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HomeMy WebLinkAboutJanuary to Juney AGENDA LOCAL COASTAL PROGRAM - LAND USE PLAN SPECIAL PUBLIC HEARING OF THE MORRO BAY CITY COUNCIL June 25, 1981 - Morro Bay Recreation Hall I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC HEARING A. Local Coastal Program - Consideration of recommendation from the Planning Commission relative to a Proposed Land Use Plan. 1. Oral Report of the City Administrator and Planning and Community Development Director on the Coastal Program process and corrections to the draft Land Use Plan. 2. Public Hearing opened to testimony from the audience, at the direction of the Mayor. NOTE: Speaker cards should be filled out and passed to the Mayor, at the beginning of the meeting, by all those persons wishing to address the Council. 3. Public Hearing closed, and returned to Council deliberations, at the direction of the Mayor. 4. Council recommendations for Final Draft of Land Use Plan as would be submitted to the State Coastal Commission for their consideration. V. ADJOURNMENT ADJOURN MEETING TO MONDAY, JUNE 29, 1981 TO DISCUSS 1981-82 FISCAL YEAR BUDGET (7:00 PM - Morro Bay Recreation Hall). MORRO BAY CITY COUNCIL SPECIAL MEETING - LCP - JUNE 25, 1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:35 PM by Mayor Warren M. Dorn the pledge of allegiance. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Murrel Crump, Community Development Director Angela Grenz, Environmental Engineer Bonita Murray, Deputy City Clerk PUBLIC HEARING Bob Ward led Before the Public Hearing portion of the meeting started, Mr. Baxter stated the need for a new City street sweeper since the one the City owns has broken down. Staff is recommending that Council authorize them to obtain current prices and bring this back for discussion at the Monday night Council meeting. The Council members had no problem with this. _ An announcement was made by Mr. Baxter that the continuation of the Council Meeting will be held on Monday, June 29 at 4:00 PM to conclude discussions on the 1981-82 budget. The ground rules for this public hearing were stated by Mr. Baxter. Anyone who has already submitted written comments.or has previously spoken on the subject, would have an opportunity to speak after all others have had a chance and the time limit would be restricted to three (3) minutes.. Anyone having any written comments were requested to submit them for the record. Mr. Crump read his memo (see Exhibit -A) on the Local Coastal Plan - Land Use Plan. This memo reviewed the (1) background summary, (2) public comment and testimony, (3) process and procedures, and (4) Council considerations. Mrs. Grenz read a memo into the record regarding the California Department of Water Resources' review of the City's water management plan. The memo indicated that the City' .s water problem is a water management problem. (See Exhibit B for full details.) Thanks were given to all those who had worked on -this draft Local Coastal Program from Mayor Dorn. The meeting was then opened for public comments. A concern was expressed by Wendy Calmes that the City should get on with adoption of a plan and forward it to the Coastal Commission as soon as possible for their review. This would allow the City to obtain local control. A petition was submitted by Grace Melton of those individuals who support the current Draft Local Coastal Plan. After attending the last two meetings -.on s • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Two the Local Coastal Plan, she felt that Keith Gurnee's request to have his name removed from the Acknowledgement Page should be granted. The July 1 deadline for submittal of a Proposed Local Coastal Plan to the Coastal Commission should be met according to Bob Ward. He felt that no plan would totally satisfy everyone in the community but that Council must get on with the business at hand. Katherine Williams submitted written comments to be made a part of the record. Everyone should think in terms of what is best for the community according to Jim Maul. He felt very strongly that the community is fighting for freedom and local control. Speaking in support of the Draft Local Coastal Plan were Fred Witt, Carl Reeves and Jim Merzon. MOTION: Mayor Pro-Tem Lemons moved that the public hearing on the Draft Local Coastal Plan be closed, which was seconded by Councilwoman Ward. This was carried unanimously by roll call vote. Mayor Dorn thanked the community for all their comments and support. He now hoped that we can move _ahead and have the plan approved to_ protect _parts _of the community_! for all time and for all people and restore local home rule government where it belongs. MOTION: Mayor Pro-Tem Lemons moved that staff's recommendations on the corrections to the Local Coastal Plan be approved and made a part of the Local Coastal Plan. This was seconded by Councilman Anderson and so carried. Mayor Pro-Tem Lemons had corrections, deletions and/or additions to the draft Local Coastal Plan, which were voted on individually and are as follows. MOTION: Mayor Pro-Tem Lemons moved that Page 39, Policy 1.13(e) be changed to insert a period after "collector standards" and the rest of the sentence deleted. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved that Page 142, Policy 9.05(d) be changed by substituting the word "feasible" for.the last word "possible." This motion was seconded by Mayor Dorn and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved that page 177, 6(b) first sentence be changed to add "and bulk" after height and eliminate "of 25 feet". It was further moved that 6(d) be changed by substituting "a balancing formula" for "tighter regulations". This was seconded by Mayor Dorn and so carried. • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Three MOTION: Mayor Pro-Tem Lemons moved that on page 178 (a), second paragraph, should be changed to read as follows: "The Embarcadero is a random mix of tourist and harbor related,uses that creates.certain circulation problems, both vehicular and pedestrian. This random mix does, however, give the area a charm and honesty not found in pre -planned areas. This honesty and individualistic appearance should be encouraged. Mindful of a;desire for harmony (rather than homogeneity) and its waterfront/bay'orientation. Visual problems present on the Embarcadero include:" This change was seconded by Councilwoman Deutsch and so carried. MOTION: Mayor Pro-Tem Lemons moved that on page 178, (3) be changed to read "A need to establish standards for signs". This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Pro-Tem Lemons moved that page 178 (5) be changed by the addition at the end of the sentence of "on the Embarcadero and along the bluff." This was seconded by Councilwoman Deutsch and so carried. MOTION: Mayor Pro-Tem Lemons moved that page 178 (6) be changed by the addition of "A need for an effective clean-up and maintenance program." This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Pro-Tem Lemons moved that on page 178 (a) a new section should be added titled "Circulation Problems on the Embarcadero Include: (1) A need to widen sidewalks; and (2) a need to locate long term parking for sports fishing activities where such use will not create parking congestion." This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Pro-Tem Lemons moved that page 179, Policy 12.01(c) be changed to read "A specific formula to regulate height/bulk of buildings and trees and clustering for new development." This motion was seconded by Mayor Dorn and so carried. MOTION: Mayor Pro-Tem Lemons moved that page 179, Policy 12.02 be changed to eliminated the word "design" in the two places in which it appears. It was further moved that the criteria be revised to read (a) building height/bulk relationship, (b) landscaping, and (c) view corridors. This was seconded by Mayor Dorn and so carried. MOTION: Mayor Pro-Tem Lemons moved that page 180, Policy 12.03 be deleted entirely. This was seconded by Mayor Dorn and so carried. MOTION: Mayor Pro-Tem Lemons moved that Page 180, Policy 12.04 be changed to read as follows: "Development between State Highway One and the ocean in planning areas 1, 2 and 5 shall provide view corridors so as not to significantly block views of travelers on the Highway. This means no more than 50 percent of existing view access could be blocked." This was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Four MOTION: Mayor Pro-Tem Lemons moved that page 158 at the end of Section 1 the following be added: The basic food producers of the estuary and lagoon are marine and marsh plants such as eel grass, algae and pickleweed. Broken down by bacterial action, the plant material becomes the base for the detritus food chain on which all marine animals (both microscopic and macroscopic), water birds and shore birds depend. Protecting the vitality of the estuary begins with the protection of marine plants and the plants of the saltmarsh. "Fish of the continental shelf are directly or indirectly dependent on the estuaries. The quiet, nutrient -rich waters of the estuaries provide nursery habitats for young fish. Much of the food in the ocean is that which originated in the estuaries and has been carried out to sea by the tides. "A healthy estuary and saltmarsh are of inestimable value for both aesthetic and economic reasons. "Policies are established to ensure the continued productivity of the wetlands." This motion was seconded by Councilwoman Deutsch and so carried. At the joint meeting of the Planning Commission and City Council, Mr. Risley had commented on the existing residential lots should receive priority for water. It is the understanding of the Council that there are certain coastal act policies which state that commercial fishing, agriculture, recreational fishing, etc. have priority over residential lots for water. Mr. Lemons stated that this reasoning was used in writing the Local Coastal Plan. Section V of the Draft Local Coastal Plan capsulates the Brown and Caldwell report. Even though Mr. Diffley may differ with some of the conclusions of the consultant, Mr. Lemons felt that any criticisms of a technical subject, to be really valid, should come from a recognized expert in the field. As of this meeting, Mr. Lemons stated he did not know of any inaccuracies being reported by an expert on the conclusions of the report. At the bottom of page two of Mr. Diffley's letter, he asserts that it is foolish to state that "future water facilities will be sufficient to meet future demands." Mayor Pro-Tem Lemons felt that this had been taken out of context as the very next sentence on page 71 of the LCP sets forth the necessity for funding and construction to take place for the additional water to be available. Bob Lane's comments of the LCP urged the inclusion of the Nacimiento Project. Mayor Pro-Tem Lemons felt that the LCP should not be further complicated by insertion of this issue. As of now, that project is inactive and will be for some time. It is a viable solution but the City can't afford to wait to develop additional water availability. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Five On page 39, Policy 1.19, Mr. Lemons stated that this policy does not provide for any uses which are essentially different from those shown previously or basically different from the existing General Plan. If the Council desires to eliminate Highway 41 Extension, Mayor Pro-Tem Lemons suggested that Policy 1.14 be eliminated and that Policy 1.19 be revised to reflect that the extension is not contemplated. Likewise, if Policy 1.14 is removed, Policies 1.15, 1.16, and 1.20 should be revised. Staff corrections should have been made in accordance with Laura McGonagill's suggestions. MOTION: It was moved by Mayor Pro-Tem Lemons that the Cloisters arrow be relocated in Figure 23. This was seconded by Mayor Dorn and so carried. Since Mrs. McGonagill, during her oral testimony, mentioned her opinion that it would be desirable to have one or more crossings on Highway One at grade south of San_Jacinto Street. Mayor Pro:Tem Lemons concurred with this suggestion and_made -the f6Tlowing motion.— - — --"— MOTION: Mayor Pro-Tem Lemons moved that the following.policy be added at Policy 1.14 and renumber the following policies: "The City shall make every effort to have the California Department of Transportation design and construct one or more crossings of Highway One at grade in order to facilitate safe and convenient movement of residents across that man-made barrier." This motion was seconded by Councilman Anderson and so carried. Mr. Bailey's comments on OCS development were well taken and Mayor Pro-Tem Lemons felt that Policy 5.12 could be strengthened. MOTION: Mayor Pro-Tem Lemons moved that Policy 5.12 be reworded and that the new addition of (g), (h), and (i) be made to read as follows: Policy 5.12. In the event the Federal or State government mandates that minor OCS support facilities must be accommodated here such facilities may...." (g) Any such development shall procure and furnish any water supplies needed for their operation and maintenance and for the maintenance of their personnel without impinging on Morro Bay's available supply and without cost to the City. (h) Any such development shall likewise procure and furnish any sewer capacity needed for their operation and maintenance and for.the maintenance of their personnel without impinging on Morro Bay's existing capacity and without cost to the City. (i) Any such development shall agree to reimburse the City for the cost of police, fire, public works, and other city services made necessary by reason of the development. This motion was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Six In regards to the Morro Avenue Extension and Mr. Shelton's comments, Mayor Pro-Tem Lemons stated that this possible extension was not eliminated from the plan. This Local Coastal Plan does not, nor should it, contain specific details for every possible development in -the city. With respect to Morro Avenue, it should be noted that there is extreme opposition to the extension from residents in the neighborhood who are most affected by it. Further, it can be argued that the extension may in fact be a poor solution to the problem it purports to solve. Mayor Pro-Tem Lemons clarified that the Local Coastal Plan does not encourage development of the Cloisters but rather encourages public acquisition. Some personal comments were made by Mayor Pro-Tem Lemons on Mr. Shelton's written comments. Mr. Gaines' statement that Coastal permits were to be granted on the basis that existing city R-1 lots would be the first to get permits for sewer services is not factual according to Mayor Pro-Tem Lemons. Insofar as it does not violate Coastal Act policies this is the policy of the City as expressed in this document. MOTION: Mayor Pro-Tem Lemons moved that on Page 188, Policy 15.04, that the following be added to the end of the policy paragraph: "Furthermore the City shall formally seek to estabish a City/County program which would result in the adoption of a Specific Plan for the City's Urban Reserve Area." It was further moved that in connection with this addition that the Land Use Map (Figure 3, page 14) be amended to designate "Agricultural/ Urban Use Specific Plan Area"; that the "Agriculture" description be amended (page 19, second paragraph under No. 4, OTHER LAND USES) to read as follows: AGRICULTURE/URBAN USE SPECIFIC PLAN: This land use designation pertains to the existing agricultural use area located in the Morro Valley and within the City limits. This classification is intended to stabilize urban and rural boundaries and preserve the land best suited for agricultural use as provided in a city/county specific plan. As long as agricultural use is economically feasible, or until Specific Plan implementation, all or portions of this designation may be used for grazing, dry and irrigated land crop production and auxillary uses necessary to facilitate agricultural uses located outside the City limits. It was further moved that Policy 5.01, second sentence, be amended to read as follows: "Development shall not be allowed on these parcels until it can be substantiated that the land is needed for urban purposes pursuant to a Specific Plan designation and that water is available for servicing development without endangering existing viable agricultural resources." This motion was seconded by Mayor Dorn and so carried. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Seven MOTION: It was moved by Mayor Pro-Tem Lemons that Page 9, Morro Highlands, a section 4(b) be added to read as follows: "It is desirable to designate a nominal amount (8-12 acres) of district commercial use in this area near the freeway interchange. Prior to approval of any use of this land use designation the City shall require a detailed market analysis to demonstrate the need for such use." It was further moved that Figure 3 be revised to reflect this revision. This was seconded by Councilwoman Deutsch and so carried. Mayor Pro-Tem Lemons felt that Policy 8.05 is adequate in regards to Mr. Risley's letter to the Planning Commission. The city does not want to prohibit demolition of non -habitable housing which Mr. Risley's suggestion would do. Mayor Dorn called a brief recess at 9:00 P.M., and the meeting was reconvened at 9:25 P.M. MOTION: Councilwoman Ward moved that on Page 37, Policy 1.07 (C) wherein there is a list of priorities that priority (f) will now be priority (a) and the current priority (a) will now be priority (f). This was seconded by Mayor Dorn and so carried. Personal comments on the process and the work done were made by Councilwoman Ward and Councilman Anderson. MOTION: Mayor Dorn.moved that Page 38, Policy 1.12, introductory paragraph, be amended to read as follows: "Should the Cloisters parcel be acquired for park purposes by appropriate public agency to provide for passive recreation and access to the beach, the city shall require a precise development plan as a condition of the development permit. The plan shall incorporate the following:" This motion was seconded by Councilwoman Deutsch and so carried. The topic of the Highway 41 Extension was brought up. Mayor Dorn felt that before any development, etc. is proposed on this that the issue be brought before the citizens of Morro Bay at an election. Councilman Anderson felt that Highway 41 be extended for emergency vehicle access only. There was a general discussion on this topic. MOTION: Mayor Dorn moved that State Highway 41 shall be extended with monies to the Embarcadero Road with proper financial planning following the City's existing right -a -way. This was seconded by Councilwoman Ward but did not pass on voice vote. Since the Local Coastal Plan can be revised three times a year, Mayor Pro-Tem Lemons felt very strongly that all references to Highway 41 should be eliminated. He felt that in five years when the plan is revised, this project may be viable and it can be added back in. MOTION: Mayor Pro-Tem Lemons moved that a substitute motion be made for the original one moved by Mayor Dorn. This was seconded by Councilman Anderson and on roll call vote.was passed with Mayor Dorn and Councilwoman Ward voting no. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JUNE 25, 1981 Page Eight MOTION: Mayor Pro-Tem Lemons moved tha t MOTION: Mayor Pro-Tem Lemons moved that Page 39, Policy 1.09 be changed to reflect the deletion of all references to Highway 41. This was seconded by Councilman Anderson and so carried. The pollution factor.of the P.G.&E. plant should be addressed according to Mayor Dorn. MOTION: Mayor Dorn moved that Policy 5.19 be added to state: "The City shall insist that the present operation and any future expansion of the P. G. & E. Plant conform to the standards of the Federal and State pollution control requirements and emission levels be maintained. This was seconded by Councilwoman Ward and so carried. There was a lengthy discussion on Page 9, Morro Highlands, added Section 4(b) whereby Councilwoman Deutsch felt that a detailed market analysis would not be feasible for 8-12 acres and suggested that it be increased to 30-50 acres. She felt that this would allow for junior department stores, discount stores, variety stores, etc. Mayor Pro-Tem Lemons felt that a designation of this much acreage would be 25 percent of the available area and it would be highly visible from the City and would detract from the visual quality or atmosphere of that area. He further felt that if changed the area would be diminished beyond a tolerable.limit. MOTION: Councilwoman Deutsch moved that Page 9, Morro Highlands, Section 4(b) be changed to reflect 30-50 acres. This was seconded by Councilwoman Ward and so carried with Mayor Pro-Tem Lemons and Councilman Anderson voting no. MOTION: Councilwoman Deutsch moved for the appoval of Resolution 64-81, A Resolution Adopting and Approving the Local Coastal Program Proposed Land Use Plan. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. MOTION: Mayor Pro-Tem Lemons moved that the meeting be adjourned to Monday, June 29, 1981 at 4:00 PM in the Recreation Hall for a continuation of the Council Meeting. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 10:50 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy City Clerk EXHIBIT A M E M O Date: July 24, 1981 TO: Honorable Mayor and Members of the City Council FROM: Planning and Community Development Director SUBJECT: LCP-Land Use Plan The following memorandum is offered for purposes of an update on the Local Coastal Program. Additional materials are to be transmitted to the Council relative to the Land Use Plan hearings and the draft document.. Specifically I would like to review the following subjects: .Background Summary - The events that have led us to this point. -Public Comment and Testimony - Persons commenting on the current draft plan and Planning Commission recommendation. (Also see Planning Commission minutes of Tuesday, June 23, 1981.) .Process and Procedures - Description of the process for the Local Coastal Program and what occurs next. *Council Considerations - Options the Council has at this point in the process. I. BACKGROUND SUMMARY A. First Rough Draft - As the Council is aware, the first draft was released in January, 1981. The City received a substantial body of written comment from agencies, organizations and individuals on what they believed to be the Coastal Act and Community issues confronting Morro Bay, in addition to testimony received at meetings before the Harbor Advisory Board, Park & Recreation Commission, and Planning Commission. It became apparent from this response that the text needed to be restudied. B. Direction for Redrafting - In response to pending State legislation which would return permit authority to the City (providing it had a Land Use Plan), urging from the Coastal Commission to complete and deliver a plan by July 1, 1981, and other related considerations including the input that had been received, the Council believed it to be in the best interest of the City as a whole to move expeditiously to complete a "Proposed" Plan. The Council augmented the Community Development Department budget for this purpose and gave the appropriate directions to Staff. • • Page 2 C. Second Draft Work - Staff, aided by an experienced contract employee, and two volunteers each from the Council and Commission, set out to develop a second draft policy document which was feasible to implement. As one guide, Staff had the Phase I, "Issues Identification" (Current draft, Appendix "B"). The City's responsi- bility is to respond to these issues in its plan ... no more and no less. Also Staff and the participating people desired to simplify the understanding of the document and remove those items that -should not be a part of a policy plan. D. Second Draft Release - The current draft was available for public perusal on Monday, June 8, 1981. Also, in connection with hearings to follow, a notice was published in the Telegram -Tribune on June 8, 1981 and in the Sun -Bulletin on Wednesday, June 10, 1981. (Note: The Telegram -Tribune does indeed qualify as a newspaper to publish legal notices for all cities in this county). Addi-' tionally (the week before); Staff had mailed this notice to all the agencies and individuals on our distribution list which in- cluded everyone who had -signed up to receive notices at the first draft meetings. E. Public Meetings on the Current (Second) Draft - A Joint Council/ Commission meeting was held on Friday, June 19, 1981, and Planning Commission meeting on Tuesday, June 23, 1981. II. PUBLIC COMMENT AND TESTIMONY A. The following indicates that a total of 31 different individuals addressed the Council and/or Commission: SPEAKERS Only Friday 6/19/81 Only Tuesday 6/23/81 Both 6/19 and 6/23 Austin, Cindy Bailey, Don Curry, Jack Fisher, Elizabeth McGonagill, Laura McWilliams, Kathleen Polin, Martin Read, Lawrence Risley, Kay Weiss, Richard Williams, Merrell Udell, Ann Wieman, Harold Diffley, Peter Domenghini, Louis Gurnee, T. Keith Macare, Maurice Melton, Grace Miller, Ernie Ross, Jim Walling, Kit Ward, Bob Gaines, Howard Gallo, Ray Giannini, Joseph Lane, Robert McGonagill, W.L. Montgomery, Victor Risley, Bruce Shelton, Gene Williams, Kathryn Written comments were also submitted at both meetings ( you. 'have have previously received comments from Friday and transmitted herewith are the Tuesday written comments). I1 U • Page 3 B. At the conclusion of the Tuesday, June 23, 1981, Planning Commission meeting, the following motion was adopted: MOTION: "Commissioner Paul moved the Planning Commission take two actions: 1) That the Local Coastal Plan draft be forwarded to the City Council with the recommendation from the Planning Commission that before the submittal of the draft to the State Commission, that serious and studied consideration be given to the enclosed suggestions and comments of the people, the Planning . Commission and staff. 2) That the above recommendation of submittal to the Council of the Local Coastal Plan draft is based on assurance by staff to the Planning Commission that after review and critique by the State Commission .that the draft will be returned to the City for correction and modification and that before submittal of any final Local Coastal Plan, an adequate time span will be provdied to hear our review of all comments and suggestions and that any inequities in the Local Crostal Plan be subjected to corrections. Also the addition of Item 3, the above is not be constructed by the Council of approval of the Local Coastal Plan draft by .the Planning Commission." The motion was seconded -by Commissioner Opperman and unanimously carried with Commissioner Hofstead being absent. (4-0-1) II. PROCESS AND PROCEDURES A. Operating Regulations - The process for preparation, review and adoption of Local Coastal Programs are governed by a set of State Coastal Commission Regulations which they were required to formulate in response to a mandate in the Coastal Act. It is common practice for an Act to call for subsequent implementing regulations. The Coastal Commission Regulations give the City an option to submit a total Local Coastal Program, or to submit the Land Use Plan and Implementing Programs (ordinances, new regulation, etc.) separately for review. In many cases local governments have chosen to first submit the Land Use Plan (realizing there could be changes that would affect implementing ordinances). The LCP-Land Use Plan is ultimately to become a part of the City's General Plan, therefore, the Coastal Commission Regulations give the City an option to formally adopt the Land Use Plan as a Coastal Element to the General Plan prior to submitting it to the State Commission for review and approval, or for the Council to adopt a "Proposed" Plan that would not become effective until it was approved by the State and returned to the City for formal General Plan adoption procedures. Partially by circumstances and partially be design, we have chosen to submit the Morro Bay LCP into parts. Also, we have chosen to defer formal adoption of the Land Use Plan as a General Plan Element until the State takes its action. This appears to be the common sense approach and the course of action many other communities have taken; realizing there may be a series of back and forth negotiations on plan contents. Therefore, the Council would be delivering to the State Commission an adopted "Proposed" Land Use Plan. • • Page 4 Teh Council has heard public testimony refering to Government Code requirements for General Plan adoption. The mentioned requirements become operational at that point in time where we actually go into General Plan hearings. Right now, for the "Proposed" Land Use Plan we follow the State Coastal Commission Regulations. B. Procedures Which Follow - If the Council determines to forward a Proposed Plan it must do so by resolution. Following the receipt of an adopted Proposed Plan, the Coastal Commission must hold public hearings on the Land Use Plan and take their action within 90 dyas, or the Plan is deemed approved. Judging from their actions on other Plans, there will probably be interpretive negotiations and the City will be conducting hearings at the Planning Commission and Council level for any changes deemed necessary to gain a final Coastal Commission approval. Then the City would be entertaining the General Plan amendment considerations which were previously mentioned. IV.. COUNCIL CONSIDERATIONS From the April decision to move forward on the Land Use Plan (and directions to prepare a second draft), we now find that the Council is in a position to deliver a Proposed Plan to the State by July 1, 1981. Staff, therefore, -believes it has fulfilled its obligation to give the Council that option. Also, Staff believes the Council's choices are still open at this point in time. A. What Is Magical About a July 1 Delivery Date? - It will take the State Commission at least three months to respond on the Proposed Plan; it could take another three months of back and forth amend- metns for final resolution of the text. Observing this, there are three subject areas to be considered more carefully: 1. If legislation occurs to return permit authority, it will be to those cities which have an approved Land Use Plan. 2. If some form of legislation is not forthcoming, the City will want to be in the best position to receive Phase III, LCP-Grant funding. Highest priority will go to those local governments which have an approved Land Use Plan by the end of the calendar year. 3. To receive the balance due on the Phase II, LCP-Grant, the City would need to have a Land Use Plan completed and approved before the end of November, 1981, to allow for billing in the following month before the close of the calendar year (otherwise the monies may be lost). B. What About Continuing On With More Proposed Plan Hearings? - This option is, of course, open tothe Council, but you would need to weigh the value of this alternative with what might be gained. The effect of this action could be as follows: • Page 5 1. Short Term Delay - A delay of one month may not be totally devastating, but it would eat into the time the City has to perfect a Land Use Plan (following State Commission action). The City could lose grant monies by the process being pushed over the calendar year mark, or other unknown complications. 2. Long Term Delay - A delay of three or more months could most probably put Morro Bay out of the picture in terms of receiving some or all of the three benefits listed in 'A' above. C. What About Council Desired Corrections, Additions, or Deletions? - If the Council elects to forward this draft Plan, it would be appropriate to instruct Staff to make any desired text and/or map changes. Changes should be specific in that the page, paragraph, or policy -is cited. The Council may also direct changes requiring additional writing, as long as the intent is clear. Staff would prepare the corresponding language and insert it into the Plan text. The Council has previously received a set of Staff typo, description and wording corrections which should be included in the adopted plan. Likewise, the Land Use Plan map has drafting corrections that will need to be made in the adopted copy. That concludes the items I wanted to cover in this memo, 'please feel free to inquire about any other points that need clarification. MC/mp • • EXHIBIT B CITY OF MORRO BAY DEPARTMENT OF PUBLIC SERVICES MEMORANDUM TO: City Administrator DATE Planning Commission City Council FROM: Environmental Engineer June 23, 1981 SUBJECT: California Department of Water Resources Response'to The Preliminary Water Management Plan The California Department of Water Resources, the agency finalizing our Water Management Plan has stated that the root of Morro Bay's present water problem is a water management problem. Recent droughts have accentuated inadequacies of the City's extraction system. Deficiencies in ability to supply water are predominately a result of well location. Well placement in close proximity to the seawater/groundwater interface, wells too close to the valley walls, shallow pumping wells and placement of wells too close to one another are among the inadequacies of the City's present water facility system. It is a fact, however, that additional water sources will be necessary to meet the City's future water demands. According to DWR, water is available to help meet our future needs. The preliminary Water Management Plan lists several possible alternatives. Not all of these alternatives will be viable, but the Department of Water Resources is currently evaluating them. Selection of recommended alternatives will not occur until quantity benefits, engineering, and environmental feasibility and economic considerations are assessed. It is a goal of the California Department of Water Resources and myself to provide a viable Water Management Plan sufficient to meet future water demands. We believe we can provide such a plan for the City of Morro Bay. AG:bkm 4 STAFF CORRECTIONS to Draft Text of the Land Use Plan Page 5, Section C, Line 1: Reword: ...alm..ost all of the entire Morro Bay city limits... Page 7, Subsection 1, Line 2. Delete Sequoia and Add Island Page 7, Subsection 1, Item a, Line 1. Delete Del Mar Park. Page 7, Subsection 2, Line 3. Add: on the north by a westerly projection of. 