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Resolution 01-96 to 96-96
RESOLUTIONS 1996 NO. TITLE ADOPTED 95-96 Approving Assignment and Assumption Of Lease Site 129W-133W from Milt Guggia Enterprises, Inc. to Ming Dynasty, Inc. 12-09-96 96-96 Rescinding Resolution No. 77-93, and Re-establishing the Order of Business at City Council Meetings, and Setting Certain Rules of Procedure Governing Public Comments and Council Abstentions 12-09-96 n U • • • 18 RESOLUTIONS 1996 NO. TITLE ADOPTED 88-96 Approving a Solid Waste Franchise Agreement Between the City and Morro Bay Garbage Service for the Period of January 1, 1997 Through December 31, 2001 12-09-96 89-96 Ordering the Formation of the North Point Natural Area Landscaping and Lighting Maintenance Assessment District, Confirming Diagram Boundaries and Levying an Assessment 12-09-96 90-96 Reciting the Fact of the General Municipal Election Held in the City on the 5'" Day of November, 1996; Declaring the Results Thereof, and Such Other Matters as are Provided by Law 12-03-96 91-96 Approving Public Area Use Permit No. 1031, The Cal Poly Crew Club Daily Practice 12-09-96 92-96 Granting an Award of Water Equivalency Units for Public Improvements Associated With Tract 1996 — Cloisters Project 12-09-96 93-96 Authorizing Creation of a Chief Harbor Patrol Officer Position and Transferring Existing Fiscal Year 1996/97 Appropriations 12-09-96 = VOID RESOLUTIONS 1996 NO. TITLE ADOPTED 82-96 Declaring the City's Intent to Form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District 11-25-96 83-96 Granting an Exception to the Office Parking Requirements for Marina Square at 601-699 Embarcadero 11-12-96 84-96 Adopting the City's Investment Policy and • Delegating Authority to the City Treasurer To Invest Idle Funds 12-09-96 85-96 Designating the Intersection of Dunes Street And Morro Avenue as a Stop Intersection, And Authorizing and Directing the Installation of Stop Signs on Dunes Street 12-09-96 86-96 Approving Assignment and Assumption of Lease Site 93-95/93 W-95 W from Santa Lucia National Bank to the Held Family Trust and Smith and Hannah Held, and Approval of Assignment of Sublease for a Portion of Lease Site 93-95/93W-95W with Wilhelm and Tina Hoppe from Santa Lucia National Bank to the Held Family Trust and Smith and Hannah Held 11-25-96 87-96 Approving Claims for Transportation Development Act Funding for Fiscal Year 1996/97 12-09-96 C� J • RESOLUTIONS 1996 NO. TITLE ADOPTED 74-96 Opposing Passage of State Proposition 218 On the November 1996 Ballot and Urging Morro Bay Voters to Reject It 10-14-96 75-96 VOID 76-96 Approving the Application for Grant Funds for the Environmental Enhancement and Mitigation Program Under Section 164.56 of the Streets & Highways Code for the Quintana Road Bike Lanes & Riparian • Corridor Enhancement Project — Phase I 10-28-96 77-96 VOID 78-96 Initiating Proceedings to Form a Landscape and Lighting Maintenance Assessment District (Tract 2110 — North Point) 10-28-96 79-96 Approving a Curbside Recycling Franchise Agreement Between the City and RALCCO Recycling for the Period of January 1, 1997 Through December 31, 2001 11-12-96 80-96 Approving Right -of -Way Easement and Agreements Between the City and the State Department of Parks and Recreation for the . Chorro Creek Bridge Area of South Bay Blvd. 11-12-96 81-96 Awarding Contract for the Chorro Creek Revegetation Project to Acacia Landscaping And Erosion Control, Inc. 11-12-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 68-96 Declaring the City's Intention to Form The Cloisters Landscaping and Lighting Maintenance Assessment District 09-09-96 69-96 Approving the Final Map and Subdivision Improvement Agreement for Tract 1996, Acceptance of Offer of Dedication for Lot 121, 122, & 124, and Acceptance of the Offer of Dedication for the Scenic Conservation View Corridor Easement 09-23-96 • 70-96 Expressing Support for the Formation of a Service Authority for Freeway Emergencies (Call Box Program) 09-23-96 71-96 Ordering the Formation of the Cloisters Landscaping and Lighting Maintenance Assessment District, Confirming Diagram Boundaries and Levying an Assessment 09-23-96 72-96 In Support of Chevron Oil Estero Bay Marine Terminal 09-23-96 73-96 Rescinding Resolution No. 41-96, and Settling New Restrictions Prohibiting the Stopping, Parking or Standing of Oversized Vehicles from Designated Areas of the Embarcadero During the Specified Hours/Days 10-14-96 is E C� RESOLUTIONS 1996 NO. TITLE ADOPTED 61-96 Designating Sequoia Street as a Through Street, and Authorizing and Directing the Installation of Stop Signs on all Streets (Alder, Birch, Cedar, Dogwood, Elm, Fir and Hemlock Avenues) Intersecting Sequoia Street 08-26-96 62-96 Prohibiting Parking on Sequoia Street at It's Intersections with Dogwood, Elm, and Fir Avenues, and in the Vicinity of Crosswalks 08-26-96 63-96 Initiating Proceedings to Form a Landscape And Lighting Maintenance Assessment District Pursuant to the "Landscaping and Lighting Act of 1972" 08-26-96 64-96 Prohibiting Skateboarding at the Morro Bay Community Center, Fire Department, and Morro Bay Library 08-26-96 65-96 VOID 66-96 Designating the Intersections of Avalon St. - Ironwood Ave., and Avalon St. — Seaview Ave. as Stop Intersections, and Authorizing And Directing the Installation of Stop Signs On All Entrances to Said Intersections 09-09-96 67-96 VOID RESOLUTIONS 1996 NO. TITLE ADOPTED 55-96 Requesting a Grant in the Amount of $24,400 from the Department of Boating and Waterways for the Development of a Boat Pumpout/Dump Station Facility at Tidelands Park 07-08-96 56-96 Adopting the Operating and Capital Improvement Budgets and Making Appropriations for Fiscal Year 1996/97 07-22-96 57-96 Approving Temporary Placement of • Central Coast Maritime Museum Assoc. Anchor at Tidelands Park 07-22-96 58-96 Adopting the Fiscal Year 1996/97 Master Fee Schedule 07-22-96 59-96 Establishing Council Policy to Review The Master Fee Schedule in Conjunction With the Mid -Year Budget Hearings of Each Year; and Review of the City's Fiscal Year Budget Between May 1 and May 31 of Each Year 08-12-96 60-96 In Support of Senate Bill 900 "The Safe, Clean, Reliable Water Supply Act" 08-26-96 11 • RESOLUTIONS 1996 NO. TITLE . ADOPTED 47-96 Ordering Placed on the Ballot of the Next General Municipal Election an Initiative Measure to Expedite and Create a Community Cablecasting Commission 06-10-96 48-96 Reaffirming Community Support of the Local Commercial Fishing Industry 06-24-96 49-96 Establishing Appropriations Limit for Fiscal Year1996/1997 06-24-96 is 50-96 VOID 51-96 Authorizing Continued Funding for City Operations in Fiscal Year 1996/97 at Levels Authorized for Fiscal Year 1995/96 Pending Adoption of the Fiscal Year 1996/97 Budget 06-24-96 52-96 Confirming the Report of City Staff Regarding The Weed Abatement Procedure and Making Assessments 07-08-96 53-96 Awarding Solid Waste Franchise Agreement To Morro Bay Garbage Service for the Period January 1, 1997 through December 31, 2001 07-08-96 54-96 Awarding Curbside Recycling Franchise Agreement to RALCCO for the Period January 1, 1997 through December 31, 2001 07-08-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 41-96 Prohibiting the Stopping, Parking or Standing of Oversized Vehicles from the Street Ends of Driftwood, Marina, Pacific, Front, and Harbor Streets, West of the Embarcadero During Designated Hours 05-28-96 42-96 Ordering the Dissolution of the Bayshore Bluffs Assessment District 05-28-96 43-96 Approving the Waterfront Master Plan 05-28-96 • 44-96 Awarding the Construction Contract for Project No. 96-34; Chorro Creek Bridge To Nick Pokrajac, Inc. 06-10-96 45-96 Authorizing the Mayor to Execute the Fourth Amendment to Contract No. 91-102-038; $2,000,000 Loan with the Dept. of Boating & Waterways 06-10-96 46-96 Calling a General Municipal Election to Be Held on Tuesday, November 5, 1996 For the Purpose of Electing Certain Officers of Said City; for the Purpose of Voting on a Measure to Adopt an Increase in the City TOT from 9% to 10%; for the Purpose of Voting on a Measure Establishing the Morro Bay Transportation Transactions and Use Tax; and Requesting the Board of Supervisors to Consolidate Said Election With the Consolidated Districts Election to be Held in the County On Tuesday, November 5, 1996; and Other Election Matters as Required by Law 06-10-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 34-96 Awarding Bid No. FD 95-04 for Weed Abatement Services to Morro Creek Nursery 05-13-96 35-96 Supporting Legislation Requiring Insurance Companies to Offer a Reduction in Automobile Insurance Rates for Licensed Drivers of all Ages Who Successfully Complete an Approved Defensive Driving Course (SB 1694) 05-13-96 • 36-96 Authorizing the Mayor to Sign a Contract Amendment Extending the Completion Date of the DBW Grant for Tidelands Park Phase III to May 1, 1997 05-13-96 37-96 Relative to Civility in Politics 05-28-96 38-96 Approving License Agreement Between The City and PG&E for the Operation and Maintenance of City Water Wells 14 & 15 In Lila Keiser Park 05-28-96 39-96 Authorizing Piggy -Back onto a Competitive Bid by the City of Paso Robles for Contract Street Sweeping Services 05-28-96 40-96 Approving Capital Project Funding for Certain Water Division Tasks 05-28-96 RESOLUTIONS 1996 NO. TITLE ADOPTED 28-96 Approving an Application and Contract Execution for Funding from the General Allocation of the State Community Development Block Grant Program, Authorizing the Execution of a Grant Agreement and any Amendments Thereto With the State of California for the Purposes Of this Grant, and Approving the City Contributions of Local Leverage to the Program 03-25-96 • 29-96 In Support of AB 2342; Marine Weather Information, Forecasts or Advisories 03-25-96 30-96 Approving an Interim License Agreement For a Portion of Lease Site 27 W with King Ventures, dba Inn at Morro Bay 04-08-96 31-96 VOID 32-96 Approving Updates to Job Descriptions 05-28-96 33-96 Approving the City's Participation in a Joint Powers Agreement Between the City, County of San Luis Obispo and Five Other Incorporated Cities to Share In the Cost of Preparing a Joint Safety Element Update and Program Level Environmental Impact Report 05-28-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 21-96 Revising the Number of Members and Composition of the Community Promotions Committee 03-25-96 22-96 Declaring Weeds a Nuisance and Potential Fire Hazard and Authorizing the Fire Department to Proceed with Abatement 03-25-96 23-96 Awarding the Construction Contract for Project No. PW 95-03; South Bay Blvd. Reconstruction/Bike Lanes, Phase I to • Madonna Construction 03-25-96 24-96 VOID 25-96 VOID 26-96 Approving Amendment # 1 to Lease of Space on a Portion of Lease Site 93-95/ 93 W-95 W 03-25-96 27-96 Approving 1995 Technical Assistance Grant Application for Community Development Block Grant General Allocation 04-22-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 15-96 Approving Transfer of Shares in Associated Pacific Constructors, Inc. From J. Edward Strasser to Associated Pacific Constructors, Inc., Lessees of Lease Site 51-51/50W-51 W 02-13-96 16-96 Approving a Cooperative Agreement Between the City and the San Luis Obispo Council of Governments Regarding Establishment of a Pavement Management System 02-13-96 • 17-96 Authorizing an Annual Rental Credit To Van Beurden Investments, Inc. for Unanticipated Costs of Maintaining the Public Restroom Located on Lease Site 78-81/78W-81W 02-13-96 18-96 Approving Claims for Transportation Development Act Funding for Fiscal Year 1995/1996 03-11-96 19-96 Amending the Fiscal Year 1995/1996 Master Fee Schedule (Transient Vendor Fee) 03-11-96 20-96 Designating the City Administrator as The City's Authorized Agent for the Filing of Program Supplements With The State Dept. of Transportation 03-11-96 C� • RESOLUTIONS 1996 NO. TITLE ADOPTED 09-96 Authorizing the City Administrator to Execute a Proposition 116 Fund Transfer Agreement with the State Department of Transportation for the South Bay Boulevard Bike Lanes Grant/Construction 01-22-96 10-96 Authorizing the Morro Bay Police Department to Participate in a Multi -Agency DUI Enforcement And Education Grant 01-22-96 11-96 VOID 12-96 Approving Notice of Determination and Negative Declaration for the Siting Element and Summary Plans as Prepared By the San Luis Obispo County Integrated Waste Management Authority 02-13-96 13-96 In Support of the California Seafood Council 02-13-96 14-96 Approving Assignment of Lease Site 52/52W from the Partnership of J. Edward Strasser and Reg Whibley, Sole Owner of Associated Divers 02-13-96 • RESOLUTIONS 1996 NO. TITLE ADOPTED 01-96 VOID 02-96 VOID 03-96 Validating Act in Response to the State Supreme Court Decision in Santa Clara County Local Transportation Authority Vs. Guardino 01-08-96 04-96 Accepting Offers of Dedication of Easements For Reconstruction and Widening of South • Bay Blvd. Between Quintana Rd. and Morro Bay State Park 01-22-96 05-96 Adopting Fiscal Year 1995/1996 Cost Allocation Plan 01-22-96 06-96 Approving the Siting Element and Summary As Prepared by the San Luis Obispo County Integrated Waste Management Authority 02-13-96 07-96 Authorizing Entering into an Agreement With Boyle Engineering Corp. for Twin Bridges Replacement Project Bridge Design Services 01-22-96 08-96 Approving the 1995/1996 Annual Water Progress Report and Adopting a Water Allocation Program for Fiscal Year 1996/97 01-22-96 0 • RESOLUTION NO. 96-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING RESOLUTION NO. 77-93 AND RE-ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS, AND SETTING CERTAIN RULES OF PROCEDURE GOVERNING PUBLIC COMMENTS AND COUNCILMEMBER ABSTENTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code provides the City Council may from time to time prescribe by resolution the order in which the business of their meetings shall be taken up; and WHEREAS, Section 2.08.050 of the Morro Bay Municipal Code permits the City Council to prescribe specific time limits for persons addressing the city Council on City business matters; and WHEREAS, it is necessary and prudent to establish certain procedural rules for the efficient, effective and orderly conduct of the business of the City during meetings of the City Council. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds the above recitation are true and correct and constitute the findings of the City Council in this matter. 2. Order of Business The order of business of the City Council shall be taken up in the following manner: A B C D E F G H I J K L M • Closed Session Establish Quorum and Call Prayer Pledge of Allegiance Thought for the Day Mayor and Councilmembers Public Comment Period Council Declaration of Future Agenda Items Consent Calendar Public Hearings, Reports and Appearances Unfinished Business New Business Adjournment to Order Reports and Presentations • Resolution No. 96-96 Page Two 2. Addressing the City Council Any person wishing to address the City Council will be given the opportunity to do so in accordance with the following procedures: A. Persons wishing to address the City Council on an item which appears on the agenda under Public Hearings, Reports and Appearances shall wait until the matter is announced for consideration and opened to the public, at which time they may address the City Council on that particular item. Public Hearings, Reports, and Appearances will be commenced by the City Council immediately after the Consent Calendar items. B. Persons wishing to address the City Council on an item which appears on the agenda under Consent Calendar, Unfinished Business, New Business, Closed Session, or wishing to offer comments on unagendized City business shall wait until the Public Comment Period is announced • for consideration, at which time they may address the City Council on those particular items. C. Each person addressing the Council shall come forward to the public microphone, shall give his/her name and address for the record, and shall limit their comments to a three (3) minute time period. D. All remarks should be addressed to the Council as a body, and not to any individual member thereof. Questions of Councilmembers or staff shall be asked through the Mayor as presiding officer. The Mayor may limit or end any commentary that is not germane to the business at hand, redundant, or that is scurrilous, abusive, or not in accord with good decorum and order. E. Persons present at Council meetings should avoid interrupting, applauding, or otherwise expressing disruptive approval or disapproval of any statements made or actions taken at such meetings. Any person who continues to violate these rules after warning by the Mayor may be ejected for the remainder of the meeting then in progress. Resolution No. 96-96 Page Three 4. Consent Calendar Items Councilmembers may pull items from this agenda if they require clarification or more information. The Mayor shall have the discretion to designate the placement of the pulled consent item to the appropriate agenda category (i.e. Public Hearing, Unfinished Business, New Business). 5. Abstentions/Failure to Vote Every member of the City Council present at a meeting when a question is put shall vote unless the member abstains from participation therein because of a conflict of interest or the appearance of conflict of interest or unless (s)he is otherwise prohibited by law from participation. Any member abstaining on grounds of conflict or appearance of conflict of interest must so declare at the time the agenda item is called, and then shall remove himself/herself from the City Council dais until deliberation and vote on the specific question is completed. Failure or refusal to vote by a member of the City Council • when present, except for a declared conflict or appearance of conflict of interest, shall be recorded with the majority vote. 6. Suspension of Rules The rules prescribed herein shall not be dispensed with or suspended unless a majority of the members of the City Council present consent by voting thereto. No rule of procedure or order of business herein shall be amended or repealed without notice given and resolution adopted at a subsequent meeting. 7. Resolution No. 77-93 is hereby rescinded and any other resolutions in conflict herewith are superceded by this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of December, 1996 on the following vote: AYES: Elliott, Peirce, Novak NOES: Anderson, Peters ABSENT: None • ATTEST: CATHY NO K, Mayor BRIDGETT ATJER, City Clerk • RESOLUTION NO. 95-96 APPROVAL OF ASSIGNMENT AND ASSUMPTION OF LEASE SITE 129W-133W FROM MILT GUGGIA ENTERPRISES, INC. TO MING DYNASTY, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay holds in trust certain tidelands granted from the State of California, including the property known as Lease Site 129W-133W on the Morro Bay waterfront; and, WHEREAS, a lease was entered into by and between the City of Morro Bay and Milt Guggia for said property on April 1, 1987; and, WHEREAS, Milt Guggia Enterprises, Inc. has requested that their interest in Lease Site 129W-133W be assigned to and assumed by Ming Dynasty, Inc.; and, WHEREAS, the lease agreement requires City approval priot to assignment of the lease agreement. NOW THEREFORE. BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given to assignment of the lease for Lease Site 129W-133W to Ming • Dynasty, Inc. contingent on the following: 1. Tenant's agreement to make necessary repairs to the Lease Site decking, one pile and ice house area; 2. Tenant's agreement to operate a full service fish buying station; and, Submission to the City Attorney, no later than March 9, 1997, acceptable final assignment and assumption documents, including Tenant and assignee's written agreement to conditions 1 and 2 above. The Mayor is hereby authorized to sign said documents after approval of the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of December, 1996, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVAK, MAYOR • BRIDGETT AVER, CITY CLERK • 0 Ming Dynasty Fish Company 290 G. Storke Road Goleta, CA 93117 Tel: (805) 9G8-1308 i it Fax: (805) 9GS-7490 City of Morro Bay Harbor Department 1275 Embarcadero Morro Bay, CA 93442 ATTENTION: Mr. Rick Algert, Harbor Director P 26 1-96 I Ii �✓�/ I 960914-MB-1 RE: Application for Assignment of Lease, City of Morro Bay Lease Sites #129W-#131W Statement of Qualifications, Experience, and Proposed Operation Dear Sir: Ming Dynasty Fish Company is pleased to submit this statement of qualifications, experience, and proposed operation in support of the application for an assignment of lease, City of Morro Bay lease sites, #129W-#131W. Ming Dynasty Fish Company, a California corporation, was incorporated in February 1991 and has continuously operated a wholesale and retail sales business, which includes the storage, processing and distribution of live and fresh seafood for its primary wholesale markets in San Francisco and Los Angeles, California. The company presently operates several small leased storage facilities along the California coast, including a sublease site at Morro Bay, which would be terminated if the referenced sites are assigned to Ming Dynasty Fish Company. Ming Dynasty Fish Company proposes to use the Morro Bay lease sites to increase its storage, processing and distribution facility for its wholesale fish business. Future retail sales, including direct sales to the public, are anticipated. The sites would be managed by a resident of Morro Bay, Mr. Michael Clarke, an experienced employee of Ming Dynasty Fish Company. If there are any questions regarding this submittal, please contact me at your earliest opportunity. //�j'-p Sincerely, CC: Milt Guggia Enterprises, Inc. Wen Hsuing Darrell J. Putnam, Jr., Esq. File • RESOLUTION NO. 93-96 AUTHORIZING CREATION OF A CHIEF HARBOR PATROL OFFICER POSITION AND TRANSFERRING EXISTING FISCAL YEAR 96-97 APPROPRIATIONS 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 finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriations were not made, and WHEREAS, Section 37208 of the California Government code provides the payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payments; and, WHEREAS, the City Council passed Resolution 56-96 adopting the FY96-97 budget; and, • WHEREAS, the City's Harbor Department currently has one employee who is disabled and the Department has identified the need to authorize a new position to maintain their existing level of service while the employee is unable to return to work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a position in the Harbor Department hereinafter called Chief Harbor Patrol Officer at compensation and as described in attachment A, "Chief Harbor Patrol Officer Job Description" is hereby authorized in the FY 96-97. The City Administrator is hereby authorized to transfer necessary funds within the approved FY 96-97 Harbor Department budget. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of December, 1996, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVAK, MAYOR BRIDGETT UER, CITY CLERK • CITY OF MORRO BAY CHIEF HARBOR PATROL OFFICER Under direction to assign and supervise the work of Harbor Patrol Officers engaged in law enforcement work, search and rescue, public assistance, berthing assignments or fee collection, and maintenance in the harbor area; to operate and maintain patrol boats; and to do related work as required. This position reports directly to the Harbor Director. The employee is responsible for scheduling duty hours of Harbor Patrol personnel; periodic employee evaluations; involved in decisions regarding hiring of personnel. pillIN D&I 1. Assigns and supervises Harbor Patrol Officers engaged in the enforcement of • City, County and State laws relating to boating operations, City slips, moorings and transient vessels. 2. Supervises and personally assists in the maintenance of harbor equipment and facilities. 3. Operates and navigates a harbor patrol boat. 4. Initiates, supervises, and assists in a comprehensive preventative maintenance program for harbor patrol boats and equipment. 5. Supervises and assists in the towing of disabled boats, and search for and rescue of persons in distress. 6. Patrols harbor. 7. Trains Harbor Patrol Officers, and establishes and maintains a continuous department training program. 8. Assists other governmental agencies and the public in emergency and non - emergency boating related operations. 9. Assists the Harbor Director with special projects as needed including dredging issues, construction projects; and administrative tasks. 10. Prepares reports as needed. 11. Calculates monthly transient vessel charges. 12. Assists with preparation of department budget. 13. Supervises purchase of all -boating related equipment. 14. May make oral presentations to various individuals, agencies, boards and commissions. • CHIEF HARBOR PATROL OFFICER 15. Prepares harbor patrol officers' work schedule. 16. Performs on -call standby duty a minimum of 50 nights annually and insures proper standby duty scheduling and performance in coordination with Police Department. 17. Perforrs related duties as required. Kf7:mal Cf Y_[I)►�� Principles, procedures and operations of small boats and marine engines; ordinances, regulations, and rules governing the use of the City's harbor facilities; principles of training and supervision. Work independently; plan, organize and supervise the work of personnel engaged in the enforcement of City, County, and State boating laws and involved in emergency boat • rescue, search, and operations; understand, interpret, and explain to the general pubic policies, rules, instructions, laws, and ordinances; operate a patrol boat safely and effectively under routine and adverse sea conditions; remain calm in emergency situations; enforce regulations governing the use of harbor facilities; swim proficiently; administer first aid; prepared accurate reports; use MS-DOS based computer and related word processing software; perform mathematical calculations with speed and accuracy; speak and write effectively; work with local, state, and federal agencies under routine and emergency situations; assist in budget preparation; supervise and train assigned personnel; establish and maintain cooperative working relationships. 1*MF,Ur6r1V.r1 "I Equivalent to graduation from high school; some college preferred. Two years of experience performing duties comparable to that of a Harbor Patrol Officer in the City of Morro Bay. General First Aid, C.P.R., Open Water Diver 1 Certificate; Scuba Certificate preferred. Possession of a valid and appropriate California Driver's license. 40 • CHIEF HARBOR PATROL OFFICER Boat; portable radio; motor vehicle; personal computer, including word processing and billing software; 10-key calculator; telephone. 9 M - I: I D The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to stand; walk; use hands to finger, handle, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; swim; talk or hear; and taste or smell. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or • move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed primarily in office, vehicles, and outdoor settings, in all weather conditions. The employee occasionally works near moving mechanical parts, and is occasionally exposed to wet and/or humid conditions or airborne particles. The noise level in the work environment is usually moderate, except during harbor patrol activities when noise level may be loud. Formal application, rating of education and experience, oral interview and reference check; job related tests may be required. 0 • CHIEF HARBOR PATROL OFFICER The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approved by the Morro Bay City Council on h/jdhpsup • El • RESOLUTION NO. 92-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING FINDINGS GRANTING AN AWARD OF WATER EQUIVALENCY UNITS FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH TRACT 1996 THE CLOISTERS DEVELOPMENT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, in accordance with Coastal Permit 4-81-309A3, Guidelines for Retrofit Programs ("Guidelines"), one-half of the water equivalency units (WEUs) saved which are not used directly by a project shall be held by the City in reserve, as a "bank" of water equivalency credits; and WHEREAS, pursuant to said Guidelines, the City Council may choose at any time to use this bank for allocation to new uses in accordance with the priority and procedures in the City's approved water allocation model; and WHEREAS, there are currently 117.96 WEUs available in the retrofit program bank that may be awarded by the City Council and on November 25, 1996 the City Council received public testimony regarding a request by the representatives of the project known as "Cloisters", hereafter referred to as • "Tract 1996", for an award of water equivalency units from the City's retrofit program bank for the purpose of developing a public park, public rest rooms and restoring wetlands and other open space areas required for Tract 1996 pursuant to the approved final map; and WHEREAS, the plans for the improvements were approved by the City Council on September 23, 1996 along with the approval of the final map for Tract 1996, including the improvements located on Lots 121, 122 and 123 which have been offered for dedication for public use and enjoyment, and upon completion of the improvements will be accepted by the City and the State of California on behalf of the public; and WHEREAS, the City Council determined that the proposed public uses fall within the highest priority for allocation of water under the provisions of the City's approved water allocation model; and WHEREAS, Tract 1996 was approved as a vesting tentative map and in accordance with Government Code Section 66498.1 the developer has a vested right to proceed with the development in substantial compliance with ordinances, policies and standards in effect at the time the project application was deemed complete for processing, in this case July 1990; and WHEREAS, in accordance with Government Code Sections 66498.4 and 66498.9 a property owner may seek and local agencies may grant approvals for development which depart from the ordinances, policies, and standards described in Section 66498.1; and WHEREAS, at the time the map application was vested Resolution No. 18-90 was in effect setting the water availability fee at $3,575 per WEU and the sewer availability fee at $2,750 and subsequently, on February 8, 1993 the City Council approved Resolution No. 08-93 reducing the water •availability fee to $355 per WEU and the sewer availability fee to $2,200 per WEU, said fees which remain in effect upon this date pursuant to the adopted 1996/97 Master Fee Schedule, and are requested by the property owner pursuant to Government Code Section 66498.4; City Council Resolution No. 92-96 • Findings --Award of WEUs to Cloisters December 9, 1996 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The above recitations are accepted as an accurate statement of the Council's findings and actions. 2. The City Council, having considered the testimony and having reviewed the evidence in the record, hereby grants to the developers of Tract 1996 a permanent award of 38.4 WEUs for public park improvements and a temporary award of 16.4 WEUs for wetland restoration from the City's water bank based on the following: A. The award of WEUs is consistent with the priorities for allocation of water identified in the water allocation model contained in approved Coastal Permit 4-81-309A3, including the Guidelines for Retrofit Program. B. The award of WEUs is consistent with the provisions of the Subdivision Map Act Chapter 4.5 - Government Code Sections 66498.1 - 66498.9. C. The award of WEUs is for the purpose of allowing the public improvements portion of Tract 1996 to proceed, those improvements to be dedicated to both the City and the State of California for public use and enjoyment. • NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the water and sewer availability fees shall be assessed in accordance with the adopted 1996/97 Master Fee Schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on December 9, 1996 by the following vote: AYES: Anderson, Peirce, Peters, Novak NOES: Elliott ABSTAIN: None ABSENT: None CATHY NOV K, Mayor City of Morro Bay ATTEST: BRIDGETT BAUER, City Clerk City of Morro .. • RESOLUTION NO. 91-96 A RESOLUTION OF THE CITY COUNCIL APPROVING PUBLIC AREA USE PERMIT NO. 1031 THE CAL POLY CREW CLUB DAILY PRACTICE 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 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 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 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 the Public Area Use Permit No. 1031 for the Cal Poly Crew Club practice from December 1996 _through June 1997. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 9th day of December, 1996 by the following roll call vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None /V", CATHY N VAR MAYOR ATTEST: L! & b,,, BRIDGETT AUER CITY CLERK at.res97-96 • ATTACHMENT "A" The following conditions are placed on the Pubic Area Use Permit No. 1031 for the Cal Poly Crew Club's use of Coleman Park and the harbor for daily practice: 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, must be approved by the City prior to the beginning of practice. 2. Water use at Coleman Park restroom is expected by Cal Poly Crew at a rate of 2 units/month for a seven (7) month period of use. Payment shall be made to the City for this water. 3. 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 7:00 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. • 4. 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. 5. 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. 6. Crew Club shall reduce trash generated during daily practices. Additionally, the Crew Club will provide and pay for trash service at the Crew Club building site and clean up the building site following each practice day. 7. 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. • 8. 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 all team practices from 6:00 a.m. to 9:00 a.m. 9. 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. 10. The Army Corps of Engineers and/or City Contractor performing harbor dredging will be working in the same area and shall have priority over facilities and right-of-way. 11. Crew Club has agreed to assist in doing bank mitigation for the gear storage unit. A timeline shall be determined by the Harbor Director. • a7/plycrew® • By our signatures below we indicate we understand the preceding conditions for Cal Poly Crew use of the harbor and Coleman Park, and accept these conditions. we further acknowledge the city's authority to cancel the Permit issued above and terminate Cal Poly Crew Club's use of the harbor for daily practice for failure to abide by any of the above conditions. Assistant Recreational Sport Director Crew Club President Date -� Recreation � OF lB Y or I, zr rl IJJU PERMIT# 01 r,31 APPLICATION FOR PUBLIC AREA USE PERMIT IVNERAL: NAME Trac,la .DATE aJ . Wet . initial •r a,. r ::? n'r ADDRESS `k7 r--p O L.e.c ro- k 'e PHONE •home ,..work city state zip IF REPRESENTING AN�ORGANIZATION, COMPLETE,,THE,,F,OLLOWING;,; ORGANIZATION NAME 11Profit . PLEASE CHECK BOX., � - PURPOSE OF ORGANIZATION - „ jdnonprofit IRS Number (if non-profit) " Applicants relationship to Organization PfV-'; fan+ " EVENT INFORMATION: "' •�" WILL FEE BE CHARGED? I lyes Vno EVENT DATE t�e� In — -1�kne �-�. 19 Ip-� If yes, please explain the purpose and amount of tee. EVENTTYPE Pra(i"I ('(_ (dance, meeting, etc.) 00 ' OO am HOURS �', to (PLEASE, INCLUDE PREPARATION &CLEAN-UPTIME) pm . -, �. umn, , i .... , I , ... .. • � iC:: . ^�r9H , .'ESTIMATED ATTENDANCE:; Adults. Will alcphol b. served? I IYes, Del no % attend ing that ara Morro, Baylresidents? Youth Is electricity required? I ]yes Ono Willa live band'be performing? I lYlis'")(1 no"YLp.'" Total SITE INFORMATION: " OR PARK AREA REOUESTED PW rnL C s.. .. I I yes I4no City streets and or parking areas must be closed for this event. I 1 yes K no Temporary structures are to be built for this event. Xyes. ono Open flames, refueling of vehicles or other fire hazards exist for this event. EQUIPMENT REQUESTED: Check all that apply - [ ]chairs I Icones [ ]barricades [ (podium I ] kitchen utensils I (garbage cans I ] tables I I flashers [ I PA system I I bases [ ] scoreboard [ ] concession building, [ Iother, specify AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall assume all risks for loss, damage, liability, injury, cast or expense that may occur during or as a result of the use listed above; the applicant further agrees that in consideration of permission to use the.City property above; he/she or the organization will save, defend, and hold the City of Marro Bay and/or their employees free and harmless from any loss, claims, liability or damages, and/or injuries to persons and property that in anyway may be caused by the applicants use or occupancy of said property, the applicant further agrees to be personally responsible for anydamage sustained to the grounds, building, fixtures or equipment, as a result of their use of City property. The applicant further certifies thathe/she has read the n leson the reverse side and agrees to abide by them. DateIllb-cqq& Signature (/41�OM.� NOTE: THIS APPLICATION MUST BE ACCOMPANIED BY A DEPOSrAO RECONSIDERED FORA VAL. CHARGES AND FEES DUE 15 DAYS PRIOR TO USE. DEPARTMENT APPROVAL - Office Use Only ' Department [ Iyes I ]no [ lwithconditions Signed: Conditions: 1. Z t 3. .AEATI ON AND PARKS SUMMARY - Do Not Write FEE SUMMARY ' FEE ASSIGNMENTS: @ Depmh Received I I S 1. $ _ $ 4. @ $ _ $ Deposit Check Resumed I I Fees Received I I E 3. @ $ _ $ 6; @ $ _ $ Insurance Can. I I S Permit Approved:. Date Recreation and Parks Director White - Office Canary - Applicant • RESOLUTION NO. 90-96 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 5TH DAY OF NOVEMBER, 1996; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a .regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of November, 1996 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General • Municipal Election consolidated with the Statewide General Election held on November 5, 1996, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That there were nine voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: ♦ A Mayor of said City for the full term of two years; ♦ Two members of the City Council of said City for the full terms of four years. • 3. That said general municipal election was also held for the purpose of voting on the following measures as submitted to the electors of said City: • Resolution No. 90-96 Page Two MEASURE "L" - COMMUNITY CABLECASTING COMMISSION Shall an Ordinance be enacted to create a Community Cablecasting Commission? MEASURE "M" - TRANSACTIONS AND USE TAX Shall the Morro Bay Municipal Code be amended to add Chapter 3.22, imposing a transactions and use tax in the amount of one-half of one percent? MEASURE "N" - TRANSIENT OCCUPANCY TAX RATES Shall the Ordinance amending Section 3.24.030 of the Morro Bay Municipal Code to increase the Transient Occupancy Tax ("bed tax") from nine percent (9t) to ten percent (l00) be adopted? 4. That the names of the persons voted for at said election for the Mayor are as follows: Susan Mullen • Cathy Novak Ahnawake Unger 5. That the names of the persons voted for at said election for Councilmember of said City are as follows: Colby Crotzer Dave Elliott Steve Mathieu William "Bill" Peirce 6. The City Council does declare and determine that: CATHY NOVAK was elected as Mayor of said City for the full term of two years. DAVE ELLIOTT was elected as Councilmember of said City for a full term of four years. WILLIAM "BILL" PEIRCE was elected as Councilmember of said City for a full term of four years. The required number of qualified voters voting on MEASURE "L" relating to Community Cablecasting Commission did not vote in favor thereof, and said measure failed. . Resolution No. 90-96 Page Three The required number of qualified voters voting on MEASURE "M" relating to a Transactions and Use Tax in the amount of one-half of one percent did not vote in favor thereof, and said measure failed. The required number of qualified voters voting on MEASURE "N" relating to'the increase in Transient Occupancy Tax from nine percent (9°6) to (1016) did vote in favor thereof, and said initiative was carried. 7. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. 8. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 9. