and changes were made by the Planning Commission at their meeting on May 3, 1993: 1. Add Program on page 6 to state: "The City will encourage the mixing of affordable housing through out the community rather than concentrating affordable units in a few locations. 2. Add "purchase land" to Programs 1 (page 5): The City will establish an affordable housing fund to construct lower income housing, purchase land, ..... 3. Add Program on page 12 to state: "The City shall amend its subdivision ordinance to • require all new subdivisions to be designed to reduce vehicle dependence and encourage pedestrian and bicycle circulation." 4. Amend previous Planning Commission comment No. 4 on Attachment C: "The City shall encourage the use of additional innovative energy conservation techniques and designs such as active and passive solar systems, orientation, and project layout in an endeavor to farther reduce dependenee- potr-aettsiele energy, searees construction, and operating costs,. ....." r� ATTACHMENT E May 10, 1993 - City Council Meeting Additional Approved Amendment Housing Element The following additions and changes were made by the City Council at their meeting on May 10, 1993. The City Council approved the Housing Element on May 10, 1993 including the Attachments A., B., C. and D as amended below: 1. Change the last paragraph on Page 7 of the Attachment A as follows: The City does not currently have a water supply adequate to service the potential population increase of 2,487 persons from the 9,664 population in 1990. The current retrofit program, which allows water equivalency units to be allocated to developers where EEey reauce water use in existing Duilazngs, is pro3ected to last one or two more years at the most (77 to 154 units). The City has initiated a process to procure state water to support future development. However..... • 2. Change the first paragraph on Page 8 of Attachment A as follows: The City also has desalination facilities. These existing facilities have recently been granted local permits for operation but are currently awaiting the approval of the State Coastal Commission. At the time of this draft of the Housing Element, under current Coastal Development Permits, the City may only use the desalination plant to provide an emergency water supply during drought conditions. 3. Correct the typographical error on Page 14 of Attachment A in the first paragraph of Section "b." in the last line of the last sentence: "... the number needed for.." 4. Correct the typographic error on page 16 of Attachment A in the second line of the City Response under C.1: "... for future housing." 5. Change the language of Attachment D, item #4, second line to read: "...energy conservation techniques, new building materials and design..." . 6. Change the language on page 5 of the March 15 draft Housing Element, General Policy A.12, third paragraph, • third sentence to read: "Said fee shall be set annually in the master fee schedule." 7. Change the language on Page 41 of the draft Housing Element under heading "Water", third sentence of para- graph 3 to read "...waiting list for allocations..." 8. Correct Table 28 on page 44 of the draft Housing Element to read as follows: Table 28 Residential Building Fees City of Morro Bay 1993 Fee Amount (based Type of Fee on median value house: $225,000) Building Permit $ 1,068 Sewer Availability 2,200 Water Availability 355 TOTAL $ 3,623 9. Change the language of the last paragraph on page 44 of the draft Housing Element to read: The residential development fees in Morro Bay are not unusually high compared to other cities in the region. The two largest components of residential development fees -- water and sewer -- are based on the cost of providing such services. These two fees were recently reduced by almost $4000 per unit. 0 RE O OLUT = OIL NO - 3 O— 9 3 A RESOLUTION OF THE CITY OF MORRO BAY ESTABLISHING THE AMOUNT OF DEBT ISSUE NEEDED TO REIMBURSE THE CITY FOR FUNDS ADVANCED TO CONSTRUCT THE DESALINATION PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City's Water Operations Fund has previously entered into a formal debt arrangement with the General Fund as identified in Exhibit "A"; and WHEREAS, the City's Water Operations Fund has also previously received advances from the City's General Fund to offset negative cash balances resulting from deficit operations; and WHEREAS, repayment to the City's General Fund for cash advances has not occurred; and WHEREAS, the City Council is desirous of repaying the formal . debt owed to the City's General Fund from the Water Operations Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that staff is hereby directed to pursue a debt issue in the amount of $3,917,368 shown in Exhibit "A" to reimburse the City's General Fund by May 10, 1993. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26th day of April, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: • O BRIDGETT AVIS, City Clerk P n LJ EXHIBIT A REVISED 4/26/93 SUMMARY ANALYSIS Total Desalination Cost Amount Not Recommended for Financing Amount to be Financed A. BREAKDOWN OF TOTAL COST 1. Construction Costs 2. Fixed Operations & Maintenance 3. Variable Operations & Maintenance 4. Permits 5. Geologic 6. Utilities 7. Legal Costs - FY 91-92 & FY 92-93 8. Interest to General Fund FY 91-92 & FY 92-93 9. Encumbered Cost (estimated) 10. Mitigation Cost (estimated) 1 1 . Test Wells - FY 90-91 12. E.I.R. (estimated) 13. Sales Tax Owed on Desalination Plant (estimated) 14. Utilities Adjustment - FY 91-92 SUB -TOTAL (As presented in original staff report of 4/26/93). Additional Legal Costs TOTAL PROJECTED COST (As amended by City Council at 4/26/93 meeting). $5,707,698.86 <$1.790.331.00> Fir] $3,734,268.39 $ 310,446.00 $ 9,996.31 $ 52,554.07 $ 62,542.29 $ 27,797.94 $ 334,586.00 $ 373,914.00 $ 8,000.00 $ 165,000,00 $ 120,000.00 $ 161,098.00 $ 250,000.000. <$ 1.504.14> FINTiT.N.T�� • u • EXHIBIT A (Continued) Page 2 B. BREAKDOWN OF AMOUNT NOT RECOMMENDED FOR FINANCING TO BE PAID FROM WATER OPERATION REVENUES Type of Expenditure 1. Test Wells 2. E.I.R. 3. Interest to General Fund Amount FY 90-91 Budget Appropriation 120,000.00 FY 92-93 Budget Appropriation 161,098.00 FY91-92 Budget Appropriation 11,500 FY 91-92 Budget Amendment 100.00C TOTAL $ 111,500.00 4. Interest to General Fund FY 92-93 Budget Amendment 260,000.00 5. Legal Cost FY 91-92 Budget Appropriation 2,500 FY 91-92 Budget Amendment 267,500 TOTAL $ 270,000.00 6. Legal Cost FY 92-93 Budget Appropriation 2,500.00 7. Desalination Const. FY 91-92 Budget Appropriation 46,683 FY 91-92 Budget Amendment 210,000 TOTAL $ 256,683.00 8. Desalination Const. FY 92-93 Budget Appropriation 9,050 FY 92-93 Budget Amendment 137,758 TOTAL $ 146,808.00 9. Proposal To Transfer FY 92-93 Debt Service Appropriation 137,242.00 Remaining Debt Service Balance 10. Mitigation Cost Recommended as part of FY 93-94 Appropriation SUB -TOTAL (As presented in original staff report of 4/26/93). Appropriation from Water Line Replacement TOTAL Amount of Debt Issue Recommended (A-B) (As amended by City Council at 4/26/93 meeting). r r� + 159,500.00 $1,790,331.00 $3,917,367.86 • MEMORANDUM TO: Forrest Henderson, City Administrator FROM: Rudy Herne ndeYT'Pinance Director DATE: April 30, 1993 SUBJECT: Budget Detail Report - Desalination Expenditures The attached Budget Detail Report was prepared by Councilperson Mullen as a supplement to the City Staff Report regarding the Tax -Exempt Financing of Desalination Plant and was presented at the Regular Meeting of the City Council on April 26, 1993 to provide additional financial information for Council consideration. 0 Attachment 9 0 0 0 0 0 0 0 N N M LrLU • Z VMj N Q Z Z W Z Z Z Z¢ m m �..Ciro 0 W W 0 O O LLI O F i i w CC '-' z z O W¢ � w�(( a a m X() X ¢ 2 C7 = m W W 0 a N W N W U.D i ¢ Z Q X Z z° X m x voiom¢ �(D m mm° GP C e9 � 'A = J v a> m¢ O J O m 1 O � O O T O M N N 0 F- O ((D .M- N N 000 < U v� is 60 69 69 ui Z F o o W tV 2 p rn o ccn Ci LC � H Z vCc N l0 cli v N N _M pLU fH 69 69 6H 1 U m ¢ ui a a a a m O N 0 0 0 v O O—V w v O F- 69 O O O O O O N 00 N O Z W O w O It O N f0 O fO O W 00 a{ I.: O N O n N N N O 0 69 (A O 69 N N Q C4 0 69 69 69 0 Z ur 6r� ui p W p � m Q a CD O CD O 0 to 0 N N W Z N 000 60 40 U (g p 0 3 0 u> 0 Fa O m ¢ Op N ¢I m m rn rn rn m 11 } T ONi Q7 Qi ON1 co O I a Q p Z m I • O LL i y CC w co o CC Q 0 Q W J N p F- co CC W Z t m U H Li ? C7 � o §L E: §f LLI § 7 k § aajr ®= o (9\z (/ § E %±\ (R § ) �m2 Z%x� §M\a x 7\})§ am' OM § _ to \ -j CO I« co co \ cn \ \ \ « i co C'A � � \z \LIML Ga $M § - -- -- - CY) E 0 § & ® - - 2� CD 0 _j ^ ^ 69 er o�« ca \ d § ~ � ) LU LLI ) � LLI )EAA §/ f / §/F— §a co co to �\ E kG _ / w 2 f �S §) k\ §§ q§ A§ <D §§§ _0 ) ) §\ { C§ ARE Ik LLI \( §§) 0 9 CL & W 7 y J Z O W 2 m _ LU .= a17 Z O W w o O LL p a o (D 0 In a 0 sa = J v a> m¢ 0 J (A Q F Q U Z U = o o w LL Cca�Z vccU3LL1 tWn » m U Q a fA H o 0 N 0 Z LQ W o of _ FF U) (.9 iA W p U' Z u pW p < ma Q 0 O 0 O Z O 1f1 U (a ¢U2 to O m a F Z } W O W W Z U a c�W � Wg a a LLI m U a ¢ 0 w co O a O OC a a ro co 0 ao 0 0 00 O m 0 W O to M N N M O 1l 0I O 1- 61 (p co (n n rn o fA (O N Of C9 r Cl) M N C �t M 0 (s va v M O H aW J z a W O i p F X X ¢ w J H 0 D F- LU -1 o0Za 3 � � O O LLO Z -1 CL U> ui < -i Y- z Cl) 9 m a M W C Q Q 1i RESOLUTION NO. 29-93 RESOLUTION TO AWARD BID NO. 92-04 FOR WEED ABATEMENT SERVICES TO MORRO CREEK FARMS NURSERY, MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay publicly advertised and opened bids for said services on April 13, 1992; and WHEREAS, the Department of Public Works recommends the award of said contract to Morro Creek Farms Nursery of Morro Bay, California as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Morro Creek Farms Nursery of Morro Bay, California be hereby awarded the contract for weed abatement tractor mowing in the amount of $3.10 per hour per foot width of cut. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 26 day of April, 1993, by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: BRI GETT qVIS, Deputy City Clerk E RESOLUTION NO. 28-93 RESOLUTION DECLARING DESALINATION FACILITIES TO BE SUBSTANTIALLY COMPLETE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, drought -related impacts upon the City's potable water system made it necessary to install seawater desalination facilities to assure adequate supplies of potable water; and WHEREAS, the City and a private vendor, Aqua Design, Incorporated, undertook specific activities to install said facilities; and WHEREAS, Aqua Design, Incorporated, completed its activities in March, 1992; and WHEREAS, the City's activities were impacted and delayed; and •WHEREAS, there remains one work task remaining prior to final completion of the facilities, namely installing and testing of the automatic control system; and WHEREAS, the facilities have been documented to produce potable water from a seawater well source in accordance with original intent; and WHEREAS, completion of the final work task is being diligently pursued. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that the desalination facilities are hereby deemed to be substantially completed; and BE IT FURTHER RESOLVED, the remaining work task shall be diligently completed; and BE IT FURTHER RESOLVED, the Morro Bay City Administrator be authorized and directed to cause filing and recordation of a Notice of Substantial Completion. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of April, 1993, by RESOLUTION NO. 28-93 PAGE 2 • the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: 1�d�""�WXJII{ �I .GAI-t BRIDGET DAVI , Deputy City Clerk WTB/LC:WTB93-1:28-93 • RESOLUTION NO. 27-93 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING RUDY HERNANDEZ AS CITY TREASURER T H E CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of appointing a City Treasurer; and WHEREAS, the City has determined that Mr. Rudy Hernandez does possess those skills and abilities necessary to be an effective Finance Director and City Treasurer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does appoint Rudy Hernandez as City Treasurer for the City of Morro Bay. 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 April, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: BRIDGETT AVIS, City Clerk RE S OLUT = ON NO - A RESOLUTION DIRECTING STAFF TO PROCEED WITH THE ISSUANCE OF TAX EXEMPT BONDS TO FINANCE DESALINATION FACILITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City's desalination facility was not substantially complete on September 9, 1991, even though it was potentially operable and had previously operated for the treatment of brackish feed water, since it was not yet functional or permitted for the treatment of saltwater and its feed water and treatment systems were not complete; and WHEREAS, it is anticipated the City's desalination facility shall be substantially complete shortly such that it can be operated at substantially the level for which it was designed, and it is anticipated the City Council shall accept the facility by the end of April, 1993; and WHEREAS, the multiple lawsuits which threatened the completion and operation of the desalination plant were settled and dismissed in March of 1993; and • WHEREAS, the above conditions have now occurred, it is now appropriate to pursue financing of the city's desalination facility through the issuance of tax exempt bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that staff is directed to pursue the issuance of tax exempt bonds for the purpose of financing the city's purchase of its desalination facility pursuant to the provisions of previously adopted Resolution No. 91-92 dated July 13, 1992. PASSED, APPROVED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of April, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, and Yates NOES: None ABSENT: Unger ATTEST: • BRIDGETV DAVIS, City Clerk RESOLUTION NO.25-93 PARTICIPATION IN THE SAN LUIS OBISPO COUNTY REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM WHEREAS, the City of Mono Bay is at risk of a hazardous materials incident requiring a response capability that does not currently exist; and WHEREAS, the City of Morro Bay can not afford or logistically support its own hazardous materials response team that complies with State and Federal regulations; and WHEREAS, the Fire Chiefs of San Luis Obispo County, working in conjunction with Environmental Health, Sheriff's Department, Department of Transportation, California Highway Patrol, Office of Emergency Services and others, completed a three year analysis of the impacts and capabilities of local emergency responders in hazardous materials related incidents; and WHEREAS, the results of this analysis clearly indicate that he best approach to handling a hazardous materials incident is the development of a county -wide Regional Hazardous Materials Response Team; and WHEREAS, participation in the San Luis Obispo County Regional Hazardous Materials Response Team will provide the City of Morro Bay with a qualified, cost effective, and locally • controlled hazardous materials emergency response system. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL AUTHORIZES THE City of Morro Bay Fire Department to participate in the San Luis Obispo County Regional Hazardous Materials Response Team. PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on the 26th day of April, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: • Bridgett D is, City Clerk • RE S OLUT T ON MC:). 2 4— 9 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AN AGREEMENT WITH THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR RURAL COMMUNITY FIRE PROTECTION GRANT PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California State Department of Forestry and Fire Protection is allocating funds to rural areas under the Rural Community Fire Protection Grant Program; and WHEREAS, said funds are to be used to organize, train, and/or equip local firefighting forces in communities to prevent or suppress fires which threaten life, resources, and/or improvements within rural areas; and WHEREAS, the Department of Forestry has advised the Morro Bay Fire Department of approval of their application for funds in the amount of $2,003. • NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the Mayor is authorized to execute the Agreement for Distribution of Funds on behalf of the Morro Bay Fire Department, San Luis Obispo County, between the City of Morro Bay and State of California Department of Forestry and Fire Protection in the amount of $2,003 provided under the Cooperative Forestry Assistance Act of 1978 (PL 95-313). PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of April, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, and Yates NOES: None ABSENT: Unger ATTEST: • BRIDGETT VIS, Deputy City Clerk CDF # DEPARTMENT OF FORESTRY AND FIRE PROTECTION • STATE OF CALIFORNIA The Resources Agency Agreement for DISTRIBUTION OF FUNDS under the Rural Community Fire Protection Program of Cooperative Forestry Assistance Act of 1978 THIS AGREEMENT FOR DISTRIBUTION OF FUNDS, made and entered into this 12th day of April , 19 93, by and between the State of California, acting by and through the Director of the Department of Forestry and Fire Protection hereinafter called "State", and the City of Morro Bay hereinafter called "Local Agency", covenants as follows: WHEREAS: 1. State has been approved as an agent of the U. S. Forest Service for the purpose of administering Cooperative Forestry Assistance Act of 1978 (PL 95-313, Rural Community Fire Protection Program), hereinafter referred to as "RCFP", and • 2. The RCFP has made funds available to State for redistribution, under certain terms and conditions, to Local Agency to assist Local Agency to upgrade its fire protection capability, and 3. Local Agency desires to participate in said RCFP. NOW THEREFORE, it is mutually agreed between the parties as follows: 4. GRANT: State will grant to Local Agency, from funds made available to State by the Federal Government, the sum of $ 2,003.00 pursuant to terms and conditions contained in Paragraph B below for specific projects identified in Exhibit A attached hereto. This sum is the sole and maximum payment which State will make pursuant to this Agreement. 5. LIMITATIONS: Expenditure of the funds distributed by State herein is subject to the same limitations as placed by the Cooperative Forestry Assistance Act of 1978 (PL 95-313), known as the "Rural Community Fire Protection Program", upon expenditure of United States Government funds. 6. MATCHING FUNDS: Any and all funds granted to Local Agency under the terms of this Agreement, hereinafter referred to as "RCFP Funds", shall be matched by Local Agency on a dollar -for -dollar basis, . for each project listed on attachment(s) hereto identified as "Exhibit All. No amount of unpaid "contributed" or "volunteer" labor or services shall be used or considered in calculating the matching amount "....actually spent...." by Local Agency. RURAL COMMUNITY FIRE PROTECTION PROGRAM AGREEMENT FOR DISTRIBUTION OF FUNDS PAGE 2 OF 3 7. ADDRESSES: The mailing all notices, payments, repayments, terms of the Agreement, are: address of the parties hereto, for or any other activity under the Local Agency: City of Morro Bay 595 Harbor Street Morro Bay CA 93442 Telephone Number State: Department of Forestry and Fire Protection Cooperative Fire Services, Room 1654-7 P. 0. Box 944246 Sacramento, California 94244-2460 (916) 653-6521 8. PURPOSE: Any project to be funded hereunder must be intended to specifically assist Local Agency to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent, or suppress fires which threaten life, resources, and/or improvements within the area of operation of Local Agency. 9. COMBINING: In the event funds are advanced for two or more separate, but closely related projects, the cost -sharing formula will • be applied to the total cost of such combined projects. 10. EXCESS FUNDS: Any funds paid to Local Agency in excess of the amount "earned" by Local Agency, as contemplated in Paragraphs C, E, and F above, shall be returned to State within 45 days after completion of the project. 11. RECORDS: For a period ending four years after the "completion" of a project, State reserves the right to examine and study Local Agency records concerning a grant under this Agreement. "Completion" is herein defined to be the date when the funded activity, or project, is finished -- for example, the end of the final training session (or evaluation) of a training program, or the acceptance of the final report for a planning project, or the placement in service of a piece of firefighting apparatus which was bought or built with RCFP funds. 12. REPORT: Local Agency shall submit to State, prior to the termination date provided herein in Paragraph M, a statement detailing the qualifying matching expenditures made under Paragraph C above. 13. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this grant is made, Local Agency may reapply for funds to cover the grant share of the amount exceeded. However, there is no assurance that any such funds • are, or may be, available for reimbursement. • RURAL COMMUNITY FIRE PROTECTION PROGRAM AGREEMENT FOR DISTRIBUTION OF FUNDS PAGE 3 OF 3 14. DISPUTES: In the event of any dispute over qualifying matching expenditures of Local Agency, the dispute will be decided by State and its decision shall be final and binding. 15. HOLD HARMLESS: Local Agency agrees to defend, indemnify, save, and hold harmless State, as defined herein, and the Department of Forestry and Fire Protection, their officers, agents,. and employees, against any and all claims, demands, causes of action, or liability of any kind whatsoever arising out of the acts of Local Agency, its agents or employees in performance of any function provided for under the terms of this Agreement. 16. TERM: The term of the Agreement is for a maximum period of one year from the effective date shown above; or, not more than 45 days after any completion date set forth in Exhibit A, whichever is sooner. It any be extended or amended by mutual consent expressed in writing, subject to approval required by law. 17. The parties hereto agree that Local Agency, its officers, employees, agents, servants, contractors, volunteers, paid call firemen and others acting on behalf of Local Agency performing under the terms of the Agreement, are not acting as officers, employees, or agents of either State or the Federal Government. • IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. STATE OF CALIFORNIA LOCAL AGENCY DEPARTMENT OF FORESTRY AND FIRE PROTECTION City of Morro Bay By: By Signature *Si Printed Name William Harrington Pr Title Acting Deputy Director Ti For Fire Protection Date **Date April 12, 1993 *Officer signing here must be the same Officer authorized in the Resolution to execute this Agreement. **Make sure this date is the same date as the Resolution or later. EXHIBIT A • .a L CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION APPLICATION FOR GRANT COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 RURAL COMMUNITY FIRE PROTECTION PROGRAM Type or print neatly In ink Complete In duplicate: Submit original to CDF Ranger Unit and keep one copy for your file. A. DEPARTMENTIORGANIZATION Name:Morro Bay Fire Department Street Address: 715 Harbor Street Mailing Address: 715 Harbor Street City, State, Zip: Morro Bay, CA 93442 Telephone: ( 805 ) 772-6242 B. AREA TO BE SERVED BY GRANT (Includes areas covered by contract or written mutual aid agreements). Number of Communities: 1 Area: 6 sq. miles Population: 10,000 Annual Budget: S C. ACTIVITY: Average annual number of emergency incidents. Fire: 56 + EMS: 796 + Other: 255 — Total: 1, ]07 D. PURPOSE OF GRANT (Check all that apply. HazSlat, EMS, and Rescue equipment are not authorized). Safery Equipment X Fire equipment X Radio Equipment Training X E. PROPOSED PROJECT (List individual items for funding): Item (Group by proiect tvve) Ouantity Unit Cost Total 1. Fire shelters w/belts (safety) 15 $32.39 $ 485.85 2. Wildland nomex shirts & pants(safety) 15 $ 73.20 $1,098.00 3. Wildland helmets & goggles (safety) 15 $ 11.49 $ 172.35 4. Command 2 E (Training classes) 7 $573.00* $4,011.00* 5 Rescue Systems ](Training classes) 3 $573.00* $1,719.00* 6. 1�" wildland hose single jacket (equip) 1,500' $ 57.80 $ 867.00 7. W' Wildland nozzles (equip.) 4 $321.75 $1,287.00 8. W' in line tee (equip) 4 $ 15.87 $ 63.48 9. ]�" wildland hose pack (equip.) 