'the Sienna Street alignment. Page 7, Subsection 2, Item c, Line 1. Delete component and Add area Page 9, Subsection.3, Line 2. Delete Sequoia and Add Island Page 9, Subsection 3, Item a, Line'4. Change punctuation and Add: residential uses, and Del Mar Park. Page 11, Subsection 5, Item a, Line 4. Delete trailer and Add recreational vehicle Page 18, (Subsection 2), Paragraph 2, Line 1: Add COMMERCIAL/ RECREATIONAL FISHING: Page 18, Subsection 3, Line 3. Delete only Page 19, Subsection 4., Paragraph 2, Line 2. Reword: ... in the Morro and-eherre Valleys. Page 19, Subsection 4, Paragraph 2, Line 5. Add: grazing, dry and irrigated land crop production Page 20, (Subsection 5), Paragraph 2, Line 2. Add: public access and/or development due Page 25, (Subsection 2), Paragraph 3. Delete entire paragraph. Fenethe}ess;-this-Element-regrtit-as ..... Page 29, (Subsection 3), Paragraph 1, Line 8. Delete punctuation " Page 32, (Section E), Number 3, Line 3. Delete Central and Add' California Page 32, Section F, Subsection 1, Line 3. Correct typo. error:Beach Page 33, Subsection 2, Item b, Line 6. Add: for low/medium-density Page 34, Subsection 6, Item b, Lines 6-8. Delete last sentence: A-eeesta�-eeeess-grant-has-been-eyerded-ta-the-Eitp-far-the purge5e-ef-aee�r�3ring-grapertp-ens-'�eginni�g-irpredexents- • Page 2 Page 34, Subsection 7, Item b, Line 6. Add: the State Park, the Golden immediate south, in Page 36, Policy 1.07, Item a. Add: Caratan Property, AP ff 66-172-01 (Note: Policy question related to Tidelands Park Development.) Page 37, Item f, Line 1. Add: Well sites and water management facilities in the county Page 39, Item d, Line 3. Delete eastern and Add western. Page 39, Item e, Line 1. Add: vehicle collector street shall Page 40, Policy 1.19,.Item a, Line 1 Item b, Line 1. Correct typographical error: cost Page 41, Policy 1.23, Line 2. Correct typographical error: capital Page 43, Line 5. Move entire line. to follow Policy 1.33. shall be required as a condition of the permit. AREA 8 MORRO BAY STATE PARK Policy 1..34. The City shall request the State Department Page 50, Subsection 3, Paragraph 2, Line 1. Delete first sentence. �,pperdix-B-eente}ns-n3s£ter-eeunjs-€ey-the-park= Page 51, Subsection 2, Paragraph 2, Line 9. Change punctuation and Delete: are old and in need of maintenance. flew-. Page 57, Item b, Paragraph 2, Last line. Delete 1979 and Add 1981. Page 58, SOURCE: Delete Brown and Caldwell, 1981 and Add John Carollo Engineers, 1978 Page 61, (Item b), Line 2. Add: water use until recently, estimating Page 61, (Item b), Line 3. Delete 1980 and Add 1981 Page 61, (Item b), Table 4, SOURCE: Delete 1980 and Add 1981 Page 62763,.Item d, Paragraph 2; Line 6. Delete remaining paragraph after sentence: A hydrologic budget is an assessment of the inflow and outflow of water to a basin and like any budget is a step toward managing a resource. There-have-been €eys+er-sxggest}ene-t};at-Ei�arre-:-- Add after sentence: like any budget is a step toward managing a resource. There have been some reports which zero for s e added for seawater. outflow, and wou seawater intrusi s were true how a value ire a posit ow to allow U Page 3 a balance between inflow and outflow. The Preliminary Water Management Plan, however, shows values for subsur- face outflow of 2,090 acre-feet per year for Chorro Creel Basin and 3,400 acre-feet per year for Morro Creek Basin, Therefore, it must be concluded that seawater intrusion . is not occurring nor has it occurred in the past. An AAAii-innal wii-hrl anwal of ahnnt S; c;n(1 arra-faot nor uanr on wat qualit (TDS) within water. and Mo of the catego dis f ro Cre ner tool us rusion is w quality ana s good. Ex o Creex Basin are att ater and all the well ze the groundwater as roundwater is attribu ns within the basin a lessen these values e not so hard, blending with storm waters by e the possibility of sea - investigations.. Based ears that groundwater total dissolved solids ncentrations all fall iteria for drinking the Chorro Creek Basin table to the total hardne ow concentrations which y hard. The hardness to natural geologic e tnat can De tion of water has always met standards set loride concentrations that may be due to wastewater on of the Chorro Basin and/o waters of San Bernardo undwater. In addition, increases beyond standards set for chlorides occurred on numerous occasions in the Morro Creek Basin during the past drought. These increases occurred in wells located near the coast during heavy pumping. These increases appear to be due to upconing of saline water, not seawater intrusion. Upconing of seawater occurs as a result of seawater, naturally underlying a groundwater basin, being drawn up by a heavily pumped well in a groundwater basin where water levels have dropped. In an upconing situation, seawater_ does not move inland to occupy an area once occupied by fresh groundwater as occurs in a seawater intrusion situation. Page 67, Line 3. Correct typographical error: both Page 67, Alternate Additions of Water Source, Number 1, Line 1. Reword: 'Implement proposed wastewater reclamation... Page 68, Summary of Long -Term Yield. Delete entire paragraph Page 68, Last line. Add: 13,500 person build -out water demand even during extreme droughts. Page 70, Table 7, Title. Delete SUMMARY OF PROJECTED WASTEWATER FLOWS Add: SUMMARY OF PROJECTED WASTEWATER FLOWS FOR MORRO BAY/ CAYUCOS water qu ncreases .rought p eastern Page 4 Page 70, Table 7, SOURCE. Delete Brown and Caldwell, 1980 `'Add John Carollo Engineers, 1978 Page 70, Table 7, Total Population. Delete population figure for each year. These projected populations are no longer applicable. Page 70, Table 8, SOURCE. Delete Brown and Caldwell Add City Calculations Page 105, Section A, Paragraph 1, Lines 5-8. Reword to read: amount -of acreage that is in agricultural use. Agricultural uses are primarily within and beyond the City's Urban Reserve line and under county jurisdiction. The City has no jurisdiction'over the land uses beyond its city limits but does have a... Page 105, Section A, Paragraph 2, Line 8. Add: the City which have interim agricultural Page 107, Section C, Subsection I,' Paragraph 4, Line 2. Add: it has not been consistently cultivated Page 118, Paragraph 4, Lines 4-10. Delete following first sentence: give priority to commercial fi hing. As -identified -in -the Sherei}ne-ieeess-end-Reereatien-E�iapte^;-fntnre-barber deve=epment-aieng-Eeieman-Br}ve-de:an-te-Beaek-Street-and aieng-9iaeiands-Par3e;-Hill-be-designated-€er-cammerieal f3s�:ing-aru-spertgishing---8ther-gr#Hate-marina-deveiapment eaiti�}t-ti:e-harbor;-Werth-a=-tke-grepesed-Stee3E3ng-Harina; shea?d-pye�i3e-si3ps-ta-eemmereiai-fishing-beats-as-de€3ned by-the-E_t;ls-erd3nenee- Page 125, Section E, Subsection 1, Line 3. Correct typographical error,- this Page 130, Paragraph 2, Line 3. Delete paper Add Chapter. Page 1_30, Section C, Subsection 1, Paragraph 5, Line 2. .Add Federal Flood Insurance program which prompted Page 131, Number .5, Line 2. Correct typographical error: during Page 131, Paragraph 8, Line 6. Delete: As yet, however, there is are no city Page 141, Line 3. Change punctuation and Add: adopted by reference into the LCP-Land Use Plan. Page 180, Policy 12.04, Line 3. Correct typographical error: specifically Page 180, Policy 12.04, Line 5. Delete ..following block views 6 r' • MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation - Rev. Donald G. Carey, United Presbyterian Church A. CONSENT CALENDAR A-1 Request to extend contract for Dial-A=Ride Operation Contract for three months and authorize staff to request proposals for operation during fiscal year 1981-82. A-2 Contingency transfer for costs of June 2, 1981 Special Election. A-3 Expenditure Report for May, 1981. B. UNFINISHED BUSINESS B-1 Resolution charging a fee to persons when they are transported to the hospital by the Fire Department. B-2 Overnight camping problem. B-3 Contract with Bay Ambulance Service. B-4 Consideration of fiscal year 1981-82 budget. C. PUBLIC HEARINGS, REPORTS & APPEARANCES C-1 Morro Avenue Extension - Tidelands Park. Area. C-2 Manual Romeiro appeal of Planning Commission decision for setback variance on 219 Marina Street.. C-3 Proposed sewer rate adjustment. C-4 Proposed water rate adjustment. C-5 Request for relief of hardship in the operation of Hittle's Landing Sportfishing and commercial fishing operation. C-6 Ordinance No. 206, An ordinance to amend Section 2.44.010 of the Morro Bay Municipal Code, authorizing an amendment to the contract between the City of Morro Bay and the Board of Administration of the California Public Employees' Retirement System. C-7 Request of J. Kirth to sublease Lease Site 16 to Karla Necessary (Ship's Store Deli). D. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION D-1 City Council D-2 City Attorney D-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 RECREATION HALL, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:40 PM. The Pledge of Allegiance was given by Horace Strong, representing all veterans and the invocation was given by Ernie Miller, resident of Morro Bay. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bernie Zerr, Fire Chief- , Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Request to extend contract for Dial= A -Ride Operation Contract for three months and authorize staff to request proposals for operation during fiscal year 1981-82. A-2 Contingency transfer for costs of June 2, 1981 Special Election. A.-3 Expenditure Report for May, 1981. 0 Mr. Baxter read the Consent Calendar to the Council and members of the public present. MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar which was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. B. UNFINISHED BUSINESS B-1 RESOLUTION CHARGING A FEE TO PERSONS WHEN THEY ARE TRANSPORTED TO THE Chief Zerr has prepared a resolution and report to itemize for Council the approximate costs relating to the Department's transportation of patients to the hospital when local ambulance service is unavailable. Council had approved this service earlier in concept but had requested that the Chief prepare a resolution which took into account the full costs of performing this service, which is'estimated at $100. This figure would, however, be revised periodically to reflect the full costs. This service would not be 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 Page Two available until January,.1982 to allow for all equipment to be functional and the personnel trained properly. Mayor Pro-Tem Lemons asked if this proposed service had been budgeted in the fiscal year 1981-82 budget. Chief Zerr explained that this had not been currently budgeted but the Council could add this to the proposed budget. MOTION: Mayor Pro-Tem Lemons requested that this matter be held until the discussion of the budget and a determination made at that time. This was seconded by Councilwoman Ward and so carried. B-2 OVERNIGHT CAMPING PROBLEM. The proposed solution to the overflow camping problem in the city, as proposed by the committee, has been found to be prohibited by an ordinance for parking at Morro Rock. Therefore, the committee is recommending that until a private enterprise can handle this problem that the city utilize Lila Keiser Park from the hours of 11:00 PM to 7:00 AM for overnight parking only. Chief Olson mentioned that the same rationale would exist as reported by the committee for this location. The signs in the city will be changed to reflect the current violation and also to indicate the overnight parking location for overflow use only. The same party will not be allowed to stay at this location for more than one night. Mayor Pro-Tem Lemons felt that the city is not in a campground business. If the city were to provide overflow parking this summer, he was concerned that the word of this would spread and next summer the city would be faced with double the amount of people. Mr. Baxter added that no additional water or sewer hookups will be allowed for this purpose according to the Coastal Commission and a letter to this effect' is forthcoming. MOTION: Councilwoman Ward moved for the adoption of staff's recommendation to use Lila Keiser Park as an overflow parking area during the summer months and specified holiday weekends only and charge $7.50. This was seconded by Councilman Anderson and on.a roll call vote passed (Anderson - yes; Deutsch - yes; Dorn - no; Lemons - no; Ward - yes). MOTION:. Councilwoman Ward moved that Ordinance 203 be read by title only. This was seconded by Councilman Anderson and carried unanimously by roll call vote. Mr. Baxter read Ordinance 203 by title only - "An Ordinance Amending Section 8.24.010 of the Morro Bay Municipal Code." MOTION: Councilwoman Ward moved that this constitutes the first reading of Ordinance No. 203, which was seconded by Councilman Anderson. This motion passed on a roll call vote with Anderson - yes, Deutsch - no, Dorn - no, Lemons - yes, and Ward - yes. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 Page Three B-3 CONTRACT WITH BAY AMBULANCE SERVICE Mr. Barker had submitted a letter requesting that Council approve an increased rate structure over a rate currently authorized and that the City waive the audit requirements that had been previously placed on the Company. He also requested that the City continue paying their share of the subsidy for Bay Ambulance's operation in the City of Morro Bay. It is staff's position that given the amount of money that is involved for expenses to local citizens utilizing this service and since the company is requesting a continued subsidy payment for service to the Morro Bay area, it would be in the best interests of the City to go to competitive bid for ambulance services. At such time as bids are received, the City would be in a better position to evaluate costs and also determine whether or not a future audit and subsidy would be necessary depending on the outcome of the bids. According to Mr. Barker Bay Ambulance has been in the area for the past nine years. He felt that a subsidy in this area is needed since the number of calls is lower in this area than other service areas. Mayor Pro-Tem Lemons asked for a clarification of the time frame if the Council did choose to go to bid on this item. Mr. Baxter stated that staff would prepare and send out RFP and bring the matter back to Council in 45 days. One of the main reasons for staff's request to go out to bid is that no other ambulance service in the County receives a subsidy. MOTION: Councilwoman Deutsch moved to accept staff's recommendation to go out to bid for ambulance service in the City. This was seconded by Councilman Anderson and passed with a majority vote on roll call with Mayor Pro-Tem Lemons voting no. B-4 CONSIDERATION OF FISCAL YEAR 1981-82 BUDGET. Mayor Pro-Tem Lemons suggested that this item be heard after the water and sewer rates. PUBLIC HEARINGS, REPORTS a APPEARANCES C-1 MORRO AVENUE EXTENSION - TIDELANDS PARK AREA. The Planning Commission met on June 15, 1981 to hear this matter and voted 4-0 that the Morro Avenue Extension be deleted from consideration of the Tidelands Park Project and that Council re-examine the park project itself. A number of observations should be made prior to Council determination of this matter: (1) That deletion of the Morro Avenue entrance to the Tidelands Park area will require a change in the Local Coastal Program; (2) That local concerns for having the neighborhood remain relatively free of traffic and available for public access might suggest a zoning density for the area should be reduced to R-1, which would thereby address the concerns of the neighborhood; (3) That elimination of the Caratan parcel from the Park would no longer necessitate a park development paralleling the Caratan parcel on the waterfront, which would, therefore, suggest that the waterfront area could be developed for commercial purposes; (4) That a scaled down version of the Tidelands Park be considered in light of the limitations on the amount of property available. MINUTES - MORRO BAY CITYCOUNCIL • REGULAR MEETING - JUNE 22, 1981 Page Four The issue before the Council, as pointed out by Mr. LeSage, was whether or not Morro Avenue should be extended. The City has settled with all the other owners except Caratan. Councilwoman Ward asked for confirmation that there will be no commercial development from the Olive Street parkway to the south. This is correct according to Mr. Baxter. Councilman Anderson stated that a lot of the people opposed the idea since they like the bluff. As a nearby property owner to the affected area and as a representative of the Caratans, Charles Ogle stated he strongly opposed extending Morro Avenue. If the property in question is to be acquired, it would have to be done through a condemnation suit and the grant money now available would not be adequate. He also felt that the way not to settle with the final property owners in the Tide- lands Suite would be to condemn this property. The property owners who have settled in the dispute have the right to voice their dissatisfaction in the proposed extension. People can be in favor of the Tidelands Park but still be strongly opposed to the.Morro Avenue Extension. Mr. Ogle further commented that it had never been proven to him that the proposed Tidelands Park would be any less efficient by not having the Embarcadero as the entrance to the Park. Mayor Dorn asked if anyone came to speak in favor of the Morro Avenue Extension. Bill Morley wanted some assurance that the Tidelands Park idea would not be dropped as this proposed plan has been in the master plan for some time. MOTION: Councilman Anderson.moved for the closing of the public hearing on the proposed Morro Avenue Extension. This was seconded by Councilwoman Deutsch and so carried. MOTION: Councilwoman Deutsch moved that the Council drop proposed condemnation of the Caratan parcel without prejudice and extension of Morro Avenue. This was seconded by Mayor Dorn and so carried. Councilman Anderson stated that the monies allocated for the purchase of the Caratan property from the Conservancy will be lost. The monies cannot be used for¢any other purpose. MOTION: Mayor Pro-Tem Lemons moved that the proposed extension of Morro Avenue be deleted from the Tidelands Park Plan. This was seconded by Council- woman Ward and carried unanimously by roll call vote. A brief recess was called at 9:15 PM and the meeting reconvened at 9:20 PM. C-2 MANUAL ROMEIRO APPEAL OF PLANNING ISION FOR The Planning Commission met to consider this matter on May 4, 1981. At that time the Planning Commission denied applicant'.s request for a variance, which has been appealed to the Council. Mr. Laurie, the contractor, is requesting an 0 • MINUTES - MORRO REGULAR MEETING Page Five BAY CITY COUNCIL - JUNE 22, 1981 of a variance which would allow an eight foot front yard setback rather than the required 15 feet in an R-4 zone. Staff recommends,that barring any actual changes in the information received that Council adopt a resolution announcing findings and upholding the decision of the Planning Commission denying a front yard setback. The meeting was opened for public comment. Ernie Miller stated that most of the homes on Marina Street have an eight.foot set- back variance and two of the homes are new. The homes on this street have an approximate life expectancy of 15 years. He didn't feel that since this is an R-4 zone that a 15 foot setback is needed as the street is 80 feet wide. The applicant is proposing to build a tri-plex in three phases according to Mr. Crump. The zoning in this area is R-4 and the existing single family dwellings in the area have a legal but non -conforming status. At such time as any redevelopment occurs in this area, it would be in accordance with the regulations. Mr. LeSage read the section of the Municipal Code that applies to this matter to the Council. MOTION: Mayor Pro-Tem Lemons moved to close the public hearing on this matter This was seconded by Councilwoman Deutsch and.so carried. MOTION: Councilwoman Deutsch moved that Council grant a setback variance to Manual Romeiro which would allow him a setback variance of 8 feet instead of the required 15 feet. This was seconded by Councilwoman Ward and on roll call vote passed with Councilman Anderson and Mayor Pro-Tem Lemons voting no. A findings of fact was stated that all the other structures in the neighborhood have an eight foot setback. MOTION: Councilwoman Deutsch moved that this variance be granted because all of the other houses do not have a setback of 15 feet and their life expectancy would be 25 years and this would be equal treatment under the law. This was seconded by Councilwoman Ward and on roll call vote passed with Councilman Anderson and Mayor Pro-Tem Lemons voting no. C-5 REQUEST FOR RELIEF OF HARDSHIP IN THE OPERATION OF HITTLE'S LANDING City staff has received a request from Hittle's Landing to (1) utilize street end water space at the end of Driftwood and (2) require the city to uniformily apply rafting policy to not only Hittle's Landing but also to the Morro Bay Yacht Club. This request has been reviewed by the Department of Public Services and the City's Building Inspector. The Public Services Director feels that there could be some arrangement which might be agreeable to the Hittle's. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING'- JUNE 22, 1981 Page Six However, it must be understood that the difficulty that the Hittle's are in has been largely brought upon by their own actions. In the spirit of compromise, the Director of Public Services recommends that (1) Hittle be directed to obtain a lease from Mrs. Shirley Rogers for use of a second dock, (2) that Hittle be allowed to extend their existing dock 20 feet into the street end and that such construction be in strict conformance with City codes and standards, (3) that Hittle be allowed to tie only one boat to their dock at any one time except for emergencies, and (4) that the City require the Yacht Club to remove their dock back to .the center line on the street (as close as practical) to allow for adequate skiff traffic in this area. Staff is recommending that Council adopt the Director of Public Services recommendations and direct their.staff to implement the compromises as so outlined. Bob Hittle stated that he has previously done business with Mrs. Rogers and felt very uncertain as to the possibility of an amicable working arrangement. He felt that if the City could look at the situation, a solution could be found. At times during the season, the Hittle's operation is running 24 hours day. The inability to utilize their own dock and tie up to a mooring has created damage from other boats, theft, etc. Mr. Hittle stated that their business on the site as it presently exists is not ideal. Mr. Bressan outlined his proposal again and also mentioned that the Morro Bay Yacht Club has an agreement with the City to provide dockage space to transient ships. - - - — -- -- --- -- - - - M1IOTION: Councilwoman- - Deutsch moved�to accept staffs recommendation and instruct staff to work with the Hittle's to arrive at an amicable solution within 30 days. This was seconded by Mayor Dorn and passed by roll call vote with Councilman Anderson voting no. Councilman Anderson expressed his concern that by allowing the lease site to use the street end will create a'precedent which the City should not establish. C-6 . Earlier, Council approvedin concept the change in City participation in the Public Employees' Retirement System pool by. adopting a resolution of intent. Such application has now been made to the State and as part of .the application procedures the attached ordinance must be adopted by Council to enact the changes as previously outlined. MOTION: Councilwoman Deutsch moved that Ordinance No. 206 be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read Ordinance No. 206 by title only - "An Ordinance•to amend Section 2.44.010 of the Morro Bay Municipal Code, authorizing an amendment to the contract between the City of Morro Bay and the Board of Administration of the California Public Employees' Retirement, System." MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 Page Seven MOTION: Mayor Pro-Tem Lemons moved for the approval of Ordinance 206 and that this constitutes the first reading. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C-7 REOUEST OF J. KIRTH TO SUBLEASE SITE 16 TO KARLA NECESSARY. This is a request to transfer leases from the current sublessee to a new sub- lessee (from Larry and Patricia DeGarimore to Karla Necessary) effective July 1, 1981. Sublessee. proposes to keep the business intact as currently operating and that no change in use is being requested. Staff recommends approval of the transfer of sublessee as requested. MOTION: Mayor Pro-Tem Lemons moved for the approval of the sublease of Lease Site 16 to Karla Necessary subject to Mr. LeSage's review of the lease, that the new uses are in conformance, and that the lease is current. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION D-1 CITY PROTEST OF APPLICATION TO APPROPRIATE WATER FOR MORRO CREEK RANCH. The Environmental Engineer for the City has submitted a memo which outlines the details of an application to appropriate 386 acre feet of water from Morro Creek from March 1 to September 1, 1982. This appropriation should be protested and the Environmental Engineer recommends that Council, by minute action, protest this appropriation and authorize staff to file a protest as well as a hydrologic opinion from Brown and Caldwell on or before July 15, 1981. MOTION: Mayor Pro-Tem Lemons moved to protest the appropriation of water from Morro Creek and authorize staff to file a protest as well as a hydrologic opinion from Brown and Caldwell on or before July 15, 1981. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C-3 PROPOSED SEWER RATE ADJUSTMENT. Staff is bringing this to Council due to the adverse financial position of the Wastewater Treatment, Plant fund. Not only has the fund operated for some time at a deficit position, but the funding differences are increasing quite rapidly since there have been no fee adjustments which would take into account the increased costs for the Wastewater Treatment Plant. Upon receipt of funds from the Environmental Protection Agency to bring the plant up to standards, the City requested information from the consulting engineers as to the requirements for the revenues to fund a new plant. The State Water Resources Control Board revenue program guidelines require that at a minimum the City establish user charges to recover the annual cost of operation, maintenance, and replacement costs. Such charges must recover the costs from each user or user class in direct proportion to the burdens imposed upon the Wastewater system by each user or user class. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22', 1981 Page Eight Brown and Caldwell has submitted to Council a fee schedule which would establish the following: single family and equivalent 1981-82 - $4.00/month, 1982-83 - $6,00/month, 1983-84 - $8.00/month, 1984-85 - $11.00/month. Special rate/cf 1981-82 - .55, 1982-83 - .82, 1983-84 - 1.10, 1984-85 - 1.50. Without changing the user fees, there is no viable or alternate revenue source which could support the Wastewater Treatment Plant's operation. The meeting.was opened for public comment. Katherine MCWill"iams felt that the charges were unwarranted and that other services in the City needed to be addressed rather than this item. The user must be charged for the actual cost of the service stated Councilwoman Deutsch. The City must also set up a reserve to replace the plant in a number of years. Howard Gaines felt that the fees should be done on a uniform basis with all depart- ments. A pay as you go attitude should be adopted. Mayor Pro-Tem Lemons reviewed the chart for everyone's benefit on the Sewer and application of Treatment Plant funds. Jim Ross felt that the Council should have increased the fees a long time ago as Morro Bay is the lowest in the County. Mayor Pro-Tem Lemons asked if the City has any sewer users who, by virtue of either quality or quantity of'effluent fall in a different category than the special rate being recommended by Brown & Caldwell.. Mr. Bressan stated that there are no accounts that would need a special rate due to quantity but we may need to establish more categories in this special rate. At the present time the City does not have a special rate for quality. Bruce Risley asked when these special rates would be put into effect. Mr. Baxter stated that the matter would be brought.back for a public hearing on July 13 and if accepted the rates would go into effect shortly thereafter. MOTION: Councilwoman Deutsch moved to accept staff's recommendation to set this matter for hearing at the July 13 meeting and that such fees be reviewed on an annual basis to determine if they meet or exceed our needs. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C-4 PROPOSED WATER RATE ADJUSTMENT Staff projects a deficit of approximately $460,000 to operate the City's water system. Further, this deficit will increase to approximately $717,000 by 1985-86 if no adjustments are made in the fees. A recommendation for a proposed water rate adjustment is being submitted based upon the current level of service for operation and maintenance of the system, capital replacement, limited growth of the City over the next few years, and assuming that the average customer uses 1,350 cubic feet per year. The meeting was opened for public comment. • 6 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 Page Nine Mr. Bressan went over the breakeven points for two, three and four year periods. The user fees are set on the amount of water used.* Mayor Pro-Tem Lemons suggested that if the minimum charge were lowered, it would encourage water conservation practices. Howard Gaines felt that costs charged should reflect the true costs of the water system. MOTION: Councilwoman Deutsch moved that the public hearing on water fees be closed. This was seconded by Mayor Dorn and so carried. Councilwoman Ward suggested that user fees be increased from $.75 to $1.00 and the reconnection charge to reflect the salary required and the availability charge to 1500. She hoped that the City would be able to establish a breakeven point sooner than the five years recommended. Mayor Pro-Tem Lemons stated that the Coastal Commission staff would welcome a rate to aid in water conservation which would help in our efforts to keep water for our community and generate revenues. MOTION: Councilwoman Ward, moved that the City raise the user fees from $.75 to $1.00, the breakeven point be realized in three years, and staff bring a resolution back to Council regarding this. This motion died for lack of a second. Mayor Pro-Tem Lemons felt that if the breakeven point could be realized by 1984-85, the general fund would be in a Wetter financial position. MOTION: Mayor Pro-Tem Lemons moved that this matter be set for a public hearing at the next regular Council Meeting with published rates for the public review and a breakeven point realized in four years.. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. There was a brief recess at 11:15 PM and the meeting reconvened at 11:25 PM. It was suggested by Mayor Dorn that this meeting be adjourned to next Monday to discuss the budget, which was agreed to by all An executive session was called to discuss meet and confer. The meeting was adjourned into executive session at 11:30 PM. 'The meeting was reconvened at 11:45 PM. MOTION: Councilwoman Deutsch moved for the approval of the Police Association two-year agreement. This was.seconded by Mayor,,Dorn and carried unanimously by; roll•,call' vote. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1981 Page Ten MOTION: Mayor Pro-Tem Lemons moved for the adjournment of this meeting to June 25, 1981 to discuss the LCP and then to June 29, 1981 to discuss the budget review. Both meetings will be held in the Recreation Hall. This was seconded by Councilwoman Deutsch and so carried. The meeting was adjourned at 11:50 PM. Respectfully submitted, 4 y Bonita Murra Deputy City Clerk 6 • MINUTES - MORRO BAY PLANNING COMMISSION AND CITY COUNCIL ADJOURNED MEETING - June 19, 1981 Morro Bay Recreation Hall . I. CALL TO ORDER The Special meeting of the Morro Bay Planning Commission and the City Council was called to order by Mayor Warren Dorn and Chairman Bruce Elster at 6:00 PM. II. .PLEDGE The Pledge of Allegiance was led by Paul Baxter, City Administrator. III. ROLL CALL PRESENT: Councilman Deutsch, Lemons, Ward and Mayor Dorn Commissioner Cunningham, Opperman, Paul and Chairman Elster ABSENT: Councilman Anderson and Commissioner Holstead. STAFF: Paul Baxter, City Administrator Murrel Crump, Planning and Community Development Director Nellie Cecil, Community Development Secretary Bonita Murray, Deputy City Clerk IV. PUBLIC HEARING Local Coastal Program - Draft Land Use. Mayor Dorn stated this meeting was being held for the purpose of receiving public comment and testimony. He explained the procedure for the conduct of the meeting, noting that speaker cards should be submitted. Mayor Dorn opened the hearing to the public. Kathryn Williams stated she was addressing the property known as South Morro Highlands. Mrs. Williams stated she felt there should be a commercial designation on this property especially where the intersection of Highway One and Morro Bay Boulevard, on the north side of the freeway. Mrs. Williams stated she would like to see the urban reserve line returned to the original position. Merrell Williams stated he would like to see this property known as South Morro Highlands controlled by the City and the urban reserve line moved back where it was originally. Ann Udell, spoke on behalf of the merchants committee in Morro Bay and as a business person herself. She stated they were basically in support of the draft Local Coastal Plan. She stated the Visitor -Serving Policies were very important to the City of Morro Bay, particularly Policy 2.04 with regard to City promotion. Mrs. Udell stated there was a need for light industry, particularly in Area One, and felt this would provide a commercial base for taxes within the City. MINUTES - MORRO BAY PLANNING•MMISSION/CITY COUNCIL • Adjourned Meeting - June 19, 1981 Page Three stated Policy 10.06 was the most important policy to the people of Morro Bay under existing economic conditions and should be strengthened through rewriting. Mr. Risley also noted Policy 10.11 is extremely important to the people of Morro Bay. Gene Shelton stated he was against the extension of Highway 41 to the _- Embarcadero and felt this section in the draft LCP should be excluded. He also requested the return of the lateral public access dedication at the Chevron Pier prior to Chevron receiving any new development permits. Mr. Shelton objected to the exclusion of the.Morro Avenue alighment to the south Embarcadero as this would have a significant positive impact on the circulation impact. Martin Polin stated the. map showed his property had been downgraded from commercial to residential low density, but was satisfied to learn this had been a draftsman's error and his property was still considered C-1. Elizabeth Fisher stated she felt the sphere of influence line should remain contiguous with the existing City boundary, with the exception of one parcel located in the vicinity of Nutmeg Avenue. Victor Montgomery stated he was speaking on behalf of V.R.M. partnership and the Cabrillo/Nagano property, and were commenting on the "cloisters" parcel., the V.R.M. property and the Cabrillo property. Mr. Montgomery referred to Page 25, Section B-2. The City should seriously weigh the benefits derived from a separated pedestrian overcrossing in comparison to the potential visual impacts of such a structure. Page 39 - Policy 1.13-e. This policy calls for the provision of a North/South collector street connecting Highway 41 and Asure Street through the V.R.M. property. He felt this traffic pattern could more easily be accomplished by connection of North/South collector directly to Highway One at the existing 54th Street right-of-way. Page 72 - Policies 3.01 and 3.02 - V.R.M. has offered the City an opportunity to work toward accomplishment of goals stated on page 67 and 68. The resolution of this planning may result in allocation of water for development of the cloisters/V.R.M. property which would be low/medium density residential in an infill situation, as well as creating a source of water supply available for allocation to other uses. Page 110. Agricultural Issues. The P. D. designation would provide the best means of ensuring the establishment of a stable condition for agriculture on the Cabrillo/Nagano properties. Page 110 - Policy 5.01. This policy should be rewritten to provide greater flexibility for timing the planning of this property and allow for wider variation of goals for planning. Page 110 - Policy 5.03. This policy should provide for comprehensive planning for property inside the City limits and in the County based upon ownership or other rational boundaries, annexation should not be a prerequisite to implementation of planning. Page 142. Policy 9.05d. The last sentence of this policy appears to be a mandate for onsite retention/detention. Page 169 —Area 2a. The eucalyptus trees on the cloisters parcel are not "unique". Page 169 - Policy 12.04. This policy should be rewritten to place emphasis on the preservation of a major view corridor(s) and pleasing roof scape. Page 180 - Policy 15.03. The designation of the Cabrillo Property inside the City limits and the emphasis placed upon comprehensive OINUTES - MORRO BAY PLANNINGOMMISSION/ CITY COUNCIL • Adjourned Meeting - June 19, 1981 Page Five Mr. Willard McGonagill was concerned with the notice of hearing for this meeting and cited the government code which deals with this matter. Ernie Miller thanked the committee who worked on this plan and felt that they had done a fine job. Louis Domenghini felt that the staff had done an excellent job of putting this .draft together. He felt that a good water management plan had been included in the draft -and that there is ample water for everyone if it is managed correctly. Vic Montgomery, representing VRM, stated that there are two more meetings to be held to consider this plan. He didn't feel there was any constraint on the City regarding the technicality of this meeting. He felt that the next two meetings.would give the public another opportunity to talk before the Council or Planning Commission. Bruce Risley stated that the draft LCP has the date of June, 1981 and stated that this draft was in the process of preparation on June 2 when the Special Election occurred. He felt that Measure D is not contained in the document and -would like it referenced since it had been passed by the electors of the City. In response to.a question concerning further hearing procedures, Mr. Crump stated that in any public hearing there are two parts: the public comments portion and the deliberation portion held by the body. At this particular public hearing, he stated that the public had the opportunity to address both bodies. Mr. Giannini and Mr. Risley asked that. Measure D be spelled out completely in the final LCP. Howard Gaines asked why the management of the waterfront leases and the rentals were not incorporated in the LCP. Gene Shelton suggested that this document have a final document review before the public prior to submission to the Coastal Commission. This would allow the public to see what comments were/were not incorporated in the final LCP. Willard McGonagill asked if public comment and/or testimony would be allowed at the Planning Commission Meeting. Chairman Elster stated that the public would be able to comment at their meeting of June 23. Councilwoman Deutsch encouraged the public to turn in all of their written comments and any solutions to problems. She felt if there are any major changes that the Council may ask the Planning Commission to give recommenda- tions and to see, as a body, whether it is acceptable as a final draft. Katherine Williams asked if an overpass on Highway One could be included in the draft plan to allow school children and people at large to cross the highway. MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 RECREATION HALL, 7:30 PM Mayor Warren M. Dorn called the meeting to order at 7:30 PM. Mr. Horace Strong, representing all veterans, led the pledge of allegiance and Rev. Charles Erickson of St. Peters By the Sea Eposcopal Church gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator John Bressan, Director of Public Services Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk PUBLIC COMMENT Mr. Lloyd Whaley handed out a resolution for the Council to consider for adoption relating to the nets used by the commercial fishing fleet. They would like to have a standard ruling on the size of nets and not confusing standards as it now exists. MOTION: Councilman Anderson moved for the adoption of the Resolution Requesting the State of California Department of Fish and Game to Cease Harassment of the Morro Bay Commercial Fishing Fleet. This was seconded by Mayor Pro-Tem Lemons and so carried. Bruce Risley, President of the Citizens Action League, stated that their organization considers the fisherman to be an endangered species and would urge the City Council to do everything possible to support the fishermen. Katherine McWilliams stated that the voters of Morro Bay have just recently voted on Measures A-D and gave the Council a no confidence vote. She disagreed with the principles of this Council. Howard Gaines asked that Item A-3 on the agenda be read aloud and would like the matter of Measure C concerning mandatory garbage collection discussed. Jim Ross felt that the Council has been doing a good job and have just recently received passage from the Coastal Commission of the six boat slips. He felt that the Council deserved a vote of confidence. MINUTES,- MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 Page Two A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for May, 1981. A-2 Resolution Commending Wayne H. Hoereth on His Job as City Administrator for Pismo Beach. A-3 Acceptance of Letter from Iry Peterson on Commercial Garbage Pick -Up in the City of Morro Bay. A-4 Resolution Authorizing Director of Public Services to Apply for Section 18 Transportation Funds and Sign All Related Documents on Behalf of the City. A-5 Council Determination Relating to Army Corps of Engineers Responsibility for Repair of Bay Revetment. A-6 Rese�ut4ep-Regard4mg-Trapspertat4ep-a€-Pat4epts-By-The-Mo rre-Bay-F4re- Department. A-7 Claim of Marion A. Munson vs. City of Morro Bay. Deny claim on the advise of insurance carrier. Mr. Baxter read the Consent Calendar to the Council and the members of the public present. The letter on A-3 was read in full to the audience. Howard Gaines felt that Item A-3 opened the question of garbage up to the general public and wanted to know what the Council was going to do on this matter since it had just recently passed at the last election. The Council felt that this matter would be brought up at a later date and ruled Mr. Gaines out of order. Item A-4. Mayor Pro-Tem Lemons asked that the resolution be reworded to state that Mr. Bressan would sign only the documents relating to the replacement of the two Dial -A -Ride buses, which will be done. Item A-5. Mayor Pro-Tem Lemons asked Mr. Bressan to elaborate on what services the Corps of Engineers would like to be relieved, which Mr. Bressan did. MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar as amended. This was seconded by Councilman Anderson and carried unanimously by roll call vote with Mayor Dorn abstaining on Item A-3. B. ' NEW BUSINESS B-1 CANVASS OF.VOTE - JUNE 2, 1981 ELECTION. Mr. Baxter stated that according to the Election Code a canvass of the results must be completed. The Deputy City Clerk has performed the canvass and it confirms the unofficial results of the June 2 Election. Staff would recommend that Council approve the resolution confirming the results of the June 2, 1981 Special Municipal Election. MOTION: Mayor Pro-Tem Lemons moved for the adoption of the resolution confirming the results of the June 2, 1981-Special Municipal Election. This was seconded by Councilman Anderson and carried unanimously by roll call vote. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 Page Three B-2 PROPOSED SUPPORT OF SB 1023 (MELLO). WHICH WOULD RAISE Mr. Baxter stated that Senator Mello is sponsoring legislation which would raise the force account limits for cities from $4,000 per project to $15,000. He is requesting that Council review the concept of his legislation and would appreciate any support Council would have regarding the matter. Such legislation would enable the City to perform a greater variety of tasks and allow staff to have a broader range of flexibility regarding performance of work. John Bressan gave an example of where the force account would be used such as new construction or the storm drain project which currently limits the City to $4,000 or under and includes the rental costs of equipment, labor, overhead and crew costs. Howard Gaines stated that an amendment to this had been introduced and suggested that a requirement be added whereby if there is a conflict of interest by a member of Council or a public employe that the old limitation apply - $4,000. Itt s the co ensu of the entire Council that this matter be :referred back to sta� for fur��ier s udy. - B-3 SELECTION OF INDEPENDENT AUDITING FIRM FOR YEAR ENDING JUNE 30, 1981. Mr. Baxter stated that the City is required to have an annual audit performed. The scope of the work would be to review all transactions through June 30, 1981. Three proposals have been received. Mr. Sibbach stated that the City went out to bid earlier this year in order to obtain a broader selection of auditors. However, only three proposals were received. Mr. Sibbach went over all three proposals briefly. He recommended hiring the firm from San Luis Obispo since they are geographically closer and the added cost would be well spent. MOTION: Councilwoman Deutsch moved that the Finance Director negotiate a contract with Glenn, Burdette, Schuetze and Booker of San Luis Obispo to perform the City's audit for fiscal year 1980-81. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B-4 REQUEST.OF ROY AND ETHEL LATHAM FOR CITY TO ABANDON THE DEAD-END STUB OF LALOMA BETWEEN 119n RAIRnA ANn Tuf CTATF DART( Mn Mr. Baxter stated that the Latham's had requested that this matter appear on the Council agenda. Although the Latham's have indicated they have discussed the matter with both the Planning and Public Services Departments, Mr. Baxter stated he had not received a recommendation from either department regarding the matter. Given the proximity to State Park Land, Mr. Baxter felt it would be necessary for the City to contact the legal division of State Lands to determine the States' position regarding any abandonment proceedings. The Latham's had no objection to staff's recommendation. MOTION: Councilwoman Deutsch moved that staff check with the legal division of the State Lands before further proceedings with abandonment of a portion of�LaLoma.; This was seconded by Councilwoman Ward and carried unanimously by roll call vote. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 Page Four B-5 PROPOSED SUPPORT OF LOCAL GOVERNMENT FINANCE Mr. Baxter stated that the League of California Cities has notified our City that the State government is at the verge of resolving their budget and such action would result in the city losing between $92,000-$132,000 as proposed. This would be a permanent reduction in what the City had been receiving as part of the general fund revenues. Any loss would be a permanent loss. The League is requesting that Council go on record in opposition to SB 102. MOTION: Councilwoman Ward moved that Council go on record in opposition to SB 102. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B-6 REQUEST TO GO TO BID FOR CITY PROMOTION SERVICES. Mr. Baxter stated that the current contract with the Chamber of Commerce will expire on June 30, 1981. Staff would like to request permission to go out to bid for city promotion services in accordance with the terms and specifications in Measure A and report such bid results back to Council by your first meeting in July with a recommendation for award of the bid. MOTION: Councilwoman Deutsch moved that the City Administrator be allowed to go out to bid for the community promotion services in accordance with the terms and specifications of Measure A. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C. PUBLIC HEARINGS, REPORTS AND APPEARANCES C-1 ADOPTION OF NEW FEE SCHEDULE FOR CITY BUILDINGS. Mr. Baxter stated that this is the public hearing on this matter that Council had requested to receive input from community groups who would be impacted by such a fee schedule. Howard Gaines suggested that a flat rate be charged everyone since it is some- times difficult to determine what priority group an organization should be in. He stated that just because an organization has a non-profit status doesn't mean that it is a charitable organization. Councilwoman Deutsch also felt that a flat charge to all groups would be advisable; however, she felt that we should encourage rather than discourage people to use the city facilities. Mary Sanders went over the rate schedule which had been approved by the Recreation Commission. Appropriate comments from the public were also taken at the Recreation meeting when this was discussed and most people were in favor of this program but thought the fees were too low. This fee schedule is an attempt to put together something to protect our buildings. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 Page Five MOTION: Councilwoman Ward moved for the adoption schedule for city facilities as proposed This was seconded by Councilman Anderson roll call vote. C-2 'S FISH'N. INC of the fee and building by the Recreation Department. and carried unanimously by NIT TO ALLOW THE Councilman Anderson excused himself from this portion of the meeting. Mr. Baxter stated that the Fitzsimmons are requesting permission to sell soda, candy, cigarettes and coffee as well as packaged cold sandwiches. The current approved uses on the lease sites are for operation of a party fishing boats, boat rental and repair, office, sporting goods store, marine service station, fish cleaning facilities, shop buildings, docks, boat chandlery, and off -sale beer. Since this lease site is one of many that is included in the California - West study area, staff felt it would be appropriate that no action be taken on the request until such time as California -West has submitted their final report. In addition, the Building Inspector should review the premises for any current violations of lease usage and make a report back at a later date. This recommendation was agreed to by the Fitzsimmons, and all members of the Council. C-3 REQUEST FOR RENEWAL OF LEASE SITE 37W BY PAUL K. MEYER AND ALFRED T. MEYER. Councilman Anderson excused himself from this portion of the meeting. Mr. Baxter stated that in accordance with the original terms of the lease for 37W by Paul and Alfred Meyer and as part of the legal settlement for this lease site, the Meyers have submitted to the City for review an accounting of the improvements made at their lease site. The Meyers have spent in excess of $87,000 to make improvements on their lease,*which exceeds the $60,000 minimum that had been placed on their lease site. Since the lease expires July 1, 1981, the applicant is requesting that Council action take place prior to that date so that their lease interests may be protected. Staff is recommending that Council approve the extension of the Meyer's lease site by 15 years and direct staff to make the appropriate changes in the lease document. MOTION: Councilwoman Ward moved that the lease for Lease Site 37W - Paul and Alfred Meyer, be extended for a 15 year period beginning July 1, 1981. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. C-4 URGENCY ADOPTION'OF ORDINANCE TO AMEND SECTION 2.32.060 OF THE MORK MIINTCTPAI rnnF Mr. Baxter stated that this ordinance is being submitted to Council for adoption on an urgency basis. Without such an ordinance, the City of Morro Bay Personnel Department cannot legally use or obtain criminal background information as part of the employment selection process. Such background checks are essential if the City is to determine the validity of .the information submitted in the applications as well as determine their reliability of persons from their previous employment experiences. If passed, this ordinance would go into effect immediately. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1981 Page Six Gary Napper stated that this ordinance is a model from the one put together by the Department of Justice and a statement of this will be put on the application forms. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title - "An Ordinance to Amend Section 2.32.060 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the adoption of this ordinance on an urgency measure. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. D. ITEMS OF INDIVIDUAL DETERMINATION AND/OR ACTION D-1 LAFCO MEETING Mr. Baxter stated that the LAFCO Commission will be hearing Morro Bay's applica- tion for a sphere of influence on July 2 in San Luis Obispo. The recommendation, as drafted, does not protect the City's planning interests which we feel staff would want to address when the Commission holds the hearing. The document will be made available through the Deputy City Clerk and any comments be provided prior to the hearing. MOTION: Cbuncilwoman.;Wardumoved�that workshop meeting. This was carried. The meeting was adjourned at 8:50 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Dep�Citrk the meeting-;be,;adjourned:•td.-the,,budget,, seconded by Councilman.Anderson and so MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, representing all veterans Invocation A. CONSENT CALENDAR A-1 Expenditure Report for the month of April, 1981. A-2 Resolution of Intention to Amend the Contract Between the Public Employee's Retirement System (P.E.R.S.) and the City of Morro Bay. A-3 Resolution Commending Willard D. Curtis on His Job as Morro Bay High School Teacher. A-4 Resolution Requesting a Grant From the Department of Boating and Waterways for the Restoration of a Boat Launching Facility. A-5 Resolution to Establish a Fee Schedule for City of Morro Bay Facilities. A-6 Discontinuance of Club S on orshi b Cit of Morro Bay. A-7 Resolution Authorizing tie Wldjuslenyt A Settlement of Claims Against the City. B. UNFINISHED BUSINESS B-1 Ordinance No. 202, An Ordinance Adding Chapter 3.30 to the Morro Bay Municipal Code (unclaimed money and property). Second reading. B-2 Ordinance No. 204, An Ordinance Amending Section 13 of Ordinance 100 and Section 17.48.030 of the Morro Bay Municipal Code (compatible multiple use of public school sites and facilities). Second reading. B-3 Overnight Camping Problem. C. NEW BUSINESS C-1 Consideration of Support for HR 1765, which would remove the barriers preventing continued use of natural gas as a boiler fuel in existing power plants. C-2 Consideration of Support for AB 1317 (Costa), which would (1) amend the 1911 Improvement Act to authorize a city to establish an assessment district to finance the maintenance of public improvements through benefit assessments and (2) amend the 1913 Improvement Act'to authorize a city to establish an assessment district to construct and maintain neighborhood parks. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Public Hearing for the Purpose of•Appealing the Requirement to Abate Weeds and Hazardous Nuisances. D-2 Thomas R. Laurie & Co. Builders Appeal of Planning Commission Decision to Allow Setback Variance for Proposed Development on 219 Marina Street. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 16 MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 RECREATION HALL, 7.:30 PM The meeting was called to order at 7:30 PM by Mayor of Allegiance was led by Horace Strong representing invocation was given by Rev. Paul Dear of the First ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor Pro-Tem Lemons. The Pledge all veterans and the Christian Church. STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Director of Community Development Gary Napper, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Expenditure Report for the month of April, 1981. A-2 Resolution of Intention to Amend the Contract Between the Public Employee's Retirement System (P.E.R.S:) and the City of Morro Bay. A-3 Resolution Commending Willard D. Curtis on His Job as Morro Bay High School Teacher. A-4 Resolution Requesting a Grant From the Department of Boating and Waterways for the Restoration of a Boat Launching Facility. A-5 Resolution to Establish a Fee Schedule for City of Morro Bay Facilities. A-6 Discontinuance of Club Sponsorship by City of Morro Bay. A-7 Resolution Authorizing the Adjustment and Settlement of Claims Against the City. Mr. Baxter read the consent calendar to the Council and members of the public present. Item A-5. Councilwoman Deutsch asked what the fee schedule was based? Mary Sanders, Recreation Director, stated that the based on actual and competitive costs with other cities. The proposed schedule as submitted would be fair to non-profit organizations and a little higher to the profit making organization. The City needs a way in which.to have revenue to maintain buildings and replace lost items. Councilwoman Deutsch asked that this matter be set for public hearing and taken off the Consent Calendar which was agreed to be all present. Item A-2. Mayor Pro-Tem Lemons asked if the City could re-enter the system at a later date. Gary Napper stated that once you "depool", you cannot re-enter the system. However, most employees who work for the City do not stay and retire. MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, Page Two Councilwoman Deutsch moved for the adoption of the Consent Calendar with the exception of Item A-5 which will be set for a public hearing at the next meeting. This was seconded by Councilwoman Ward and so' carried. UNFINISHED BUSINESS ORDINANCE ADDING CHAPTER Baxter stated that this ordinance relates to the handling of disbursement unclaimed money and property and is being submitted to you on second reading. Councilwoman Deutsch moved that Ordinance No. 202 be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read Ordinance No. 202 by title only - "An Ordinance Adding to the Morro Bay Municipal Code." Councilwoman Deutsch moved for the adoption of Ordinance No. that this constitutes the second reading. This was seconded Councilwoman Ward and carried unanimously by roll call vote. Mr. Baxter stated that this ordinance relates to the rental of school facilities within the City limits of Morro Bay as requested by the San Luis Coastal Unified School District and is being submitted to you on second reading. Councilman Anderson moved that Ordinance No. 204 be read by title only. This was seconded by Councilwoman Deutsch and so carried. Mr. Baxter read Ordinance No. 204 by title only - "An Ordinance Amending Section 13 of Ordinance 100 and Section 17.48.030 of the Morro Bay Municipal Code." Councilwoman Ward moved for the adoption of Ordinance No. 204 and that this constitutes the second reading. This was seconded by Councilman Anderson and carried unanimously by roll call vote. OVERNIGHT CAMPINGPROBLEM Mr. Baxter gave a brief summary of the Committee's meeting last Friday where submitted eight possible solutions for Council's consideration. He also mentioned the number of RV's parked in the City over the weekend (Memorial D Weekend) between the hours of 2:00 AM and 4:00 AM. Mr. Jack Curry of Morro Dunes Trailer Park mentioned that they have rented property from P.G. & E. for storage but have made provisions for this area to also be used for overflow camping. This would provide an additional 80 spaces and would be strictly overnight camping. This area is not currently zoned for.camping but they would be willing to submit a request to the Coastal Commission if the City is in;agreement. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 Page Three Councilwoman Deutsch felt that it should be more expensive to park on the street but felt that the City should provide some alternatives to this problem or abolish the ordinance. MOTION: Mayor Pro-Tem Lemons moved that this matter be referred back to the Committee for further information/solutions. This motion died for lack of a second. MOTION: Councilwoman Deutsch moved that Resolution No. 46-81 be adopted as amended allowing the fines for camping violations to be raised from $5 to $10. This was seconded by Mayor Pro-Tem Lemons. On a roll call vote it ended as a tie (Ward - no; Anderson - no; Deutsch - yes; Lemons - yes). MOTION: Councilwoman Ward moved for the approval of Resolution No. 46-81 as amended be adopted to increase the camping violation fines from $5 to $15. This was seconded by Councilman Anderson and carried on a roll call vote with Councilwoman Deutsch voting no. SPECIAL ANNOUNCEMENT Mr. Baxter stated that he had incorrectly stated the voting on'the transfer of funds from contingencies for the off -shore oil lease suit. According to the Government Code only a majority vote was needed, not a 4/5's vote. The measure, therefore, did pass. C. NEW BUSINESS C-1 CONSIDERATION OF 1765, WHICH WOULD This legislation, co -sponsored by Congressman Panetta and Congressman Logomarsino, was brought to the City's attention by Pacific Gas & Electric Company. Currently federal law prohibits power plants to use more than a minimum amount of natural gas a a boiler fuel. Since that legislation was adopted in 1978, the market for natural gas has changed considerably and there is widespread support throughout the nation to amend the legislation, which in effect would allow power plants to burn a cleaner fuel rather than fuel oil or coal which many have converted to since. MOTION: Councilwoman Deutsch moved for the Council to go on record in support of HR 1765. This was seconded by Councilwoman Ward and so carried. There was a brief recess at 8:50 PM with the meeting reconvening at 9:00 PM. C-2 CONSIDERATION OF SUPPORT FOR AB 1317, WHICH WOULD AMEND THE 1911 IMPROV Mr. Baxter stated that the amendments proposed in this legislation would provide a broader financing for cities to construct and maintain streets, sewers and MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 Page Four sidewalks through a benefit assessment district. In addition, it would also authorize a city to establish an assessment district to assess and maintain neighborhood parks. Given the current revenue restrictions faced by all local governments, including the City of Morro Bay, the legislation would be of great local benefit. MOTION: Councilwoman Deutsch moved that Council go on record in support of AB 1317. This was seconded by Councilwoman Ward and so carried. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PUBLIC PURPOSE OF APP TO ABATE Mr. Baxter stated that staff has posted certain properties which have been neglected or not maintained for the purpose of abating weeds or removing hazardous material. By law a public hearing is required so that property owners have the right to protest such postings to Council and determine whether or not they have been fairly treated. Mayor Pro-Tem Lemons opened the public hearing on this matter. There was no public comment. MOTION: Councilwoman Ward moved for the closing of the public hearing on the abatement of weeds. This was seconded by Councilman Anderson and so carried. Bids were opened on May 21 for mowing of the lots posted. A total of six bids:• were received. Staff is recommending that the firm of Karlskin Crum be awarded the bid for a price of $43 per hour. This firm was not the low bidder but it is staff's evaluation that they are most qualified to do the jobs at a lower rate for the property owner. MOTION: Councilwoman Deutsch moved that the contract for the mowing of weeds under the weed abatement program be awarded to Karlskin Crum. This was seconded by Councilman Anderson and carried unanimously by roll call vote. D-2 THOMAS R. LDERS APP COMMISSI Mr. Baxter stated that this matter be continued until June 22 to allow for proper noticing to be sent. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 EXTENSION OF CONTRACT WITH CALIFORNIA-WEST Councilman Anderson excused himself from this portion of the meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 Page Five California -West has run into time delays in preparation of their report on the City's lease sites on the Embarcadero and is requesting additional time so that the work may be completed. It is staff's recommendation that a 45 day extension would allow for completion of work and no additional requests made to Council for further time. Mr. Jack Wallace of California -West went over a status report for the Council. (See Exhibit A.) MOTION: Councilwoman Deutsch moved that the contract with California -West be extended 45 days. This was seconded by Councilwoman Ward and so carried. E-2 REPORT ON COASTAL CONSERVANCY ACTION REGARDING CARATAN ACQUISITION. Mr. Baxter stated that on May 14, 1981, the Coastal Conservancy approved the City's application to provide funds for the acquisition of the Caratan property. The amount of money appropriated was $250,000 for acquisition and parcel development. Councilman Anderson, who attended this meeting in Sacramento, stated that the feeling of the Conservancy is that they want to help in the restoration of the waterfront in Morro Bay. Mr. Crump mentioned that a public hearing would be required on the access feature of the Coastal Plan on this matter. Mr. LeSage requested that this matter be set for public hearing as soon as possible. The matter will be set for public hearing before the Planning Commission on June 15 and before the Council on June 22, 1981. E-3 TRANSPORTATION OF PATIENTS TO HOSPITALS BY THE FIRE DEPARTMENT. The Finance Department and Chief Zerr have prepared figures for the transporting of critically ill or injured patients to hospitals by.the Fire Department. The actual costs total $79.61 per trip. If Council feels this is appropriate, staff would prepare a resolution establishing a fee for this service. Councilwoman Deutsch felt that the fee should be set at $100 to allow for any uncollectable debts, etc. Mayor Pro-Tem Lemons asked is the City would need additional liability if we acted as an ambulance. Mr. LeSage stated that it would and this would need further research. Mr. Baxter stated that a resolution will be drafted and presented to Council at a later date. E-4 LETTER FROM CONGRESSMAN PANETTA Mr. Baxter stated that the City had received a letter from Congressman Panetta and he is trying to station a 30 foot surf boat here in Morro Bay. He will keep us informed of the status of this project. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1981 Page Six E-5 SIX BOAT SLIPS. Mr. Baxter stated that the City has received a preliminary report from the Coastal Commission regarding the six boat slips. Their staff is recommending that our recommendation be approved at their meeting on May 29. E-6 PROCLAMATION PROCLAIMING JUNE AS PARKS AND RECREATION MONTH. Mayor Pro-Tem Lemons stated that he was proclaiming June as Parks and Recreation Month. An executive session was called to discuss (1) the Ralph Peters claim against the City, (2) the Fish Shanty, and (3) the Caratan Property. The meeting was adjourned into executive session at 10:40 PM. MOTION: Councilwoman Ward moved for the adjournment of the meeting to June 8 at 3:30 PM for the Budget Workshop Session. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 10:57 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy C tty Clerk OHIBIT A ��o(0ifo-mi,a—nWest 1lInc. G l5 a A 15 otMIJI� I111LA951JL1f�� U�uuulo Ul) 1380 Broad Street San Luis Obispo, California 93401 Area 805 543-9119 Status Report as of May 25, 1981 This is an interim report on the status of property management services for leases along the Embarcadero. 1. Of those leases examined, leasehold interests have been pro- perly transferred and approvals have been recieved from City Councils. Leases -were examined from commencement date to present. us b ases were rarely available for examination. 