HomeMy WebLinkAboutFebruary 2006 - October 2006NO. TITLE ADOPTED
521 ORDINANCE REGULATING POLICE
TOW SERVICES 10 ®23 ®6
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NO. TITLE ADOPTED
f15 ORDINANCE AMENDING SECTION 13.20.030 TO
13.20.060 OF THE MORRO BAY MUNICIPAL
CODE (ANNUAL WATER REPORT) 03-13-06
ORDINANCE AUTHORIZING s .
TO THE CONTRACT BETWEEN THE CITY
AND i E BOARD O '. ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT
s FORMULA -' FIRE MEMBERS) (
ORDINANCE ADDING ► " /ti O THE
O..'1, BAY 'A O;;i 1
SMOKING D FIRES PROHIBITED i
CITY BEACHES AND PIERS 06-12-01,
519 ORDINANCE ADDING CHAPTER 3.22 TO
TITLE 3 OF 1. 1 BAY MUNICIPAL
CODE r TRANSACTIONS
i USE TAX TO ;4 1; ; : ., D
BY THE STATE BOARD OF EQUALIZATION 8-144,11
i ORDINANCE ADDING ► > rr
SHORT-TERM REGULATING
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES ORDAIN AS
UOLLOWS:
Section 1. All previous resolutions including Resolution 8-89 and/or ordinances
regarding Tow Car Service Regulations or Tow Operators are hereby repealed and Chapter 10.50
of the City of Morro Bay Municipal Code is hereby added which shall read as follows:
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The following words shall have the meaning given herein:
10.50.040 AGREEMENT TERMINATION
A. Default. The agreement may be terminated by the City if the tow service provider:
1. Ceases operations for any reason, or fails or refuses to promptly answer City calls
for towing services;
2. Fails to comply with the provisions of this chapter or the fee schedule;
3. Fails to respond to the twenty-minute maximum response time requirements
without previously notifying the police dispatchers.
Notwithstanding the above, the tow service provider will not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the contract by the tow
service provider.
C. Termination for Convenience of the City - The City may terminate the contract at any
time by notice in writing from the City to the tow service provider at least five days
before the effective date of such termination.
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A. Application for tow services agreement shall be made to the Chief of Police by
submitting the following documents:
B. An initial application hereunder shall be accompanied by a nonrefundable application fee
as determined by the City.
D. The Chief of Police may recommend to the City council that a contract be entered into
with the applicant if the operator meets all the requirements of these regulations, and any
other requirements imposed by federal, state or local law, The Chief of Police may
regulate the number of tow service providers.
Tow service providers shall receive no compensation except those fees payable by parties
responsible for fees due to towing services rendered. In no event shall the City be under
obligation to compensate tow service provider for services rendered to other parties. As Tow
Service Provider's sole compensation for Services provided under this Agreement, Tow Service
Provider shall be entitled to keep and retain all profits realized from the lawful redemption, sale
or disposition of all vehicles, vehicle parts, or equipment removed, towed or stored under this
Agreement.
A. Towing fees of the Tow Service Provider will be reasonable and not exceed those rates
established by the local area California Highway Patrol.
B. Rates and Charges shall be posted in the tow service provider's office, visible to the
public.
C. A copy of the schedule of current rates shall be provided to the police department. The
police department shall be advised in writing of any proposed adjustment of the rates
prior to any change taking place. The Chief of Police must approve any rate changes.
D. In the event the police department accepts liability for a tow, no charge will be made for
storage fees to the City or other person or business.
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A. The relationship between the tow service provider and the City is that of independent
contractor. The tow service provider is not an employee of the City, and is not entitled to
the benefits provided by the City to its employees, including, but not limited, to group
insurance and retirement plans.
C. The tow service provider will provide its own motor vehicles and will maintain and
operate the vehicles at its own expense. The vehicles will be maintained by the tow
service provider in a safe and serviceable condition and meet all California regulations.
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A. Response to Tow Requests.
1. Tow service providers shall be available for response within the incorporated area
of the City and within a reasonable distance of those limits on a twenty-four hour,
seven-day per week basis. Services originating as a result of a call from the police
department shall not be subcontracted to another contracting tow service provider
or to any other person or business at any time of the day or night.