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the • Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 3rd day of December, 1996 on the following vote: AYES: Anderson, NOES: None. ABSENT: None Crotzer, Novak, Unger, Yates A TEST: • BRIDGETT BAUER, City Clerk CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 5, 1996 CITY OF MORRO BAY STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder, of the County of San Luis Obispo, State • of California, do hereby certify that pursuant to law, I did canvass the returns of the above - referenced election held in said City of Morro Bay on November 5, 1996, and that a photocopy of the Statement of Votes Cast (the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate for the office of Mayor and Member of the City Council, and that the total votes shown for and against each candidate for the office of Mayor and Member of the City Council in said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 21st clay of November, 1996. J LI L. RODEWALD, County Clerk -Recorder 0 CITY OF MORRO BAY 11-5-96 MAYOR Page 13. 1 Precinct Voters Trnout Pct 1 ________ --- _________ ______ ______ _____ ______ ON PRECINCT 38 958 498 52.0 25 CON PRECINCT 39 880 463 52.6 19 CON PRECINCT 40 945 502 53.1 23 CON PRECINCT 41 988 514 52.0 26 CON PRECINCT 42 858 457 53.3 29 CON PRECINCT 43 707 403 57.0 17 CON PRECINCT 44 657 381 58.0 14 CON PRECINCT 45 810 416 51.4 3 ABSENTEE CON 38 0 209 0.0 6 ABSENTEE CON 39 0 241 0.0 6 ABSENTEE CON 40 0 230 0.0 11 ABSENTEE CON 41 0 219 0.0 14 ABSENTEE CON 42 0 184 0.0 6 ABSENTEE CON 43 0 155 0.0 2 ABSENTEE CON 44 0 161 0.0 3 ABSENTEE CON 45 0 223 0.0 12 MORRO BAY 01 0 0 0.0 0 Precinct Totals 6803 3634 53.4 156 Absentee Totals 0 1622 0.0 60 Total Votes 6803 5256 77.3 216 • -------------------------- 1 : MAYOR CITY OF MORRO BAY Blank Votes 2: MAYOR CITY OF MORRO BAY Over Votes 3: MAYOR CITY OF MORRO BAY AHNAUAKE UNGER --------------------- 2 3 4 5 6 7 8 9 10 11 12 0 111 198 164 ------ -••--- ------ ------ ------ 0 0 129 17B 132 5 0 104 217 158 0 0 139 203 145 1 2 107 163 154 2 2 103 137 141 3 1 91 129 146 0 0 120 154 138 1 0 51 82 70 0 2 79 93 60 1 1 54 91 72 1 0 54 102 46 3 0 45 85 47 1 2 56 42 52 1 0 42 63 53 0 0 60 79 71 2 0 0 0 0 0 5 904 1379 1178 12 5 441 637 471 9 10 1345 2016 1649 21 ________________ C O L U M N L E G E N D______________-________________________-__---______ 4: MAYOR 7: 10: CITY OF MORRO BAY CATHY NOVAK I 5: MAYOR CITY OF MORRO BAY SUSAN MULLEN 6: MAYOR 9: 12: CITY OF MORRO BAY Uritein Votes CITY OF MORRO SAY 11-5-96 MAYOR Page 13. R E C A P ----- Voters ----0 Trnout ------0 Pct ----- ------0 1 ------0 2 3 ------0 4 ------0 5 ------0 ------0 6 7 8 9 10 11 12 OTAL DIST 1 SUPERVISOR 0 0 0.0 0 0 0 0 0 ------ ------ ------ ------ - ----- 0 TOTAL DIST 2 SUPERVISOR 6803 5256 77.3 216 10 1345 2016 1649 21 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 216 10 1345 2016 1649 21 CONGRESSIONAL DIST 22 6803 5256 77.3 216 10 1345 2016 1649 21 STATE SENATOR DIST 18 6803 5256 77.3 216 10 1345 2016 1649 21 ASSEMBLY DISTRICT 33 6803 5256 77.3 216 10 1345 2016 1649 21 STATE BRD OF EQUAL 2 6803 5256 77.3 216 10 1345 2016 1649 21 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 CITY OF MORRO BAY 6803 5256 77.3 216 10 1345 2016 1649 21 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 216 10 1345 2016 1649 21 • -------------------------------------------------- C 0 L U M N L E G E N D -------------------------- 1: MAYOR 4: MAYOR 7: 10: CITY OF MORRO BAY CITY OF MORRO SAY Blank Votes CATHY NOVAK 2: MAYOR 5: MAYOR 8: 11: CITY OF MORRO BAY CITY OF MORRO BAY Over Votes SUSAN MULLEN 3: MAYOR 6: MAYOR 9: 12: CITY OF MORRO BAY CITY OF MORRO BAY AHNAVAKE UNGER Yritein Votes ---------------------------------------------------------------------------------------------------- CITY OF MORRO BAY 11-5-96 MEMBER OF CITY COUNCIL Page 14. 1 Precinct Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 11 12 '--'----- "'-" --'--- ----- ------ ----" _..-6- ---'-- ---"-4 -"--- ------ ------ "'--- ------ ------ ------ N PRECINCT 38 958 498 52.0 31 2 168 175 224 220 0 CON PRECINCT 39 880 463 52.6 29 0 182 216 181 185 2 CON PRECINCT 40 945 502 53.1 32 1 213 218 191 205 0 CON PRECINCT 41 988 514 52.0 33 0 206 258 176 180 1 CON PRECINCT 42 858 457 53.3 44 2 164 188 178 183 4 CON PRECINCT 43 707 403 57.0 21 1 129 162 176 204 1 CON PRECINCT 44 657 381 58.0 13 2 136 142 168 193 0 CON PRECINCT 45 810 416 51.4 21 0 203 213 148 164 2 ABSENTEE CON 38 0 209 0.0 17 1 96 83 78 82 0 - ABSENTEE CON 39 0 241 0.0 8 0 124 110 98 86 0 ABSENTEE CON 40 0 230 0.0 10 0 113 109 84 88 1 ABSENTEE CON 41 0 219 0.0 11 0 114 113 66 79 3 ABSENTEE CON 42 0 184 0.0 8 0 87 90 70 80 0 ABSENTEE CON 43 0 155 0.0 6 0 71 66 62 70 0 ABSENTEE CON 44 0 161 0.0 6 0 71 83 49 67 0 ABSENTEE CON 45 0 223 0.0 15 0 ill 94 82 90 0 MORRO BAY 01 0 0 0.0 0 0 0 0 0 0 0 Precinct Totals 6803 3634 53.4 224 8 1401 1572 1442 1534 10 Absentee Totals 0 1622 0.0 81 1 787 748 589 642 4 Total Votes 6803 5256 77.3 305 9 2188 2320 2031 2176 14 • _____________________________ 1: MBR CITY COUNCIL CITY OF MORRO BAY Blank Votes 2: HER CITY COUNCIL CITY OF MORRO BAY Over Votes 3: MBR CITY COUNCIL CITY OF MORRO BAY I DAVE ELLIOTT ________________________ _______________ C 0 L U M N L E G E N D__________--_---_____________________-_---_________ 4: MBR CITY COUNCIL 7: MBR CITY COUNCIL 10: CITY OF MORRO BAY CITY OF MORRO BAY WILLIAM BILL PEIRCE Writein Votes 5: MBR CITY COUNCIL 8: 11: CITY OF MORRO BAY STEVE MATHIEU I 6: MBR, CITY COUNCIL 9: 12: CITY OF MORRO BAY COLBY CROTZER CITY OF MORRO BAY 11-5-96 MEMBER OF CITY COUNCIL Page 14. R E C A P ------------------ Voters ------ Trnout ------ Pct ----- ------ 1 ------ 2 3 ------ 4 ------ 5 ------ 6 7 8 9 10 11 12 10 OTAL DIST 1 SUPERVISOR 0 0 0.0 0 0 0 0 0 ------------ 0 ------------ -•---- ------ ------ 0 TOTAL DIST 2SUPERVISOR 6803 5256 77.3 305 9 2188 2320 2031 2176 14 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 305 9 2188 2320 2031 2176 14 CONGRESSIONAL DIST 22 6803 5256 77.3 305 9 2168 2320 2031 2176 14 STATE SENATOR DIST 18 6803 5256 77.3 305 9 2188 2320 2031 2176 14 ASSEMBLY DISTRICT 33 6803 5256 77.3 305 9 2188 2320 2031 2176 14 STATE BRD OF EQUAL 2 6803 5256 77.3 305 9 2188 2320 2031 2176 14 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF MORRO BAY 6803 5256 77.3 305 9 2188 2320 2031 2176 14 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 305 9 2188 2320 2031 2176 14 • ----------------------------- 1: MBR CITY COUNCIL CITY OF MORRO BAY Blank Votes 2: MBR CITY COUNCIL CITY OF MORRO BAY Over Votes 3: MBR CITY COUNCIL CITY OF MORRO BAY DAVE ELLIOTT i• --------------- C 0 L U M N L E G E N D -.....--------------------------- 4: MBR CITY COUNCIL 7: MBR CITY COUNCIL 10: CITY OF MORRO BAY CITY OF MORRO BAY WILLIAM BILL PEIRCE Writein Votes 5: MBR CITY COUNCIL 8: 11: CITY OF MORRO BAY STEVE MATHIEU 6: MBR CITY COUNCIL 9: CITY OF MORRO BAY COLBY CROTZER 12: CJ CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLH)ATED GENERAL ELECTION NOVEMBER 5, 1996 CITY OF MORRO BAY - MEASURE "L" STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above • referenced election in the City of Morro Bay on November 5, 1996, and that a photocopy of the Statement of Votes Cast (the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "L", and that the totals shown for and against said Measure "L" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "L": "Shall an ordinance be enacted to create a Community Cablecasting Commission?" WITNESS, my hand and Official Seal this 21st day of November, 1996. J L1 L. RODEWALD, County Clerk -Recorder MEASURE L - CITY OF MORRO BAY 11-5-96 CREATE COMMUNITY CABLECASTING COMMISSION Page 66. 1 iseclnct ------- Voters ------ Trnout -•---- Pct ----- ------ 1 ------ 2 3 ------ ------ 4 5 6 7 8 9 10 11 12 -•---- ------ CON PRECINCT 38 958 498 52.0 41 1 135 ------ ---•'- 321 CON PRECINCT 39 880 463 52.6 51 0 131 281 CON PRECINCT 40 945 502 53.1 58 0 141 303 CON PRECINCT 41 988 514 52.0 53 0 128 333 CON PRECINCT 42 858 457 53.3 54 0 126 278 CON PRECINCT 43 707 403 57.0 42 0 100 261 CON PRECINCT 44 657 381 58.0 29 0 84 268 CON PRECINCT 45 810 416 51.4 24 0 86 306 ABSENTEE CON 38 0 209 0.0 14 0 59 136 ABSENTEE CON 39 0 241 0.0' 18 0 64 158 ABSENTEE CON 40 0 230 0.0 27 0 53 150 ABSENTEE CON 41 0 219 0.0 24 0 67 128 ABSENTEE CON 42 0 194 0.0 17 0 51 116 ABSENTEE CON 43 0 155 0.0 15 1 43 96 ABSENTEE CON 44 0 161 0.0 15 0 32 114 ABSENTEE CON 45 0 223 0.0 21 0 57 146 MORRO SAY 01 0 0 0.0 0 0 0 0 Precinct Totats 6803 3634 53.4 352 1 931 2351 Absentee Totals 0 1622 0.0 151 1 426 1044 Totat Votes 6803' 5256 77.3 503 2 1357 3395 • -------------------------------------------------- C 0 L U M N L E G E N D --------------------------------------------------- 1: MEASURE L 4: MEASURE L 7: 10: CABLECASTING COMMISSION CABLECASTING COMMISSION Blank Votes NO 2: MEASURE L 5: 8: 11: CABLECASTING COMMISSION Over Votes 3: MEASURE L 6: 9: 12: CABLECASTING COMMISSION YES 1-0 MEASURE L - CITY OF MORRO BAY 11-5-96 CREATE COMMUNITY CABLECASTING COMMISSION Page 66. E C A P ---------------------- Voters ------ Trnout -""- Pct ----• 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL DIST 1 SUPERVISOR 0 0 0.0 0 0 0 _ ____ _ 0 TOTAL DIST 2 SUPERVISOR 6803 5256 77.3 503 2 1357 3395 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 503 2 1357 3395 CONGRESSIONAL DIST 22 6803 5256 77.3 503 2 1357 3395 STATE SENATOR DIST 18 6803 5256 77.3 503 2 1357 3395 ASSEMBLY DISTRICT 33 6803 5256 77.3 503 2 1357 3395 STATE BkD OF EQUAL 2 6803 5256 77.3 503 2 1357 3395 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 CITY OF MORRO BAY 6803 5256 77.3 503 2 1357 3395 ' CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 503 2 1357 3395 • _______________________ C O L U M N L E G E N D ________________________-___ 1 1: MEASURE L 4: MEASURE L 7: 10: CABLECASTING COMMISSION Blank Votes 2: MEASURE L CABLECASTING COMMISSION Over Votes 3: MEASURE L CABLECASTING COMMISSION jWS ---------------------------- 5: 6: CABLECASTING COMMISSION NO 8: 11: 9: 12: • CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 5, 1996 CITY OF MORRO BAY - MEASURE "M" STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above • referenced election in the City of Morro Bay on November 5, 1996, and that a photocopy of 0 the Statement of Votes Cast (the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "M", and that the totals shown for and against said Measure "M" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "M": "Shall the Morro Bay Municipal Code be amended to add Chapter 3.22, imposing a transactions and use tax in the amount of one-half of one percent?" y hand and Official Seal this 21st day of November, 1996. JU _IE . RODEWALD, County Clerk -Recorder MEASURE M - CITY OF MORRO BAY 11-5-96 TRANSACTION AND USE TAX Page 67. 1 ecinct Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 11 12 ------ ------ ------ ------ ------ ------ ------ CON PRECINCT 38 ----- 958 ------ 498 ----- ------ 52.0 ------ 38 ------ 0 117 ------ ------ ------ 343 CON PRECINCT 39 880 463 52.6 51 0 122 290 CON PRECINCT 40 945 502 53.1 61 0 113 328 CON PRECINCT 41 988 514 52.0 49 1 115 349 CON PRECINCT 42 858 457 53.3 54 0 109 295 CON PRECINCT 43 707 403 57.0 49 1 71 282 CON PRECINCT 44 657 381 58.0 31 1 92 257 CON PRECINCT 45 810 416 51.4 27 0 132 257 ABSENTEE CON 38 0 209 0.0 13 0 48 148 ABSENTEE CON 39 0 241 0.0 18 1 44 177 ABSENTEE CON 40 0 230 0.0 14 1 56 159 ABSENTEE CON 41 0 219 0.0 16 0 47 156 ABSENTEE CON 42 0 184 0.0 14 0 42 128 ABSENTEE CON 43 0 155 0.0 7 0 50 98 ABSENTEE CON 44 0 161 0.0 10 0 35 116 ABSENTEE CON 45 0 223 0.0 19 0 55 150 MORRO BAY 01 0 0 0.0 0 0 0 0 Precinct Totals 6803 3634 53.4 360 3 871 2401 ' Absentee Totals 0 1622 0.0 Ill 2 377 1132 Total Votes 6803 5256 77.3 471 5 1248 3533 • -------------------------------------------------- C 0 L U M N L E G E N D --------------------------------------------------- 1: MEASURE M 4: MEASURE M 7: 10: TRANSACTIONS/USE TAX TRANSACTIONS/USE TAX Blank Votes NO I 2: MEASURE M 5: 8: 11: TRANSACTIONS/USE TAX Over Votes 3: MEASURE M 6: 9: 12: TRANSACTIONS/USE TAX YES ________________________---------____----_-.------------____---------___-___--..---------------------------------I MEASURE M - CITY OF MORRO BAY 11-5-96 TRANSACTION AND USE TAX Page 67. �E C A P ------ Voters ----- Trnout Pet ----- ------ 1 2 3 4 5 6 7 8 9 ------ ------ ------ TOTAL DIST 1 SUPERVISOR 0 ----- 0 0.0 ------ 0 ----• 0 0 ------ ------ ---•-- --- 0 TOTAL GIST 2 SUPERVISOR 6803 5256 77.3 471 5 1248 3533 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 471 5 1248 3533 CONGRESSIONAL DIST 22 6803 5256 77.3 471 5 1248 3533 STATE SENATOR DIST 18 6803 5256 77.3 471 5 1248 3533 ASSEMBLY DISTRICT 33 6803 5256 77.3 471 5 1248 3533 STATE BRD OF EQUAL 2 6803 5256 77.3 471 5 1248 3533 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 CITY OF MORRO BAY 6803 5256 77.3 471 5 1248 3533 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 .0 0.0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 UNINCORPORATED 0 0 0- 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 471 5 1248 3533 • ------------------------- 1: MEASURE M TRANSACTIONS/USE TAX Blank Votes 2: MEASURE M TRANSACTIONS/USE TAX Over Votes 3: MEASURE M TRANSACTIONS/USE TAX •YES _________________________ ________________________ C 0 L U M N L E G E N D _____.__________________ 4: MEASURE M 7: 10: TRANSACTIONS/USE TAX NO 5: 8: 6: 9: 11: 12: 10 11 12 __ ______ ______ • CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 5, 1996 CITY OF MORRO BAY - MEASURE "N" STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above • referenced election in the City of Morro Bay on November 5, 1996, and that a photocopy, of • the Statement of Votes Cast (the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "N", and that the totals shown for and against said Measure "N" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "N": "Shall the Ordinance amending Section 3.24.030 of the Morro Bay Municipal Code to increase the Transient Occupancy Tax ("bed tax") from nine percent (9%) to ten percent (10%) be adopted?" i hand and Official Seal this 21st clay of November, 1996. L. 1111 IE RODEWLD, County Clerk -Recorder . MEASURE N - CITY OF MORRO BAY 11-5-96 INCREASE TRANSIENT OCCUPANCY TAX Page 68. 1 �ecinct _____ Voters Trnout Pct _____ 1 2 3 4 5 6 7 8 9 10 11 12 CON PRECINCT 38 ------ 958 ------ 498 52.0 33 1 296 168 CON PRECINCT 39 880 463 52.6 33 2 285 143 CON PRECINCT 40 945 502 53.1 49 0 289 164 CON PRECINCT 41 988 514 52.0 40 0 262 212 CON PRECINCT 42 858 457 53.3 45 0 237 176 CON PRECINCT 43 707 403 57.0 37 1 231 134 CON PRECINCT 44 657 381 58.0 25 1 229 126 CON PRECINCT 45 810 416 51.4 22 0 265 129 ABSENTEE CON 38 0 209 0.0 6 0 120 83 ABSENTEE CON 39 0 241 0.0 14 0 153 73 ABSENTEE CON 40 0 230 0.0 8 1 120 101 ABSENTEE CON 41 0 219 0.0 14 0 116 89 ABSENTEE CON 42 0 184 0.0 7 0 124 53 ABSENTEE CON 43 0 155 0.0 5 0 102 48 ABSENTEE CON 44 0 161 0.0 9 1 82 69 ABSENTEE CON 45 0 223 0.0 13 0 133 78 MORRO BAY 01 0 0 0.0 0 0 0 0 Precinct Totals 6803 3634 53.4 284 5 2094 1252 Absentee Totals 0 1622 0.0 76 2 950 594 Total Votes 6803 5256 77.3 360 7 3044 1846 • __________________________________________________ C 0 L U M N L E G E N D __________________---------__________________-_---- 1: MEASURE N 4: MEASURE N 7: 10: OCCUPANCY TAX INCREASE OCCUPANCY TAX INCREASE Blank Votes NO 2: MEASURE N 5: 8: 11: OCCUPANCY TAX INCREASE Over Votes 3: MEASURE N 6: 9: 12: OCCUPANCY TAX INCREASE YES I�"'___________--"_______----"'____________________________________________________--"_______---"'----------------------__I MEASURE N - CITY OF MORRO BAY 11-5-96 INCREASE TRANSIENT OCCUPANCY TAX Page 68. sE C A P ------ Voters Trnout ------ Pct ----------- 1 ------ 2 3 ------------ 4 5 6 7 8 9 10 11 12 ------------------------ TOTAL DIST 1 SUPERVISOR 0 0 0.0 0 0 0 ------------------ ------ 0 TOTAL DIST 2 SUPERVISOR 6803 5256 77.3 360 7 3044 1846 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 360 7 3044 1846 CONGRESSIONAL DIST 22 6803 5256 77.3 360 7 3044 1846 STATE SENATOR DIST 18 6803 5256 77.3 360 7 3044 1846 ASSEMBLY DISTRICT 33 6803 5256 77.3 360 7 3044 1846 STATE BRO OF EQUAL 2 6803 5256 77.3 360 7 3044 1846 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 ' CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 CITY OF MORRO BAY 6803 5256 77.3 360 7 3044 1846 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 TOTAL VOTERS 6803 5256 77.3 360 7 3044 1846 ------------------------------ 1: MEASURE N OCCUPANCY TAX INCREASE Btank Votes 2: MEASURE N OCCUPANCY TAX INCREASE Over Votes 3: MEASURE N OCCUPANCY TAX INCREASE I• YES ______________________________ I _______________ C 0 L U M N L E G E N D___________________-_______________________________ 4: MEASURE N 7: 10: OCCUPANCY TAX INCREASE NO 5: 8: 11: 6: 9: 12: 0 RESOLUTION NO. 89-96 A RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY ORDERING THE FORMATION OF THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 28, 1996 the City Council, upon written request of all property owners of the North Point sub -division did adopt Resolution No. 78-96 declaring the Council's intent to form a Landscaping and Lighting Maintenance Assessment District to maintain the North Point Natural Area; and WHEREAS, a public hearing to hear all protests as to the formation of said district was scheduled for December 9, 1996 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners in • the proposed district regarding the proposed assessment and listing the date, time and location of the protest hearing; and WHEREAS, the City Council did hear objections of all interested parties as to the formation of the proposed assessment district on December 9, 1996 at the Veteran's Memorial Building; and WHEREAS, no objections from property owners within the proposed district were received by the City Council prior to, or during the public hearing on December 9, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the formation of the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of $5,645 for the initial year assessment is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the first year and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. • •Resolution No. 89-96 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of December, 1996 by the following roll call vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: LL43P \&�� • BRIDGET AUER CITY CLEKK u/w/wunciU=89-96 E N CATHY N VAK MAYOR RESOLUTION NO.88-96 • A RESOLUTION APPROVING A SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE SERVICE FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 2001 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, hereinafter referred to as "City" entered into an exclusive Franchise Agreement with Morro Bay Garbage Service for mandatory refuse collection within City limits commencing January 1, 1997 and terminating December 31, 1996; and WHEREAS, City solicited Request for Proposals (RFP) and said RFP has been completed and the City Council has determined it is in the public interest to enter into a Solid Waste Franchise Agreement with Morro Bay Garbage Service, hereinafter referred to as "Contractor," for the period January 1, 1997 through December 31, 2001; and WHEREAS, Contractor has the management and technical personnel and other assets to provide said solid waste services; and WHEREAS, City desires to retain Contractor to provide such solid waste services; and WHEREAS, Contractor desires to provide such solid waste services to City during the term of the Solid Waste Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Solid Waste Franchise Agreement with Morro Bay Garbage Service for the period January 1, 1997 through December 31, 2001, with an option at the City's sole discretion to renew said Agreement for an addition three (3) years, attached hereto and incorporated herein by reference, is hereby approved. 2. The collection rates will be the same as those effective September 1, 1995 with the addition of a three can automated service for $14.85 per month. 3. The City Administrator is hereby authorized to execute said agreements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of December, 1996 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None IV CATHY NOVAK, Mayor ATTEST: BRIDGETT IOUER, City Clerk + MORRO BAY GARBAGE SERVICE SOLID WASTE COLLECTION RATES" EFFECTIVE JANUARY 1, 1997 MSIDENDAL RATES rvic : Rate In -Yard Ralt Curb Service- $14.85 1 can $17.65 Up to 6 cans/Week 2 cans $24.20 3 cans $30.60 Three can automated $14.85 4 cans $37.20 5 cans $43.75 1-Can Option $10.00 6 cans $50.30 (Curb or Automated) Orange Bag Option $1.10Bag & $1.70/Month COMMERCIAL RATES Special Overload Bin Service Frequency of Pickups/Week Pickup Pickup lx 2x 3-X 4x Sx 6x 1 yd. bin $46.00 $73.00 $95.00 $120.00 $139.00 $174.00 $19.00 $16.00 1.5yd bin 57.00 96.00 130.00 166.00 200.00 239.00 20.00 19.00 yd. bin 69.00 123.00 166.00 212.00 260.00 308.00 22.00 22.00 3 yd. bin 90.00 166.00 235.00 299.00 388.00 448.00 31.00 28.00 4 yd. bin 120.00 226.00 315.00 422.00 529.00 599.00 41.00 38.00 Can Service Frequency of Pickups/Week 2x �3x 4x 5A 1 can $15.00 $34.00 $46.00 $58.00 $77.00 $96.00 2 cans 24.00 46.00 69.00 95.00 120.00 141.00 3 cans 34.00 63.00 95.00 128.00 157.00 193.00 4 cans 38.00 74.00 112.00 150.00 184.00 223.00 5 cans 41.00 84.00 125.00 168.00 211.00 253.00 SPECIAL SERVICES Extra bin cleaning $3 1.00/cleaning Reinstatement $49.00 Special Pickup $8.00/yard NOTE: All rates are monthly, except as noted. Jb:jenemVnbgskmtes 97.mbg RESOLUTION NO.87-96 • A RESOLUTION APPROVING CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT FUNDING FOR FISCAL YEAR 1996/1997 THE CITY COUNCIL City of Morro Bay, California WHEREAS, each year the City submits a claim for funding through the Transportation Development Act for both local and regional funding; and WHEREAS,the amount claimed for fiscal year 1996/1997 for local funding to be used primarily for Morro Bay Dial -A -Ride is $148,159; and WHEREAS, the amount claimed for fiscal year 1996/1997 for regional funding to be used primarily for San Luis Obispo Regional Transit Authority is $51,080; and WHEREAS, the amount claimed for fiscal year 1996/1997 for streets and roads programs is $5,329 to be used primarily for the South Bay Boulevard project; and WHEREAS, the amount claimed for fiscal year 1996/1997 for local bikeway/pedestrian ways is $3,952;and • WHEREAS, the amount claimed for fiscal year 1996/1997 for the cost of a Transportation Development Act Audit is $1,250; and WHEREAS,the total amount claimed by the City of Morro Bay from Transportation Development Act funds for fiscal year 1996/1997 is $209,770. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the City's Transportation Development Act claim in the total amount of $209,770 for fiscal year 1996/1997. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of December 1996 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOV, Mayor • ATTEST: L�L BRIDGETT AUER City Clerk • RESOLUTION NO. 86-96 APPROVAL OF ASSIGNMENT AND ASSUMPTION OF LEASE SITE 93-95/93W-95W FROM SANTA LUCIA NATIONAL BANK TO HELD FAMILY TRUST AND SMITH AND HANNA HELD AND APPROVAL OF ASSIGNMENT OF SUBLEASE OF A PORTION OF LEASE SITE 93-95/93W-95W WITH WILHELM AND TINA HOPPE FROM SANTA LUCIA NATIONAL BANK TO THE HELD FAMILY TRUST AND SMITH AND HANNA HELD THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay holds in trust certain tidelands granted from the State of California, including the property known as Lease Site 93-95/93W-95W on the Morro Bay waterfront; and, WHEREAS, the City of Morro Bay entered into a 30 year lease agreement (hereinafter "Lease") for use of said property with Mildred Dennis on July 1, 1987; and, WHEREAS, the Lease was subsequently assigned to James and Margie George; and, WHEREAS, the Georges subsequently filed a bankruptcy action and failed to assume the • Lease into said bankruptcy action; and, WHEREAS, Santa Lucia National Bank subsequently foreclosed on a secured interest in the Lease by mutual agreement with the City, and assumed the rights and responsibilities under the Lease on April 1, 1996; and, WHEREAS, there is an existing approved sublease with Wilhelm and Tina Hoppe for a portion of said leased property; and, WHEREAS, the lease agreement requires approval of any assignment of the Lease agreement. NOW THEREFORE. BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given to assignment of the Lease for Lease Site 93-95/93W-95W to the Held Family Trust and Smith and Hanna Held ("hereinafter Tenant") contingent on City Attorney approval of final assignment and assumption documents no later than February 25, 1997 Failure to complete the assignment and assumption documents by February 25, 1997 shall serve to nullify this Resolution. The City agrees that SLNB may retain a security interest in the Lease and the City Council hereby approves execution of an estoppel certificate or security agreement acceptable to the City Attorney. The Mayor is hereby authorized to sign said documents after approval of the City Attorney. Said approval of assignment does not waive any and all other city, state or federal permits and approvals required for operation on said lease site; including city amendments to Conditional Use permits and City Council approval of additional sublease agreements. 0 Resolution No. 86-96 Assignment of Lease Site 93-95/93W--95W Page 2 BE IT FURTHER RESOLVED that the existing sublease agreement for a portion of • Lease Site 93-95/93W-95W with Wilhelm and Tina Hoppe, dba Hoppe's @ 901, is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of November, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None • • • RESOLUTION NO. 85 - 96 RESOLUTION DESIGNATING THE INTERSECTION OF DUNES STREET AND MORRO AVENUE AS A STOP INTERSECTION, AND AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON DUNES STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersection of Dunes Street - Morro Avenue is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public safety, health, and welfare to install stop signs at said intersection; and WHEREAS, California Vehicle Code Section 21354 provides for the installation of stop signs at one or more entrances to said intersection through the designation of said intersection as a stop intersection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the intersection of Dunes Street - Morro Avenue be designated a stop intersection, and that stop signs be erected on Dunes Street at the entrance thereto; and • BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the installation of appropriate signs and markings in accordance with this designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of December, 1996, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT EOKUER, City Clerk 1 CATHY NOV , Mayor • CITY COUNCIL RESOLUTION NO. 84-96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS WHEREAS, the City Council of the City of Morro Bay desires to prudently invest idle funds of the city to maximize use of taxpayer funds; and WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard."; and WHEREAS, the California government Code Section 53646 requires all local agency governing boards to annually adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility to the Treasurer for a period not to exceed one year but renewable annually, upon review; and WHEREAS, the City of Morro Bay first adopted its current investment policy in 1985 and that policy is in need of updating based upon lessons learned in the failure of the Orange County investment pool, of which the City of Morro Bay was not a participant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Statement of Investment Policy, attached hereto, is adopted and that the City Treasurer is hereby authorized to carry out this policy, on behalf of the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of December, 1996, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None �\ IV N CATH 1OVAK, Mayor BRIDGETT AUER, City Clerk Nwa ., I,. • RESOLUTION NO. 83-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING FINDINGS GRANTING AN EXCEPTION TO THE OFFICE PARKING REQUIREMENTS FOR MARINA SQUARE AT 601-699 EMBARCADERO THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, on October 28, 1996 the City Council received testimony regarding an appeal by Stan Trapp of the Planning and Building Director's parking calculation for the final phase of the Marina Square project located at 601-699 Embarcadero, requesting a credit for a less intensive occupancy in Unit B6 be granted and the parking requirement be reduced for the restaurant and office; and WHEREAS, the City Council determined that a credit for a change in use requiring less parking is not allowed pursuant to Morro Bay Municipal Code Section 17.44.020A.7; and WHEREAS, the City Council determined that the parking calculation for the restaurant parking was assessed in accordance with the requirements of Morro Bay Municipal Code Section 17.44.020 and consistent with the method of calculation used to determine the required number of parking spaces for similar uses along the Embarcadero; and •WHEREAS, the City Council determined that an exception to the parking requirements for the for the office (Unit B 10) was appropriate pursuant to Morro Bay Municipal Code Section 17.44.050 and conditioned that any increased use that creates a demand for additional parking will require and adjustment to the parking in -lieu fees owed to the City; and WHEREAS, the City Council determined , on advice from the City Attorney, that it is not authorized to extend payment of parking -in -lieu fees beyond the issuance of a certificate of occupancy, as required by Morro Bay Municipal Code Section 17.44.020A.7.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The above recitations are accepted as an accurate statement of the Council's findings and actions. 2. The City Council, having considered the testimony and having reviewed the evidence in the record, hereby grants an exception to the parking requirements from three (3) spaces to one (1) space for the office within the Marina Square project (Unit B 10) based on the following findings: A. The exception will not constitute a grant of special privilege inconsistent with the parking limitations upon other properties in the vicinity because the office is to be used solely by the managing party of the Marina Square commercial complex, as an intermittent and ancillary use, and not to be used by an independent tenant nor used so as to require the need for more than one (1) parking space. B. The exception will not adversely affect the health, safety or general welfare of persons working • or residing in the vicinity because the use will be intermittent and shall not exceed the need for one (1) parking space; City Council Resolution No. 83-96 •Findings -Marina Square Parking Exception November 12, 1996 C. The exception is reasonably necessary for the applicant's full enjoyment of uses permitted upon his adjoining real property because the Marina Square project is unique to the Embarcadero in its mall -type atmosphere with approximately twenty tenant spaces. The need to provide an ancillary office, available to the managing party on an intermittent basis, is reasonable. In this case, based on the proposed intermittent use of the office, the full requirement for three (3) parking spaces, calculated on the gross floor area of Unit B 10, is not warranted. Should the use of the office space exceed the need for one parking space, this exception shall be immediately void and the sum of $8,000 shall be immediately due and payable (2 spaces @ $4,000) to the City 3. The City Council hereby confirms the balance due for payment of in -lieu parking fees for sixty (60) parking spaces shall be paid in lump sum, prior to issuance of a Certificate of Occupancy for the restaurant and office, in the amount of $4,000 per space in accordance with Morro Bay Municipal Code Section 17.44.020A.7. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on November 12, 1996 by the following vote: AYES: Anderson, Crotzer, Novak • NOES: None ABSTAIN: Yates ABSENT: Unger ATTEST: BRIDGE BAUER, City Clerk City of Morro Bay 0 WILLIAM YATES, City of Morro Bay n LJ RESOLUTION NO. 82-96 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO FORM THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the North Point sub -division have requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 the Act, the Engineer has filed in the Office of the dated City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance Assessment", November 25, 1996 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) are required by City Ordinance to install improvements of , and the territory owned by the subdivider(s) falls under the • terms of such ordinance; and WHEREAS, all property owners have waived, in writing, the noticing requirement which will allow the final protest hearing/public hearing to be held December 9, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the formation, levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held December 9, 1996 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the Cloisters Park and Open Space are specified in the Engineer's Report dated District November 25, 1996 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $5,645 or $564.50 per assessable parcel for the first year of the assessment. 0 RESOLUTION 82-96 PAGE 2 • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 25th day of November, 1996 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ATTEST: BRIDGET AUE , CITY CLERK u.c ncil.m82-96 • • ENGINEERS REPORT NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NOVEMBER 25, 1996 NAME: North Point Natural Area Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: 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 first year of maintenance of the North Point Natural Area. Personnel Services Leadworker Director • Repair and Maintenance Supplies Miscellaneous items to repair vandalism, lights, benches, stairway herbicides, etc. Insurance Public Utilities Repair and Maintenance Services Irrigation repair, stairway and bench repair. Blow parking lot/asphalt paths - 9,000 sq. ft. (maintenance standard - 9 min. per 1,000 sq. ft.) 9,000/1000 sq. ft., 9 x 9 = 81 min. 81/ 60 min. = 1.35 hr./wk. 1.35 hr./wk. x 26 wk. = 0 35 hr. $957.56 $150.00 $100.00 $500.00 $300.00 • Engineers Report N. Point Natural Area LLMAD Page 2 Mowing -.5 acre (maintenance standards - .5 hr./acre) .5 acre x .5 hr. = .25 hr. x 8 times each year = 2 hr. Trimming & Spraying Paths, Beach Access Stairway - 3,000 sq. ft. (maintenance standard - 60 minutes/1,000 sq. ft. ) 3,000/1,000 = 3 x 60 min. = 180 min. 3 hr. x 6 times each year = 18 hr. Litter Pick -Up - 1.3 acre (maintenance standard - 2 acres per hour) 1.3 acre/2 = .65 hr./wk. x 26 wk. = 17 hr. Total Hours 72 hr. Maintenance Worker II, 72 hr. x $50.52/hr. = $3,637.44 • Total Assessment Estimate $5,645.00 Per Parcel Yearly Assessment $5,695.50/10 parcels $564.50 a.nrpteng.doc 0 NORTH POINT NATURAL AREA MAINTENANCE TASKS Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash Scans Clean - benches fencing Check - beach access stairway bike rack lights planting hillside, erosion • Weekly Blow paths, parking lot Monthly Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Paint beach access stairway, public access signage New plantings (replacement) General safety inspection Annual tree pruning As Needed Remove graffiti Mow open space Pest/gopher control Trim and spray paths Repair public access signage 0 u/w/council/cloimnin • RESOLUTION NO.81-96 RESOLUTION AWARDING CONTRACT FOR PROJECT NO. PW 96-35; CHORRO CREEK REVEGETATION PROJECT TO ACACIA LANDSCAPING AND EROSION CONTROL, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, It is necessary and prudent to cause the revegetation of the creek area of the Chorro Creek Bridge Project area; and, WHEREAS, The work contemplated by this project is in accord with the environmental documents and regulations for the Chorro Creek Bridge Project; and, WHEREAS, Plans and specifications have been prepared for the work and construction bids solicited and received in accord with the Public Contract Code; and, WHEREAS, The lowest responsible bid was received from Acacia Landscaping and Erosion Control, Inc., Santa Barbara in the amount of $225,655; and, • WHEREAS, it is in the best interests of the public to pursue completion of the work. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the contract for Project No. PW 96-35; Chorro Creek Revegetation Project is hereby awarded to Acacia Landscaping and Erosion Control, Inc. in the amount of $225,655; and, BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents on behalf of the City to reflect this action. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 12th day of November, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: None ABSENT: Unger ABSTAIN: None — 411A.Lt V flu, AVAt-f-'l, BIUD`,AUER� City Clerk • CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS PW 96-35 CHORRO CREEK REVEGETATION PROJECT BIDDER REVEG. YEAR 1 YEAR 2 YEAR 3 TOTAL Marathon $223,000 $30,000 $22,000 $18,000 $293,000 (San Diego) Karlskint-Crum 238,150 49,125 48,125 46,725 382,125 (SLO) Acacia Lndscp. 165,655 30,000 20,000 10,000 225,655 (Sta. Barbara) • wtb:VNINstreeb4winbe4 ep m1 • • RESOLUTION NO. 80-96 RESOLUTION APPROVING RIGHT-OF-WAY EASEMENT AND AGREEMENTS BETWEEN THE CITY AND THE STATE DEPARTMENT OF PARKS AND RECREATION FOR THE CHORRO CREEK BRIDGE AREA OF SOUTH BAY BOULEVARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Chorro Creek Bridge (formerly Twin Bridges) area of South Bay Boulevard is located within a right-of-way easement granted by the State Department of Parks and Recreation (hereinafter "State Parks"); and, WHEREAS, the construction of the Chorro Creek Bridge Project results in relocation of the bridge and associated roadway to areas of land owned by State Parks outside the currently existing right-of-way easement and said relocation necessitates acquisition of road right-of-way required to accommodate the Chorro Creek Bridge Project (hereinafter "Project") area; and, WHEREAS, after completion of construction of the Project, certain areas of the existing right-of-way easement will no longer be necessary to the City due to superseded use of the new roadway alignment; and, WHEREAS, the City and State Parks have agreed to the terms and conditions through which acquisition of the required right-of-way easement and quitclaim of portions of the current right-of- way easement may be pursued; and, • WHEREAS, documents have been prepared to provide for said acquisition and quitclaim, said documents consisting of a Right -of -Way Agreement, an Agreement and Grant of Easement and an Easement Agreement; and, WHEREAS, it is in the interests of public welfare to approve said documents. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay that the Right -of -Way Agreement, Agreement and Grant of Easement and Easement Agreement prepared for said purposes are hereby approved; and, BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said documents on behalf of the City. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 12th day of November, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: None ABSENT: Unger ABSTAIN: None ATTEST: i . BRIDGET" _,�. - • RESOLUTION NO. 79-96 A RESOLUTION APPROVING A CURBSIDE RECYCLING FRANCHISE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND RALCCO RECYCLING FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 2001 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, hereinafter referred to as "City," entered into an exclusive Franchise Agreement with RALCCO Recycling to provide curbside recycling services within the City commencing January 1, 1996 and terminating December 31, 1996; and WHEREAS, the City solicited Request for Proposals (RFP) and said RFP process has been completed and the City Council has determined it is in the public interest to enter into a Curbside Recycling Franchise Agreement with RALCCO Recycling and hereinafter referred to as "Contractor," for the period January 1, 1997 through December 31, 2001; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to provide such curbside recycling services; and WHEREAS, City desires to retain Contractor to provide such curbside recycling services; and WHEREAS, Contractor desires to provide such curbside recycling services to City during the term of the Curbside Recycling Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: I. The Curbside Recycling Franchise Agreement with RALCCO for the period January 1, 1997 through December 31, 2001 with an option at the City's sole discretion to renew said Agreement for an additional three (3) years, attached hereto and incorporated herein by reference, is hereby approved. The City Administrator is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of November, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: None Unger None ABSENT: ABSTAIN • ATTEST: BRIDGET AUER, City Clerk RESOLUTION NO. 78-96 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO FORM A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City Council has placed certain conditions on the development of Tract 2110 "North Point," requiring formation of a property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16,030; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition F1-F7); and, WHEREAS, the Owners of the real property within the proposed district have consented to the formation of the district pursuant to the Landscape and Lighting Act of 1972 (Streets and •Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot I 1 of Tract 2110, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of the approval of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to form a Landscaping and Lighting Maintenance Assessment District to levy and collect assessments pursuant to the "Landscape and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. Cl Resolution No. 78-96 • Page 2 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. Staff is directed to prepare an Engineers Report for consideration at the November 12, 1996 City Council meeting. 