2 $ 16.41 $ 32.82 PROJECT TOTAL COST S 9,736.50 F. TOTAL GRANT REQUEST (UP TO 50%; SSW minimum; S3,000 mazimum). S 4,868.25 RCFP A (Rtv. &'92) . Class Costs include books and room and board in the total, Tuition for each class is $218.00 (without degree) • / • r 1 L_J uva•u a to Yw�.c, uacw..ca �o uaavan auuu a,v,uau..unJ, Yac�as Y•u�,ue): pulation: `ay^y y V as Number of Structures: ize (acres): Distance to nearest fire station (miles): H. ADDITIONAL INFORMATION (Briefly describe the area to be served: are protection system; water system; equipment; fueflities; equipment; stafang; hazards; etc.; Brieay explain purpose of project): Morro Bay is a Harbor front community, serving a population of 10,000 from two fire stations. Our community is surrounded by wildland and cities with wildland urban interface. With the department entering the state OES mutual aid system, we are now responding to areas state wide. We are faced with responses to large wildland fires, but have few people well trained in this aspect of our profession and lack some essential equipment. Our reserve fire fighters have no personal protective clothing for wildland fires, and structure turnouts are inappropriate. With this grant money, we can outfit personnel with safety equipment and provide them with training and equipment to do the job right. With the ocean, highways, P.G. & E. facility, and State Parks, all within our jurisdiction, we respond to a variety of rescue situations. With •+Rescue+_Systems 1, we can train personnel to.properly and safely handle —)— these situations. The Grantee agrees to provide the Grantor itemized documentation of the grant expenditures as soon as the project is complete, but no later than one year following receipt of the grant. The Grantee gives the Grantor agency or any authorized representative access to examine all records, books, papers, or documents relating to the grant. The Grantee shall hold harmless the Grantor and its employees for any liability or injury suffered through the use of property or equipment acquired under this grant. The applicant certifies that to the best of applicant's knowledge and belief, the data in this application is true and correct. Authorized representative signature Printed name C Title RCFP A (Rev. tf92) Date • RESOLUTION NO. 23-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE PLAN POLICIES AND LAND USE PLAN MAP IN ORDER TO COMPLY WITH MEASURE H, A CITIZENS INITIATIVE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GPA/ZOA/LCP 01-91 WHEREAS, The Planning Commission of the City of Morro Bay on the 4th day of January, 1993, the 19th day of January, 1993 and the 15th day of March did hold a duly noticed PUBLIC HEARINGS to consider the amendment to policies of the General Plan Land Use Plan, the amendment to the City's land use plan map and amendment to the Zoning Map to show a reduced area available for commercial use on property generally located adjacent to Highway 1 and Morro Bay boulevard as intended by Citizens initiative Measure H, passed by the voters on November 6, 1990; and WHEREAS, the Planning Commission, on March 15, 1993, voted to recommend approval of said amendments; and WHEREAS, the City Council held PUBLIC HEARINGS on January 21, 1993 and March 22, 1993; and WHEREAS, the project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that these amendments are identical to the LCP Amendments and are exempt as the functional equivalent of an EIR for the purpose of CEQA; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council did make the following findings: 1. The amendments to the Zoning Map recommended on Exhibit "A" comply with and reflect the language specified in Measure H; and 2. That amendments to the General Plan/Local Coastal Plan Land Use Map recommended on Exhibit "B" comply with and reflect the language specified in Measure H; and 3. That amendments to the text of the General Plan Land Use Plan Element and the Local Coastal Plan recommended on attached Exhibit "C", comply with and reflect the language specified by Measure H. Resolution No. 23-93 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 City Council does hereby approve Amendments to the Land Use Plan map as illustrated in Exhibit "B"; and 3. That the City Council does hereby approve amendments to General Plan/Local Coastal Plan policies as incorporated in Exhibit "C"; and 4. That the City Council concurs that for the purposes of interpreting the Measure H initiative, "gross acreage" shall mean that portion of the property which includes all interior roads and excludes all arterial and perimeter roads and further excludes all permanent open space areas; and 5. These amendments shall take effect immediately and automatically upon certification of the LCP amendments in Case No. GPA/ZOA/LCP 01-91. 6. The City Council hereby authorizes staff to submit said amendments to the State Coastal Commission for Certification of amendment to the Local Coastal Plan. • PASSED, APPROVED, AND ADOPTED, on the 22th day of March, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGET VIS, City Clerk u a zU � z z 00 N LU CL 0 L) LU cn 0: 0 LU: M 0 X- CC M 0 m T�T Z.,W. aC J Z CL a J J� a w o" 0 _ V W- rim • EXHIBIT C PROPOSED LANGUAGE CHANGES FOR GENERAL PLAN/LCP The existing policies of the General Plan/LCP shall be amended to read as follows: Proposed General Plan Policy LU-47 & LCP Policy 6 07• The City's Urban Reserve and Urban Service lines (LCP) shall be drawing to coincide with the present City limits with the exception of the Cabrillo property and the portion of Williams property which is outside of the 38 acre area which shall be excluded from that line. (LCP 146-7) The LCP would have to be amended if lands within the Local Agency Formation commission's boundary are to be included within the LCP urban rural boundary. (LCP 146) Proposed General Plan Policy -48 and LCP Policy 6 08• The City shall implement the following revisions to its LUP land use map to preserve and protect the long term productivity of agricultural lands within and adjacent to the community: (1) Designate the Cabrillo property for agricultural land use with a minimum allowable parcel size of 40 acres. (2) Permitted uses on prime and non -prime agricultural lands shall be • agricultural use for cultivation of crops or grazing of livestock and non-residential development accessory to agricultural operations. The following uses shall be conditionally allowed: a. One single family residence b. Farm Labor quarters C. Public coastal accessways d. Greenhouse and nurseries Conditional uses can be permitted on prime lands where it is demonstrated through City findings that no alternative building site exists except on the prime agricultural lands, that the least amount of prime land possible is converted and that use will not conflict with surrounding agricultural lands and uses. (LCP 147) Proposed General Plan Policy LU-49 and LCP Policy 6 09• The City shall amend its General Plan Land Use Element LU-49 and all applicable ordinances, policies and maps to designate a portion of the Williams' property within the City limits for "district commercial" use, including a new shopping center. The total area to be designated for such use shall be 13 gross acres generally located adjacent to Highway 1 and Morro Bay Boulevard. The site of such use shall be in accordance with a precise development plan consistent with the General Plan Land Use Element and relevant Coastal Act and especially Chapter 3 policies. Nothing contained herein shall be construed to permit any residential • development on the Williams property. • RESOLUTION NO. 22-93 APPROVAL OF ASSIGNMENT OF LEASE SITE 78-81/78W-81W FROM VAN BEURDEN INVESTMENTS TO FLYING DUTCHMAN ENTERPRISES, INC. AND AUTHORIZING THE MAYOR TO EXECUTE A LANDLORD ESTOPPEL AGREEMENT 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 78-81/78W-81W, and; WHEREAS, the lessee of said Lease Site is Van Beurden Investments, and said lessee is in compliance with lease terms and are current with all rents for said lease, and; WHEREAS, the Lease on said Lease Site required certain building improvement be made, and; WHEREAS, the Lessees have received the necessary permits and are ready to commence said improvements upon approval of loan documents, and; WHEREAS, the lenders are requiring that the lease be held in the •same name as the loan documents and are further requiring the City authorize execution of a landlord estoppel on the lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given for assignment of the lease for Lease Site 78-81/78W-81W from Van Beurden Investments to Flying Dutchman Enterprises, Inc. subject to City Attorney approval of corporate legal documents, the loan documents and execution and approval of the assignment agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the landlord estoppel agreement on Lease Site 78-81/78W-81W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of March, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None Susan Mullen, Vice Mayor BRIDGETT AVIS, CITY CLERK RESOLUTION NUMBER 21-93 THE CITY COUNCIL OF THE CITY OF MORRO BAY A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. Whereas the City of Morro Bay has a serious need for affordable housing, as documented in the 1993 CDBG application and the Housing Element of the City's General Plan; and Whereas Oceanside Gardens, a 21 unit rental housing development for low and very low-income elderly and disabled will help the City meet this affordable housing need; and Whereas Community Development Block Grant funds are necessary for project feasibility; and Whereas the City finds that Oceanside Gardens meets a serious low-income housing need, and therefore has agreed to assist the development by waiving water and sewer availability fees, and • contributing funds from closed out CDBG grants; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City Council has reviewed and hereby approves an application for up to $ 448,000 for land acquisition and offsite improvements on Oceanside Gardens, a 21 unit low and very low-income rental housing development in Morro Bay, and $ 32,000 for general administration of the grant. 2. The City will waive water and sewer availability fees for the Oceanside Gardens in order development, and will utilize CDBG program income to assist the project pursuant to its' approved CDBG reuse plan. 3. The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. 4. The City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. . 5. If the application is approved, the City Administrator is authorized to enter into and sign the grant agreement with the State of California for the purposes of this grant. City of Morro Bay • Resolution No. 21-93 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on March 22, 1993 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSTAIN: None ABSENT: None Mayor of the City of • ATTEST: a City Clerk f the City of Morro Bay . RE S O LUT = ON NO - 2 O — 9 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING THE LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION'S LEGISLATIVE ACTION PROGRAM FOR 1993 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California is anticipating a revenue shortfall, estimated at $10 billion; and WHEREAS, the Channel Counties Division of the League of California Cities wishes to mitigate attempts by the State to secure needed revenues from cities; and WHEREAS, the Morro Bay City Council promotes the Division's wishes to take an active role in influencing the decisions of our State legislators. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt this resolution in support of the Channel Counties Division's Legislative Action Program to reduce the impact of the State revenue shortfall on cities. "Cementing a Relationship with Our Legislators" ♦ Identify and document the impacts we are experiencing with the assistance of the City Managers Group; ♦ List all possible revenue "taking" options and anticipated impacts and distribute to each city, based upon past proposals; ♦ Share information with our respective legislative representatives on a regular basis in their field offices and let them know we are on the front lines making difficult and "politically unpopular" decisions on a daily basis; ♦ Request meetings between February and June, to establish the cumulative impacts of budget "takings" on our division; ♦ Utilize Division Quarterly Meetings to share our experiences and strategies; ♦ Inform the State League Directors of our plan and coordinate with other ongoing activities; ♦ Identify opportunities for additional revenues and offer solutions. • Resolution No. 20-93 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 22nd day of March, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETIVDAVIS, Deputy City Clerk • • • RESOLUTION NO. 19-93 RESOLUTION DECLARING WEEDS A NUISANCE AND POTENTIAL 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 potential 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 10, 1993 at 6:00 in the Morro Bay Veterans Hall to hear comments from individuals who received notice to abate their parcels. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th day of March, 1993, by the following vote: • AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETn DAVIS, Deputy City Clerk dr:lillian:abate93 • . RESOLUTION NO. 18-93 RESOLUTION AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 5 THE CITY COUNCIL City or Morro Bay, California WHEREAS, by Resolution No. 108-92, the City Council did establish Underground utility District No. 5; and WHEREAS, by Resolution No. 108-91, the City Council did establish March 1, 1993 as the date on which affected property owners and lease holders must be ready to receive underground service, and did order the removal of all poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities or supplying electric, communication, or similar or associated service within Underground Utility District No. 5 on or before June 1, 1993; and WHEREAS, such dates have passed due to delays encountered by Pacific Gas and Electric Company and Pacific Bell. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Council does hereby establish December 31, 1993 as the new date on which affected property owners and lease holders must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 5 on or before March 31, 1994. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities, lease holders, and all persons owning real property served and affected by Underground Utility District No. 5 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners and lease holders of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the line of the supplying utility or utilities at a new location, subject to applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Morro Bay Municipal Code Chapter 13.16, as amended, to affected property owners as such are shown on .he last equalized assessment roll, lease holders, and to the affected utilities. Resolution No. 18-93 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof geld the 12th day of April, 1993, by the following vote: AYES: Grotzer, Luna, Mullen, and Yates NOES: None ABSENT: Unger ATTEST: BRIDGET DAVIS Deputy City Clerk dr:bl :dist5 lJ 10 OERNRRCD O e 10 \� ^ , \4 Y, /-:qt4 Lo_. -LZ h U °C �a �m N � O cc >. -jr FE DAL O Z . �- �O U cc `0 W b ! Z RESOLUTION NO. 16-93 COMMITMENT OF FUNDING FOR IMPROVEMENTS TO SOUTH BAY BOULEVARD APPROACHES TO TWIN BRIDGES PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the existing configuration and design of Twin Bridges and the South Bay Boulevard and State Park Road approaches results in occasional flooding and closure during minor rain events in the Chorro Basin; and WHEREAS, the City of Morro Bay and County of San Luis Obispo are committed to replacing the Twin Bridges with a new bridge structure to the best and most economical design possible; and WHEREAS, in order to retain previously committed Federal funding for Twin Bridges at the best and most economical design, the South Bay Boulevard approach requires improvement to meet the same design standards as the Twin Bridges Project; and WHEREAS, the City of Morro Bay is being requested to commit funding to assure that the South Bay Boulevard improvements will • be constructed; and WHEREAS, the cost of these improvements are approximately $290,000; and WHEREAS, the City has Proposition 116 funding for bicycle lane improvements within the project limits in the amount of $300,000; and WHEREAS, the City has alternate funding in the existing Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby place the South Bay Boulevard Overlay and Improvement Project into the City's Capital Improvement Program. Sources of available funds committed to this project include, but are not limited to a combination of Proposition 116 funds and existing CIP funding; and BE IT FURTHER RESOLVED, staff is directed to add this project to the Regional Transportation Improvement Program (RTIP) and inform the County of San Luis Obispo and State Department of Transportation of this funding commitment; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay urges the County and Caltrans resolve their differences, complete design and the environmental process and move forward with the construction of Twin Bridges. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 22nd day of February, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES None ABSENT: None ATTEST: BRIDGETT AVIS, Deputy City Clerk dr:bl:prop1162 • n U . RESOLUTION NO. 15-93 RESOLUTION APPROVING TRACT MAP 2051 -- FRONTING THE NORTH SIDE OF PACIFIC STREET BETWEEN PINEY WAY AND SHASTA AVENUE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on January 7, 1991 the Planning Commission of the City of Morro Bay passed Resolution 04-91 approving the tentative map of Tract No. 2051; and WHEREAS, the final map herewith attached is substantially the same as it appeared on the tentative map, and all state and local requirements have been met. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay accepts the attached map of Tract 2051. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of February 1993 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates • NOES: None ABSENT: None ABSTAIN: ATTEST: BRIDGETT VAVIS, Deputy City Clerk NM/LC:ENGR8:15-93 E 0 � �m , -:- � >- -- ! \\ / ((§ } - �� / ,��� : =.me2 \ \ - }\ ~ . )ZYW ' I | ��� \ \` !\/ /y�§ - . . //\� ( /!i I 10 .�.. § ;= \ U L as a: d Q =} 7E T U_ Y S 9.6F.��E F ` •• Ea I C . 49; o AVM A3NId n� 3nN3A7 V15vu5 RESOLUTION NO. 14-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING • FINDINGS AND APPROVING A DENSITY BONUS FOR THE ADDITION OF ONE AFFORDABLE UNIT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay on the 8th day of February, 1993, did hold a duly noticed PUBLIC HEARING to consider the request of Richard Kleinhammer for a density bonus to construct an affordable housing unit on property located at 1215 Morro Ave in the R-2 District, more specifically described as: APN: 66-021-010 LOT 7; BLOCK 31; ATAS. BCH CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA WHEREAS, Code Section 17.50.040 allows the City Council to grant density bonuses where affordable units are proposed; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, to hereby grant the following: 1. Approve a density bonus to permit the addition of a second unit • at 1215 Morro Avenue; and 2. One of the two units located at 1215 Morro Avenue shall be for persons of low and/or moderate income based upon the income levels provided by and updated by the State Department of Housing and Community Development (HCD) on a yearly basis for a family of three; and 3. Said restriction shall be for a period of thirty (30) years and shall be recorded with the property in a form to be approved by the City Attorney and administered by either the City or other agency designated by the City. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 8th day of February, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None (� WILLIAM YS, Mayor • BRIDGETT AVIS, City Clerk • R E S O LUT = ON NO _ 1 3— 9 3 • RESOLUTION URGING SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO UPHOLD ITS FIDUCIARY RESPONSIBILITY TO COUNTY TAX PAYERS CONCERNING STATE WATER PROJECT CONTRACTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the San Luis Obispo County Board of Supervisors has entered into a contract with the State of California to purchase water entitlements from the State Water Project; and WHEREAS, the State requires the County to provide security in the event of default in the form of a district tax to make up for the default; and WHEREAS, the San Luis Obispo County Board of Supervisors has proposed to sign contracts with unproven, private interests who are at greater risk of defaulting than legitimate municipalities, thereby increasing the risk of a "taxpayer bailout"; and WHEREAS, the City of Morro Bay has requested that the San Luis Obispo County Board of Supervisors not expose its taxpayers to financial risk by taking unallocated reserves of State Water Project water; and WHEREAS, the San Luis Obispo County Board of Supervisors has chosen to ignore this request by taking unallocated reserves of State Water Project water, which more than doubles the County's obligation to the State of California, thereby doubling the risk to district taxpayers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that: 1. If the San Luis Obispo County Board of Supervisors chooses to enter into contracts with real estate developers, private partnerships, "paper" water companies, and other private interests, steps be taken to protect the taxpayers of this district from the financial liability which will occur should these private interests default. 2. All costs for C.E.Q.A. review, water treatment, and all other costs for reservation of the water be paid in a "lump sum" at the time of signing contracts. Resolution No. 13-93 Page Two 3. Since these "up front" costs represent only a small fraction of the liability assumed by district taxpayers, capital costs for the Coastal Branch of the State Water Project, ongoing operating costs, and other costs should be guaranteed by a bond. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8th day of February, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETT VIS, City Clerk • . RESOLUTION NO. 11-93 A RESOLUTION OF THE CITY COUNCIL APPROVING PUBLIC AREA USE PERMIT NOS. 648/649 FOR THE CAL POLY CREW CLUB REGATTA AND PRACTICES 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 authorize all special events held in the harbor; and, WHEREAS, the Cal Poly Crew Club will be sponsoring a regatta on March 06, 1993 starting at 6:00 a.m. for set-up and 8:00 a.m. for race start; and, WHEREAS, the Cal Poly Crew Club will be holding practices daily in the Morro Bay harbor which presents an inherent conflict with other harbor users; and, WHEREAS, the City Council has reviewed the aforementioned special event and daily practice request, and finds that adequate insurance is provided for the City and the event will not interfere with reasonable use of the harbor. • NOW, THEREFORE, BE IT RESOLVED that the City Council approves use of the harbor by the Cal Poly Crew Club for their Regatta and daily practices as in "Attachment All attached hereto. BE IT FURTHER RESOLVED by the City Council that the Recreation and Parks Director is authorized to issue Public Area Use Permit Nos. 648/649 for the Cal Poly Crew Club Regatta and practices. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 8th day of February, 1993 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETT DAVIS CITY CLERK al.resl193 "ATTACHMENT All RESOLUTION NO. 11-93 • RECREATION AND PARRS CITY OF MORRO BAY CONDITIONS OF APPROVAL OF PUBLIC AREA USE PERMIT NOS. 648/649 TO CAL POLY CREW CLUB The following conditions are placed on Pubic Area Use Permit No. 648/649 for the Cal Poly Crew Club's use of Coleman Park and the harbor: 1. A liability insurance policy endorsement (not certificate) in the amount of $1 million with an "A" rated company naming the City of Morro Bay as additional insured without offset to City's policy, as respects all operations of the named insured. 2. Water use at Coleman Park restroom is expected by Cal Poly Crew at a rate of 2 units/month [$3.50/unit for nine (9) months (academic year)]. Payment shall be made to the City for this water. • 3. Regatta schedule shall be submitted to Harbor Department for review and approval. Any costs associated with the Regatta for Harbor Department staffing, vessel use or other necessary services shall be reimbursed to City. 4. Crew Club agrees to avoid any loud noises, yelling, shouting or whistling prior to 7:00 a.m. and to minimize noises in the areas of vessels or the Embarcadero prior to 7:30 a.m. In accordance with the City's noise ordinance, Crew Club shall control noises between 7:00 p.m. and 7:00 a.m. 5. Crew Club acknowledges they have the obligation and responsibility to insure they do not endanger any other vessel using the bay and/or wildlife, and will slow the crew or support boats down or take evasive action when presented with a potential conflict with other bay users. 6. Crew Club may tie up two (2) small support vessels (under 15 feet) to the unused inside portion of the Harbor Patrol Dock, with a fee waiver, on a space available basis at the discretion of the Harbor Patrol. If the Harbor Patrol desires to assign or berth any other vessel at that location, the Crew agrees to identify other mooring arrangements and relocate their vessels immediately. • E CAL POLY CREW PERMIT CONDITIONS OF APPROVAL PAGE 2 7. Crew Club shall provide and pay for trash service at the Crew Club building site and clean up the building site and Coleman Park on a daily basis. 8. Crew Club shall enhance safety and security in the bay by reporting all debris, suspicious activities, safety and/or environmental hazards in the areas of their activity to the Harbor Department. 9. Crew Club is authorized to exceed the City speed limit of 5 miles per hour as listed in Morro Bay Municipal Code 15.12.010 during the Regatta and all team practices from 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. 