2. Tow service providers shall be capable of responding a minimum of two tow
service vehicles within the defined area within twenty minutes. If the tow service
provider is unable to respond as required, the police dispatcher will be so advised
so that another tow service may be summoned.
3. Tow service providers shall conduct business in an ethical, orderly manner,
endeavoring to obtain and keep the confidence of the community. They will abide
by the decisions of police officers or code enforcement officers.
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service provider shall have had sufficient training and/or experience to enable the driver
to safely and competently tow vehicles.
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The tow service provider shall keep complete and accurate records of its employees and
maintain these records for at least two years after an employee or agent leaves its
employment, and that these records shall be made available to the office of the Morro
Bay City attorney upon request.
E. Office and Storage Facility.
F. Vehicle Storage.
Tow service providers shall be solely responsible for the safekeeping of all vehicles
towed, and for any personal property within the towed vehicle. In keeping with this
responsibility, tow service providers shall provide secured areas in which towed vehicles
may be safely stored in an area until ready for release to authorized persons.
1. No vehicle will be stored in "inside storage" and charged as such without prior
approval of the police department watch commander.
2. Tow service providers shall have the capability for releasing vehicles between
eight a.m. and five p.m., normal business days (generally Monday through Friday
or Saturday), and by appointment after hours and during non-business days.
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3, Tow service providers have the responsibility for safeguarding all articles left in
impounded/stored vehicles. Bulk property left in vehicles will normally be listed
on the vehicle impound report by the police officers. Any article removed for any
reason will be properly identified on the tow service provider's copy of the
impound report.
Tow service providers will furnish the necessary personnel and equipment to pick up, tow away
iiWoved in violation of the
Abandoned vehicles will be removed from City streets and private property
without charge to the City if requested by police or code enforcement personnel.
Abandoned vehicle impounds requested by private property owners are not a
police matter and will be subject to rates and fees established by the tow
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2. Abandoned vehicles will, if at all possible, be towed during Monday through
Friday, eight a.m. to five p.m.
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A tow service provider must have the following equipment:
A minimum of two tow trucks with at least one being a flat bed; each having at
least ten thousand pound gross vehicle weight capacity.
2. Each tow truck shall have a winch and cable; each of a weight bearing or pulling
capacity equal to the gross load capacity of the tow truck to which they are
attached. Each boom tow truck shall have cables at least one hundred fifty feet
long. All winches shall have safety dogs or equivalent braking devices.
3. Each tow truck shall be maintained in compliance with the provisions of sections
24605, 25300, 27700, and 27907 of the California Vehicle Code.
Other Duties.
Tow service providers shall, upon request by the police department, protect from
disturbance and touching all surfaces and contents of an impounded vehicle, until
released from such obligation by a representative of the police department.
2. Allow inspection for impounded or stored vehicles by any person estimating or
appraising damage to such vehicles, and shall assist police representatives making
such inspections.
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4. Comply with all instructions of City dispatchers, police officers, and fire
personnel at the scenes of towing operations.
All tow service vehicles and all tow vehicle operators will meet all legal requirements in
respect to proper licensing, mechanical equipment, emergency lighting, towing, storage,
lien selling, or junking. Tow service providers will comply with all vehicle code sections
pertaining to required equipment (VC 27700), lighting equipment (VC24605-06, 25110,
25253), signs (VC27907), drivers (VC2430, 2431, 2436.5, 2436.7, 2432), Tow service
providers will also comply with Vehicle Code Section 10652 requiring the reporting of
vehicles stored for a period of thirty days or more.
K. Assignment of Tow Requests
The tow service provider will accept the decision of the Chief of Police as it relates to the
assignment of calls, if more than one business or company operates as a tow service provider.
The City will make every attempt to equally distribute the calls-for-service on a "rotation" basis.
The City retains the right to assign at its election, where in its sole discretion it determines that a
particular service or equipment is required and convenience to the particular need, which would
permit them, when they feel a particular operator can service a particular need better than
another, or has equipment more appropriate than another, to exercise discretion in the
assignment.