5. This District shall be called the "North Point Natural Area Landscaping and Lighting Maintenance Assessment District". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of October, 1996 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None • ATTEST: BRIDGEtl BAUER CITY CLERK uhv/counci I/res78.96 0 EXHIBIT A e P n all and I, o I I .Awl ¢ Q. a Ila $a A r e I� q" e W e a• 6a d la yR jlllx :� ;� a € la =- q A� w xA'are laiar IR �F�� -. x>o- ar ars waar i ! A" R a a I A� A A I4q } war ar yrr luar I ¢' ua. yR ow �� (1 xav m•arr la.r RI Io war A• sag apa g ap^Q al yRR Q'R SE Ce.$ td'l A A I y b •F Ira i `a fiP _ - CO a qR s qR a: 3 6 y°sa IAA$aq ,R9a a9l;g M. g^g8� $aJiq e- r© weir f Sin s H a I 8f1 S i 1 E RESOLUTION NO. 76-96 • A RESOLUTION OP TI IE CITY OF MORRO BAY APPROVING 'IT I E APPLICATION FOR GRANT FUNDS FOR'1141: ENVIRONMENTAI, ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF T1-1E STREET"S AND 141GHWAYS CODE FOR THE QUINTiANA ROAD BIY.EI.ANES & RIPARIAN CORRIDOR ENHANCEMENT PROJECT' PIIASI: l THE CITY COUNCI L City of Morro Bay, California WI-1 EREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, stale and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WI-1 EREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and W11 EREAS, said procedures and criteria established by the Resources Agency require a • resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; Bay: NOW THEREFORI?, BE IT' RESOLVED by the City Council of the City of Morro Approval for the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certification that said applicant will maize adequate provisions for operation and maintenance of the project. 3. Appointment of the Public Works Director as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular • meeting thereof held on the 28th day of October, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSTAIN: None ABSENT: None WILLIAM YATEF/, Mayor ATTEST: • BRIDGE BAUER, City Clerk 00 11 • EXHIBIT B 13' 13 EXISTING - LA LOMA TO SOUTH BAY BLVD. \ (2600' ) BIKE BIKE LANE LANE SAWCUT REMOVE & RECOMPACT �--� PROPOSED - LA LOMA TO SOUTH BAY BLVD. • • RESOLUTION NO. 74-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, OPPOSING PASSAGE OF STATE PROPOSITION 218 ON THE NOVEMBER, 1996 BALLOT AND URGING MORRO BAY VOTERS TO REJECT IT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, an initiative measure, Proposition 218, has been placed on the November, 1996 ballot, to amend the California Constitution to limit local government's ability to control its own financial affairs; and WHEREAS, no other level of government would be subject to similar restrictions on its ability to raise revenues in response to changing circumstances; and WHEREAS, local government, being closest to the people it represents, has traditionally been highly responsive to the desires and will of the community; and WHEREAS, there currently exist remedies and mechanisms that voters can employ to eliminate unpopular revenue measures; and WHEREAS, the efficient operation of local government would be significantly impaired by the unnecessary restrictions imposed by Proposition 218, and said restrictions could result in a greater reliance on state and federal resources, with a concomitant loss of local control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Proposition 218 is an undesirable intrusion into local government affairs and that the voters of Morro Bay are urged to reject it in the November, 1996 General Election. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of October, 1996, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None RESOLUTION NO. 73-96 RESOLUTION RESCINDING RESOLUTION NO. 41-96, AND SETTING NEW RESTRICTIONS PROHIBITING THE STOPPING, PARKING OR STANDING OF OVERSIZED VEHICLES FROM DESIGNATED AREAS OF THE EMBARCADERO DURING THE SPECIFIED HOURS AND DAYS. THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Vehicle Code Section 22507 and Morro Bay Municipal Code Section 10.36.040 authorizes the Council to restrict the use of any street within its jurisdiction from vehicles of a specific size or during a specific time period by resolution; and WHEREAS, it has been deemed appropriate that certain areas of the Embarcadero, and street ends west of the Embarcadero, be restricted from the stopping, parking or standing of oversized vehicles due to limited turn around space and the restricted view of adjoining intersections; NOW THEREFORE, BE IT RESOLVED, that any vehicle or combination of vehicles over 7' in height (including any load thereon) or over 21' in length shall be prohibited from stopping, parking or standing on the street ends of Driftwood, Marina, Pacific, Front and Harbor Streets, west of the Embarcadero, and on the Embarcadero from Beach Street to Driftwood Street between the hours of 10 a.m. and 10 p.m., 7 days per week; and BE IT FURTHER RESOLVED that these restrictions shall not apply to any commercial vehicles who are parked temporarily to accomplish the loading or unloading of merchandise or passengers on, or from such vehicle; and BE IT FURTHER RESOLVED that these restrictions shall not apply to the vehicles of any public utility, public entity, or licensed contractor while necessarily in use in the construction, installation, or bona fide repairs of any public utility, public property, or other building or structure within the restricted area; and BE IT FURTHER RESOLVED that the City Public Works Director be authorized to install the appropriate signs or markings in the designated areas to delineate the restrictions contained in this resolution. BE IT FURTHER RESOLVED that Resolution NO. 41-96, is Embarcadero, setting oversized vehicle restrictions for the Embarcadero, be rescinded. PASSED AND ADOPTED by the City Council of the City • of Morro Bay at a regular meeting held thereof on the 14th day of October, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT AUER, City Clerk • 0 RESOLUTION NO. 72-96 RESOLUTION IN SUPPORT OF CHEVRON OIL ESTERO BAY MARINE TERMINAL THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Estero Marine Terminal has been a safe and responsible operator on the Central Coast for nearly 70 years; been a productive and generous member of the Morro Bay community; participated as an important member of our maritime community; and proven itself to be dedicated to the protection of our coastal environment; and WHEREAS, the Estero Marine Terminal has provided jobs for local residents; benefited local businesses by purchasing goods and services; contributed to Morro Bay charities and groups; served a major sponsor of the Morro Bay Harbor Festival; and WHEREAS, the Estero Marine Terminal has served as a vital link in the California energy supply chain and helped reduce the nation's dependence on foreign oil. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby commends the Chevron Corporation and its Estero Marine Terminal for their contributions to the cultural, esthetic and economic vitality of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the 23rd day of September, 1996, by the following vote: AYES: Anderson, Novak, Unger, Yates NOES: Crotzer ABSENT: None ABSTAIN: None WILLIAM YATES, ATTEST:, BRIDGETT B UER, City Clerk RESOLUTION NO. 71-96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE FORMATION OF THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 9, 1996 the City Council, upon written request of all property owners of the Cloisters sub -division did adopt Resolution No. 68-96 declaring the Council's intent to form a Landscaping and Lighting Maintenance Assessment District to maintain the Cloisters Park and Open Space; and WHEREAS, a public hearing to hear all protests as to the formation of said district was scheduled for September 23, 1996 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners in the proposed district regarding the proposed assessment and listing the date, time and location of • the protest hearing; and WHEREAS, the City Council did hear objections of all interested parties as to the formation of the proposed assessment district on September 23, 1996 at the Veteran's Memorial Building; and WHEREAS, no objections from property owners within the proposed district were received by the City Council prior to, or during the public hearing on September 23, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the formation of the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A' attached hereto is hereby ordered and the assessment of $148,944 for the initial year assessment is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the first year and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. Resolution No. 71-96 • Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of September, 1996 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ATTEST: BRIDGETI�BAIJER CITY CLERK u/w/wuncil/ a 71-96 RESOLUTION NO. 68-96 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO FORM THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT • THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the Cloisters sub -division have requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space; and, WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and, WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", dated September 9, 1996 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and, WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) are required by City Ordinance to install improvements, and the territory owned by the subdivider(s) falls under the terms of such ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the formation, levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held September 23, 1996 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. • BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the Cloisters Park and Open Space are specified in the Engineer's Report dated September 9, 1996 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $148,944 or $1,241.20 per assessable parcel for the first year of the assessment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of September, 1996 by the following roll call vote: AYES: Auderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ATTEST: • &�Aj BRIDGET BAUER, CITY CLERK u.counciLres69.9 Cloisters Park and Open Space Landsc Lrighting Maintenance Assessment Dist • Ding and Ft Buun P. P -- 11 V) ies , : to ENGINEERS REPORT CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT • SEPTEMBER 9, 1996 NAME: Cloisters Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: 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 first year of maintenance of Cloisters Park and Open Space. Organized Park and Demonstration Garden (4 acres) Personnel Services $5,000.00 Maintenance Worker II Leadworker Director Repair and Maintenance Supplies $ 2,000.00 Miscellaneous items to repair vandalism, • lights, park furniture, paper products, chemicals, ect. Insurance $ 500.00 Public Utilities $ 4,000.00 Electricity, Garbage (water, sewer not included) Repair and Maintenance Services $13,968.00 Electrical Repair Anticipated Plumbing Services Irrigation Repair Sub -Total Park and Open Space $25,468.00 Open Space (25 acres) Blow Paths-57,920 sn. ft of Path Maintenance Standard-9 min. per 1000 sq. ft 57,920/1000 sq. ft., 57.92 x 9 min. = 521.28 min. 521.92/60 min. = 8.69 hrs./wk 8.69 hrs./wk. x 52 wks. = 451 hrs. Engineers Report Cloisters Assessment District Page 2 . • Mowing -16.8 Acres wetland-1.8 acres open space meadow-15 acres Total acres 16.8 acres Maintenance Standard-.5 hr/acre 16.8 acres x .5 = 8.4 hrs. x 6 times each year = 50 hrs. Trimming & Spraying Paths-57,920 sq. ft. of Path Maintenance Standard 60 minutes/1000 sq. ft. 57,920/1000 = 57.92 sq. ft. x 60 min. = 3475/60 min. _ 57.92 hrs. x 6 times each year = 348 hrs. Litter Pick-Up-16.8 Acres Maintenance Standard 2 acres per hour 23.6/2 = 11.8 hrs./wk. x 26 weeks = 307 hrs. Lake Maintenance 2.0 hrs./wk x 52 weeks = 104 hrs. *Tree Trimming 285 trees x .5 hr/yr. = 143 hrs Pier (1), Foot Bridge (2), Fence, Railings, Kiosks and Signs (63) Total Repair & Maintenance 2 hrs./wk x 52 wks: = 104 hrs Total Hours 1,507 hrs Maintenance Worker II 297 hrs. x $49.51/hr = $14,704.00 Maintenance Worker 11,210 hrs. x $43.51 $52,647.00 Sub Total Open Space $67,351.00 Medians and Parkway Costs of maintaining this area are similar to those of maintaining an acre of parkland 1.6 acres x $8,000/acre = $12,800 (less $3,500 irrigation) Sub -Total Medians and Parkway $9,300.00 E Engineers Report Cloisters Assessment District Page 3 • Equipment Riding mower with flail deck with trailer Various hand equipment, back sprayer, blower and others Parks maintenance truck with locked tools boxes Storage space two 10' x 30' bays Total Costs for Equipment 28,000.00 3,000.00 13,000.00 10.000.00 $54,000.00 The equipment purchase could be amortized over a 5 year period. However, the costs would remain in place for each year after the initial 5 year period as it would be necessary to replace and repair equipment. Sub -Total Charged for Equipment Water Charge based on 8.66 acre/foot usage per year Total Assessment Estimate Organized Park and Demonstration Gardens Open Space qPMedians Equipment Water, Irrigation, Sewer GRAND TOTAL PER PARCEL YEARLY ASSESSMENT $148,944/120 PARCELS u.council.cloi teng.doc E $10,800.00 $36,025.00 25,469.00 67,351.00 9,300.00 10,800.00 36,025.00 $148,944.00 1,241.20 RESOLUTION NO. 70-96 RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF MORRO BAY, CALIFORNIA EXPRESSING SUPPORT FOR THE FORMATION OF A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 14 of Division 3 of the Streets and Highway Code was added by Chapter 1350 of the Statutes of 1985 providing for the establishment of a SAFE, if the Board of Supervisors of the County of San Luis Obispo and a majority of the incorporated cities of the County of San Luis Obispo having a majority of the population adopt a resolution providing for the establishment of the authority; and WHEREAS, the City Council believes that installing emergency call boxes will improve the safety of the motoring public and facilitate timely roadside assistance to 10016 of drivers; and WHEREAS, the City Council bases its findings on a survey of San Luis Obispo county residents that found 76% of the general public support the installation of call boxes on state highways in the county, even if it meant paying an additional $1 per year on their vehicle registration fees; and • WHEREAS, across the state, the establishment of call box programs has proven to stretch the limited resources of the California Highway Patrol, reduce traffic congestion in congestion areas, and enable a quicker, more efficient response to roadside breakdowns and incidents and save lives at a nominal cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby supports the concept of forming a Service Authority for Freeway Emergencies for the purpose of establishing a call box program in San Luis Obispo County pursuant to Section 2550 of the Street and Highway Code; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, California, supports the San Luis Obispo Council of Governments as the Service Authority for Freeway Emergencies in San Luis Obispo County. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of September, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unge NOES: None ABSENT: None • AT EST: BRIDGETT AUER, City Clerk RESOLUTION NO. 69-96 • A RESOLUTION APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 1996, ACCEPTANCE OF OFFER OF DEDICATION FOR LOT 121,122 AND 124, AND ACCEPTANCE OF THE OFFER OF DEDICATION FOR THE SCENIC CONSERVATION VIEW CORRIDOR EASEMENT. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 9, 1991 the City Council approved the Tentative Map for Tract 1996 with approval of the Precise Plan occurring on August 16, 1993; and WHEREAS, said approval allows for one hundred and twenty lots for residential purposes (lots ]-120), a lot for open space (lot 121) offered to the City subject to public improvements, a lot for park and open space (lot 122) offered to the City subject to public improvements, a lot for open space (lot 123) offered to the State of California, a lot for fire station purposes (lot 124) offered to the City subject to public improvements, and the offer of the scenic conservation view corridor easement; and WHEREAS, offers of dedication for the above said lots and scenic easement was made upon the final map for Tract 1996 and in exhibits to be attached to and filed with this resolution and said map; and • WHEREAS, the City of Morro Bay and other governmental agency conditions of approval and Subdivision Map Act requirements necessary prior to recordation of the final map have been met; and WHEREAS, said offers of dedication may be accepted by execution and recordation of certificates of acceptance pursuant to the terms of said offers to dedicate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does approve on behalf of the public the final map and subdivision improvement agreement for Tract 1996, accepts the offer of dedication for lot 121, 122 and 124 subject to public improvements, and accepts the scenic conservation view corridor easement. The Mayor is authorized to execute certificates of acceptance for said offers of dedication. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of September 1996 by the following vote: AYES: NOES: ABSENT: ABSTAIN Anderson, Crotzer, Novak, Yates Unger None None ATTEST:. 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THIS AGREEMENT IS MADE this W' � day of September, 1996, by and between KEYOTO-MORRO BAY, INC., a California corporation and MORRO BAY- NATALIE, INC., a California corporation (hereinafter collectively referred to as "Owner/Developer") and the CITY OF MORRO BAY, a municipal corporation of the State of California, hereinafter referred to as "CITY." RECITALS WHEREAS, Keyoto-Morro Bay, Inc. And Morro Bay -Natalie, Inc. are the owners/developers of the property commonly known as "the Cloisters," and CITY has approved Vesting Tentative Tract Map for Tract 1996 for the subject property; and WHEREAS, pursuant to the Subdivision Map Act of the State of California, and in accordance with the provisions of Morro Bay Municipal Code, Chapter 16, Subdivisions, certain improvements are required to be constructed and/or installed and surety furnished therefor; and WHEREAS, OWNER/DEVELOPER desires to make and complete all required • improvements in said Tract 1996 Subdivision, as requested by the Conditions of Approval, including Vesting Tentative Map TM-01-90, Tract No. 1996 (hereinafter "Vesting Tract Map"), Conditional Use Permit 28-90, approved and issued on August 16, 1993 by the City Planning Commission, and as shown on the approved improvement plans for said Tract, and Coastal Development Permit 42-90, which was approved by the City Council of the City of Morro Bay on December 9, 1991 pursuant to the Conditions of Approval; the Coastal Development Permit was appealed to the Coastal Commission and approved on July 9, 1992, Coastal Development Permit A-4-MRB-91-44, resulting in a Major Modification of the Project Approvals on December 14, 1992; and a minor modification approved by the City of Morro Bay on July 21, 1995; and Permit No. 94-00273-MSJ from the U.S. Corps of Engineering and Regional Water Quality Control Board as required by the conditions of Project Approval; and the applicant was. required by the City (pursuant to Special Condition 10d) to prepare the "Cloisters Park Master Plan" which was approved by the Morro Bay City Council on December 14, 1992, and as shown on the approved improvement plans for said Tract and • WHEREAS, OWNER/DEVELOPER's engineer and CITY have determined that the estimated cost of such improvements are as set forth in Exhibit A attached hereto and incorporated herein by this reference. -1- AGREEMENT • NOW THEREFORE, it is hereby agreed that in consideration of the mutual promises contained herein, the parties do agree as follows: 1. OWNER/DEVELOPER agrees at its own cost and expense to furnish all labor, equipment and material to perform and complete all required improvements as specified herein, in a good, workmanlike manner, within two (2) years from the date of recordation of said final map by CITY. 2. OWNER/DEVELOPER shall file with the City Clerk an improvement security in the sums herein specified to guarantee performance of the terms of this AGREEMENT. In accordance with Government Code, Title 7, Division 2 (Subdivision Map Act), Chapter 5, Section 66499, as amended, such security shall be one of the following, at the option of and subject to the approval of CITY, in the sum of four million seven hundred, sixty-one thousand six hundred thirteen dollars and sixteen cents ($4,761,613.16) for the Civil work as described in Exhibit A; and two million three hundred eighty thousand six dollars and fifty-eight cents ($2,380,806.58) for the Landscaping work as described in Exhibit A. (a) Bond or bonds by one or more duly authorized corporate sureties in the sum of four million seven hundred, sixty-one thousand, six hundred thirteen dollars and sixteen cents ($4,761,613.16) and two million three hundred eighty thousand six dollars and fifty-eight cents ($2,380,806.58). Said bonds shall be furnished by bonding companies having.a • minimum A rating as established by Bests Key Rating Guide for Casualty and Property Insurance. A Performance Bond shall be posted in the amount of four million seven hundred, sixty-one thousand, six hundred thirteen dollars and sixteen cents ($4,761,613.16), and an additional Payment Bond shall be posted for one-half (1/2) such amount. Should the sureties on any of said bonds become insufficient, OWNER/DEVELOPER agrees to renew said bond/bonds with good and sufficient duly authorized sureties within ten (10) days after receiving notice that said sureties are insufficient. • (b) A deposit, either with the CITY or a responsible escrow agent or trust company, at the option of the CITY, of money or negotiable bonds of the kind approved for securing deposits of public moneys in the sum of four million seven hundred, sixty-one thousand, six hundred thirteen dollars and sixteen cents ($4,761.613.16) and two million three hundred eighty thousand six dollars and fifty-eight cents ($2,380,806.58). (c) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter(s) of credit issues by such a financial institution in the sum of four million seven hundred, sixty-one thousand, six hundred thirteen dollars and sixteen cents ($4,761,613.16 and two million three hundred eighty thousand six dollars and fi -ei ht cents ($2,380,806.58). Such instrument or letters of credit shall be for a term of not less than the period allocated to complete the improvements. -2- (d) A lien securing the sum of four million seven hundred sixty-one thousand, six • hundred thirteen dollars and sixteen cents ($4.761.613.16) and two million three hundred eighty thousand six dollars and fifty-eight cents ($2.380,806.58) upon the subject property created by contract between the OWNER/DEVELOPER and CITY, if the CITY finds that it would not be in the public interest to require the installation of the required improvements sooner than two (2) years after recordation of the final map. (e) Any form of security, including security interests in real property, which is acceptable to the local agency and specified by ordinance thereof. 3. OWNER/ DEVELOPER, in lieu of a bond requirement, with the approval of CITY, may place on deposit in an insured account with a bank or savings and loan in San Luis Obispo County, the sum of four million seven hundred sixty-one thousand, six hundred thirteen dollars and sixteen cents ($4,761.613.16) and two million three hundred eighty thousand six dollars and fifty-eight cents ($2,380.806.58). Such sum shall be a trust fund to guarantee performance and also to secure claims of all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid AGREEMENT and shall stand in the name of the CITY OF MORRO BAY alone, the bank or savings and loan to hold such money as Trustee for OWNER/DEVELOPER and such money shall not be subject to levy or attachment by any creditors of the depositor until the obligation secured thereby is completed to the satisfaction of and accepted by CITY. OWNER/DEVELOPER shall furnish CITY evidence and proof of such deposit having been made and _further shall deliver to CITY all passbooks for such account: Provided, however, interest paid on such deposit(s) shall be paid over from time to time by the savings and loan to OWNER/DEVELOPER. 4. CITY may declare a default in the event of a breach of this AGREEMENT and in such event may withdraw a reasonable sum to cure said default. 5. OWNER/DEVELOPER shall pay to CITY (per Resolution 33-94) a direct cost sum to review improvement plans and inspect installation of said improvements and certify that they have been completed in accordance with the plans and specifications. CITY reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. 6. OWNER/DEVELOPER shall also pay to the CITY Two Hundred dollars ($200.00) plus a direct cost sum for map checking, as required by Section 16.24.050B1 of the Morro Bay Municipal Code and Resolution 33-94. 7. All plans and specifications on file with said City Engineer as part of said Subdivision Map, and all other documents filed with CITY by OWNER/DEVELOPER or its engineer and approved by the City Engineer of CITY in connection therewith are hereby referred to for further particulars in interpreting and defining the obligations of OWNER/DEVELOPER under this AGREEMENT. • 8. OWNER/DEVELOPER agrees to indemnify and hold CITY harmless from any and - 3 - all claims, whether or not meritorious, arising from said entry and construction of • improvements from whatever cause, valid or not, and does hereby agree to defend and indemnify CITY against all suits,costs, losses, awards or judgments arising therefrom, both during construction and at all times subsequent to construction, until such time as the construction is completed, approved and accepted by the CITY, and after any maintenance obligation as provided in this Agreement has expired. 9. OWNER/DEVELOPER shall provide CITY with a certificate of liability insurance showing CITY as an additional primary insured, with respect to subject improvements, without reduction or offset by reason of insurance which the CITY has in effect. Said insurance policy shall be in such amount and in such form and with such companies as are satisfactory to CITY. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until CITY shall have had at least thirty (30) days notice in writing of such cancellation. In the event a dispute arises under this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorneys' fees. 10. It is understood and agreed between the parties hereto, including the "Declaration of Design Engineer" of work by the OWNER/DEVELOPER's Engineer, that the CITY Engineer of CITY or his representative shall inspect and pass upon all of said work or improvements to determine that said work substantially conforms with the plans and specifications mentioned herein or the ordinances of CITY. 11. If completion of said work is delayed by acts of God or strikes, • OWNER/DEVELOPER shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this AGREEMENT. In this connection, the surety waives the provision of Section 2819 of the Civil Code of the State of California. No extension shall be given without the approval of the City of Morro Bay City Council, if necessary, imposing such conditions as are allowable by City Ordinance. Should the City Council approve said time extension, the amounts of securities specified in this AGREEMENT shall be increased in accordance with the increase of the Engineering News Record (ENR) Construction Cost Index (CCI) as published by McGraw-Hill, Inc. The amounts of securities specified herein are based upon the ENR CCI as published in the ENR issue closest to the effective date of this agreement. 12. If said improvement work is not completed on or before the completion date herein specified under the foregoing section (1), OWNER/DEVELOPER agrees that CITY may complete the same. 13. If CITY shall complete said work of improvement, then and in that event, OWNER/DEVELOPER agrees that it will reimburse CITY for its full cost and expense in completing said works of improvement. 14. OWNER/DEVELOPER further agrees that CITY may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted to • OWNER/DEVELOPER, to guarantee faithful performance, forfeited and utilize the proceeds �;e to complete said improvements and recover the full cost and expense thereof from • OWNER/DEVELOPER or its surety. Also, if the terms of this AGREEMENT are not completed within the time limits described herein, CITY shall have the option to revert the land to acreage pursuant to the Subdivision Map Act, Chapter 6. 15. Upon completion of the work, OWNER/DEVELOPER shall give the City Engineer written notice of completion and shall request inspection and approval. The City Engineer will notify OWNER/DEVELOPER of any deficiencies found or will accept the work and certify to the City Administrator that all provisions of this AGREEMENT have been satisfied. 16. Actual completion of the work shall be deemed to have occurred on the date as of which the City Council accepts said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the CITY to accept said improvements or waive any defect in the same or any breach of this AGREEMENT. 17. OWNERIDEVELOPER shall be responsible for filing a Notice of Completion of the improvements herein specified. 18. The City Administrator is the only person authorized to act for CITY in releasing bonds or funds. a. Partial Releases. OWNER/DEVELOPER shall be entitled to partial • releases, and CITY agrees to release the performance securities described hereinabove, upon substantial completion of the following segments of the work as set forth in Exhibit A hereto: Civil Work (1) Clear and grub, earth work (2) Water system, sewer system, and storm drain system (3) Sewer lift -station (4) Trench and back fill for electrical, gas telephone, and T.V. (5) P.C. concrete sidewalk, curb and gutter, cross -gutters, ramps (6) Road way pavement. Landscaoine Work (1) Tract Plans (2) Dune Restoration (3) Community Park (4) Corral Avenue Said releases shall be in the sum of one hundred and fifty percent (150%) of the amount set forth on the Engineers Estimate, less ten percent retention as provided in Paragraph 21 hereof. • b. Final Release. Upon acceptance by the City Council, CITY will release - 5 - all but ten percent (10%) of the performance securities furnished under this AGREEMENT, • that amount being deemed sufficient to guarantee faithful performance by the OWNER/DEVELOPER of its .obligation to remedy any defects in the improvements arising within a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the performance of this AGREEMENT. The CITY, at its sole option, may cause said defects to be remedied and secure reimbursement of costs from OWNER/DEVELOPER or OWNER/DEVELOPER's sureties. 19. Upon approval of this AGREEMENT, CITY acknowledges that OWNER/DEVELOPER has complied with all of the terms and conditions which are required as a condition of recordation of the final map, and that OWNER/DEVELOPER has paid, or secured for payment, all fees as set forth herein which are required by the Project Conditions. It is agreed that the Final Map submitted herewith is in substantial conformance with all of the conditions of project approval. 20. Traffic Circulation and Public Right -of -Way Improvements The City Council approved and accepted OWNER/DEVELOPER'S Engineering Studies for San Jacinto Improvements, as required by Condition 4e "Alternative Designs," of the Precise Plan Conditions of Approval. Regarding Condition 4d of the Precise Plan Approval, prior to or concurrent with the recordation of the final map, OWNER/DEVELOPER shall contribute to CITY the sums set forth in Exhibit B attached hereto and incorporated herein by this reference, representing the Project's proportional impact on the intersection of Morro Bay Boulevard/State Route 1 Souhbound Ramps/ Quintana Road; Highway 1 Northbound Ramp/State Route 41/ Main Street; and San Jacinto Street Improvement. 21. OWNER/DEVELOPER has offered to CITY and CITY has agreed to accept Lots 121 and 122, in satisfaction of Condition 4f of the Precise Plans, providing "any access easements as may be needed to provide for pedestrian passage between SR 1 and right-of- way, and Corral Street." 22. In further satisfaction of the Precise Plans Condition 4f, OWNER/DEVELOPER hereby promises and assures that current or future property owners, their assigns or successors in interest will be noticed of the requirement to participate in their fair share or proportional cost of construction of an elevated pedestrian crossing over Highway I in the event such overpass is constructed between San Jacinto Street and 54th Street. The requirement to participate in the fair share of proportional costs to construct an elevated pedestrian crossing shall also be included in the Project's Declaration of Covenants, Conditions and Restrictions (CC&R's). 23. Maintenance Until 90% Build -Out OWNEWDEVELOPER agrees to maintain the street paving, curbs, gutters, sidewalks and parking lot until said subdivision is 90% built - out, in satisfaction of Precise Plan Condition 4h. In order to secure said maintenance obligation, OWNER/DEVELOPER shall deposit with the CITY the sum of nineteen thousand, nine hundred and ten dollars ($19,910.00). In cash together with accumulated • interest. Such funds may be used as necessary in CITY'S sole discretion in the event that M OWNER/DEVELOPER fails to comply with this maintenance obligation. Any funds • remaining after 90% build -out will be refunded to OWNER/DEVELOPER. The specific maintenance obligations are outlined on Exhibit C attached hereto and incorporated herein by this reference. 24. Maintenance District. In satisfaction of Vesting Tract Map, City of Morro Bay, Special Condition 10e, OWNER/DEVELOPER and CITY have initiated proceedings for the formation of an assessment district pursuant to the "Landscaping and Lighting Act of 1972" (California Streets and Highway Code, Sections 22500 et. seq.) The assessment district, further described as "The Cloisters Landscaping and Lighting District," shall be formed prior to or concurrently with the recordation of the final map. Said assessments shall not commence until OWNER/DEVELOPER completes the construction of the improvements to be maintained through the assessment district and after the one year maintenance period following completion thereof which is the obligation of the OWNER/DEVELOPER pursuant to the maintenance specifications attached hereto as Exhibit D. OWNER/DEVELOPER hereby irrevocably consents to formation of said assessment district, and waives any right to withdraw from or protest the formation of said district. In the event that formation of the assessment district fails to be established or approved, OWNER/DEVELOPER will be required to form a Homeowner's Association for maintenance of the improvements. 25. Fire Station Impact Fees. In satisfaction of Vesting Tentative Tract Special Condition 9e, "Fire Protection", and Precise Plan Condition 2, OWNER/DEVELOPER shall dedicate to CITY Lot 124 of Vesting Tentative Tract Map 1996, pursuant to the terms and conditions • of the "Irrevocable Offer to Dedicate Fire Station Site," entered into concurrently herewith. Said Irrevocable Offer to Dedicate, subject to the terms and conditions stated therein, shall be deemed to fully satisfy any and all fire protection impact fees required by the conditions of approval of the project. 26. This AGREEMENT is made and executed in triplicate, and any of the three copies shall be for purposes deemed an original. 27. This AGREEMENT shall bind the heirs, executors, administrators, successors and assigns of the respective parties of this AGREEMENT. 28. It is hereby mutually covenanted and agreed by the parties hereto that OWNER/DEVELOPER's contractors are not agents of CITY, and that the OWNERIDEVELOPER's relations to CITY, if any, are those of independent contractors. 29. OWNER/DEVELOPER does hold and save CITY, its agents and consultants, harmless from any and all claims arising from entry and construction on public property by OWNER/DEVELOPER or OWNER/DEVELOPER's operations, and does hereby agree to defend and indemnify CITY against all suits, costs, losses, awards or judgments arising therefrom. OWNER/DEVELOPER will advise its insurance carrier of this indemnity provision and the Certificate of Insurance will provide that it includes the contractual liability assumed in the AGREEMENT to indemnify. - 7 - 30. OWNER/DEVELOPER will provide CITY with a Certificate of Liability Insurance • showing CITY as an additional insured, without reduction or offset by reason of insurance which the CITY has in effect. Said insurance policy shall be in such form and with such companies as are satisfactory to the CITY. Limits of liability shall not be less than $500,000 for each occurrence, $1,000,000 aggregate, and $250,000 property damage each occurrence. 31. OWNER/DEVELOPER agrees to indemnify CITY from any and all claims, losses, costs or expense arising from or related to CITY's approval of OWNER/DEVELOPER's project on subject property. This AGREEMENT to indemnify specifically includes claims for inverse condemnation made by adjoining owners in connection with any asserted adverse effects of the proposed project, subdivision, etc., on the property of the adjoining owners. 32. This AGREEMENT and the real property subject to this AGREEMENT shall not be transferred or assigned without prior written notice to and prior written consent of CITY, provided that OWNER/ DEVELOPER may form a joint venture , or other partnership or form of a business organization, in which OWNER/DEVELOPER remains as controlling participant without obtaining said consent. If there has been full compliance with the terms of the AGREEMENT, CITY will consent to any other assignment, provided transferee assumes said AGREEMENT in a form satisfactory to CITY and provided further that all necessary replacement Performance and Payments Bonds and Insurance are issued in a form satisfactory to and accepted by CITY in writing. 33. Upon mutual consent of OWNER/DEVELOPER and CITY, the City Engineer may • make such changes, alterations or additions to the plans and specifications, or extend the time of completion of the work contemplated to be accomplished under this AGREEMENT, as may be deemed necessary and desirable by said City Engineer for the proper completion of said work and improvements and no such changes, alterations, additions, or extensions of time shall relieve the surety or sureties on any bond given for the faithful performance of this AGREEMENT. 33. This AGREEMENT shall not become effective unless and until Final Map 1996 shall have been approved by the City Council of CITY and also accepted for recordation by the County Recorder of the County of San Luis Obispo. • C� • IN WITNESS WHEREOF, OWNERIDEVELOPER and CITY have caused this document to be executed on the day and year first above written. CITY CITY OF MORRO BAY By MAYOR OWNER/DEVELOPER KEYOTO-MORRO BAY, INC. By _ (I hu:lk -- France Brat, Presid t� MORRO BAY-NATALIE, INC. ATTESTED BY: By_�4-rt Pierre M rab t, President t France Merat as attorney -in -fact BY CITY CLERK M TRACT 1996 THE CLOISTERS IfORRO BAY, CALIFORNIA CIVIL 4,956,419.56 LA,NDSCAPLNG %RS.970.i"e J-- ?on,dina Total 57.14= 419.?4 C;�;t: Cca.al Cots; E: ; nnerin; To tai 2 94-,;02.76 • i0% Conti ,g= <N Grand Total L091,, Bonding Fcc Si,856,449.56 La dsc _7in5r RRM Design Group Total 1�ffi,4-5.47 10 %o COLL'Mer..CY 138IJ43.65 Grand Totar 1 52 9E0.'