2. Rental payments under County leases will rise very signifi- cantly. The basic minimum rent in County leases is calcul- ated as six percent of the value of the property. In Morro Bay land has been sold during 1974 through 1981 for a high of $12.74 per square foot and a low os $4.28 per square foot. Lessees may find that potentially there is a financial advantage to negotiate for a city -type lease. 3. Updated percent of gross income from 1966 report, (Schedule A of City Leases) and recommend a periodic audit procedure as practiced by the Property Management staff of the Port Authorities. 4. Completed photography for determination of users and for presentation in Lease Control Book. 5. Awaiting legal opinion on "Pipkin Case" as related to lease- hold interest and on proposal from County Assessor as to annual appraisal review. 6. Liability and insurance coverage rarely files and owners must be informed of violations. 7. Awaiting engineering reports from survey of leased area and use permit checks. 8. Rental payments have not been paid for dockage, mariculture, etc. 9. Water leases are yet to be reviewed with Harbor Master. i ATTACHMENT A SCOPE OF SERVICE California -West will perform basic property management tasks with regard to leases the City has along the Embarcadero. The tasks to be performed are as follows: 1. Right of tenancy confirmed. Examine parties to the lease from commencement date to present. Leasehold interest is .to be transferred by approval of the.City Council and evidenced by Assignments, Sub -letting Contracts, Quit Claim Deeds, etc. 2. Confirm County's leasehold interest properly transferred to the'City and comment on replacing County lease with standard City lease. 3. Consult with City Attorney and comment on "Pipkin Case" as related to the leasehold interest.transferred from the County. ✓ 4. Confirm area of land and water conforms to lease legal description. 5. Consult with Harbor Plaster for water leases and buoy moorage and confirm conformance to an agreement. 6. Inspect premises for present use and confirm Council approval in files. 7. Determine if current appraisal values do in fact reflect "said value" of agreement. (Basis for minimum guaranteed rental.) Consult with County Assessor. Do appraisal values reflect "changes in use" and are they made annually? Comment on method of appraisal. V. 8. Confirm receipt of rents for dockage, moorage, Consumer Price Index adjustments. Review with Finance Department. 4 9. Obtain sales tax returns or reliable evidence of tenants' gross sales and calculate percentage rates. California -West Agreement Attachment A -2- 10. Confirm adequacy of insurance and liability coverage and compliance with agreement. (Additional insured copy.) 11. Compare rental schedule to other municipalities. 12. Compare gross sales to regional average. -< 13. Compare percentage of gross sales to market. 14. Prepare summary lease book for management control to include photos, maps, and pertinent data for all leases. 15. Prepare standard procedural forms for rent collections, use changes, tenant communication, etc. (VOTE: Tenant must acknowledge receipt, by signature.) 16. Interview tenants_ TIME FRA24ES Project to be completed within 90 days after approval has been granted. PERSONNEL , Staff for the services to be provided will be responsibility of California - West. PAYMENT California -west will be paid a fixed fee of $3,500.00. 2/10/81 s• A G R E E M E N T THIS AGREEMENT made and entered into this 27th day of February, 1981, between California -West, Inc.; areal estate management firm, hereinafter referred to as "California -West," and the City of Morro Bay, hereinafter referred to as "Client"; WITNESSETH : WHEREAS, California -West has been authorized by the Client to conduct specified property management services as described in Attachment A; and WHEREAS, California -West has the qualifcations to perform the basic property management tasks with regard:' -to leases the Client has in effect along the Embarcadero; and WHEREAS, California -West understands that they shall be the independent contractor of the Client; NOW, THEREFORE, in consideration of _their mutual covenants and conditions, the parties hereto agree as follows: 1. DUTIES OF CALIFORNIA-WEST A. California -West shall go through the leases, identify the obligations of both parties to the leases, make site inspectionsand determine compliance with the lease agreements. This will not include enforcement of the lease provisions. The lease files will be organized and pertinent information summarized for the management and enforcement by the Client. B. California -West shall complete the required tasks in the time limit as set forth in Attachment A, and if difficulties occur due to unforeseen and uncontrollable circumstance..beyond California -West's control, California -West shall notify the Client immediately and make appropriate arrangements : .California -west Agreement -2- 2. DUTIES OF THE CLIENT A. The Client will provide for payment to California -West as provided in this Agreement. B. The Client will make available to California -West any documents in its_ possession related to the work scope as specified in Attachment A. 3. PAYMENT California -West agrees to perform all work necessary to meet the requirements specified in Attachment A. California -West will be paid by the Client 30 percent per month of the cost of the project as specified in Attachment A within the normal period for City Council approval or 30 days from billing date, whichever is less. The remainder of the cost of the project will'be paid upon completion within the normal period for City Council approval or 30 days from billing date, whichever is less. A 1-1/2 percent monthly service charge on the unpaid balance will be billed by California -West after 30 days from the date of invoice. 4. TIME OF COMPLETION Time is of the essence in carrying out the terms of this Agreement - California -West will complete the necessary rough drafts as outlined in Attachment A with the time constraints specified by the Client. California -West will immediately notify the Client should any delays occur and will make appropriate arrangements both suited to the Client and California -West. The Client can extend the time of this Agreement to cover additional work tasks as necessary with written authorization to California -West. 5. LIMITS OF OBLIGATION The limit of the obligation of the Client under this Agreement is the maximum budget as specified in.Attachment A. California -West will not perform any work, or incur any obligation beyond the maximum not to exceed budget specified in Attachment A without written consent from the Client. The Client MORRO BAY CITY COUNCIL MEETING REGULAR MEETING - MAY 11, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong - American Legion Invocation PUBLIC COMMENT PERIOD A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Chamber of Commerce Expenditure Report for April, 1981. A-2 Resolution Approving and Authorizing the Execution of an Agreement with the State of California, California State Personnel Board, Cooperative Personnel Services. A-3 Approval-e€-a-Rese;dt4on-Requesting-a-GraRt-€rem-the-BepartmeRt-a€-Bea t4fig and-Waterways-€ee-the-Resterat4en-of-a-Beat-6auneb4Rg-Fae€}4ty: A-4 Approval of City Council Minutes from Meeting of April 27, 1981. A-5 Resolution No. 44-81, Establishing Precinct Boards and Polling Places for the June 2, 1981 Special Election. A-6 Resolution No. 45-81, Ordering the Canvass of the Special Municipal Election to be Held on the 2nd day of June, 1981, to be made by the City Clerk of the City of Morro Bay. A-7 Morro Bay/Cayucos Treatment Facilities Improvement Construction Management Services. B. UNFINISHED BUSINESS B-1 Appeal of the Planning Commission Decision' Denying A Tentative Tract Map - Jack Loperena, Applicant/Appellant., B-2 Planning Commission Report on the Fish Shanty - Lease Sites 134, 135, 136. B-3 An Ordinance Amending Title VII of the Morro Bay Municipal Code (Animal Regulation). Second reading. B-4 Bay Ambulance Agreement with City of Morro Bay. B-5 Proposed Establishment of an Advanced Emergency Medical Program in San Luis Obispo County. B-6 Joint Law Suit on OCS Development in California. C. NEW BUSINESS C-1 Overnight Camping Problems. C-2 Fire Department Transport of Critically Ill or Injured Patients to Hospitals When Bay Ambulance is Unavailable. C-3 Resolution of the City Council Expressing Its Support of Efforts by the Federal Administration to Return Powers to Local Entities and Urging a Careful Implementation of Those Efforts in Ways That Will Enhance, Not Further Impede, Home Rule. C-4 Support of Senator Hayakawa's Resolution on Proposing an Amendment to the Constitution of the United States with Respect to Proceedings and Documents in the English Language. C-5 Support of HR 2828, A Bill Which Allows Banks to Underwrite Revenue Bonds. 0 CITY COUNCIL AGENDA - 5/11/81 Meeting Page Two D. PUBLIC HEARINGS,_ REPORTS & APPEARANCES D-1 Presentation of Proposed Budget Documents. D-2 An Amendment to.the Zoning Ordinance, Case No. ZOA 01-81, Setting Forth Certain Provisions for Compatible Multiple Use of Public School Sites and Facilities. D-3 Notice of Intention to Condemn Real Property and of Right to Demand Hearing - George Prier. D-4 Ordinance Adding Chapter 3.30 to the Morro Bay Municipal Code (unclaimed money and property). First reading. D-5 Hearing on Proposed,Morro Avenue Extension. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council. E-2 City Attorney. E-3 City Administrator. i 0 16 MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 RECREATION HALL, 7:30 PM Mayor Pro-Tem Lemons called the meeting to order the American Legion led the pledge of allegiance invocation. Mayor Pro-Tem Lemons requested that to Whitey Rowland, who is seriously ill. ROLL CALL PRESENT: Rodger Anderson,.Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman at 7:30 PM. Horace Strong of and Rose Melton gave the everyone give a special thought ABSENT: Warren M. Dorn, Mayor STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney John Bressan, Public Services Director Murrel Crump, Community Development Director George Carpenter, Acting Police Chief Gary Napper, Administrative Assistant Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for April, 1981. A-2 Resolution Approving and Authorizing the Execution of an Agreement with the State of California, California State Personnel Board, Cooperative Personnel Services. A-3 Appreva4-e€-a-Reselut4em-Request4Rg-a-GraRt-€rani-the-Department-a€-Beat4no and-Waterways-€er-the-Resterat4en-a€-a-Beat-6aapeh4mg-Fae4;4€y7A-4 Approval of City Council Minutes from Meeting of April 27, 1981. A-5 Resolution No. 44-81, Establishing Precinct Boards and Polling Places for the June 2, 1981 Special Election. A-6 Resolution No. 45-81, Ordering the Canvass of the Special Municipal Election to be Held on the 2nd day of June, 1981, to be made by the City Clerk of the City of Morro Bay. A-7 Morro Bay/Cayucos Treatment Facilities Improvement Construction Maintenance Services. Mr. Baxter read the Consent Calender to the members of the Council and the public present. Item A-7. Mayor Pro-Tem Lemons asked if a copy of this item had been sent to the Cayucos Sanitary District Board of Directors. John Bressan stated that -a copy had been sent. MOTION: Councilman Anderson moved for the approval of the Consent Calendar. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Two B. UNFINISHED BUSINESS B-1 APPEAL OF THE PLANNING COMMISSION DECISION DENYING A TENTATIVE TRACT MAP - JACK I nPFRFNA_ APPI TFAN /APPFI 14NT Mr. Baxter stated that this matter has been continued'for some time. The Planning Commission has reviewed the application and it is their feeling that the application, as submitted, be denied due to circulation problems. A discussion was held on possible solutions to this problem. Mr. Robert Snyder, agent for Mr. Lopereng, stated that the'subdivision tract as submitted is a safe, secure development. The Planning Commission had suggested a possible T-formation for north -south access instead of the culdesac but Mr. Snyder would prefer to have the arrangement passed as submitted. - Mrs. Grace Melton stated she was representing an owner on Ironwood and their only interest was in having access to the rear of the properties on lots #14 and #15. This was a concern because of waste removal or flood damage. However, they did feel this was a good design and gave security and peacefulness. Councilwoman Ward asked Al Paul, Planning Commissioner, why the Planning Commission had been opposed to this plan. Mr. Paul stated that they had been looking toward the overall development for the future. If the existing parcels of land were developed, it would require deadend streets and no access north and south. MOTION: Councilman Anderson moved for the adoption of the resolution denying Mr. Loperena's request for development of this project. Councilwoman Deutsch seconded the motion and it passed on a majority vote with Councilwoman Ward voting no. B-2 PLANNING COMMISSION REPORT ON THE FISH SHANTY - LEASE SITES 134-136 Councilman Anderson excused himself from this portion of the meeting. Mr.. Baxter stated that the -Planning Commission found that the continued use of a restaurant on the lease site was not acceptable. The applicants, however, feel that Council should authorize the current uses and find them appropriate in regard to the master lease. If that would be the case, then all the Ross' would have to do would be to comply with the building permit requirements which they have agreed were minor improvements. However, if Council decides the uses are nonconforming, it would be appropriate at this time to require the lessee to convert from an existing County lease -to a City lease with the new uses so mentioned. Mr. Biering, attorney for the Ross', felt that the sale of beer and wine has been a permitted use over the years. Whether you walk up and purchase the drinks, sit down, etc., Mr. Biering felt that the purchase of refreshment includes the sale of beer and wine. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Three Mr. LeSage stated that the original lease expires in 1992. The Council has the option to change this lease to include restaurant with the sale of beer and wine or to include a restaurant without the sale of beer and wine. His opinion is that the lease does not allow the change to a restaurant or the sale of beer and wine as part of a retail operation. Mayor Pro-Tem Lemons stated that the permitted uses of the lease is manufacture, wholesale and retail sales of pre -prepared foods and refreshments. He felt that the Council can determine whether or not this includes restaurant and sales of beer and wine. Mr. Crump stated that the Planning Commission was asked whether or not the existing use was acceptable. The Planning Commission went beyond that to say that they didn't approve the use as acceptable since the necessary approvals were required and not attained. Mr. LeSage stated that historically the use has been sales at the window. There was a request to allow chairs inside. If this required Council approval, then why didn't they seek Council approval for changes on Lease Sites 134-135. MOTION: Councilwoman Deutsch moved that the Council accept the staff recommendation that the uses of Lease Sites 134-136 to be in non-conformance and to require the current lessee to file an application to bring their uses in conformance. This was seconded by Councilwoman Ward and so carried. Mr. Biering asked for an immediate resolution to the sale of beer and wine as the ABC would not issue a license until this was resolved. Mayor Pro-Tem Lemons felt that this action would be premature in that it has not been established that the sale of beer and wine is a permitted use under the lease. B-3 AN ORDINANCE AMENDING TITLE VII OF THE MORRO BAY MUNICIPAL CODE Mr. Baxter stated that this ordinance relates to the county -wide animal regulation code and it is being submitted to Council for second reading and adoption. MOTION: Councilwoman Deutschmoved that this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title only - An Ordinance Amending Title VII of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the adoption of this animal regulation ordinance and that this constitutes the second reading. This was seconded by Councilwoman Ward and so carried. B-4 BAY AMBULANCE AGREEMENT WITH CITY OF MORRO BAY. Mr. Baxter stated that this matter has been rescheduled at the request of Mr. Barker until a full Council is in attendance. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Four B-5 PROPOSED ESTABLISHMENT OF AN ADVANCED EMERGENCY MEDICAL PROGRAM IN Mr. Baxter stated that the City had received a letter from Mayor Melanie Billig of the City of San Luis Obispo regarding the establishment of a county -wide Advanced Emergency Medical Program. The program would consist of the cities and county participating arrangement at a cost of approximately $50,000 a year which would be pro -rated among the cities and county in proportion to the population. The City's portion would come to approximately $3,000. Staff would recommend that Council make a policy determination regarding this matter and if supportive that the matter be referred to the budget process for purpose of the 1981-82 budget. Councilwoman Deutsch felt this is a very vital need for this area and the city should participate. She felt that $3,000 is a small amount to contribute in the upgrading of our medical aid. MOTION: Councilwoman Ward moved that the City consider participating in this program and include it in our budget process with figures to be provided at a later date. This was seconded by Councilwoman Deutsch and so carried. B-6 JOINT LAW SUIT ON OCS DEVELOPMENT IN CALIFORNIA. Mr. Baxter stated that a letter from Supervisor Kupper had been received requesting the City to join with the County in a suit brought by the State against the Department of Interior on the OCS 53 Sales. Staff is recommending that Council make a policy determination regarding this matter and provide staff with direction should they have a change from the policy they have previously indicated. Mayor Pro-Tem Lemons stated that he had received a telephone call from Mayor Bill_ig of the City of San Luis Obispo requesting that we take this item up at our meeting. Originally the State of California was going to take this entirely on its own. Now the State of Washington, State of Oregon, San Luis Obispo County and our cities may join as interveners. The amount suggested was $250 from our city. He felt that this was a matter of standing up and being counted since we are residents of the area most affected. Councilwoman Deutsch felt that we should give our moral support but not supply any funds at this time unless a limit was put on the amount. Ernie Miller, 350 Arbulas Avenue, was concerned as to where we get oil. He asked if.the people were going to be against everything that comes along - especially since we don't want to pay the Arabs for it. MOTION: Mayor Pro-Tem Lemons moved that Council appropriate $250 for the purpose of joining the lawsuit against OCS Sale 53. This was seconded by Councilman Anderson and passed with a majority on roll call vote with Councilwoman Ward voting no. Mr. Baxter stated that this matter.needed a 4/5's vote to pass; therefore, this matter did not pass. (NOTE: It was discovered later that a 4/5's vote was not needed for cities and this matter did pass.) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Five C. NEW BUSINESS C-1 OVERNIGHT CAMPING PROBLEMS. George Carpenter, Acting Police Chief, gave a brief overview of the problem of campers and RV's parking in lots, streets, private property and even tents in the golf course presents problems in increasing proportions that currently has become unmanageable. Mr. Baxter stated that there are three segments to this problem: (1) that Council adopt an emergency ordinance which would govern camping with the City; (2) that Council direct staff to locate an appropriate site for overflow camping and develop a pilot program to operate such a program during the summer months; and (3) that Council adopt a resolution increasing the fines for violators of the camping ordinance from the current $5 to $25. Councilwoman Deutsch felt that the fines proposed were too high and the City should try to locate an alternative place to park RV vehicles. Mr. Baxter asked for direction from the Council on this matter before staff spends more time on this issue. The main goal is to eliminate the RV parking in the business areas and parking lots. The Police Department will inform people that there is an alternative parking area for overnight use only. Mayor Pro-Tem Lemons asked that staff bring back further alternatives on this problem to the next meeting. This matter was continued to the May 26 meeting. C-2 FIRE DEPARTMENT TRANSPORT OF CRITICALLY ILL OR INJURED PATiFNTS TO HOSPiTA Mr. Baxter stated that the Fire Chief is requesting a policy decision from City Council which involves the transportation of seriously ill or injured persons to hospitals by the Department when a local ambulance service is unavailable. The Fire Department has acquired, at no charge, equipment which will allow them to furbish their van to perform these particular services. Over the next two years it is anticipated that Fire personnel will be trained to perform emergency medical treatment during transport. The costs to perform this service appear to be minimal and within the City's funding capabilities. Councilwoman Deutsch asked if the City would be left understaffed if a unit was transporting a patient to the hospital. Chief Zerr stated that two additional people would be called in to cover the station in a situation like this. He also stated that he did not anticipate that their services would be needed for transporting patients that often. MOTION: Councilwoman Ward moved that Council approve the concept of the Fire Department transporting critically ill or injured patients to hospitals when the regular ambulance service is unavailable and asked for further backup information on this to be brought back to Council. This was seconded by Councilwoman Deutsch and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Six A brief recess was called at 8:55 PM and the meeting was reconvened at 9:05 PM. C-3 RESOLUTION OF THE CITY COUNCIL EXPRESSING ITS SUPPORT OF EFFORTS BY THE Mr. Baxter stated that the resolution was a sample submitted by the City of Long Beach. It requests the Federal Government to relieve local governments from the burdens of federal regulatory activities and modify those activities to eliminate unnecessary regulations affecting local governments and a develop- ment of comprehensive federal policy on mandated costs to local government. As part of this system, the resolution requests that the Federal Government turn local funds directly to cities and counties without passing them through the State. And, lastly, that the Federal Government adopt policies which will stimulate economic growth and reduce inflation through tax and spending reductions. MOTION: Councilwoman Deutsch moved for the support of the resolution to return powers to local entities. This was seconded by Mayor Pro-Tem Lemons and so carried. C-4 SUPPORT OF SENATOR HAYAKAWA'S RESOLUTION ON PROPOSING AN AMENDMENT TO THE Mr. Baxter stated that Senator Hayakawa has sent a resolution, which has been adopted by the United States Senate, requesting support for a proposed amendment to the Constitution which will establish English as the language of the United States and reduce the trend of using languages other than English within the United States which in the Senator's mind have been at great expense to little avail in attempting to bring non-english persons into the main stream of American life. MOTION: Councilman Anderson moved that the Council go on record in support of Senator Hayakawa's proposed amendment to the Constitution to establish English as the language of the United States. This was seconded by Mayor Pro-Tem Lemons and so carried. C-5 SUPPORT OF HR 2828, A BILL WHICH ALLOWS BANKS TO UNDERWRITE REVENUE BONDS Mr. Baxter stated that the Finance Director submitted this matter for Council's approval. HR 2828 is a bill which will allow banks to underwrite revenue bonds and will provide for increased competition between bank and non -bank dealers. The forecast of such change should result in the reduced underwriting costs and substantial savings on public improvements. In an era of increasing interest rates, the passage of such a bill would provide some relief to local government. MOTION: Councilwoman Deutsch moved that Council go on record in support of HR 2828.. This was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Seven PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PRESENTATION OF PROPOSED BUDGET DOCUMENTS. Mr. Baxter stated that the proposed budget documents which had been given to Council represented a balanced budget. The recommended budget totals $5.5 million. Mr. Baxter mentioned that the most significant problem is the lack of funding or negative balance. He specifically referred to the sewer and water treatment plant, which do not support their own activities. He also highlighted some of the changes in the department budgets. He informed Council that a public hearing on the budget was scheduled for May 26 and a workshop was scheduled for June 8. The matter was continued to that date. D-2 AN AMENDMENT TO THE ZONING ORDINANCE, CASE NO. ZOA 01-81, SETTING FORTH The proposed ordinance, as outlined by Mr. Baxter, is a result of the direction Council provided to staff after a joint meeting with the San Luis Coastal School District regarding the leasing of vacant classrooms and school facilities for commercial purposes. The Planning Commission has heard this item and recommends the required amendments to the Municipal Code. Dr. Bill Newman, Superintendent of the San Luis Coastal School District, commended the City staff on their cooperation in this effort. However, he did recommend a change in (d.5) whereby when the school is acting in the capacity of a school it is not subject to the zoning laws, which was agreed to be all concerned. MOTION: Councilwoman Deutsch moved for the ordinance, as amended by language noted by Dr. Newman, be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read this ordinance, as amended, by title only - "An Ordinance Amending Section 13 of Ordinance 100 and Section 17.48.030 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the adoption of the ordinance and that this constitutes the first reading. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. D-3 NOTICE N TO CONDEMN REAL PF ,ND OF RIGHT TO DEM Mr. Baxter stated that asapart of the Wastewater Treatment Plant, the City must acquire a parcel of property which is currently held by a private owner - George Prier. A resolution is being submitted to Council to take the necessary legal steps to acquire the property in question by condemnation. Mr. Prier has submitted a letter to Council requesting that the City negotiate a settlement regarding the property. Staff is recommending that Council adopt the resolution and at the same time discuss.the possible purchase with Mr. Prier. In the event negotiations are not fruitful, the City can proceed with the condemnation action. MINUTES - MORRO REGULAR MEETING Page Eight BAY CITY COUNCIL - MAY 11, 1981 Mr. Prier stated he would be more than willing to come to a fair settlement with the City on this matter. Mr. LeSage went over the location of the parcel. He also stated that the Council must find (1) that public interest and necessity require the acquisition of this parcel; (2) that the use is lawful and necessary for the sewer plant; and (3) that the project, as proposed, is consistent with the greatest public good and the least public harm. These points should be part of your findings of fact before you pass the resolution. MOTION: Councilwoman Ward moved for the passage of the findings of fact on the Prier Condemnation matter. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. MOTION: Councilwoman Deutsch moved for the adoption of the resolution in the Prier Condemnation matter. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. D-4 ORDINANCE ADDING CHAPTER 3.30 TO THE MORRO BAY MUNICIPAL.CODE. Mr. Baxter stated that this ordinance would establish procedures for the handling and disposal of unclaimed property and money. There are currently no provisions in the municipal code to address this issue. MOTION: Councilwoman Deutsch moved that the public hearing on this ordinance be closed. This was seconded by Councilwoman Ward and so carried. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Mayor Pro-Tem Lemons and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Adding Chapter 3.30 to the Morro Bay Municipal Code." MOTION: Councilwoman Ward moved that this ordinance be approved and that this constitutes the first reading. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. D-5 HEARING ON PROPOSED MORRO AVENUE EXTENSION. Mr. Baxter stated that during negotiations with property owners along the Tidelands Park boundary, mention was made at the conclusion of such negotiations that Caratan interests would be most willing to settle the boundary lines along their property if the City would agree to make the Embarcadero the only access point to the Park. Staff has discussed this proposal with members of the Coastal Conservancy and it is their indication that the likelihood of funding for the acquisition of the parcel is great. Dorothy Cutter was confused on where the proposed road was and felt that a public hearing on this matter should be held as the property owners in the area would be affected. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1981 Page Nine Mr. LeSage agreed with this point and felt that the Planning Commission should hear this matter first and then have it noticed for a public hearing before the City Council with proper notice to all property owners within the area. MOTION: Mayor Pro-Tem Lemons moved that this matter be heard before the Planning Commission and then brought back before the Council with proper notices to all property owners affected. This was seconded by Councilwoman Ward and so carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION. E-1 REMODELING OF SUBSTANDARD SINGLE FAMILY RESIDENCE IN AN R-4 ZONE. Mr. LeSage stated that:there is a single family residence in an R-4 zone that is substandard and the owner, a senior citizen, is requesting that Self Help conduct some remodeling of her house. The house is located at 864 Main Street. Len Rodder, Self -Help, stated that his office can help with the funding of homes where there is a health and safety factor, which does exist in this residence. Funds have been secured through the Farmers Administration to bring the house up to living conditions. However, it is currently a substandard house and Self -Help would request Council grant an exception in this case to issue a building permit. He felt that this is a very human situation that needs to be solved. Mr. Crump stated that these improvements would not bring the dwelling up to code. It would make the kitchen safe. He also felt that you are deferring the abatement of a sub -standard dwelling. Felt that abatement should be reinstated with the sale or transfer of the dwelling from the owner/occupant. MOTION: Mayor Pro-Tem Lemons moved that we find a hardship existence and grant authority to the Building Department to issue a permit for the improvements to the dwelling located at 864 Main Street. However, at such time as it is no longer occupied by this owner, the Building Department shall inspect said -dwelling with an eye toward whether or not it should be abated. This was seconded by Councilwoman Deutsch and so carried. Mayor Pro-Tem Lemons stated that there are several instances within the City where the zoning and LCP conflict. He felt that we should look toward recommendations on how to cure this problem. E-2 INTERNATIONAL EXCHANGE PROGRAM. Mr. Baxter stated that two wrestlers from Morro Bay High School had been selected for the International Exchange Program. The individuals are Jim Layugan, who will be leaving on June 9 for Holland and Ron Lathrop, who will be leaving on June 15 for Japan. Each individual must bear the cost of the trip themselves and would appreciate any verbal support that the Council can give them. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY ll, 1981 Page Ten Mayor Pro-Tem Lemons requested that a congratulatory letter be sent to'each individual on behalf of the Council. Mr. Baxter requested an executive session on meet and confer. He also mentioned that this meeting would be adjourned to 4:00 PM on May 26 to discuss the budget. The meeting was adjourned into executive session at 11:00 PM. The meeting was reconvened at 11:45 PM. There being no further business, the meeting was adjourned to May 26 at 4:00 PM Respectfully submitted, PAUL BAXTER, City Clerk by Bonita Murray, Deputy Crit'y Clerk 0 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 RECREATION HALL, 7:30 PM CALL TO ORDER PLEDGE OF ALLEGIANCE - Horace Strong, American Legion INVOCATION - Rev. Donnie Williams, First Baptist Church PUBLIC COMMENT PERIOD A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Claim against the City of Morro Bay by Glenn B. Potter. Deny claim on the advise of insurance carrier. A-2 Expenditure report for month of March, 1981. A-3 Investment report for month of March, 1981. A-4 Budget report for third quarter of fiscal year 1980-81. A-5 Approval of minutes from April 13, 1981 City Council Meeting. A-6 Award of contract for Morro Bay sprinkler system (78014-30) to Karlskint/ Krum Landscaping of San Luis Obispo. A-7 Award of bid (80-005-31) for replacement of water well pump to Miller Pump Company of Templeton. B. UNFINISHED BUSINESS B-1 An ordinance to add Section 14.60.200 to.:the Morro Bay Municipal Code (smoke alarms). Second reading. B-2 An ordinance amending Title 9 of the Municipal Code of the City of Morro Bay (alarm systems). Second reading. B-3 An ordinance amending Section 10.08.030 of the Morro Bay Municipal Code (72-hour parking). Second reading. B-4 An ordinance to amend Sections 10.48.100, 10.48.140, 10.48.150 and 10.48.160 of the Morro Bay Municipal Code (abandoned vehicles). Second reading. B-5 Council consideration of Tidelands Agreement. C. NEW BUSINESS C-1 Proposed support of SB 788 (Presley) - California Superfund for Control of Hazardous Materials. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Resolution establishing appropriations limit for fiscal year 1980-81. D-2 An ordinance amending Title VII of the Morro Bay Municipal Code (animal regulations). First reading. D-3 Proposed abandonment of South Street between Main and Monterey Streets. D-4 Consideration of the Morro Bay Local Coastal Program revisions as it relates to San Luis Obispo County LCP. D-5 Request of Yvette Pierce Estate for change in name on Lease Sites 67 and 67W. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 RECREATION HALL, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:30 PM. Horace Strong of the American_Legion led the pledge of allegiance. ROLL CALL PRESENT: Rodger J. Anderson, Councilman' Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael T. LeSage, City'Attorney John Bressan, Public Services Director Gary Napper, Administrative Assistant Al Olson, Police Chief Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Claim against the City of Morro Bay by Glenn B. Potter. Deny claim on the advise of insurance carrier. A-2 Expenditure report for month of March, 1981. A-3 Investment report for month of March, 1981. A-4 Budget report for third quarter of fiscal year 1980-81. A-5 Approval of minutes from April 13, 1981 City Council Meeting A-6 Award of contract for Morro Bay sprinkler system (78014-30) to Karksking/ Krum Landscaping of San Luis Obispo. A-7 Award of bid (80-005-31) for replacement of water well pump to Miller Pump Company of Templeton. Mr. Baxter read the Consent Calendar to the Council and the members of the public present. Item A-4. Councilman Anderson asked if Mr. Baxter and Mr. Sibbach both felt comfortable in terms of where the budget is at this point of the fiscal year. Both gentlemen agreed. Item A-2. Councilwoman Deutsch asked for a explanation of the warrants that appeared on the Expenditure Report, which Mr. Sibbach gave. MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar. This was seconded by Mayor Pro-Tem Lemons.and carried unanimously by roll call vote. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 Page Two B. UNFINISHED BUSINESS B-1 AN ORDINANCE TO ADD SECTION 14.60.200 TO THE MORRO BAY Councilwoman Ward excused herself from this portion of the meeting. Mr. Baxter stated that this was the second reading of this ordinance dealing with smoke alarms in motels/hotels within the City. He recommended that this be read by title only and approved on second reading. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This.was seconded by Councilman Anderson and so carried. Mr. Baxter read this ordinance by title - "An Ordinance to Add Section 14.60.200 to the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the approval of this ordinance and that this constitutes the second reading. This was seconded by Mayor Pro-Tem Lemons and carried on n6ll call vote with Councilwoman Ward not voting on this matter. WAI 1k )F THE MUNICIPAL CODE OF THE CITY OF MORRO BAY. Mr. Baxter stated that this was the second reading of this ordinance dealing with alarm systems within the City. He recommended that this be read by title only and approved on second reading. MOTION: Councilman Anderson moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Title 9 of the Municipal Code of the City of Morro Bay." MOTION: Councilwoman Deutsch moved for the approval of this ordinance and that this constitutes the second reading. This was seconded by Councilwoman Ward and carried unanimously by roll call -vote. B-3 AN ORDINANCE AMENDING SECTION 10.08.030 OF THE MORRO BAY MUNICIPAL CODE. Mr. Baxter stated that this was the second reading of this ordinance dealing with 72-hour parking. He recommended that this be read by title only and approved on second reading. MOTION: Councilwoman Deutsch moved that.this ordinance be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Section 10.08.030 of the Morro Bay Municipal Code." MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 Page Three MOTION: Councilwoman Deutsch moved for.theiapproval of this ordinance and that this constitutes the second reading. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. B-4 AN ORDINANCE TO AMEND SECTIONS 10.48.100. 10.48.140. 10.48.150 AND Mr. Baxter stated that this was the second reading of this ordinance dealing with abandoned vehicles on private property. He recommended that this be read by title only and approved on second reading. MOTION: Councilwoman Ward moved that this ordinance be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read the ordinance by title only - "An Ordinance to Amend Sections 10.48.100,:10.48.140, 10.48.150 and 10.48.160 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the approval of this ordinance and that this constitutes the second reading. This was seconded by Councilman Anderson and carried unanimously by roll call vote. B-5 COUNCIL CONSIDERATION OF TIDELANDS AGREEMENT. Mr. LeSage stated that with the exception of two of the property owners who were unavailable to sign, the Tidelands Agreement has been executed. Councilwoman Deutsch felt that Mr. LeSage certainly deserved a lot of credit for its completion as it was very long and involved. Mr. LeSage gave a brief summary of the points in the agreement (see Exhibit A for full text of agreement). Mr. LeSage requested that Council consider scheduling a hearing on the Morro Avenue Extension so that if approved this can be part of the agreement. Staff is also meeting with representatives of the Boating and Wildlife Conservation and would like to suggest.that two council members be named to attend this meeting. There was a brief discussion on the agreement itself.. MOTION: Mayor Pro-Tem Lemons moved that the Tidelands Agreement be approved in concept, that a hearing be scheduled on the.Morro Avenue Extension, and that Rodger Anderson and Herminia Ward represent the Council on the development of the park at a meeting scheduled for 04/28/81. This was seconded by Councilman Anderson and carried on roll call vote with Councilwoman Ward agreeing with reservations. C. NEW BUSINESS C-1 PROPOSED SUPPORT OF SB 788 (PRESLEY) - CALIFORNIA SUPERFUND FOR CONTROI OF Mr. Baxter stated that this would create a California Superfund for control of hazardous materials. This would allow for a fund to clean-up toxic materials if needed. The State is attempting to pass similar legislation to help cities, etc. It is staff's feeling that this would be in our best interests to support the legislation. MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 Page Four MOTION: Councilwoman Ward moved for the support of SB 788 (Presley) and that the City Administrator ;notify local legislator's of the Council's position. This was seconded by Mayor Dorn and so carried. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1980-81. Mr. Baxter stated that in accordance with the requirements of Proposition 4, which was adopted by the voters ini1979,,the Council is required to hold a hearing prior to the adoption of a resolution which would establish the appropriation limit document. Staff has established that the City could appropriate $3.8 million that would be subject to the limitation. The City has only appropriated $3.2 million and we are well within our appropriation limit. The meeting was opened to the public for comments which were none. MOTION: Councilwoman Deutsch moved that the public hearing on this matter be closed. This was seconded by Councilman Anderson and carried unanimously by roll call vote. MOTION: Councilwoman Deutsch moved for the approval of the resolution. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. D-2 AN ORDINANCE AMENDING TITLE VII OF THE MORRO BAY MUNICIPAL CODE. First reading. Mr. Baxter stated that this ordinance deals with animal regulation and is the result of the Animal Regulation Department's effort to have a uniform animal regulation code throughout the county. However, our ordinance also includes a section on bird sanctuary. This matter was then opened to the public for comments which were none. MOTION: Councilwoman Deutsch moved for the public hearing on this matter to be closed. This was seconded by Mayor Dorn and carried unanimously by roll call vote. MOTION: Councilwoman Deutsch moved that this ordinance on animal regulations be read by title only and that this constitutes the first reading. This wasseconded by Councilman Anderson and carried unanimously by - roll call vote. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Title VII of the Morro Bay Municipal Code." D-3 PROPOSED ABANDONMENT OF SOUTH STREET BETWEEN MAIN AND MONTEREY STREETS. Mr. Baxter stated that Council first heard this matter at their meeting of January 23, 1981. The primary request is that Council close the street and create a mini -park on the site. A review of this by the Public Services and Fire Departments produced objections due to access by the Fire Department and • -0 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 Page Five the Public Services Department does not have funds allocated for such a project. The Public Services Department also feels that this street will be needed in the future.for circulation purposes. It is staff's recommendation that at such time as the street has been improved that the City install sidewalk, curb and gutter along the Monterey South Condominium project and that no further consideration of a mini -park in the area be discussed unless that association's.members provide funding for such a project. Dale Mitchell, a member of the condominium association, stated that their request was for a closure of the street, not an abandonment. He also felt that any objections of Chief Zerr's could be corrected by moving the fire hydrant. He then read a letter from former City Administrator, Murray Warden in which he states he had given his verbal agreement on this matter. Mr. Mitchell stated that he felt the City should live up to its agreement. Councilman Anderson stated that he had talked to both Murray Warden and former Planning Director Keith Gurnee on this matter. Everything was in agreement with what Mr. Mitchell stated except that the funding for the project was not mentioned. Jim McMullen, developer of.the project and stated that the payment of the project was request for a streets: losure. president of the condominium association, never discussed since this was a simple There was a lengthy discussion on this matter by all parties concerned. MOTION: Mayor Pro-tem Lemons moved that the hearing on the closure of South Street between Main and Monterey be closed. This was seconded by Councilman Anderson and so carried. MOTION: Councilwoman Deutsch moved that, after assurances from the Fire and Public Services Department, staff meet with the developer to establish a line where closure would begin and end and that the owners of the property can plan a mini -park and maintain it. She further moved that when and if this area is ever made a street that the City pay for the curbs, gutters and sidewalks. This motion died because of a lack of a second. MOTION: Councilwoman Ward moved that the street remain as a street and that curbs, gutters and sidewalks be provided as soon as possible and be included in the next fiscal year's budget. This motion died because of a lack of a second. MOTION: Mayor Pro-Tem Lemons moved that at such time as the street has been improved, that the City install sidewalk, curb and gutter along the Monterey South Condominium project and that no further consideration for a mini -park in this area be discussed unless the association members provide funding for -such a project. This was seconded by Councilman Anderson but failed on a roll call vote ;(Anderson - yes; Detusch - no; Dorn - no; Lemons - yes; Ward - no). • MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1981 Page Six MOTION: Councilwoman Deutsch moved that this matter be held in abeyance until the July 13, 1981 meeting. This was seconded by Mayor Pro-Tem Lemons and so carried. D-4 CONSIDERATION OF THE MORRO BAY LOCAL COASTAL PROGRAM REVISIONS AS IT Mr. Baxter stated that this matter is being brought to Council as a follow-up to the decision Council made earlier this month to accelerate the updating of the Land Use Element of the Local Coastal Plan. The County of San Luis Obispo is currently.preparing their Local Coastal.Program and it has not had the benefit of any input from the City regarding any changes that may be taking place. There- fore, it is in the City's best interest to inform the County that major changes will be made in the draft document and that the draft should not be relied upon as an ultimate source of policy on the City's Local Coastal Program. The City also wishes to exercise their legitimate leadership role in preparing planning documents for the area surrounding the City's boundaries. Related to this are the City's sphere of influence application currently before the Local Area Formation Commission and the Brown & Caldwell report which has been just recently made available. There is clear authority provided to the City by the State Legislature for the City to plan for more than its appropriate limits. To this degree, the City needs to inform the County it should anticipate certain changes in the final Local Coastal Plan. There is also attached for Council's information are correspondence from Mr. Ray Gallo which also relates to this matter and indicates his suggestions regarding particular planning areas. Mayor Dorn felt that a letter with strong wording should be sent to the Board of Supervisors reiterating the Council's prior position. Mr. Ray Gallo stated that he would like to support staff in its request and ask that Council direct staff to take some action to work with the County Local Coastal Planner and County Board of Supervisors to take such action to get the areas concerned with in Morro Bay's own plan. If two public entities agree on the area concerned, the Coastal Commission will receive the decision between public entites. However, they will make the decision if we can't agree and Morro Bay will not have jurisdiction. He felt that if the Council reiterates its previous stand and lobbys this to make sure Morro Bay's interests are protected, we can get whatever area the City feels. is necessary in'its plan. Mayor Pro-Tem Lemons felt that this was a request for the change in an urban reserve line and not a proposed annexation. This is strictly to protect Morro Bay's resources. MOTION: Mayor Pro-Tem Lemons moved that staff write a letter and inform the County Staff and County Board of Supervisors of the City's intent to make major revisions in the draft Local Coastal Plan and to exercise our legitimate leadership role in preparing planning documents for the area surrounding the City's boundaries. This was seconded by Councilwoman Deutsch and so carried. MORRO BAY CITY COUNCIL • REGULAR MEETING - APRIL 27, 1981 Page Seven D-5 REQUEST OF YVETTE PIERCE ESTATE FOR CHANGE IN NAME ON LEASE SITES 67 AND 67W. Mr. Baxter stated that staff had received a request from Gilbert Woolway, attorney representing the estate of Yvette Pierce, deceased. Mr. Woolway is requesting that Council approve a change in name of ownership regarding lease sites 67 and 67W to reflect the terms of the estate. Staff would recommend that Council approve the request of Mr. Woolway in that the names of Armand Viole and Ynez Viole O'Neill be listed as co -lessees of lease sites 67 and 67W. MOTION: Councilwoman Deutsch moved that the names of Armand Viole and Ynez Viole O'Neill be listed as co -lessees of lease sites 67 and 67W in accordance with the terms of the Yvette Pierce estate. This was seconded by Mayor Dorn and so carried. Councilwoman Deutsch also wanted it noted that this is strictly a change in name only and does not allow for a change of use unless;requested in the normal route through Council. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 GRAHAM'S LANDING. Mr. Baxter stated that staff has yet to receive any formal application for change of use or building permit from the lessees - Graham's Landing. The lessee has changed attorneys and all previous work has been undone. Staff has given them notice that if on or before April 30 they have not filed for a building or use permit, staff would begin "Notice to Perform Covenant." Mr. Baxter asked for Council's approval of this action. MOTION: Councilwoman Deutsch moved that a "Notice.to Perform Covenant" be filed May 1 on Graham's Landing if they have not filed the appropriate use or building permit application. This was seconded by Councilwoman Ward and passed with a majority vote with Councilman Anderson abstaining. E-2 EXECUTIVE SESSION Mr. Baxter requested an executive session to discuss "Meet and Confer" with the Council. The meeting was adjourned into executive session at 9:15 PM. Reconvened at 9:34 PM. MOTION: Mayor Pro-Tem Lemons moved for adjournment of this meeting. This.was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 9:34 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK XA by Bonita Murray, kDety Clerk C is M1 AGREEMENT WITH CITY OF MORRO BAY IT IS HEREBY AGREED by and between the CITY OF MORRO BAY, hereinafter referred to as CITY, and such of the parties defendant in those certain suits entitled City of Morro Bay, etc., et al., plaintiffs, versus Carlos C. Richards, et al., Superior Court of the State of California in and for the County of San Luis Obispo No. 47973 and City of Morro Bay, etc., et al., plaintiffs, versus M..Caratan, Inc., etc., et al., defendants, Superior Court of the State of California in and for the County of San Luis Obispo No. 49788, whose signatures appear below, hereinafter collectively referred to as PROPERTY OWNERS, as follows: 1. OGLE INTEREST: The CITY consents and agrees that the large lot west of Lots 9, 10 and 11 of Block L of the Cerrito Addition, as described on Exhibit A (OGLE parcel), may be divided into two new lots the dimensions of which are approximately 117 feet deep x 70 feet wide. It is agreed and recognized that the CITY cannot grant lot splits or subdivide parcels except pursuant to a request to and permit issued by the Planning Commission with right of appeal to the Council. A map depicting the new lots is attached hereto as Exhibit B and by this reference incorporated herein. This agreement to establish 2 lots in lieu of the existing single lot does not alter the CITY'S continuing right to change the zone of the OGLE parcel and does not constitute an assurance that the CITY will grant or deny building permits for the two new lots. It is further recognized and agreed -that the Coastal Commission -1- r. may grant or deny the creation of the two lots in lieu of the existing single lot. Whether or not the Coastal Commission grants or denies the request for an additional lot and lot lire adjustment this agreement will remain in full force and effect. 2. ACCESS AND FENCING: a. It is agreed that those PROPERTY OWNERS whose westerly boundaries, as fixed and determined by the Boundary Line Agreement referred to in paragraph 9 hereof, are adjacent to the east side of the existing pavement of that public roadway commonly known as the Embarcadero, and their heirs, assigns, successors in interest and lessees of such upland parcels, shall have reasonable vehicular and pedestrian access to and from such roadway in its present location, as described in Exhibit A-1 attached hereto and incorporated by reference herein, in its current condition. b. It is understood, however, that such right is limited to normal access to and from the Embarcadero as a public roadway and does not include any right to occupy and use any lands lying between the agreed boundary line constituting the westerly boundaries of such PROPERTY OWNERS' lands and the Embarcadero, for any other purposes whatsoever. C. It is further understood that notwithstanding this agreement, the PROPERTY OWNERS shall comply with any and all generally applicable governmental requirements concerning the opening of curbs for vehicular driveways. Said access right is r not intended and shall not be construed to be an implied right to construct improvements necessary for access, it being understood by the parties to. this agreement that the construction of any improvements is subject to then existing CITY law, including zoning and permit processes, then existing overriding State law, including jurisdiction of the Coastal Commission, and possible building or construction moratoria. d. Certain PROPERTY OWNERS have requested that a fence be constructed. With respect to the PROPERTY OWNERS who sign this agreement, CITY agrees to construct a 6 foot high chain link fence along the agreed boundary line extending south from the northerly line of the RUBIN parcel (Lots 1 and 2,. Block L, Cerrito Addition), providing gates for pedestrian access where the PROPERTY OWNERS designate and further providing a gate for vehicular access in the area designated by HAWORTH/RICHARDS (Lots 3 and 4, Block 1, Morro Rock Park) and a gate for vehicular access in the area designated by GRANNELL (Lots 2 and 3, Block Ny Cerrito Addition). The designation of openings will . occur prior to construction of the fence. The chain link fence will include redwood slats. The chain link fence will run along the agreed boundary line to its intersection with the existing east/west chain link fence located along the northerly boundary of the area to be leased to HAWORTH/RICHARDS and referred to in paragraph 8 hereof. 0 r e. The CITY will not replace the existing chain link fence along the northerly boundary of the area to be leased to HAWORTH/RICHARDS unless they request such a replacement. Any replacement chain link fence will be in the same location as the existing chain link fence. f. In the event CITY elects to establish a pedestrian walkway in the area west of RICHARDS/HAWORTH/KOLB, Lots 3, 4, 5, 6 and 7, Block 1, Morro Rock Park, CITY agrees to install and extend the chain link fence along the easterly edge of the area reserved by the CITY, and provide gates for pedestrian access. g. The CITY agrees to allow the PROPERTY' OWNERS to post "Private Property" or. "No Trespassing" signs on the fence constructed by the CITY. 3. PROVISIONS APPLICABLE TO ALL OWNERS The following provisions apply to PROPERTY OWNERS who sign this agreement and the documents necessary to implement this agreement: a. With respect to the area west of the parcels of the PROPERTY OWNERS signing this agreement only, the CITY agrees to use its best efforts to improve the existing park in the area west of the agreed boundary line and south of the southerly line of Olive Street to the existing east/west chain link fence approximately 100 feet south of the launch ramp area, hereinafter referred to as "the park area". In connection with such effort CITY agrees to amend the Land Use Element of the Ceneral Plan to reflect that -4- 0 .. • the park area will be used for park purposes (includes berthing for sports fishing, party boats, commercial, recreational and pleasure boats). Further, the CITY contemplates submitting a Local Coastal Plan for ultimate approval by the Regional and State Coastal Commissions. The CITY agrees that the above -described area will be designated as a park on the Local Coastal Plan as submitted by the CITY for consideration by the Regional and State Coastal Commissions. Finally, CITY• agrees to use its best efforts to secure grant funding from Federal and State sources for the improvement of the existing park and CITY agrees to improve the existing park when such funding becomes available provided that CITY'S required contribution from CITY funds does not exceed twenty percent of the total cost of park development and land acquisition. The term "park" includes the existing launch ramp, boat docks, parking, restrooms and other existing improvements, berthing for sports fishing, party, commercial, recreational and pleasure boats and expansion of all of these facilities. b. It is agreed and recognized that the CITY does not have the, legal right to enter into a binding perpetual contract (as opposed to a contract for a thirty year term) regarding future use of public property and specifically the CITY cannot bind future Councils regarding the use of the.park area, the Local Coastal Plan designation for the park area, the -5- designation on the Land Use Element of the General Plan, or the Land Use designation for the park area, the zoning of the park area or other policies affecting the park area. It is recognized that the CITY cannot agree that the use of the park area will be for park use in perpetuity. It is further recognized that the CITY does have the right to and CITY does agree and bind itself for a thirty year term that the property will be used for park purposes, and the CITY agrees and recognizes that this paragraph 3 constitutes a binding covenant on the CITY enforceable by the adjoining PROPERTY OWNERS and the public generally for a thirty year term commencing from the date this agreement is. signed by all parties that the park area will be used for park purposes as herein defined for the agreed thirty year term. The term "park" includes the existing launch ramp, boat docks, parking, restrooms and other existing improvements, berthing for sports fishing, party, commercial, recreational and pleasure boats. and expansion of all of these facilities. The CITY does agree to designate the park area for park purposes on its existing Land Use Element of the General Plan and does agree to designate the area for park purposes on the CITY'S draft of the Local Coastal Plan to be submitted by the CITY to the Regional and State Coastal Commissions. The CITY agrees to promptly and diligently pursue the above -described steps. C. It is recognized and agreed in connection with park use that the existing launch ramp, boat docks and side ties for sports fishing, party, commercial, recreational and pleasure boats, restrooms, parking area and other improvements will remain and that CITY may, in its discretion, expand these uses, i.e. the CITY may, at its option, elect to expand the boat docks and launch ramp and construct additional boat docks and parking area, and it is further recognized that with or without this provision the CITY would, as a matter of law, have the right to expand, add to or alter such uses so long as such expansion or alteration is consistent with the park use as herein defined for the agreed thirty year term commencing with the date this agreement is signed by all parties. d. The PROPERTY OWNERS also recognize that the Regional and State Coastal Commissions can require changes in the Local Coastal Plan that are inconsistent with recommendations of the CITY and that the Local Coastal Plan as ultimately approved by the Regional and State Coastal Commissions will override the CITY'S proposed Local Coastal Plan and will override the CITY'S land use designations and zoning. It is further recognized that the CITY'S Land Use Element of the General Plan and zoning must be consistent with the Local Coastal Plan as finally approved by the Regional and State Coastal Commissions. If such changes are required by the Regional or State Coastal Commissions or other State Agencies having overriding jurisdiction,. 7- this agreement shall nevertheless remain in effect. In all events the CITY does agree and bind itself that the park area will be used for park purposes for thirty years commencing from the date this agreement is signed by all parties. That is, the park area will be used for park purposes as herein defined whether or not the Local Coastal Plan allows a different use. 4. Except as herein provided with respect to the CITY'S binding agreement that the park area will be used for park purposes for a term of thirty years commencing from the date this agreement is signed by all of the parties including the CITY, it is agreed and recognized that the CITY does not have the legal right to enter into a binding contract regarding future use of public property and specifically the CITY cannot bind future Councils regarding ordinances and other regulations relating to public use of the park area, the Local Coastal Plan or other policies affecting the park area. Subject to the foregoing, however, the CITY does agree, as a natter of policy, as follows: a. With -respect to the area west of the property owned by the PROPERTY OWNERS signing this agreement, the CITY agrees not to allow overnight camping and agrees that the area will be posted "No Overnight Camping". The CITY agrees to post the area and agrees not to allow overnight parking except as associated with or related to fishing or use of the adjoining docks, slips, or side ties. b. The CITY agrees that the trees and shrubs in the area west of the property of the PROPERTY OWNERS -8- signing this agreement will not be unreasonably high so as. to obstruct the view of the adjoining PROPERTY OWNERS. C. The CITY agrees to underground all new utilities installed in the area west of the property owned by the PROPERTY OWNERS signing. this agreement and further agrees that in the event the existing power lines east of the agreed boundary line are removed from their existing location, they will also be undergrounded. It is further recognized and agreed by the PROPERTY.OWNERS that CITY is reserving and the PROPERTY OWNERS agree to grant an easement for maintenance, repair and replacement of the existing utility lines that are presently located east of the agreed boundary line. Whenever requested by the CITY, the PROPERTY OWNERS agree to execute the necessary easement documents to establish an easement for the repair, maintenance, and replacement of the existing utility lines. d. CITY agrees to remove the existing fish cleaning facilities and agrees to relocate the existing fish cleaning facilities in an area north of the existing launch ramp and north of Station 42 as designated on the Tidelands settlement map, Exhibit G. 5. SIDE TIES AND/OR SLIPS: It is understood, subject to the limitations set forth herein, that the CITY agrees to grant certain designated PROPERTY OWNERS priority rights to lease a portion of the water area adjacent to or near the park M 0 • area for berthing a total of five (5) recreational boats at either side ties or slips, or a combination of side ties and slips. The rights shall be exercised as follows: a. The priority rights for leasing recreational boat berthing sites are limited to that portion of the water area located south of the westerly extension of South Street and north of the westerly extension of the south line of the KOLB parcel, Lot 7, Block 1, Morro Rock Park. b. The priority rights for leasing recreational boat berthing sites or slips are allocated to the following designated PROPERTY OWNERS for use in connection with their ownership of the designated upland parcels: (1) CHARLES OGLE -for the use of Lot 3, Block L, Cerrito Addition; (2) CHARLES OGLE -for the use of Lot 4, Block L, Cerrito Addition; (3) JAMES J. and EMMIE L. HAGENBACK-for the use of Lots 5 and 8, Block L, Cerrito Addition; (4) CHARLES OGLE -for the use of Lots 9, 10 and 11, Block L, Cerrito Addition; (5) VERNON NELSON -for the use of Lot 13, Block L, Cerrito Addition. The reference to lot numbers includes those parcels westerly of the east/west extensions of the northerly and southerly lines of the above described lots to the agreed boundary line all as more -10- particularly described on Exhibit I. c. The leaseholds for recreational boat sites are for the personal use of the designated PROPERTY OWNERS for twenty-five (25) years after this agreement is signed by all parties and are not subject to assignment or subletting, except that the leases of the water area may be assigned to successive purchasers or grantees of the designated PROPERTY OWNER'S upland parcel or his grantees; heirs or successors in interest to the designated upland parcel or lessees of such upland parcel. d. The boat berthing site shall be used by the designated PROPERTY OWNER, or his grantees, heirs, successors in interest or lessees of such upland parcel under subparagraph c hereof, only for a boat owned and used by such PROPERTY OWNER or his grantees, heirs or successors in interest to the designated upland parcel or lessees of such upland parcel and for no other purpose. e. The terms and conditions of the leases for recreational boat berthing sites shall be consistent with standard CITY leasing practices and the standard CITY lease form, a copy of which is attached to this agreement as Exhibit F. The designated PROPERTY OWNERS agree to promptly execute the leases when they are prepared by the CITY. Any individual owner may quitclaim his interest in a lease.at any time and upon delivery of such quitclaim be released from any further lease or construction cost obligations. f. The CITY shall have the exclusive discretion to determine which one or combination of. the alternative approaches set forth in subparagraphs g, h. and i hereof shall be used to provide the total of five recreational boat berthing sites for the designated PROPERTY. OWNERS. g. SIDE TIES: (1) The CITY contemplates construction of side ties in the area north of the existing docks near the launch ramp. If funding is received from Federal and State sources for the necessary dredging and construction of side ties, and in the event the side ties are constructed, and if CITY elects to provide side ties in lieu of a lease site or lease sites for slips; the CITY agrees to grant priority rights to designated PROPERTY OWNERS to lease a total of up to five (5) side ties for recreational boats only. (2) In the event any designated PROPERTY OWNER does not own a recreational boat and is not using a side tie, the CITY shall have the right to lease such side tie to a third party until such time as the PROPERTY OWNER notifies the CITY that he does in fact own a boat and wants to make use of such side tie. If the CITY is leasing such.side tie to a third party, the PROPERTY OWNER shall give the CITY at least sixty (60) days prior written notice of his intention to use such side tie. -12- 0 (3) A designated PROPERTY OWNER who leases a side tie under this subparagraph agrees to pay the CITY'S actual cost for the side tie prorated over the twenty-five (25) year lease term only during the time of use by the PROPERTY OWNER. Such actual cost includes the out-of-pocket construction cost of the side tie, the portion of the dredging cost attributable to the side tie, and the interest expense incurred by the CITY for such construction and dredging costs. Such rental, once established, shall remain in effect and shall not be increased or decreased during the twenty-five year lease term. Leasehold payments shall be made to the CITY annually. (4) This subparagraph regarding priority rights. to lease side ties does not constitute an assurance that side ties will be constructed, and it will become effective only when and if and to the extent that the CITY is funded from Federal and State sources for and when CITY in fact at its option provides side ties in the area described in subparagraph a hereof. The CITY has no obligation to construct such side ties unless necessary funding from Federal and State sources is provided. h. SLIPS; (1) The CITY reserves the right, at its option, in lieu of leasing all or a portion of the five (5) side ties referred to in subparagraph g -13- hereof, to lease to the designated PROPERTY OWNERS for twenty-five (25) year terms an area or areas where up to a total of up to five (5) slips for recreational boats, when combined with the side ties furnished, can be constructed. (2) In the event the CITY -elects to provide such an area or areas, the designated PROPERTY OWNERS who have the right to such slips agree to pay for and construct such slips and perform necessary dredging within one year of the date that all necessary permits are obtained to construct such slips. The designated PROPERTY OWNERS agree to promptly apply for and diligently pursue necessary permits. (3) If a designated PROPERTY OWNER constructs such slip at his own cost, he shall pay an annual rental based on six percent (6%) of the agreed value of the leased water area which is $5.00 per square foot. The rent as so established shall remain in effect and shall not be increased or decreased during the twenty-five year lease term and shall not be increased. (4) In the event CITY elects to lease a slip area or slip areas , the CITY reserves the right to construct the slips and charge a rental based on the CITY'S actual cost prorated over the twenty-five (25) year lease term. Such actual cost includes the out-of-pocket construction cost of the slips, the portion of the dredging costs -14- attributable to the slips, and the interest expense incurred by the CITY for such construction cost and dredging cost. The rental, once established, shall remain in effect and shall not be increased or decreased during the twenty-five year lease term. Leasehold payments shall be made to the CITY annually. i. If the CITY does not construct side ties, as referred to in subparagraph g hereof, and elects not to provide a lease area or areas for slips, as referred to in subparagraph h hereof, the CITY shall make an area or areas available for construction of five side ties and necessary dredging, both of such costs to be at the designated PROPERTY OWNERS' own expense. If a designated PROPERTY OWNER constructs such side tie at his own expense, he shall pay an annual rental based on six percent (6%) of the agreed value of the leased water area which is $5.00 per square foot. The rental so established will remain in effect and shall not be increased or decreased during the twenty-five (25) year lease term. j. Irrespective of the causes of any delays in constructing side ties and/or slips pursuant to this agreement, it is agreed and understood that both the priority rights and the leaseholds for recreational boat berthing sites shall terminate twenty-five (25) years after the date on which this agreement is signed by all of the parties. -15- 6. With respect to the RUBIN parcel, Lots 1 and 2, Block L, Cerrito Addition, the CITY agrees that in the event Morro Avenue is extended the Morro Avenue extension will not intrude on the RUBIN parcel to any extent greater than the approximate location of the toe or base of the existing bluff along the westerly side of the RUBIN parcel. The CITY further. agrees that it will not ey.tend Olive Avenue in an east/west direction so as to establish Olive Avenue as the access road to the park area in lieu of Morro Avenue except that Olive Avenue may still connect with Morro Avenue. The CITY agrees and recognizes that this paragraph 6 constitutes a binding covenant on the CITY enforceable by the adjoining PROPERTY OWNERS and the public generally for a twenty-five year term commencing from the date this -agreement is signed by all parties. The PROPERTY OWNERS reserve the right to object to the extension of Morro Avenue at the time the Council considers such extension. 