10. Crew Club shall provide written reports regarding Club activities to the City and shall provide City with a written complaint reporting procedure involving ASI Recreational Sports staff. Any complaints, suggestions or comments to the City shall be directed to the Harbor Department for review and/or action as may be necessary. By our signature below we indicate we understand the preceding conditions for Cal • Poly Crew use of harbor at Morro Bay and Coleman Park, and accept these conditions. We further acknowledge the city's authority to cancel the Permits issued above and terminate Cal Poly Crew Clubts use of the harbor for regattas, practices or any special events for failure to abide any of the above conditions. n U tititi Ric Jol nston Re reat'onal sports Director T evor Carone Crew Club President Date RESOLUTION NO. 10-93 • RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 91-92/91W-92W TO FRANK ST. DENIS AND WILLIAM DeCAROLIS, dba VISIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 91-92/91W- 92W; and WHEREAS, Harold and Rita Anderson are the lessees of said property; and WHEREAS, lessees have terminated the sublease agreement approved by City Resolution 16-91 with Kay Confer; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a Consent to Sublease Agreement for portions of the leased premises with Frank St. Denis and William DeCarolis, dba Visions, a copy of which Consent to Sublease • Agreement has been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Sites No. 91-92/91W-92W to Frank St. Denis and William DeCarolis. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of February, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGETTJDAVIS, CITY CLERK • WILLIAM YATES, City of Morro Bay 595 Harbor St. • Morro Bay, CA 93442 • 805-772-1214 A P P L. 31 C A rU 2 O N CITY OF MORRO BAY HARBOR DEPARTMENT 1275 EMBARCADERO MORRO BAY, CA 93442 (805) 772-6254 APPLICATION FOR AMENDMENT, ASSIGNMENT, OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to the Harbor Office for processing. LEASE SITE #: -I I - 1-'- & P— cn 1 Amp- P-<ON Lessee (please print) 'iN`l F—MHARCADF-F-0 Mai ling Address 1r2)eA0 BA Y tC-ALjF. 931iri Z City, State Zip aim 1 12R 143 APPLICATION FEE:Z�a' ZSSq v14L&E`/ Business Name ---)7:2--343q Telephone REQUEST: Briefly describe specific nature of approval requested. U � % h', � ��Rh -2�1 13 Applicant's ignature Date . SEE REVERSE CITY HALL 595 Harbor Street FIRE DEPARTMENT 715 Harbor Street PUBLIC WORKS 695 Harbor Street HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION AND PARKS 1275 Embarcadero 850 Morro Bay Blvd. 1001 Kennedy Way 171 Fine Art Gallery and Gifts Mr. Rick Algert Harbor Administration 1275 Embarcadero Morro Bay, Ca 93442 Dear Mr. Algert; January 20, 1993 Please regard this letter as a request for VISIONS to begin doing business at 899 Embarcadero, lease sites 91-92 beginning March 1, 1993. Due to the dismanteling of our present location, we are forced to find other sites for our business. While this site is much smaller than the one we currently occupy, it is the only Embarcadero site available at this time. If you have any questions, please call either Bill DeCarolis or Frank St. Denis at 772-5083. Thank you for your assistance. Very truly yours, C ---------------------------------- FRANK ST. DENIS, GENERAL PARTNER Dolores near Sixth, P.O. Box 7250, Carmel, CA 93921 (408) 626-2611 629 Embarcadero, Morro Bay, CA 93442 (805) 772-5083 • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this �� if day of _�N_{LgR1993, by and between Harold Anderson, dba Galley Restaurant, hereinafter referred to as TENANT, and Frank St. Dennis and William DeCarolis, dba Visions, hereinafter referred to as SUBTENANT and approved by the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on November 18, 1988, and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, and: WHEREAS, the Master Lease requires CITY consent of any sublease in the following form of agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty • that TENANT will pay to City all of the sums required of TENANT and any sums due by reason of SUBTENANT's activities under the terms of the Master Lease dated November 18, 1988 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: • (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY's election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT„ TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. Page 1 of 4 2. SUBTENANT acknowledges receipt of a complete copy • of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease shall be month to month commencing upon execution of said lease provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease • requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency, including but not limited to those items listed in Exhibit_ A attached hereto and incorporated herein, shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. The proposed use by SUBTENANT is as follows: Retail Gift Sales. Percentage of Gross Rental Applicable to Permitted Use: 5%. Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than • that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an Page 2 of 4 unauthorized use subject to those penalties set forth in the • Master Lease. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 100 of the gross revenue from such unpermitted use. 6. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 7. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with • the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. 8. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 9. This Agreement cannot be modified except by a written document mutually approved by the parties hereto. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 10. To the extent that the terms of the proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master . Lease, the Master Lease shall supersede and be the controlling document. Page 3 of 4 n IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Say, California. TENANT: Harold Anderson CITY OF MORRO BAY: WILLIAM YATES, APPROVED AS TO FORM: CITY ATTORNE 6Y11:➢M:#�/:1�M�3 _ it1..a-u lv .LY Ji17zs=.:-L. Frank /St. Denyfis /11'41 .�.yijm DeCarolis Page 4 of 4 0 EXHIBIT °A^ CONSENT TO SUBLEASE AGREEMENT At a minimum, certain books and records shall be kept by Lessee and Sublessee such as: 1. Prenumbered and dated guest checks; 2. Prenumbered sales invoices or daily cash register tapes; 3. Bank Statements; 4. Sales Tax Returns; 5. Sales Journals; 6. Cash Disbursement Journals; and . 7. General Ledger • L-J RESOLUTION NO. 09-93 ASSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM QASI, INC. BRUCE AND KATHY LEWIS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 62/62W, and; WHEREAS, City Council approved assignment of Lease Site 62/62W from QASI, Inc. to George Valenzuela on August 24, 1992 contingent upon the close of escrow and receipt of assignment and assumption documents; and WHEREAS, escrow between QASI, Inc. and George Valenzuela was never completed and execution of assignment and assumption documents were not completed; and WHEREAS, upon failure of escrow to close, Bruce and Kathy Lewis, the prior leaseholders and holders of an interest in the leasehold, foreclosed on their secured interest in the leasehold and are applying for assignment of the lease site interest; and • WHEREAS, Bruce and Kathy Lewis have completed the required assignment documents and brought the lease into compliance with current terms and rent; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given for assignment of the lease for Lease Site 62/62W to Bruce and Kathy Lewis subject to execution of assignment documents and approval of the documents by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of February, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGET DAVIS, CITY CLERK City_ of Morro Bay 595 Harbor St. • Morro Bac, CA 93442 • 805-772-1214 ^"25 Jr;l`I. A P P L Z C A T = O N CITY OF MORRO BAY HARBOR DEPARTMENT 1275 EMBARCADERO MORRO BAY, CA 93442 (805) 772-6254 APPLICATION FOR AMENDMENT, ASSIGNMENT, OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to the Harbor Office for processing. LEASE SITE 1: 62 and 62W Bruce and Kath:v Lewis Lessee (please print) 372 [?guestrian Way yW ing Address Arroyo Craudc CA 93420 City, State Zip APPLICATION FEE: $260.001�� 1�7 _ Lewis Enterprises Business Name (805) 489-1684 Telephone REQUEST: Briefly describe specific nature of approval requested. As the holder of tire First Trust Deed for the lease site located at 551 Embarcadero, it was necessary to foreclose on our note for QASI, Inc. We were the previous leaseholders and wish to return the lease site into our name, whereupon, we wish to market the property to a more substantial and financially secure individual. During this period, we will clean up the property, pay all rentsthat are due, carry all insurance necessary and comply with all City requiremelts. Applicantfs Signature ate • FI- WNIIWIDI:JO PIKE-. UP:YAHIMf-N"f 715 Ha,bor Stray! I'UN.[" WUKKS ('95 1 ladxrt 51rect t=bl 1 .1-,V POLICE �IPARTMENT RECRFAFIONAI) PARKS �.1. 850 Morro Bay Bj",' t(A)1h ri =iiyW"'' ��unuirvu tcc4uc,)I_u u1. IRST AMERICAN TITLE INSURANCE COMPANY Titla or'.TrulIst No. 2094 Escrow or Sc0 n8�80. 930 SM WHEN RECORDED MAIL TO: M ND MRS..BRUCE LEWIS 37 QUESTRIAN WAY ARROYO GRANDE, CA 93420 MAIL TAX STATEMENTS TO: SAME AS ABOVE Doc No: 1993-000713 Rec No: 851 Official Records ;RF 8.00 San Luis Obispo Co. FRANCIS M. COONEY Recorder Jan 7, 1993 Time: 08:00 @@ [ 21 ;TOTAL 8.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary Transfer Tax XX Grantee was the foreclosing beneficiary; consideration $ 119.737._85 unpaid debt $ 119 737.85 non exempt amount $ -0- Computed on the consideration or value of property conveyed- - Computed on the consideration or value less liens or encumbrances remaining at time of sale. rFIRST AMERICAN TITLE INSURANCE COMPANY of Defiant or Agent AP # V4U- TRUSTEE'S DEED UPON SALE FIRST AMERICAN TITLE INSURANCE COMPANY, a Corporation, (herein called Trustee) does hereby rant and convey, but without covenant or warranty, express or implied, to BRUCE LEWIS AND KATHY LEWIS, HUSBAND AND WIFE' PLED FEE PAID EXEMPT UT OSTATF (he called Grantee) the real property in the CITY OF MORRO BAY C# of SAN LUIS OBISPO , State of California, described as follows: A LEASEHOLD INTEREST IN AND TO THE FOLLOWING DESCRIBED PROPERTY Lease Site No. 8 of'Parcel Map No. MB-68-30 in the City of Morro Bay, County of San Luis Obispo, State of California, recorded October 10, 1968 in Book 3, Page 10 of parcel Maps, in the office of the County Recorder of said County. EXCEPTING therefrom all deposits of minerals including oil and gas in said land and to the State of California, or persons authorized by the State of California, the right to prospect for, mine and remove such deposits from said land. This conveyance is made pursuant to the authority and powers vested in said Trustee, as Trustee, or Successor Trustee, or Substituted Trustee, under that certain Deed of Trust executed by OASI , a California corporation as Trustor, recorded OCTOBER 31, 1990 , as Document No. 75748 , in Book 3603 , page 225 , of Official Records in the Office of the Recorder of SAN LUIS OBISPO County, California; and pursuant to the Notice of Default recorded ,TUNE 24, 1992 , as Document No. 42374 in Book 3909 , page 673 of Official Records of said County, Trustee having complied with all applicable statutory requirements of the State of California and performed all duties required by said Deed of Trust, including, among other things, as applicable, the mailing of copies of notices or the publication of a copy of the notice of default or the personal delivery of the copy of the notice of default or the posting of copies of the notice of sale or the publication of a copy thereof. he time and place fixed in the Notice of Trustee's Sale, said Trustee did sell said property above described at public auction on EMBER 24, 1992 to said Grantee, being the highest bidder therefor, for $ 119,737.85 cash, lawful money of the United States, in full satisfaction of the indebtedness then secured by said Deed of Trust. Dated: DECEMBER 31, 1992 FIRSTAMER111 NTIT INS RANCE COMPANY, STATE OFCALIFORNIA I _,]IS ORTSP[1 Imo' as Trustee / COUNTY OF CAANN On DECEMBER 31, 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared LARRY L. MEEK By LA RY L. MEVICE PRESIDENT personally known to me to be the person who executed the within instru- UR M raUSA?•1 URRAY � r�ta Assistant Secretary, on behalf of First American Title Insurance t.y t tF �^ , LtD r1,M. 9725- r%a { , `a NaL3 , , - c- 11,ifc;mIa Company, the corporation therein named, and acknowledged to me that p„+ �i r2.-� SznLulsObspoCounty such corporation executed tht within Instrument as Trustee. E if 1g9ri 9 tlyComm. rm.Se..2, WITNESS my hand and offfiicciallsseal, ..� //�/yJ� J., �, //�� �� �� Signature /Y-��—' a rr �' t�"� L SAN HURRAY (This a," for otna.l notarial sell MAIL TAX STA EMENTS AS DIRECTED ABOVE 2076pi821 vD'L 4020PArre20 • RESOLUTION NO. 08-93 RESOLUTION SETTING WATER AND SEWER AVAILABILITY CHARGES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Ordinance No. 155 establishes water and sewer availability charges; and WHEREAS, Ordinance No. 155 requires that the City Council establish rates for said charges; and WHEREAS, by Resolution No. 74-77 such rates were originally set and have been revised by the City Council to reflect the true cost of buying into the municipal system; and WHEREAS, the City Council at its meeting of January 11, 1993 reaffirmed the methodology establishing the availability charges and justified the charges set in the report; and WHEREAS, the City Council desires to limit the application of the availability charges to only new construction, or additions/expansions utilizing a greater portion of the system; and •WHEREAS, the City Council further desires on a temporary basis to assist construction during these slow economic times through a reduction in the water availability charge from the justifiable charge by $2315.00. NOW, THEREFORE BE IT RESOLVED that the City Council of Morro Bay does hereby rescind Resolution No. 18-90 availability charges and does hereby set the rates fo sewer availability charges, respectively, as follows: A. Charge per Water Equivalency Water Availability Charge $355.00 Sewer Availability Charge $2200.00 B. Charges are to be applied as follows: 1. New construction; or of the City related to r water and 2. Expansion of existing use of the system as defined by a 30% or greater expansion is structure size or well usage; or 3. Expansion of existing use of the system as defined by the need to enlarge existing water meter or sewer lateral respectively. 0 RESOLUTION NO. 08-93 PAGE 2 • C. Exceptions • 0 1. New construction, not falling under B.2 or B.3, where availability charges have been previously paid for that property; or 2. Enlargement of water meter size to accommodate high pressure, low flow toilet facilities requiring a minimum size meter. Introduced at the regular meeting of the City Bay held on the 8th day of February by motion Mullen and seconded by Councilmember _ Council of Morro of Councilmember Luna PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council at a regular meeting held on this 8th day of February, 1993, by the following vote: AYES: Crotzer, Luna, Mullen, and Yates NOES: Unger ABSENT: None ABSTAIN: None ATTEST: J (� BRIDGETr DAVIS, Deputy City Clerk JGC/LC:JON92-1:RESO WILLIAM YATES, M o RESOLUTION NO. 07-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL OF PLANNING COMMISSIONS CONDITIONAL APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION TO AN EXISTING NON -CONFORMING RESIDENCE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. 26-92 WHEREAS, The Planning Commission of the City of Morro Bay, did on the 21st day of December, 1992 hold a duly noticed PUBLIC HEARING to consider the request of Floyd and Jean Hustead for a Conditional Use Permit to allow 1157 sq.ft. expansion to an existing 1009 square foot non -conforming (building separation and parking) residence, located at 926 Anchor more specifically described as: APN: 66-161-031 LOT 24; BLOCK 8; MORRO HEIGHTS TRACT CITY OF MORRO BAY COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA WHEREAS, the Environmental Coordinator determined that the project to be exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and •WHEREAS, at said PUBLIC HEARING, following the review of the staff report and testimony of all members of the public wishing to speak, the Planning Commission did approve the Conditional Use Permit; and WHEREAS, an appeal was filed within the legal time period appealing the Planning Commissions' action; and WHEREAS, the City Council of the City of Morro Bay on the 25th day of January, 1993, did hold a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, at said PUBLIC HEARING, the City Council did consider a potential future modification to the City's parking requirement allowing tandem parking arrangements for single family residences; and WHEREAS, the potential future modification to the parking requirement allowing tandem parking could pertain to the appellants desire to maintain the existing garage and rear yard open space area; 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 denying the appeal and upholding the Planning Commission's 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 City Council Resolution 07-93 Page Two • 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 3. The project will not be injurious or detrimental to the general welfare of the city; and 4. The project as conditioned, is in conformance with the Morro Bay General Plan and certified Local Coastal Program (LCP) and Zoning Ordinance; and 5. The enlargement, expansion, or alteration is in conformance with Title 17; and 6. The project satisfies all other provisions of the Nonconforming Uses and Structures section, as applicable; and 7. The project meets applicable Title 14 (Building code) requirements for a conforming use; and 8. The project is suitable for conforming uses and will not impair the character of the zone in which it exists; and 9. The granting of the conditional use permit is subject to conditions that will assure the parking requirements of the Nonconforming Title (Section 17.56.170 D) will be provided. • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby deny the appeal and uphold the Planning Commission's action with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of January, 1993, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger and Yates NOES: None ABSENT: None BRIDGE DAVIS, City Clerk n U CONDITIONS OF APPROVAL CASE NO. CUP 26-92 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 implemented not later than one 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 additional year may be granted by the Community development Director, upon findings 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 Subdivision Review Board. • 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 1 • Conditions Of Approval Case No. CUP 26-92 by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. 7. Acceptance of Conditions: Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community development written acceptance of the conditions stated herein. B. BUILDING & SITE CONDITIONS 1. Building Height. The height of the residence shall be limited to the standard 25 feet. 2. Water Saving Devices: Water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building official. 3. Archaeology: 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 in the immediate area, and the find should be left untouched • until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. 4. Water Equivalencies: a. Prior to issuance of a Building Permit, 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. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 0 5. Compliance with City Codes: Prior to issuance of the building permit, the parking requirements and standards of the City shall be provided in compliance with Section 17.56, Nonconforming Uses and Structures. 6. Grading_ Provisions: No clearing shall occur during the rainy season, November 1 through March 30th. Any grading which extends into the rainy season 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. 7. Building Separation: The proposed addition(s) shall observe the 6'-0" required building separation between the residence and garage or carport. 8. Time Limit Second Covered Parking Space• The second covered parking space shall be constructed within five years of this approval. Prior to issuance of a building permit, a bond or other security in an amount and form found acceptable to the City shall be posted to guarantee the construction of one additional parking • space, designed to current City standards, on the subject property. The construciton of said space shall be completed by December 21, 1997. • C. 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. 1 \0 5 ut A 2 y I n r o ce 0 z to x N lr ;Ifa A N b.: � V N O.LL O �O W T _ W ry W � W O O _N OI J G O m b � ro F9 IO ro N - lJ k9C _ b A, O _ G O m O I o a' OW L O 6 W L W N O N y .�O W -- I � 00 '�O�m IOO Oro \ O O N CID) O l; p ` A C � ,rOb moC? m O N m i V G a W v W e: ec N v � W O' ,:I00�N � Aoa 100 1'. • S .YA w CASE NO. EXHIBIT • G m N -i rn ■ 11 11 F, FL Ell l t m 0 NUTH EUVATION r 0 RESOLUTION NO. 06-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING ALL OF THE APPEALS OF THE PLANNING COMMISSION ACTION, EXCEPT THE APPLICANT'S APPEAL, APPROVING A NEGATIVE DECLARATION AND A CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT (INCLUDING MODIFICATION) AND TENTATIVE MAP TO ALLOW THE PHASED DEMOLITION OF AN EXISTING SHOPPING CENTER AND CONSTRUCTION OF A NEW SHOPPING CENTER T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. CUP 12-92/CDP 27-92/TM 03-92 (& MODIFICATION) WHEREAS, on the 21st day of December, 1992 the Planning Commission of the City of Morro Bay held a duly noticed PUBLIC HEARING to consider the request of The Halferty Company for a Conditional Use Permit, Coastal Development Permit and Tentative Map to allow the phased demolition of an existing approximately 35,000 sq.ft. shopping center and the construction of a new 104,000 sq.ft. shopping center to be located on property bounded by Quintana Road, Kennedy Way, and Piney Way ( 700 Quintana Road) more specifically described as: APN: 66-281-022, 023, 060 • PTN OF LOTS 10 & 11; TRACT 353 CITY OF MORRO BAY COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA WHEREAS, the Environmental Coordinator prepared, distributed for review, and filed a Negative Declaration for purposes of the California Environmental Quality Act, and the Planning Commission did on the 21st day of December, 1992 approve the Negative Declaration for the project; and WHEREAS, at said PUBLIC HEARING, following the review of the staff report and testimony of all members of the public wishing to speak the Planning Commission did approve the Negative Declaration, Conditional Use Permit, Coastal Development Permit and Tentative Map with Conditions; and WHEREAS, The Halferty Co., The Vons Co., Dale Reddell, Dolly Donuts (Tina Tuiing), Emil Salesny, Donna & Harold VanNay, Terrance Cook and Michael Humerian filed appeals within the legal time period appealing the Planning Commission's action; and WHEREAS, The City Council of the City of Morro Bay on the day 25th day of January, 1993, did hold a duly noticed PUBLIC HEARING to consider the appeals; and •City Council Resolution 06-93 Page Two 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 deny the all of the appeals except the applicant's appeal and uphold the Planning Commission's action: 1. Analysis and report of traffic engineer Heath, as analyzed and confirmed by the City Engineer, is the credible expert testimony on the issue of traffic impacts as a result of the development and, therefore, Council chooses to rely upon the Heath report; and 2. There is no substantial evidence offered by any appellant which shows there may be significant impacts as a result of the development which have not been mitigated through the negative declaration process; and 3. The project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; and • 4. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 5. The project will not be injurious or detrimental to the general welfare of the City; and 6. The project as conditioned, is in conformance with the Morro Bay General Plan and certified Local Coastal Program (LCP) and Zoning Ordinance; and 7. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or significant impacts; and 8. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision; and 9. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 1300 et.seq.; and •City Council Resolution 06-93 Page Three 10. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, lake or reservoir; and 11. The City has available adequate water to serve the proposed subdivision based upon the water regulations and water equivalency table Exhibit A, enforced at the time of the approval of the Tentative Tract Map pursuant to General Plan Program LU 22.1; and 12. The architectural treatment and general appearance of all buildings and open areas are in keeping with the character of the surrounding area pursuant to Section 17.48.210. Conditions ensure that the project will be compatible with a small fishing village character; and 13. The requirements of the Brown Act have been met. City Council Resolution 06-93 Page Three • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby deny all of the appeals, except the applicant's appeal, and uphold the Planning Commission's action in approving the Negative Declaration and the Conditional Use Permit, Coastal Development Permit and Tentative Map with conditions. 