Tow service providers shall indemnify and save the City and its officers, agents and employees
harmless against all claims for damages to persons or property arising out of tow service
providers execution of the work, or otherwise by the conduct of the operator or its employees,
agents, subcontractors, or others (including the active and passive negligence of the City, its
officers, agents and employees) in connection with the execution of the work covered by this
agreement and any and all costs, expenses, attorney's fees and liability incurred by the City, its
officers, agents, or employees in defending against such claims, whether the same proceed to
judgment or not, except only for those claims arising from the sole negligence or willful conduct
of the City, its officers, agents, or employees. Further, tow service provider at his/her own
expense shall, upon written request by the City, defend any such suit or action brought against
the City, its officers, agents or employees.
Tow service providers shall reimburse the City for all costs and expenses (including but not
limited to fees and charges of engineers, attorneys, and other professionals and court costs' )
incurred by City in enforcing the provisions of this section.
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10.50.110 INSURANCE
A. Tow service provider shall, throughout the duration of its contract, maintain
comprehensive general liability and property damage insurance, or commercial general
liability insurance, covering all its operations, its agents and employees, performed in
connection with the contract including but not limited to premises and automobile.
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C. All insurance companies affording coverage to the tow service provider shall be required
to add the City of Morro Bay as "additional insured" under the insurance policy.
D. All insurance companies affording coverage to the tow service provider shall be
insurance organizations authorized by the Insurance Commissioner of the State
Department of Insurance to transact business of insurance in the state of California.
E. All insurance companies affording coverage shall provide thirty days' written notice to
the City should the policy be canceled before the expiration date. For the purposes of this
notice requirement, any material change in the policy prior to the expiration shall be
considered a cancellation.
G. Tow service provider shall provide a substitute certificate of insurance no later than thirty
days prior to the policy expiration date. Failure by the operator to provide such a
substitution and extend the policy expiration date shall be considered a default by tow
service provider.
H. Maintenance of insurance by the tow service provider as specified in this chapter shall in
no way be interpreted as relieving the tow service provider of any responsibility whatever
and the tow service provider may carry, at its own expense, such additional insurance as
it deems necessary.
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I. Pursuant to Labor Code Section 3700, the tow service provider shall be insured against
liability for worker's compensation at the statutory limit or undertake self-insurance in
accordance with provisions of that code, and provide certification of such compliance as
part of the application process.
The chief of police or designee will maintain a record file of each tow service provider. Such file
will include the tow service provider's application for a tow services contract, a copy of the
contract, copy of insurance coverages, and a record of all inspections and complaints regarding
the respective tow service providers.
The City council designates authority to the Chief of Police and/or the City Attorney or
authorized agent to settle any claim or dispute involving the City and the tow service provider.
10.50.140 APPEAL
Any tow service provider whose application for a permit has been denied or whose permit has
been revoked may appeal in writing within five days of notice of such action to the City
Manager. The City Manager or his/her representative will review the decision for reasonableness
and may receive evidence and testimony from all interested parties. The decision of the City
Manager shall be final."
Section 2. This ordinance shall go into effect and be in full force and operation from
and after thirty days after its final passage and adoption.
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PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 23 d day of October 2006 by the following vote to wit:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
BRIDGEW BAUER, City Clerk
FAI 1219
ROBERT W. SCMY�T Esq.
City Attorney
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Sections:
5.47.010
Purpose.
5.47.020
Operative date.
5.47.030
Definitions.
5.47.040
Exceptions,
5.47.050
Rental permit as business certificate.
5.47.060
Obtaining and retaining a short-term vacation rental permit.
5.47.070
Violations and penalties.
5.47.080
Display of short-term vacation rental permit.
5.47.090
Exterior complaint phone number display.
5.47.010 Purpose.
The purpose of the short-term vacation rental permit is to regulate the activity of
renting a dwelling unit for a period of 30 consecutive days or less in order to make
certain that the City is collecting Transit Occupancy Tax pursuant to MBMC 3.24 for
short-term vacation rentals and to safeguard the peace, safety and general welfare of the
residents of Morro Bay and their visitors and guests by eliminating noise and
overcrowding.
5.47.020 Operative date.
All short-term vacation rentals that exist at the time of the effective date of the
ordinance codified in this chapter shall apply for a short-term vacation rental permit
within sixty (60) days. All short-term vacation rentals proposed after the effective date of
the ordinance codified in this chapter must acquire a short-term vacation rental permit.