7. It is agreed that an encroachment permit, attached as Exhibit C, will be granted to ELENOR KOLB for the existing improvements presently located west of the agreed boundary line. The encroachment permit will be granted for a term not to exceed twenty-five (25) years. It is expressly agreed that no new improvements will be constructed in the encroachment area. ELENOR KOLB agrees to maintain the existing seawall. The CITY shall have the right to construct a pedestrian walkway and fence in the encroachment area. The encroachment area includes the existing improvements presently located in the area west of Lot 7, Block 1, Morro Rock Park, and a small portion of the area west of the southerly quarter of Lot 6,. Block 1, Morro Rock Park. The encroachment area is described -16- a a on Exhibit D. 'CITY reserves the right to establish lateral access across the area subject to the encroachment permit by constructing a pedestrian walkway utilizing the encroachment area. 8. It is agreed that, subject to the limitations and reservations set forth herein the CITY shall enter into leases with CARLOS C. RICHARDS, E. H. RICHARDS, R. H. HAWORTH and ELENOR KOLB, for the area of land described in Exhibit E attached hereto and incorporated by reference herein, hereinafter referred to as "Lease Parcel", for a term not to exceed twenty-five (25) years, for consideration of an amount per annum which will be six percent of the agreed value of the leased area which is $3.00 per square foot, and according to other terms, covenants and conditions as specified in the Lease form attached hereto as Exhibit F. The rent as so established will remain in effect for the twenty-five (25) year lease term and will not be increased or decreased during the lease term. The "Lease Parcel" description is to be derived from field survey and tied to monuments of record. The Lease Parcel is generally that area southerly of the existing east/west chain link fence as depicted on the Map attached hereto as Exhibit G. It is expressly agreed that no new improvements may be constructed by H2V,+7ORTH/RICHARDS/KOLB or their heirs, successors in interest or assigns on the Leased Parcel during the term of said lease. The Lease Parcel includes a ten (10) foot wide area along the existing shoreline described in Exhibit H. The ten foot wide lateral public access way is reserved to the CITY for use by the CITY at its option and election as a lateral -17- access way for the public and.for passive recreational use. CITY reserves the right to attach improvements to an existing or a replacement seawall. CITY further reserves in the Lease Parcel an access way for the replacement, repair and maintenance for the existing sewer line located south of the HAWORTH/RICHARDS chain link fence. When and if the CITY elects to utilize the ten (10) foot wide lateral access way, the area that is used shall be excluded from the lease rental. To the extent that the lateral access area is used to provide access for the PROPERTY OWNERS for boat slips as described in paragraph 5 the PROPERTY OWNERS leasing the boat slip area will pay their pro rata portion of the lease rental for that portion of the ten (10) foot wide lateral access area that is used.for access to their slips. A map depicting the ten (10) foot wide access way is attached as Exhibit G. HAWORTH/RICHARDS and/or KOLB or their successors in interest may quitclaim their interest in all or any portion of a Leased Parcel and shall at any time upon delivery of such quitclaim be released from any future lease obligations on the portion of the area quitclaimed. In the event of a partial quitclaim lease rental will be reduced on a pro rata basis based on the number of square feet retained as a pro rata portion of the number of square feet quitclaimed. HAWORTH/RICHARDS/ROLB consent and agree to a lease for up to five boat slips between the CITY and the designated PROPERTY OWNERS consistent with the terms set forth in paragraph 5 of this agreement. The area leased jointly to HAWORTH/RICHARDS includes the area north of the existing six inch block wall which is located approximately at the westerly 0 extension of the northerly line of Lot 5, Block 1, Morro Rock Park, being adjacent to property of ELENOR KOLB. HAWORTH/RICHARDS will mutually agree regarding allocation of access and use and the lease will be signed with them jointly. The purpose of said lease is to enable HAWORTH/PICHARDS and their heirs, assigns and successors in interest of the adjoining fee parcel to use the Lease Parcel for reasonable access to and from that public roadway commonly known as the Embarcadero and to maintain, repair, and to use existing improvements located on the Lease Parcel. HAWORTH/RICHARDS further recognize that they do not own or have any rights to the area west of the, agreed boundary line except as lessees as provided in the lease to HAWORTH/RICHARDS. HAWORTH/RICHARDS further consent.and agree to construction of up to five (5) slips in the water area west of the leased area for private recreational boats and access for such slips. b. The area south of the existing six.inch block wall will be leased to KOLB alone. The purpose of said lease is to enable KOLB and heir heirs, assigns and successors in interest of the adjoining fee parcel to use the Lease Parcel to maintain, repair, and to use existing improvements located on the Lease Parcel. The area south of the existing block wall refers generally to that area which is established by the westerly extension of the northerly line of Lot 5, Block 1, Morro Rock Park and is bounded on the south by the -19- agreed boundary line as depicted on the map attached as Exhibit G. KOLB consents and agrees that she does not own or have any rights to the area west of the agreed boundary line except as lessee as provided in the lease to KOLB. KOLB further consents and agrees to. construction of up to five (5) slips in the water area west of the leased area for private recreational boats and access for such slips. C. In connection with the construction of slips CITY retains and KOLB, HAWORTH and RICHARDS agree to permit access for construction, maintenance and repair of such slips and agree to permit necessary ties to the existing or a replacement revetment. KOLB, HAWORTH and RICHARDS agree to permit access in the area of the ten foot wide lateral access way to provide access to proposed recreational boat slips for the PROPERTY OWNERS as provided in paragraph 5 and to provide access for the construction, maintenance and repair of such recreational boat slips. Notwithstanding the foregoing, except as to the five slips allocated to the PROPERTY OWNERS, KOLB, PICHARDS, HAWORTH, HOOVER, and GRANNELL reserve the right to object to the installation of boat slips or other docking facilities between the boat launch ramp and the westerly extension of the southerly boundary of the KOLB property, Lot 7, Block 1, Morro Rock Park. 9. The PROPERTY OWNERS signing this Agreement agree to simultaneously sign a Boundary Line Agreement for the purpose of describing and settling the agreed boundary line between -20- their parcels and the property held in trust by the CITY and further agree that a judgment may be entered in San Luis Obispo County Superior Court Action Number.47973 entitled CITY OF MORRO BAY, etc., et al., Plaintiffs, v. CARLOS C. RICHARDS, et al., Defendants and San Luis Obispo County Superior Court Action Number 49788 entitled CITY Or MORRO BAY, etc., et al., Plaintiffs, v. M. CARATAN, INC., etc., et al., Defendants in favor of Plaintiffs and against said Defendants which judgment shall finally establish the ordinary high water mark as it existed in its last natural condition in accordance with the terms of the Boundary Line Agreement, it being the intent of the parties that the aforesaid agreed boundary line shall be permanent and fixed and not subject to change by reason of erosion or accretion. This agreement is entirely separate from and is entirely independent of the Boundary Line Agreement and the Boundary Line Agreement will remain in full force and effect whether or not the CITY complies with the terms of this agreement. It is understood and agreed that the Boundary Line Agreement will control in the event there is any conflict between the provisions of the Boundary Line Agreement and this agreement The PROPERTY OWNERS' sole remedy under this agreement is to seek legal enforcement of the terms of this agreement. 10. The parcels of the PROPERTY OWNERS signing this agreement are described on Exhibit I attached hereto and by this reference incorporated herein. 11. Except as provided in paragraph 12 herein, this agreement shall be effective when signed by each of the parties -21- hereto, and shall be binding upon and inure to the benefit of the heirs, assigns and successors in interest of the parties hereto. 12. a. It is agreed and understood that the CITY reserves the right not to accept this agreement with all or any of the PROPERTY OWNERS unless all of the PROPERTY OWNERS of the parcels included in San Luis Obispo Superior Court Actions 47973 and 49788 other than CARATAN sign this agreement and the Boundary Line Agreement. If some but not all of the PROPERTY OWNERS sign this agreement and the Boundary Line Agreement, the CITY may, at its option, elect not to accept this agreement as to some or as to all of the PROPERTY OWNERS who have .signed. This agreement will not benefit and does not apply to PROPERTY OWNERS not signing this agreement, nor does it apply to property west of the parcels of PROPERTY OWNERS not signing this agreement. This agreement shall not become effective until and unless it is approved by the CITY Council and executed by the Mayor and CITY Clerk. This agreement cannot be modified except by express written agreement approved by the CITY Council and signed by the Mayor and CITY Clerk. It is further recognized and agreed that after this agreement is signed by all of the PROPERTY OWNERS, the CITY reserves the right not to sign or accept this agreement until it is assured of funding for park purposes and further that the CITY reserves the right not to accept or sign this agreement -22- 0 until approved by a majority of the Council after public hearings are conducted regarding the proposed settlement terms including this agreement. In all events the CITY will either execute this agreement or elect not to accept this agreement on or before April 30, 1932. b. All parties hereto agree to execute all other documents necessary to accomplish the purposes and intent of this agreement. All private parties to this agreement represent that they are the owners of record and that they are authorized to sign this agreement. c. All provisions of .this agreement to be performed after close of escrow shall be severable and shall be separate and distinct from the remaining provisions of this agreement. d. This agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original and as if all of the parties to the aggregate counterparts had signed the same instrument. Any signature page of this agreement may be detached from any counterpart of this agreement without impairing any signature thereon and may be attached to another counterpart of this agreement identical in form hereto but having attached to it one or more additional signature pages. In the execution of this agreement, each party hereto shall furnish such acknowledgments and certificates as may be -23- N N necessary to permit the recordation of this agreement in the Office of the San Luis Obispo County Recorder. e. If this agreement does not become effective, no statement as to the matters agreed upon within it shall constitute an admission on the part of any party, in the aforementioned Actions 47973 and 49788 in the San Luis Obispo County Superior Court, in. any other judicial proceeding or in any other matter. This agreement does not constitute an admission by any party with respect to any lands or parcels not the subject hereof. IN WITNESS WHEREOF, the parties to this agreement have executed the same as of the date set forth below. CITY OF MORRO BAY A Municipal Corporation Date: BY• WARREN DORN, Mayor Date: BY• PAUL BAXTER, City Clerk The undersigned hereby join in the above Agreement with the CITY of Morro Bay as a party in interest, ratify it, and. agree to be bound by the provisions contained herein. Date: M. CARATAN, INC. A California Corporation M 9 Date: CARLOS C. RICHARDS Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: M M ELIZABETH H. RICHARDS RUTH H. HAWORTH ELENOR KOLB WALTER E. RUBIN WINIFRED RUBIN CHARLES E. OGLE LOUISE M. OGLE NADINE E. RICHARDS VERNON C. NELSON WILLIAM M. G.RANNELL NARVIN HOOVER GLADYS A. YOUNG, as Administrator of the Estate of MONTE YOUNG GLADYS A. YOUNG, also known as LILY GLADYS YOUNG JAMES J. HAGENBACK EMMIE L. HAGENBACK -25- N N APPROVED AS TO FORM AND LEGALITY: MICHAEL T. LeSAGE A PROFESSIONAL CORPORATION BY: MICHAEL T. LeSAGE OGLE, GALLO & MERZON BY• CHICFERING & GREGORY BY• STATE.OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, the undersigned, a Notary Public in and for. said State, personally appeared WARREN DORN, known to me to be the Mayor. and PAUL BAXTER, known to me to be the City Clerk of the Municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the Municipal corporation therein named, and acknowledged to me that such Municipal corporation executed the within instrument pursuant to a resolution of its CITY Council_. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) O» _ before me, the undersigned, a Notary Public in and for said State, personally appeared known to rue to be the President and }mown to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged -26- 40 71 to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF On Public in and for known to me to be acknowledged to me (Name typed or printed) Notary Public in and for said County and State ss. before me, the undersigned, a Notary said State, personally appeared CARLOS C. RICHARDS, the person that executed the within instrument, and that he executed the same. . WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ss. COUNTY OF On _ before me, the undersigned, a Notary Public in and for said State, personally appeared ELIZABETH H. RICHARDS, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF (Name typed or printed) Notary Public in and for said County and State ss. -27- N On — before me, the undersigned, a Notary Public in and for said State, personally appeared RUTH H. HAWORTH, known to me to be the person that executed the within instrument,.and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared ELENOR ROLB, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ss. COUNTY OF On _ before me, the undersigned, a Notary Public in and for said State, personally appeared WALTER E. RUBIN, known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA (Name typed or printed) Notary Public in and for said County and State COUNTY OF ss. M 00 On before me, the undersigned, a Notary Public in and for said State, personally appeared WINIFRED E. RUBIN, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On Public in and for to me to be the acknowledged to me before me, the undersigned, a Notary said State, personally appeared CHARLES E. OGLE, known person that executed the within instrument, and that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared LOUISE N. OGLE, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF (Name typed or printed) Notary Public in and for said County and State ss. ) -29- ►qv 1 Lei On before me, the undersigned, a Notary Public in and for said State, personally appeared NADINE E. RICHARDS, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared VERNON C. NELSON, known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. FITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF (Name typed or printed) Notary Public in and for said County and State ss. ) On _ _ before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. GRANNELL, Known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) On -- before me, the undersigned, a Notary —30- N Public in and for said State, personally appeared MARVIN HOOVER, known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ss. COUNTY OF On _ before me, the undersigned, a Notary Public in and for said State, personally appeared LYDA HOOVER, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF' CALIFORNIA ss. COUNTY OF On _ before me, the.undersigned, a Notary Public in and for said State, personally appeared GLADYS A. YOUNG as Administrator of the Estate of MONTE YOUNG, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same as such Administrator. WITNESS my hand and official seal STATE OF CALIFORNIA (Name typed or printed) Notary Public in and for said County and State ss. COUNTY OF -31- of we On before me, the undersigned, a Notary Public in and for said State; personally appeared GLADYS A. YOUNG, also known as LILY GLAD`iS YOUNG, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) On Public in and for known to me to be acknowledged to me _ before me, the undersigned, a Notary said State, personally appeared JAMES J. IIAGENBACK, the person that executed the within instrument, and that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) COUNTY OF > On Public in and for known to me to be acknowledged to me before me, the under.signed,,a Notary said State, personally appeared EMMIE L. RAGENBACR, the person that executed the within instrument, and that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -32- MORRO BAY BOUNDARY LINE AGREEMENT BLA THIS BOUNDARY LINE AGREEMENT is made and entered into by and between the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (hereinafter referred to as "the State"), the CITY OF MORRO BAY (hereinafter referred to as "the City"), and the undersigned private parties (hereinafter collectively referred to as "Property Owners"). W I T N E S S E T H• WHEREAS, the State of California received title to the tidelands and submerged lands within the State upon being admitted to the Union in 1850 by virtue of its sovereignty and until 1947 was the owner of certain tide and submerged lands located within the present corporate city limits of the City of [Morro Day; and WHEREAS, the State of California granted to the County of San Luis Obispo and to its successors certain tide and submerged lands, in trust, pursuant to the provisions of Chapter 1076 of the Statutes of 1947, as amended by Chapter 413 of the Statutes of 1955, Chapter 1874 of the Statutes of 1957, and Chapter 70 of the Statutes of 1960, First Extraordinary Session, for the purposes, uses and conditions and reservations . -1- set forth in all of said statutes; and WHEREAS, the City of Morro Bay, a municipal corporation, was incorporated as a general law city of the State of California on July 17, 1964, and thereupon and on said date succeeded to all of the right, title and interest of the County of San Luis Obispo in and to said granted tide and submerged lands subject to all of the terms, conditions, exceptions and reservations as set forth in said statutes; and WHEREAS, the State is the owner of the reversionary interest in said granted tide and submerged lands now held in trust by the City; and WHEREAS, the Property Owners appear of record as owners of certain uplands along the subject portion of the easterly shore of Morro Bay within the City; and WHEREAS, the State is authorized by Section 6357 of the Public Resources Code to establish by agreement the ordinary high-water mark of the tide or submerged lands of the State, whenever it is deemed expedient or necessary; and WHEREAS, the City and the State may resolve uncertainties as to the common boundary between publicly owned tidelands and privately owned uplands by entering. into boundary line agreements under the authority of Muchenberoer v. City f Santa Monica (1929) 206 Cal 635, as reaffirmed in City of Long Beach v. Mansell (1970) 3 Cal.3d 426; and WHEREAS, the location of the ordinary high-water mark as it may have existed in its last natural condition along the subject portion of Morro Bay has been obliterated by the construction of a revetment and the placement of fill and has been affected individually or collectively by artificial and -2- natural processes; and WHEREAS, a study by the State and the City of historical. maps and other evidence indicates that the last natural position of the ordinary high-water mark along the subject portion of the easterly shore of Morro Bay can be shown with greater precision than the location delineated as the "grant line" on the heap of the Grant to County of San Luis Obispo, Sheet 2 of 5, dated September, 1957, filed September 12, 1958, in Boot: 1 at Page 2 of Miscellaneous Maps in the Office of the San Luis Obispo County Recorder; and WHEREAS, the State, the City and the Property Owners consider it expedient and necessary, and in the best interest of the State, the City, the public and the Property Owners, to make a final and permanent determination of the last natural position of the ordinary high-water mark as the common boundary between the tide and submerged lands now held in trust by the City and the uplands of the undersigned Property Owners, and to locate and describe such boundary. NOW, THERErORE, it is agreed as follows. 1. In order to locate, describe and permanently establish the true and cor-rect common boundary line between the tide and submerged lands held in trust by the City, subject to the reversionary interest of the State, and the lands of the Property Owners, it is agreed that said boundary line,' hereinafter referred to as the Agreed Boundary Line, is the ordinary high -eater mark as it existed in its last natural condition, and that the true and correct position of such Agreed Boundary Line is and shall be established as described -3- in Exhibit "A". The Agreed Boundary Line shall be plotted on ' Exhibit "B", the Record of Survey, and shall be depicted on Exhibit "C", Sketch Map of the agreement. 2. It is the express intent of all parties hereto that the Agreed Boundary Line shall be permanent and fixed and not subject to change by reason of erosion or accretion. 3. It is agreed that to the extent that the.location of the Agreed Boundary Line differs from that of any portion of the line delineated as the "grant line" on the Nap of the Grant to County of San .Luis Obispo, Sheet 2 of 5, dated September, 1957, filed September 12, 1958, in Book 1 at Page 2 of Miscellaneous Maps in the Office of the San Luis Obispo County Recorder, the Agreed Boundary Line is and shall be deemed to be the true and correct position of the easterly line of the aforementioned grant of tide and submerged lands from the State of California to the County of San Luis Obispo, which lands are now held in trust by the City, subject to the reversionary interest of the State. 4. It: is agreed that this boundary agreement is entered into for the purpose of compromising and settling the title and boundary litigation pending between the parties in City of Morro B_,y, etc.. et al.. V. Carlos C. Richards, et al., San Luis Obispo County Superior Court No. 47973, and City -QX- o Bav,_ etc.. et a �y.M. Cara_an. Inc.. etc.. et al., San Luis Obispo County Superior Court No. 49788, and that the parties hereto agree that Judgments may be entered in each of said actions as to the lands described in the Complaints therein (hereinafter referred to as the "Complaint Parcels" and depicted on Exhibit "C") finally establishing the Agreed -n- 00 Boundary Line as the true and correct position of the common boundary line between the tide and submerged lands held in trust by the City, subject to the reversionary interest of the State, and the lands of the Property Owners. 5. It is agreed that: a. The City and the State hereby agree to quitclaim, release and remise all right, title and interest by virtue of'the State's sovereign interest in and to that portion of the Complaint Parcels lying landward or easterly of the Agreed Boundary Line to the Property Owners; and b. The Property Owners hereby agree to quitclaim, release and remise all right, title and interest in and to that portion of the.Complaint Parcels lying waterward or westerly of the Agreed Boundary Line to the City and the State. 6. With respect to those private lands whose westerly boundaries, as fixed and determined by this boundary agreement, are adjacent to the east edge of the existing pavement of that public roadway commonly known as the Embarcadero, it is agreed that the Property Owners of such lands and their heirs, assigns and successors in interest shall have reasonable vehicular and pedestrian access to and from such roadway in its present location, as described in Exhibit "D" and as depicted on Exhibit "C". It is understood, however, that such right is limited to normal access to and from the Embarcadero as a public roadway and does not include such Property Owners' right to occupy and use any lands lying between the Agreed Boundary -5- 00 as Line constituting the westerly boundaries of such Property Owners' lands and the Embarcadero, for any other purposes whatsoever. It is further understood that notwithstanding this agreement, the Property Owners shall comply with any and all generally applicable governmental requirements prior to implementing such right of reasonable access, including, but not limited to, the City's requirements concerning the opening of curbs for vehicular driveways. Said access right is not intended and shall not be construed to be an implied right to construct improvements necessary for access, it being understood by the parties to this agreement that the construction of any improvements is subject to then existing City law, including zoning and permit processes, then existing overriding State law, including jurisdiction of the Coastal Commission, and possible building or construction moratoria. The granting of access rights to the Embarcadero in its existing location does not constitute an expressed or implied assurance that the Embarcadero will remain in its existing location. It is recognized and agreed that the City has the right to abandon or alter the location of the Embarcadero. 7. A11. Exhibits referred to in this agreement and attached to it are hereby incorporated within it. 8. This agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original and as if all of the parties to the aggregate counterparts had filed the same. instrument. Any signature page of this agreement may be detached from any counterpart of this agreement without impairing any signature thereon and may be attached to another counterpart of this ILI F_�j 00 agreement identical in form hereto but having attached to it one or more additional signature pages.. In the execution of this agreement, each party hereto shall furnish such acknowledgments and certificates as may be necessary to permit the recordation of this agreement in the Office of the San Luis Obispo County Recorder. 9. An escrow shall be opened by the parties to this agreement with Title Insurance & Trust Co. of San Luis Obispo for the depositing, processing, and recording of all documents necessary to effect this agreement, for complying with all present or further instructions submitted by the parties to the escrow officer, and for the issuance upon the close of escrow a standard form of CLTA Title Insurance insuring the City's and the State's interest in the parcels conveyed to the City in the sum of $500,000 and insuring the Property Owner's interest in the parcels conveyed to them in an amount equal to $10,000 per parcel. The title insurance relating to the parcels of the Property Owners will delete the existing exception relating to an assertion that some portion of said land is State tidelands or State submerged lands but will otherwise reflect existing covenants, conditions and restrictions of record. The provisions and form of such title insurance policies shall be expressly approved by the parties prior to close of escrow. The costs of escrow shall be borne by the City and the costs of title insurance for the property owners shall be borne by the Property Owners. 10. The City and State shall execute or elect not to accept this agreement on or before April 30, 1982. -7- 711 11. This agreement shall become effective upon the occurrence of the following acts: a. The execution of this agreement by the City of Morro Bay and by the State of California and by all of the private Property Owners of record unless the City and the State elect at their sole option to accept and sign this agreement if it is signed by less than all of the private Property Owners of record and, in the event any such named party voluntarily or involuntarily disposes of any interest affected by this agreement prior to the recordation of this agreement, the execution of this agreement by the heir, assign and successor in interest of such party in lieu of such party to the extent of the interest disposed of by said party. b. Entry of Judgments in the aforementioned Actions Nos. 47973 and 49788 in the San Luis Obispo County Superior Court consistent with and in accordance with the provisions of this agreement, and c. The filing of this agreement, the Record of Survey, and said Judgments in the Office of the San Luis Obispo County Recorder for recordation. In connection with this provision, the parties hereto agree to waive their time for appeal from said Judgments. Upon becoming effective, this agreement shall be binding upon and inure to the benefit of the parties executing this agreement and the heirs, assigns, and successors in interest of said parties. 