3. That the Council does hereby determine that the applicant shall pay the following improvements and payt the following fees pursuant to Condition D-3: a. The applicant shall improve the extension of Piney Way to Kennedy Way and the driveway through the Fire Station property at his expense. He shall be reimbursed for up to 41% of the road improvements if and when the City receives any fees from other development toward the construction of the road extension. b. The applicant shall pay a fee of $1.00 for the easement through the Fire station property. He shall be responsible . for building a new fire storage building pursuant to Condition E-3. •City Council Resolution 06-93 Page Four c. The applicant shall pay a fee of $35,000 toward the future improvement of the Morro Bay Blvd./ Quintana Rd/ Highway 1 intersection improvements. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of January, 1993 by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger and Yates NOES: None ABSENT: None Q BRIDGET DAVIS, City Clerk c • CONDITIONS OF APPROVAL CASE NO. CUP 12-92/CDP 27-92/TM�03-92 A. GENERAL STANDARD CONDITIONS: Exhibits: This request for a Conditional Use Permit, Coastal Development Permit and Tentative Vesting Map 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 construction or operation of the structure or facility is commenced and the Parcel Map approved not later than two 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 additional year may be granted by the Planning Commission, upon findings 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 Subdivision Review Board. 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. CUP 12-92/CDP 27-92/TM 03-92 • 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. BUILDING & SITE CONDITIONS 1. Colors and Materials: Prior to issuance of a zone clearance, the Director of Community Development shall ensure compliance of all exterior colors and materials, including fencing materials as approved on Exhibit(s) on file. All other colors and materials not so specifically approved may be approved by the Director according to the following objectives: achieve compatibility with colors and materials used in the on -site improvements; achieve compatibility with the architectural design of the improvements; achieve compatibility with surrounding land uses and properties; preserve the character and integrity of the zone. 2. Water Saving Devices: Water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. 3. Underarounding of Utilities: All on -site utilities including electrical, telephone and cable television shall be installed underground. • 4. Screening of Equipment: All new and existing roof -mounted air conditioning, or heating equipment, vents or ducts shall be screened from view in a manner approved by the Director of Community Development. 5. Screening of Trash Storage: All trash enclosures including trash compactors shall be functionally located aesthetic extensions of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate enclosures in a manner which will not interfere with the reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. 6. Exterior Lighting: The exterior lighting system shall 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. No lights shall be permitted to be oriented toward residences on adjoining properties. 7. Signage: The total signing program shall conform to Chapter 17.68. • A sign permit is required prior to the issuance of a building permit for occupancy. 2 Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 • a. Freestanding pole sign shall be located in wide planter area on curve of Quintana Road. The pole sign shall not exceed 100 sq. ft. in area (on -site) or 25 feet in height. b. Monument Sign shall be provided at Piney Way entrance. Sign shall not exceed 8 feet in height and 40 square feet of signage. Sign shall e setback 5 feet from R.O.W. C. To provide visual interest, provide signage on rear corner of Major B building. 8. Archaeology: 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 in the immediate area, and the find should be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. During site grading, an archaeologist shall monitor the removal of soil pursuant to the requirements contained in the archaeological study prepared by Mr. Parker. • 9. Water Equivalencies: a. Prior to issuance of a Building Permit, 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 4 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. 10. Design Review: Prior to submittal for building permits, the architectural consultant shall prepare architectural elevations of the four sides all the building and submit those elevations to the Community Development Director for presentation, review and approval of the Planning Commission and incorporating the following elements: a. Roofs on the front three buildings shall be generally sloping with no more than 75% of the roof flat. b. Building roof and wall planes of shops A, B, C, D and the • proposed restaurant shall be broken up to add visual interest and reduce monotony. 3 C� Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 • C. The rear corner of the proposed market shall include special architectural treatment to reflect its importance as one of the primary entrances to the shopping center site. d. Space shall be provided for vending machines, including newspaper racks. Said machines shall not block exterior walkways. e. Alternative designs to be reviewed by Planning Commission prior to building permit issuance shall be provided which decrease the extension above 30 feet and include a decorative marine theme element for all buildings. 11. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 12. Bike Facilities: Bike racks shall be provided in convenient locations near the main entrances to the buildings. Initially, bike racks for 50 bicycles shall be provided on the site. During the first two years of operation, the bike parking needs of the site shall be monitored by the Community Development Department. If additional spaces are deemed necessary, up to 38 more spaces may be required to be added to the shopping center. Bonds or other • security shall be required. 13. Transit: Loading area, covered ceiling and pay telephones for Dial -a-Ride or bus shall be provided in front of anchor stores. 14. Air Quality and Energy Saving measures: a. Prior to issuance of a Building Permit, the applicant shall prepare a trip reduction plan to be approved by the Air Pollution Control District and the Director. Said plan shall reduce vehicular trips to the shopping center to off -set the projected added air quality impacts and energy consumption of the proposed restaurant drive-thru window. b. Demolition of Existing Structures: Prior to issuance of demolition permits for existing facilities, the applicant must demonstrate exemption of compliance with the Asbestos Notification Requirements of Part 61 of Part 40 of the Code of Federal Regulations. AB 2791 requires that asbestos notification or a declaration if project exemption, must be submitted to the APCD before the issuance of a demolition permit. Additional information regarding these requirements may be obtained from Karen Brooks, APCD Enforcement Engineer. 15. Pedestrian Access: A pedestrian circulation system shall be • provided, consistent with Attachment A, Recommended Walkway System. Said system shall include the following: 4 Conditions of Approval Case No. CUP 12-92/CDP 27-92/7M 03-92 • a. Special paving treatment shall be provided to delineate pedestrian corridor. Said corridor whall be constructed in accordance with Attachment A, as approved by the Planning Commission. b. Pedestrian crossings of driveways and streets shall be clearly identified. C. Sight distances at the pedestrian crossing at the north corner of the proposed market shall be improved. d. Internal pedestrian access shall be provided to the existing bank. e. Interior walkways shall have a minimum six foot effective width. f. The seating area located at the rear southwest corner of Shop A shall be covered with a ceiling. Said ceiling design shall be approved by the Director prior to issuance of a building permit. 16. Property Owners Association: Prior to recordation of the Parcel Map, a property owners association shall be formed. Said association shall include CC&Rs which govern continued access . between parcels and the joint maintenance of all landscape areas and parking areas. Said provisions shall be approved by -,the City Attorney and the Director and may not be modified without the consent of the City. 17. Parking Stalls Dimensions: Parking stall dimensions shall be a minimum of 9' x 18, for standard stalls and 8-1/2' x 16' for compact stalls. 18. Driveways: The driveway exist design for the proposed fast food restaurant shall be reviewed and approved by the City Engineer. The driveway off Piney Way shall be reduced to 30 feet pursuant to Section 17.44.030, unless otherwise approved by Director in accordance with Section 17.44.050. 19. Building Height: Building heights shall not exceed 30 feet in height. Extensions of height may be permitted for towers and the two building entrance features for the market and the drug store, pursuant to Conditon B-10. 20. Parking Space Conflict: The applicant shall eliminate last space of north row of parking (near north corner of major "B" at the intersection of driveway to Piney Way and driveway in front of major stores). Said space shall be landscaped and the curbs shall be designed in a revers "S" pattern to direct traffic flow to Piney Way entrance driveway. • 5 M A Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 . 21. Decorative Trash Containers• throughout the center for the minimum of three such containers fast food restaurant. Trash containers shall be located convenient use of pedestrians. A shall be located near the proposed 22. Truck Delivery Hours• Truck deliveries to the shopping center shall not occur between 10:00 p.m. and 6:00 a.m. In addition, there shall be no idling of delivery trucks during those same hours. Said provisions shall be included in the CC&Rs. 23. Parking Spaces/In Lieu Fees• The applicant shall either reduce building area, increase on -site or off -site parking or pay in lieu parking fees for four (4) parking spaces if the option for the existing building is utilized C. LANDSCAPING CONDITIONS 1. Landscape and Irrigation Plan: Prior to the issuance of a Building Permit, a landscaping plan shall be submitted to include details of the number, size, location and type of species for all plant materials. In addition, the landscaping plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be • approved by the Director. 2. Landscaping Protection: All landscaping and planting within paved areas shall be contained within raised planters surrounded by six (6) inch concrete curbs. 3. Protection of Existing Trees: The developer shall protect and preserve existing trees on project site to the extent practicable. The developer shall prepare a plan approved by the Director for protection of trees on adjacent properties which may be affected by grading or construction. The developer shall consult with the Community Development Director to achieve the following goals: eliminate crowding; eliminate dead, dying or diseased trees; protect root structures from grading; top trees for the safety of persons and property and the continued health of the remaining trees; provide sufficient irrigation, pruning, fertilization, weed control, pest and animal control and disease control to insure continued health. The loss or removal of the healthy existing trees is described as constituting an irreversible loss of a valuable resource or other environmental value shall be replaced by the developer as a mitigation measure with new tree(s) to be approved by the Community Development Director. Existing red flowering eucalyptus trees, when located adjacent to walkways and parking areas, shall be replaced with another type of • tree which is more appropriate for use near walkways. (See Attachment C-2) 2 C Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 • The New Zealand Christmas tree and the adjacent tree shall be maintained within the new landscape area separating the driveway and the church parking lot. 4. Timing of Landscaping: All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of Occupancy. During drought period, all new landscaping shall be postponed. Bonding may be required. 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. 6. Landscape Buffers: Landscape buffers of a minimum of 10 feet in width with shrubs and trees of minimum six feet in height at maturity shall be provided between the shopping center site and the adjacent residences, mobile homes and fire station. Landscape buffers between parking areas and the street right-of-way should be a minimum of 5 feet in width and shall include a combination of planting, berms and/or walls at 3 feet in height per code Section 17.44.020. The landscape buffer between the shopping center and Isthe church property shall vary in width as shown on the exhibits and shall have a minimum width of 4 feet. Provide a minimum of one tree per each 40' (ay.g) along church boundaries and medium shrubs of 61± between trees. Tall screen shall be planted along rear of Shop "C". • 7. Perimeter Walls: The rear wall behind the drug store and market shall be 8 feet in height as indicated on the plans. Based upon the request of the mobile home park owner, the six foot tall wall separating the shopping center from the mobile home park may be permitted to be deleted provided that a dense hedge of minimum ultimate height of 6 feet is substituted for the wall. A 3 foot tall decorative block wall shall be provided between the shopping center and the south property line of the adjacent church. Said wall shall be 6 feet in height at the rear of shops A and B except near the driveway entrance where said wall shall be reduced to 3 feet in height. 8. Added Landscape Island: A minimum 6 foot landscape area shall be provided at the rear corner of the market building approximately as indicated on Attachment B, Recommended Rear Driveway Alignment. 7 C �y. Conditions of Approval Case No. CUP 12-921CDP 27-92/TM 03-92 • 9. Street Trees, The applicant shall provide street trees at a minimum of an average of 50' on center.' (Approximately 14 on Quintana Road and 4 on Kennedy Way.) Said trees may be permitted to be grouped on -site where conflicts such as driveway entrances occur. Said trees to be approved by the City Engineer and Director. 10. Interior Trees: The applicant shall provide the trees indicated on the preliminary landscape plan in the interior parking lot area. 11. Benches: In addition to bus benches, seating areas shall be provided within the center. 12. Landscaping Aloncr Piney WaV Extension: In addition to street trees on the south west side of said new street, the applicant shall replace the existing retaining wall and plant new trees at the corner of the church parking lot. D. PUBLIC WORKS CONDITIONS 1. Vesting Tentative MapThe Vesting Tentative Map shall conform to the requirements of Morro Bay Municipal Code Chapter 16.10 - Vesting Tentative Maps. Prior to the issuance of a building permit, the developer shall pay a Public Works Map check fee per the City's Master Fee Schedule. • All easements and abandonments shall be submitted and approved by the City Engineer prior to recordation of said Parcel Map, including all documentation necessary for the lot line adjustment adjacent to the property of the Catholic Church. 2. Frontage Improvements In accordance with the requirements of Morro Bay Municipal Code, Chapter 14.44, prior to the issuance of a certificate of occupancy for the proposed project, the Developer shall construct concrete frontage improvements (curb, gutter, drive approaches, sidewalk, street trees, etc.) along any project frontage where such do not presently exist or do not presently conform to the requirements of the City Standard Drawings and Specifications, including repairs and deficiencies. The Developer shall install a handicap ramp at the southeast corner of Quintana Road and Kennedy Way. All said improvements and repairs shall be designed and constructed in accordance with the City Standard Drawings and Specifications and MBMC Chapter 14.44. Prior to the issuance of a building permit, the Developer shall submit engineering drawings for the design and construction of the required improvements, an engineering cost estimate for said improvements, and a financial security in the amount of 150% of said approved estimated cost to guarantee completion of said improvements. Prior to the issuance of a building permit and prior to commencing any construction in • the public right-of-way, the Developer shall obtain an Encroachment Permit from the Dept. of Public Works for this work. Developer W C Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 shall remit to the City a fee in the amount of 3$ of the approved • estimated cost of said improvements as an inspection fee. 3. Traffic Circulation. The Developer shall construct or contribute to those mitigations addressed in the Cypress Plaza Traffic Study Update (9/23/92) by WPH & Associates which has analyzed the increased traffic impacts generated by the proposed project. Improvement plans for any and all necessary mitigation measures shall be submitted and approved pursuant to Section 2, above. a. In accordance with City policy established in the Circulation Element of the General Plan (Policy C-13), Program C-13.1; Table 3, p. III-64; and p. III-A-10), prior to the issuance of a certificate of occupancy for the proposed project the Developer shall obtain right-of-way, design and construct improvements to connect Piney Way to Kennedy Way/Dunes St and provide access into the rear of the project. Said design/construction shall include, but not be limited to, two-way traffic travelled way, curb and gutter, six foot sidewalk on the southerly/westerly frontage, driveway approaches for Cypress Plaza and Saint Timothy's Catholic Church and appurtenant facilities. Configuration, alignment and grades shall be as approved by the City Engineer. Pedestrian crossways from the shopping center to the sidewalk • on the west side of Piney Way and to the Library parking lot shall be clearly identified. All costs for design and construction of the extension of Piney Way shall be initially borne by the Developer. Developer's pro-rata share of final costs shall be as quantified in said traffic study. Any remaining pro-rata costs shall be repaid to Developer based upon a payback formula approved by the City. b. Additional Bikeway Dedications: In addition to the dedication of bikeways on Piney Way, the applicant shall add bikelanes to Quintana Road and Kennedy Way. If restripping to provide addiitonal bikelanes is not feasible, the applicant shall pay a fee towards construction of separate bike paths. d. Prior to the issuance of a building permit the Developer shall pay to the City impact fees toward the construction of traffic signals at the intersection of Quintana Rd/Morro Bay Blvd. Said fees shall be proportionate to the percentage increase in peak traffic flows at this location generated by the proposed project as determined by the City Engineer based on information contained in the traffic study report. Said report recommends installation of traffic signals. Pending review of the projected traffic impacts contained in . the Traffic Study and prior to issuance of a building permit, Developer shall submit design for said improvements for City W Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 Engineer review. If requested by the City Engineer, said improvements shall be constructed including appurtenances and transitions as required at no cost to the City. Reimbursement of dedicated funds currently held by the City for said improvements shall be paid to the developer upon acceptance of the improvements. Additional projects conditioned to perform similar work at this location shall be required to pay their proportional share of improvement costs, with said share(s) reimbursed to Developer. If said improvements are constructed, or being constructed, by others prior to the issuance of this building permit, Developer shall contribute Project's pro-rata share of the signalization costs for dispersal to said other party. The Report also addresses the Piney/Harbor intersection. A stop sign and required street markings shall be installed by Developer. All said improvements shall be designed and constructed in accordance with the City Standard Drawings and Specifications and applicable engineering standards. Prior to the issuance of a building permit, the Developer shall submit engineering drawings for the design and construction of the required improvements, an engineering cost estimate for said improvements, and a financial security in the amount of 150% • of said estimated cost to guarantee completion of said improvements. Prior to the issuance of a building Permit and prior to commencing any construction in the public right-of- way, the Developer shall obtain an Encroachment Permit from the Dept. of Public Works for this work. 4. Storm Drain System. a. Prior to the issuance of a building permit the applicant shall submit a grading and drainage plan and engineering calculations demonstrating the proposed on -site drainage facilities will be capable of disposing of runoff generated by a 25-year storm. Prior to issuance of a certificate of occupancy the on -site drainage system for the entire development site shall be connected to the City's municipal drainage system in accordance with the requirements of the City's Storm Drain Master Plan and the City Standard Drawings and Specifications. b. The project proposes retaining drainage in excess of the existing conditions (no increase in runoff). Should this design be unacceptable or infeasible, the developer shall provide repairs/improvements to Willow Camp Creek tothe satisfaction of the City Engineer. This repair shall be in lieu of payment of storm drainage impact fees. Repairs shall be completed and approved prior to issuance of a certificate • of occupancy. Prior to issuance of a certificate of occupancy the Developer shall construct all necessary on -site and off- 10 C Conditions of Approval Case No. CUP 12-92/CDP 27-92/TM 03-92 • site improvements required to transmit drainage from the project site to the municipal drainage system as approved by the Public Works Department. Those improvements which serve only the project site shall remain under private ownership and maintenance and those portions of facilities accepting drainage from other public or private properties shall become public facilities and under City maintenance. All said improvements shall be designed and constructed in accordance with the City Standard Drawings and Specifications, the Storm Drain Master Plan, and applicable engineering standards. Prior to the issuance of a building permit, the Developer shall submit engineering drawings for the design and construction of the required improvements, an engineering cost estimate for said improvements, and a financial security in the amount of 150% of said estimated cost to guarantee completion of said improvements. Prior to the issuance of a building permit and prior to commencing any construction in the public right-of-way, the Developer shall obtain an Encroachment Permit from the Dept of Public Works for this work. 5. Water and Sewer Svstems. • a. Prior to the issuance of a building permit, the Developer shall provide documentation of a recorded easement,, for the existing water and sewer mains crossing the property. In the event no recorded easements exists or is insufficiently wide to provide for easy access for maintenance equipment Developer shall dedicate to City a 20-foot wide easement. The Developer shall not construct any structural improvements or plant any trees within said easements. Any easements shall relieve the City of any responsibility whatsoever for the re-establishment of surface improvements resultant of repair, inspection or maintenance of said City utilities. • b. The Developer shall construct a looped water system and fire hydrants through the project site to provide adequate fire flow as determined by the Fire Department. The Developer shall construct all on -site and off -site improvements necessary to connect this system with the municipal water system at no cost to the City. The Public Works Department will determine the required points of connection to the municipal system based on a hydraulic analysis of the existing system. 11 Conditions of Approval • CUP 12-92/CDP 27-92/TM 03 c. The Developer shall submit studies to determine the increased demand on the municipal sewer system which would result fro *mthe proposed project. Prior to the issuance of a building permit, the Developer shall pay to the City an impact fee toward the construction of municipal sewer improvements as determined by the Public Works Department in accordance with the Sewer System Master Plan. d. Any relocation of existing water and/or sewer mains shall be subject to the approval of the City Engineer and shall further be within easements dedicated by the Developer, accepted by the City and duly recorded. 