5.47.040 Exceptions.
Rentals of 31 or more consecutive days in duration are not required to obtain a
short-term vacation rental permit.
5.47.050 Rental permit as business certificate.
A short-term vacation rental permit issued pursuant to this chapter shall also serve
as a business certificate for rental activity pursuant to MBMC Chapter 5.04.
5.47.060 Obtaining and retaining a short-term vacation rental permit.
The applicant shall obtain an annual short-term vacation rental permit from the
City of Morro Bay subject to all provisions of this chapter, including the following:
A. Applicants shall submit an application for a short-term vacation rental
permit to the City of Morro Bay. The annual fee associated with the permit application
shall be identical to the amount required for a business certificate. The applicant may be
the owner or the owner's agent, and shall be the party responsible for compliance with all
provisions of this chapter and all of the laws regulating short-term vacation rentals and
Transient Occupancy Tax regulations.
B. Granting or Denial of Application. The application shall be granted unless
the issuing officer determines that the applicant has failed to comply with MBMC 5.04.
C. The short-term vacation rental permit holder will be subject to penalties as
set forth in MBMC 5.47.070 in the following instances:
1. In the event that any person holding a permit issued pursuant to this
chapter violates or causes or permits to be violated any of the provisions of this chapter or
any provisions of any other ordinance or law relating to or regulating such business, or
conducts or carries on such business in an unlawful manner, or for any reason for which
the permit application could have been denied in accordance with MBMC 5.04; or
2. Failure of the owner/owner's agent to pay Transient Occupancy Tax
pursuant to MBMC 3.24; or
1. Failure of the owner/owner's agent to respond to two or more complaints
as required by this section.
D. Applicants shall ensure that the occupants and/or guests of the short-term
vacation rental unit do not create unreasonable noise or disturbances, engage in
disorderly conduct, or violate provisions of this code or any state law pertaining to noise,
disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs.
Applicants are expected to take any measures necessary to abate disturbances described
herein, including, but not limited to, directing the tenant, calling for law enforcement
services, City code enforcement officers, removing the tenant, or any other action
necessary to immediately abate the disturbance. If an applicant is not able to stop
documented behavior that has been brought to applicant's attention, then such failure
shall constitute a failure to respond as defined by subsection (C)(3) of this section.
E. Applicants shall ensure that refuse containers are placed at the curb for
collection not earlier than eight a.m. on the day proceeding the day of collection and
empty containers shall be removed from the curb not later eight p.m. on the day of
collection purusant to MBMC 8.16.200,
Page Three
F. Applicants shall, upon notification that occupants or tenants of his or her
short-term vacation rental unit have created unreasonable noise or disturbances, engaged
in disorderly conduct or committed violations of this code or state law pertaining to
noise, disorderly conduct, overcrowding, the consumption of alcohol or the use of illegal
drugs, prevent a recurrence of such conduct by those occupants or guests and shall
respond to the notification of violation within 4 hours. Failure to respond to two or more
complaints regarding tenant violations is grounds for penalties as set forth in MBMC
5.47.070.
G. Applicants for the short-term vacation rental shall comply with all the
provisions of MBMC, and State and Federal law.
H. The city council shall have the authority to impose additional standard
conditions applicable to all short-term vacation rental units as necessary to achieve the
objectives of this chapter and shall notify all short-term vacation rental permit holders of
any change in standards applicable to the permits.
I. A fee in the amount of the business certificate fee shall be paid in
conjunction with the permit application. The fee is nonrefundable.
5.47.070 Violations and penalties.
A. Violations. Failure to comply with the conditions specified in this chapter
shall constitute a violation for which penalties may be imposed. City penalties for
violations shall be issued in writing by the issuing officer upon documented verification
of a violation. Documentation shall include, but not be limited to, copies of homeowner
association warnings, reprimands, fines or other associated actions; copies of citations,
written warnings, reports or other filed documentation by law enforcement. The issuing
officer shall notify the applicant in writing of the penalty to be imposed for violations
specified as follows:
1. For the first violation within any 12-month period, a written warning will
be issued;
2. For a second violation within any 12-month period, the penalty shall be
$250;
3. For a third violation within any 12- month period, the penalty shall be
$500;
4. For a 4th violation within any 12-month period, the issuing officer shall
hold a hearing pursuant to MBMC 5.04.210 and the permit shall be revoked for a period
of one year.