12. If a Property Owner named in this agreement elects -8- 00 not to execute it at the time that the remainder of the Property Owners execute it, such non -executing Property Owner within six months of the effective date of this agreement may formally become a party to this agreement by executing a counterpart agreement. Such counterpart agreement shall amend this agreement, but solely as between the City and the State and the executing Property Owner. The executed counterpart agreement shall be deposited with the escrow agent, who shall have it recorded at the City's expense. Such executed. counterpart shall be effective upon recordation. The failure of any Property Owner named in this agreement to execute a counterpart agreement shall in no way. affect the the consideration supporting this agreement or its validity or enforceability as between the City and the State and those Property Owners who have executed and become formal parties to this agreement. 13. All parties agree to execute all other documents necessary to accomplish the purposes and the intent of this agreement. All parties to this agreement represent that they are the owners of record and that they are authorized to sign this agreement and that all of the owners of record affected by each such parcel have signed this agreement. 14. ,If this agreement does not become effective, no statement as to the matters agreed upon within it shall constitute an admission on the part of any party, in the aforementioned Actions Nos. 47973 and 49788 in the San Luis Obispo County Superior Court, in any other judicial proceeding or in any other matter. This agreement does not constitute any U 4. admission by any party with respect to any lands or parcels not the subject hereof. 15. All provisions of this agreement to be performed after close of escrow shall be severable and .shall be separate and distinct from the remaining provisions of this agreement. The failure to perform such provisions shall in no way affect the validity or consideration supporting this agreement. Nothing herein shall affect the ability of any party hereto to enforce said provisions of this agreement at law or in equity or both, however. IN WITNESS WHEREOF, the parties to this agreement have executed the same as of the date set forth below. Date: Date: STATE OF CALIFORNIA COUNTY OF SAD] LUIS OBISPO CITY OF MORRO BAY A Municipal Corporation BY• _ WARREN DORN, Mayor BY: . PAUL BAXTER, City Clerk ).ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared WARREN DORN, known to me to be the Mayor and PAUL BAXTER, known to me to be the City Clerk of the Municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the Municipal corporation therein named, and acknowledged to me that such Municipal corporation executed the within instrument pursuant to a resolution of its CITY Council. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -10- Ir THE BOUPIDARY LIKE AGREEMENT IS APPROVED AS TO FORM AND LEGALITY: MICHAEL T. LeSAGE A PROFESSIONAL CORPORATION BY: MICHAEL T. LeSAGE OGLE, GALLO & MERZON BY: CHICKERING & GREGORY BY: -11- 60 STATE OF CALIFORNIA, acting by and through the STATE LANDS COf,U4ISSION BY -12- 00 The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary Line agreement and agrees to be bound by the provisions contained herein. Date: 61. CARATAN, INC. A California Corporation BY: BY: STATE OF CALIFORNIA ) ss. COUNTY OF ) . On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President and known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -13- so The undersigned hereby join in and accept this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as parties in interest, ratify this Boundary Line agreement and agree to be bound by the provisions contained herein. Date: Date: CARLOS C. RICHARDS ELIZABETH H. RICHARDS STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me', the undersigned, a Notary Public in and for said State, personally appeared CARLOS C. RICHAR.DS and ELIZABETH H. RICHARDS, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed.or printed) Notary Public in and for said County and State -14- 00 00 The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary Line agreement and agrees to be bound by the provisions contained herein. Date: RUTH H. HAWORTH STATE OF CALIFOP.NIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared RUTH H. HAWORTH, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hard and official seal. (Name typed or printed) Notary Public in and for said County and State -15- N The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary Line agreement and agrees to be bound by the provisions contained herein. Date: ELENOR KOLB STATE OF CALIFORNIA ) ss. COUidTY OF SAPI LUIS 03ISPO ) On _ before me, the undersigned, a Notary Public in and for said Stater personally appeared ELENOR KOLB, kno,.in to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -16- so 09 The undersigned hereby join in and accept this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as parties in interest, ratify this Boundary Line agreement and agree to be bound by the provisions contained herein. Date: Date: WALTER E. RUBIN WINIFRED RUBIN STATE OF CALIFORNIA ) ss. COUNTY OF ) On __ before me, the undersigned, a Notary Public in and for said State, personally appeared WALTER E. RUBIN and WINIFRED RUBIN, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -17- 00 The undersigned hereby join in and accept this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as parties in interest, ratify this Boundary Line agreement and agree to be bound by the provisions contained herein. Date: Date: CHARLES E. OGLE 'LOUISE M. OGLE STATE OF CALIFO_RNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On _ _T before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES E. OGLE and LOUISE N. OGLE, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -18- Ln The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary.Line agreement and agrees to be bound by the provisions contained herein. Date: NADINE E. RICHARDS STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared NADINE E. RICHARDS, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal (Name typed or printed) Notary Public in and for said County and State -19- The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission.. The undersigned, as a party in interest, ratifies this Boundary Line agreement and agrees to be bound by the provisions contained herein. Date: STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On -- Public in and for to me to be the acknowledged to me VERNON C. NELSON ss. before me, the undersigned, a Notary said State, personally appeared VERNON C. NELSON, known person that executed the within instrument, and that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in an'-i for said County and State -20- The undersigned hereby joins in and accepts this Boundary Line agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary Line Agreement and agreer> to be bound by the provisions contained herein. Date: WILLIAM M. GP.ANNELL STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAMM. GRINNELL,. known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -21- The undersigned hereby join in and accept this Boundary Line Agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as parties in interest, ratify this Boundary Line .Agreement and agree to be bound by the provisions contained herein. Date. Date: MARVIN HOOVER LYDA HOOVER STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared MARVIN HOOVER and LYDA HOOVER, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -22- The undersigned hereby joins in and accepts this Boundary Line Agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as a party in interest, ratifies this Boundary Line Agreement and agrees to be bound by the provisions contained herein. Date: GLADYS A. YOUNG as Administrator of the Estate of MONTE YOUNG Date: GLADYS A. YOUNG, also known as LILY GLADYS YOUNG STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for. said State, personally appeared GLADYS A. YOUNG as Administrator of the Estate of NONTE YOUNG, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same as such Administrator. WITNESS my hand and'official seal. (Name typed or printed) Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared GLADYS A. YOUNG, also known as LILY GLADYS YOUNG, known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -23- lil I The undersigned hereby join in and accept this Boundary Line Agreement with the CITY of Morro Bay and with the State of California, acting by and through the State Lands Commission. The undersigned, as parties in interest, ratify this Boundary Line Agreement and agree to be bound by the provisions contained herein. Date: Date: JMIES J. HAGENBACK ENMIE L. HAGENBACK STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES J. HAGENBACK and EMMIE L. HAGENBACK, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State -24- PARCEL is A F'APCEL OF LAND IN THE CITY OF N:ORRU BAY, COUNTY OF SA^: LUIS OBISPO� STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED S.WTHEASTERLY BY THE SOUTMIESTERLY PP.OLOt'NGA T I ON OF THE SOUTHEASTERLY LINE OF LOT 11 IN BLOCK L OF CERRITO ADDITION To THE f04!?! OF tSORP.O AS SHOWN ON MAP FILED IN BOOK A, .PAGE '34 OF MAPSIN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOU;:DEC NORTHEASTERLY BY THE SOUTH:fESTFRLY LINE OF N.ORRO AVENUE AS SHO'.."N O: SAID MAP OF THE CERRITO ADDITION; BOUNDED i;ORTI-IPlESTERLY BY THE SOUTHVIESTERLY PROLO`1GATION OF THE NOPTH'•dESTEP.LY LINE OF LOT 9 IN BLOCI: L OF SAID CEP?I70 ADDITIOti; BOU':DED `:`ESTERLY BY THE LINE OF MEAN HIGH TIDE OF 110PRO BAY., PARCEL �: THAT PORTION OF ilOPPO AVENUE, ABANDONED IN THE CITY OF*MORRO BAY, COUNTY OF SAN LU15 U3ISP0, STATE OF CALIFORNIA, AS SFiU1v'N ON 7HE MAP OF CERRITO ADDITION TO THE TOWN OF MORRO, FILED IN BOOK A, PAGE 34 OF h'.='S IN THE OFFICE OF THE COUNTY P.ECOP.DEP OF SAID COUNTY, BOUNDED . AS F0LLC?115: BOUNDED NOP.THEASTEP.LY BY THE CENTER. LINE..OF SAID MORP.O AVENUE; BOUNDED SOUTHEASTERLY BY THE SOUTN4JESTEPLY PROLONGATION OF THE SOUTH— EASTERLY LINE OF LOT 11 II! BLOCK L OF SAID C.ERRITO ADDITION; BOUNDED i':ORTH',;ESTERLY BY THE SOUTHIIESTERLY PROLONGATION OF THE NORTH- 1:ESTE?L,' LINE OF 1.OT 9 IN BLOCK L OF SAID CERRI70 ADDITION; BOUNDED 'eiESTEP.LY BY THE LINE OF MEAN HIGH TIDE OF J�LORP.O BAY. 0 t I CITY OF MORRO BAY State of California SPECIAL ENCROACHMENT PERMIT AGRFEMF.NT 1. Applicant, hereinafter referred to as OWNER, wishes to: maintain the existing improvements located west of the agreed boundary line which are described as follows: over the undeveloped City property described on Exhibit C-1 attached hereto and by this reference incorporated herein for a period of twenty-five years from the date of this agreement. The existing improvements located west of the agreed boundary line are set forth on Exhibit C-1. 2. In consideration of OWNER'S agreement to the following, CITY grants OWNER the right to maintain said structures. a. OWNER agrees to indemnify and hold CITY free from .all liability, expense, and claim for damages by reason .of any injury or death to any person or persons, including OWNER, or property of any kind whatsoever and to whomsoever at all times during the term of this encroachment permit, OWNER hereby covenanting and agreeing to indemnify.and save CITY harmless from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses however occurring. b. OWNER agrees to maintain said structures in -1- a safe condition and agrees not to allow the storage of any objects on said structures and further agrees not to maintain or allow obstructions on said structures. In the event OWNER fails to maintain said structures in a safe condition or fails to immediately remove any obstruction or correct an existing unsafe condition on said. structures, OWNER agrees and understands that CITY may, at its option, repair said structures, remove any object placed on it, or remove the structure. OWNER further agrees to pay CITY the cost of such removal or repair including collection costs and Attorneys fee costs, if any. C. It is expressly agreed that no new improvements will be constructed in the encroachment area. d. The CITY shall have the right to construct a pedestrian walkway and fence in the encroachment area. CITY reserves the right to establish lateral access across the area subject to the encroachment permit by constructing a pedestrian walkway utilizing the encroachment area. 3. Additionally to and independently of all other provisions of this encroachment permit, OWNER shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property damage insurance with the limits of not less than $200,000.00 for injuries to or death of any one (1) person, and $500,000.00 for injuries to or death of any two (2) or more -2- persons, and $75,000.0 zbr property damage, issued by insurers approved in writing by CITY whereof CITY shall be the named or additionally named insured.. The terms of said policies may be for such period as shall be designated by OWNER; provided, however, that within two (2) months prior to the expiration of such insurance terms, OWNER shall procure other policies of said insurance so that between the execution of this encroachment and the commencement of the encroachment term, and throughout the entire encroachment term or any renewal thereof, or until the sooner termination hereof, CITY shall always be a named insured under the policies of comprehensive public liability and property damage insurance in accordance with the foregoing. Certificates of said insurance, together with the receipts for the payment of premiums for the terms thereof, shall be delivered to CITY within ten (10) days after the execution of this encroachment permit, and, thereafter within thirty (30) days prior to the expiration of the term of each such policy. Said policies shall contain a non -cancellation -without notice clause and shall provide that copies of all cancellation notices shall be sent to CITY. 4. This. agreement binds the heirs, successors and assigns of the parties and the parties consent to the recording of this document. SIGNED this _ day of , 1981, at Morro Bay, California. OWNERS OF RECORD: Address: -3- N M Tele. No. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On , 1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared and , known to me to be the persons whose namea are subscribed to the within instrument and acknowledged to me that they executed the same.' WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State. -4- y: DES CRIPTI0; I KO:_B EIICROACH"lENT, FIRE„ A portion i,f the Tidelands Grant to the County of San Luis Obispo as 5}7G'�in Oil a map trld�'P.of recorded Septeiiter '2, 1950, in �pGl; 1 of i'is�.ce11dP•e0t1$ I?aps, at Pave 1, SaLuis Obispo County Recorder's Office, more particularly described as follo'.4s: COi;i;Ei1CIhlG at Station No.�\ofScn station being the northHesterly terminus of that certain course shown Iti 43° 49' Si" i! 69.31 feet on that said Flap of the Grant to CountyLuis Obispo; thence along said Grant Line IN 52° 13' 28" !d to the.intersectio tiaith the Southerly line of Lot 7 as shown on the I•lap of Morro Pock Parr„ filed March 4, 1924, in Volume 3 of Maps at Page 36, San Luis Obispo County Records\19C56, 'ce, being the TRUCE POINT OF BEGINNING o the herein described parcee continuing along said Grant 1J Line�52° 13' 28" W 53.36 feet to Statio, being -the intersection of the l Grant Like with the mean high tide line;\ sho:-m on said' nap, said point also being located at California Coordinates, 7\_ 5 0` }:=1,150,7;a0.00 and Y=687,900.00; the. N. 69° 26' 3II" W. along saic dean high tide line, 65.00 feet; thence 31 S 25° 53' 21" h' 5.00 feet; thence S 0-30 08 .48" E 30.33 feet; thence\,thr S „° GO' 00" E 2.3.00 feet; thence N 3�" 00,GO"E4.00 feet; thenceS 53°, 00' 00" E 49.00 feet to the intersection with the North•:iesterly prolongation of sanne of Lot 7; thence S 89° 3II' E 22.00 feet along said Southerly line tc tive true I oint of beginning. W M194 A a3y i DT'SCPT.>lI0". El•iBATCTrC ::.0 IER_$E P O� ,y A portion of the Tidelai:ds Grant to the County Of S 1 I.uJ_s Obispo as shown On a map thereof recorded. $e0tei: er 12, 1958 in Book 1 Of miscellaneous Maps, at- .. Page 1, San Luis Obispo County R=cords, more particularly describe? as follows: Commen ing at Station 39, being the intersection of the Grant Tine with the mean high tide line 1956, as shown on s-'d inap, said point also being located at Callfo*_ni Ordinates, Zone 5, O: },=.1,150, fr0j6!/J._ and Y=637, 960.Ot ; thence N. 69026 90W. ,. along said :wean high tide tile, 65.00 feet; to the true point of beginning of th \2. l to be described; thence N.23o13'33".42 feet; thence 5.34°17'43".85 feet; thence S.77°07'30"4.4^_ feet; thence 5.00°36'16".20 feet; thence _ N.86057'51".98 feet; thence S.22°59'39".'7 feet; thence S.43o34'56".i feet; thence" S.64 37'07"8.02 feet; thence N.23°53'21".37 eet to the true point of be. 4Z L Au 5S00G srf.-r I a,-- eAMAr- 0 A L; TWEE N,, Ij x, AWRRV ,owap,osAo zlve zoocas aewNr zlmF AZUl1S7-Z-,O 10,4FOPMEV 7-//,7--- I-ANOS 6R4,417* LINE 15)VIOR46 401Y7iM -0 SET 2x.2 ,Wla W1,W;r44CA' 0 SET A141Z .4NO fl-11414"R • &N,5,E7- POINT 6-XI57-11,L16 7'149,c6 I-AA1,9S 46RAV7' 4111.1-6- EXHIBIT `DELL /KG 49�W�ZcZ Z IAIK .01 3 f 'W/ 'w S Wjw4y. JEA MLL S7E61- RLA;rE BAY..- TIR F Z.AOS -7 Gl7RNT L/NE LA9'SU/T DETA/L - Al Y14 r1t V1 7 Ya.X- R14r17ARA9.9 1A.W40197-tq, Pt. A f. ,f EW �l h cl77r ax-mowo oAy, eot1wry OF -fAIv z als el,61s-po ,5rrA-r6 ac 4r4ZA'OAV14 -70 20 /0 0 30 40 747 D.f ,4W,4 A- t, SCHEDULE A Rental shall be six percent of fair market value of the leased parcel determined as of February 1, 1981 or the sum of $ payable in two semi-annual payments on the first day of each July and January during the term of this lease. There shall.be a pro -rate for any period of less than six months. L E A S E THIS LEASE is made and entered into by and bet:aeen the CITY OF MORRO BAY, a municipal corporation of the State of California, herein called CITY, and ELENOR KOLB herein called TENANT- WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the citylimits of CITY to the County of San Luis Obispo .and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended . from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on .;uly 17, 1964, the CITY OF MORRO BAY; Lessor herein, succeeded to all of the right, title, and interest of the County of.San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968 in the case of CITY OF MORRO BAY, plaintiff, versus County of San Luis Obispo, and State of California, defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, 0.30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the.State of California to the County of San Luis Obispo in trust, as set r I a9� R forth above, passed automatically to the CITY OF MORRO BAY,upon. the date of its incorporation as a CITY on the 17 th day of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay,._ Harbor, and to assist in carrying out the provisions of the tide- s. land grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon each and all of the terms' as therein set forth; NOW, THEREFORE, in consideration of the covenants'to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and. TENANT leases from CITY, the within described premises as herein set forth: 1. The property subject to this lease is described gg:gener as that area behind the existing east/west chain link fence which begins at Station 39-2A and extends westerly to the concrete seawall. The area leased excludes anything west of the existing concrete seawall. Said leased parcel is more particularly described on Exhibit A attached hereto. This property is delineated on Parcel Map of the City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3, Page 10 of Parcel Maps in the Office of the County Recorder, San. Luis Obispo County, California. 2: The term of this lease shall be -twenty-five years, commencing 1981 . and terminating without notice on 2006 unless sooner terminated as herein provided 3. The rental is payable by TENANT_to CITY in lawful money of the United States, at the time and in the amounts as set - 2- r forth in Schedule A attached hereto, without deductions, delay, or offset. 4. TENANT agrees that the principal use of the leased premises shall be: reasonable access to and from that public roadway commonly known as the Embarcadero and to maintain, repair and use the existing improvements located on the Lease Parcel and directly allied uses to the foregoing may be made of the premises by TENANT; but no other uses are permitted without first securing the written consent of CITY to such change of'such-oermitted uses. No additional improvements will be constructed on the Lease Parcel. hereof, cond t and carry on TENANT'S aforesaid business on the demised premise and shall keep said premises open for business and cause such buss ess to be conducted thereon during each and every business day fo such number of hours each day as is customary for businesses of like c ratter in CITY, or as customary for like businesses in other harbor eas of the State of California, where there is no such comparable bu -ness located in the CITY OF MORRO BAY; provided, however, that this rovision shall not apply if the demised premises shall be closed nd the business of TENANT is being temporarily shut down on accoun of strikes, walkouts, or causes beyond the control of TENANT, or or not over three (3) days out of respect to the memory of an office., employee, or close relative of any officer or employee of TENANT. 6. TENANT shall operate TENANT'S busines on the demised premises with due diligence and efficiency and 'n like -3- ell which may .1a.roduced from TENANT'S business; and TENANT at all times shall carry on sa remises., a stock of merchandise of such size, character, and quality as is onably designed to produce the maximum return to TENANT, when sales of goo nd merchandise 7. If at any time during the lease term or any extension.' thereof, the tenancy hereunder.is in violation of the trust purposes under which the premises or any portion thereof are held by CITY pursuant to the grants from the.State of California as set forth' on Page 1 of this lease, CITY shall have the right to terminate the violating uses upon giving ninety (90) days written notice to TENANT. 8. . TENANT at all times during the lease term shall have deposited with CITY a sum equal to twenty-five percent (25%) of the then current minimum annual rent. This sum shall be held by -CITY as security for the faithful performance by TENANT of all of the.terms, covenants, and conditions of this lease by said TENANT to be kept and performed during the lease term or any renewal thereof. If at any time during the lease term any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by TENANT to CITY hereunder shall be overdue and unpaid, then CITY may, at its option, appropriate and apply any portion of said deposit to the payment of any such overdue rent or other sum. In the event of the failure of TENANT to keep and perform all of the terms, covenants, and conditions.of this lease to be kept and performed by TENANT, CITY may, at its option, appropriate and apply said deposit, or so much thereofas may be necessary to compensate CITY for all loss or damage sustained or suffered by CITY due to such breach on the part of TENANT. Should TENANT comply with all of said terms, covenants, and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by TENANT to CITY hereunder, the principal sum of said deposit, without interest, shall be returned in full to TENANT at the end of the term of this lease, or upon the earlier termination of this 'lease as herein provided. construction TENANT shall submit to the Morro Bay Planning Commission for pproval and recommendation to the City Council, " a development an improvement plan for the leased premises which shall provide for t e full and compete development of the leased premises, showing all acilities, strictures, landscaping, or other improvements to be cons ucted or installed on each portion -of the leased premises, and shall include a detailed estimate of the cost of construction and installa ion'of such improvements and a detailed schedule showing the proposed mmencement and completion date of each phase of the development an\improvement: 10. Prior to the commt of any construction, TENANT shall file with the Morroty Clerk a final detailed estimate of the cost of construction ant installation of improve-- mer.ts on the leased premises and post a ca h deposit in an amount equal to ten percent (10%) of the total of s •d final cost estimate which shall be deposited by CITY in'an interest bearing account with a savings institution selected by TENANT. In lieu of the cash deposit aforesaid, TE?V,�1NT may file with the Morro Bay City Clerk a faithful performance\he a form and with a surety company satisfactory to CITY, ce amount equal to the final detailed cost estimate, or ua: satisfactory arrangements. 11. CITY hereby consents and agrees that TENANT may - 5- insu the payment of the promissory note of TENANT. TENANT agrees to omotly notify CITY of any such hypothecation or encum- brance and to mortgage, or other CITY with a copy of, any such deed of trust, ity instrument. In the event said deed of trust, mortgage, or other be in default, the CITY hereby ty inst'rument should at any time written application for consent to the that, upon the filing of a signment of this lease to the lending institution, or to a purchaser value or assignee to the lending institution, CITY will give its con nt to such assignment on condition that the prospective assignee is inanc mially reliable and is qualified to conduct the type of business pe ,'tted 12.. TENANT agrees that it will at all times save CITY free and harmless and indemnify it against all claims for labor or materials in connection with any-;,;, repairs, __ at� on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. In the event that any lien or levy of any nature whatsoever is filed against the leased premises or the leasehold interest, TENANT shall be required to deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. CITY shall have the right to immediately terminate this lease in the event the bond required by this paragraph has not been deposited with CITY within ten (10) days after the filing of such lien or levy. tl - F< ---• iv deed of trust, which mortgage or deed t is on record with r r -1 Or 13. All structures, installations, or improvements of any kind which are placed upon the leased premises by TENANT shall, at the option of CITY, be removed by TENANT within sixty (60) days after the expiration of the term of this lease (including any extension thereof) or other sooner termination. providing CITY gives' notice in writing, not later than ninety (90) days prior to the. expiration of the lease term, of its decision to require that such improvements be removed.If CITY exercises such option and TENANT fails to remove such installations or improvements within said sixty (60) days, CITY shall have the right to have such install- ations or improvements.removed'at the expense of TENANT. If CITY does not exercise such option, then the title to such installations or improvements, excluding all machines, appliances;- and trade fixtures placed on the premises by TENANT, shall vest in CITY, and except for such machines, appliances, and trade fixtures, TENANT shall not remove.any such improvements. . 14. TENANT shall, at its sole cost, keep and maintain the premises and all improvements of whatever kind that* may be. now or hereafter erected, installed, or otherwise made thereon by TENANT, in good and sanitary order and condition, and shall make all necessary repairs and alterations thereto. TENANT.further shall provide proper; containers for trash and garbage and keep the premises at all times free and clear- of rubbish, debris, and litter. 15. TENANT covenants and agrees to.keep in proper main- tenance and repair all bulkheads or seawalls in the Morro.Bay Harbor abutting the demised premises. . 16. CITY reserves the right to enter upon the premises, or any portion thereof, from time to time, for the purpose of inspecting or repairing any facilities owned, operated, or con- trolled by CITY and for the purpose of establishing, extending, or -7- r rebuilding a seawall, quaiwall, bullchead,or mole; conducting dredging operations;or otherwise to mare any such repairs or improvements as are necessary to the continued maintenance or repair of Morro Bay Harbor. o. 17. Excepting only as in this lease expressly provided, CITY shall have no duty, obligation, or liability whatever to care• for or maintain the premises. In the event that, by any express provision of this lease, CITY agrees to care for or maintain any,. • :, ', : •., part of the premises,.such agreement on the part of CITY shall constitute a covenant only, and no obligation or liability whatso- ever shall exist on the part of CITY unto TENANT by reason thereof unless CITY fails to commence performance of such obligation with reasonable diligence after receipt of a written.notice from'TENANT. 18. TENANT shall not assign or transfer the whole or any part of this lease or any interest therein, nor sub -lease the whole or any part of the leased premises, nor permit transfer of the lease or possession of the leased premises by merger, con- solidation, incorporation, or dissolution, nor permit sale of a controlling interest without the consent of CITY, evidenced by .resolution, first had and obtained. the personal qualifications of the persN named herein as TENANT is a part of the consideration for,grantin\aroval ase and said party does hereby agree to maintain al and super- vision of the operations conducted on the ises. CITY shall not unreasonably or arbitrarily withroval to the:=assignment or transfer of this lease to anho isfinancially reliable and qualified to condiness for 19. Other than as set forth in this paragraph, neither the leasehold nor any interest therein of TENANT shall, without the consent of CITY, be assignable or transferable in proceedings MM r.- r by or against TENANT in execution, bankruptcy, insolvency, or in any other manner by operation of law. In the event of TENANT'S bankruptcy or other insolvency proceeding against TENANT, this lease shall, at the option of CITY, immediately cease and terminate and all rights of TENANT hereunder shall immediately cease and terminate. In no event shall this lease be or be treated as, an asset of TENANT after involvency of adjudication of bankruptcy. any fi cial institution or other lender for value. This lease may be assign by TENANT as security for a loan for the improve- ment of the lease p�ises for the business permitted to be conducted therein. In the event of -LI<ault by TENANT of any loan payments to any financial institution or o er lender then, upon written request to CITY, CITY will permit the a gnment of such lease to such financial institution or other lender the balance of the term of this lease, providing such assignee maintta,Lns each, every, and all of the terms and conditions of this lease, illsluding It is the intention of CITY to cooper ith TENANT in securing adequate financing fo full development and utilization of the lease : ses, subject to the terms of the tidelands and 20. Nothing herein contained will prevent the transfer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended, so long as any such successors are reasonably qualified to een,-auet timie bttaiRess--and maintain the terms and conditions of this lease. Probate sale of the leasehold interest will be permitted, providing the buyer is reasonably satisfactory from, a financial responsible standpoint with CITY -9- r 21. TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT or the leased premises by reason of said lease or of any appliance, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of _.._ _____.___ or _ _____ activity of TENANT upon or in connection with said premises TENANT shall pay any fees imn law for licenses or permits ` c nr antivii-iac of TFNZLUT i=nn the lnacp� py pmiaPs. CITY shall not be held liable for any damage to the!. ''•`. ^ '' :: 22. goods, properties, or effects'of TENANT or any of TENANT'S representatives, agents, employees, guests, licensees, invitees, or any other person whatsoever, nor for personal injuries to or deaths of any person caused by or resulting from any act or' omission of any person arising out of TENANT'S use of the lease- hold premises. TENANT agrees to indemnify and save CITY and its authorized agents, officers., and employees free and harmless from any of the foregoing liabilities and any cost and expenses incurred by CITY on account of any claim or claims therefore, including reasonable attorney's fees. 23. Additionally to and independently of all other pro- visions of this lease, TENANT shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property damage insurance, with the limits.of not less than $200,000.00 for injuries to or death of any one (1) person, and $500,000.00 for injuries to or death of any two (2) or more persons, and $75,000.00 for property damage, issued by insurers approved in.writing by CITY whereof CITY shall be the named or additionally named insured. The terms of said . policies may be for such period as shall be designated by TENANT; provided, however, that within two (2) months prior to the expiration of such insurance terms, TENANT shall procure other policies of said i -10- r insurance so that between the execution of this lease and the commencement of the lease term, and throughout the entire lease term or anv renewal thereof, or until the sooner termination hereof; CITY shall always be a named insured under the policies of compre- hensive public liability and property damage insurance in accordance with the foregoing. Certificates of said insurance, together with ` the receipts for the payment of premiums for the terms thereof, shall be delivered to CITY within ten (10) days after the execution'-;<,•::;'", of this lease, and, thereafter within thirty (30) days prior to the`''"'{" expiration of the term of each such policy. Said policies shall contain a non -cancellation -without -notice clause and shall provide that copies of all cancellation notices shall be sent to CITY. 25. TENANT, at all times during the lease term, shall maintain in effect, at its own cost, fire insurance with an extended coverage endorsement, approved in writing by CITY, in an amount equal to at least ninety percent (90%) of the insurable value of the buildings and other improvements on the premises owned by TENANT. Said policies shall contain a non -cancellation -without - notice clause and shall provide that copies.of all cancellation notices shall be sent to CITY. All fire insurance money received by either party shall be held to secure the performance by TENANT of its obligations under this lease to repair, replace, or reconstruct any of its buildings, installations, or other improvements located on the premises that have been damaged or destroved. The available fire insurance proceeds shall be used to repair, replace, and reconstruct any building on the demised premises so damaged by fire. Nothing herein contained shall require TENANT to expend more than the fire -11- r insurance proceeds for such purposes. 