6. Public Transit Facilities: Developer shall provide a public transit waiting facility (i.e., benches in covered area) in the Payless/Albertsons area. The facility may be incorporated into an area immediately adjacent to the building and use roof overhang for covering as approved by the City Engineer. 7. Recycling Facilities: Developer shall provide sufficient area for future recylcing facilities in an area and configuration • approved by the Public Works Department. • S. Non -Protest Agreement: The applicant shall enter into a binding agreement with the city to not protest the inclusion in any future improvement assessment district which includes the property that may be formed for the purpose of constructing public improvements benefitting the property. 9. Turn Lanes: The applicant shall provide turn lanes on Quintana Road and Kennedy Way subject to the review and approval of the City Engineer. 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. 3. Clearing of Brush: All grass or brush adjacent to any structures on the project site shall be cleared prior to framing. 12 Conditions of Approval • CUP 12-92/CDP 27-92/TM 03 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. 6. Fire Sprinklers: The applicant shall provide Fire Sprinklers to National Fire Protection Agency Standards (NFPA for all buildings over 5000 square feet. 7. Turning Radius: The applicant shall provide a minimum turning radius, in all turns, for a 17 foot wheel base and an overall vehicle length of 3311011 to accommodate the Fire Department Ladder Truck. 8. Driveway Access: The applicant shall provide emergency vehicle access to Piney Way from the Shopping Center as approved by Planning and the Fire Departments. The existing fire station • parking lot shall be restriped to conform to code. 9. Sound Barrier: The applicant shall provide a sound barrier wall as approved by the Planning and Fire Departments between the Shopping Center and the Fire Station. • 10. Replacement of Storage Building: The existing storage building located in the proposed driveway easement shall be rebuilt on the Fire Station property in the location to be approved by the Fire Chief and the Director of Planning. Said building shall be pre - coated metal colored to match the fire station building and shall be appropriately 30' x 501. 13 TfIE RUSSELL H. KING Vice President— Yladcetine/Devctopmcnr November 19, 1992 HALFERTY COMPANY VIA OVERNIGHT MAIL Mr. Donald J. Funk City Planner CITY OF MORRO BAY 595 Harbor Street Morro Bay, CA 93442-1900 RE: CYPRESS PLAZA SHOPPING CENTER MORRO BAY, CALIFORNIA Dear Don: Please find enclosed the architectural drawings indicating the modification to the plans previously submitted. We are requesting that the Planning Commission approve both the modification and the original site plan. The modification only affects Building "C" and involves leaving the existing True -Value Hardware store in place since that tenant does not wish to relocate within the new shopping center. At a later date, when that tenant is no longer in possession of that building, the developer may choose to demolish the building and construct Building "C" as indicated on our original submittal. We are requesting approval of both the modification and the original plan so that a future Planning Commission approval will not be required when we choose to demolish the existing building and build the new Building "C". Drawings relating to the modification from the engineer will be delivered separately from North Coast Engineering. 200 South Los Robles Ave. / Suite 200 / Pasadena, CA 91101.2431 / 818/405.0956 / FAX 818/405.0632 Donald J. Funk Page 2 November 19, 1992 •'idw^'.uYu:d.3x'E�"'A§Y3i�F�kT'd.''c3u3zYxYS'%i'i31'a'iS'13?13:E3z3:b3z3�;:A�.'2dS.SF.iYo3i?h'6Tih'£�EN:bFAE2ktiii�idYS�u'ii..S'IS'L43u;'�+"kk3:E;s:ESt3kEt5e:��2'ISe�"Ri+�`3:£Y 3;i3: Should you have any questions regarding the drawings or our request, please feel free to give me a call. Sincerely, THE HALFERTY COMPANY Russell H. King 1 Vice President, Marketing/Development RHK/dg Enclosure cc: James L. Halferty Bill Parrish, MCG Architects Ron McAlpin, North Coast Engineering • IA155 111 ® r• r� Q rj o M 1 '- nu+gl �n�aa� 'XX'XXX+ .3.� 000 jco Isbj I v54 QD Q 0 QJ Z�vo N ry a QUo �uioOv J N OQ�m P } J w O W 2 V N LJ �NQO wU:m QOZ S�p,o a�0 N �0u SONS U W Z O _ a U 0 � ► 0 w«:y aim& )§/y \ . (�§� 5 2 @6»Y m [1 0 �� � � \i/- » /! 9 §/ §s// \ \( . . j i\ \)_ !!I j XLO ! ) (jK © /). ( \ ;En . � \\§� _. o D z o a 0 0 LLxJ[ Z �O u OW UO VW .�,0 3 Di J w w IL I Ll i Z - — 0 U Z w N J � w O \ w �U Z 7 Oce XO aw 60a O . �OZ+ I • MCG McClel Ian/Cruz/Gaylord Architecture • Planning • Interiors i Sign Criteria Project: CYPRESS PLAZA Southeast corner of Quintana Rd. & Kennedy Way Morro Bay, CA MCG job No. 90232. Date: May 12, 1992 Revision: September 1, 1992 A. INTRODUCTION The intent of this Sign Criteria is to provide the guidelines necessary to achieve a visually coordinated, balanced and appealing signage environment at the above mentioned project. Performance of this Sign Criteria shall be rigorously enforced and any nonconforming signs shall be removed by the tenant or his sign contractor at their expense, upon demand by Owner. Exceptions to these standards shall be reviewed by the Owner and Architect. However, based upon our field experience, deviations will generally result in serious • inequities between tenants. Accordingly, the Owner, through the Architect, will retain full rights of review of any sign used in the center. B. GENERAL OWNER/TENANT REQUIREMENTS 1. Each tenant shall submit to the Architect for written review, five (5) copies of the detailed shop drawings of his proposed sign, (one in full color) indicating conformance with the sign criteria herein outlined, Send to: MCG Architects 200 So. Los Robles Avenue, Suite 300 Pasadena, California 91101-2483 (213) 681-8461 or (818) 793-9119 2. The tenant shall submit a sign (Shop) drawing approved by the Owner and/or reviewed by the Architect to the appropriate City authority for approval prior to the start of any sign construction or fabrication. 3. The tenant shall pay for all signs, their installation (including final connection, transformers and all other labor and materials) and maintenance. 4. The tenant shall obtain all necessary permits. 5. The tenant shall be responsible for fulfillment of all requirements of this sign criteria. - Sheet 1 of 9 0 1992 MCG ARCHITECTS job No. 90232. 6. The Owner shall provide primary electrical service terminations at the center of • the allowed signage area as follows: Individual Letter: Exterior of wall or canopy. 7. It is the responsibility of the tenant's sign company to verify all conduit and transformer locations and service prior to fabrication. 8. The location of all signs shall be per the accompanying design criteria 9. One "sign space" shall be allowed for each tenant or in -line tenant and two "sign spaces" for each major tenant (except as other -wise approved by the Owner in writing). The tenant shall verify his sign location and size with Owner prior to fabrication. When Tenants have more than one frontage, one additional sign will be allowed per the Master Sign Program design standards and/or the City of Morro Bay Sign Ordinance, or as otherwise directed in this document. 10. All shop tenants are required to have a sign band per the accompanying design criteria. 11. Address numbers shall be displayed on the front and rear sides of each tenant space. The characters shall be of a constrasting color to the immediate background, and be placed in a visible location or as otherwise directed by a city authority. Installation shall be by the tenant's sign company during regular course of construction, where applicable. 12. Special signs which vary from this sign criteria must first be approved by the • Owner and respective City authority. Tenants are required to adhere to this Master Sign Program, including colors approved by the Owner and City. If a tenant requires a deviation from the approved criteria, he may, upon approval from the Owner, request an approval from the City by a sign permit or a Sign Deviation Permit (Variance). 13. The maximum allocated sign area for the aggregate of all permanent signs (except exempt and convenience signs) shall be as noted herein. 14. NOTE! No sign shall be constructed until approved building permits from City Planning and Building and Safety Departments are received. C. GENERAL SIGN SPECIFICATIONS 1. No exposed raceway, crossovers, conduits, conductors, transformers, etc., shall be permitted. 2. All lettering shall be restricted to the "net sign area" and have a matte finish. See accompanying design criteria for specific information. 3. No projection above or below the "net sign area" will be permitted (except as otherwise approved in writing by respective City authority). 4. All signs and their installation must comply with all local building and electrical codes and bear a U.L. label placed in an inconspicuous location. Sheet 2 of 9 © 1992 MCC ARCHITECTS Job No. 90232. . 5. For purposes of store identification, tenant will be permitted to place upon each entrance to its demised premises not more than 144 square inches of gold leaf or decal application lettering not to exceed 2 inches in height, indicating hours of business, emergency telephone, etc. The number and letter type shall be subject to Architect's review. (See Door Signage Design Criteria, Page 6 ). 6. Typical Internally Illuminated, Individual Letter Sign Specifications: a. Tenant shall install his sign as indicated in the enclosed exhibits. Maximum horizontally. Letter height shall be 24" maximum, unless tenant's name can not be accommodated at the size, in which instance smaller letters may be approved. The aggregate area allowed for wal I signs shall not exceed one square foot for each one linear foot of building frontage on the site. Copy shall observe the base line shown in the exhibit. b. The face of the individual letters and logos shall be constructed of Rohm & Haas Company acrylic plastic (3/16" thick minimum) and fastened to the individual channelized metal letter via trim cap in an approved manner. All surrounds to match anodized Kawneer Permanodic black #29. (No Channelume or Channel Classic fabrication methods will be accepted). C. The "copy" (letter type), logos and their respective colors shall be submitted to the Owner and the City of Morro Bay for written approval prior to fabrication. . d. An Individual shop logo may be located anywhere within the "net sign area", provided it's height does not exceed the height of the "net sign area". (Not to exceed 10% of total sign area). No more than two rows of letters are permitted, provided their maximum total height does not exceed the height of the "net sign area" Tenants shall display only their established trade name of their basic product name, e.g. "John's Jeans", or combination thereof. g. Internal illumination to be 60 milli -amp neon installed and labeled in accordance with the "National Board of Fire Underwriters Specifications," National Electric Code (NEC) and approved testing laboratory (i.e. U.U. Signs will be limited in size proportionately to the building or development involved. The aggregate area of all signs shall not exceed one square foot of area for each lineal foot of frontage. Frontage shall be determined at the entry or that portion of the establishment that abuts on a street or parking lot. In the case of a business facing on more than one public right-of-way , the business shall be allowed the full authorized sign area on one street and one-half the authorized sign area on the other street(s). Sign area will be measured by circumscribing a rectangle around each individual letter of sign case. Sheet 3 of 9 0 1992 MCC ARCHITECTS Job No. 90232. i. Signs shall be composed of 5" minimum deep metal channel letters with • opaque faces and sides of letter can to match anodized Kawneer Permanodic black #29. All aluminum construction method only. Sign content will be limited to the identification of one of the following: (1) the business name of the user; (2) the name or names of the Owner(s) of the business; or (3) a description of the activity of the business. Signs will not generally be allowed to advertise the products sold or prepared or the individual services performed on the premises unless the products or services are an integral part of the identifying name of the business, or unless the City of Morro Bay makes a finding of exceptional circumstances. D. PROHIBITED SIGNS Signs Constituting a Traffic Hazard: No person shall install or maintain a cause to be installed or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "STOP", "LOOK", "DANGER", or any other words, phrases, symbols, or characters in such a manner to interfere with, mislead or confuse traffic. 2. Immoral or Unlawful Advertising: It shall be unlawful for any person to exhibit, post or display cause to be exhibited, posted or displayed upon any sign, anything of an obscene, indecent, or immoral nature or unlawful activity. • 3. Signs or Doors, Windows or Fire Escapes: No window signs will be permitted except as noted herein. No sign shall be installed, relocated, or maintained so as to prevent free ingress to or egress from any door. No sign of any kind shall be attached to a stand pipe except those signs as required by code or ordinance. 4. Animated, Audible or Moving Signs: Signs, consisting of any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating or otherwise animated light are prohibited. 5. Off -Premise Signs: Any signs, other than a directional sign, installed for the purpose of advertising a project, event, person or subject not related to the premises upon which said sign is located, is prohibited. 6. Vehicle Signs: Signs on or affixed to trucks, automobiles, trailers, or other vehicles which advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries of sales or merchandise or rendering of services from such vehicles, is prohibited. 7. Light Bulb Strings and Exposed Tubing: External displays, other than temporary decorative holiday lighting, which consist of unshielded light bulbs, and open, exposed neon or gaseous light tubing, are prohibited. An exception hereto may be granted by the Architect • when the display is an integral part of the design character of the activity to which it relates. Sheet 4 of 9 O 1992 MCC ARCHITECTS Job No. 90232. 11 . 8. Banners, Pennants, and Balloons Flags, banners, or pennants, or a architectural feature which is an nation of same, constituting an I part of the design character of a project may be permitted subject to Architect's review and City approval. 9. Signs in Proximity to Utility Lines: Signs which have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of California are prohibited. E. MISCELLANEOUS NOTES The provisions of this Exhibit, except as otherwise expressly provided by this Exhibit, shall not be applicable to the identification signs of Department Stores or other occupancy designated by the Landlord as a "Major" or "Special" tenant that may be located in the Shopping Center, it being understood and agreed that these occupants may have their usual signage on similar buildings operated by them in California; provided, however, there shall be no rooftop signs which are flashing, moving, or audible and provided said sign is architecturally compatible and has been reviewed by the Architect. 2. The maximum sign area for the pole sign (shown on sheet 9) shall be one hundred and twenty square feet. The maximum height for the pole sign shall be twenty-five feet. The location of the pole sign is in the landscape area along Quintana Rd. shown on sheet 7. Sheet 5 of 9 © 1992 MCc ARCHITECTS Job No. 90232. � � � 0 � j § 0 \ .0 � % \2A �!/ \ \ \ m j \ O / \}<_ r J V 4 L • 0 0 40 \ 0 w 7 ) �| � \ \ / _ ) \ � � � � A � Ln 2 ( [ �� �> JJ Zp y i yB �8 O AYM A03NN3A 'oaag 1gF z g��E O & 5 2 I w m q i I ie,BEdOHS A !� (EEEy \X 31 All �tr� ee[unetmw�i�i rr � 0 0 \ 10 ..._.�..�.. / % / \ 1 ; �- � g"�sg�9$ae`d��9 A. � k o �e 0 n � 1 ' Tm W rr Z) U_ /2 LL ryQ� LL a 0 QM W Q $ N *w e Q �O a Er co � ,gym CC ¢ a � m � c > G - 8W? V u LA �e a m N zN $ Oa o<.m -m a' Er w=zs O a �h;m > e. l B s I • HARBOR STREET - I I � 7 N 00 a 1 [Ar]© 64A40®C] PINEY WAY V2� C£IENTLCM VCLLY.IE 91G0 CU F-T- i /i P6O�fx14II0�'W"II cp I I` PPCl6©fSII 4 �, i/ i 1 i t 0O0 w�^.1 ¢csm�9ca Y I I f p® zee A .p• Pas. SO CF.S ®� \ U 11 I ITTIiI l jt'fr \(U ILhF=ti+1lIJAC 1. �_ � l —i / I t Lv ill I I i macro -'+�,OIIINTANA ROAD G LAl / - Jam' WILLOW CAMP CREEK j rig 4,• ����- 4..1. DRAINAGE AFTER DEVELOPMENT 5 dVom�CNORTN COAST ENGINEERING INC. M" GNL ENQ.U1iII • LWD WR1SNNC-PRG[ T DEW101 NT 715 24th St. Suite 0 Paso Robles, CA 93446 805 239-3127 805) 927-8651 CYPRESS PLAZA SCHEMATIC DRAINAGE PLAN rz.-- ,. sn�asreA .o. > u 11 .1. LlG u` B1: .R. BM CRECNFD BY: K NOUBEB�T' 1C ', 9IF , ROM ROM 1 91-123 NONE 1 W i a m N d 0�' (n yam CC Lu o cc a =yam � o e=fan n ►_J � 0 0 � \} \ 0 0 • 11 M CJ -p l2`((2 CD P 27-,Jz. W LW da 00 L ✓ is U, `y P N � t+ p1 O QC lino v ¢ O W Q N N � J O R O =N N � V SHN�.N • w S � H —Z • • • -$;e �as� oMll- =iaas n 02 Z V� v. �++ r Q Z Arno W Q Y ^ G Y 50 9� U �F—NGN G LASE NO. EXHIBIT ��I I � � 0 � u 0 . ( \}(\ 0 v p &-Ce2- 0 *z»9�. � w - \ \2 „ % :E \ • • (�Z 1-m a3-"12 NV N M � O Yy�N aNNV nnQ u =N a>d J xHN^ N P 0 �2 / � $ \ ` ( • I I I I f f a i I I I� Q - I� i I I a� I I � I i 1 ( ro J� US ( I I I y I j 1 I Po I I f I I I _ I _ I (^ I I I I § ^ S b iggg e a 12 2- p AC.F � ry rc gE•o ... .3. w [g[a3E44£ A3 �F v, [s�€ �55 3¢2 Jtl '1�n 3is pmY ta�� gg$$ 3 gg � sC�s �x�ii£R P9 u ii nrxat i4y4:y 4 0_ 15 c� 8� g$ S�I N I I I I I I I I I - I , i 11 !L o?�WW l F-1 //�� �� �! W g • 12 -Cr 2- 7-9 2- FOd OZV# 0000 S1031IH02iO SOW:Gl OT:ZT NOW E6,-VT-d3S • Cep ct-42_ • Coe e 27-42 � 'k- £0d OEV# 0000 S1OHlIHObH SOW:QI OT:FT NOW Z6,-CT-dHS Tenant address number.. • 1'-0" 4" 2« � boor Loor shown is typical for non -customer type door for receiving merchandise, etc. Occurs generally at rear of _ N retail center. (Verify with 23 _ lease plan exact locations for N individual tenants)_ NOTE All Lettering and v _ numerals shall be painted or JOHNS adhesive vinyl 'Optima Bold' JEANS —ffffJ type style, 2" high as shown in drawing on this sheet Typical color shall be white. - r- Typical tenant name only. - (Two lines permitted, if required): --I Tenant Door -.Rear Blow-up Sign. Detail Tenant address Number to be centered and 'Optima Bold' type style. Storefront door. Fixed glass in storefront. Location of tenant information, either on door or glass Sheet 6 of 9 © 1992 MCC ARCHfTCTS )ob No. 90232. 0 e 749 � I Pƒ?NkG\ »,992 MCG«a«CTS job No. +2± m 7 G O 6 [)�� [\M 'ICAIMHOP FRONTAGE • [MUM WIDTH SHALL BE EQU 5% OF THE LINEAL LEASED E AND CENTERED HORIZONV �Y 4 FYPICAL SHOP ELEVATION .SI-GNAGE FT- EQUAL - —x EQUAL .. I EQUAL . - 1 ..1 A 1 INTERNAL ILLUMINATION OF TENANT SIGNAGE iO BE 60 MILLI -AMP NEON TUBE INSTALLED AND LABELED IN ACCORDANCE WITH THE "NATIONAL BOARD OF FIRE UNDERWRITERS SPECIFICATIONS;' NATIONAL ELECTRIC CODE (NEC) AND APPROVED TESTING LABORATORY (I.E. U.L.) THE AGGREGATE AREA OF ALL SIGNS SHALL NOT EXCEED ONE SQUARE FOOT FOR EACH LINEAL FOOT OF FRONTAGE SIGN -COPY -SHALL BE DETERMINEDAT TENANTS DISGRESSION SUBJECT TO APPROVAL BY OWNER AND/OR CITY PLANNING DEPARTMENT Iz-4z �jp t7-�z Sheet 8 of 9 0 1992 MCC ARCHITECTS T' yl ©� z ALLOWABLE SIGN COLORS TO MATCH ROHM & HAAS COLORS: 1. RED 2429 2. BLUE 2050 3. YELLOW 2325 4. GREEN 2030 Job No. 90232. • 9 0 C? Ou u I, I, SONO-TUBE COLUMN It _ _ = W/ CONCRETE BASE, - TO MATCH BLDG. 1, 'Y/ . I 7, in1'l, nu11 nn 1,_0„ POLE SIGN PLAN 1'-011 -- -- 11-0I, ROOF SLOPE —11-15 j STANDING SEAM :o METAL ROOFING, Cn p TO MATCH BLDG. METAL TRUSS o i AA 'f d" INTERNALLY ILLUMINATED CAN TENANT SIGNAGE, cc - -- — INTERNALLY ILLUMINATED— ILLUMINATED CAN IT Alb-artsons SIGN, COPY PER TENANT 1 ---------- 17ayLQss drug REQUIREMENTS MAX. COPY HEIGHT- 12" EXPOSED TUBE MXx ZN STEEL PIPE COLUMN METAL TRUSS SONO-TUBE COLUMN O1 `n W/ CONCRETE BASE, TO MATCH BLDG. POLE SIGN FRONT ELEVATION SCALE 3/16 = 11-0' Sheet 9 of 9 1992 MCG ARCHITECTS (1, � cn.0'o v Job No. 90232. 0 10'-6" Payless Monument Sign Piney Way Entrance SCALE 3/16 = 1'-0' THE AGGREGATE AREA OF EACH TENANT SIGN SHALL NOT EXCEED TWENTY (20) SQUARE FEET. MAXIMUM SIGN AREA IS LIMITED TO FORTY (40) SQUARE FEET. © 1992 MCC ARCHITECTS NON -ILLUMINATED SIGN BASE. TEXTURED FINISH TO MATCH PLASTER INTERNALLY ILLUMINATED CAN CAN SIGN, ALUMINUM CONSTRUCTION WITH TEXTURE FINISH TENANT SIGNAGE, INTERNALLY ILLUMINATED CAN SIGN, COPY PER TENANT REQUIREMENTS MAX. COPY HEIGHT: ±15" Job No. 90232. • �7 n U 0 0 RESOLUTION NO. 05-93 RESOLUTION EXTENDING ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN TO ALL PERMANENT EMPLOYEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Resolution No. 16-85, the Morro Bay City Council extended the ICMA Retirement Corporation deferred compensation plan to it management employees; and WHEREAS, the City of Morro Bay wishes to extend this benefit to all permanent employees. NOW, THEREFORE, BE IT RESOLVED that the ICMA Retirement Corporation deferred compensation program is hereby extended to all permanent City employees for enrollment at their option and expense; and BE IT FURTHER RESOLVED Resolution No. 16-85 is hereby amended to designate the City Administrator as the coordinator for this program and will receive necessary reports, notices, etc., for the ICMA Retirement Corporation as Administrator, and . shall cast, on behalf of the City of Morro Bay, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held this 25th day of January, 1993 by the following vote: AYES: Crotzer, Luna, Mullen, Unger and Yates NOES: None ABSENT: None ATTEST: BRIDGETT tAVIS, Deputy City Clerk 0 RESOLUTION NO. 16-85 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A DEFERRED COMPENSATION PLAN AS A MEANS OF PROVIDING A BENEFIT TO ITS MANAGEMENT EMPLOYEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, members of the Morro Bay City Council desire to participate in the ICMA Deferred Compensation Plan; and WHEREAS, the City of Morro Bay has provided its management employees the opportunity to participate in the ICMA Deferred Compensation Plan; and WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the City of Morro Bay by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its per- sonnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Morro Bay has determined that the establishment of a deferred compensation plan to be administered • by the ICMA Retirement Corporation will serve the above objectives; and WHEREAS, the City of Morro Bay desires that the investment of funds held under its deferred compensation plan be admin- istered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be held by the ICMA Retire- ment Trust, a trust established by public employees for the purpose of representing the interests of such employees with respect to the collective investment of funds held under their deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay adopts the deferred compensation plan, con- tained in Exhibit A attached, and appoints the ICMA Retirement Corporation to serve as Administrator thereof; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby executes the ICMA Trust, attached as Exhibit B; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby adopts the trust agreement, contained in Exhibit C attached, and appoints the ICMA Retirement Corporation as Trustee thereof, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compen- sation plan through the ICMA Retirement Trust as soon as practicable; and Resolution No. 16-85 Page Two • BE IT FURTHER RESOLVED that the Assistant to the City Administrator shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the City of Morro Bay, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held this 25th day of March, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None �C BUD ZEUSCHNE , Mayor �^ v ATTEST: ARDITH DAVIS, Deputy City Clerk • CERTIFICATION OF CITY CLERK I. Arrli th Dapv, c Da,� tLt'�YCLERK TOF HAT THETFOREGO FOREGOING 8AY �O E AN rF CT ING IS A TR!'� AN COPY o6 - R 9 PA55£'J % fne C:': G"�i":. -r+,E CITY SF MaJ R RO SAY ?T A FitG�ir _.". .•4ti-iNo THERE F HELOON TriE 79th oAY OF_MarCh is 85 DATED- March 2 eputy CITY VLk6KM (SEALl APPENDIX A ("EMPLOYER") DEFERRED COMPENSATION PLAN I. INTRODUCTION The Employer hereby establishes the Employer's Deferred Compensation Plan, hereinafter referred to as the "Plan," The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer in accordance with the provisions of section 457 of the Internal Revenue Code of 1964, as amended. This Plan shall be an agreement solely between the Employer and participating Employees. It. DEFINITIONS 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the • Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distribu- tions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. 2.02 Administrator. The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days advance notice in writing to the Employer, in which the case the Employershall name another person or persons to act as Administrator. 2,03 Beneficiary: The person or persons designated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. 2.04 Deferred Compensation: The amount of Normal Compensa- tion otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under Section 6.03, or any other amount which the Employer agrees to credit to a Participant's Account. 