-' 150% Banding Fcc $2,785 9i0.18 EXHIBIT_ PAGE OF • r- 91,y T 1RRO A� C�rT 1-1 • • � tl t •• • • p_- CLB AND GRUB - - ... - ... ---------------------- ----------- ------------ .......----- F�RTri'IOTZK ._...........................---.......- -- ...................867,66100 00 WATERsy=z- i .—----- --- ------------ - -- --- ........ - - - ...-.._....567,. sr,w:ER SYSTEM --- ---- ---- ---------......-------- ------------------- -----...-- ..370,732.00 STORK DR `ACE SYSTL:M.__.................... ........... .... .......... ....... 168,859.00 T-R=N 2 A�ti"D BA - � U-L FOR -- T, :�= .(kT.V..-........................L5,&OO.CO P.0 CONC. WALV, ='.K3 A.`+-D C TJ 1 �� Xti l - c S.._...._.590,4 i� 91 R0AD A.'y PAVEN2�ENT .................... _............ ..---...... ... ......................... 296,09L60 fSCBiL�s i�OUS................................................. -------..........._............... .... 1SL 2,94 ..ZTL76 Ccnci=gcxics �9d 34 5,:.�7,5SS.04 BONDL` C- RPOL REti yT: 1-50 x FENAL TOTS. 4,856, "..9._`a EXHIBIT_ PAGE a OF 2 Cl • J Eond Estinzte Summ-r, The Cicisters 8cndinq Eatlmata Sum cc.-APCNE."7T CCSTS CijNi=nE_—CPATiCN a --,7.55.243.130 I -, AC _ _l CrMMUMTY PARY, ---� — GaARLAVENLE s ;43.038.98 Tctal .I 5 1 .365.436.47 '0% ccntingency =i S 133.543.85 j Grand Total 1,523,980.12 S501" Bending Fee Total_t S 2,28°,970.18 EXHIBIT �l PAGE OF • EXHIBIT B TRAFFIC CIRCULATION AND RIGHT-OF-WAY IMPACT FEE Fees for the proportional impaccto the intersection of Nforro Bay Boulevard.!State Route 1. Southbound Ramus/Quintana Road Total Estimated Cost 5407,862 % Project Impact 3.17 Project Fees S 12,920 Fees for the proportional impact to the intersection of Morro Bay Boulevard/State Route 1. Northbound Ramps/Route 41/ylain Street Total EstimatedZG , 5146268 % Project Impact 1.76 Project Fees S 2,575 ees for Lne propoaional irnpac::o the intersection of Morro Bay Boulevard/San Jacinto Improvement • Total Estimated Cost 5167,814 % Project Impact 6.04 Project Fees S 10,139 • • • EXHIBIT C Said maintenance shall consist of the followin_s: Monthly street sweeping: 120 months. Seal Coat: At 5th and loth years. Striping: At 5th and loth years. Miscellaneous pavement/concrete patching and repair,and Sign Maintenance as needed ` Said maintenance shall be performed on the following streets within Tract 1996 as shown on Final Map of Tract 1996: Coral Avenue: Approximately 2900'. Emerald Circle: Approximately 2300'. Indigo Circle: Approximately 1400'. RESOLUTION NO. 68-96 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO FORM THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT • THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the Cloisters sub -division have requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space; and, WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and, WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", dated September 9, 1996 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and, WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) are required by City Ordinance to install improvements, and the territory owned by the subdivider(s) falls under the terms of such ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the formation, levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held September 23, 1996 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. • BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the Cloisters Park and Open Space are specified in the Engineer's Report dated September 9, 1996 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $148,944 or $1,241.20 per assessable parcel for the first year of the assessment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of September, 1996 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ATTEST: is " &,, B DGET BAUER, CITY CLERK u.wuncilxr 68-9 ENGINEERS REPORT CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT • SEPTEMBER 9, 1996 NAME: Cloisters Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: 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 first year of maintenance of Cloisters Park and Open Space. Organized Park and Demonstration Garden (4 acres) Personnel Services $5,000.00 Maintenance Worker II Leadworker Director Repair and Maintenance Supplies $ 2,000.00 Miscellaneous items to repair vandalism, • lights, park furniture, paper products, chemicals, ect. Insurance $ 500.00 Public Utilities $ 4,000.00 Electricity, Garbage (water, sewer not included) Repair and Maintenance Services $13,968.00 Electrical Repair Anticipated Plumbing Services Irrigation Repair Sub -Total Park and Open Space $25,468.00 Open Space (25 acres) Blow Paths-57.920 sq. ft of Path Maintenance Standard-9 min. per 1000 sq. ft 57,920/1000 sq. ft., 57.92 x 9 min. = 521.28 min. 521.92/60 min. = 8.69 hrs./wk 8.69 hrs./wk. x 52 wks. = 451 hrs. Engineers Report Cloisters Assessment District Page 2 • Mowing -16.8 Acres wetland-1.8 acres open space meadow-] 5 acres Total acres 16.8 acres Maintenance Standard-.5 hr/acre 16.8 acres x .5 = 8.4 hrs. x 6 times each year = 50 hrs. Trimming & Spraying Paths-57,920 So. ft. of Path Maintenance Standard 60 minutes/]000 sq. ft. 57,920/1000 = 57.92 sq. ft. x 60 min. = 3475/60 min. _ 57.92 hrs. x 6 times each year = 348 hrs. Litter Pick-Up-16.8 Acres Maintenance Standard 2 acres per hour 23.6/2 = 11.8 hrs./wk. x 26 weeks = 307 hrs. Lake Maintenance 2.0 hrs./wk x 52 weeks = 104 hrs. • Tree Trimming 285 trees x .5 hr/yr. = 143 hrs 2 hrs./wk x 52 wks. = 104 hrs Total Hours 1,507 hrs Maintenance Worker II 297 hrs. x $49.51/hr = $14,704.00 Maintenance Worker 11,210 hrs. x $43.51 $52,647.00 Sub Total Open Space $67,351.00 Medians and Parkway Costs of maintaining this area are similar to those of maintaining an acre of parkland 1.6 acres x $8,000/acre = $12,800 (less $3,500 irrigation) Sub -Total Medians and Parkway $9,300.00 0 Engineers Report Cloisters Assessment District Page 3 • Equipment Riding mower with flail deck with trailer 28,000.00 Various hand equipment, back sprayer, blower and others 3,000.00 Parks maintenance truck with locked tools boxes 13,000.00 Storage space two 10' x 30' bays 10,000.00 Total Costs for Equipment $54,000.00 The equipment purchase could be amortized over a 5 year period. However, the costs would remain in place for each year after the initial 5 year period as it would be necessary to replace and repair equipment. Sub -Total Charged for Equipment $10,800.00 Water Charge based on 8.66 acre/foot usage per year $36,025.00 Total Assessment Estimate Organized Park and Demonstration Gardens 25,468.00 Open Space 67,351.00 • Medians 9,300.00 Equipment 10,800.00 Water, Irrigation, Sewer 36,025.00 GRAND TOTAL $148,944.00 PER PARCEL YEARLY ASSESSMENT $148,944/120 PARCELS 1,241.20 u.wuncitcloiteng.dw Recreation & Parks CITY OF MORRO BAY PARRS DIVISION REFERENCE 0780 SECTION E8ci.lities and Equipment 0700 SUBJECT Eacilti.es Available PAGE 1 OF 4 DATE OF ORIGIN: 07/01/85 REVISED AS OF: 11/01/88 On July 1, 1985, the Parks Maintenance Division was transferred to the Recreation Department, establishing the Recreation and Parks Department of the City of Morro Bay. 1'he rationale for the consolidation of the two departments was to enable more efficient delivery and maintenance of leisure services and facilities. Maintenance Levels for Parks and Areas 0781 The following are levels standards for parks and areas • maintained by the Parks Division of the Recreation and Parks Department. Class A Parks: Parks representing highest quality of maintenance. Includes areas well landscaped with trees and shrubs requiring considerable labor for proper maintenance. Characteristics include: o well developed turf grasses o complete irrigation systems over entire park O extensive development of active recreational. facilities (tennis courts, picnic shelters) O permanent job station for at least one parks worker o regular and intensive litter control o mowed on a 4 - 12 day interval, dependent upon time of year o trees receive regular, extensive care for trimming, spraying o extensive planter arrangements with annuals Class B Parks: Parks representing a level of maintenance close to Class A • parks. Includes fine athletic fields, with limited landscaping and shrubs. Characteristics include: o well landscaped but minimal tree maintenance required • 1, C•'1l Recreation & Parks CITY OF MORRO BAY REFERENCE 0780 SECTION -Facilities and Equipment 0700 SUBJECT Facilties Available PAGE 2 OF 4 DATE OF ORIGIN: 07/01/85 REVISED AS OF: 11/01/88 0 well developed turf grass with much maintenance required 0 complete irrigation system for majority of park o extensive development of active recreational facilities 0 mowed on a 4 - 12 day interval dependent upon time of year 0 regular and intensive litter control required Class C Parks: Parks representing a need for a lower level of maintenance than a Class B park but may be used for less intensive activities. Characteristics include: o some type of irrigation system but not extensive 0 minimum landscaping in the form of trees requiring intermittent care o regular litter control 0 limited development of active recreational facilities such as small tennis courts or informal sports field 0 mowing on a 7 - 12 day schedule dependent upon time of year Class D Parks: Frequently used as a natural or rough park area, these parks are often nature areas. Characteristics include: o regular litter control o limited if any mowing 0 native grasses and trees allowed to develop naturally 0 little if no irrigation system o no active recreational facilities 0 generally part of a route of parks requiring less intensive maintenance • Annual Maintenance Schedule for Parks 0782 The annual maintenance schedule for all parks and grounds in the City is listed on the following page. The maintenance Recreation & Parks CITY OF MORRO BAY REFERENCE SECTION Facilities and Equipment 0700 SUBJECT Facilt.ies Avai.lahip PAGE 3 OF DATE OF ORIGIN: 07/01/85 REVISED AS OF: l.l./01/88 schedule requires certain activities be done in certain months of each year. in order to allow for a systematic and efficient use of City resources (manpower and equipment) in per.form.i,nq necessary maintenance to City parks and'gr.ounds. Maintenance Standards for Parks 0783 The following are maintenance standards for parks and grounds maintained by the Parks Division and were derived f:r.om Industry standards. A. Turf Care 1. mh=man hours Mowing -20" walking -" riding 2.80 mh/acre • -727." riding •50 mh/acre 2. Trim .35 mh/acre 3. Fertilize Tractor r gas weed 1.00 mh/1000 4. weed Control manual 64 mh/acre 5. Aerate 60" tow/covering 3:00 2.00 mh/acne mh/acne B. Trees/Shrubs 1. Planting -15 gal - 5 gal. 70 mh/unit 2. T .60 mh/unitTrimming -by hand 6" -by hand 50 mh/unit -by hand 2" 2 1 .80 mh/uni.t -by hand 18" 1.10 mh/unit 3. Tree re removal 1.60 mh/unit 4. Shrub pruning 5.00 mh/unit 5. Hedge trimming .50 mh/unit 1.50 mh/unit C. Ball fields 1. Drag infield, line 2. 3. Repair, regrade and reconstruct Football, 1.75 8.00 mh/field mil/fieldng 4. soccer field lini Clean fields, fan s areas Player 2.50 mh/field 2.00 mh/field • 11 1. �•L Recreation & Parks CITY OF MORRO BAY KL.•.... .. i6U SECTION Facilities and Equipment.' 0700 SUBJECT FaciltieS Available PAGE 4 OF 4 DATE OF ORIGIN: 07/01/85 REVISED AS OF: 11/01/88 D. Tennis courts/hard surfaces/horsehoe pits 1. Tennis courts (blower) 2. Tennis nets/windscreens -check and repair 3. horseshoe pits -check/replace/repair E. Pathways 1. Blower clean F. Picnic Facilities I. Grill check 6 clean 2. Litter barrel-retrieve/dump 3. Picnic shelter G. Playgrounds (10,000 sq. ft.) I. Check/repair 2. Add sand H. Restrooms 1. Small -cleaning 2. Large -cleaning 3. Flushing (monthly) I. Painting 1. Restroom building 1.00 mh/court 1.00 mh/court 8.00 mh/p,it 15 mh/1000 sq.ft. 80 mh/unit: 08 mh/unit 50 mh/unit 2.00 mh/unit 10.00 mh/unit .50 mh/unit .75 mh/unit 1.25 mh/unit 16.75 mh/un it C1c Lig • • [l MAINTENANCE TASKS Review for vandalism/repair Outdoor: Pick-up - paper trash cigarette butts Empty - trash cans Clean - tables benches drinking fountain fencing Check - interpretive panels pier, kiosks, bridges accessways bike rack observation deck play apparatus lights Indoor: • Clean - water closets urinals washbowls restroom floors/walls Weekly Mow turf Edge turf Trim turf around trees, posts and other hard to reach places Check playground equipment/lamps; replace failed lamps Blow paths Lake maintenance Bi-Weekly Rake and shovel play area surfacing Remove weeds from planter areas Litter pick-up - open space E Maintenance Tasks Page 2 Monthly Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Fertilize turf/planters areas Paint restrooms/structures Seed, aerate and verticut turf areas New plantings General safety inspection Annual tree pruning As Needed Remove graffiti from walls/structures Mow open space Pest/gopher control Trim and spray paths • u/w/council/cloimain 9 RESOLUTION NO. 66-96 • RESOLUTION DESIGNATING THE INTERSECTIONS OF AVALON STREET - IRONWOOD AVENUE AND AVALON STREET - SEAVIEW AVENUE AS STOP INTERSECTIONS, AND AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL ENTRANCES TO SAID INTERSECTIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersections of Avalon Street - Ironwood Avenue, and Avalon Street - Seavicw Avenue are under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, is it has been determined to be in the best interest of public safety, health, and welfare to install stop signs at said intersections; and WHEREAS, California Vehicle Code Section 21354 provides for the installation of stop signs through the designation of said intersections as stop intersections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the intersections of Avalon Street - Ironwood Avenue, and Avalon Street - Seaview Avenue, be designated as stop intersections, and that stop signs be erected at all entrances thereto; and BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the installation of appropriate signs and markings in accordance with these designations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of September, 1996, by the following vote: AYES: NOES: ABSENT: ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None Q.l l� BRIDGET UER, City Clerk 0 11 r RESOLUTION NO. 64-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, PROHIBITING SKATEBOARDING AT THE MORRO BAY COMMUNITY CENTER, FIRE DEPARTMENT AND MORRO BAY LIBRARY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council and Recreation and Parks Commission have been supportive of the skating community; and, WHEREAS, a portable skatepark was built and operated with the help of City and grant funding for the skating community; and, WHEREAS, the continued skating at the Morro Bay Community Center and Fire •Department has resulted in increased maintenance and repair costs, in addition to disruption of City functions, participants and City business; and, WHEREAS, the Recreation and Parks Commission discussed this issue at their August 8, 1996 meeting and unanimously forwarded a recommendation to the City Council to prohibit skating at the Morro Bay Community Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that skating shall be prohibited in the Morro Bay Community Center parking lot, front and back patios and stairways. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that skating be prohibited in the Fire Department parking lots and equipment bays. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that skating be prohibited in the Morro Bay Library parking lot. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the Morro Bay Community Center, Fire Department and Morro Bay Library be posted with signage indicating the prohibition of skating in these areas. Resolution No. 64-96 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of August, 1996 by the following roll call vote: AYES: Anderson, Novak, Yates NOES: Crotzer ABSENT: Unger ATTEST: AAA QA� •BRIDGE BAUER CITY CLERK u/w/council/rm64.96 0 RESOLUTION NO. 63-96 • RESOLUTION OF THE CITY OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO FORM A LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City Council has placed certain conditions on the development of Tract 1996, "The Cloisters," requiring formation of a property Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a public park, bicycle pathway, right-of-way landscaping, coastal accessways, ESH restoration area, and other common area improvements to be held by or dedicated to the City of Morro Bay as required by City Ordinance; and, WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract Map (condition 10e) and Precise Plan (condition 2c) as required by City Ordinance; and, WHEREAS, the Owners of the real property within the proposed district have consented in writing to the formation of the district pursuant to the Landscape and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to • assessments within the district; and, WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lots 121 and 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of the approval of the project; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to form a Maintenance Assessment District to levy and collect assessments pursuant to the "Landscape and Lighting Ace of 1972". (Streets and Highways Code Sections 22500 et seq.) 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 1996 or which are hereafter installed by developer. Pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. Resolution No. 63-96 • Page 2 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo, as more particularly described as Exhibit "A" hereto which is hereby incorporated herein. A map showing the boundaries of the proposed District is attached as Exhibit `B" which is hereby incorporated herein. 4. Staff is directed to prepare an Engineers Report for consideration at the September 9, 1996 City Council meeting. 5. This District shall be called the "Cloisters Landscape and Lighting Maintenance Assessment District". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of August, 1996 by the following roll call vote: AYES: Anderson, Novak, Yates NOES: Crotzer ABSENT: Unger • ATTEST: DGETT(4AUER CI CLERR uW/ nciUres63-96 0 WILLIAM YA MAYOR RESOLUTION NO. 62-96 • RESOLUTION PROHIBITING PARKING ON SEQUOIA STREET AT ITS INTERSECTIONS WITH DOGWOOD, ELM, AND FIR AVENUES, AND IN THE VICINITY OF CROSSWALKS. THE CITY COUNCIL City of Morro Bay, California WHEREAS, is it has been determined to be in the best interest of public safety, health, and welfare to restrict parking on Sequoia Street immediately east of Dogwood, Elm, and Fir Avenues; and also in the vicinity of crosswalks on Sequoia Street; and WHEREAS, pursuant to Morro Bay Municipal Code Section 10.36.040, the City Council may by resolution determine when standing, stopping, or parking of any vehicle on any publicly owned property is prohibited. NOW, THEREFORE BE IT RESOLVED that standing, stopping, or parking of vehicles is hereby prohibited on the south side of Sequoia Street for a distance of twenty (20) feet immediately east of the intersections of Dogwood, Elm, and Fir Avenues with Sequoia Street, and also immediately east and west of the crosswalks on Sequoia Street, as shown in Exhibit "A". BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the • installation of appropriate delineations to implement this resolution PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of August, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: None ABSENT: Unger ATTEST: BRIDGETT UER, City Clerk l�N1r=.a.1Tp.� �t-1c7�L • IRONWOOD HEMLOCK V' GREENWOOD U FIR C ELM Pae"u�.7iG, �st'eaGTior.i (-cKP.) - �' r.lo pa2�w1G " 20' e�T r� iuTdLsGTo" 1 �20 O F-- DOGWOOD Z _U CEDAR BIRCH z Ul)C d10 ALDER Pi . Q::::� ST / RESOLUTION NO. 61-96 • RESOLUTION DESIGNATING SEQUOIA STREET AS A THROUGH STREET, AND AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL STREETS (ALDER, BIRCH, CEDAR, DOGWOOD, ELM, FIR, AND HEMLOCK AVENUES) INTERSECTING SEQUOIA STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, Sequoia Street is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, is it has been determined to be in the best interest of public safety, health, and welfare to install stop signs on City streets intersecting Sequoia Street; and WHEREAS, California Vehicle Code Section 21354 provides for said installations through the designation of Sequoia Street as a through street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Sequoia Street be designated a through street, and that stop signs be erected on Alder, Birch, Cedar, Dogwood, Elm, Fir, and Hemlock Avenues where they enter Sequoia Street; and • BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the installation of appropriate signs and markings in accordance with this designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of August, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: None ABSENT: Unger ATTEST: 11 • RESOLUTION NO. 60-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF SENATE BILL 900 "THE SAFE, CLEAN, RELIABLE WATER SUPPLY ACT" T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has as its first two priorities the improvement of its water supply through conservation and reclamation; and WHEREAS, Senate Bill 900 (SB 900) titled "The Safe, Clean, Reliable Water Supply Act" has been passed by the California Legislature and approved by the Governor; and WHEREAS, the purpose of SB 900 is to finance prescribed water programs and to provide for the use of bond funds for specific state water projects as well as meeting the water supply needs of urban areas, agriculture and environmental objectives; • and WHEREAS, the major part of the bill administered by the Water Resources Board will allow a portion of $235 million to be used by local communities for the construction of eligible treatment works and water reclamation projects, drainage management, seawater intrusion control, water conservation and groundwater recharge and for a variety of local water projects; and WHEREAS, SB 900 will appear on the November 1996 ballot as Proposition 204. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby supports Proposition 204; and BE IT FURTHER RESOLVED that the committee, "California for Safe, Clean, Reliable Water", shall be contacted and informed that the City of Morro Bay endorses Proposition 204; and BE IT FURTHER RESOLVED that staff provide any assistance as is appropriate to the offices of Assemblyman Bordonaro and Senator O'Connell to promote the passage of Proposition 204. 0 • E is Resolution No. 60-96 Page Two PASSED AND ADOPTED by the City Council Bay at a regular meeting thereof held on the 1996 on the following vote: AYES: Anderson, Crotzer,.Novak, Yates NOES: None ABSENT: Unger ATTEST: 1 1 •: ED 1 1. 1 of the City of Morro 26th day of August, • RESOLUTION NO. 59-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING COUNCIL POLICY TO REVIEW THE MASTER FEE SCHEDULE IN CONJUNCTION WITH THE MID -YEAR BUDGET HEARINGS OF EACH YEAR; AND REVIEW OF THE CITY'S FISCAL YEAR BUDGET BETWEEN MAY 1 AND MAY 31 OF EACH YEAR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is the goal of the City Council to approve each year's City budget at the second City Council meeting in June of each year; and WHEREAS, it is the City Council's task to move through a series of budget hearings in order to finalize the budget; and WHEREAS, the budget hearing process is normally ongoing through a period of several weeks. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, direct the City Administrator to schedule the review of the Master Fee Schedule in conjunction with the mid -year budget hearings of each year; and the review of fiscal year budget hearings to begin the first week in May of each year, with the goal of completing the budget process by the end of May each year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of August, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: • BRIDGETT AUER, City Clerk • CITY COUNCIL RESOLUTION NO. 58-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE FISCAL YEAR 1996-97 MASTER FEE SCHEDULE WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges 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 fmds that the proposed fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution; • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1996-97 Master Fee Schedule is adopted and will be effective July 1, 1996 and thereafter unless amended. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of July, 1996, by the following vote to wit: AYES: Anderson, Crotzer, Novak NOES: Unger, Yates ABSENT: None .. Y n 9^ p Q • ° � a a OC]O OOco III cnCOD m w c °o a° 0 n � 1 m o o n y ry }� r7ca CD g y b ri.Tw G y G. ow R (D CD ry Q$� P iC s� CD bCD ca.� y (�yy � CD 0�C ti y CL O TO y.".w WVai o o a a a a y c_ y O O CD y ^r (p C n 7 b o D b y p ° 0 a y� Q Q. R. wo z' a CD Qo y.UQ Q. _ O C) ? W N 9 w ry O y ° CCD • W W y z 0 e `o• B C B Oil �z w N O oNo tAi� N cn O N A w O O to O oo to to to O O cn 0 0 O in b O O O Cl O O O O O O O O O O 666 O O O O O O O 66 O O fD a 11 • E P =. a A ro pD. .o c ° < e _ C7 C7 CD CDro A t =oa C. _ C. (D N O c fD C] � o m C T A T A eba o A C n A T d a T H y T Qto u T A mr A eae O. eD �o Ul ry d � b Q 0 � T � d A A O' .-• VNi J W W .-. 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CD). / \ m CD / 0 CL 0 0 RESOLUTION NO. 57-96 AUTHORIZATION APPROVING TEMPORARY PLACEMENT OF CENTRAL COAST MARITIME MUSEUM ASSOCIATION ANCHOR AT TIDELANDS PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Central Coast Maritime Museum Assoc. (CCMMA) has been incorporated as a California non-profit Corporation for approximately 4 years; and, WHEREAS, the CCMMA has received the City of Morro Bay's full support in its effort to develop a museum site in Morro Bay; and, WHEREAS, Chevron's Estero Bay Marine Terminal has offered to donate an historic anchor to the CCMMA for eventual placement at the CCMMA museum site; and, WHEREAS, the CCMMA has requested City permission to display the anchor at Tidelands Park until such time as a permanent museum site can be found; and, WHEREAS, Chevron has further donated up to $3,000 for shipping and relocation costs for the anchor to be placed at Tidelands Park; and, • WHEREAS, the Recreation and Parks Commission and the Harbor Advisory Board support temporary placement of the anchor at Tidelands Park with a plaque commemorating Chevron's donation and detailing the plans of the CCMMA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that permission is given for placement of the anchor at Tidelands Park until such time as the permanent museum site is found and that the City of Morro Bay hereby thanks Chevron for its donation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of July, 1996, by the following vote: AYES: Anderson, Novak, Unger,.Yates NOES: Crotzer ABSENT: None CITY COUNCIL RESOLUTION NO. 56-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1996-97 FOR THE CITY OF MORRO BAY 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 finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; 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, the City Council recognizes that Capital Improvement Projects authorized and approved in Fiscal Year 1995-96 may not be completed by June 30, 1996; and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible. NOW THEREFORE, BE IT RESOLVED: 1) The Fiscal Year 1996-97 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets; and 2) Staff is directed to prepare and publish a final budget document. 3) The City Administrator is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, • budgetary control is intended to be at the division level appropriations total for operating is Resolution No. 56-96 Page Two budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved. 4) The City Council authorizes and directs the transfer of the balances of projects approved in Fiscal Year 1995-96, but not completed by June 30, 1996, to the Capital Improvement Project Fund(s) for Fiscal Year 1996-97. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of July, 1996, by the following vote to wit: AYES: Anderson, Novak, Yates NOES: Crotzer, Unger ABSENT: None BRIDGET AUER, City Clerk . u n�swe iw u. awn Exhibit A • p rr MO co 00"o(OD Inowoov mN W W n N W) N, (00(O O N N Na 07Cl) FO" m0) MOnn C O (O N (ON n(O (+i U Z>> N C CO N, CO w N C V OD 3 W 0 � M M Cl)qT (O CO IT N 0 00 [} N 0 O I IL 0 N COO 0)to C� n O (O CD 0100 CD NOON N LU co N -It n 00 (O c0 M 0) (O O (O NM co IW-7 M0)O 0)In. 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Ix a H W 0 0 m "' O o o .- C O V 7 O Of i O V N OO Cl) N i017(7 1-(00 N LO N 1 00 1- N O_ M N N co t- O O V O((i R nN V O 00 n 00 M 0 OMO N , 1�1�0) V (O (O W MLOLO°a'oov� N V N(Du77 a 00 EOM 1�N(`7 OD 0)N I�r— tto o ap W '1 M O r M O 00 � 0- (D Lo (n V'O(7(O�O 00N, r r( N N N In cco O<t V coM0 w o- oinv rl V 00 O N Cl) (O,O n 7 O M I to V 0 0 0 0 0 N N t` OD Cl O OD rq vmN(nOm Yf I,- , I-- - ('7 M C m W2 O y0 Q p�0 U 2 Q Z ~ QaLL �o LU U OWW 2 Z ayV�U a 0 :3 a 2QQ�2CW C Q ,yy��O J J000WUca U F co (Wng�cOi�ic ro (n 1� O m 0 G �i 9 City of Morro Bay Department Budget Summary By Fund Fiscal Year 1996-97 Appropriations Exhibit B Personnel Capital Total Council 32,940 600 28,479 0 0 0 62,019 Administrator 157,136 1,550 18,540 0 0 0 177,226 Attorney 0 0 80,000 0 0 0 80,000 onnel 83,407 1,200 35,181 0 0 0 119,788 imunity Promotions 0 0 50,150 0 0 0 50,150 tions 0 0 12,000 0 0 0 12,000 \NCE: )unting & Treasury 285,771 11,750 100,032 0 0 0 397,553 mation Services 22,360 1,000 6,300 0 0 0 29,660 ttion Commission as Services 113,629 2,400 25,843 114,421 19,000 24,329 0 0 125 197,211 25,000 34,574 101,915 11,000 16,743 138,018 14,500 37,721 0 0 0 0 0 0 0 177,220 0 0 0 0 0 141.872 0 157,750 0 125 0 434,005 0 129,658 0 190,239 & Building 250,248 6,285 100,978 0 0 0 357,511 Commission 0 0 3,200 0 0 0 3,200 1,541,679 42,500 157,841 0 7,350 0 1,749,370 764,938 29,500 75,588 6,100 54.070 0 930,196 ring/Administration 307,087 2,900 51,963 0 0 0 361,950 Maintenance 104,597 4,300 15,499 0 0 0 124,396 138,007 50,165 151,834 0 0 0 340,006 Facilities (Dept 921) 0 2,000 32,000 0 0 0 34,000 bage Service(Dept 923) 0 0 65,400 0 0 0 65,400 :er Service(Dept 931) 0 0 6,000 0 0 0 6,000 To Other Agencies(Dept 931) 0 0 9,000 0 0 0 9,000 al Visitors Bureau(Dept 932) 0 0 48,950 0 0 0 48,950 nm. Pram non-local(Dept 932) 0 0 34,300 0 0 0 34,300 nal Regulation(Dept 933) 0 0 15,000 0 0 0 15,000 iy/Neuter (Dept 933) 0 0 2,500 0 0 0 2,500 !at Lighting(Dept 950) 0 0 54,119 0 0 0 54,119 gating Contingencies(Dept 980) 0 0 0 0 0 0 0 nsfer to Recycling Fund 0 0 0 0 0 95,000 95,000 nsfer to Bayshore Bluffs A.D. 0 0 0 0 0 0 0 rs to Capital Improvement Fund GENERAL FUND TOTALS- 4,353.364 225-6.50 1.294,189 69 4 21 0 5.100 238,640 95.000 0 4 2 K EXP0618.WK4 07/14/96 07:51 AM City of Morro Bay Department Budget Summary By Fund Fiscal Year 1996-97 Appropriations Personnel Capital Total Services Supplies Services Outlay Debt Svc. Transfers Approp. ftARBORF ND402,868 33,0001 186,8371 0 1 120,0001 254,000 1 996,705 WATER FUND 293,8911 62,0001 329.6281 0 1 2,186,6241 576.1851 3,448,328 JA148,1 IGAS TAX • ���1� r ����� EXP0618.WK4 07/14/96 08:26 AM Exhibit C n u U O W�fh • L� N> O� %tea 0 Hr o tC nQs 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N 0 0 0 O O O N O O N N 0 0 N N N N N V V R n v r N N r 0 O N O m N N v m N N N N N N N N o 0 0 o N t�0 M O V w co [rO M P') c] th lh M(D N M 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O o O N N 0 0 0 0 O O O O O O O O O O N— r M o O N N N N N N O N aD O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O N N m 0 0 0 O O O O O O O O r N O 0 N N N M N O N w r .- N O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O N O N N 0 0 0 0 N N O A C J O U N o E N a E E Z O N v 0 c N o U a m D o a Q m m c m w `o LL c d E E O N U N O y N C L o a C C o a 0 Y O� c ia U o 0 m 0, ` o_ m- 0 U 3 Cm t y O (p W E o v C 0 p U O U m LL U S Com' T m d 2) O V m Q m 0 W W W lL LLL LLL RESOLUTION NO. 55-96 A RESOLUTION OF THE CITY OF MORRO BAY REQUESTING • A GRANT IN THE AMOUNT OF $24,400 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE DEVELOPMENT OF A BOAT PUMPOUT/DUMP STATION FACILITY AT TIDELANDS PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of developing a boat pumpout/dump station facility at Tidelands Park to meet the needs of the boaters and to provide public access to these facilities; and, WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of boat pumpout/dump stations facilities; and, WHEREAS, the City of Morro Bay is willing to enter into an agreement to provide for the operations and maintenance of the proposed facilities at no cost to the State. NOW, THEREFORE, BE IT RESOLVED, that the City Council by adoption of this resolution hereby requests that the Department of Boating and Waterways provide a grant in the amount of $24,400 (an additional $16,400) for the purpose of developing a public use boat • pumpout/dump station facility at Tidelands Park; and, BE IT FURTHER RESOLVED that the City agrees to accept the grant and hereby authorizes the Mayor of the City of Morro Bay to sign the grant agreement and accept the grant for the purpose stated above. PASSED AND ADOPTED by the City Council of Morro Bay on this 8th day of July, 1996. AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None MAYOR ATTEST: CITY CLERIK ATES u/w/council/res55-96 RESOLUTION NO. 54-96 • A RESOLUTION AWARDING CURBSIDE RECYCLING FRANCHISE AGREEMENT TO RALCCO FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 2001 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 8.16.500 of the Morro Bay Municipal Code established a City-wide curbside recycling program; and WHEREAS, the City of Morro Bay, hereinafter referred to as "City" and RALCCO, hereinafter referred to as "contractor," entered into a franchise agreement for the collection, storage and marketing of recyclable materials, commencing January 1, 1996 and terminating December 31, 1996; and WI-IEREAS, it is in the public interest for City to enter into a long-term franchise agreement with a qualified curbside recycling contractor; and • WHEREAS, City solicited proposals for residential and commercial curbside recycling services; and WHEREAS, three proposals were received by the submittal deadline of 5:00 p.m., April 12, 1996; and WHEREAS, said proposals have been reviewed and Contractor has been determined to he the most responsible and responsive proposer; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to provide said curbside recycling services; and WHEREAS, City desires to retain Contractor to provide said curbside recycling services; and WI-IEREAS, Contractor desires to provide said services to City during the tern of the Curbside Recycling Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay to award the Curbside Recycling Franchise Agreement to RALCCO for the period January 1, 1997 through December 31, 2001 with an option at City's sole discretion to renew said agreement • for an additional three years. Resolution No. 54-96 Page Two BE IT FURTHER RESOLVED, the Public Works Department is hereby directed to • prepare the Curbside Recycling Franchise Agreement for final approval by Council. P PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of July, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER, City Clerk Jb:j...k hffnA4v5496.m1 RESOLUTION NO. 53-96 • A RESOLUTION AWARDING SOLID WASTE FRANCHISE AGREEMENT TO MORRO BAY GARBAGE SERVICE FOR THE PERIOD JANUARY 1, 1997 THROUGH DECEMBER 31, 2001 THE CITY COUNCIL City of Mono Bay, California WHEREAS, Chapter 8.16 of the Morro Bay Municipal Code established regulations and procedures to provide for the storage, collection, and removal of all garbage, refuse, rubbish, and waste materials, hereinafter collectively referred to as "solid waste," generated and/or accumulated within the City; and WHEREAS, pursuant to Section 8.16.240 of the Morro Bay Municipal Code, the City of Morro Bay, hereinafter referred to as "City" and Morro Bay Garbage Service, hereinafter referred to as "contractor," entered into a franchise agreement for mandatory refuse collection within City limits, commencing January 1, 1992 and terminating December 31, 1996; and WHEREAS, it is in the public interest for City to enter into a long-term franchise agreement with a qualified solid waste contractor; and • WHEREAS, City solicited proposals for solid waste collection services; and WHEREAS, two proposals were received by the submittal deadline of 5:00 p.m., April 12, 1996; and WHEREAS, said proposals have been reviewed and Contractor has been determined to be the most responsible and responsive proposer; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to provide said solid waste collection services; and WHEREAS, City desires to retain Contractor to provide said solid waste collection services; and WHEREAS, Contractor desires to provide said services to City during the term of the Solid Waste Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay to award the Solid Waste Franchise Agreement to Morro Bay Garbage Service for the period January 1, 1997 through December 31, 2001 with an option at City's sole discretion to renew said • agreement for an additional three years. Resolution No. 53-96 Page Two BE IT FURTHER RESOLVED, the Public Works Department is hereby directed to . prepare the Solid Waste Franchise Agreement for final approval by Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of July, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT AUER, City Clerk Jbl.ne .Vbf6PtVe 5396.mbg RESOLUTION NO. 52-96 RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED 0 ABATEMENT PROCEDURE AND MAKING ASSESSMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Ordinance Title 8, Chapter 8.12 requires the abatement of weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Morro Bay Municipal Code for the year 1996. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California as follows: 1. That no objections to said report and assessment have been made. 2. That the written report now being submitted to the City Council by City staff setting forth an itemized report of the cost of abatement in front of or on each separate parcel of land where work was done by the Contractor is hereby approved as submitted. • 3. Said report shall be filed in the office of the City Clerk and said City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before July 19,of each year; and 4. The County Auditor shall thereon enter each assessment on the County Tax roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the provisions of government Code Sections 39581 through 39588 inclusive. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting held on the 8th day of July, 1996, by the following vote: AYES: Anderson, Novak, NOES: Crotzer, Unger ABSENT: None ABSTAIN: None ATTEST: BRIDGETT AVER, City Clerk Yates CITY OF MORRO BAY • 4w 1996 WEED ABATEMENT CHARGES Assessor's Parcel No Total Tractor Time n $19.95 Per Hr Total Hand Time n $19.00 Per Hr Cubic Yards of Disposal at $60.00 per cubic yard Total Cost Total Plus 30% Admin Fee 1 065-066-023 .16 .5 1.0 72.80 94.64 2 065-066-025 .16 .5 1.5 102.80 133.64 3 065-066-027 .16 .5 1.5 102.80 133.64 4 065-075-058 .75 .21 8.0 498.95 648.63 5 065-091-017 .42 1.25 1.5 122.12 158.75 6 065-124-022 .25 .75 1.0 79.23 102.99 7 065-182-008 3.5 3.5 8.0 616.32 801.21 8 066-023-003 0.0 .67 .5 42.73 55.54 9 066-023-004 0.0 .67 .1 18.73 24.34 10 066-023-006 0.0 .67 .1 18.73 24.34 11 066-023-007 0.0 .67 .5 42.73 55.54 12 066-023-010 0.0 .67 .5 42.73 55.54 13 066-023-011 0.0 .67 .5 42.73 55.54 14 066-023-014 0.0 .67 .5 42.73 55.54 15 066-023-015 0.0 .67 .5 42.73 55.54 16 066-023-018 0.0 .67 .5 42.73 55.54 17 066-023-026 0.0 .67 .5 42.73 55.54 18 066-024-014 0.0 2.0 1.5 129.90 168.87 19 066-141-002 .5 2.0 8.0 527.97 686.36 20 066-192-005 0.0 1.0 1.0 79.00 102.70 21 066-222-061 0.0 1.5 2.0 149.92 194.89 22 066-252-004 0.0 2.7 3.0 231.30 300.69 23 066-254-010 1.0 3.0 7.0 496.95 646.03 24 066-263-003 0.0 1.5 2.0 148.50 193.05 25 066-311-013 0.0 .75 1.0 74.25 96.52 26 066-312-011 0.0 .75 1.0 74.25 96.52 27 068-154-001 1.0 3.0 8.5 586.95 763.03 28 068-154-012 .67 2.0 7.5 501.36 651.76 29 068-157-002 .84 2.5 8.0 544.25 707.52 30 068-214-012 .67 2.0 4.5 321.36 417.76 31 068-227-004 0.0 1.0 2.0 139.00 180.70 32 068-231-008 2.25 6.75 8.5 683.13 888.06 33 068-231-011 3.5 3.0 6.0 486.82 632.86 34 068-251-013 .92 3.7 5.0 388.65 505.24 35 068-251-014 .92 3.7 5.0 388.65 505.24 36 068-252-022 0.0 3.0 6.0 417.00 542.10 • 37 068-253-021 .58 2.3 6.5 445.27 578.85 38 068-253-036 0.0 3.3 9.0 602.70 783.51 39 068-253-041 1.25 5.0 7.5 569.93 740.90 40 068-254-007 0.0 3.0 4.0 297.00 386.10 41 068-254-032 .75 3.0 3.5 281.96 366.54 42 068-255-011 .58 2.3 4.5 325.27 422.85 43 068-255-014 0.0 .67 2.0 132.73 172.54 44 068-256-015 1.0 4.0 7.5 545.95 709.73 45 068-322-016 0.0 2.5 5.0 347.50 451.75 46 068-322-018 0.0 .5 1.0 69.50 90.35 47 068-340-020 1.0 3.0 2.5 226.95 295.03 f:\charge96.doc • . CITY COUNCIL RESOLUTION NO. 51-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING CONTINUED FUNDING FOR CITY OPERATIONS IN FISCAL YEAR 1996-97 AT LEVELS AUTHORIZED FOR FISCAL YEAR 1995-96, PENDING ADOPTION OF THE FISCAL YEAR 1996-97 BUDGET WHEREAS, the City of Mono Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; 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, the City Council desires to deliberate further on fiscal matters prior to adoption of the Fiscal Year 1996-97 Operating and Capital Improvement budget; and WHEREAS, the said deliberations are expected to extend beyond July 1, 1996, the beginning of Fiscal Year • 1996-97; and WHEREAS, the City Council desires that city operations continue undisrupted during this period. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby authorizes the City Administrator to continue normal business operations and expend those funds necessary to carry -out normal operations at service levels adopted for Fiscal Year 1995-96, until such time as a Fiscal Year 1996-97 budget is adopted. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of June, 1996, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None BRIDGETT AUER, City Clerk 0 • CITY COUNCIL RESOLUTION NO. 49-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1996-97 FOR THE CITY OF MORRO BAY WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition I I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 1996-97 Appropriations Limit at $10,112,822 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of June, 1996, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None "J�- O A.Q./l/ Bridgett Bau City Clerk Attachment A City of Morro Bay Fiscal Year 1996-97 Appropriation Limit Calculation • Property Taxes 1,223,500 Franchises x 453,948 Property Transfer Tax 12,500 Sales & Use Tax 1,142,258 Transient Occupancy Tax 1,026,158 Utility Users Tax 0 Business Licenses 133,250 Permits x 122,250 Fines & Forfeitures x 26,000 Motor Vehicle In Lieu 338,849 Post Reimbursements x 12,000 State & Local Grants x 91,576 Transfers In x 852,988 Revenues From Cuirrent Services x 436,805 Miscellaneous Revenues x 39,550 Mandated Cost Reimbursements x 9,500 Gas Tax Revenue 191,811 Cross -Foot Sub -total: 4,068,326 2,044,617 6,112,943 • Proceed %/Non -Proceeds % of total revenues 67 % 33 % Investment Income 67,000 33,000 100,000 Total: $4,135,326 $2,077,617 $6,212,943 PRP49697.WK4 - 06/19/96 - 08:03 AM Attachment B M Ih r 0 (o 0 0 (o O O Ih ON , 0 0 0 O N a)N WO WMlANMOO(o (o Vr(o NODN M u7 to Mf`Or0L0OL0 L0O(o a)LO OD V 00 (O NO�Ln(o C6� Wr �lh V r-: DLO MN C V OL, 1, VM V N(o r W 1h, 1,- O M 1- r _O • O V 1�, 0rl0 M(o0 VO rl N CM(o Co "' (0 w+ MMM V V V L0 L0 Ui(O(O h� O W 00(.oM n r O J Q Q Q O N L0 Lo Of n M C N Q M Co O UV LC Z 00 0 C LL r a— O C N M M N m V O (o O O r 01—a0 MM MLO O O Co V WM C Of Q V N M (M V L M N U m C Z a U o U CD C i O Co l4 MNM0 w r) (No n^ C OI d Q r O r N r U (0 Z W V C) • MN Ln r V V N NA N C- to, M Nc-O h hh W CM OO) N- V V ONO V V C m� Q U m d Z aUCU m r r N Co 0 0) o) i C O (o V MN('M M4 C Ol Q C d w 2 U Z _f0 a� av Q o o 0 '6 0 T0) U W N (p M m O M0 r-Lp rN OM M Co0 Cl(oh w aO aO M w MOr OD OOM NM TM V 00 M OO � O 0 mf0 U M(D M M MM MMM MCnMC MOOOO M ` r } r r r (0 (D O N 000)OrNM V LO W r�M OOr NM V l0O Y C U N h O/p OMIbMOOOMmOOQI OO) O O}_ O a)d)O W W Q1OOa)D)OOOI O)a)m m0)O O LL f0 >V > _ U N .n ca i-O N N N N N N N N N N N N N N N N N N d 0) }}}}}}}}}}}}}}}}}}%' (o 0 D_ 70 (C 6 (0 /9 (C w(6 70 w(0 (6 f0 w cU LO LO l0 Lv Q) Q U U O D U U U U U U U U U U U U U U V d N N (/1 N N N N N N (n N co U1 N f/1 N N (/1 N Q. LL EE EiT- LL LL LL I.L I.L_ Ii LLLLLL M Li IZ LLIL d Attachment C ENCLOSURE II • ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1995 DATE PRINTED TO JANUARY 1, 1996 AND TOTAL POPULATION JANUARY 1, 1996. 04/30/96 COUNTY CITY SAN LUIS OBISPO ARROYO GRANDE ATASCADERO EL PASO DE ROBLES GROVER BEACH MORRO BAY SAN LUIS OBISPO UNINCORPORATED SAN LUIS OBISPO COUNTY • POPULATION MINUS EXCLUSIONS POPULATION ANNUAL PERCENT CHANGE 1995 TO 1996 1-1-95 1-1-96 TOTAL POPULATION 1-1-96 1.92 14,885 15,171 15,171 2.14 24,232 24,750 24,750 2.57 19,988 20,501 21,429 1.47 11,946 12,122 12,122 1.78 9,518 9,687 2.72 7,966 B,i83 8,183 1.57 41,295 41,943 41,943 2.84 89,191 91,721 99,143 2.31 219,021 224,078 232,428 • * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. PAGE 1 STATE OF CALIFORNIA PETE WILSON, Go"mor DEPARTMENT OF FI 915 L STREET SACRAMENTO. CA 95814-3706 May 13, 1996 Attachment D MAY 17 1996 Finance Department REVISED APPROPRIATIONS LIMIT DATA FOR LOCAL JURISDICTIONS This letter is to inform you that the Department of Finance has corrected the Price Factor, that is, the percentage change in per capita personal income, to be used in setting the 1996 - 1997 appropriation limit. The revised Price Factor is lower than the Price Factor given in Enclosure I of the letter, Price and Population Data for Local Jurisdictions sent to you on May 1, 1996. The old Price Factor was 5.21 percent. The new Price Factor is 4.67 percent. • We have revised Enclosure I to reflect the new Price Factor and to show how the new price factor and population factor are used in computing an appropriations limit. We apologize for any inconvenience this revision causes. But we do ask that you notify any affected offices within your jurisdiction of this revision. If you have any questions, please call us at (916) 323-4086. Sincerely, Linda Gage, Chief " Demographic Research Unit 915 L Street, 0 Floor Sacramento, CA 95814 0 0 RESOLUTION NO. 48-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REAFFIRMING COMMUNITY SUPPORT OF THE LOCAL COMMERCIAL FISHING INDUSTRY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, since the founding of the community, the commercial fishing industry has played a significant role in the development of Morro Bay; and WHEREAS, the commercial fishing industry provides a significant economic source for the community as well as serving as an important tourist attraction; and WHEREAS, the commercial fishing industry is designated the number one priority in the City's General Plan and Local Coastal Plan; and WHEREAS, the California Coastal Act of 1976, in keeping with the community's policy of giving priority to commercial fishing in new harbor development, requires the City of Morro Bay to protect • and upgrade, wherever feasible, commercial fishing facilities. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Morro Bay, California, reaffirms its support of the local commercial fishing industry; reaffirms that the commercial fishing industry is to receive the City's highest priority as outlined in the City's General Plan and Local Coastal Plan; directs the City's staff to continue their efforts on behalf of the commercial fishing industry in opposing regulations and restrictions that adversely affect the commercial fishing industry (Morro Bay City Council Resolution No. 107-84). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of June, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: Olxa % BRIDGETT AUER, City Clerk iRESOLUTION NO. 47-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ORDERING PLACED ON THE BALLOT OF THE NEXT GENERAL MUNICIPAL ELECTION AN INITIATIVE MEASURE TO EXPEDITE AND CREATE A COMMUNITY CABLECASTING COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, an initiative petition was presented to the City Clerk on March 25, 1996 to create a Community Cablecasting Commission; and WHEREAS, said initiative petition has been examined by the County Clerk's office and certified as being sufficient in accordance with Section 4011 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at the next general municipal election to be held on November 5, 1996; and • WHEREAS, the Morro Bay City Council did, by Resolution No. 46-96, call said general municipal election and requested the County Board of Supervisors to approve consolidation of the election with the statewide election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the, City of Morro Bay, California, as follows: 1. The City Council, pursuant to its authority in accordance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the following questions: Shall an Ordinance be enacted to create a Community Cablecasting Commission? Yes No 2. The City Clerk is hereby directed to forward a copy of Resolution No. 47-96 to the County Clerk for inclusion in ballot for the November 5, 1996 general municipal election. 19 Resolution No. 47-96 • Page Two • 3. The initiative measure shall pass only if a majority of the votes cast by voters voting on the measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. 4. The City Council hereby directs the City Attorney to prepare an impartial written analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of June, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER, City Clerk WILLIAM YATES, 40 CLERK'S CERTIFICATE TO INITIATIVE PETITION I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, State of California, hereby certify: That the "Community Cablecasting Ordinance" Initiative Petition was submitted to my office on May 7, 1996, by the Morro Bay City Clerk for verification of 500 signatures by random sample. Said petition consists of 115 sections; That each section contains signatures purporting to be the signatures of qualified electors of the City of Morro Bay; That attached to this petition at.the time it was presented for signature checking was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1. Number of unverified signatures submitted 1.064 2. Number of signatures verified 500 a. Number of signatures found SUFFICIENT 409 b. Number of signatures found NOT SUFFICIENT 91 1. NOT SUFFICIENT because DUPLICATE —5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 29th day of May, 1996. oBIsap 0 G� J LIE L. RODEWALD, County Clerk -Recorder sA ---� 1t �v • FULL TEXT OF MEASURE AN INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF MORRO BAY TO EXPEDITE AND CREATE A COMMUNITY CABLECASTING COMMISSION The People of the City of Morro Bay do hereby ordain as follows: Section l• To foster local harmony and better government, the City shall establish a community video cablecasting (cablecasting) service over the public access channel provided for this purpose by the City's cable communication system franchise, Section 5.30.590 of the Morro Bay Municipal Code. Section 2• Upon adoption of this ordinance, the City Council shall expedite the creation of a Community Cablecasting Commission (Commission) by appointing seven Commission Members who shall: a) Be video cable subscribing city residents; b) Serve three-year terms except that the initial term lengths shall be staggered from • one to three years in the usual city manner; Function independently c) of any municipal control other than council oversight, and, excepting provisions of this ordinance to the contrary, similar to other citizen volunteer city bodies; d) Select officers annually, maintain appropriate records and establish a regular schedule of meetings which shall be noticed, open to the public and initially cablecast by tape, but live as soon as possible; e) Be dismissed by Council for nonfeasance, misfeasance or malfeasance of office, but solely for these reasons. Section ?. The Commission shall advise the City on the best available technology feasible for the timely selection and installation of the necessary cablecasting infrastructure. Appropriate professional and technical assistance for this and subsequent Commission cablecasting shall be provided by the City as needed. Section 4• Citizen generated, non commercial, locally oriented and conveniently scheduled cablecasting shall include: a) Live cablecasts of most open city meetings; b) Moderated interviews and debates on important community issues, agenda items and actions taken by city bodies; c) A forum for public evaluation of city officials, policies and functions; • d) Interaction with telephone callers; • e) A regularly scheduled, frequently updated and automatically transmitted municipal notice and community event calendar; f) Taped and live material with educational, creative and diverse programs by community members with access to city video studio facilities; . g) On-line public safety cablecasting capability from the Police Station. Section 5• The Commission shall function impartially and independent of any city control except oversight by Council and with an operating budget of up to seventy five percent (75%) of the City's prior year cable communication system franchise fee. However, a ten percent (101/6) contingency and carry-over allowance provision between fiscal years shall apply. Additional cablecasting funding may come from sources other than the City. Section 6. The Commission may enlist volunteer helpers who with Commission members shall be properly insured by the City while performing cablecasting related duties. Section 7• This ordinance shall also apply to any succedent, additional or substitute cablecasting franchise granted by the City. Section 8• if any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of this ordinance. • Section 9• This ordinance shall supersede all other ordinances, policies, guidelines and operating procedures in conflict therewith. 0 2 RESOLUTION NO. 46-96 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; FOR THE PURPOSE OF VOTING ON A MEASURE TO ADOPT AN INCREASE IN THE CITY TRANSIENT OCCUPANCY TAX FROM 9% TO 10%; FOR THE PURPOSE OF VOTING ON A MEASURE ESTABLISHING THE MORRO BAY TRANSPORTATION TRANSACTIONS AND USE TAX; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 5, 1996; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and • WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 5, 1996 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election; and WHEREAS, pursuant to Elections Code Section 9222, the City Council may submit to the voters, without a petition therefor, a proposition for the enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be enacted accordingly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 5, 1996, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election of two (2) members of the City Council for the full term of four • years, and for the election of one (1) Mayor of the City Council for the full term of'two years; and Resolution No. 46-96 • Page Two 2. The City Council does hereby order submitted to the qualified electors of said City at said general municipal election the following question: Shall the Ordinance amending Section 3.24.030 of the Morro Bay Municipal Code to increase the Transient Occupancy Tax ("bed tax") from nine percent (9%) to ten percent (10%) be adopted? YES Mki 3. The City Council does hereby order submitted to the qualified electors of said City at said general municipal election the following question: Shall the Morro Bay Municipal Code be amended to add Chapter 3.22, imposing a transactions and use tax in the amount of one-half of one. • percent? YES NO 4. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 5, 1996; and 5. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 6. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and • • Resolution No. 46-96 Page Three 7. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election; and 8. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 9. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of June, 1996 on the following vote: • AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: 1 BRIDGETT AUER, City Clerk u . FULL TEXT OF MEASURE AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND CHAPTER 3.24 OF THE MORRO BAY MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX RATES The People of the City of Morro Bay do hereby ordain as follows: yra -IT. d- 1' 1 1 1 U_ This ordinance and the tax authority herein is enacted pursuant to the provisions of Section 7280 of the California Revenue and Taxation Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Division 2 of Title 5 of the California Government Code commencing with Section 53720. It is the intent of this ordinance to increase City funds in order to offset revenue losses due to State and County budget cut -backs and associated increased fees to local government, and to augment revenue sources negatively impacted by a lagging economy. .a � \ i W Transient Occupancy Taxis a General Tax as defined in Government Code Section 53721. The tax is imposed for General Governmental Purposes. Section 3.24.030 of the Morro Bay Municipal Code is hereby amended to read as follows: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. 0 The tax rate authorized by this ordinance shall commence on January 1, 1997. n u FULL TEXT OF MEASURE AN ORDINANCE OF THE PEOPLE OF THE CITY OF MORRO BAY IMPOSING A TRANSACTIONS AND USE TAX FOR REPAIR, REPLACEMENT, CONSTRUCTION, RECONSTRUCTION OR RESURFACING OF THE CITY"S STREETS AND ROADS SYSTEM AND INCREASING THE CITY'S SPENDING LIMIT THE PEOPLE OF THE CITY OF MORRO BAY DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 3.22 of Title 3 of the Morro Bay Municipal Code shall be added as follows: 3.22.010 Short title. This chapter shall be known as the Morro Bay Transportation Transactions and Use Tax Ordinance. 3.22.020 Rate. The rate of transactions tax and use tax imposed by this chapter shall be one-half of one percent. • 3.22.030 Operative date. "Operative date" means the later of: A. the first day of the first calendar quarter following the adoption of the ordinance codified herein; or B. the first day following the effective date of legislation by the California Legislature which permits the City to enact a transactions and use tax for the purposes set forth herein. 3.22.040 Transaction. 'Transaction" or "transactions" as used in this chapter have the same meaning respectively as the words "sale" or "sales," and the word "transactor" as used in this part has the same meaning as "seller," as "sale" or "sales" and "seller" are used in Part I (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code of the State of California. 3.22.050 Purpose. The citizens of Morro Bay declare that this chapter is adopted to achieve the following purposes, and direct that the provisions hereof be interpreted in order to accomplish those purposes: A. To adopt a transactions and use tax ordinance which complies with the requirements and limitations contained in the California Revenue and • Taxation Code which authorizes the city to adopt this tax ordinance which shall 3.22.090 Use tax. • An excise tax is imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in the city at the rate stated in Section 3.22.020 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which the delivery is made. 3.22.100 Adoption of state statutes. Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Sections 7251 et seq. of the Revenue and Taxation Code of the state, all of the provisions of Sections 6001 et seq. of the Revenue and Taxation Code of the state are adopted and made a part of this chapter as though fully set forth herein. 3.22.110 Limitations on adoption of state statutes. In adopting the provisions of Sections 6001 et seq. of the Revenue and Taxation Code of the state, wherever the state of California is named or referred to as the taxing agency, the name of the city shall be substituted therefor. The substitution, however, shall not be made when the word "state" is used as part of the title of the State Controller, the State Treasurer, or the Constitution of the state of California, the substitution shall not be made when the result of that • substitution would require action to be taken by or against the city or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Sections 6001 et seq. of the Revenue and Taxation Code of the state, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provisions of that code, the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code of the state. The substitution shall be made for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 and in the definition of that phrase of Section 6203. 3.22.120 Additional transactor's permit not required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter. 3.22.160 Enjoining collection. • No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this chapter or Sections 7251 et seq. of the Revenue and Taxation Code of the state, of any tax or any amount of tax required to be collected. 3.22.170 Proceeds of tax. The proceeds of the tax imposed by this chapter shall be deposited into a special fund to be used only for the purposes of repair, replacement, construction, reconstruction, or resurfacing of the City's streets and road system, for engineering and inspection services associated with such street projects, for storm drain and utility relocation work associated with such street projects, for state -imposed fees associated with the collection of the tax imposed by this chapter and distribution of the proceeds to the city and for actual costs associated with the administration of the tax. The City Council shall annually identify and approve how the estimated proceeds of the tax will be spent in conformance with the uses approved in this section. Section 2. Pursuant to California Constitution Article XIIIB, Section 4, the appropriations limit for the City of Morro Bay will be increased by the amount of the maximum projected aggregate collection authorized by the imposition of this transactions and use tax from the election to be held pursuant to Section 4 of this • ordinance. Section 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 4. This ordinance relates to the levying and collecting of the City transactions and use taxes pursuant to Government Code Section 36937 and shall take effect immediately upon approval of this ordinance by two-thirds of the electors voting on the measure at an election called for that purpose to be held on November 5, 1996. Section 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City, and shall within fifteen days after the passage and adoption there of cause the same to be published once in the Sun -Bulletin, a local newspaper of general circulation, published and circulated within said city of Morro Bay and which is hereby designated for that purpose. n U • RESOLUTION NO. 45-96 AUTHORIZING THE MAYOR TO EXECUTE THE FORTH AMENDMENT TO CONTRACT NO. 91-102-038: $2,000,000 LOAN WITH THE DEPARTMENT OF BOATING & WATERWAYS. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Department of Boating and Waterways entered into Contract No. 91-102-038 a $2,000,000 loan agreement for reconstruction of the South T-Pier on July 22, 1991; and WHEREAS, the loan agreement was amended to lower the interest rate on the loan in May, 1993 per First Amendment to the contract; and WHEREAS, the loan agreement was amended a second and third time to extend the period for completion of construction one year; and WHEREAS, it is necessary to extend the agreement one more year to accomplish access design changes at the Tidelands Park West slip; and WHEREAS, the Department of Boating and Waterways has agreed to these changes and incorporated them into the Forth Amendment to Contract No. 91-102-038. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the Forth Amendment to Contract No. 91- 102-038 with the Department of Boating and Waterways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 Oth day of June, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ARQFNT- u.,,.o FOURTH AMENDMENT TO CONTRACT $2,000.000 Morro Bay Loan This amendment is entered into on May 21, 1996 between the California Department of Boating and Waterways (DEPARTMENT) and the City of Morro Bay (BORROWER). DEPARTMENT and BORROWER agree to amend their contract of July 22,1991 (Contract No. 91- 102-038 ) as follows: Section 4 shall read: • "The BORROWER shall complete the PROJECT ( defined by EMRBIT A) no later than July 1, 1997." Save as herein or previously amended, the contract of July 22, 1991 shall remain in full force and effect. RESOLUTION NO.44-96 • RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. PW 96-34: CHORRO CREEK BRIDGE TO NICK E. POKRAJAC, INC. THE CITY COUNCIL, City of Morro Bay, California WHEREAS, it is in the urgent and best interests of the health and welfare of the public to replace the existing Twin Bridges and improve appurtenant facilities on South Bay Boulevard within the City of Morro Bay's street system; and, WHEREAS, to this end environmental and technical reports and analyses have been conducted and approved to provide for said Project in accordance with local, State and Federal requirements; and, WHEREAS, said Project has been approved for funding by monies from local, State and Federal sources; and, WHEREAS, plans and specifications for said Project have been duly prepared and publicly bid pursuant to the Public Contract Code; and, WHEREAS, said plans and specifications allowed for submittal of Disadvantaged Business (DBE) compliance evidence a maximum of four working days after bid opening, said four days expiring on June 12, 1996; and, WHEREAS, construction bids were received and publicly opened for the Project on June 6, • 1996; and, WHEREAS, Nick E. Pokrajac, Inc. of Templeton, California submitted the lowest total bid for the Project in the amount of $2,844,944.20; and, WHEREAS, said bidder did not submit DBE compliance evidence with the bid submittal; and, WHEREAS, there exists funding available with which to provide for award of the construction contract; and, WHEREAS, due to the critical time frame for construction of the Project and in accordance with the Project specifications, the full determination of the low bidder as fully responsive has not as of yet been made; and, WHEREAS, as of June 24, 1996 the California Red -Legged Frog will be listed as a new "Threatened" species pursuant to the Federal Endangered Species Act; and, WHEREAS, as result of field survey it has been determined that said frog exists within the Project site; and, WHEREAS, said existence mandates approval of proposed environmental mitigations above and beyond those contemplated by the Project's approved and certified EIR/S; and, WHEREAS, said approval must, by law, occur prior to initiation of construction activities within identified portions of the Project site; and, WHEREAS; those areas of the Project site identified as habitat of said frog are those within which the Project's sequencing must commence; and, WHEREAS, said sequencing necessitates that approval of Red -legged Frog mitigations be approved prior to commencement of on -site construction activities for the Project; and, WHEREAS, all parties involved have committed their efforts to prompt and appropriate Resolution No. 44-96 Page Two resolution of the matter; and, WHEREAS, time is of the essence for the Project, necessitating award of the construction contract at this time in order for the Project to be completed prior to the onset of winter. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that the construction contract for Project No. PW 96-34: Chorro Creek Bridge, is hereby awarded to Nick E. Pokrajac Inc., Templeton, Ca. in the amount of $2,844,944.20 subject to and contingent upon the finding that said bidder is responsive pursuant to the Project plans and specifications and that evidence of full and complete approval of Red -Legged Frog environmental mitigations are received by the City no later than 5:00 p.m., Monday, June 24, 1996; and, BE IT FURTHER RESOLVED, that should either prior stated contingency not be complied with, this action is automatically null and void and City staff is thereby directed to return to the City Council immediately with alternate analyses, recommendations and schedules for appropriate completion of said Project before the onset of the upcoming winter; and, BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute documents on behalf of the City to reflect this action. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 10th day of June, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None • ATTEST: 0. uALl/ BRIDGETT AVER, City Clerk RESOLUTION NO. 43-96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE WATERFRONT MASTER PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 9, February 1, and March 13, 1995 and February 13, March 25 and May 28, 1996, the City Council did hold duly noticed public hearings on the proposed Waterfront Master Plan; and WHEREAS, the City Council received and considered the recommendations of the Harbor Advisory Board, the Recreation and Parks Commission and the Planning Commission, which held a series of duly noticed public hearings between March 15, 1993 and October 3, 1994 to consider the proposed Waterfront Master Plan; and WHEREAS, the Environmental Coordinator has determined that, except for the zoning ordinance text change and design guidelines, the Waterfront Master Plan is a planning feasibility study and therefore exempt from the California Environmental Quality Act (CEQA); the zoning ordinance text change and design guidelines will constitute an amendment to the Local Coastal Plan and the California Coastal Commission will be the lead agency for CEQA purposes; and WHEREAS, after considering the recommendations of the Planning Commission, the Harbor Advisory Board, Recreation and Parks Commission and the testimony of all persons • wishing to testify, the City Council finds that the Waterfront Master Plan provides a vision for Morro Bay's waterfront and will be a useful guide for future City actions to improve this vital part of the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that the City Council does hereby approve the Waterfront Master Plan and does direct staff to prepare a draft ordinance for Council's consideration which would amend the zoning ordinance text to implement the design guidelines in said Master Plan. PASSED, APPROVED AND ADOPTED, by the City of Mono Bay City Council, at a regular meeting held on this 28th day of May, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None WILLIAM YATES, ATTEST: J IE B0� Deputy City Clerk • RESOLUTION NO. 42.96 A RESOLUTION OF THE CITY COUNCIL ORDERING THE DISSOLUTION OF THE BAYSHORE BLUFFS ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay WHEREAS, all property owners in Bayshore Village have paid for the total maintenance of Bayshore Bluffs Park through Fiscal Year 1993-94; and, WHEREAS, in Fiscal Year 1994-95 the assessment was reduced to $14,336 and further reduced to $7,136 in Fiscal Year 1995-96; and, WHEREAS, the City Council voted 3-2 after the 1995-96 assessment hearings, to dissolve the Bayshore Bluffs Assessment District after Fiscal Year 1995-96. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the Bayshore Bluffs Assessment District will be dissolved and no assessment be levied to finance the maintenance of Bayshore Bluffs Park. PASSED AND ADOPTED, by the City Council of Morro Bay at a regular meeting there of held this 28th day of May, 1996 by the following roll call vote: AYES: Anderson, Novak, Unger, Yates NOES: Crotzer ABSENT: None WILLIAM YATES MAYOR ATTEST: 4MIU��� - ie Boucher, Deputy City Clerk u/w/coun ]/V A2-96 9 RESOLUTION NO. 41-96 RESOLUTION PROHIBITING THE STOPPING, PARKING OR STANDING OF OVERSIZED VEHICLES FROM THE STREET ENDS OF DRIFTWOOD, MARINA, PACIFIC, FRONT, AND HARBOR STREETS, WEST OF THE EMBARCADERO DURING DESIGNATED HOURS AND DAYS. THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Vehicle Code Section 22507 and Morro Bay Municipal Code Section 10.36.040 authorizes the Council to restrict the use of any street within its jurisdiction from vehicles of a specific size or during a specific time period by resolution; and WHEREAS, it has been deemed appropriate that certain areas of the Embarcadero, and street ends west of the Embarcadero, be restricted from the stopping, parking or standing of oversized vehicles due to limited turn around space and the restricted view of adjoining intersections; NOW THEREFORE, BE IT RESOLVED, that any vehicle or combination of vehicles over 6' in height (including any • load thereon) or over 18' in length shall be prohibited from stopping, parking or standing on the street ends of Driftwood,. Marina, Pacific, Front and Harbor Streets, west of the Embarcadero, and on the Embarcadero from Beach Street to Driftwood Street between the hours of 10 a.m. and 10 p.m., 7 days per week; and BE IT FURTHER RESOLVED that these restrictions shall not apply to any commercial vehicles who are parked temporarily to accomplish the loading or unloading of merchandise or passengers on, or from such vehicle; and BE IT FURTHER RESOLVED that these restrictions shall not apply to the vehicles of any public utility, public entity, or licensed contractor while necessarily in use in the construction, installation, or bona fide repairs of any public utility, public property, or other building or structure within the restricted area; and BE IT FURTHER RESOLVED that the City Public Works Director be authorized to install the appropriate signs or markings in the designated areas to delineate the restrictions contained in this resolution. • Resolution No. 41-96 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of May, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ABSTAIN: None ATTEST: .ramie Boucher, Deputy City Clerk • • • 9 RESOLUTION NO. 40-96 RESOLUTION APPROVING CAPITAL PROJECT FUNDING FOR CERTAIN WATER DIVISION TASKS THE CITY COUNCIL City of Morro Bay, California WHEREAS, there exist four tasks within the purview of the Water Division for which funding has been previously considered and approved; and, WHEREAS, two of these tasks, preparation of a Water Allocation Model and Reclamation Study, are approved in the fiscal year 95-96 budget as General Fund projects; and, WHEREAS, one other task, Pressure Reducing Valve, was approved in fiscal year 94-95 with funding not carried -over into the current fiscal year; and, WHEREAS, the remaining task, preparation of a Water Master Plan update, was also approved in fiscal year 94-95 but in an amount insufficient to complete the totality of needed work items, with $18,000 funded and an augmentation of $7,000 needed for a total item cost of $25,000; and, WHEREAS, it is appropriate to perform the tasks delineated hereinabove and adequate funding exists within the Water Division unallocated revenue reserve. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that the referenced tasks are hereby approved and funding authorized, to wit: Pressure Reducing Valve- $30,000 Reclamation / Conservation Studies- $20,000 Water Allocation Model- $8,800 Water Master Plan update- $25,000 PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28th day of May, 1996 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None None AT ST: i amie Boucher, Deputy City Clerk WILLIAM YATES, City of Mono Bay Mid -Year Budget Review 1995-96 CAPITAL IMPROVEMENT PROJECTS Pressure Reducing Valve tl96- Project Description: Replace existing 10" pressure reducing valve at the intersection of Kern/Morro Bay Blvd. Existing unit is 20+ years old, located in underground vault and is subject to increasing maintenance activities and costs. Failure of unit would result in loss of water service and fire protection to all of City west of Shasta Av., south of Atascadero Road and north of Olive St. Propose to install new unit above ground on City -owned parcel adjacent to existing site. Project Status: $30,000 budgeted from Water Revenue Fund in FY 94-95 for project utilizing City forces. Flood -related work and desal operation resulted in project being deferred. Equipment has now been purchased and request is to restore project to active status using Water Revenue funds from FY 94- 95. • Estimated Cost of Project: $30,000. Funding Source(s): FY 94-95 Water Revenue Funds. • • City of Morro Bay Mid -Year Budget Review 1995-96 CAPITAL IMPROVEMENT PROJECTS Reclamation / Conservation Studies #96- Project Description: Technical feasibility analyses for wastewater reclamation, including city matching funds for the current CDBG grant. Request is for restoration of $10,000 budgeted in FY 94-95 from Water Revenue Funds for Reclamation Studies as well as the restoration of the $10,000 budgeted in FY 94- 95 for Water Conservation Measures / Public Education. Proiect Status: Current grant is underway, subsequent analyses subject to elected body approval. Estimated Cost of ProiecC Required City match for current Phase 1 CDBG grant is $2,952. Phase 2 grant application due this spring for summer, 1996 award. Other studies / programs not identified at this time. • Funding Source: Fiscal year 1994-95 Water Revenue Funds. • • City of Morro Bay Mid -Year Budget Review 1995-96 CAPITAL IMPROVEMENT PROJECTS Water Allocation Model Update #96- Project Description: Preparation of analysis and report, complete with regulatory approval, for update of the existing Water Allocation Model and related regulations contained in MBMC Title 13, Public Utilities. Project Status: Consultant contract completed and Notice to Proceed issued. Estimated Cost of Project: Consultant costs at $6,800; staff costs estimated at $2,000. Total estimated cost= $8,800. Funding Source: Water Revenue Fund. • 0 City of Morro Bay Mid -Year Budget Review 1995-96 CAPITAL IMPROVEMENT PROJECTS Water Master Plan 06-04 Project Description: Augment approved project budget for current fiscal year. Existing budget is $18,000; firm quotation from incumbent consultant is $20,500. Additional funds requested to fund this quote, $1,500 for updated version of water system computer model program and $3,000 for contingencies. Project Status: Contract under negotiation for completion this summer. Estimated Project Cost: Total estimate is $25,000 including Plan, computer model and contingencies. Funding augmentation in the amount of $7,000 requested. Funding Source: Water Revenue Funds. • 0 41 RESOLUTION NO. 39-96 RESOLUTION AUTHORIZING PIGGY -BACK ONTO A COMPETITIVE BID BY THE CITY OF PASO ROBLES FOR CONTRACT STREET SWEEPING SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California Public Contract Code provides procedures through which local agencies may procure contract services; and, WHEREAS, Section 10348 of said Code provides for awarding service contracts without competition when conditions are prescribed under which said contract is awarded along with methods and criteria for determining reasonableness of contract costs; and, WHEREAS, the City of Paso Robles issued competitive Requests for Proposals for contract street sweeping services with a scope of service and conditions similar to the needs of Morro Bay; and, WHEREAS, this competitive bid process by an adjacent local agency provides adequate criteria and methodology for the City of Morro Bay to award a similar service contract without competitive bid and also provides a method to determine the reasonableness of costs, through the criteria and methodology of "piggy -backing". NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay that, pursuant to Section 10348 of the Public Contract Code, the City of Morro Bay hereby determines it to be appropriate and in the best financial interests of the community to piggy -back onto the competitive bid by the City of Paso Robles for contract street sweeping services and to consider award of such a contract without competitive bids. BE IT FURTHER RESOLVED, should it be determined appropriate to award a contract for street sweeping services, said award shall be by a subsequent and separate action of the City Council. PASSED AND ADOPTED by the City Council, City of Morro Bay, at a regular meeting thereof held on the 28th day of May, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSTAIN: None ABSENT: None ATT • amie Boucher,. Deputy City Clerk RESOLUTION NO. 38-96 • RESOLUTION APPROVING LICENSE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND PACIFIC GAS AND ELECTRIC COMPANY FOR THE OPERATION AND MAINTENANCE OF CITY WATER WELLS 14 AND 15 IN LILA KEISER PARK THE CITY COUNCIL, City of Morro Bay, California WHEREAS, The City owns, operates and maintains two water wells and appurtenances located upon property owned by Pacific Gas and Electric Company (PG&E), said property commonly referred to as Lila Keiser Park; and WHEREAS, said wells, referred to as Wells No. 14 and 15, are necessary water resources for the community; and WHEREAS, the City and PG&E have agreed to provide for a License Agreement to replace the previous Lease of Land for said wells; and, WHEREAS, said Agreement provides for a five year term with annual costs of $5,000 commencing in fiscal year 96-97; and, • WHEREAS, it is in the interest of public health and welfare that said License Agreement be approved and adopted. NOW THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that the License Agreement between the City and PG&E for Wells No. 14 and 15 and their appurtenances for the period of October 1, 1995 through September 30, 2000 is hereby approved; and, BE IT FURTHER RESOLVED, the Mayor, City Administrator and Public Works Director are hereby authorized to execute said License Agreement on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of May, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSTAIN: None p ABSENT: None \ n n WILLIAM YATES, AT • J mie Boucher, Deputy City Clerk LD #2229-10-0412 LICENSE AGREEMENT PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called PG&E, for valuable consideration, the receipt of which is hereby acknowledged by PG&E, hereby grants to CITY OF MORRO BAY, a public body of the State of California, hereinafter called City, permission to operate and maintain two (2) water wells and two (2) associated pumps located on the real property of PG&E, hereinafter called "Premises, shown on Exhibit "A", attached hereto and made a part hereof. This permission is given subject to the following terms and conditions: 1. ALLOWED USE OF PREMISES: City has permission to operate, repair, replace and maintain the two (2) existing water wells and their associated pumps, that are located on Premises, at City's sole cost and expense. 