5.47.080 Display of short-term vacation rental permit.
Applicants shall affix the short-term vacation rental permit to the inside of the
main entry door of each short-term vacation rental unit to which it applies.
Ordinance No. 52C
Page Four
INTRODUCED at the regular meeting ®f the City Council held on the 111' day
of September 2006, by motion of Councilmember Peirce and seconded by
Councilmember Baxley.
AYES: BAXLEY, DEME RITT, PEIRCE, PETERS, WINHOLTZ
NOES: NoNE
ABSENT: NONE
ABSTAIN: None
ATTEST®
A,&
GET' AUER, City Clerk
ROBERT W. SCE", Esq.
City Attorney
11, LIVIRL
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Section 1. Authority.
The City Council enacts this ordinance in accordance with the authority granted to
cities by Article XI, Section 7, of the California Constitution.
Section 2. Addition of Chapter.
Chapter 3.22 is hereby added to Title 3 of the Morro Bay Municipal Code.
3.22.0 10 Title.
This Chapter shall be known as the City of Morro Bay Transactions and Use T
Ordinance. The City of Morro Bay hereinafter shall be called "City." This ordinan
shall be applicable in the incorporated territory of the City.
3.22.030 Purpose.
The purpose of this chapter is to achieve the following, among other purposes,
and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
B. To adopt a retail transactions and use tax ordinance that incorporat,"
provisions identical to those of the Sales and Use Tax Law of the State of Californ
insofar as those provisions are not inconsistent with the requirements and limitatio
contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. I
D. To adopt a retail transactions and use tax ordinance that can be administered
in a manner that will be i to the ZLeatest de 9 ee wssible, consistent with the provisions of
Part 1.6 • livisionz ot the
the transactions and use taxes, and at the same time, minimize the burden of record
keeping upon persons subject to taxation under the provisions of this ordinance.
3.22.070 Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the
incorporated territory of the City of tangible personal property purchased from any
retailer on and after the operative date of this ordinance for storage, use or other
consumption in the City at the rate of one-half of one percent (0.5%) of the sales price of
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3.22.090 Limitations On Adoption Of State Law And Collection Of Use Taxes.
Code: In adopting the provisions of Part I of Division 2 of the Revenue and Taxatil
A. Wherever the State of California is named or referred to as the taxing agenc:2
the name of this City shall be substituted therefore. However, the substitution shall ni
be made when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the
Constitution of the State of California;
2. The result
• that substitution would require action to be taken by or against
this City or any agency, officer, or employee thereof rather than by or against the State
Board of Equalization, in performing the functions incident to the administration or
operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring
the exterir unaries the State of • o • Califrnia, where the result f the sustituti
woul be to: I
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a, Provide an exemption from this tax with respect to certain sales, storage, use
other consumption of tangible personal property which would not otherwise • exem •
from this tax while such sales, storage, use or other consumption remain subject to tax •
the State under the. provisions of Part I of Division 2 of the Revenue and Taxation Cod,
or;
b. Impose this tax with respect to certain sales, storage, use or other consumpticm
of tangible personal property, which would not be sub ect to tax by the State under t
said provision of that code. I
4. In Sections 6701, 6702 (except in the last sentence thereot), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in e phr-M
f t
c4retailer engaged in business in this State" in Section 6203 and in the definition o t
phrase in Section 6203. 1
3.22.100 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
ordinance.
b. With respect to commercial vehicles, by registration to a place of business out-
be operated from that address.
3, The sale of tangible personal property if the seller is obligated to famish the
property for a fixed price pursuant to a contract entered into prior to the operative date of
this ordinance.