2.05 Employee: Any individual who provides services for the Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 06 Includible Compensation: The amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includible in the Employee's gross income for the taxable year for federal income tax purposes; such term does not include any amount excludabletrom gross income underthis Plan or any other plan described in section 457(b) of the Internal Revenue Code, any amount excludable from gross income under section 403(b) of the Internal Revenue Code, or any other amount excludable from gross income for federal income tax purposes. Includible Compensation shall be determined without regard to any community property laws. 2.07 Joinder Agreement: An agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.08 Normal Compensation: The amount of compensation which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. 2.09 Normal Retirement Age: Age 70, unless the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator prior to Separation from Service. A Participant's Normal Retirement Age determines (a) the latest time when benefits maycommence under this Plan (unless the Participant continues employ- ment after Normal Retirement Age), and (b) the period during which a Participant may utilize the catch-up limitation of Section 5.02 hereunder. Once a Participant has to any extent utilized the catch-up limitation of Section 5.02, his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date the Participant attains age 70. if a Participant continues employment after attaining age 70, not having previously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, it any, established by the Empioyer, or the age at which the Participant actually separates from service if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than attainment of age 55 and may not be later than attainment of age 70. 2.10 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV. 2.11 Plan Year: The calendar year. cably elect within 60 days following Separation from Service to have the distribution of benefits commence on adate other than that described in the preceding sentence which is at least 60 days after the date such election is delivered in writing to the Employer and forwarded to the Administrator • but not later than 60 days after the close of the Plan Year of the Participant's Retirement. 7.02 Payment Options: As provided in Sections 7.01, 7.05 and 7.06, a Participant may elect to have the value of his Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03: (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, continuing until his Account is exhausted; (b) One lump sum payment; (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period certain chosen by the Participant; (d) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer; (e) Any other payment option elected by the Participant and agreed to by the Employer. A Participant's election of a payment option must be made at least 30 days before the payment of benefits is to commence. It a Participant fails to make a timely election of a payment option, benefits shall be paid monthly under option (c) above for a period of five years. 7.03 Limitation on Options: No payment option may be selected by the Participant under Section 7.02 unless the present value of the payments to the Participant, determined as of the date benefits commence, exceeds 50 percent of the value of the Participant's Account as of the date benefits commence. • Present value determinations under this Section shall be made by the Administrator in accordance with the expected return multiples set forth in section 1.72-9 of the Federal Income Tax Regulations (or any successor provision to such regulations). 7.04 Post -retirement Death Benefits: Should the Participant die after he has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the Participant's Beneficiary commencing within 60 days after the Administrator receives proof of the Participant's death, unless the Beneficiary elects payment under a different payment option at least 30 days prior to the date that the first payment becomes payable to the Beneficiary. in no event shall the Employer or Administrator be liable to the Beneficiary for the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. Notwithstanding the foregoing, payments to a Beneficiary shall not extend over a period Iongerthan (t) the Beneficiary's life expectancy if the Beneficiary is the Participant's spouse or (it) fifteen (15) years if the Beneficiary is not the Participant's spouse. If no Beneficiary is designated in the Joinder Agreement, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Participant. If the designated Beneficiary survives the Participant for a period of fifteen (15) days, but does not continue to live for the remaining period of payments under the payment option (as modified, if necessary, in conformity with the third sentence of this section), then the commuted value of any remaining payments under the payment option • shall be paid in a lump sum to the estate of the Beneficiary. 7,05 Pre -retirement Death Benefits: Should the Participant die before he has begun to receive the benefits provided by Sections 7.01 or 7.06, a death benefit equal to the value of the Participant's Account shall be payable to the Beneficiary commencing no later than 60 days after the close of the Plan Year in which the Participant would have attained Normal Retirement Age. Such death benefit shall be paid in a lump sum unless the Beneficiary elects a different payment option within 90 days of the Participant's death. A Beneficiary who may elect a payment option pursuant to the provisions of the preceding sentence shall be treated as if he were a Participant for purposes of determining the payment options available under Section 7.02; provided, however, that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary if the Beneficiary is the Participant's spouse and must provide for payments over a period not in excess of fifteen (15) years if the Beneficiary is not the Participant's spouse. 7.06 Disability: I n the event a Participant becomes disabled before the commencement of Retirement benefits under Section T01, the Participant may elect to commence benefits under one of the payment options described in Section 7.02 on the last day of the month following a determination of disability by the Employer. The Participant's request for such determination must be made within a reasonable time after the impairment which constitutes the disability occurs. A Participant shall be considered disabled for purposes of this Plan if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or be of long -continued and indefinite duration. The disability of any Participant shall be determined in accordance with uniform principles consistently applied and upon the basis of such medical evidence -as the Employer deems necessary and desirable. 7.07 Unforeseeable Emergencies: In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. An unforeseeable emergency shall be deemed to involveonly circumstances of severe financial hardship to the Participant resulting from asudden and unexpected illness or accident of the Participant or of a dependent (as defined in section 152(a) of the Internal Revenue Code) of the Participant, loss of the Participant's property dueto casualty, or other similar and extraordinary unforeseeable circum- stances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. Vill. NON -ASSIGNABILITY No Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non -assignable and non- transferable. IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under 2.12.Retlrement: The first date upon which both of the following shall have occurred with respect to a Participant: Separation from Service and attainment of Normal Retirement Age. 2.13 Separation from Service: Severance of the Participant's . employment with the Employer. A Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer, Separation from Service shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the Employer. III. ADMINISTRATION 3.01 Duties of Employer: The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. IV. PARTICIPATION IN THE PLAN 4.01 Initial Participation: An Employee may become a Participant • by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned. 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero) orto change his investment preference (subject to such restric- tions as may result from the nature or terms of any investment made by the Employer). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change the designated Beneficiary and such amendment shall become effective immediately. V. LIMITATIONS ON DEFERRALS 5.01 Normal Limitation: Except as provided in Section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of 57,500.00 or 33 1/3 percent of the Participant's Includible Compensation for the taxable year. This limitation will ordinarily be equivalent to the lesser of $7,500.00 or 25 percent of the Participant's Normal Compensation, 5.02 Catch-up Limitation: For each of the last three (3) taxable years of a Participant ending before his attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of; (1) $15,000 or (2) the sum of (i) the Normal Limitation for the taxable year, and (ii) that portion of the Normal Limitation for each of the prior taxable years of the Participant commencing after 1978 during which the Plan was in existence and the Participant • was eligible to participate in the Plan (or in any other plan established under section 457 of the Internal Revenue Code by an employer within the same State as the Employer) less the amount of Deferred Compensation for each such prior taxable year (including amounts deferred under such other plan). For purposes of this Section 5.02, a Participant's Includible Compensation for the current taxable year shal l be deemed to include any Deferred Compensation for the taxable year in excess of the amount permitted under the Normal Limitation, and the Participant's Includible Compen- sation for any prior taxable year shall be deemed to exclude any amount that could have been deferred under the Normal Limitation for such prior taxable year. 5.03 Section 403(b) Annuities: For purposes of Sections 5.01 and 5.02, amounts contributed by the Employer on behalf of a Participant for the purchase of an annuity contract described in section 403(b) of the Internal Revenue Code shall be treated as if such amounts constituted Deferred Compensa- tion under this Plan for the taxable year in which the contribution was made and shall thereby reduce the maximum amount that maybe deferred forsuch taxable year. VI. INVESTMENTS AND ACCOUNT VALUES 6.01 Investment of Deferred Compensation: All investments of Participants' Deferred Compensation made by the Employer, including all property and rights purchased with such amounts and all income attributable thereto, shal I be the sole property of the Employer and shall not be held in trust for Participants or as collateral security for the fulfillment of the Employer's obligations under the Plan. Such property shall be subject to the claims of general creditors of the Employer, and no Participant or Beneficiary shall have any vested interest orsecured or preferred position with respecttosuch property or have any claim against the Employer except as a general creditor. 6.02 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then -current value of his Account. 6.03 Acceptance of Transfers: Pursuant to an appropriate written agreement, the Employer may accept and credit to a Participant's Account amounts transferred from another employer within the same State representing amounts held by such other employer under an eligible State deferred compensation plan described in section 457 of the Internal Revenue Code. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, provided however, that the actual amount of any deferral under the plan from which the transfer is made shall betaken into account in computing the catch-up limitation under Section 5.02. 6.04 Employer Liability: In noeventshall the Employer''sliabilityto pay benefits to a Participant under Article VI exceed the value of the amounts credited to the Participant's Account; the Employer shall not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. VII. BENEFITS 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence during the second calendar month after the close of the Plan Year of the Participant's Retirement, and the distribution of such Retirement benefits shall be made in accordance with one of the payment options described in Section 7.02. Notwithstanding the foregoing, the Participant may irrevo- cably elect within 60 days following Separation from Service to have the distribution of benefits commence on a date other than that described in the preceding sentence which is at least 60 days after the date such election is delivered in writing to the Employer and forwarded to the Administrator . but not later than 60 days after the close of the Plan Year of the Participant's Retirement. 7.02 Payment Options: As provided in Sections 7.01, 7,05 and 7.06, a Participant may elect to have the value of his Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03: (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, continuing until his Account is exhausted; (b) One lump sum payment; {c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period certain chosen by the Participant; (d) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer; (a) Any other payment option elected by the Participant and agreed to by the Employer. A Participant's election of a payment option must be made at least 30 days before the payment of benefits is to commence. If a Participant fails to make a timely election of a payment option, benefits shall be paid monthly under option (C)above for a period of five years. 7.03 Limitation on Options: No payment option may be selected by the Participant under Section 7.02 unless the present value of the payments to the Participant, determined as of the date benefits commence, exceeds 50 percent of the value of the Participant's Account as of the date benefits commence. isPresent value determinations under this Section shall be made by the Administrator in accordance with the expected return multiples set forth in section 1.72-9 of the Federal Income Tax Regulations (or any successor provision to such regulations). 7.04 Past -retirement Death Benefits: Should the Participant die after he has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the Participant's Beneficiary commencing within 60 days after the Administrator receives proof of the Participant's death, unless the Beneficiary elects payment under a different payment option at least 30 days prior to the date that the first payment becomes payable to the Beneficiary. In no event shall the Employer or Administrator be liable to the Beneficiary for the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. Notwithstanding the foregoing, payments to a Beneficiary shall not extend over a period longerthan (i) the Beneficiary's life expectancy if the Beneficiary is the Participant's spouse or (ii) fifteen (15) years if the Beneficiary is not the Participant's spouse. If no Beneficiary is designated in the Joinder Agreement, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Participant. If the designated Beneficiary survives the Participant for a period of fifteen (15) days, but does not continue to live for the remaining period of payments under the payment option (as modified, if necessary, in conformity with the third sentence of this section), then the commuted •value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Beneficiary. 7.05 Pre -retirement Death Benefits: Should the Participant die before he has begun to receive the benefits provided by Sections 7.01 or 7.06, a death benefit equal to the value of the Participant's Account shall be payable to the Beneficiary commencing no later than 60 days after the close of the Plan Year in which the Participant would have attained Normal Retirement Age. Such death benefit shall be paid in a lump sum unless the Beneficiary elects a different payment option within 90 days of the Participant's death. A Beneficiary who may elect a payment option pursuant to the provisions of the preceding sentence shall be treated as if he werea Participant for purposes of determining the payment options available under Section 7.02; provided, however, that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary if the Beneficiary is the Participant's spouse and must provide for payments over a period not in excess of fifteen (15) years if the Beneficiary is not the Participant's spouse. 7.06 Disability: I n the event a Participant becomes disabled before the commencement of Retirement benefits under Section 7.01, the Participant may elect to commence benefits under one of the payment options described in Section 7.02 on the last day of the month following a determination of disability by the Employer. The Participant's request for such determination must be made within a reasonable time after the impairment which constitutes the disability occurs. A Participant shall be considered disabled for purposes of this Plan if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or be of long -continued and indefinite duration. The disability of any Participant shall be determined in accordance with uniform principles consistently applied and upon the basis of such medical evidence as the Employer deems necessary and desirable. 7.07 Unforeseeable Emergencies: In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself causesevere financial hardship. An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the Participant resulting from asudden and unexpected illness or accident of the Participant or of a dependent (as defined in section 152(a) of the Internal Revenue Code) of the Participant, loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable circum- stances arising as a result of events beyond the control of the Participant. The need to send a Participants child to college or to purchase a new home shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. Vill. NON -ASSIGNABILITY No Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non -assignable and non- transferable. iX, RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employers employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Employer. X. AMENDMENT OR TERMINATION OF PLAN The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any time terminate this Plan. The Administrator may at any time propose an amendment to the Plan byan instrument in writing transmitted to the Employerat least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30-day � 1 u period, the Employer notifies the Administrator in writing that it disapprovessuch amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. No amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. XI. APPLICABLE LAW This Plan shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible State deferred compensation plan" under section 457 of the Internal Revenue Code of 1954, as amended. The provisions of this Plan shall be interpreted wherever possible in conformity with the requirements of that section. XII. GENDER AND NUMBER The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. APPENDIX B DECLARATION OF TRUST of ICMA RETIREMENT TRUST ARTICLE I. Name and Definitions SECTION 1.1. Name. The Name of the Trust created hereby is the ICMA Retirement Trust. SECTION 1.2. Definitions. Wherever they are used herein, the following terms shall have the following respective meanings: (a) By -Laws. The By -Laws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. Adeferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provisions of section 457 of the Internal Revenue Code of 1954. as amended. (c) Guaranteed Investment Contract. A contract entered into by the Retirement Trust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (d) ICMA. The International City Management Association (a) ICMA/RC Trustees. Those Trustees elected by the Public •Employers who, in accordance with the provisions of Section 3.1(a) hereof, are also members of the Board of Directors of ICMA or RC. (f) Investment Adviser, The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investment of the Trust Property. (g) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such employer in connection with its deterred compensation agreements with its employees. (h) Portfolios. The Portfolios of investments established by the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (i) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are full-time employees of Public Employers. (j) Public Employer. A unit of state or local government, or any agency or instrumentality thereof, that has adopted a Deferred Compensation Plan and has executed this Declaration of Trust. (k) RC. The International City Management Association Retirement Corporation. (1) Retirement Trust. The Trust created by this Declaration of Trust. (m) Trust Property. The amounts held in the Retirement Trust on behalf of the Public Employers. The Trust Property shall include •any income resulting from the investment ofthe amounts so held. In) Trustees. The Public Employee Trustees and ICMA/RC Trustees elected by the Public Employers to serve as members of the Board of Trustees of the Retirement Trust. ARTICLE If. Creation and Purpose of the Trust; Ownership of Trust Property SECTION 2.1. Creation, The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the participating Public Employers. SECTION 2.2. Purpose. The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation Plans. The Trust Property shall be invested in the Portfolios, in Guaranteed Investment Contracts and in other investments recommended by the Investment Adviser under the supervision of the Board of Trustees. SECTION 2.3 Ownership of Trust Property. The Trustees shall have legal title to the Trust Property. The Public Employers shall be the beneficial owners of the Trust Property. ARTICLE III. Trustees SECTION 3.1. Number and Qualification of Trustees. (a) The Board of Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election, are members of the Board of Directors of RC (the ICMA/RC Trustees). One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall. at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. SECTION 3.2. Election and Term. (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the Public Employers in accordance with the procedures set forth in the By -Laws. (b) At the first election of Trustees, three Trustees shall be elected for a term of three years, three Trustees shall be elected for a term of two years and three Trustees shall be elected for a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. SECTION 3.3. Nominations. The Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trustees. The Nominating Committee shall choose candidates for Public Employee Trustees in accordance with the procedures set forth in the By -Laws. SECTION 3.4. Resignation and Removal. (a) Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signed blithe Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according (v) do all such acts, take all such proceedings, and exercise all SECTION 5.3. Bond. No Trustee shall be obligated to give any bond such rights and privileges, although not specifically mentioned or other security for the performance of any of his or her duties herein, as the Trustees may deem necessary or appropriate to hereunder. administerthe Trust Property and to carry outthe purposes of the Retirement Trust. ARTICLE VI. Annual Report to Shareholders ,10LECTION 4.2. Distribution of Trust Property. Distributions of the t Property shall be made to, or on behalf of, the Public Employer, in The Trustees shall annually submit to the Public Employers a written a ordance with the terms of the Deferred Compensation Plans or report of the transactions of the Retirement Trust, including financial Employer Trusts. The Trustees of the Retirement Trust shall be fully statements which shall be certified by independent public accountants protected in making payments in accordance with the directions of the chosen by the Trustees. Public Employers or the Trustees of the Employer Trusts without ascertaining whether such payments are in compliance with the ARTICLE VII. Duration or Amendment of Retirement Trust provisions of the Deferred Comoensation Plans nr the nnraemanic creating the Employer Trusts SECTION 4.3. Execution of Instruments. The Trustees may unanimously designate any one or more of the Trustees to execute any instrument ordocument on behalf of all, including but not limited tothe signing or endorsement of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. Duty of Care and Liability of Trustees SECTION 5.1. Duty of Care. In exercising the powers herembefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. SECTION 5.2. Liability. The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub- tment adviser, accountants, appraisers or other experts or ultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of careset forth in Section 5.1. 