2. TERM OF USE: The term of this permission shall be for a continuous period of five (5) years from October 1. 1995 to September 30, 2000. 3. FEES: City shall pay, to PG&E, at the address set forth herein or at such other place as PG&E shall designate, in writing, as the fee for City's use of the Premises, the sum of Five Thousand Dollars ($5,000.00), which shall be due and payable, on or • before, the first day of October, each year for the entire term of this license agreement (October 1, 1995 to September 30, 2000). Upon execution of and delivery of this license agreement, City shall pay, to PG&E, the sum of Three Hundred Fifty Dollars ($350.00), as a fee for the preparation and administration of said license agreement and the sum of Four Thousand Two Hundred Dollars ($4,200.00), for the first years rent. In addition, City shall be allowed to pay the remaining portion of the first year's rent (Eight Hundred Dollars-$800.00), to PG&E, after July 1, 1996 and prior to October 1, 1996. 4. TERMINATION: PG&E reserves the right to revoke this license agreement, at will, without cause or liability to City. Upon the expiration or earlier termination of this permission, City shall remove all of City's personal property and restore the Premises as nearly as possible to the condition that existed prior to its entry upon the Premises. 5. CONDITION OF PREMISES: Although PG&E has no specific knowledge of any of the following potential environmental hazards, City acknowledges that there may be a presence of solid or hazardous wastes, asbestos, polychlorinated biphenyl's (PCB), radon gas, formaldehyde, lead based paint, other lead contamination, fuel or chemical storage tanks, electric and magnetic fields or other substances, material, products or conditions on the premises, hereinafter referred to as potential environmental hazards." City accepts the Premises, bs is" but is advised by PG&E to consider, if it has not already done so, the condition and suitability of all aspects of the premises and all matters affecting its suitability for the uses specifically granted herein, including, but not limited to, the potential • environmental hazards listed herein. In addition, City acknowledges that as a result of the operation of PG&E's facilities. (including but not limited to the Morro Bay Power Plant) upon and adjacent to the • Premises, said facilities may from time to time emit noise or by-products of combustion which may flow and pass over Premises. It is therefore agreed that PG&E shall not be required to reduce or otherwise diminish said noise level or by-products of combustion in any manner whatsoever. 6. CITY'S CONDUCT ON PREMISES: City shall: (A) use the Premises at its sole risk and expense; (B) comply with all local, state, and federal laws and regulations including, but not limited to, those laws whether existing or new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances or relating to the control of rodents, other vermin, or noxious weeds on the Premises; (C) not in any way interfere or permit any interference with PG&E's use of the Premises for its public utility purposes. (D) maintain the condition of Premises, to the satisfaction of PG&E. City agrees to remove its improvements located on Premises, at its sole cost and expense, if requested to, by PG&E. (E) operate its two (2) pumps for its two (2) water wells, so as not to create a condition commonly known as "saltwater Intrusion" into the groundwater basin, beneath Premises. If this condition is experienced, City agrees to cease the operation • of said water wells, until such time as the groundwater basin is recharged sufficiently to warrant a resumption of the pumping of any water from said wells. The resumption of City's pumping shall be approved, by PG&E. 7. MAINTENANCE: PG&E assumes no responsibility for maintenance of the Premises or such repairs as may be required and City agrees to absolve PG&E from any liability for such maintenance or repairs and to indemnify and hold PG&E harmless from any loss, damage or liability for damages, whether for damages to or loss of property or injury to or death of person, which may be caused by, or arise out of or in any way be connected with improper maintenance of the Premises. 8. INDEMNITY: City shall defend and indemnify PG&E, its officers, agents and employees against all loss, damage, expense and liability resulting from injury to or death of persons, including, but not limited to, employees of PG&E or City, or injury to property, including, but not limited to, property of PG&E or City, arising out of or in any way connected with the use of Premises hereunder, including the exposure to electric and magnetic fields, or with the emission of by-products of combustion, noise and/or fluctuations of any noise level emitted by PG&E's facilities, including, but not limited to Moro Bay Power Plant, in the vicinity of Premises whether produced by voluntary action of PG&E or otherwise, and any loss, damage, expense or liability caused or contributed to by the negligence, whether active or passive, of PG&E, excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of PG&E. In the event this indemnity is not enforceable, City shall • indemnify PG&E to the maximum extent allowed by law. 2 9. INSURANCE: City shall maintain in effect during the tern of this license insurance as set forth on Exhibit "B", attached hereto and made a part hereof. • 10. TAXES: In addition to any fees set forth in paragraph three (3), City shall pay any personal property assessments that may be levied by the County of San Luis Obispo or the State of California for City's personal property installed on the Premises. 11. NOTICES: All notices required herein shall be given in writing and delivered personally, or sent by facsimile transmission, certified mail (return receipt requested) of the United States Postal Service, or nationally -recognized overnight courier service and addressed as follows: PG&E. PACIFIC GAS AND ELECTRIC COMPANY P.O. Box 8592, San Luis Obispo, CA 93406-8592 Attn.: Land Rights Office Telephone Number. (805) 546-3882 Fax Number. (805) 546-5286 CITY: CITY OF MORRO BAY 595 Harbor Street Morro Bay, CA 93422 Attn.: Public Works Director Telephone Number. (805) 772-6261 Fax Number. (805) 772-6268 12. Disposal of Hazardous Materials: Chemicals or hazardous wastes and wastes contaminated with hazardous materials are the property and responsibility of City and may not be disposed of on or at PG&E's property, including Premises. City shall, at PG&E's request, provide proof that hazardous materials or chemicals have not been disposed of on Premises. This proof may include a report of laboratory analysis by a Department of Health Services -Certified Hazardous Waste Laboratory of soil samples from Premises. City shall not commit on Premises, waste or a nuisance, or any other act that could disturb the quiet enjoyment of PG&E, nor shall City, allow the dumping of waste water, sewage or other materials considered hazardous or toxic on Premises, by its employees, invitees or other persons. 13. NO ASSIGNMENT: This license agreement is personal to City and is not assignable in whole or in part. 0 14. PRIOR LEASES: This license agreement supersedes any prior leases,. licenses or permits between PG&E and City respecting the Premises and any such • leases, licenses or permits are hereby terminated. THIS LICENSE AGREEMENT is made by and between the parties hereto this day of ,19_ CITY: PG&E: CITY OF MORRO BAY PACIFIC GAS AND ELECTRIC COMPANY U-A By 1 V ` • Dave City Administrator By William Boucher, Director Public Works Department Lm PWm DM.*. T.20S., R.10E, M.D.B. & M. Se 25. SE 1M OF NW iM SBE Map No. I&"UD, Pamels 1 & 2 Rel.:"s 22S/0U710, 222D1D0072 & 22211,1UM • LAa Kober Perk: WM By P. Pork fee prop" By andal S. A ton, Plant Mang , Morro Bay Power Plant 4 %Qatcr main L tl 14" PA CO CD 45 .5, A%f— W,ter rnQ;n AIAP 4o, 1w, Ifv- f D 7--T7et!-"`-y }�Q:10-0087 T 1 dJa /w, rla.aj ' alaarrxs -f ,tf rrvr '�T_.riTr-TTT BLOCK 300 �C__30 — -0LOCK BLOCK --300 30C BLOCK 30r 2229-10-0085 J'tl'JI P IJJ J/ J'f pa ff JlD Yd a Je.r„ • 1 f i,r 1 ` 2229-ID-0072 I f Y r B+a. Lu/Y j T . IJ/l srrv, ' BLOCK 1.7 LITTLE 2229-10-0037 I I ! Ir„wrj I/ s.. rw, oad 1 i i YN BI/aTfja3y I � I I Btpac,.• I I I 1 I I I I 2229-10-0039- I , lrr[pv P�Ira, frlu I KN/M p.4 B/DJ�n P rrN/- I I Pora/O. 4JJB aar I I I 10-0039 w.M mr srorr 2229-10-006( 1- 2229-10-00S m f PM-M Y 7 P 'Re Z - _-- _ an/rr 2229-10 f•r 1 r - J. l/J SSFie 1 w/uJc, .,'r. IlLcr 2229-,G-OU56-...- v„o:, ar P�r•rwaD nPMrrin M Mwld N m '. ['J ['W'rl P JIJ 6-lp-fro .l'Bf2 /OO Prrr C225-10-0033 [baMB /$-rw, Va. /-//J, 4,n a IJJi i ♦l.twe we. vMt BLOC K 31 ,:' _.- /•/� O.Ip, M f[[Y 22/ 1rvv+3 lNla) A, rc reo; 11.!!l w[. J/de l F 0., ,f r,", f0.B B[J//Y�f t/INJ a :v //Bt oe 5f zJ,t Pore%O.O _� • Besrri N[f/!� C / i 2229- /OJ-Jf Pin P1 e w. /lam o.a q risrr D.ffo ne. +p rwt PLf w[rrwwrra.-, see erw —� N1NTN) Line 4 .1 s--.rOde Line O let, wg. [u/)u Awe. I I /a%M/A A/ ~ A e" %/pq 1` mpp /pqd / /h/I 41. - e -Z"1 ` 7J: z' C-1396 - / /3Kat 6yf03 JePluw.aap ta/ 2229-10-0181 Sold to City of Morro Bay - 1.25-68 Rec, 10-11-68 BK. 1493 O.R. Pg. 374 0.342 Ac. e,.2229-10-0066 1 rJ I'll -Pr f+�J ✓/Jm aPq )sp e /pp lfi, �'�• v _ 0.010 2229-10-0062 ''+Q;> -•-- 2229.11 rvffrPr./Nw ^ IO/ 0-010 1 JVIUP/ua 0067 ee�JiLw,nu 2229-10-0100 rdPJta1rye/ rdu, 'pK/L,p[A.✓/ fP ww„/[pw.y,r B//fRry SFrP.dmarmr.n ' n REAL PROPERTY OF PACIFIC GAS AND ELECTRIC COMPANY "____2zz9-to-cola SAN LUIS OBISPO COUNTY Owkin;m 0a[d re CaWty b onry. T 2 9 S. RAO E. M. D.M. J' S-za pac B�zam MORRO BAY STEAM PLANT w/. Tzp OR. Py Bf 0700,arc AND OUTLETS —�_.I SCALE 1• • 300' GATE LAST CHANGED EXHIBIT "B" Insurance requirements: • City shall maintain the following insurance coverage. Coverage shall protect both City and PG&E for liability arising out of City's use of Premises. (a) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 1. Workers' Compensation insurance or self-insurance indicating compliance with all applicable labor codes of the state of California. 2. Employers' Liability insurance shall not be less than $2,000,000 for injury or death for each accident. (b) COMMERCIAL GENERAL LIABILITY 1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage "occurrence" form, with no coverage deletions. 2. The limit shall not be less than $2,000,000 each occurrence for bodily injury, property damage and personal injury. 3. Coverage shall: • a.) By "Additional Insured' endorsement add as insureds PG&E, its directors, agents, and employees with respect to liability arising out of City's use of Premises, and; b.) Be endorsed to specify that the City's insurance is primary and that any insurance or self-insurance maintained by PG&E shall contribute with it. (c) ADDITIONAL INSURANCE PROVISIONS 1. Before commencment of this License Agreement, City shall furnish PG&E with certificates of insurance and endorsements of all required insurance for City. 2. The documentation shall state that coverage shall not be cancelled except after thirty (30) days prior written notice has been given to PG&E. 3. The documentation must be signed by a person authorized, by that insurer, to bind coverage on its behalf and shall be submitted to : PACIFIC GAS AND ELECTRIC COMPANY Insurance Department T-19B Post Office Box 770000 San Francisco, CA 94177 4. PG&E may inspect the original policies or require complete certified copies of • said policies, at any time. • RESOLUTION NO. 37-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATIVE TO CIVILITY IN POLITICS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, political debate throughout California and its many communities has in many cases become fractious and foolish; and WHEREAS, "negative mailers" and "hit pieces" have become commonplace and acceptable political campaign techniques; and WHEREAS, some campaigns derive their "message" from opinion polls and not through thoughtful consideration of the issues or involvement in the community; and WHEREAS, voters in this state are increasingly disenchanted with and are disengaging from the political process; and WHEREAS, a healthy democracy requires a citizenry engaged in • the free flow of ideas and purposeful, civil debate on a range of issues; and WHEREAS, negative campaigns and blatant manipulation of voter opinion undermine the fundamental trust that an electorate must have for a democracy to function. 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, California, join with the California Elected Women's Association for Education and Research (CEWAER) in calling for an ethic of "politeness in politics;" 2. That each citizen, political candidate and elected official in this state is called upon to commit to political dialogue that is thorough, respectful, straightforward, and honest; 3. That we call upon the Governor, members of the Legislature, locally elected officials and leaders in the political parties of this great state of California to commit to revitalizing our political dialogue through spirited and civil debate; 4. That May 28, 1996 be designated "Civility in Politics Day" . to mark our renewed commitment to civil, political discourse. • Resolution No. 37-96 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the day of May 28, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: • amie Boucher; Deputy City Clerk • RESOLUTION NO. 36-96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT EXTEND THE COMPLETION DATE OF THE DEPARTMENT OF BOATING AND WATERWAYS GRANT FOR TIDELANDS PHASE III TO MAY 1, 1997 THE CITY COUNCIL City of Morro Bay WHEREAS, the City is planning for completion of Phase III of Tidelands Park to consist of reconstruction of the existing docks at Tidelands Park, construction of a 250' side -tie dock, installation of curbs and gutters and paving and expansion of the overflow parking area, and; WHEREAS, the City was granted a Small Craft Launching Facility Grant from the Department of Boating and Waterways for the Tidelands Park Phase III project, and; WHEREAS, the City has been granted an amendment to the grant to extend the completion date one (1) year, until May 1, 1997. NOW, THEREFORE, BE IT RESOLVED, by the City Council of • the City of Morro Bay that the Mayor of the City of Morro Bay is hereby authorized to execute the grant amendment with the Department of Boating and Waterways to extend the grant agreement one (1) year, until May 1, 1997. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 13th day of May, 1996 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER CITY CLERK • u:\word\council\res95-00 RESOLUTION NO. 35-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING LEGISLATION REQUIRING INSURANCE COMPANIES TO OFFER A REDUCTION IN AUTOMOBILE INSURANCE RATES FOR LICENSED DRIVERS OF ALL AGES WHO SUCCESSFULLY COMPLETE AN APPROVED DEFENSIVE DRIVING COURSE (SB 1694) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, injuries resulting from motor vehicle collisions are in the top five causes of death for the American population; and WHEREAS, in 1994, over 43,000 persons were killed and over 3.2 million injured in motor vehicle collisions nationwide; and WHEREAS, during 1994, in California, over 4,200 persons were killed and over 316,000 were injured in motor vehicle collisions; and • WHEREAS, the total economic cost of motor vehicle collisions in 1994, estimated for reported and unreported motor vehicle collisions was $176.5 billion; and WHEREAS, American taxpayers pay an estimated $3.7 billion to cover lifetime health care costs resulting from motor vehicle collision injuries - $2.6 billion at the federal level, and $1.1 billion at the state level; and WHEREAS, the estimated cost for a single motor vehicle fatality, based on the overall economic costs to society, is approximately $2.2 million; and WHEREAS, the recent increase in statewide speed limits will likely increase the number and severity of automobile accidents; and WHEREAS, defensive driving courses have been statistically proven to reduce the frequency and severity of accidents upon successful completion in drivers of all ages; and WHEREAS, 34 states in the U.S. have legislation mandating auto insurance rate reductions for approved defensive driving courses, nine states include discounts to all ages including New York, Georgia, Texas, and Kansas; and • Resolution No. 35-96 Page Two WHEREAS, a reduction in insurance rates would provide a financial incentive for persons to enroll in a defensive driving course. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby urge the California Legislature to enact legislation to modify the existing state vehicle code requiring insurance companies to reduce auto insurance rates for licensed drivers of all ages who successfully completing an approved defensive driving course. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of May, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Anger, Yates NOES: None • ABSENT: None ATTEST: BRIDGET BAUER, City Clerk • RESOLUTION NO. 34-96 • RESOLUTION TO AWARD BID NO. FD 95-04 FOR WEED ABATEMENT SERVICES TO MORRO CREEK 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 May 1, 1996; and WHEREAS, the Fire Department recommends the award of said contract to Morro Creek 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 Nursery of Morro Bay, California be hereby awarded the contract for weed abatement according to the guidelines set forth in the Weed Abatement Bid. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1996 by the following roll call vote: • AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETIq3AUER, City Clerk RESOLUTION NO.33-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING THE CITY'S PARTICIPATION IN A • JOINT POWERS AGREEMENT BETWEEN THE CITY, COUNTY OF SAN LUIS OBISPO AND FIVE OTHER INCORPORATED CITIES TO SHARE IN THE COST OF PREPARING A JOINT SAFETY ELEMENT UPDATE AND PROGRAM LEVEL ENVIRONMENTAL IMPACT REPORT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Safety Element of the City of Morro Bay General Plan was prepared in 1975 as a joint project with the County of San Luis Obispo and the other incorporated cities of the County; and WHEREAS, State planning law has expanded the scope of the Safety Element and encourages the periodic review and updating of elements of the General Plan, including the Safety Element in order to maintain a current and useful technical and policy document; and WHEREAS, the existing Safety Elements of the City, County and other cities are now old and in need of revision due to new seismic and other hazard information, changing development conditions and changes in State laws defining the required content of Safety Elements; and WHEREAS, the County has proposed taking the lead in arranging and managing ajoint revision of the Safety Elements of the County and six of the incorporated cities in order to save costs and achieve a uniform planning approach consistent with state requirements; and WHEREAS, the City recognizes the need for the update and the benefits of participation with the County and other cities, and has budgeted $4,500.00 for that purpose; and WHEREAS, approval of a Joint Powers Agreement prepared by the County is necessary to formally provide for the City of Mono Bay's participation in the project. NOW, THEREFORE, BE IT RESOLVED, that based on the findings above, that the City Council hereby approves the attached Joint Powers Agreement with the County of San Luis Obispo and the incorporated cities of the County to provide for cost sharing in the preparation of a Safety Element update and program level Environmental Impact Report; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the Joint Powers Agreement on behalf of the City of Mono Bay. PASSED, APPROVED AND ADOPTED by the City Council of the City of Mono Bay on the 28th day of May, 1996 by the following vote: AYES: Anderson, Crotzer, Novak,.Unger, Yates NOES: None ABSENT: None ABSTAIN: None I V AI WILLIAM YATES, City of Mono Bay ATTW: A7� • 1 mie Bouchei; Deputy City Clerk City of Mono Bay JOINT POWERS AGREEMENT AMONG THE • COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER BEACH, EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES SAFETY ELF UPDATE AND PROGRAM LEVEL ENVIRONMENTAL IMPACT REPORT day of TEO JOINT POWERS AGREEMENT is made and entered into this 1996, by and between the COUNTY OF SANLUIS OBISPO, hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO, GROVER BEACH, EL PASO DE ROBLES, MORRO BAY, AND SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section 6500 et seq., of the Government Code WITNFSSETH: WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies • and plans leading to the development of updates to the Safety and Seismic Safety Elements of — their General Plans as consolidated Safety Elements pursuant to Section 65302 of the Government Code; and, WHEREAS, COUNTY and CITIES wish to prepare an integrated, program level environmental impact report (E1R) for the consolidated and updated Safety Elements of their General Plans to evaluate any impacts associated with mitigation measures resulting from the adoption of policy programs to reduce potential safety hazards, in order to promote informed decision -making; and, - ''-WWHEREAS, it will avoid duplication of efforts, minimize expense, and be of benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract for the preparation of updates to said Safety Elements of their General Plans and program level E1R and one contract for geographic information system (GIS) mapping services in support of • said updates; and, WHEREAS, the Planning or Community Development Director of each City and the Director of the County Department of Planning and Building have reviewed and have had Opportunity to comment on the tentative Work Program for the preparation of the Safety Element updates and program level EIR; and WHEREAS, FUGRO WEST, INC.,. a California Corporation (hereinafter Consultant) is engaged in the business of geotechnical, environmental, engineering and planning analysis and preparation 4f Safety Elements and represents that it is qualified to offer its services as consultant in the preparation of said updates to the Safety Elements and program level EIR; WHEREAS, the CALIFORNIA POLYTECHNIC STATE UNIVERSrrY (hereinafter University), through the Landscape Architecture Department, which is engaged in the business of providing GIS mapping services and preparation of digitized map products, represents that it is qualified to offer its services as consultant in the preparation of GIS mapping • in support of said updates to the Safety Elements and program level EIR; NOW, THEREFORE, IT IS MUTUALLY AGREED 1. The sole purpose of this Agreement is to provide a vehicle by which the parties hereto may cooperate in the preparation of the updates to Safety Elements of their respective General Plans and a program level EIR, and no party to this Agreement intends or does hereby assume any of the debts, liabilities or obligations of any party hereto. 2. The COUNTY, upon approval by the San Luis Obispo County Board of Supervisors, for and on behalf of COUNTY and CTITES, is hereby designated and empowered as the party to negotiate and execute contracts with Consultant and University for the preparation of said updates to the General Plan Safety Elements and a program level EIR, in a total amount not to exceed $110,000. *I.saf 4/25/96 Page 2 3. COUNTY, or such person as the COUNTY may designate, is.hereby designated as the party charged with the administration and enforcement of said contracts on behalf of the COUNTY and CITIES. 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A', (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully set forth, for payment of the obligation incurred under the contracts which are the subject of this Agreement, and none of the parties to this Agreement shall be liable to any person or agency for the share of any other such parties; and provided that the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the amounts set forth in Exhibit "A". 5. The amount of money to be expended pursuant to said contracts shall not exceed a total of $110,000 except by written amendment to this Agreement concurred in by all parties hereto. 6. Within 90 days of execution of the contracts, the Treasurer of the County of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES Pursuant to this Agreement. These monies will be maintained in a trust fund by the Auditor and appropriated to the County Department of Planning and Building's budget in the fiscal year when the expenditures occur. Amounts due on the contracts referred to herein shall be drawn upon warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement as provided for in paragraph 11, any surplus money on hand in the trust fund shall be returned to the parties to this Agreement in proportion to their contribution made within 45 days from the date of the final billing from Consultant and University. 7. Costs of additional work tasks other than those specifically set forth in the • contracts between the COUNTY and Consultant and University are the responsibility of the city jpal.saf 4/25/% Page 3 or county requesting the additional service and shall be borne by the county or city electing to • have such work tasks performed. Such additional work tasks shall be performed by the county or city desiring them or through separate contract(s) between the county or city and Consultant and University. The costs of such additional work tasks shall.be above and beyond the amounts specified in Exhibit W attached hereto and the maximum expenditure stated in paragraph 5 of this Agreement. 8. COTfrY and CITIES shall each be responsible for completing at their own expense certain activities, such as reproduction of final documents, as specified in the contracts with Consultant and University. 9. COUNTY and CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by Consultant and University including but not limited to the following: • A. The location of critical facilities such as police and fire stations, schools, hospitals and roadways that are designated evacuation routes. B. The location, capabilities and needs of emergency service providers. C. Information on the location of areas with hazardous or substandard structures that may be subject to damage or collapse in the event of an earthquake, available as a result of Senate Bill 547 implementation (unreinforced masonry building legislation). D. Available information on past localized flooding and area prone to high groundwater. E. Copies of existing safety -related ordinances and regulations. • jpal.saf 4/25/96 Page 4 F. G. Desired Safety Element goals and any preferred policies and implementation measures, Review of suggested Safety Element policies for consistency with other general plan elements of the jurisdiction. H. Comments on the administrative draft issue/policy report and technical report. 10. COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 11. This Agreement shall take effect upon its execution by the chairman, or mayor, and clerks of the legislative bodies of the County of San Luis Obispo and the six incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such execution and shall continue until COUNTY'S contracts with Consultant and University shall have been fully performed by the parties thereto and until the updates to the Safety Elements and program level EIR hereunder have been completed and received by the parties hereto and all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate. 12. Entire AEreem of and Modification. This Agreement supersedes all previous contracts and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. jpal.saf 4/25/96 Page 5 13. Non -Assignment of Contract. No party to this Agreement may assign; transfer, delegate or sublet any interest therein. 14. Enforceability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full. force and effect and shall in no way be affected, impaired or invalidated thereby. 15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Mayor By: Clerk CITY OF ATASCADERO By: Mayor By: Clerk CITY OF GROVER BEACH `a Mayor By: Clerk Date: Resolution No. Date: Resolution No. Date: Resolution No. [1 jpal.saf 4/25/96 Page 6 CITY OF MORRO > AY By. Date: Mayor By. Resolution No. w Clerk CITY OF EL PASO DE ROBLES By: Mayor By: Clerk CITY OF SAN LUIS OBISPO By: Mayor • Clerk COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors By: Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM,.JR. County Counsel By: Deputy. County Counsel . Dated: jpal.saf 4/25196 Date: Resolution No. Date: Resolution No. Date: Resolution No. 14" 7 Page 7 Arroyo Grande Atascadero E Paso de Robles Grover Beach Morro Bay Citygf San Luis Obispo 'County of San Luis Obispo TOTAL $ 5,759.30 9,304.88 8,019.03 % 4,781.42 3,804.87 16,671.43 61-659.07 $110,000.00 *County will be responsible for costs of contract administration and limited reproduction services as described in the Scope of Work and Work Program exhibit of the contracts. The following work tasks are not to be included within the scope of services of the contracts between the County and Consultant and University. These tasks and any. other tasks not specifically set forth in the contracts between the County and Consultant and University shall be the responsibility of the County or City requesting the additional service and shall be performed by that County or City or through separate contract(s) with the Consultant or University. The cost of such additional service shall be borne by the County or Cities desiring such tasks, and shall be in addition to the cost contribution obligation specified above: 1. Analyses of types of safety hazards and risks that are in addition to those specified in the Scope of Work and Work Program exhibits of the contracts. 2. Meetings and public hearings that are in additiori to the three public information meetings specified in the Scope of Work and Work Program exhibit of the contracts. 3. Reproduction of documents that are in addition to the type and number of documents described in the Scope of Work and Work Program exhibits of the contracts. 4. Preparation of mapping products that are in addition to the type, number and file formats described in the Scope of Work and Work Program exhibits of the contracts. OF • • By:. Resolution.; iV i '►A�'�Clerk • • • SAN LUIS OBISPO COUNTY DEPARTMENT OF PLANNING AND BUILDING 1 ALEX HINDS DIRECTOR BRYCE TINGLE ASSISTANT DIRECTOR ELLEN CARROLL ENVIRONMENTAL COORDINATOR BARNEY MCCAY L CHIEF BUILDING OFFICIAL May 17, 1996 NORMA SAUSBURY _ ADMINISTRATIVE SERVICES OFFICER. Shauna Nauman, Interim Planning Director Planning and Building Department City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Dear Shauna: Subject: Joint Powers Agreement for the Cities and County Safety Element Update • I thought it would be helpful if I provided some comments to you on the questions your City Council had the other night on the joint powers agreement (JPA) for the Safety Element update. Please feel free to use the following comments as you see fit in preparing your staff report for the May 28th council meeting. 1. Why isn't the city of Pismo Beach participating in the project? Pismo Beach informed us in 1994 that they were unable to participate because of budgetary constraints. The planning director at that time, Ken Curtis, indicated that he had recommended to the city council and city manager that the city participate because the proposed joint project would provide a much needed update of their technical data base and safety policies using current information in the most cost-efficient way. But, Mr. Curtis stressed, the city decided not to participate strictly on the severity of their fiscal situation rather than the actual merits of the project itself. In a recent conversation with current staff, city planner Carolyn Johnson, I was told that while planning staff continued to feel that the city would benefit from participation in the update, the city's fiscal picture had not improved and still prevented them from joining the project. (It should be noted that Pismo Beach is the only city in the county that is not participating in the update.) 2.- How much- would it cost for the city of Morro Bay to have a consultant prepare an update to the city's Safety Element as an individual project without participating in a joint effort with the other cities and the county? COUNTY GOVERNMENT CENTER • SAN Luis OBWO • CALIFORNIA 93408 • (805) 781-5600 • FAx (805) 781-1242 OR 5624 Because there would not be the economies of scale of spreading the costs among several • agencies, the costs of doing an individual update for a single agency would increase significantly. The selected consultant for the joint update, Fugro West, Inc., estimates that the cost to an individual city for preparation of their own Safety Element update would range from $20,000 to $40,000, depending upon the city and the amount of available current information (see the attached letter from Chris Clark of Fugro West). For comparison, Morro Bay's share of the costs under the JPA for the joint update is $3,804.87. 3. Is updating the Safety Element really necessary? In a word, yes. The project will bring the city's existing Safety Element up-to-date with technical information and policy innovations developed since the original technical and policy work was done in the mid-1970's. There have been significant earthquake faults discovered since then which need to be identified and addressed (e.g. the Hosgri fault offshore from Morro Bay). Experiences with recent natural disasters both near -by and elsewhere in California (such as the Highway 41 fire, last year's winter floods in Morro Bay, the Oakland Hills fire and the Loma Prieta and Northridge earthquakes) have led to new ways of looking at and dealing with fire, flood and geologic hazards which need to be translated into updated general plan policies for guiding land use decision -making in consideration of these risks. Also, the Safety Element is one of the general plan elements mandated by state law and the update will bring it into conformance with legislative changes enacted since the element was originally done. Nevertheless, doing • the update with the other cities and the 'county or at all is clearly optional on Morro Bay's part. 4. Would doing the Safety Element have a direct influence on Morro Bay's approach to dealing with unreinforced masonry buildings (URM's) under the requirements of state law (S.B. 547)? Not at all. Morro Bay's responsibilities under S.B. 547 for dealing with URM's differ. and are totally separate from the legislative requirements for Safety Elements. How URM's are dealt with is up to how the city chooses to implement S.B. 547. The city can adopt Safety Element policies which reflect its chosen URN approach but that is entirely at the city's option. While each agency's existing URM inventory is proposed to be mapped and included in the joint update's technical report for information purposes only, Morro Bay can elect to exclude even that data from the report. 5. How is the city protected from incurring unwanted additional costs of participating In the joint project? Section 6 of the JPA provides that the total amount to be spent on the consultant contracts is limited to $110,000 and that amount can't be exceeded except by written amendments agreed to by all agencies participating in the joint update. Section 7 of the JPA provides that the costs of any additional work beyond that specified in the scopes -2- • • of work for the consultant contracts are the sole responsibility of the agency requesting the additional service. Any additional work would be performed only after a new contract for that purpose is entered into between the requesting agency and the consultants. Entering into the JPA would guarantee that each agency would get and pay for only the work specified in the contract work scopes, nothing more and nothing less. If one of the agencies wants something more done than what is specified in the contract work scopes, they can negotiate directly with the consultant to do so and none of the other agencies would be responsible for paying those additional costs. One agency can't authorize additional work that another must pay for without the latter's express permission in advance. If Morro Bay chooses to have no additional work done, the city's cost share will remain at the amount specified in the IPA, $3,804.87. 6. What is the extent of information the city needs to provide for the joint project? Each participating agency will only need to provide already existing information which is readily obtainable. No new technical information will need to be developed by the. agencies. Section 9 of the JPA spells out the specific information each agency'will need to provide to the consultant so that the contracted scope of work can be carried out. The specified information includes the location of critical facilities (police and fire stations, hospitals, etc.), data on emergency service providers, any existing inventory of URM's, the location of areas subject to past flooding or high groundwater and copies of the city's existing Safety Element and any other safety -related ordinances and regulations. Each • agency will also be expected to: 1) provide input on any desired Safety Element goals and preferred policies and implementation measures, 2) review suggested Safety Element policies for consistency with their other general plan elements and, 3) comment on the administrative draft issue/policy report and technical report. Once the public review drafts of the Safety Element documents are prepared by the consultant, it will be up to each agency's staff to take the update through the hearing and adoption process of their own agency. No additional information or effort will be needed on the part of any participating agency unless it chooses to do more voluntarily. 