4. A lease of tangible personal property which is a continuing sale of sucM
property, for any period of time for which the lessor is obligated to lease the property 1'
an amount fixed by the lease prior to the operative date of this ordinance. I
5. For the I purposes of subsections (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the
2
D. Any person subject to use tax under this ordinance, may credit against that tZe
any transactions tax or reimbursement for transactions tax paid to a district imposing, (3
retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue
Taxation Code with respect to the sale to the person of the property the storage, use
other consumption of which is'subject to the use tax. I
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A. Citizens Oversight Committee Established. There shall be a permanem
citizens' advisory committee called the "Citizens Oversight Committee" (hereina
"Committee"), which shall semi-annually review revenues and expenditures fi-om t
collection of the tax,
B. Committee Membership. The Committee shall have 5 citizen-membe,"
appointed by the City Council for six-year terms with initially 3 members serving
years, and 3 members serving 6 years. Appointees shall be residents of the Ci
however, no member of the Committee shall be an elected official. I
C. Committee Organization Procedures. The committee shall select one of i
members as Chairperson. The Committee shall follow the rules of procedure of the Ci
unless and until, upon the report and recommendation from the Committee, the Ci I
Council adopts a specific set of procedural rules for the Committee.
E. Citizens Oversight Committee Functions. The Committee shall have th*
��111 N.M.) ITO] CIA 111 Im 11
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monies. Not later than the last day of the sixth month following the end of the each City
fiscal year, the Committee will present its findings, and conclusions to the City Counci
Cor its review.
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that no such amendment shall operate so as to affect the rate of tax imposed by this
ordinance.
122.150 Severa bill
ty.
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 affiected thereby.
3.22.160 Effective Date.
If this ordinance is approved by a majority of the electors voting on the issue at
the November 7, 2006 general municipal election, pursuant to Election Code Section
9217, the tax shall become effective ten (10) after the City Council accepts the certified
results of the election.
PASSED, APPROVE D AND ADOPTED by the City Council of the City of
Morro Bay on the 10 day of August 2006 by the following vote to wit:
ABSENT: None
® one
111 I =
BRIDGETCBAUER, City Clerk
e--)
ROBERT W. SCHUJ�Z, Esq.
City Attorney
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MON W
THE CITY COUNCIL
CITY OF MORRO CALIFORNIA
The City Council of the City of Morro Bay does ordain Section 9.24 be added as
follows:
WHEREAS, the beaches and municipal piers are unique and precious resources
of the residents of Morro Bay and its visitors. The City of Morro Bay is committed to
keeping its beaches, municipal piers, public floats and public wharves clean, safe, healthy
and pleasant for everyone; and
WHEREAS, the City Council has deterrnined that banning smoking and the
improper disposal of tobacco products on City beaches and municipal piers is necessary
to protect the health, safety, and welfare of Morro Bay residents and visitors; and
i IT,
WHEREAS, the municipal code does not currently prohibit smoking on CI
beaches and municipal piers.
NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as
foll•s:
Le��"
9.24.010 Definitions
9.24.020 Prohibitions
9.24.030 Disposal of smoking waste
9,24.040 Enforcement and Penalties
9.24.020 Prohibitions.
A. Smoking is prohibited and is unlawful within the boundaries of any City
Beach and on the City T Piers.
B. No person shall build, light or maintain any fire on any City Beach except in
designated containers or areas approved by the City.
No person shall dispose of any cigarette, cigar or tobacco, or any part of a
cigarette or cigar, in any place where smoking is prohibited under this Chapter, except in
a designated waste disposal container.
PAGE 2 of 3
A. A violation of this Section is an infraction.
B. Punishment under this Section shall not preclude punishment pursuant
Health & Safety Code Section 13002, Penal Code Section 374.4, or any other I
proscribing the act of littering. Nothing in this Section shall preclude any person fro
seeking any other remedies, penalties or procedures provided by law. I
INTRODUCED at the regular meeting of the City Council he on the 22 nd d
'I
of May 2006, by motion of Councilmember Baxley and seconded by Councilmemb
Winholtz.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay on the 12'h day of June 2006 by the following vote to wit:
AYES:
NOES:
ABSENT:
W61110=1
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
UER, City Clerk
ROBERT W. SCHUiiZ, Esq.
City Attorney
PAGE 3 Of 3
1=11 Fill iiiiiii Fill I III i 111 1111111 WIN I
-o�rr�oBam and the Board of
Administration, California Public Employees' Retirement System is hereby authorized, a copy of said
amendment being attached hereto, marked "Exhibit", and such reference made a part hereof as though
herein set out in full.