0 SECTION7.1. Withdrawal. A Public Employer may, at anytime, with- draw from this Retirement Trust by delivering to the Board of Trustees a statement to that effect. The withdrawing Public Employer's beneficial interest in the Retirement Trust shall be paid out to the Public Employer or to the Trustee of the Employer Trust, as appropriate. SECTION 7.2. Duration. The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers orthe Trustees of the Employer Trusts, as appropriate. SECTION 7.3. Amendment. The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting one vote. SECTION 7.4. Procedure. A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (a) a majority of the Trustees so direct, or (b) a petition requesting a vote, signed by not less than 25% of the Public Employers, is submitted to the Trustees. ARTICLE Vill. Miscellaneous SECTION 8.1. Governing Law. Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. SECTION 8.2. Counterparts, This Declaration may be executed by the Public Employers and Trustees in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. to the terms of the instrument. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he orshe ceases to be a full-time employee of a Public Employer. SECTION 3.5. Vacancies. The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, removal, adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee li.e., Public Employee Trustee or ICMA/RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such vacancy. SECTION 3.6. Trustees Serve in Representative Capacity. By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collectively. ARTICLE IV. Powers of Trustees SECTION 4.1. General Powers. The Trustees shall have the power to Wr uct the business of the Trust and to carry on its operations. Such shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers or from a Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of other investments forthe Trust Property and the payment of reasonable fees to the Investment Adviser andto any sub -investment adviser retained by the Investment Adviser; (c) review annually the performance of the Investment Adviser and approve annually the contract with such Investment Adviser; (d) invest and reinvest the Trust Property in the Portfolios, the Guaranteed Investment Contracts and in any other investment recommended by the Investment Adviser, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to time, may deem to be in the best interest of the Retirement Trust created hereby, without liability for interest thereon; (f) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investments here- under: .(g) cause any securities or other property held as part of the Trust Property to be registered in the name of the Retirement Trust or in the name of a nominee, and to hold any investments in bearer form, but the books and records of the Trustees shall at all times show that all such investments are a part of the Trust Property; (h) make, -execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) vote upon any stock, bonds, or other securities; give general or special proxies or powers of attorney with or without power of substitution; exercise any conversion privileges, subscription rights, or other options, and make any payments incidental thereto; oppose, or consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and delegate discretionary powers, and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Property; (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, but not limited to, contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money for the purpose of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shalt be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing; (1) incur reasonable expenses as required forthe operation of the Retirement Trust and deduct such expenses from the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans or the Employer Trusts and deduct such expenses from that portion of the Trust Property beneficially owned by the Public Employer to whom such expenses are properly allocable; (n) pay out of the Trust Property all real and personal property taxes, income taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the appropriate accounts; (o) adopt, amend and repeal the By-Laws,provided that such By - Laws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a deferred compensation plan under section 457 of the Internal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) and (o) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain booksand records, including separate accounts for each Public Employer or Employer Trust and such additional separate accounts as are required under, and consistent with, the Deferred Compensation Plan of each Public Employer; and (v) do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustees may deem necessary or appropriate to administer the Trust Property and to carry out the purposes of the Retirement Trust. ECTION 4.2. Distribution of Trust Property. Distributions of the t Property shall be made to, or on behalf of, the Public Employer, in ordance with the terms of the Deferred Compensation Plans or Employer Trusts. The Trustees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers or the Trustees of the Employer Trusts without ascertaining whether such payments are in compliance with the provisions of the Deferred Compensation Plans or the agreements creating the Employer Trusts. SECTION 4.3. Execution of Instruments. The Trustees may unanimously designate any one or more of the Trustees to execute any instrument or document on behalf of all, including but not limited to the signing or endorsement of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. Duty of Care and Liability of Trustees SECTION 5.1. Duty of Care. In exercising the powers herembefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. SECTION 5.2. Liability. The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub- I&tment adviser, accountants, appraisers or other experts or ultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of caresetforth in Section 5.1. 0 SECTION 5.3. Bond. No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. Annual Report to Shareholders The Trustees shall annually submit to the Public Employers a written report of the transactions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. ARTICLE VII. Duration or Amendment of Retirement Trust SECTION7.1. Withdrawal. A Public Employer may, at anytime, with- draw from this Retirement Trust by delivering to the Board of Trustees a statement to that effect. The withdrawing Public Employer's beneficial interest in the Retirement Trust shall be paid out to the Public Employer or to the Trustee of the Employer Trust, as appropriate. SECTION 7.2. Duration. The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers orthe Trusteesof the Employer Trusts, as appropriate. SECTION 7.3. Amendment. The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting one vote. SECTION 7.4. Procedure. A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (a) a majority of the Trustees so direct, or (b) a petition requesting a vote, signed by not less than 25% of the Public Employers, is submitted to the Trustees. ARTICLE VIII. Miscellaneous SECTION 8. 1. Governing Law. Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. SECTION 8.2. Counterparts. This Declaration may be executed by the Public Employers and Trustees in twoor more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. �it?93� ,.fl�6?�3..stifkXh+F�+F�ttt�b3�t¢�.'+3:N_s�f[�tii?A•?�2a�k AMENDMENT TO THE DECLARATION OF TRUST (APPENDIX B) Approved by ICMA Retirement Trust members, November 30, 1983 ARTICLE VIII. Miscellaneous SECTION 8.3. Notwithstanding any other provision of this Declaration of Trust, until December 31, 1984, unless such period is extended by the Trustees, the Trust Property may include amounts held by the Retirement Trust on behalf of public employers that have not executed the Declaration of Trust. 4184 C APPENDIX C,. 0 TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AGREEMENT made by and between the Employer named in the attached resolution and the International City Management Association Retirement Corporation (hereinafter the "Trustee" or "Retirement Corporation"), a nonprofit corporation organized and existing underthe laws of the State of Delaware, forthe purpose of investing and otherwise administering the funds set aside by Employers in connection with deferred compensation plans established under section 457 of the Internal Revenue Code of 1954 (the" Code"). This Agreement shall take effect upon acceptance by the Trustee of its appointment by the Employer to serve as Trustee in accordance herewith as set forth in the attached resolution. WHEREAS, the Employer has established a deferred compensation plan under section 457 of the Code (the "Plan"); WHEREAS, in order that there will be sufficient funds available to discharge the Employer's contractual obligations under the Plan, the Employer desires to set aside periodically amounts equal to the amount of compensation deferred; WHEREAS, the funds set aside, togetherwith any and all assets derived from the investment thereof, are to be exclusively within the dominion, control, and ownership of the Employer, and subject to the Employer's absolute right of withdrawal, no employees having any interest whatsoever therein; THEREFORE, this Agreement witnesseth that (a) the Employer pay monies to the Trustee to be placed in deferred compensation accounts for the Employer; (b) the Trustee covenants that it will hold said sums, and any other funds which it may receive hereunder, in trust for the uses and purposes and upon the terms and conditions hereinafter stated: and (c) the parties hereto agree as follows: ARTICLE I. General Duties of the Parties. Section 1.1. General Duty of the Employer. The Employer shall make regular periodic payments equal to the amounts of its employees' compensation which are deferred in accordance with the terms and conditions of the Plan to the extent that such amounts are to be invested under the Trust. Section 1.2. General Duties of the Trustee. The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided- The Trustee shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employerfrom existing deferred compensation arrangements with its Employees under plans described in section 457 of the Code. Such Trust Funds shall be subject to all of the terms and provisions of this Agreement. ARTICLE If. Powers and Duties of the Trustee in Investment, Administration, and Disbursement of the Trust Funds. Section 2.1. Investment Powers and Duties of the Trustee. The Trustee shall have the power to invest and reinvest the principal and income of the Trust Funds and keep the Trust Funds invested, without distinction between principal and income, in securities or in other property, real or personal, wherever situated, including, but not limited to, stocks, common or preferred, bonds, retirement annuity and rance policies, mortgages, and other evidences of indebtedness or ership, investment companies, common or group trust funds, or separate and different types of funds (including equity, fixed income) which fulfill requirements of state and local governmental laws, provided, however, that the Employer may direct investment by the Trustee among available investment alternatives in such proportions as the Employer authorizes in connection with its deferred compensation agreements with its employees. For these purposes, these Trust Funds may be commingled with Trust Funds set aside by other Employers pursuant to the terms of the ICMA Retirement Trust. Investment powers vested in the Trustee by the Section may be delegated by the Trustee to any bank, insurance or trust company, or any investment advisor, manager or agent selected by it. Section 2.2. Administrative Powers of the Trustee. The Trustee shall have the power in its discretion: (a) To purchase, or subscribe for, any securities or other property and to retain the same in trust. (b) To sell, exchange, convey, transfer or otherwise dispose of any securities or other property held by it, by private contract, or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition. (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution: to exercise any conversion privileges, subscription rights, or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Funds. (d) To cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments area part of the Trust Funds. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing. (f) To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon. (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investment hereunder. (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted. (i) To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Trust Funds; to commence or defend suits or legal or administrative proceedings; •and to represent the Trust Funds in all suits and legal and administrative proceedings. (j) To do all such acts. take al l such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Trust. Section 2.3. Distributions from the Trust Funds. The Employer hereby appoints the Trustee as its agent for the purpose of making distributions from the Trust Funds. In this regard the terms and conditions set forth in the Plan are to guide and control the Trustee's power. Section 2.4. Valuation of Trust Funds. At least once a year as of Valuation Dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds. Assets of the Trust Funds shall be valued at their market values at the close of business on the Valuation Date, or, in the absence of readily ascertainable market values as the Trustee shall determine, in accordance with methods consistently followed and uniformly applied. ARTICLE III. For Protection of Trustee. Section 3.1. Evidence of Action by Employer. The Trustee may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. Section 3.2. Advice of Counsel. The Trustee may consult with any legal counsel with respect to the construction of this Agreement, its duties hereunder, or any act, which it proposes to take oromit, and shall not be liable for any action taken or omitted in good faith pursuant to such advice. ction 3.3. Miscellaneous. The Trustee shall use ordinary care and unable diligence, but shall not be liable forany mistake of judgment or other action taken in good faith. The Trustee shall not be liable for any loss sustained by the Trust Funds by reasons of any investment made in good faith and in accordance with the provisions of this Agreement. The Trustee's duties and. obligations shall be limited to those expressly imposed upon it by this Agreement. ARTICLE IV. Taxes, Expenses and Compensation of Trustee. Section4.1. Taxes. The Trustee shall deduct from and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. Section 4.2. Expenses. The Trustee shall deduct from and charge against the Trust Funds all reasonable expenses incurred by the Trustee in the administration of the Trust Funds, including counsel, agency, investment advisory, and other necessary fees. ARTICLE V. Settlement of Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder. Within ninety (90) days after the close of each fiscal year, the Trustee shall render in duplicate to the Employer an account of its acts and transactions as Trustee hereunder. If any part of the Trust Fund shall be invested through the medium of any common, collective or commingled Trust Funds, the last annual report of such Trust Funds shall be submitted with and incorporated in the account. If within ninety (90) days after the mailing of the account or any amended account the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has �jgen filed, and if the Employer is satisfied that it should be withdrawn or account is adjusted to the Employer's satisfaction, the Employer in writing filed with the Trustee signify approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee and the Employer were parties. The Trustee shall have the right to apply at any time to a court of competent jurisdiction for the judicial settlement of its account. ARTICLE VI. Resignation and Removal of Trustee. Section 6.1. Resignation of Trustee. The Trustee may resign at any time by filing with the Employer its written resignation. Such resignation shall take effect sixty (60) days from the date of such filing and upon appointment of a successor pursuant to Section 6.3., whichever shall first occur. Section 6.2. Removal of Trustee. The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal and an appointment of a successor pursuant to Section 6.3. Such removal shall not take effect prior to sixty (60) days from such delivery unless the Trustee agrees to an earlier effective date. Section 6.3. Appointment of Successor Trustee. The appointment of a successor to the Trustee shall take effect upon the delivery to the Trustee of (a) an instrument in writing executed by the Employer appointing such successor, and exonerating such successor from liability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If a successor is not appointed with sixty (60) days after the Trustee gives notice of its resignation pursuant to Section 6.1., the Trustee may apply to any court of competent jurisdiction for appointment of a successor. Section 6.4. Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII. Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shall continue for such time as may be necessary to accomplish the purpose for which it was created but may be terminated or revoked at any time by the Employer as it relates to any and/or all related participating Employees. Written notice of such termination or revocation shall be given to the Trustee by the Employer. Upon termination or revocation of the Trust, all of the assets thereof shall return to and revert to the Employer. Termination of this Trust shall not, however, relieve the Employerof the Employer's continuing obligation to pay deferred compensation to Employees in accordance with the terms of the Plan. Section7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. ARTICLE Vlll. Miscellaneous. Section 8.1. Laws of the District of Columbia to Govern. This Agreement and the Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section8.2. Successor Employers. The "Employer" shall include any person who succeeds the Employer and who thereby becomes subject to the obligations of the Employer under the Plan. Section 8.3. Withdrawals. The Employer may, at any time, and from time to time, withdraw a portion or all of Trust Funds created by this Agreement. Section 8.4. Gender and Number. The masculine includes the feminine and the singular includes the plural unless the context requires another meaning. • RESOLUTION NO. 04-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING A DENSITY BONUS AND WAIVING WATER AND SEWER AVAILABILITY FEES FOR THE ADDITION OF AN AFFORDABLE UNIT T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CDP 69-92 WHEREAS, The City Council of the City of Morro Bay on the llth day of January , 1993, did hold a duly noticed PUBLIC HEARING to consider the request of William Heimel's request for a density bonus to construct an affordable housing unit. WHEREAS, Code Section 17.50.040 allows the city council to grant density bonuses and fee reduction where affordable units are proposed; and WHEREAS, the applicant has requested the density bonus and fee waiver to add one additional second unit at 2061 • Sunset. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, hereby grants the following: 1. Approve a density bonus to permit the addition of a second unit at 2061 Sunset St., and 2. One of the two units located at 2061 Sunset shall be for persons of low and/or moderate income based upon the income levels provided by and updated by the State Department of Housing and Community Development (HCD) on a yearly basis for a family of three, and 3. Said restriction shall be for a period of thirty (30) years and shall be recorded with the property in a form to be approved by the City Attorney and administered by either the City or other agency designated by the City; and 4. All water and sewer availability fees for the additional unit shall be waived. 0 ' PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the llth day of January, 1993, by the following vote to wit: AYES: Crotzer, Mullen, Luna, Unger and Yates NOES: None ABSENT: None i _ .i WILLIAM YAtEb, Mayor BRIDGET DAVIS, Deputy City Clerk • • RESOLUTION NO. 02-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING THE 1992 ANNUAL WATER REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR FISCAL YEAR 1993-1994 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 known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi- family and single family residences allowed within the limit; and WHEREAS, on the 21st day of December, 1992, the Planning Commission held a duly noticed public hearing and following its review of the report made its recommendations to the City Council; and WHEREAS, on the lath day of January, 1993, the city Council did • hold duly noticed PUBLIC HEARING on the proposed 1992 Annual Water Report and the proposed 1993-1994 fiscal year 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 1992 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 fiscal year 1993-1994 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The mix of residential dwelling units to be allocated during fiscal year 1993-1994 shall be 50 single family residences and 20 multi -family units for a total of 70 dwelling units in accordance with Measure F. b. Am additional 10 percent or 7 multi -family units shall be allocated during 1993-1994 fiscal year as provided in Measure F. • • C. Commercial and industrial allocations of up to 130 percent of the residential allotment shall be made available during 1993- 1994 fiscal year in accordance with Measure F. d. Continue diligent efforts to develop supplemental and replacement water rsources and prepare and adopt a Water Management Program identifying the future water sources. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the llth day of January, 1993, by the following vote to wit: AYES: Crotzer, Mullen, Luna, Unger and Yates NOES: None ABSENT: None BRIDGETT qVIS, Deputy City Clerk • Pi Mayor CITY OF MORRO BAY COMMUNITY DEVELOPMENT DEPARTMENT ANNUAL WATER REPORT DECEMBER, 1992 I. INTRODUCTION Pursuant to requirements of the Municipal Code, Section 13.20, the Planning Director is required to submit in December of each year, the Annual Water Report to the City Council and Planning Commission. The report is to describe the number of uses receiving water in that year and the number of equivalencies distributed. In addition Measure F (Ordinance 266) requires the City Council, by January 15th of each calendar year, following public hearings, recommendations of the Harbor Advisory Board and Planning Commission, to determine the allocation amount and mix of multi -family and single family residential units for the next year. Topics of this report include: status of the Water Management Plan, the distribution of water equivalency units (WEU`s) for 1992; .the off -site retrofit program, and conclusions and recommendations for water allocation in 1993. II. SUMMARY AND CONCLUSIONS As has been discussed many times in the past, the City of Morro Bay does not have an assured annual water supply. The City's groundwater resource is not sufficient to meet today's population's desire to use water, and the City has implemented water conservation measures to reduce demand. The prolonged drought has continued, and the City's water customers are presently being required to conserve water under Level 3, of the five -level conservation ordinance prescribed by the Municipal Code. The City has constructed an emergency seawater desalination facility, and this facility is ready to be used to provide an emergency water supply. During 1992 the City authorized new allocations of water equivalencies for 77 new residential, commercial and industrial development. The off -site retrofit program, although modified by a voter's initiative in 1990, remains the only current source of water allocations through demand reduction. 