7. What is the county's role in the joint Safety Element update? In summary, the county Department of Planning and Building will provide general administrative oversight of the project and facilitate coordination between the cities and the consultant. Upon execution, the IPA designates the county as the agency authorized to enter into, administer and enforce contracts with the consultants for the preparation of the joint Safety Element update in a total amount not to exceed $110,000, on behalf of all the participating agencies (see sections 3 and 4 of the JPA). The exhibit "A" attached to the JPA specifies that the county will be responsible for the costs of contract administration and limited reproduction services as described in the contract scopes of work. Any qualitative input into and review of the issue/policy reports and technical reports prepared for each participating agency will be provided by the staff of that agency alone. County staff will not be involved in developing policy recommendations for the documents prepared for the cities. The final update products will be in a form that each -3- agency can adopt to serve as its Safety Element, based on the review, comments and actions of their own staff, planning commission and legislative body. This same process was successfully used for the joint Noise Element, which was completed in 1991 within • budget for all the cities, including Morro Bay, and the county. In closing, I would like to emphasize that participation in the joint Safety Element is strictly voluntary on the part of the city. If Morro Bay elects to withdraw from the project, the update will be rescoped and the JPA revised accordingly. However, doing the update as a joint project is a cost-efficient way for each participating agency to bring their own Safety Element up-to-date with current technical information, policy recommendations and state law requirements. I hope you find these comments useful in preparing your staff report to the City Council. Please let me know if you have any further questions or need more information on this matter. Warren Hoag Principal Planner c: Alex Hinds MBipal.saf -4- • • FUGRO WEST,.INC. May 14, 1996 Project No. 0"14191 Department of Phoning and Building County Gviaament Carter San Uis Obispo. Califomia 93408 Attrition: Mr. Wama Hoag Subject: Dear W. Hoag: --AL-- -6R0 ■ 1012 Pantie Suer, Suite A San Luis Obispo, CA 93401 Tel: (805) 642-0797 For. (805) 542.9311 I have reviewed our proposal for tho Safety Element in order to estimate a cost to an individual city for the preparation of their own Safety and Seismic Safety MemeaL Depending upon the city and the amount of data that was carmtrdy available the cost would vary. But to produce a document and mapping at the level we mtcnd for the county. and participating cities, iaeiudiltg teehmeal report, policy report, GIS tnappmg and a0 the work in support of these, I would roughly ===a the o= range at $20,000 to $40,000. There arc a ttlmtber of economies achieved by combining the work of the oouary and participating cities. Tbm • include: e the base mapping can be doge as a sbot effort • - the research will be dtmc as a single effort • much of the reporting would be the same or similar for each jurisdiction • all admmist i ive, clerical, data entry functions would be a single effort Pl=w let me kww if I can be of further assistance. CWC:eS Siommly, FUGRO WEST, INC. Chris Wm. Clark, JD, AICP Senior Program Manager A memeer of the eupm Opp o! companies wch offices thmu0boui Ine world RESOLUTION NO. 32-96 • RESOLUTION APPROVING UPDATES TO JOB DESCRIPTIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, employee job duties are continually changing with regard to duties, responsibilities, and qualifications; and WHEREAS, it is necessary for employee job descriptions to remain current with respect to kind of work performed, difficulty of work, supervision, responsibility for decisions, knowledge and ability required, and working conditions; and WHEREAS, employee job descriptions have been updated to include these changes and also to add Americans with Disabilities Act (ADA) requirements. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that City of Morro Bay Job Descriptions dated May 13, 1996 are hereby approved; and • BE IT FURTHER RESOLVED minor changes or adjustments may be made to job descriptions with the approval of the City Administrator. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held this 28th day of May 1996. AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: amie Boucher, Deputy City Clerk 0 RESOLUTION NO.30-96 • RESOLUTION APPROVING AN INTERIM LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 27W WITH KING VENTURES, DBA INN AT MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Site 27W, and; WHEREAS, King Ventures, dba Inn At Morro Bay, operates a hotel on the private property surrounding said Lease Site, and; WHEREAS, the City of Morro Bay and King Ventures desire to enter into a license agreement allowing King Ventures to use a portion of Lease Site 27W pending approval of permits for long term repair and redevelopment on the site. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Resolution No. 30-96, approving a temporary license agreement between the City of Morro Bay and King Ventures, is hereby adopted. • BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the license agreement between the City of Morro Bay and King Ventures. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of April, 1996. AYES: Anderson, Novak, Unger, Yates NOES: Crotzer ABSENT: L188, , nm, � jo �AUER, CITY • :• LICENSE AGREEMENT • This License Agreement ("License") is made as of this 'day of 1996 by and between the CITY OF MORRO BAY (Landlord) and, and King entures, DBA The Inn at Morro Bay ("Licensee"). 1. LICENSED AREA, CONDITION OF SITE The licensed area, hereinafter called "Site", shall be that portion of the improved tidelands outlined in yellow as shown on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is licensed to Licensee in an "as is" condition and Licensee agrees that it has investigated the condition of the Site and determined that the Site is suitable to the operations of Licensee. 2. MAINTENANCE AND REPAIR OF SITE Licensee agrees to repair and maintain the existing perimeter fencing around the Site that restricts access to the bulkhead and adjacent City property. Licensee agrees to repair and maintain the asphalt surface and striping of the parking area on the Site in good, useable and safe condition at all times. 3. TERM The term of this License Agreement shall commence on April 1, 1996 ("Commencement Date") and terminate on March 31, 1998 ("Termination Date"). 4. RENT Licensee shall pay to Landlord in lawful money of the United States of America, a minimum • annual rent of One Thousand Eight Hundred Dollars ($1800.00). Licensee shall pay the rent to Landlord on the date of execution of this License and on April 1, 1997. 5. PREPARATION OF PLANS FOR PERMANENT REPAIRS TO SITE Licensee is currently in the permitting process for redevelopment of Licensee's upland property and Licensee agrees to prepare detailed plans and specifications for permanent repairs to the bulkhead on the Site as a part of a future phase in the redevelopment. Landlord and Licensee anticipate negotiation of a long term lease for the site and necessary water area for a limited slip development adjacent to the Site within the term of this License. Licensee shall have sole responsibility and risk for all costs incurred in permitting, design, engineering or construction of the anticipated repairs and limited slip development up until the time of execution of a long term lease agreement. 6. RESTRICTIONS UPON USE Licensee agrees that, in connection with the use and operation of the Site, Licensee shall use the Site only for parking for Licensee's guests, employees, agents and contractors, and that any other use, without prior written approval shall be a violation of this License. Furthermore, Licensee agrees that it shall not: a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage or an unsafe condition for the general public, guests, employees, agents and contractors of Licensee; b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents and contractors of Licensee or cause or allow any circumstances or acts on the Site by the guests, employees, agents and contractors of Licensee which will result • in pollution of Morro Bay. Page I of 6 • 11. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Licensee as permitted or required by this License shall, during this License Term, be and remain the property of Licensee, provided, however, that Licensee shall have no fight to waste, destroy, demolish or remove the improvements, and provided, further, that Licensee's fights and powers with respect to the improvements are subject to the terms and limitations of this License. Upon termination all improvements, alterations or repairs to the Site shall become the property of Landlord. 12. ASSIGNMENT AND SUBLETTING This License is personal in nature and may not be assigned or transferred by either party. 13. INSURANCE Licensee shall indemnify and hold Landlord and the property of Landlord, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Licensee's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of. (a) The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property, owned by Licensee or by any person who is a guest, employee, agent or contractor of Licensee, from any cause whatever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; • (b) The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property, including property owned by Licensee or any person who is a guest, employee, agent or contractor of Licensee, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of Licensee or any person in, on, or about said Site with or without the permission and consent of Licensee; (c) Any work performed on said Site or materials furnished to said Site at the instance or request of Licensee or any person or entity acting for or on behalf of Licensee; or (d) Licensee's failure to perform any provision of this License or to comply with any requirement of law or any requirement imposed on Licensee or said Site by any duly authorized governmental agency or political subdivision. Licensee shall, at Licensee's own cost and expense, secure promptly after the execution of this License and maintain during the entire License Term, a broad form commercial general liability insurance policy or policies which insures Licensee's public liability, property damage and business automobile exposures with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to Landlord and authorized to issue liability insurance in California, and which shall list Landlord as the named primary additional insured, without offset to Landlord's policies as respects all operations of Licensee. Any deductibles or self -insured retentions must be declared to and approved by Landlord. The terms of said policies may be for such period as shall be designated by Licensee; provided however, that within two (2) months prior to the expiration date of such insurance terms, Licensee shall procure other policies of said insurance so that • between the execution of this License and the commencement of the License Term, and Page 3 of6 or to such other address as either party may have furnished to the other in writing as a place for • the service of notice. Any notice so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. 18. UTILITIES Licensee is responsible for all costs of installation and maintenance of any and all utilities or services required by Licensee at the Site. Landlord shall not be liable for the failure of utilities or services to the Site. 19. MISCELLANEOUS a. In case any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this License, but this License Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. Nothing in this License Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "Landlord" and "Licensee" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one Landlord and Licensee, the obligations hereunder imposed upon Landlord and Licensee shall be joint and several. d. Time is of the essence of each and all of the agreements, covenants and conditions of this License. e. This License shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this License shall be, in all cases, construed according to its fair meaning and not strictly for or against Landlord or Licensee. f. This License constitutes the entire agreement between Landlord and Licensee with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This License may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord and Licensee. IN WITNESS WHEREOF, Landlord and Licensee have executed this License Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR KING VENTURES CITY OF MORRO BAY 7-1 . Dave Howell Page 5 of 6 RESOLUTION NO. 29-96 RESOLUTION IN SUPPORT OF AB 2342 MARINE WEATHER INFORMATION, FORECASTS, OR ADVISORIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Commercial Fisherman's Organization donated the weather warning flag pole system for the North T-Pier in memory of fellow commercial fisherman, Al French, who lost his, life at the Morro Bay harbor entrance; and WHEREAS, the weather warning system is a public service for the boating public, the community, and visitors to Morro Bay; and WHEREAS, the Morro Bay City Council unanimously approved the weather warning flag pole system at the January 23, 1995 meeting; and WHEREAS, the Harbor Department of the City of Morro Bay listens to the National Weather Service Marine forecast and raises the appropriate flag for the weather • forecast; and WHEREAS, the City Council voiced concern regarding the City's liability for the operation and dissemination of marine weather information; WHEREAS, other California ports and harbors have discontinued this public service only because of the liability; and WHEREAS, Morro Bay City Councilmember Novak worked with Assemblyman Bordonaro creating legislation to help California ports, harbors and special districts provide a valuable public service and solve the liability issue; and WHEREAS, Assemblyman Bordonaro has introduced AB 2342; and WHEREAS, AB 2342 reads as follows: "A public entity is not liable for personal injury, property damage, or wrongfiil death arising as a result of the dissemination of marine weather information, forecasts, or advisories'; and WHEREAS, AB 2342 includes all California ports, harbors, and special districts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, hereby finds AB 2342 benefits all public entities, such as the City of . Morro Bay, disseminating marine weather information, forecasts, or advisories; and Resolution No. 29-96 Page Two BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, California, supports AB 2342 as introduced by Assemblyman Bordonaro. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of March, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: I • • RESOLUTION NO. 28-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT, AND APPROVING THE CITY CONTRIBUTIONS OF LOCAL LEVERAGE TO THE PROGRAM. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 11, 1996, a public hearing was held to discuss the community's needs and the proposed 1996 Community Development Block Grant (CDBG) program; and WHEREAS, based on discussions at that meeting, it was recognized that community input and the City's adopted Housing Element all identified a serious need for rental housing affordable to low income households, which could be significantly and usefully addressed through CDBG funds; and • WHEREAS, the City, in recognition of the need for long term affordable housing, will contribute local leverage to the proposed program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows: That the City Council has reviewed and approves an application for up to: Sequeia Street Site North Mono Bay Land Acquisition, Off -Site Improvements and other CDBG eligible development costs related to the program - $462,500 General Administration - $37,500; and 2. If the grant application is approved, the City will provide local leverage for the family rental housing new construction program as follows: Hook-up fee waivers: $15,000 Cost of program audit: $ 300 Regulatory relief: 25% density bonus expedited processing; and • City Council Resolution No. 28-96 Page Two 3. That the City Manages Adminstrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application; and 4. If the application is approved, the City Manager Administrator is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of March, 1996, by the following roll call vote, to wit: AYES: Anderson, Crotzer, Novak, Unger, and Yates NOES: None ABSENT: None �♦ vl '. � Ir1 rl BRIDGEOT •• , City Clerk 0 RESOLUTION NO. 27-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING AN APPLICATION AND FOR FUNDING FOR A PLANNING STUDY TO IDENTIFY PUBLIC WORKS IMPROVEMENTS FOR LOW -MODERATE INCOME HOUSEHOLD AREAS AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM THE CITY COUNCIL City of Mono Bay, California BE IT RESOLVED by the City Council of the City of Mono Bay as follows: The City Council has reviewed and hereby approves an application for up to: $35,000 for Planning for Public Works Improvements for Target Areas ("Target Areas" are those areas of the City with significant percentage of low -moderate income households) SECTION 2. 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. • SECTION 3. The City Council hereby approves the use of City General Funds in the amount of $5,600 to be used as the City's Cash Match for this project. The City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. SECTION 5. If the application is approved, the City Administrator or his designee, is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, at a Public Hearing held on April 22, 1996, by the following vote, to wit: AYES: Anderson, Crotzer, Novak, Yates I r\ \ /1 •NOES: Unger ABSENT: Non BRIDGET UER, City Clerk WILLIAM IPA • RESOLUTION NO. 26-96 APPROVAL OF AMENDMENT #1 TO LEASE OF SPACE 1 ON A PORTION OF LEASE SITE 93-95/93W-95W THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 93-95/93W-95W; and, WHEREAS, the City of Morro Bay and Wilhelm and Tina Hoppe entered into a lease for Space 1 on a portion of Lease Site 93-95/93W-95W on October 19, 1995; and, WHEREAS, the City of Morro Bay and the Hoppe's agree to clarify certain rental terms of the lease in Sections 2.02 and 11.11; and, WHEREAS, the City of Morro Bay and the Hoppe's agree to change the date in Section 11.12 - Tenant's Right to Terminate, from December 31, 1995 to May 31, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment 1 for Space 1 on a portion of Lease Site 93-95/93 W-95W, clarifying certain terms in Sections 2.02 and 11.11, and revising the date in Section IL 12 is hereby approved. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of March, 1996, by the following vote: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: Anderson 0 MAR-18-96 MON 7:04 PM HUNT & ASSOCIATES FAX NO. 805 594 1295 P. 4 • AMENDMENT #1 LEASE AGREEMENT FOR SPACE #1 ON A PORTION OF LEASE SITE 93-95/93W-95W This Amendment is made and entered into as of the date upon which this instrument is fully executed, by and between the City of Morro Bay, a Municipal Corporation of the State of California, (hereinafter "City', and Wilhehn and Tina Hoppe, dba Hoppe's at 901 (hereinafter 'Tenant") to amend that certain space lease for Space #1 on a portion of Lease Site 93-95/93W 95 W between City and Tenant dated October 19,1995 (hereinafter "tease"). Whereas, City and Tenant entered into a lease agreement for a approximately 2370 sq. ft of improved building space described as Space #1 on Lease Site 93-95/93W-95W on October 19, 1995, and; Whereas Santa Lucia Bank has an interest in Lease Site 93-95/93W-95W pursuant to and as outlined in the Mutual Release and Settlement Agreement between City and Santa Lucia National Bank, which was fully executed on October 9,1995, and; - Whereas City and Tenant now wish to amend said Lease to change and clarify certain terms for the parties hereto and for Santa Lucia National Bank ("Bank"). Now therefore City and Tenant mutually agree as follows: • 1. SECTION 2.02 (A): This section shall be amended to add the following phrase after the word "salty" at the end of the first sentence: less the minimum month1vmnt paid by tenants as outlined in Section 2.01. In addition, the following sentence shall be added to Section 2.02 (A): The total monthy rent paid under this Jesse shall be the monthlyminirnum rent yr 33K of&wssale, whichever.rsgreater. Z. SECTION 11.11: The second paragraph of Section 11.11 shall be deleted and replaced as follows: & the event offoreclosurn by the Bank, Tenant shall pay its rent pursuant to Section 2.02(! directly to the Bank or the purchaser at the foreclawre sale begrnmr fmm the date of foreclosure, and will not he cb4ated to payany rent directly to the Oty. Ifatter foreclosin& the Bank orputrhesershould suhwquently&u4n the maskrlease of lease Site 93-95/93W- 95W, and should such awjnment he approved by the (3ty Council, Tenantshad payi s rent directly to the Bank's orpurchaser's ass(ptee as of the date of aOrCbuncil approval. The Bank orpurchaw, or an approved ass{grreq shall be the party responsible for payment ofrent to the [57yas the new master lessaholderfor Lease Site 93-95193W--95W. 3. SECTION 11.12: All references to December 30, 1993, shall be deleted and replaced with the date: May 31, 1996. All other terms and conditions of the lease shall remain in full force and effect. MAR-18-96 MON 7:05 PM AUNT 6 ASSOCIATES FAX NO. 805 594 1295 P. 5 LwwM,aa*=w#i 9ptr 1, Babas WleA0.R1C 99.99/bjW--.qv Pw2o/J • In witness whereof the parties hereto hereby agr a and execute this amendment to the lease dated October I9,1995. CITY OF MORRO BAY Dated: William Yates, Mayor Dated: Bridgett Bauer, City Clerk HOPPE'S AT 901 • Dated: Wilhelm Hoppe Dated: Tina Hoppe APPROVED AS TO FORM AND CONTENT Dated: C. Randall Cooly Attorney for Wilhelm and Tina Hoppe 0 MAR-18-96 MON 7:06 PM HUNT S ASSOCIATES FAX NO. 805 594 1295 P. 6 1a Amemmn" p1 4a 1, pmdm offer Mr 98-95/93W--95@ pgasofs • SAWA LUCIA NATIONAL BANK APPROVED AS TO FORM AND CONTENT Dared: Robert M. JOnee, EN., Attorney for SAWA LUCIA NATIONAL BANK r S=IpfiIc-&tWwttV=wpd kx • • RESOLUTION NO. 23-96 RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. • PW95-03; SOUTH BAY BOULEVARD RECONSTRUCTION/BIKE LANES, PHASE 1 TO MADONNA CONSTRUCTION The City Council, City of Morro Bay, California i WHEREAS, the raising and widening of South Bay Boulevard to withstand flood waters and install bike lanes is of the highest priority and regional significance; and WHEREAS, the City of Morro Bay is committed to accomplishing this essential task; and, WHEREAS, funding has been identified and secured for this purpose; and, WHEREAS, project plans and specifications have been prepared and competitively bid in accord with the Public Contract Code; and, WHEREAS, Madonna Construction, San Luis Obispo, submitted the lowest responsible bid for the project in the amount of $772,645.25. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that the construction contract for Project No. PW 95-03; South Bay Boulevard Reconstruction/Bike Lanes, • Phase 1 is hereby awarded to Madonna Construction in the amount of $772,645.25; and, BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute contract documents to reflect this award. PASSED AND ADOPTED at a regular meeting of the City Council held this 25th day of March, 1996 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None None OrIAAJL- BRIDGETT%AUER, City Clerk 8 8 8 8 8 8 8 8 8 8 S 8 8 8 8 a o �O @_ W o a c r, ~ U rn 0 w$ 8 8 A R$ 8 8 8 S 8 8 8 S S 8 8 8 S �Y[ X co K Ifi G o O Q O A 8 O Q O i •� 4 �( y �D HA N O O Q O Z n J t ry 4 p in N En W p p p p GG I� p e po N N O O O itf H A 8 8 IL $ S m _ { S Q O Q er A Q n e ' cni r H m m 45 o n ll N c m U o to CL ~ r p W V N O w N m NN m A o a A y ppq�� O e A a H Q 0 yJ iTLO Ili A N O N u� 8y� N Nm �l N Ypp]]�� C �- 7 K N th O' O O m N S 0 ILQ b m im N u1 a' N F H N r !i Z V c0 10 j W z0 us8888808%3888588888888 W R' d u 8 m m 4 m g 4 g$ U1 Q W O J o rOl Q NO A O N m� Q m y m N A N 2 Q O QG W m ~ Y N O d H H m O g QQ ,�, QO O Cc O g Q 8 o o oe 8 0 A8 6 m g g g ix O z y LL LL Z LL LL Q LL Y Y LL LL Q Q Z LL LL Q Q Q Z 5 J J y F y N W N U V J J W W H y W > m m b Q • � o l�/ Y Q h U m m li M L O a� c o E m dy m V Y C� G R 0 0 m m D W OZ LL< < pp C.9 m10 m e dN 1�- M C C 5 E • Z v� m m Q y@� e m y U � W`� �' LL g' � � p n a !� Y y O C W�w u F a U'L° c7 c9 E z 8 u LL m m O N t7 f Y1 16 n q Oi C 7G1'J CVM 'li 1QnJ Qu n� nr.n �Mp icunn uivnu iinv_i .ter nnn. n. .�u MAR-18-1996 14:04 FROM NORTH COAST ENG,INC TO MB PUBLIC WKS P.04 • � w Q 8Q g g g 8Q Q 8Q, Q 8Q tD N U C 2S ri zi M m e n a 0 a m$ 8 2 1(i R W CL O F 0 0� a U L O W 8 8 8 8 0 8 m 0$ 8 8 8$ 8 8? 8 8 8 QO Ci m? a Q O O S N O a S Q m O a w 8 8 8 lA 8 0 o O n o v N n 0 � 8 C$ O 6 6 M 0 to 1� d o m di m c d a a J O Q Q U m 0 w 8 8 � 8 8 m$ d y N J F a w G� to O w N W n U 'o W 8 8 8 8 8 8 8 8 8 8 8. 8 8 8 8 8 8 8 8 8 cc .• W o c7 J gS c8 R r m R e �j z 5 0 UQ� Wte c o CL W c a m a o a r ppO88pA�8F C mW O o •i QC �d co Q w Z Z LL (q LL LL Q Q Q Q Q Q LL QQ LL yy QQ LL V m O w J f H J J N N W W W W W W J W N J W J = C.)F W > Q N g 8 8 p Q O z $ O O tl 0 0 0 N Y Op A Z m o co ¢ a Q h U a tca U (o M m g 0 O Z ` O s 8 y` N • 2 m y r N m yFre tlno Z U LL N> E W `d V m of 8 E S 1 or_i c G V o a .—ci moo c U $ E E E 8 cj E' 5 O p� a JJ C' i 8 1 ti Q Q a W a a ILL !i z X 'v'i R !p O LL N O LL IH v .00 f0 N m � O 12 P1 � 92 n MAR-18-1996 w:m FROM NORTH COAST ENGu< TO m mEEw EE �a §§ a� 0) . z _ 2� § w� LU k Z� � ( ■ k \§ � _ § z § co �,. In 20 0\�k § k � k \ § : �§lggae a / ■§¥�k/\ ci u CL Ll t-- C-0 )00 \k� w§§|2mq (K . m#§ 2 �aq ' aq###a# E§CL 0 0k° 8 kaj cz ! . ° cc a#ggaaa \ cl) .9 do CL \\0 m*2 G . na 0mj // k k2o %�!&!e m. a- ` ƒ &. E �� ■`�� . j ƒ� RESOLUTION NO. 22-96 RESOLUTION DECLARING WEEDS A NUISANCE AND POTENTIAL FIRE HAZARD AND AUTHORIZING THE FIRE DEPARTMENT TO PROCEED WITH ABATEMENT THE CITY COUNCIL 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 Fire 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 13, 1996 at 6:00 PM 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 25th day of March, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER, City Clerk City of Morro Bay 13 s. e.-1..-- �.+. ... /�. • '.T.'. • ^RIGS. h - _ FIRE DEPARTMENT 715 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 80S-772-6242 ........................................................................................... The Yeasty Weed Abatement Program is focused at reducing potential fire hazards in the City, and administered by the Fire Department. This is not to say that your parcel is presently in need of abatement, but rather that it is impossible to predict the final condition of property at the height of the fire season. This Program is intended to protect the health, safety, and welfare of the public through the enforcement provisions of the Morro Bay Municipal Code Section 8.12. April 1, 1996 Dear Property Owner: This is your notification for the 1996 Weed Abatement Program. THIS IS THE ONLY NOTIFICATION YOU WILL RECEIVE. The latest assessor's roll indicated you as the owner of the parcel number on the attached address label. Please notify us of the new owner and address if you no longer own this property. As the owner, you have the obligation to abate the parcel yourself or through the services of a private contractor, if you fail to do so, the City Contractor must abate the weeds. At this time we cannot provide a cost estimate if the City has to abate your parcel, since each year we go to bid for a City Contractor. The average lot assessment in last year's program was $269.00 including the City's 30% administrative fee. The assessed cost appears on the owner's yearly lax bill. • WE REQUIRE THAT OWNERS ABATE THEIR PARCELS BETWEEN MAY I AND MAY 31 due to the extended growing season from Morro Bay's marine climate. Any parcel which is not abated (or not abated per City requirements) by May 31 will be abated (or further abated) by the City Contractor. NO TIME EXTENSIONS WILL BE ALLOWED. If you choose to abate the parcel yourself or by private contractor, the "Owners Weed Abatement Form" (back side of this page) MUST BE COMPLETED AND RETURNED to the Fire Department, 715 Harbor Street (corner of Piney Way) no later than one day following the cleaning of your parcel. Forms are also available at the Fire Department. The City will conduct two Weed Abatement Hearings for this year's program. The hearings will be held at the City Council's regular meetings of May 13, 1996 and February 10, 1997. Appeals and comments to the Program will be heard at the May meeting. Owners whose parcels are abated by the City contractor will have the opportunity to appeal the charges assessed at the February 1997 meeting. Appeals need to be submitted to the City in writing and received by January 15, 1997. For further information, please write or call me at (805) 772-6242. Thank you for your cooperation on this matter. Sincerely, - Jeffrey F. Jones Fire Chief "ABATE YOUR WEEDS DURING THE MONTH OF MAY" RETURN FORM AFTER ABATEMENT'S COMPLETED The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. OWNER'S ABATEMENT FORM THIS ENTIRE FORM MUST BE SUBMITTED TO THE FIRE DEPARTMENT, 715 Harbor Street (corner of Piney Way) NO LATER THAN ONE DAY FOLLOWING THE CLEANING OF YOUR LOT. City Policy requires that ALL CUT AND DESTROYED VEGETATION SHALL BE REMOVED FROM THE PARCEL AND PROPERLY DISPOSED OF WITHIN 24 HOURS OF CUTTING and removed to the degree that wind and rain shall not be capable of transporting any remnants to adjoining properties, sidewalks, gutters, streets or drains. Parcels shall be abated to all adjoining property lines and to the street paving or curb. No clumps or piles shall remain on the parcel and the street shall be left clean. OWNERS ARE REQUIRED TO ABATE THEIR PARCELS BETWEEN MAY I AND MAY 31. Any parcel which is not abated (or not abated per City requirements) by May 31 will be abated (or further abated) by the City Contractor. NO TIME EXTENSIONS WILL BE ALLOWED. The height of cut shall exceed the highest adjusted level of a standard power rotary lawnmower. Abatement methods involving burning, disking, tilling, or any form of excavation are not allowed. Chemicals may be used, but any "dead fieei-rng" of weeds or vegetation beyond the above -mentioned height or any form of resultant fire hazard will require further abatement. This form is available at the Fire Department. ONLY ONE ASSESSOR'S PARCEL NUMBER SHALL BE ALLOWED • PER FORM. All of the requested information below shall be provided For further information, please call (805) 772-6242. Please complete the information requested below. Should your parcel not meet City weed abatement requirements, the owner or abating party will be notified to remedy the problem within 24 hours. OWNER'S NAME PHONE( ) ABATING PARTY'S NAME PHONE ( ) 01113111:W9 DATE & TIME OF CUTTING DATE & TIME OF CLEANING: ADDRESS OF STREET IMPORTANT -- ASSESSOR'S PARCEL NUMBER C� . RESOLUTION NO. 21-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REVISING THE NUMBER OF MEMBERS AND COMPOSITION OF THE COMMUNITY PROMOTIONS COMMITTEE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by unanimous minute motion on January 14, 1991, the City Council of Morro Bay did adopt Resolution No. 02-91 reconstituting a five (5) member citizens advisory board to be known as the Community Promotions Committee; and WHEREAS, on March 25, 1996, the City Council did see fit to amend certain provisions governing the existence and operation of the Community Promotions Committee for purposes of better serving the public; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, there is herein reconstituted a Community Promotions Committee comprised of up to seven (7) voting members, a majority of whom shall be qualified electors of • the City; all members shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED, the City Council shall attempt to select members of the Community Promotions Committee from the following interests: A. Morro Bay Chamber of Commerce (one member); B. Morro Bay Merchants Association (one member); C. Morro Bay Motel and Restaurant Association (one member); D. Embarcadero business person (one member); E. Member -at -Large (three members). The City Administrator (or his/her designee), the Executive Manager of the Morro Bay Chamber of Commerce, and the Advertising Account Representative will serve as non -voting staff liaisons to the Community Promotions Committee; and BE IT FURTHER RESOLVED, that all other findings and matters so declared in Resolution Nos. 32-91 and 02-91 are not in conflict with the provisions of this resolution shall remain in full force and effect. n U • Resolution No. 21-96 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of March, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER, City Clerk • • • RE S OLUT = ON MC:)- 3 2 — 9 1 A RESOLUTION REVISING THE NUMBER OF MEMBERS AND COMPOSITION OF THE COMMUNITY PROMOTIONS COMMITTEE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by unanimous minute motion on 14 January 1991, the City Council of Morro Bay did adopt Resolution No. 02-91 recon- stituting a five (S) member citizens advisory board to be known as the Community Promotions Committee; and WHEREAS, during interview of candidates for said Committee on 06 March 1991, the City Council did see fit to amend certain provisions governing the existence and operation of the Community Promotions Committee for .purposes of better serving the public good. NOW, THEREFORE, BE IT RESOLVED by the City Council Of the City of Morro Bay, California, there is herein reconstituted a Community Promotions Committee comprised of up to seven (7) vot- ing members, a majority of whom shall be qualified electors of • the City; all members shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select members of the Community Promotions Committee from the following interests: A. Morro Bay Chamber of Commerce (one)J B. Morro Bay Merchants Association (one); C. Morro Bay Motel & Restaurant Association (one); D. Embarcadero businessperson (one); E. Member -at -Large (three). The City Administrator (or his/her designee) and the Execu- tive Manager of the Morro Bay Chamber of Commerce will serve as non -voting staff liaisons to the Community Promotions Committee; and BE IT FURTHER RESOLVED that voting members of the Community Promotions Committee may serve for a period of four (4) years commencing 06 March 1991; the terms of office of two (2) members shall expire on 31 December 1992 and every four (4) years there- after, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining three (3) members shall expire on 31 December 0 1994 and every four (4) years thereafter; and i • i n LJ Resolution No. 32-91 Page Two BE IT FURTHER RESOLVED that all other findings and matters so declared in Resolution No. 02-91 not in conflict with the pro- visions of this Resolution shall remain in full force and effect. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 25th day of March, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk WV� W, I � W; �' .� poilml, � �� OSRM"�ARIE SH21&;�_, _Kay&�Y�_ RESOLUTION NO. 02-91 A RESOLUTION RE -CONSTITUTING THE COMMUNITY PROMOTIONS COMMITTEE THE CITY COUNCIL MORRO BAY, CALIFORNIA WHEREAS, by unanimous minute motion on 12 September 1983, the Morro Bay City Council did establish a citizens committee to advise the Council on the most effective ways to promote and advertise the City as a tourist destination point utilizing City general fund monies; and WHEREAS, since 1983 a Community Promotions Committee has been in existence and in operation recommending methods of promoting the City to visitors as means to support a tourism - based local economy and to augment City revenues; and WHEREAS, the present membership of the Community Promotions Committee is five (5) voting members and two (2) non -voting staff • liaisons (one from the City government and one from the Chamber of Commerce organization), all members having no assigned terms of office; and WHEREAS, four (4) voting positions of the current Committee are pre -designated seats of office from the Morro Bay Chamber of Commerce, the Morro Bay Merchants Association, the Morro Bay Motel & Restaurant Association, and the Waterfront Leaseholders Association, with the fifth (5th) seat appointed by the City Council to represent a tourist -related business; and WHEREAS, the Morro Bay City Council did determine on 10 December 1990 that the functions and operations of the Community Promotions Committee would better be served if the City Council selected all voting members of the Committee from the general public, and overlapping terms of office on the Committee were assigned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay there is herein reconstituted a Community Promotions Committee comprised of five (5) voting members who shall be qualified electors of the City, shall hold no other public office in the City, shall serve without compensation, and U shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Community Promotions Committee is herewith charged with the purpose of providing input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay as a tourist destination point in geographic and demographic areas outside the boundaries of San Luis Obispo County; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select one member to the Community Promotions Committee from each of the following interests: A. Morro Bay Chamber of Commerce; B. Morro Bay Merchants Association; C. Morro Bay Motel & Restaurant Association; D. waterfront Leaseholders Association; E. Member at Large. The City Administrator (or his/her designee) and the Executive Manager of the Morro Bay Chamber of Commerce will serve as non- voting staff liaisons to the Community Promotions Committee; and • BE IT FURTHER RESOLVED the Morro Bay City Council extends its appreciation to the current members of the Community Promotions Committee for their conscientious service, and by this Resolution officially releases them from Committee service with a vote of thanks; and BE IT FURTHER RESOLVED that citizen applications for appointment to the Community Promotions Committee are hereby solicited for interview and selection by the City Council; and BE IT FURTHER RESOLVED that voting members of the Community Promotions Committee shall serve for a period of four (4) years commencing 01 February 1991; the term of one member shall expire on 31 December 1992 and every four (4) years thereafter, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining two (2) members shall expire on 31 December 1994 and every four (4) years thereafter; and BE IT FURTHER RESOLVED the Community Promotions Committee shall formulate rules and procedures to govern its operations, and said By -Laws shall be reviewed and approved by the City Council, such By -Laws to include but not be limited to provisions for appointment of officers, absences, regular meeting times and places, and a mission statement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 14th day of January 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ATTEST: ITH DAVIS, City Clerk • 012F WPM 00 /m/01 RESOLUTION NO. 20-96 4PRESOLUTION DESIGNATING THE CITY ADMINISTRATOR AS THE CITY OF MORRO BAYS AUTHORIZED AGENT FOR THE FILING OF PROGRAM SUPPLEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, as the City of Morro Bay was included in a declared Federal Disaster Area (FEMA-1046) due to the later winter storms in March of 1995: WHEREAS, the City did expend funds for emergency repair and restoration for areas in or adjacent to South Bay Boulevard and Main Street; and, WHEREAS, such roadways are under the jurisdiction of the Federal Highway Administration (FHWA) and the costs involved for emergency work are recoverable through the California Department of Transportation through Program Supplements to Local Agency - State Agreement No. 05-5391 for Federal Aid Projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that Dave Howell, City Administrator, hereby known as agent, is hereby authorized to execute for and in behalf of the City of Morro Bay, a local government entity, Program Supplement No. 008 to Local Agency - State Agreement No. 05-5391, and to file it with the California Department of Transportation for the purpose of obtaining financial reimbursement for eligible emergency repair and restoration work performed as a result of the March Storms of 1995. BE IT FURTHER RESOLVED, that the City of Morro Bay, hereby authorizes its agent to provide to the State Department of Transportation the assurances and agreements required for all matters pertaining to such disaster assistance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 11 th day of March, 1996, by the following vote: AYES: Anderson, NOES: None ABSENT: Crotzer ABSTAIN: None ATTEST: Novak, 'Unger, .Yates ' ' 0..tlA.lt/ BRIDGETVAAUER, City Clerk n U • RESOLUTION NO. 19 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE FISCAL YEAR 1995-96 MASTER FEE SCHEDULE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council has found that fees and charges for City services are in need of updating from time to time to reflect changes in the cost of providing those services; and WHEREAS, the City Council has reviewed its Business License Tax fee schedule and held a public hearing regarding the tax rates for the Special Event Transient Vendor category on February 26, 1996; and WHEREAS, the City Council finds that the tax category for Special Event Transient Vendors is in need of adjustment to its rate schedule; and WHEREAS, the City Council last adopted and amended its Master Fee Schedule, by City Council Resolution No 134-95, on December 11, 1995; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1995-96 Master Fee Schedule is amended to change the Special Event Transient Vendor tax rate schedule, as per attachment, and is effective March 11, 1996 and thereafter unless amended. BE IT FURTHER RESOLVED, that the local organization which is sponsoring the event, shall as part of its registration process, register transient vendors and collect the Special Event Transient Vendor tax, in accordance with the attached rate schedule, and remit it to the City Treasurer, or his designee, on or before the day of the special event. In consideration for the collection and registration services rendered, the sponsoring local organization shall retain 5% of the taxes collected, as a handling fee. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the I 1 th day of March, 1996, by the following vote to wit:. AYES: Anderson, Novak, Yates NOES: Unger ABSENT: Crotzer Dg�� . � ,1, 1.:_. `. .. nMLMw cuaamv oncc n h4. leas • Attachment to City Council Resolution No. 19-96 City of Morro Bay Master Fee Schedule Business License Rates Effective March 11,1996 Tyne Fee Special Event Transient Vendor $ 5/event- one -day event $10/event - two-day or three-day weekend event • $40/ fiscal year maximum tax (Fiscal Year begins July 1 and ends June 30) • U4LMWPTBAN IBL RESOLUTION NO. 18-96 • A RESOLUTION APPROVING CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT FUNDING FOR FISCAL YEAR 1995/1996 THE CITY COUNCIL City of Morro Bay, California WHEREAS, each year the City submits a claim for funding through the Transportation Development Act for both local and regional funding; and WHEREAS, the amount claimed for fiscal year 1995/1996 for local funding to be used primarily for Morro Bay Dial -A -Ride is $147,904; and WHEREAS, the amount claimed for fiscal year 1995/1996 for regional finding to be used primarily for San Luis Obispo Regional Transit Authority is $47,285; and WHEREAS, the amount claimed for fiscal year 1995/1996 for local bikeway/pedestrian ways is $2,800; and WHEREAS, the amount claimed for fiscal year 1995/1996 for the cost of a Transportation Development Act Audit is $1,250; and WHEREAS4he total amount claimed by the City of Morro Bay from Transportation Development • Act funds for fiscal year 1995/1996 is $199,239. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the City's Transportation Development Act claim in the total amount of $199,239 for fiscal year 1995/1996. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 1 lth day of March 1996 by the following vote: AYES: Anderson, Novak, Unger,' Yates NOES: None ABSENT: Crotzer ABSTAIN: None ATTEST: • BRIDGET AUER, City Clerk Jb:janeerd9affiW=1896.trn RESOLUTION NO. 17-96 • AUTHORIZING AN ANNUAL RENTAL CREDIT TO VAN BEURDEN INVESTMENTS, INC. FOR UNANTICIPATED COSTS OF MAINTAINING THE PUBLIC RESTROOM LOCATED ON LEASE SITE 78-81/78W-81 W THE CITY COUNCIL City of Morro Bay, Califomia WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 78-81/78W-81 W; and said site is leased to Van Beurden Investments, Inc. (VBI); and, WHEREAS, VBI redeveloped the building improvements on the Lease Site in 1992, including construction of a new public restroom facility; and, WHEREAS, VBI cleans , maintains and pays utility costs for the restrooms at VBI's sole cost; and, WHEREAS, VBI keeps the restrooms open to the public during the hours of operation of the Flying Dutchman Restaurant, thereby proving the primary public restroom on the west side of the central Embarcadero area; and, WHEREAS, as the cost for cleaning, maintenance and especially utilities for operation of the restroom has increased substantially beyond what the City and VBI anticipated when negotiating the new lease agreement for Lease Site 78-81/78W-81 W in 1991; and, •WHEREAS, the City desires to compensate VBI for some of the unanticipated costs for providing this necessary public service by authorizing a rent credit to VBI for a period of five years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay does hereby authorize an annual rent credit for VBI, the tenant on Lease Site 78-81/78W-81 W starting at $4,000 and increasing by 10% each year, for a period not to exceed 5 years. This rent credit shall be partial compensation of unanticipated public restroom maintenance costs during fiscal year FY 95-96 and each subsequent year for the five year period. The credit will be allowed as a deduction from VBI's semi-annual minimum rent payment due commencing on July 1, 1996 and each subsequent July 1 thereafter until 2001. The City may, by resolution of the City Council, terminate, reduce, increase or extend the period of this rent credit. In the case of termination, reduction or increase at any time other than July 1 the credit shall be allocated on a pro- rata basis. BE IT FURTHER RESOLVED THAT VBI shall account for actual restroom utilities and maintenance cost over the five year period. Prior to July, 2000 VBI and the City will meet to discuss actual cost and negotiate an amendment to the lease agreement if appropriate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of February, 1996, by the following vote: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None • BRIDGETT UER, CITY CLERK C, • �J RESOLUTION NO. 16-96 RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS REGARDING ESTABLISHMENT OF A PAVEMENT MANAGEMENT SYSTEM THE CITY COUNCIL, City of Mono Bay, California WHEREAS, the City of Morro Bay is required to establish a Pavement Management System for it's street system; and, WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) has made available to the City State Highway Account (SHA) funds in the amount of $7,500 to develop said System; and WHEREAS, the use of said funds require no local matching funds to he allocated for this purpose; and, WHEREAS, it is appropriate to enter into a cooperative agreement with SLOCOG for this purpose and an agreement has been prepared and executed by SLOCOG. NOW, THEREFORE, BE IT RESOLVED, by the City Council, city of Morro Bay, California that said Cooperative Agreement is hereby approved; and, BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED, by the City Council, City of Morro Bay at a regular meeting held thereof held this 13th day of February, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: San Luis Obispo Council of Governments Surface Transportation Program (STP) • PAVEMENT MANAGEMENT PROGRAM Project No. LR-38 (REG-33) THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF MORRO BAY, a political subdivision of the State of California, referred to herein as the "CITY". WHEREAS, SLOCOG and the CITY, pursuant to the Intennodal Surface Transportation Efficiency Act (ISTEA) of 1991 and Senate Bill 1435 (1992) are authorized to enter into a Cooperative Agreement for any street and road purpose within the CITY; WHEREAS, SLOCOG and the CITY agree to establish a Pavement Management System (PMS), referred to herein as the "PROJECT' which shall include an inventory and assessment of current road conditions, the purchase of a computerized program (PMSPro), and a computer to be used for the operation of the program; WHEREAS, SLOCOG has exchanged Surface Transportation Program (STP) funds for State • Highway Account (SHA) funds for the PROJECT, therefore eliminating the non-federal match; WHEREAS, all applicable laws, regulations, and policies relating to the use of State Highway Account (SHA) funds for the PROJECT shall apply notwithstanding any other provisions of this Agreement; NOW, THEREFORE, in consideration of the processes and conditions set forth herein, the parties agree as follows: (1) The CITY agrees to carry out the PROJECT within six months from the approval of this agreement by all parties, including: an inventory & assessment of the pavement condition of all roads within the City according to a generally accepted methodology, to input all data into a computer based Pavement Management System (PMS) program, and to provide a copy of all data to SLOCOG. (2) The total funding available to the CITY for the PROJECT is $7,500 in Regional SHA funds, of which $760 shall be expended by SLOCOG to purchase the required software (PMSPro). The remaining $6,740 shall be expended by the CITY for an inventory & assessment of all roads and for the purchase of an IBM/PC compatible computer which shall be used to run the PMS program. (3) The CITY agrees to account for all PROJECT costs to be paid for by SLOCOG pursuant to this Agreement, based on the following terms: a. If there is an underrun, the cost savings will roll back into the Regional SHA funding allocated to SLOCOG • b. If there is an overrun, the CITY will be solely responsible for providing the PROJECTS's additional costs. Page 1 of 3 (4) The CITY may submit, at a maximum of once a month, invoices identifying the amount expended (including all direct and indirect costs) by the CITY in accordance with the CITY's standard • accounting procedures. Invoices shall contain the following information: a. STP Project Number and Name. b. A brief description of work accomplished during the billing period. c. A copy of the consultant's bill to the CITY (if applicable). d. Amount expended by the CITY during the billing period, along with evidence of funds expended. (e.g., a copy of a CITY check to consultant or accounting documentation, etc.) e. Amount requested for reimbursement for the billing period. (5) Within two months after PROJECT completion and all work incidental thereto, the CITY must provide SLOCOG certification of PROJECT completion in accordance with the provisions in this Agreement, and a final invoice containing those items listed above and the unreimbursed PROJECT costs expended by the CITY. (6) The CITY agrees to grant State of California and/or SLOCOG access to the CITY's books and records for the purpose of verifying that SHA funds paid are property accounted for and the proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection by authorized Caltrans and/or SLOCOG agents at any time during PROJECT development and for a four-year period from date of completion of the PROJECT or for one year after the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later. (7) Upon completion of all work under this Agreement, ownership and title to all materials will automatically be vested in the CITY and no further agreement will be necessary to transfer ownership to the CITY. • (8) The CITY shall fully defend, indemnify, and save harmless that SLOCOG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement. (9) SLOCOG agrees to reimburse the CITY within 25 days of receipt of invoice(s), the amount expended by the CITY during the invoices' billing period. (10) Neither SLOCOG nor any officer or employee there of shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement. (11) SLOCOG shall designate a SLOCOG Surface Transportation Program (STP) Project Coordinator and the CITY shall designate a representative through whom all communications between the two agencies shall be channeled. (12) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties thereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties thereto. (13) This Agreement may be terminated or provisions contained therein may be altered, changed, or amended by mutual consent, in writing, of the parties hereto. (14) Nothing in the provisions of this -Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the • Agreement by imposing any standard of care with respect to the maintenance of local roads different from the standard of care imposed by law. Page 2 of 3 CITY OF MORRO BAY SAN LUIS OBISPO I COUNCIL �OF�GOVERNMENTS � • 14V By: I ll_1. By: Ana Mayor Ronald L. De Carli, Executive Director Date: Date: I j! 44 ATTEST: City Clerk By: &A� City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: 0 Date: • • Attorney Page 3 of 3 • RESOLUTION NO. 15-96 APPROVAL OF TRANSFER OF SHARES IN ASSOCIATED PACIFIC CONSTRUCTORS, INC. FROM J. EDWARD STRASSER TO ASSOCIATED PACIFIC CONSTRUCTORS, INC. LESSEES OF LEASE SITE 50-5115OW-51W THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 50-51/50W-51 W; and, WHEREAS, said Lease Site was leased to Associated Pacific Constructors, Inc. corporation owned by J. Edward Strasser and Reg Whibley. WHEREAS, Associated Pacific Constructors has notified the City of Morro Bay that J. Edward Strasser sold his shares in the corporation and resigned as Secretary of the Corporation. WHEREAS, the lease agreement for Lease Site 50-51/50W-51 W requires City Council approval of transfer of any shares totaling more than 40% of all shares. • WHEREAS, said transfer should in no way affect the operation of the corporation, and should have no fiscal impact to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the transfer of Mr. Strasser's shares in Associated Pacific Constructors, Inc. to the corporation is noted and assignment of the interest in Lease Site 50-51/50W-51 W to Associated Pacific Constructors, Inc., a California corporation, 100% of which shares are owned by Reg Whibley is hereby approved pending final City Attorney review of legal docouments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of February, 1996, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES:' None ABSENT: None NZ 0.3 A I big]I�t . City of Morro Bays 595 Harbor St. a Morro Bay, CA 93443-1900 • 805-772-6200 A P P L = C A T' = O CITY OF MORRO BAY HARBOR DEPARTMENT 1275 EMBARCADERO MORRO BAY, CA 93442 (805) 772-6254 jj l k -\ L U\Vj oec li 1U1 APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS, OR APPROVAL OF. SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to.the Harbor Office for processing. LEASE SITE y: .ram SO N/ 'r.6� APPLICATION FEE: 2lOe "45 CtJ.yistt-y , P.fr3 Lessee (please prin ) %3Sl�3ARe•9.0�0 Mailing Address, t , State Zii Business Name Telephone REQUEST: Briefly describe specific nature of approval requested. Is Signature SEE REVERSE Date ?�iS •CITY HALL FIRE DEPARTMENT PUBLIC WORKS 595 Harbor Sheet 715 Harbor Street 695 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero POLICE DEPARTMENT 850 Morro Bay Blvd. RECREATION AND PARKS 1001 Kennedy Way ... .. u.U.. u... .. •..,..urii:Ju xC L:.L SLy...!➢ ACCEPTANCE OF RESIGNATION OF J. EDWARD STRASSER The Secretary stated that he had received the written • resignation of J. Edward Strasser as a director, Secretary and Chief Financial Officer, to be effective at the close of this meeting. He suggested that the resignations be accepted. The board thereupon accepted the resignations as offered. ELECTION OF OFFICERS Mr. Whibley thereupon moved the JUDY STRAW be elected as Secretary and Chief Financial Officer, to serve the balance of Mr. Strasser's term in those offices. The board thereupon elected Ms. Straw as Secretary and Chief Financial Officer. AUTHORIZATION TO LEASE EQUIPMENT The chairman stated that the corporation has been leasing a substantial amount of construction equipment and other personal property from A D Construction, a California general partnership, for several years. He stated that legal counsel has recommended that, in order to protect the continued availability of the equipment for the corporate business, a written lease agreement be entered into between this corporation and A D Construction for the continued leasing of the equipment. A proposed lease agreement was presented to the Board for its consideration. Upon motion duly made, seconded and unanimously carried, 3 0 RESOLVED, that the President and Secretary be, and they hereby are, authorized and directed to execute and deliver on behalf of • this corporation, an Equipment Lease between this corporation and A D Construction in the form presented to this meeting. RESOLVED FURTHER, that the President and Secretary are further authorized to execute and deliver from time to time and as often as they deem necessary, additional schedules to said lease agreement covering additional equipment to be employed in the business of the corporation, on such terms and conditions as they shall deem appropriate at the time and to execute and deliver such ancillary and supporting documents and instruments, and to do any and all other things as may seem necessary or advisable to effect the full intent and purpose of this resolution. AMENDMENT TO BYLAWS The President indicated that since the corporation would have only one shareholder, the Board should consider an amendment to the bylaws to reduce the authorized number of directors from three to one. Upon motion duly made, seconded and unanimously carried, it was RESOLVED, that Section 3 of Article II of the bylaws of this corporation be amended to read as follows: "Section 3. QUALIFICATION AND NUMBER. A director need not be of the shareholder a re id nt of the stateooftCalifornia12 The authorized number of orof • directors shall be one (1) until changed by further action of the Board of Directors and/or the shareholders. There being no further business to come before the said meeting, it was, on motion duly made, seconded and unanimously carried, adjourned. Regg a M. Whibley President 0 4 • RESOLUTION NO. 14-96 APPROVAL OF ASSIGNMENT OF LEASE SITE 52/52W FROM THE PARTNERSHIP OF J. EDWARD STRASSER AND REG WHIBLEY TO REG WHIBLEY, SOLE OWNER OF ASSOCIATED DIVERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 52/52; and, WHEREAS, said Lease Site was leased to a general partnership consisting of Reg Whibley, J. Edward Strasser and Arthur A. Fry, dba Associated Divers; and, WHEREAS, upon Mr. Fry's death the remaining partnership consisted of Reg Whibley and J. Edward Strasser; and, WHEREAS, said partnership between Reg Whibley and J. Edward Strasser was dissolved December 31, 1995 by mutual consent and Reg Whibley was designated as having the sole authority to perform existing contracts of the partnership; and, • WHEREAS, Reg Whibley as sole owner of Associated Divers has requested that the lease for Lease Site 52/52W be assigned from the partnership of J. Edward Strasser and Reg Whibley to Reg Whibley, sole owner of Associated Divers; and, WHEREAS, said transfer should in no way affect the operation of the corporation, and should have no fiscal impact to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the assignment of Lease Site 52/52W from the partnership of Reg Whibley and J. Edward Strasser, dba Associated Divers to Reg Whibley, sole owner of Associated Divers is hereby approved pending final City Attorney review of legal docouments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of February, 1996, by the following vote: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None BRIDGETT8AUER, CITY CLERK City of Morro Bay` 595 Harbor St. • Morro Bay, CA 93443-1900 • 805-772-6200- CITY OF MORRO BAY HARBOR DEPARTMENT 1275 EMBARCADERO MORRO BAY, CA 93442 (805) 772-6254 illl! li�%�I APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS, OR APPROVAL OF SUBLEASES.TO CITY. LEASE AGREEMENTS To be completed and returned.to.the Harbor Office.for processing. LEASE SITE /: /QEG wrwre c t Lessee (please print) 7 9se��eoAof-•�o Mailing Address 64 tyr State Zip • APPLICATION FEE: .26�•O iQFG w09.re/- Ly Business Name gQs- 7,7z - 741'7o2 Telephone REQUEST: Briefly describe specific nature of approval requested. Ar�4W:572N& -W L'riA•Y6E L�7tlSESz71� 27 d�E dldy� 's Signature CITY HALL • 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadem at SEE REVERSE FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Mom Bay Blvd. 441E PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1W1 Kennedy Way I NOTICE OF DISSOLUTION OF PARTNERSHIP I't j l j JAN 1 1 996 • Notice is hereby given that REGGIE M. WHIBLEY and J. EDWARD STRASSER heretofore doing business as partners under the firm name of ASSOCIATED DIVERS, at 495 Embarcadero, Morro Bay, California, have dissolved their partnership as of December 31, 1995 by mutual consent. REGGIE M. WHIBLEY has the sole authority to sell partnership assets, pay and discharge partnership liabilities, collect and receive money payable to the partnership, perform existing contracts and act in any manner necessary to wind up the affairs of the partnership. Dated: December 31, 1995 • 0 RESOLUTION NO. 13-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE CALIFORNIA SEAFOOD COUNCIL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the mission of the California Seafood Council is to champion the food resources of California, and in accomplishing this mission, the California Seafood Council has: 1. Publicized the positive contribution of California's fishing industry and its people as providers of fresh, wholesome seafood products; 2. Educated the public to the value of California seafood as high quality and nutritious; 3. Worked with public and private organizations to protect and enhance habitat and species to ensure the long-term availability of California commercial seafood; • 4. Worked to enhance the quality of seafood products from fishermen to consumers; 5. Supported research and development to achieve this mission; and WHEREAS, the California Seafood Council has effectuated strategic goals set forth for 1993-1996: GOAL ONE: Maintain and enhance consumer access to the common property aquatic resources of the State. The California Seafood Council's media relations program provides current information about California's fishing industry and people through the Council's California Seafood Facts In Brief fact book and interviews with media gatekeepers and other contacts. These efforts have resulted in numerous feature stories on television, articles in newspapers and advertisements on radio promoting seafood, and specifically California seafood, as a healthy choice, and informing the public about California's seafood supply industry. The California Seafood Council's extensive education program, California's Golden Seas, extends this knowledge to schools and community youth groups throughout California. Resolution No. 13-96 Page Two Also intended to enhance consumer access, the California Seafood Council sponsored research projects for California spiny lobster in cooperation with the commercial lobster industry and the Department of Fish and Game, and contracted for spotter pilots to expand the biomass survey of sardines off California. This effort led to a five -fold increase in California's sardine quota in 1995. GOAL TWO: Create a "California Caught" identity for local seafoods. California Seafood Council consumer relations programs include bimonthly releases to more than 100 food editors and consumer affairs directors in California promoting California seafoods of the season and simple consumer tips to handle and prepare seafood, seafood's ease of preparation, and the benefits of seafood in a healthy diet. The California Seafood Council also fields exhibits at industry conventions and community fairs to promote California seafood and California seafood producers. The California Seafood Council developed voluntary California Seafood Quality Guidelines and • launched a California seafood identification program at markets and restaurants to promote the local catch and raise industry and consumer awareness of proper seafood handling methods. The California Seafood Council's merchandising kit for California seafood includes a bilingual seafood safety poster, which serves as a helpful training aid for seafood handlers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, in recognition of these and other beneficial programs implemented by the California Seafood Council, and in support of the continuation of these programs and the California Seafood Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of February, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None A A WILLIAM YATES ATTEST: BR DGETT BAUER, City Clerk RESOLUTION NO. 12-96 APPROVAL OF THE NOTICE OF DETERMINATION AND NEGATIVE DECLARATION FOR THE SITING ELEMENT AND SUMMARY PLAN AS PREPARED BY THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the Integrated Waste Management Act of 1989 (Assembly Bill 939) which requires the preparation of solid waste planning documents known as the "Siting Element" and the "Summary Plan," incorporated herein by reference; and WHEREAS, said procedures of the California Integrated Waste Management Board require local approval of these documents be accompanied by environmental documentation verifying compliance with the California Environmental Quality Act (CEQA), as amended; and WHEREAS, an Initial Study has been completed and a Notice of Determination and Negative Declaration, incorporated herein by reference, prepared in accordance with the requirements of CEQA; and WHEREAS, the City of Morro Bay has participated in the preparation of these documents; and WHEREAS, the San Luis Obispo County Integrated Waste Management Authority approved the Negative Declaration for the Siting Element and Summary Plan after it considered all the information presented to it, including the staff report and the public testimony presented in writing and at the November 8, 1995 Public Hearing; and •WHEREAS, prior to acceptance of these documents by the California Integrated Waste Management Board, the cities and county within the county shall approve the documents; and WHEREAS, a duly advertised public hearing was held before the City of Morro Bay for consideration of all information presented to it regarding the Notice of Determination and Negative Declaration. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay has considered all information presented to it concerning the Notice of Determination and Negative Declaration and determined that the Siting Element and Summary Plan shall not have a significant effect on the environment; and BE IT FURTHER RESOLVED, that the City of Moro Bay hereby approves the Notice of Determination and Negative Declaration. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of February 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None None ABSENT: ABSTAIN: ATTEST: None BRIDGETT qUER, City Clerk RESOLUTION NO. 10-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DUI ENFORCEMENT AND EDUCATION GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Highway Patrol has applied for an Office of Traffic Safety grant for the creation of a multi -agency DUI enforcement program; and WHEREAS, the grant includes participation by the Police Department's of Arroyo Grande, Atascadero, Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, Cal Poly State University, and the Sheriff's Department of San Luis Obispo, and California State Parks and Recreation; and WHEREAS, the grant fully funds the overtime costs and participation of Morro Bay Police Department personnel; and WHEREAS, the participation of all the agencies will enhance • public safety in the entire San Luis Obispo County area based upon a reduction in DUI related traffic accidents; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, authorizes the City of Morro Bay Police Department to participate in the grant known as SLOCOPS and authorizes the Chief of Police to sign the participation agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of January, 1996 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: Gill./ • BRIDGETT AUER, City Clerk RESOLUTION NO. 09-96 • RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SOUTH BAY BOULEVARD BIKE LANES GRANT: CONSTRUCTION THE CITY COUNCIL, CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay has previously applied for and received approval for a Proposition 116 grant for the installation of hike lanes on South Bay Boulevard; and WHEREAS, the City desires to see completion of this project; and WHEREAS, it is necessary and appropriate to execute a Fund Transfer Agreement with the State of California Department of Transportation to provide for reimbursement of the Citys construction costs for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the City Administrator is hereby authorized and directed to execute said Fund Transfer Agreement on behalf of the City. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on January 22, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE AUER, City Clerk RESOLUTION NO. 08-96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1995-96 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR FISCAL YEAR 1996-97 THE CITY COUNCIL 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 Planning and Building Director after review by the City of Morro Bay Planning Commission; and WHEREAS, the Local Coastal Program Land Use Plan and 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 that limit; and WHEREAS, on the 18th day of December, 1995 the Planning Commission held a duly noticed is Council; hearing and following its review of the report made its recommendations to the City Council; and WHEREAS, on the 22rd day of January, 1996, the City Council did hold a duly noticed PUBLIC HEARING on the 1995-96 Annual Water Progress Report and the proposed 1996-97 fiscal year Water Allocation Program; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: The City Council of the City of Morro Bay hereby receives and accepts the 1995-96 Annual Progress Water Report as submitted by Planning and Building Director and the Public Works Director and incorporated herein as if attached hereto; and A Water Allocation Program for the 1996-97 fiscal year is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The City Council authorizes the Director of Planning and Building to allocate 70 units for the fiscal year 1996-97. In addition, an additional 10 percent or 7 units shall be allocated during 1996-97 fiscal year as provided by the Authorized Water Recovery Allocation Model and Local Coastal Program Land Use Plan as approved by the State Coastal Commission and • Measure F bringing the total unit allocation to 77 units; and City Council Resolution No. 08-96 • Page Two b. The mix of residential dwelling units to be allocated during the fiscal year 1996-97 shall be 45 single family residences and 32 multi -family units; and C. Commercial and industrial allocations of up to 130 percent of the residential allotment shall be made available during 1996-97 fiscal year in accordance with Measure F; and d. Process Residential Allocations within Measure F limits from Residential List in accordance with the current process, and authorize the Planning Director to transfer, in the fourth quarter of the year, any remaining, unused multi -family unit allocations to the single family units which are ready to proceed. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 22nd day of January, 1996 by the following vote: AYES: Anderson, Crotzer; Novak, Unger, Yates NOES: None • ABSENT: None ATTEST: BRIDGETT AUER, City Clerk cdrive\xes-ord\cc08-96.res • • RESOLUTION NO. 07-96 RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT WITH BOYLE ENGINEERING CORP. FOR TWIN BRIDGES REPLACEMENT PROJECT BRIDGE DESIGN SERVICES THE CITY COUNCIL, City of Morro Bay, California WHEREAS, The completion of the Twin Bridges Replacement Project has the highest priority to the City of Morro Bay and citizens of the region; and, WHEREAS, It is necessary and appropriate to acquire the services of a duly qualified professional engineering consulting firm for the design of the bridge and appurtenances in an efficient and expeditious manner; and, WHEREAS, Requests for Proposals were solicited, received, reviewed and consultant selection performed in strict accordance with federal consultant selection procedures; and, WHEREAS, Boyle Engineering Corporation was the firm recommended for selection by the multi -agency review team based upon it's quantified qualifications, capabilities and successful experience in the design of bridge projects involving federal design criteria and funding sources. • NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that Boyle Engineering Corporation's proposal is hereby accepted for bridge design services for the Twin Bridges Replacement Project; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute an Agreement for Professional Engineering Services to reflect this approval. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on January 22, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSTAIN: None ABSENT: None ATTEST: • BRIDGETT AUER, City Clerk • RESOLUTION NO. 06-96 APPROVAL OF THE SITING ELEMENT AND SUMMARY PLAN AS PREPARED BY THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the Integrated Waste Management Act of 1989 (Assembly Bill 939) which requires preparation of solid waste planning documents known as the "Siting Element' and the "Summary Plan," incorporated herein by reference; and WHEREAS, the City of Morro Bay participated in the preparation of these documents; and WHEREAS, the San Luis Obispo County Integrated Waste Management Authority, acting as the Local Task Force, prepared and circulated the Siting Element in accordance with the requirements of Public Resources Code Division 30, Part 2, Chapter 4, Section 41700 et seq. and California Code of Regulations Title 14, Division 7, Chapter 9, Section 18755 through 18756.7; and WHEREAS, the Authority has prepared and circulated the Summary Plan in accordance with the requirements of Public Resources Code Division 30, Part 2, Chapter 4, Section 41700 et seq. and California Code of Regulations Title 14, Division 7, Chapter 9, Section 18757 through 18758; and WHEREAS, the San Luis Obispo County Local Integrated Waste Management Authority • approved the Siting Element and Summary Plan after consideration of all information presented to it at the November 8, 1995 Public Hearing; and WHEREAS, a duly advertised Public Hearing was held before the City of Morro Bay to receive and consider testimony on the Siting Element and Summary Plan. NOW, THEREFORE BE IT RESOLVED, that the City of Morro Bay has held a Public Hearing and considered testimony on the Siting Element and Summary Plan; and BE IT FURTHER RESOLVED, the City of Morro Bay hereby grants local approval of the Siting Element and Summary Plan in accordance with the requirements of the California Code of Regulations Title 14, Division 7, Chapter 8, Section 18783. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of February 1996 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Novak, Unger, Yates None None None ATTEST: All. k BRIDGE AUER, City Clerk RESOLUTION NO. 05-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ACCEPTING THE FISCAL YEAR 1995-96 COST ALLOCATION PLAN THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council, on April 11, 1995, authorized a contract for the preparation of a Cost Allocation Plan for Fiscal Year 1995-96 for the City of Morro Bay; and WHEREAS, staff and the city's consultant have made a diligent effort to identify the true and accurate costs for the services identified in the Cost Allocation Plan for Fiscal Year 1995-96; and WHEREAS, the City Council finds the Cost Allocation Plan for Fiscal Year 1995-96 does, in fact, represent a true and accurate measure of the costs of services included therein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Cost Allocation Plan for Fiscal Year 1995-96 is hereby accepted; and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City • Administrator is authorized and directed to rely upon the Cost Allocation Plan for Fiscal Year 1995- 96 as the basis for determining true hourly rates for use in billing for services rendered by City of Morro Bay employees. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of January, 1996, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None WILLIAM YA' Mayor BRIDGEBRIDGE7qF BAUER, City Clerk 0 RESOLUTION NO. 04-96 A RESOLUTION ACCEPTING OFFERS OF DEDICATION OF EASEMENTS FOR RECONSTRUCTION AND WIDENING OF SOUTH BAY BOULEVARD BETWEEN QUINTANA ROAD AND MORRO BAY STATE PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the reconstruction and widening of South Bay Boulevard, will require easements of a temporary and permanent nature for construction and design purposes; and WHEREAS, said easements will be required by the City on the east side of South Bay Boulevard between Quintana Road and the Morro Bay State Park representing a distance of approximately 1,300 feet; and WHEREAS, the Coastal San Luis Resource Conservation District has offered said requested easements to the City of Morro Bay; and WHEREAS, the Director of Public Works and City Engineer have determined that the attached easement grant deeds are correct and ready to be filed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the said easement grant deeds be accepted on behalf of the public and be filed with the San Luis Obispo County Recorder. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of January, 1996 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None WILLIAM YATES, ATTEST: 0 1J," BRIDGE BAUER, City clerk A RESOLUTION ACCEPTING OFFERS OF DEDICATION OF EASEMENTS FOR RECONSTRUCTION AND WIDENING OF SOUTH BAY BOULEVARD BETWEEN QUINTANA ROAD AND MORRO BAY STATE PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the reconstruction and widening of South Bay Boulevard, will easements of a temporary and permanent nature for construction and design purposes; and WHEREAS, said easements will be required by the City on the east side of South Bay Boulevard between Quintana Road and the Morro Bay State Park representing a distance of approximately 1,300 feet; and WHEREAS, the Coastal San Luis Resource Conservation District has offered said requested easements to the City of Morro Bay; and WHEREAS, the Director of Public Works and City Engineer have determined that the attached easement grant deeds are correct and ready to be filed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the said easement grant deeds be accepted on behalf of the public and be filed with the San Luis Obispo County Recorder. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of January, 1996 by the following vote: WILLIAM YATES, RESOLUTION NO. 03-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, SUPPORTING INTRODUCTION AND ADOPTION OF A VALIDATING ACT IN RESPONSE TO THE STATE SUPREME COURT DECISION IN SANTA CLARA COUNTYLOCAL TRANSPORTATIONAUTHORITY V. GUARDINO TIIE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the State Supreme Court recently issued a decision in the case of Santa Clara County Local Transportation Authority v. Carl Guardino, the effect of which decision is to require voter approval for the imposition or increase of a general tax as set forth in Proposition 62 (Government Code Section 53273); and WHEREAS, the Guardino decision reverses prior Court decisions which previously found that the voter approval requirements of Proposition 62 were unconstitutional; and WHEREAS, in reliance on such prior Court decisions, the City Council of the City of Morro Bay in 1986 and 1987 enacted an increase in the City's Business License Tax and the elected boards of many other local governments in California increased or adopted general taxes without public referendum; and WHEREAS, if the collection of new taxes or tax increases adopted by elected boards, subsequent to the effective date of Proposition 62 and prior to the effective date of the Guardino decision, is prohibited and/or, if retroactive refund of tax collections is mandated, a large number of local governments will experience severe financial crises, necessitating major reductions in public safety and other vital public services, negating contractual commitments, and quite possibly, leading to default on credit obligations or, at the very least, substantially reducing credit -worthiness of local governments; and WHEREAS, extensive costs, fiscal uncertainty and a major threat to public services are • certain to arise from retrospective application of the Guardino decision and from the Resolution No. 03-96 confusion that will result if clear and timely policy direction is not forthcoming from the State in the aftermath of the announcement of the Gaurdino decision, thereby decimating services provided through the City's general fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That State Senator Jack O'Connell and State Assembly Member Tom Bordonaro are urged to actively support the introduction and passage of a validating act requiring that the Guardino decision only be applied prospectively, effective January 1, 1996; and 2. That such validating act be introduced and adopted in January, 1996, as soon as possible after the Legislature returns to session; and 3. That the City Clerk is directed to forward this resolution to Senator O'Connell and Assembly Member Bordonaro at the earliest possible date after its adoption and to distribute copies hereof to the San Luis Obispo County Board of Supervisors and to the Mayors and • Councilmembers of the other six cities in San Luis Obispo County, urging their support for passage of a validating act by the State Legislature. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 8th day of January, 1996, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None BRIDGET ALTER, City Clerk • =A