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for and on behalf of said Agency.
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circulation, publisnect ana circulatea in me Uny of 17-torro nay L
shall be in full force and effect.
INTRODUCED at the regular meeting of the City Council held on the 1P day of March 2006, by
motion of Councilmember Peirce and seconded by Councilmember Baxley.
Page Two
PASSED, APPROVED, AND ADOPTED, by the City Council ofthe City of Morro Bay, on the 10th
tay of April 2006 by the following vote to wit:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
Bridgett Ba4J, City Clerk
City of Morro Bay
REPORT OF CHAPTER 13.20 OF THE MORRO HAl IZ0,111CIT�V, OF I
ANNUAL WATER
e ,e l * #, -
The City Council of the City of Morro Bay does ordain Section 13.20 - "Building
Limitation" be amended as follows:
WHEREAS, Section 13.20.020 to 13.20.060 of the Morro Bay Municipal Code
sets forth the duties and responsibilities of the Planning Director, Planning Commission
and City Council in regard to the Annual Water Report; and
WHEREAS, the City desires to amend the duties and responsibilities to eliminate
the requirement for two public hearings related to the Annual Water Report; and
WHEREAS, the City of Morro Bay needs to amend Section 13.20.020 to
13.20.060 in order to make this change; and
WHEREAS, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section
13.20.030 to 13.20.060 be amended as follows:
13.20.030 Responsibilities of the Public Services Director.
The Public Services Director is charged with:
A. Submitting an annual water report to the city council and
planning commission;
B. Calculating the water equivalency units required by
individual projects;
C. Monitoring the water equivalency program during each
year;
D. Periodically updating the basis for a water equivalency unit
and the water equivalency table and adjusting them based on significant
changes of water consumption by land use type;
E. Developing operating procedures for the administration of
the water equivalency program and allocating water equivalency units
established for the year to projects, in accordance with the water
equivalency program.
1h
INTRODUCED at the regular meeting of the City Council held on the 27' d
L
of February 2006, by motion of Councilmember Baxley and seconded by Councilmemb]
Peirce.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay, on the 13th day of March, 2006 by the following vote to wit:
AYES:
Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES:
None
ABSENT:
None
Bridgett BAuer, City Clerk
WHEREAS, Government Code Section 36937 allows a legislative body to adopt by four-fifths
vote an urgency ordinance for the immediate preservation of the public peace, health or safety; and
WHEREAS, the City of Morro Bay ("City") currently allows Community Housing Projects
subject to approval pursuant to Morro Bay Municipal Code 17.49; and
WHEREAS, the City has most recently experienced an unprecedented interest in Community
Housing Projects; and
WHEREAS, the approval or adoption of additional such Community Housing Projects within
the City would result in a threat to public health, safety and welfare in that they could alter, in a radical
and fundamental manner, the current way of life for the City's residents. By their unique characteristics
and requirements, community housing projects tend to magnify the effects associated with higher urban
densities to the point where public health, safety, welfare, and economic prosperity of the City are
significantly affected. Such projects may conflict with the City's policy, set forth in the General Plan,
to provide a reasonable balance of rental and ownership housing within the City, to provide a variety of
individual choices of tenure, type, price and location of housing and to maintain the supply of rental
housing for low and moderate income persons and families. It is thus necessary to establish a
temporary moratorium to allow for: (1) research and study to determine how to address this type of
regulation that may be imposed on this use, and the potential impact this use may have on the City's
neighborhoods; and (2) the preparation and presentation of any proposed ordinance, amendments or
regulations to address this use; and
WHEREAS, the City Council finds and determines that the City's Community Housing Project
standards are outdated such that the City's existing standards fail to provide clear direction in Chapter
17.49 which has made it difficult to review and evaluate community housing project proposals in a
manner that will lead to consistent results and could cause the City's policy on these issues to be
developed by a series of ad hoc decisions upon individual applications. These factors, combined with
the number, size and scope of proposed community housing projects in the City, make it possible that
projects could be reviewed and approved or disapproved in a manner not consistent with the City's
long-term needs and goals. A temporary moratorium would provide an opportunity for the citizens of
the City, acting through their elected and appointed officials, to evaluate and consider possible
amendments and/or clarifications to Chapter 17.49. Adopting a temporary moratorium upon
.Y
Community housing projects will create a more stable environment during the moratorium period so