1 • 1992 ANNUAL WATER REPORT DECEMBER, 1992 Except for desalination, new water resources to replace and/or supplement the City's existing diminishing groundwater supply are not expected to be available for a number of years, and all will require the approval of the State Coastal Commission through the adoption of the Water Management Plan before they can be implemented. The potential future water sources study such as State Water, Nacimiento Lake, reclamation and, desalination will each be assessed in the Water Management Plan, The City Council and the State Coastal Commission will have to concur on the alternative source(s) to be selected. II. RECOMMENDATIONS FOR WATER ALLOCATION IN 1993 Staff makes the following recommendations for proposed actions during 1993 regarding the development and allocations of the City of Morro Bay's municipal water supply and demand for the 1993-94 fiscal year: 1. Allocate 50 single-family units; 2. Allocate 20 multi -family units; • 3. Allocate an additional 7 (10% of total) multi -family units; • 4. Allocate 130% of the residential water equivalency units to commercial and industrial projects; and 5. Prepare the Water Management Plan and obtain approval of the State Coastal Commission. On May 13, 1992 the City Council adopted Resolution No. 48-91 establishing the City's policy for development of long-term supplemental water resources. These priorities are as follows: a. Water conservation b. Reclamation of treated wastewater effluent from the Morro Bay-Cayucos Wastewater Treatment Plant. C. Importation of water from Lake Nacimiento Reservoir located in northwestern San Luis Obispo County. On November 5, 1991 the voters of Morro Bay approved advisory ballot measures asking the City Council to obtain supplemental water from both the Nacimiento Lake project and the proposed Coastal Branch of the State Water Project. On December 17, 1991 a voter's initiative 2 • 1992 ANNUAL WATER REPORT DECEMBER, 1992 to require the city to subscribe to the State Water Project was approved. Those initiatives will be subject to the approval of the State Coastal Commission as part of the Water Management Plan. III. WATER MANAGEMENT PLAN STATUS The City is in the process of preparing an update of the Water Management Plan. At the meeting of December 14, 1992 the City Council authorized the City Administrator to negotiate a contract with Boyle Engineering/Cleath & Associates to prepare the Water Management Plan. That document will identify the options for water supply to meet current needs and future planned growth. The Water Management Plan will require approval by the State Coastal Commission. Staff estimates that the time for preparation, review and approval will take about 12 to 18 months. IV. OFF -SITE RETROFIT PROGRAM A. Background In 1985, the City initiated its off -site retrofit program where project proponents could earn Water Equivalency Units (WEU's) for new •construction by replacing older toilets, shower heads, and other fixtures in existing buildings with new water saving fixtures. Under the program, the developer was required to save two gallons of water for every one gallon his/her project needed. The additional water savings are required to ensure that the new project will not result in an increase in water usage. It is a safety factor. • The 1986 Annual Water Report review showed that retrofit was saving water, but at less than expected levels. Much of the data that was collected to draw this assumption was still limited and more time was needed before any sound conclusions could be made. The next analysis on the retrofit program occurred as part of the 1987 Annual Water Report. In the preparation of this report, the data base for studying the retrofit program was expanded to include 50 water accounts chosen at random. The analysis indicated that actual water savings was occurring with 1.02 gallons being saved for each 1.00 gallon needed. The reader may recall that projected savings were estimated to be at twice this level. The 1988 Annual Water Report continued the analysis performed in the previous year. The report specifically compared observed savings versus predicted savings to see if the savings formula needed adjusting. The report showed that only 0.66 gallons were saved for every one gallon of water used. This resulted in revising the formula 01 u 1992 ANNUAL WATER REPORT DECEMBER, 1992 of predicted fixture savings by reducing the amount saved per fixture down by one-half. The use of the new formula was implemented in 1989, although in that year the "blend" (1/2 retrofit - 1/2 pipeline) program was used. Due to the effects of the prolonged drought, in 1990 and 1991 the City Council determined no new water allocations would be made. The revised formula, therefore, has not yet been implemented long enough to provide an analysis of the actual savings achieved, although using past data, it would appear that the formula does provide a savings at the targeted amount. B. Current Status The 1992 allocation program required applicants to utilize the retrofit program at the Measure I prescribed 2:1 ratio to achieve water necessary for their development proposals. Table 4 also provides a summation of the types of structures retrofitted from 1985 through December 9, 1992. To date, through a combination of the Off - Site Retrofit Program and the Retrofit Upon Transfer/Sale, 2397 residences have had low -flush fixtures installed; 558 motel units have also been retrofitted; and 48 commercial buildings. There appears to be sufficient retrofits available within the community to support the remainder of the 1992 allocation. According to the latest census information there are 5694 dwelling structures in Morro Bay. This would leave a total of 3297 dwelling units available and a number of commercial structures as well. There are approximately 30 of this year's residential applicants who have not yet submitted retrofit applications and an unknown number of commercial, these off -site retrofits will use a number of structures yet available. However, while there are still sufficient buildings left to be retrofitted to extend the program, the number of "willing" participants may be much less. V. DISTRIBUTION OF WATER FOR 1992 The City on January 13, 1992 by Resolution No. 04-92 allocated full Measure F limits, although withheld any new water allocations. On April 27, 1992, the City Council by Resolution No. 45-92 allocated water through the use of the Off -Site Retrofit Program. The 1992 allocation program allowed the issuance of 50 single-family residential units and twenty-seven multi -family units. On May 19, 1992, Staff initially contacted the first 50 applicants on the Long - Term Waiting List. Applicants were given three (3) months, in accordance with Resolution 45-92, to accept the opportunity to develop their property. Less than 50 applicants responded, and on August 19th, a second group was notified, and provided with a time limit to respond. A third group was notified on October 30th, as there were still less than 50 single family applicants or 27 multi -family units 4 L_J 1992 ANNUAL WATER REPORT DECEMBER, 1992 requested. Status for single family units, as of this date: 4 building permits have been issued; 14 Coastal Development Permits are approved with building permits in process; 10 Coastal Permits are in process of review and approval; and 18 applicants have not yet submitted applications for Coastal Permits (4 of the total 50 properties are outside the Coastal Zone Boundary and therefore do not require CDPs). Status for multi -family units as of this date: Peoples Self Help Housing Corporation has submitted applications for 21 low-income housing units; the remaining 6 units have been offered to the next priority applicants in line and applications have not yet been received. Table 1 shows historical distribution of water equivalencies to projects by type from 1982 to the present, and Table 2 summarizes the distribution of water equivalencies for 1992. The Off -site Retrofit applications which have been approved and/or completed as of this date are summarized on Table 3 , and Table 4 summarizes the number of structures retrofitted through the program. Table 5 indicates Measure "F" Conformance and Table 6 shows projected versus actual population increases. In the past several years, the City Council has waited until near mid -year to make the formal allocation. That coupled with the •variable of the retrofit program and the administrative time -lines for approval of applications to secure water allocations to projects, generally by December 31st, has produced a near impossible ability for applicants to participate in the annual allocations. The following outlines staff's proposed administrative change in these "deadlines" which set an allocation which is consistent with the approved "Model" as well as give applicant's reasonable time limits by which their discretionary approvals must be completed. • Section 13.20.020 B defines Water Equivalency Program as "Administration of Water Equivalencies through the year". 13.20.060 B states that "The annual water equivalency program shall not conflict with the Authorized Water Recovery Allocation Model as approved by the Coastal Commission, while said model remains in effect." Coastal Permit 4-81-309A (1985) contains the Allocation Model which refers to Fiscal Year Quarters (July -June) as the aproved water allocation method. Measure F (Ord 160) states in Section 5 that "Residential building permit approval will follow Coastal Act priorities for water allocation required by Coastal Development Permit 4-81-309A...11. Through our most recent experience and discussions, it appears beneficial to the City as well as to the applicants to return to a Fiscal Allocation Program, and therein to provide reasonable time limits for receiving "completed" application materials. 5 1992 ANNUAL WATER REPORT DECEMBER, 1992 The following is an outline of the proposed Fiscal Allocation Program: 1. By January 15th of each year City Council after review of the Annual Water Report, determines the allocation consistent with Measure F in accordance with Section 13.20.050. 2. February of each year the Community Development Department notifies that number of residential applicants of the ability to apply. Applicants are given 30 days to respond to the offer. 3. Once the CDD receives an affirmative response, an application package is sent to the applicant. The applicant is given three (3) months to have the application found "complete for filing" by the department. The term "complete for filing" means that no additional revisions are necessary for the application to proceed through its required discretionary review. Using this process, the first completed applications would be due in July, the first month of the fiscal year. As applicants fail to respond or drop off the list the subsequent applicants are given the same amount of time to respond and complete the filing period. The benefit to the City is an orderly allocation process. The •benefit to the applicant is a known, reasonable application time table. The process does not conflict with Measure F as no more than the required allocations may be made in any one calendar year. The actual allocation is made by the City Council in January and is administered by staff through the fiscal allocation program. 1] The current allocation program of using the calendar year is not a process which is required by ordinance or resolution. It is a process determined administratively and implemented by previous staff members. Using a calendar year allocation becomes confusing and stressful, with the City Council making its decision in January or anytime after and in the more recent past, March or April. That means that almost half of the year has passed before applicants know if they have an opportunity and leaves them, as is the case this year, with little time to complete their applications. As for the remainder of the 1992 year, it was the Director's Administrative decision to send notices to the applicants as follows: The applicants within the first 50 notified shall be given one additional month to have completed applications or January 1, 1993. The applicants within the second group notified shall have two additional months, or until February 1, 1993. P 1992 ANNUAL WATER REPORT DECEMBER, 1992 3. The applicants in the third group who will be notified the week of October 26th, will be provided 30 days to respond to the invitation to apply and then three months from the date the application package is sent to provide an application "complete for filing". VI. PROJECTED WATER DEMAND/ APPROVED COMMERCIAL PROJECTS The long-term waiting list for water allocations includes 249 units and 290 multi -family units. Were City water supplies capable of responding to this demand, it would take about 5 years to satisfy the demand for single family residences and 15 years to satisfy the demand for the multi -family units. New requests can be added to the waiting list at any time. Commercial development and re -development potential are not reflected on the list, yet could proceed annually in pace with residential development. It is difficult to estimate true demand for commercial development since the constraints due to lack of water undoubtedly have a depressing effect on potential commercial development proposals. • Several major development projects have received various levels of City approval or are currently in process: 1. Sayshore Condominiums (24 yet to be completed) 2. Marina Square 3. Creekside Shopping Center (Tri-W) 4. Cypress Plaza Shopping Center (Halferty) 5. The Market Place (R. Gunther) 6. Cloisters subdivision (120 single family lots) 7. North Point Subdivision (10 single family lots) Permit requests for both commercial and residential projects is at an all-time high. The availability of water to meet the needs of the pending development is one of the most pressing needs of the City. DF/m/annwatdisk/anlrprt.doc • 7 TABLE 11 -1 DISTRIBUTION OF WATER EQUIVALENCY UNITS BY TYPE OF PROJECT 1990-92 OYPE OF NO OF USE PROJECTS 1990 1991 1992 (AS OF 12/1/92) I.COMM "A" 1. Fishing -0- -0- -0- -0- 2. Coast. Dep. -0- -0- -0- -0- 3. Coast/Related -0- -0- -0- -0- 4. Public Serv. -0- -0- -0- -0- 5. Pub/Recreat. -0- -0- -0- -0- 6. Comm/Recreat. -0- -0- -0- -0- 7. VSC Accomod. -0- -0- -0- -0- TOTAL COMM "A" -0- -0- -0- -0- II. COMM. "B" •. Other VSC Uses 2 -0- -0- 1.12 9. Comm & Offic 2 -0- -0- .12 TOTAL COMM "B" 4 -0- -0- 1.24 III. INDUSTRIAL 10.Indust. 1 -0- -0- .43 TOTAL INDUSTRIAL 1 -0- -0- .43 IV.RESIDENTIAL 11. Low/Mod -0- -0- -0- -0- 12. SFR 15 -0- -0- 15.00 13. MFR/No Sub. -0- -0- -0- -0- 14. MFR/Infill -0- -0- -0- -0- 15. MFR /Non-infill -0- -0- -0- -0- TOTAL RESIDENTIAL 15 -0- -0- 15.00 *ALS 1990-92 20 -0- -0- 16.67 TOTALS 1982-92 360 -0- -0- 530.94 TABLE 1 -2 DISTRIBUTION OF WATER EQUIVALENCY UNITS BY TYPE OF PROJECT 1986-1989 OYPE OF NO OF TOTAL USE PROJECTS 1986 1987 1988 1989 ALLOC I.COMM "A" 1. Fishing -0- -0- -0- -0- -0- -0- 2. Coast. Dep. 2 7.69 11.41 -0- -0- 19.10 3. Coast/Related -0- -0- -0- -0- -0- -0- 4. Public Serv. 1 -0- 4.50 -0- -0- 4.50 5. Pub/Recreat. -0- -0- -0- -0- -0- -0- 6. Comm/Recreat. -0- -0- -0- -0- -0- -0- 7. VSC Accomod. 2 -0- -0- -0- 1.44 1.44 TOTAL COMM °A" 5 7.69 15.91 -0- 1.44 25.04 II. COMM. "B" 8. Other VSC Uses 1 .37 .37 •. Comm & Offic 10 3.51 3.75 -0- -0- 7.26 TOTAL COMM "B^ 11 3.51 3.75 37 -0- 7.63 III. INDUSTRIAL 10.Indust. 3 1.95 2.00 .08 -0- 4.03 TOTAL INDUSTRIAL 3 1.95 2.00 08 -0- 4.03 IV.RESIDENTIAL 11. Low/Mod (40 1 -0- -0- 15.00 10.80 25.80 units) 12. SFR 105 9.85 12.84 17.99 25.00 65.68 13. MFR/No Sub. 8 -0- -0- 3.53 1.89 5.42 14. MFR/Infill -0- -0- -0- -0- -0- -0- 15. MFR /Non-infill -0- TOTAL RESIDENTIAL 114 9 85 12 84 36 52 37 69 96.90 TOTALS 1986-89 134 23.00 34.40 36.97 39.13 133.60 TOTALS 1982-89 340 514.27 TABLE 1-3 DISTRIBUTION OF WATER EQUIVALENCY UNITS BY TYPE -OF PROJECT 1982-1985 TYPE OF NO OF TOTAL ALLOC/ TOTAL PROJECTS 1982 1983 1984 1985 ALLOC EXPIR. USED i.CCMM "A" 1. Fishing 22.99 22.99 -22.99 0 2. Coast. Dep. .51 - .51 0 3. Coast/Related 0 0 0 4. Public Serv. 1 4.85 4.85 4.85 S. Pub/Recreat. 1 .10 .10 .10 6. Ccmm/Recreat. 1 4.20 4.20 4.20 7. VSC Accomod. 8 19.80 7.2 48.03 37.54 112.57 112.57 TOTAL COMM "A" 13 20.31 7.2 71.02 46.49 145.22 -23.50 121.72 II. COMM. "B" 8. Other VSC Uses 11 9. Omm & Offic 9 TOO COMM "B" 20 III. INDUSTRIAL 10.Indust. TOTAL INDUSTRIAL .12 5.21 6.60 1.45 13.38 - .15 13.23 -15 7.83 .41 7.52 13.87 - .15 15.76 .27 13.04 7.01 8.97 27.25 - .30 26.95 4 .12 .23 2.65 3.00 - .12 2.88 4 .12 .23 2.65 3.00 - .12 2.88 IV.RESIDENTIAL 11. Low/Mod -0- 12. SFR 154 34.44 43.56 40.48 32.69 151.17 -13.00 138.17 13. MFR/No Sub. 11 1.56 22.00 3.94 27.50 -10.80 16.70 14. MFR/Infill 4 11.29 15.24 26.53 26.53 -0- 15. MFR /Non-infiil -a- TOTAL RESIDENTIAL 169 36.00 76 85 59.66 32.69 205.20 -50.33 154.87 OVIjr TOTALS 206 56.70 97.09 137.92 90.80 380.67 -74.25 306.42 TABLE 2 1992 WATER ALLOCATION SUMMARY FOR WATER DISTRIBUTED • TYPE OF NO. OF PROJECTS EQUIVALENCIES USE AWARDED WATER AWARDED 1. Commercial Fishing 0 0 2. Coastal Dependent/Related 0 0 3. Public Services 0 0 4. Public Recreation 0 0 5. Commercial Recreation 0 0 6. Low -Cost Accommodations 0 0 (Campgrounds) 7. Other Visitor Serving Accomodations 0 0 (Hotels/Motels) 8. Other Visitor Serving Uses 2 1.12 9. Other Commerical/Office Uses 2 .12 • 10. Industrial Uses 0 0 11. Low/Moderate Income Housing 0 0 12. Single Family 15 15 13. Multi -Family (No Subdivision) 0 0 14. Multi -Family (Infill Subdivision) 0 0 15. Multi -Family (Non-Infill Sub) 0 0 16 16.24 AMOUNT AVAILABLE BUT NOT ALLOCATED AS OF DECEMBER 9 1992 Commercial (#1-9) 71.10 equivalencies Industrial (#10) 12.63 Residential 49.58 tables.doc/ TABLE 3 • SUMMARY OF APPROVED RETROFITS 1992 RFT# BLDG. APPLICANT/ PROJECT STRUCTURES EQUIV.NEEDED/ DATE PERMIT SITE DESC. RETROFIT EOUIV.SAVED COMPL ISSUED 01-92 Physical 1 off .25 / .54 6/92 Y R. Dover Therapist 4 res 1085 Kennedy 02-92 SFR 11 res 1 / 2. 8/92 Y W. Crew 461 Kodiak 03-92 Condo Conversion / On -Site Retrofit / Not a Part of 92 allocati S. Greening 440 Shasta 04-92 SFR 14 res 1 / 2 8/92 Y H. Harmon 401 Rennel 05-92 SFR 13 res 1 / 2. 7/92 N J. Tenbroeck 387 Whidbey 41-92 SFR 13 res 1 / 2. 9/92 N E. Orr 1 Comm 1351 Berwick 07-92 Beauty 1 Comm .05 / .07 9/92 Y R. Bartulski Shop on -site 878 Napa 1 comm off -site 08-92 Comm/Retail 1 Restaurant .62 / 1.86 10/92 Y H. Harada 630 Embarcadero 09-92 SFR it res 1 / 2.12 9/92 N A. Deckel 393 Zanzibar 10-92 SFR 14 res 1 / 2 9/92 Y W. Whitaker 2729 Fir 11-92 SFR 14 res 1 / 2.14 10/92 Y J. Butler 1 comm 470 Jamaica 12-92 SFR 11 res 1 / 2 9/92 Y Rowen 5 Oahu WBLE 3 GE TWO RFT# APPLICANT/ PROJECT SITE DESC. 13-92 SFR D. Bonnet 1259 Bolton 14-92 SFR K. Barthels 150 Trinidad 15-92 SFR I. Alley 596 Dawson 16-92 Comm/Retail N. Trust 1000 Quintana 92 SFR Martin 370 Tahiti 18-92 SFR D. Bricker 1365 Berwick 19-92 SFR HA Northington 480 Jamaica 20-92 SFR Bradley/Saurwein 441 Island 21-92 SFR T. Daigle 350 Zanzibar 22-92 SFR SunRise Center 667 Atascadero Rd 23-92 Lt Indust �Blatzer mini -storage 0 Kodiak BLDG. STRUCTURES EQUIV.NEEDED/ DATE PERMIT RETROFIT EOUIV.SAVED COMPL ISSUED 12 res 1 / 2. 10/92 N 12 res 1 / 2 10/92 Y 1 Comm 10 res 1 / 2.5 11/92 N 7 res .50 / 1 9/92 NA a part 1 / 3 10/92 Y of 08-92 12 res 1 / 2.10 N 15 res 1 / 2 10/92 Y 12 res 1 / 2 11/92 N 11 res 1 / 2 11/92 Y 14 res 1 / 2 N 8 res .43 / .86 Y ABLE 3 AGE THREE RFT# APPLICANT/ SITE 24-92 B. Miller 470 Jamaica TOTALS: • • PROJECT STRUCTURES DESC. RETROFIT SFR 6 res 2 restaurant 18 SFR 224 RES 4 COMM 6 COMM 1 INDUSTRIAL 3 RESTAURANT EQUIV.NEEDED/ DATE EQUIV.SAVED COMPL 1 / 3 19.85/ 43.19 BLDG. PERMIT SUED Id 0 TABLE 4 SUMMARY OF STRUCTURES RETROFITTED 1985 - 1992 (Includes Retrofit Upon Transfer) SFR/MFR CHURCH COMM.BLDG MOTEL UNITS PUBLIC/ QUASI PUBLIC YEAR 1985 61 1 15 164 0 1986 718 0 8 114 0 1987 500 0 6 136 0 1988 418 1 9 70 3 1989 342 1 1 74 1 0990 -0- -0- -0- -0- -0- 1991 76 -0- -0- -0- -0- 1992 282 -0- 9 -0- -0- TOTAL 2397 3 48 558 4 tables.doc/ • • TABLE 5 MEASURE "F" CONFORMANCE (To Date) I. RESIDENTIAL DEVELOPMENT WATER EQUIVALENCY UNITS UNITS A. ALLOWABLE Single Family 50 50 Multi -Family 27 14.58 77 64.58 B. ACTUAL Single Family 15 15 Multi -Family -0- -0- 15 15 II. COMMERCIAL/INDUSTRIAL DEVELOPMENT A. ALLOWABLE (130%) X (W.E. allocated to residences) • 1.3 x 64.58 = 84.97 B. ACTUAL Projects WEU new commercial / expansions 2 1.44 industrial -0- -0- tables.doc TABLE 6 PROJECTED GROWTH RATES VERSUS ACTUAL POPULATION INCREASES Measure "F"/ Actual No. of Year LCP Population) Housing Units) 1980 9425 9064 5180 1981 9705 9206 5298 1982 9998 9297 5302 1983 10298 9435 5326 1984 10400 9599 5363 1985 10505 9747 5403 1986 10610 9881 5473 1987 10716 9819 5548 1988 10823 9975 5638 1989 10931 10133 5647 1990 11040 }g3i-7 5694 96642 56942 1991 11150 98063 57603 1992 11262 9806 5760 1993 11489 99234 58374 1994 11489 10184 5914 1995 11604 10316 5991 1996 11720 10446 6068 . 1997 11837 10557 6145 1998 11955 10708 6222 1999 12075 10839 6299 2000 12196 10970 6376 1 Figures are taken from the California Department of Finance "Housing Estimates" report. The figures represent totals as of January 1st of each year indicated. The total number of Housing units includes the addition of all new residential units to the City's Housing Stock, as well as the deduction of all units lost through demolition, removal, or change of use from residential to non-residential 2 This figure comes from the 1990 Census data received April 1, 1990 and represents totals as of January 1, 1990. 3 This figure comes from the 1990 Census data received May 3, 1991, and represents totals as of January 1, 1991. 4 These figures represent growth at projected 77 units per year (70 + 10%), to make up for two years of moratorium on water allocations. The population figure includes an estimated 20% vacancy rate. A lower vacancy rate would result in a higher population. The vacancy rate increased by about 4% between 1980 and 1990. If vacancy rates decrease to the 1980 levels, the year 2,000 • population could increase to about 11,200. tables.doc/ TABLE 7 WATER EXTRACTION DATA 1980 - 1992 (In Acre Feet) CHORRO MORRO YEAR BASIN BASIN TOTAL 1980 1079 572 1651 1981 1143 584 1727 1982(1) 1061 526 1587 1983 995 537 1532 1984 1097 572 1669 1985 1108 582 1690 1986 1059 552 1611 • 1987 1124 531 1655 1988 1120 528 1648 1989 1047 512 1559 1990(2) 963 564 1527 1991(3) 808 449 1256 1992(4) 1055 269 1324 (1) The allocation program was instituted near the end of 1982. (2) 1286 AF potable + 241 AF treated by Reverse Osmosis (3) 1164 AF potable + 92 AF " " of " (4) 1313 " " + 11 AF waterIII:watextbl:dr 0 TABLE 8 CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS HISTORIC WATER DEMANDS FOR THE CITY OF MORRO BAY Total Historic Demand Average Daily In Demand In City In Million Millions Of Year Population Acre -Feet Gallons Gallons 1960 5,599 894 291 0.80 1961 --- 842 274 0.75 1962 --- 999 326 0.89 1963 --- 840 274 0.75 1964 --- 881 287 0.79 1965 6,400 1,000 326 0.89 1966 6,500 1,188 387 1.06 1967 6,600 1,194 389 1.07 1968 6,750 1,298 423 1.16 1969 6,900 1,255 409 1.12 1970 7,109 1,534 500 1.37 1971 7,450 11533 500 1.37 4172 7,517 1,547(1) 504 1.38 973 7,725 1,424 464 1.27 1974 7,942 1,482 483 1.32 1975 8,165 1,510 492 1.35 1976 8,394 1,574 513 1.41 1977 8,525 1,249 407 1.12 1978 8,625 1,430 466 1.28 1979 9,150 1,614 526 1.44 1980 9,064 1,651 538 1.47 1981 9,206 1,727 563 1.54 1982 9,277- 1,586 517 1.42 1983 9,436 1,534 500 1.37 1984 9,599 1,669 544 1.49 1985 9,747 1,691 551 1.51 1986 9,881 1,614 526 1.44 1987 9,825 1,655 539 1.48 1988 9,975 1,648 537 1.47 1989 10,133 1,559 508 1.39 1990 9,664 1,527(2) 498 1.36 1991 9,806 1,256(3) 410 1.12 1992 9,806 11324(4) 432 1.18 1. Includes 58 acre-feet purchased from Whale Rock Reservoir. 2. 1286 AF potable + 241 AF R.O. Treatment 3. 1164 AF potable + 92 AF R.O. Treatment 4. 1313 AF potable + 11 AF R.O. Treatment 4km:LC:ENGR8:HISTORIC [1/5/93] Average Use In Gallons Per Capita Per Day 142 140 163 161 172 162 193 184 184 165 167 165 167 131 148 157 162 168 153 145 155 155 146 150 147 137 141 114 120 n 0 h 0 1� til � 4 t 1 1y �G V� 00 p 11 h 0 FA v '^ ap r _ N O+ N Q N �O f0 m v Pl dP n o a v o h N O N N .a rl b N t0 �O In rl p N N R1 O 1n N N N N 0 O V O V co oe o N N r N A a 01 +1 N 'i rl M co dF H N m� rf t0 to rl t'1 i a, v m in cn m r1 N En a >1 N p N h In w h dP a .7 Y tt/ In b 07 ' ai 01 In In M �O c0 H01 00 11 • Hei ri N - 1: -11 CI � M H H N Y1 h N In G w c0 O 0f O 01 ei 9 •i lu O ti N W b N N W E. rl 'A a 4J ` 00 0 �l ri U Uu a h h O h N W G1 z u m h N N H 343 H R 0 44 a .� N f'! 01 co OP d K p col rn .i h O h Y to �p CD co 0) o N i r b m N N H 10 H U 6 rt at as H n .0 .4(71 N 'P •1 N in in "i 11 rl� v1 rl N r/ N r 41 N U H i64.4 N 0 O �N 040 NW N N D10V 4J 4JL) 3 V U$ 40 w . N 7 d H W M f3 .. 01 H N w 01 -r U a U' 77 V a�OU q H A sJ N W •+ L011v •'1 to Gl to NHa C O p HO N H O 3h� 3 UA BW 0r+•a D. LL z N W RESOLUTION NO.O1-93 COMMENDING THE FREIGHTER PHILADELPHIA SUN FOR RESCUE EFFORTS ON DECEMBER 21, 1992 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 21, 1992 the fishing vessel Platinum of Morro Bay, California, caught fire approximately 22 miles off the coast of Morro Bay causing its two crew members to abandon ship, and, - WHEREAS, the freighter Philadelphia Sun was steaming southbound in the vicinity at the time of the accident and diverted from its course to assist in rescue efforts; and, WHEREAS, the Philadelphia Sun provided fire fighting equipment, search and rescue assistance, positioning of the ship to provide a lee for the fire fighting efforts of the United States Coast Guard and medical assistance and care for one of the rescued crew members, and; WHEREAS, through the combined efforts of the United States Coast Guard and the Captain and crew of the Philadelphia Sun, both crew members of the Platinum were recovered without serious injury, and; • WHEREAS, the time and effort of the Philadelphia Sun's Captain and crew helped in saving a life through their prompt diversion and deployment of their lifeboat which eventually rescued the second crewman lost upon the ocean for over three hours. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay hereby commends and expresses its deepest gratitude to Captain Don Voge and the Crew of the Philadelphia Sun for their lifesaving assistance on December 21, 1992 in the waters off Morro Bay, California; and, BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay requests the Mayor to draft a Letter of Appreciation to the owners of the Philadelphia Sun representing the entire City in an expression of gratitude on the efforts of Captain Voge and his crew. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of January 11, 1993, by the following vote: AYES: Crotzer, Mullen, Luna, Unger and Yates NOES: None ABSENT: None WILLIAM PATES, BRIDGET DAVIS, CITY CLERK