that amendments and/or revisions to Chapter 17.49 can be formulated, considered and adopted in an
orderly and thorough manner; and
WHEREAS, in an effort to develop comprehensive, consistent and appropriate revisions to the
City's zoning ordinance relating to Community Housing Projects, the City Council directs staff to
proceed with a comprehensive study (1) of the City's current Community Housing Zoning Ordinance,
and (2) as necessary, to prepare new standards for Community Housing Projects; and
WHEREAS, in order to ensure sufficient time for staff to undertake the comprehensive
planning required to revise the City's zoning ordinance relating to community housing projects, it will
be necessary to temporarily suspend the granting of land use entitlements or pen-nits relating to
community housing projects pending completion of revisions to the City's zoning ordinance; and
WHEREAS, the City Council finds that the prohibition on the issuance of permits for
community housing projects, which may be passed by at least four affirmative votes in accordance with
Government Code Section 65858(a), is necessary to preserve the public peace, health or safety and
until recommended zoning ordinance amendments are made; and
WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly authorize the City
Council to adopt an urgency ordinance prohibiting any uses which may be in conflict with the
contemplated zoning ordinance which the legislative body of the City is considering or studying or
intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Morro Bay finds that the above recitals are true
and correct.
SECTION 2. From and after the date of this Interim Urgency Ordinance, neither the City
Council, Planning Commission nor the Public Services Department shall approve any land use
development entitlements or other land use permits relating to community housing projects pending
completion of studies and related planning and zoning ordinances for the establishment of a new
zoning ordinance and secondary dwelling unit standards.
SECTION 3. This Interim Urgency Ordinance shall not apply to any application for
community housing projects where such application has been submitted to City Staff prior to the
effective date of this Interim Urgency Ordinance and said application has a vested right by law.
SECTION 4. This Interim Urgency Ordinance is enacted pursuant to the authority conferred
upon the City Council of the City of Morro Bay by Government Code Section 65858, 36934 and
36937, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of
the City Council as if and to the same extent that such Ordinance had been adopted pursuant to each of
the individual sections set forth hereinabove.
SECTION 5. In adopting this Interim Urgency Ordinance, the City Council finds and
determines that each of the recitals contained in this Ordinance are true and -correct, and that the
adoption of this Interim Urgency Ordinance is necessary to protect the public safety, health and
welfare, as those terms are defined in Government Code Section 65858(a), in at least the following
respects:
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t�N
kaj Were the City Council or the Public Services Department to grant land use
approvals or permits, or the like, relating to community housing projects during the pendency of the
studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly
development of property within the City, resulting in a reduction of the quality, caliber and aesthetics
of the development of such property; and
(b) Were the City Council or the Public Services Department to grant land use
approvals or permits, or the like, relating to community housing projects during the pendency of the
studies necessary to revise the City's zoning ordinance, such approvals could undermine the orderly
development of property within the City, resulting in the inability of the City to assure that property is
developed to its best use as allowed by law; and
(c) Were the City Council or the Public Services Department to grant discretionary
land use approvals or permits, or the like, relating to community housing projects during the pendency
of the studies necessary to revise the City's zoning ordinance, such approvals could authorize
development which is in violation of State laws.
SECTION 6. This Interim Urgency Ordinance shall be of no further force or effect forty-five
(45) days from and after the date of its adoption, unless the same is extended pursuant to the authority
conferred upon the City Council by Government Code Section 65858(a). Not later than ten (10) days
prior to the expiration of this Interim Urgency Ordinance, the City Council shall issue a written report
describing the measures taken to alleviate the condition that has led to the adoption of this Interim
Urgency Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard
to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
PASSED AND ADOPTED by the Council of the City of Morro Bay at a regular public
meeting held on the 14th day of February, 2006 on a motion of Councilmember Winholtz, seconded by
Councilmember DeMeritt, and on the following vote:
AYES: Baxley, DeMeritt, Peters, Winholtz
ABSENT: None
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BRIDGET 5AUER, City Clerk
Robert W. Schultz, Es��
City Attomey
�111 M,