26. Notwithstanding any provisions herein to the contrary, the terms "assignment", "subletting", "occupation", or "use", shall not be construed or interpreted to mean or include the renting or leasing of boat slips, motel, hotel, or apartment accommodations on the premises. The renting or leasing of boat slips and motel - or other accommodations shall come under applicable governmental.._ rules and regulations; and if TENANT rents or leases any such boat :;:�'-.'<!• slips or motel or other accommodations, contrary to such rules and,.!:'::';': regulations, unless such violation should be corrected within ten (10) days after written notice to TENANT, CITY reserves the right to cancel said lease of any such slip, motel, or other accommodation rented contrary to such applicable rules and regulations, and TENANT will refund any advanced rental. 27. Termination of this lease prior to expiration of the lease term shall not serve to cancel approved sub -leases, but shall operate as an assignment to CITY of any and all such sub- leases and all rights of TENANT thereunder shall terminate and shall pass to CITY. CITY agrees to be bound by the terms of said sub -leases so long as sub -lessees are not in default in the perform— ance of the obligations of said sub -lease. 28. If any default be made in the performance of the covenants, conditions, or agreements hereof, or should TENANT fail to fulfill in any manner the uses and purposes for which the premises are leased as above stated, and such default shall not be cured within thirty (30) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and said CITY shall immediately thereupon without -12- recourse to the courts have the right to re-enter and take possession of the leased premises. If any default be made in the I payment of rental as herein provided and such default shall not be cured within ter. (10) days after written notice thereof; CITY shall have the option to immediately terminate this lease; and ,r. that -in the event of such termination, TENANT shall have no further.: rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and said CITY shall immediately thereupon without recourse to the courts have the right to re-enter and take possession of the leased premises. in any deed of tr-tm� of record with CITY on the demised premises the right .to cure any defda4.t�by TENANT made in the payment of -the covenants, conditions, or agreemen ereof, within the period hereinabove mentioned after written notice eof, which said oeriod shall be computed from the date of receipt by id beneficiary, 29. In the event of the bringing of any action by either party hereto against the other by reason of the breach of any covenant or condition on the part of the other party or arising out of this lease, then and in that event, the party in whose favor final judgment shall be entered shall be entitled to recover,. I from the other party reasonable attorney's fees to be fixed by the court wherein such judgment shall be entered. 30. If title to all of the premises is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this lease shall terminate on the date that possession of the premises is taken 31. All compensation awarded*or paid upon the total or partial taking of the fee title of the premises or part of the -13- r premises shall belong to CITY. All compensation awarded or paid upon the total or partial taking of any buildings and other improvements made ted by TENANT on the premises shall belong to TENANT. 32. If this lease is terminated pursuant to paragraphs 30 or 31 above, the rent and all other obligations of TENANT here- "• is under shall be pro -rated to the date of termination. 33. The waiver by CITY of any breach of any one or more;:''c'`:':;: of the covenants, conditions, or agreement's of this'lease shall i not be construed to be a waiver of any other breach of said cove- nants, conditions, or agreements of this lease. Nor shall the subsequent acceptance of rent. hereunder by CITY be deemed to be a waiver of any preceding breach by TENANT of any covenant, condition, or agreement of this lease, other than failure of TENANT to pay the particular rental so accepted. 34. Any and all notices or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. They shall be served either personally or by registered or certified mail. Any notice or demand to CITY may be given to the City Clerk or Mayor of the CITY OF MORRO BAY, City Hall, Morro Bay, California_ Any notice or demand to TENANT may be given to TENANT at Such addresses may be changed by written notice by either party to the other party. 35. Subject to the provisions herein relating to assignment and subletting, each and all of the terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. -14- r •� .tJ +, 36. In the event that any provision or provisions of . this lease are, or are hereafter adjudged to be, for any reason invalid or unenforceable, the remaining provisions.of this lease shall continue to exist and remain in full force and effect 37. Time is of the essence of each and all of the terms and provisions of this lease, and all covenants, stipulations,.and, agreements, including the agreement to pay rent, in this lease extend to and bind any permitted assigns and permitted sub-lessees'•;=:1,.,.''-;`.r:- of TENANT. 38. In the event TENANT shall hold over after the expiration of this lease, such holding over.shall be.deemed a tenancy from month to month only, at the same monthly rental and upon the same terms, conditions, and provisions of this lease. 39. It is understood by the.parties ,that this lease contains the entire understanding of the parties,, and TENANT, by. accepting this lease, acknowledges that there is no written or oral understanding by the parties in respect to the demised. premises, other than as set forth in this lease. No modification, amendment, or alteration of thislease shall be valid unless it' is in writing and signed by both parties. This leasemay be terminated, modified, or amended by written mutual consent of CITY and of TENANT. 40. Incorporated herein and a part hereof are paragraphs numbered inclusive, containing special provisions of this lease. -15- - TIDELANDS LLAP t v SCR IhTION PARALLEL PUBLIC ACCESS Idt1Y 1, p rt-on of the Tidelands Grant -to the Cou-ty of S-_ispo as shown on a man thereof recorded Septem,ber ?, 1958 in Hook 1 of Miscellaneous taps at Page 1, San Luis Obispo County records, more particularly described as ollows[ _ Commencing a Station 39, being the intersection of the Grant Line •ith the mean :nigh tide line 1956, as shown on said ma said point also being located at California Co_ordir.at s, zone 5, of X=11507yC=.and Y=6 '7, 960. 00 thence T. 69026' 39"W. along said mean high tide line, 65.00 f et to the true point of beginning of the lateral public a cess way to be described; thence N. 23013' 33"i•7. , 11..5-1 P\'-h thence N.64037'07"W., 37.44 nce N. 43o34' 56"W. , 10.11 nce i3.22°59'39"ii., 1:64` nce S.86o57'51"E., 8.63 fce N.00036'16"W., 36.74 nce iv.77007'.30"F7., 68.40 ;ence S.34°17' 43"W. , 10.74 feet; the ce S.77o07'30"E., 64.44 feet; then S.Cv°36'l6"E., 18.20 feet; ther.ca N.86°57'51"W., 13.98 feet; thence 5.22°59'39":., 19.47 feet; thence S.43034'56"E., 13.79 feet; thence S.64037'07"E., 48.02 feet; thence. N.23053'21"E., 2.37 feet; to the true oin. of be,. i r.ning. 57/ n i �t J fir/ Y 6JBGu0.967 G33 >�l04 - 609'L LEGE�'UI�_ \ i�9o�. S99p r1371 Sf1r V ToE OF , \o 2 + EC/CALYP. � TREE t� 1° off q 77 06X� h .Ys4-.ri-�:::�y�:� Pr?���osSD TicE G✓�s G%r�.'/r L:riE :'DJUSTED S /%mac e-zwl;'ol LU/= SFT Zx2 11116 ///// ScT /UF,7L A/✓O S / /,V,/ U115Er Polly CX1577N6 /Oc LAIJOS 6lAITT L/niE /vr-,rE AocK DESCRIPTION PARCEL_ 1: • • 71105E PORTIONS OF LOTS 1 AND 2 IN BLOCK L OF THE CERRITO ADDITION AND THAT PORTION OF MORRO AVENUE (ABANDONED) IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 311 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLL0415: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 1, THAT IS DISTANT ALONG SAID NORTHERLY LINE, WEST 90.50 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ITS WESTERLY PROLONGATION, WEST 84.00 FEET; THENCE SOUTH 170 28' 30" EAST 92.86 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 3 OF THE DEED TO ALLAN B: CAMPBELL AND WIFE, RECORDED MARCH 13; 1951 IN' BOOK 601, PAGE 40 OF OFFICIAL. RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, TO THE IIESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF SAID DEED TO CAMPBELL; THENCE NORTHERLY ALONG SAID I-IESTERLY LINE TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF MORRO AVENUE ABANDONED, ADJOINING LOTS 1 AND 2 IN BLOCK L OF THE CERRITO ADDITION' 'FO THE TOWN OF MORRO, .I N THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MARCH 14, 1888 IN BOOK. A. PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE PROPERTY IMMEDIATELY WEST OF SAID 1'10PRO AVENUE, DESCRIBED AS FOLLOWS: BEGIi,INING AT A POINT ON THE EAST LINE OF MORRO AVENUE, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 1 IN BLOCK L OF THE CERRITO ADDITION TO THE TOWN OF MORRO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MARCH 14, 1888 IN BOOK Al PAGE 34 OF MAPS It! THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 24° EAST ALONG THE EAST LINE OF SAID MORRO AVENUE 88 FEET TO A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED AS PARCEL IN THE DEED TO ALLA.! 6. CAMPBELL, ET UY.., RECORDED MARCH 13, 1951.IN BOOK 601, PAGE 1t0 OF OFFICIAL RECORDS; THENCE_ SOUTH 760 09' WEST ALONG THE NORTHERLY LINE OE= THE LAND DESCRIBED IN SAID DEED TO THE `,LEST LINE OF MORRO AVENUE; THENCE CONTINUING ALONG SAID NORFHERLY LINE SOUTH 790 06' HEST TO THE.NORTH'AEST CORNER THEREOF AND THE LINE OF MORRO BAY; THENCE P!ORTHERLY ALONG SAID LINE OF MOi0W BAY TO THE POINT AT WHICH THE NORTHERLY LINE OF SAID LOT 1, IF EXI'EhIDED k'ESTERLY, WOULD INTERSECT SAID LINE OF MORRO BAY; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF LAND DESCRIBED If! THE DEED TO WALTER E. RUBIN AND WIFF, RECORDED JUNE 13, 1963 IN BOOK 1245, PAGE 155 OF OFFICIAL_ RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Yw r4�i is �J14' J Page 1 RUD'EN DESCRIPTION PARCEL 1: LOT 3 AND THOSE PORTIONS OF LOTS 2, 6 AND 7, ALL IN BLOCK L OF CERRITO ADDITION TO THE TOWF1\1 OF 11ORRO, IN THE CITY_ OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CAI_IFOR111A, AS SHOWN ON MAP FILED IN BOOK A, PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLO'rJS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT 1 IN SAID BLOCK. L THAT IS DISTANT ALONG SAID NORTHERLY LINE WEST 90.50 FEET FROM THE N:ODTHEASTEPLY CORNER OF SAID LOT 1; THENCE SOUTH 50 32' EAST 73.92 FEET TO THE NORTHEASTERLY COP,NER OF THE LAND DESCRIBED IN PARCEL 3 OF THE OELO TO ALLEN B. CAMPBELL AND WIFE, RECORDED 14ARCH 13, 1951 AS INSTRUMENT NO. 2697 IN BOOK 601, PAGE 40 OF OFFICIAL P.ECORDS IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHEASTERLY CORNER Of- PARCEL 3 BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE PIOR'THEP,LY LINE OF SAID PARCEL 3, SOUTH 760 40t NEST.26.71 FEET TO THE VIESTERI_Y LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF SAID. LOT 3, SOUTH 241 27' 44" EAST 62.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT. 3, NORTH 710 32' 53" EAST 134.90 FEET TO THE SOUTHEASTERLY CORNE[Z OF SAID LOT 3; THENCE EASTERLY 1N A DIRECT LINE TO A POINT ON THE EASTERLY LINE OF SAID LOT 7, THAT IS DISTANT ALONG SAID EASTERLY LINE NORTH 190 30' WEST 58 FEET FRO,'-1 THE MOST EASTERLY CORNER OF SAID LOT 7; THENCE ALONG THE EASTERL' LINE OF SAID LOT 7, NORTH 190 30' NEST 38.60 FEET; THENCE SOUTH P.70 311' 45" NEST 95.71 FEET; THENCE SOUTH 75' 04' 30" ;'WEST 97.61 FEET TO THE EASTERLY LINE OF THE L=ND DESCRIBED IN PARCEL 3 OF SAID LAND OF ALLEN B. CAMPBELL; THENCE ALONG SAID LAST MENTIONED EASTERLY LINE NORTH 5° 32'. WEST TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF MORRO AVENUE 0%10t•F ABAtIDONIFD9 IN THE CITY OF MORRO BAY, COUNTY OF SAT: LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF CERRITO ADDITION TO THE TO'rfN OF N,ORP 0, FILED, IN BOOK ACJ , I -'AGE 34 OF MAPS ITHE OFFICE OF THE COUNTY RECORDEF; Of= SAID COUNTY, DESCRIBED AS FOLLOWS: BEG1,NNING AT A POINT.ON THE NORTHERLY LINE OF LOT 1 IN BLOCK L OF SAID CERRITO ADDITION TO THE TOW'':`N OF MORT;O THAT IS DISTANT ALONG SAID NORTHERLY LINE 4JEST 90.50 FEET FROM THE P:ORTIIEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 50 32' EAST 73.92 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 3 OF THE DEED TO ALLEN B. CAMPBELL AND 'i,IFE, RECORDED MARCH 13, 1951 AS INSTRU,'IE-.NT NO. 2697 IN BOOK 601, WAGE 40 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER THENCE ALONG THE NORTHERLY LINE OF THE LAHI) DESCPIBED IN SAID PARCEL 3, SOUTH 761 'i0' WEST 26.71 FEET TO 11U: WESTERLY LINE OF LOT 2 IN SAID BLOCK L, BE 1 NG THE TRltUE{,t..P.O-fjNT. Oi; BEG I NN l;iG; DESCRIPTION PARCEL 1: LOT 4 IN BLOCK L OF CERR I TO ADDITION TO TI IE TOblN OF MORRO, I N THE CITY OF MORRO BAY, COUNTI' OF SAN LUIS OBISPO, STATE OF CALIFORf,IIA,," AS PER MAP FILED'iN BOOK A, PAGE 34 OF M1;PS, IN THE OFFICE OF THE COUNITY RECORDER OF SAID COUNTY. PARCEL 2 THOSE PORTIONS OF LOTS 6 AND 7 lid BLOCK L OF CERPITO ADDITION TO THE 1­0'1-1M OF MORRO, IN THi CITY OF NOPRO BAYCOUNTY OF S'AN LUIS . OBiSPO, STATE OF CALIFORNIA, AS PEP, btAP FILED IN BOO` A, PAGE 34 OF LAPS, IN THE OFFICE OF THE COUNTY RECORDER OF. SAID COUNTY, DESCRIBL AS FOLLOIdS: BEGINNING AT A P0I14T ON THE EASTERLY LINE OF SAID LOT 7 TIIAT IS DISTA:!T ALONG SAID EASTERLY LINE, NORTH 19" 30' WEST 29 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 7; THEXCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 196 30' ':LEST 29 FEE1-; THENCE 1,1ESTERLY IN A STRAIGHT LINE TO TIIE HORTHEASTEPLY COP.NER OF LOT 4 IN SAID BLOCK L; THENCE- SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, A DISTANCE OF 3E FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4; T'!ENCE EASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. PARCEL 3: ALL- THAT PART OF tORRO AVENUE (ABANDONED) IN.711E CITY OF MORRO BAY, COUNTY OF.SrAt,j LUIS Op. ISPO, STATE OF CALIFORNIA, AS SHO01N ON THE MAP OF C RRITO ADDITION TO THE TO'dN OF MORRO, FILED IN BOOK A, PAGE 34 OF i'.APS, IN .THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AS F0I_L01.4S BOU?!DED ON THE EAST BY THE EAST LINE OF NORR0 AVENUE, ON TF-IE WEST BY THE ',!ES'f LINE OF MORPO AVENUE, Ota THE SOUTH BY THE SOUTH LINE OF SAID LOT 4, IF_TI-ii- SAID LINE VIERE PROJECTED WL:STERLY T04!ARD THE LINE OF NEA.N HIGH IIATER OF NORRO BAY, AS SHOWN ON SUCH MAP OF THE CERRITO ADDITION TO THE TWIN OF NORRO, AND ON TIIE WRTI'I BY THE NORTH LINE OF SAID LOT 16 IF SAID LINE l,'ERE SO PROJECTED AS DESCRIBED ABOVE. PF,'.CEL 4: A PARCEL OF LAND IN THE CITY OF MORRO STATE OF CALIFORNIA, AS St'i0'r!: ON THE TO THE TOWN OF iIORRO FILED IN BOOK A, OFFICE OF TIIE COUNTY RECORDER OF SAID BOUI!DED EASTERLY BY.THE 47ESTERLY LINE AS SHOSIPJ ON SAID MAP; ra./'l,iD1'.-I i„3?IN II BAY, COUNTY OF SAN LUIS OBISPO, MAP 01' THE CERRITO ADDITION PAGE 71I OF MAPS, IN THE COUrITY, BOUNDED AS FOLLObtS 017 MORRO AVENUE (ABANDONED) t' Pare 4 0GLE -THENCE CONTINUING ALONG THE. NOPTHERLY LINE OF SAID PARCEL 3, SOUTH 760 40' NEST 71.37 FEET TO THE WESTERLY LINE OF SAID MORRO AVEidUE; THENCE ALONG THE WESTERLY LINE OF SAID MORRO AVENUE 44" EAST 68.66 FEET -TO THE 1ESTERLY PROLONGATION OF LINE OF LOT 3 IN] BLOCK L. OF SAID CERRITO ADDITION TO SOUTH 240 27' THE SOUTHERLY THE TOWN OF THENCE ALONG SAID WESTEPLY PROLONGATION NORTH 710 32' 53" EAST 70.42 FEET TO THE EASTERLY LINE OF SAID MORP.O AVENUE; THEr:CE ALONG SAID EASTERLY LINE, NOPTH 2110 27' 44" WEST 62.26 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: A PARCEL OF LAND IJd THE CITY OF MORRO BAY, COUNTY OF SAN LUTS OBISPO, STATE OF CALIFORNIA, BOUNDED BY THE FOLLOWING DESCRIBED LINES: BOUNDED EASTERLY BY THE WESTERLY LINE OF MORRO AVENUE, AS SHOWN ON THE w-!AP OF CERRITO ADDITION TO THE TOWN OF MORRO, FILED IN BOOK A, PAGE 34 OF MAPS IN THE OFFICE OF THE COU":TY RECORDER OF SAID COUNTY; BOUNDED SOUTHERLY 13Y THE l-,ESTEP.LY PROLOi:GATIOM OF THE SOUTHERLY LINE OF LOT 3 IN BLOCK L OF SAID CERRITO ADDITION TO THE T01IN OF MORR1); BOUNDED WESTERLY BY THE MEAN HIGH TIDE OF MORRO BAY; B7 ?it) ED NORTHERLY BY THE NORTHERLY LINF OF THE LAND DESCRIBED IN PARCEL 3 OF THE DEED TO ALLEN.B, CAMPBELL AND 4JIFE, RECORDED MARCH 13, 195). AS INSTRUMENT NO. 2697, IN BOOK 601, PAGE 40 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. L.iaa3�JJ Page 3 OGLE - continuation • BOUNDED VIESTEP.LY BY THE LINE OF MEAN HIGH. 'r7ATER OF MORRO BAY; BOUNDED SOUTHERLY BY THE WESTERLY PROLW:C ATION OF THE SOUTHERLY LINE OF LOT 4 IN BLOCK L OF SAID CERRITO ADDITION TO THE TO', -IN OF MORRO IF THE SAID .L1r:E t,,ERE PROJECTED >!ES'1ERL)' TOWARD THE LINE OF MEAN HIGH WATER OF hIORPO BAY; BOUNDED NORTHERLY BY 'THE WESTERLY PROLONCATIONiOF THE NOP,THEPLY LINE OF SAID LOT h IF' SAID LINE '::ERE PROJECTLI) WESTERLY TOWARD THE LINE .OF MEAN HIGH l•IATt:P OF 1'.ORP.O BAY. (END OF DESCRIPTIOH) Page 5 OGLE -' continuation DESCRIPT IOid PARCEL 1: LOTS S AND 8 IN BLOCK L OF CERRITO ADDITION TO THE TOWN OF MORR.O, IN THE CITY OF MORRO BAY, COUNTY OF SAH LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP THEREOF PECORDED MARCH I4, 1288 IN BOOK A, - PAGE 311 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF LOTS 6 AND 7 IN BLOCK; L OF CEREITO ADDITION TO THE TOhP! OF MORRO, IN THE CITY OF MORRO B,Ayx COUNTY OF SAN LUIS.OElISPO,. STATE Or CALIFORNIA, AS PEP MAP THEREOF RECORDED MARCH 14, 1888 IN BOOK: A. PAGE 311 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED. AS FOLLM-1'5: B:-EGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE NORTHWESTERLY ALONG THE NORTHE^STEPLY LINE OF SAID LOT, 29.00 FEET TO A POINT; THENNCE SOUTH1dESTERLY IN A DIRECT LINE ACROSS SAID LOTS.7 AND 6 TO THE MOST NORTHERLY CORNER OF LOT 5 IN SAID BLOCK; THENCE SOUTHEASTERLY ALONG THE SOUTHIdESTERLY LINE OF LOT 6, A DISTANCE OF 38.00 FEET TO THE N10ST SO'J"IHERLY CORNER OF LOT 6; THENCE HORTHEP%STERLY ALONG THE SOUTIiE%,SI-ERLY LINE OF 'LOTS 6 AND 7, A DISTANCE OF 67.38 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION: OF MORRO AVENUE, VACATED, AND A PORTION! OF THE UNISUB- DIVIDED LANE) ADJOINING SAID AVENUE, ON! THE SOUTH',IEST, AS SHOWN ON THE MAP OF CERRITO ADDITION 1'D THE TO'r1N OF MOPP,O, IN' THE .0 I7Y OF N.OP,RO BAY, CCUi`!TY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, '.RECORDED tl4RCH 14, 18SS 1N BOOK: A. PAGE 34 OF MAPS IN THE OFFICE OF -THE COUrITY RECORDER OF SAID COUNTY, BOU,!DED AS FOLLOV.'S: ON THE NORTHEAST BY THE SOUTH4iESTEP.LY LIN S OF LOTS 5 AND 3. IN BLOCK L OF SAID CERRITO ADDITIONI; ON THE NORTh!4iES T BY TfiE SOUTi14iESTERLY PROLONGATION OF THE NORTH- WESTERLY LINE OF SAID LOT 5; ON THE SOUTH>IEST BY THE MESNIE HIGH TIDE LINE OF THE PACIFIC OCEAN; AND ON THE SOUTIIEAST BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- E.±STF.P.LY LINIE OF SAID LOT 8. Page 6 IIAGE.NBACK DESCRIPTION PARCEL 1: LOTS 9, 10, 11 AND 1,'. IN BLOCK L OF THE CEP,PITO ADDITION TO THE TMI!N OF MORRO, it., THE CITY .OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP FILED i.N BOOK A, PAGE 311 OF MAPS,, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUr!TY, PARCEL 2: THAT PORTION OF MORRO AVENUE, ABAHDOMED, IN 1'HE CITY OF MORRO 6AY, COUNTY OF SAN LUIS OBISPO, STATE OF CAL1FORKIA, AS SHO'r!N ON THE MAP OF CERRITO ADDITION TO TI-IE TOWN OF 140RRO, FILED IN BOOK A, PAGE 3tf OF MAPS, IM TfiE OFFICE OF THE COUNTY RECORDEP OF SAID COUNTI', BOUNDED AS FOLLO'aS: BO'Jr!DED SOUTHblESTERLY BY THE CENTER LINE OF.SAID MORRO AVENUE; BOUNDED SOUTHEASTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 11 IN BLOCK L OF SAID CEPRITO ADDITION; BOUNDED t•IORTHEASTERLY BY THE NORTHEASTERLY LIME OF SAID h1ORRO AVENUE; BOUNDED NOPTFi47ESTERLY BY THE SOUTHWESTERLY PPOLONGA.TION OF THE NORTHWESTERLY LINE OF LOT 9 IN BLOCK L OF SAID CERRITO ADDITION. PARCEL 3: A PARCEL OF LAND IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFOPNIA, BOUNDED AS FOLLOWS: BOUTiDED SOUTHEASTERLY. BY THE SOUTHWESTERLY PP,OLONGATION OF THE 50UT;1EASTERLY LINE OF LOT 11 IN BLOCK. L OF CERRITO' ADDITION TO. TIME �i041M OF ;!ORP0 AS SHW-11'4 ON MAP FILED IN BOOK A, PAGE 31i OF NAPS IN THE OFFICE OF TE-iE COUNTY RECORDER OF SAID COUNTY; BOUNDED NORTHEASTERLY BY THE SOUTFI'r1ESTERLY LINE OF i`tORRO AVENUE AS SHO':;N ON SAID Ni,P OF THE CERRITO ADDITION; BOWriDED NOPTH':;ESTERLY BY THE SOUTI"IFSTERLY PROLONGATION OF THE NORTHtvESTERLY LINT: OF LOT 9 IN BLOCK L OF SAID CERRITO ADDITION; BOUNDED 1IESTERL'i BY THE LINE OF riEAN HIGH TIDE OF MORPO BAY. PAP.0 EL 4 : THAT POPTION OF'!OP.RO AVENUE, ABANDONED IN THE CITY OF MOPBO BAY, COU:iTY OF SAN LUIS OBISPO, STATE: OF CAL1FORr!iA, AS SHO'r:N ON THE MAP OF CERRITO ADDITION TO THE TOWN OF MORRO, FILED It-! BOOK A, PAGE 3tf OF !-:APS ]H THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AS FOLLOWS: BOUNDED NORTHEASTERLY EIOU:!DED SOUTHEASTERLY EASTERLY LINE OF LOT BOU\DED HORTH':JESTEP LY 41ESTERLY LINE OF LOT BOUNDED VIESTERLY BY T BY THE CEr7T[P. 1_It•IF' OF SAID MORRO AVENUE; BY ME SOUTH1dESTEP,1_Y PROLONGATION OF THE SOUTH- 11 I1-1 BLOCS; L OF SAID CERRITO ADDITION; BY THE SOUTHVIESTEP.LY PROLONGATION OF THE MORTFI- 9 IN BLOCS: 1. OF SAID CERRITO ADDITION; HE LINE QF MEAT! HIGH TIDE OF MOP.RO BAY. Page 7 OGLE ,J' -PCT .E 3 DESCRI?T ON PAPCEL.I: A PARCEL OF LAND OBISPO, STATE OF BOUNDED NOR THt•;ESTEP, LY BY THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIG STREET AS SAID FIG STREET IS SHO'r1N ON MAP OF THE CERRITO ADDITION TO THE T04•!N OF MORRO FILED FOR RECORD IN BOOK A. PAGE'34 OF MAPS IN THE OFFICE OF THE COUNTY . RECORDER OF SAID COUNTY; BOUNDED SOUTHEASTERLY BY THE SOUTH';IESTEP.LY PROLONGATION OF . THE SOUTHEASTERLY LINE OF FIG STREET, AS SAID STREET IS SHOWN ON SAID MAP OF THE CERRITO ADDITION; BOUNDED NORTHEASTERLY BY THE SOUTH';lESTEP LY LINE OF MORRO AVENUE, AS SAID STREET IS SH041N ON SAID MAP OF THE CERRITO ADDITION; BOUNDED IJESTERLY BY THE LINE OF 1-1EAN HIGH TIRE OF ViORPO BAY. PARCEL. 2: IN THE CITY OF NORPO BAY, COUNTY OF SAN LUIS CALIFORNIF., BOUNDED AS .FOLLOWS: THAT PORTION OF MORP.O AVENUE, AGANDONED IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFOP.NIA, AS SHOWN ON THE MAP OF CERRITO ADDITION TO THE TO'r!N OF MORRO FILED IN BOOK A. PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY, BOUNDED AS FOLLO;!S: BOUNDED NORTH`r;.ESTEP LY BY THE SOUTHWESTERLY PPOL.ONGATION OF THE NORTHidESTERLY LINE OF FIG STREET AS SAID STREET IS SHOWN ON SAID MAP OF THE CEPRITO ADDITION; BOUNDED SOUTHEASTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF FIG STREET AS SAID STREET .IS SHOWN ON SAID MAP OF THE CERRITO ADDITION; BOUNDED NORTHEASTERLY BY THE CENTER LINE OF MORRO AVENUE AS SAID STREET IS SHOWN ON SAID MAP OF THE CERRITO ADDITION; BOUNDED SOUTHWESTERLY BY THE SOUTH'dESTEEPLY LINE OF 140Rr10 AVE�lUE AS SAID STREET IS SHO',;N ON SAID MAP OF THE CERRITO ADDITION. Page 8 RICJU'iRDS , NADINi DESCRIPTION PARCEL 1: LOT 13 IN BLOCK N OF THE CERRITO ADDITION TO THE.TOWN OF MORRO, IN THE CITY OF MORRO BAY, COUNTY OF SAM LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOT; A,.PAGE 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF MORRO AVENUE, ABANDONED IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO,.STATE OF CALIFORNIA, AS HSOI•!N ON THE MAP OF CERRITO ADDITION TO THE TOWN OF MORRO, FILED IN BOOK. ,A, PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER.. OF SAID COUNTY.. BOUNDED AS FOLLOWS: BOUNDED SOUTHWESTERLY BOUNDED SOUTHEASTERLY EASTERLY LINE OF LOT BOUNDED NORTHEASTERLY BOUNDED NORTHI•IESTERLY WESTERLY LINE OF LOT PARCEL 3: BY THE SOUTHWESTERLY BY THE SOUTHWESTERLY 13 IN BLOCK N OF SAID BY THE NORTHEASTERLY BY THE SOUTHWESTERLY 13 IN BLOCK N OF SAID LINE OF SAID MORRO AVENUE; PROLONGATION OE= THE SOUTH•- CERRITO ADDITION. - LINE OF SAID MORRO AVENUE; PROLONGATION OF THE NORTH- CERP.ITO ADDITION. A PARCEL OF LAND IN THE CITY OF .MORRO BAY, COUNTY OF SAN LUIS OBISPO,I STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED SOUTHEASTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- EASTERLY LINE OF LOT 13 IN BLOCK N OF CERRITO ADDITION TO THE TOWN OF MORRO AS SHOVIN ON MAP FILED IN BOOK A, PAGE 3ft OF MAPS IN THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY; BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF MORRO AVENUE AS SHOWN ON SAID MAP OF THE CERRITO ADDITION; BOUNDED NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 13 IN BLOCK M; OF SAID CERRITO ADDITION; BOUNDED WESTERLY BY THE LINE OF MEAN' HIGH TIDE OF MORRO BAY. g,f?y�ra7 � Page NELSON Jd DESCRIPTION PARCEL 1: THE NORTH 100 FEET OF LOTS 2 AND 3 IN BLOCK N OF THE CERRITO ADDITION TO THE TO1.*1 OF MORRO, IN THE CITY" OF ri0=:i:0 BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED MARCH 14, 1888 IN BOOK. A, PAGE 31i OF MAPS IN THE OFFICE 01= THE COUNTY RECORDER OF SAID COUI.TY. PARCEL 2: ALL THAT CERTAIN TRA..CT OF LAND IN THE CERRITO ADDITION TO THE TOWN OF MORRO, IN THE CITY OF i-tORRO BAY, COUNTY OF SAN LUIS OBISPO, .STATE OF CALIFORNIA, ACCORDING TO VAP FILED MARCH 14, 1888 iN BOOK A. PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLWIS: ALL THAT CERTAIN TRACT OF LAND LYING BET'tlEEP! THE WESTERLY LINE OF MORRO AVENUE, IN THE "rowN OF I40L,".U, AND THE EASTERLY LINE OF HIGH WATER MARK OF MORRO BAY, AND THE NO'RTH''IESTERLY LINE OF LOT 2 IN BLOCK "tO' IN SAID CERRITO ADDITION TO THE TOl,IN OF MORRO. AND THE SOUTHEASTERLY LINE OF LOT li lid BLOCK "N" IF SAID LINES BE PRODUCES SOUTFIVIESTERLY ACROSS MORRO AVENUE TO SAID LINE OF HIGH WATER MARK. OF MORRO BAY. PARCEL 3: THAT PORTION OF MORRO AVENUE (NOW ABANDONED, AS LAID DOWN ON THE MAP OF THE CERRITO ADDITION TO THE TWIN OF MORRO, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING 'TO MAP FILED MARCH 14, 1888 IN BOOK A, .PAGE 34 OF MAPS, IN T-HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 4 IN BLOCK N OF SAID CERRITO ADDITION; THENCE NORTH 291° :'WEST ALONG THE NORTHEASTERLY LINE OF SAID MORRO AVENUE, 180 FEET; THENCE SOUTH 60' 54` VIEST, 70 FEET, MORE OR LESS, TO A POINT ON THE SOUTH'''IESTERLY LINE OF SAID MORRO AVENUE; THENCE SOUTH 29° EAST ALONG SAID SOUTH'rlESTER LY LINE 180 FEET; THENCE NORTH 600 34` EAST, 70 FEET, VORE OR LESS TO THE POINT OF BEGINNING. PARCEL 4: LOT rt AND THE SOUTHERLY 20 FEL"T OF LOT 3 IN BLOCK N OF CERRITO ADDITION TO THE. TOVIN 0E' MORRO, IN THE CITY OF MORRO, COJ'JTY OF SAN LUIS OBISPO, STATE OF CALIFOR,NIA, .ACCORDING TO THE NAP MARCH Ill, 1888 it'! BOOK A, PAGE 34 OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, S!'+ID SOUTHERLY 20 FEET OF LOT BEING MORE PART I CULARLY (?pti Gy.,IwEC: AS FOLLOVIS: Page 10 FILED j GRANOELL L BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 3; THENCE NOP,TFIWESTERLY ALONG THE SOUTH'A'ESTERLY LINE OF SAID LOT 3, 20 FEET; THENCE NORTH 600 42' EAST ALONG A LINE PARALLEL WITH THE SOUTH- EASTERLY LINE OF SAID LOT 3 AND 20 FEET DISTANT THEREFROM, 167.23 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF SAID - LOT 3; ' THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO THE t•tOST NORTHERLY CORNER, OF LOT 4; THENCE SOUTHWESTERLY ALONG SAID. NOPTH'.fESTERLY LINE 167.23 FEET TO THE POINT OF BEGINNING. PARCEL 5: ALL THAT CERTAIN TRACT OF LAND IN CERRITO'S ADDITION TO THE TO'NN OF MORRO, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS. OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED MARCH 14, 1888 IN BOOK A; PAGE 34 OF MAPS, IN THE OFFICE OF_THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF MORRO AVENUE, WHERE A SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTEPLY LINE. OF LOT 4 IN BLOCK N OF CERRITO ADDITION WOULD INTERSECT THE SOUTH- WEST LINE OF SAID MORRO AVENUE; THENCE NORTH 290 WEST ALONG THE SAID SOUTHWESTERLY.LINE, 80 FEET; TF:ENCE SOUTH 600 42' WEST TO THE LINE OF HIGH WATER MARK OF MORRO BAY; HENCE SOUTHEASTERLY ALONG SAID HIGH 14ATER M1ARK TO A POINT IN A LINE WHICH BEARS SOUTH 600 34' VIEST FROM THE POINT OF BEGINNING; THENCE NORTH 600_ 34' EAST TO THE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF MORRO AVENUE (NOW ABNADONED) AS LAID DOWN ON THE MAP OF CERRITO ADDITION TO THE TOWN OF MORRO, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED MARCH 14, 1888 IN BOOK A, PAGE 34 OF MAPS, IN! THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST CERRITO ADDITION; THENCE NORTH 290 WEST AVENUE, 80 FEET; SOUTHERLY CORNER OF LOT 4 IN BLOCK. N OF SAID ALONG THE NORTHEASTERLY LIRE OF SAID MORRO THENCE SOUTH 600 42' WEST, 70 FEET, MORE OR LESS TO THE SOUTHWESTERLY LINE OF SAID MORRO AVENUE; :HENCE SOUTH 290 EAST ALONG SAID SOUTHWESTERLY LINE, THENCE NORTH 600 34' EAST, 70 FEET, MORE OR LESS, TO OF BEGINNING. . gg"fy%pi�n Page 11 A 'POINT ON 80 FEET; THE POINT GRANNELL'- continuation • DESCRIPTION • PARCEL,1: LOTS .`; AND 6 IIN BLOCK N OF CERRITO ADDITIONN TO THE. TOWN OF MOP,RO, CITY OF MORRO BAY, IN THE COUNTY OF SAt%i LUIS OBISPO, STATE Or- CALIFORNIA, ACCORDING TO MAP FILED FO' RECORD MARCH 14, 1889, IN BOOK'. A, AT PAGE 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER 017 SAID COUNTY. •PARCEL 2: ALL THAT CERTAIN TRACT OF LAND IN CERRITO ADDITION TO THE TOiIN OF MORRO, CITY OF 1-IORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD MARCH 14, 18.39, Ihl BOOK A,. AT PAGE 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLL04lS: BEGINNING AT A POINT IN THE SOUTH'+liESTEP LY LINE OF MORRO AVENUE; WHERE A SOUTHWESTERLY PROLONGATION OF THE NORTH4•IESTERLY LINE. OF LOT 5 IN BLOCK N OF CERRITO ADDITION WOULD I14TERSEC-F THE SOUT"PlIEST LINE OF SAID MORRO AVENUE; THENCE SOUTH 290 EAST, ALONG SAID SOUTHWESTERLY LINE, 60 FEET MORE OR LESS TO A POINT IN THE SOUTHERLY LINE OF SALD CERRITO ADDITION; THENCE SOUTH 680 12' VIEST, 22 FEET, MOPE OR LESS,•TO THE LINE OF ORDINARY HIGH HATER OF MOPRO BAY; THENCE NORTH';lESTERLY ALONG SAID HIGH WATER LIHE TO A POINT IN THE LINE WHICH BEARS SOUTH 600 34' WEST FROM THE POINT OF BEGINNING; �HENCE NORT i 6G° 3t+' EAST TO THE POIPIT OF BEGINNING. PARCEL 3: THAT PORTION OF MORRO AVENUE AS LAID DOWN ON THE MAP OF CERRITO ADDITION TO THE TOWN OF I"tORRO, CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD M=.RCH 14, 1888 IN BOOT: A, PAGE 34 OF MAPS, IN THE OFFICE OF,THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 6 IN BLOCK, N OF CERRITO ADDITION; THENCE SOUTH 29° EAST ALONG THE NORTHEASTERLY LINE OF MORRO AVENUE, 13.70 FEET; THENCE SOUTH 820 12' WEST, 78.39 FEET TO A POINT IN THE SOUTH- WESTERLY LINE OF SAID MORRO AVENUE; THENCE NORTH 290 WEST ALONG SAID SOUTHI•lESTERLY LINE 60 FEET, 6fORE OR LESS, TO A POINT WHICH BEARS SOUTH 60° 311' WEST FRO}-1 "'0`T W�tiTEPLY COPNFP OF LOT 5 IN BLOCS; N OF SAID CERRI.1.0 ADD I T I011; THENCE NORTH 600 311' EAST, 70 FEET TO A. POINT IN THE LJORTHEASTER LY LINE OF SAID MORPO AVENUE; THL.XCE SOUTH 290 EAST ALONG SAID NORTHEASTERLY LINE, 88 FEET TO THE POINT OF BEGINNINGS Page 12 HOOVER LOTS I AND 2 IN BLOCK I OF MORRO 20Cr rAR- IN I— CITY OF MORRO BAY"'.4'.:.* INA IN PEP, MAP COUI,TY OF SA.N LUIS OE,*PO, STATE OF CALIFOR ;N IN BOOK 3, PAGE 315 OF ? RECORDED .:f MAPS, IN THE OFFICE OF THE COUNTY RECORO P E Z OF S��J D COUNTY V RICHARDS, CARLOS & ELIZABETH DITSCRIPTI% LOTS 3 KZ++WW IN BLOCK I OF MOPRO ROEn f , IN THE CITY OF MORRO &Ay, COUNTY OF SAN LUIS OHISPO, STATE AP CALIFORNIA, AS PER MAP RECOMDED IN BOOK 3, PAGE A OF MAPS, ,Ih TPS WFICE OF THE COUNTY RECORDER OF SAID COUNTY. y-yry'ry'r I RICHARDS, ELIZABETH DESCRIPTIV; LOTS 3 999UO IN BLOCK I CF MnPRO ROC': � . , I': WE CITY Of' MORRO. pl,,Y, COIJ!!TY OF SAN LUIS OPISPO, STATI. �" Wt PORIIIN As PER MAP ".-I-FICE RECOR15ED IN BOOK 3, PACE ISE) OF MAPS. p. OF T�ii-,. . COUNTY . RECORDER OF SAID COUNTY. HAWORTH, RUTH DESCRIPTION: LOTS 5, 6 AND 7 IN BLOCK 1 OF MORRO ROCK PARK, IN THE CITY OF MORRO BAY, COUNTY Of- SANWIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF 2000RD30 MARCH 4, 1920 Ind BOOK 3, PACE 36 OF MAPS, IN' THE OFFICE OF THE COUNTY RECOAP[P OF SAID COUNTY. Ppi OPT! 11 i ITOLB Page 13 MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1981 RECREATION HALL, 7:30 PM CALL TO ORDER PLEDGE OF ALLEGIANCE - Horace Strong, American Legion INVOCATION - Rev. Dart Anderson, Christian Life Center PUBLIC COMMENT PERIOD A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for the Month of March, 1981. A-2 Resolution designating Chief of Police to preside at hearings for abandoned vehicles. A-3 Approval of minutes for March 23, 1981 City Council Meeting. A-4 Resolution in support of the Great California Resource Rally, April 20-26, 1981. A-5 Approval and acceptance of Bid 81-2 waterworks material. A-6 Acceptance of Quitclaim Deed to Brian Bittke. A-7 Resolution for a mutual aid agreement between DFSP Estereo Bay and the City of Morro Bay. A-8 Resolution amending the Community Enrichment Program Budget. A-9 Co -Sponsorship of sailing instruction program in conjunction with the Morro Bay Yacht Club. B. OLD BUSINESS B-1 Proposed closing of South Street between Monterey and Main.Streets. B-2 Joint Powers Agreement between City of Morro Bay and County Service Area No. 15. C. NEW BUSINESS C-1 Contingency transfer for the City share of federal street repair projects. C-2 Resolution establishing funds to be used for financial management for the 1980-81 year and thereafter. C-3 Pinball and amusement arcades - consideration for zoning regulations. C-4 Contributions to County Symphony and Youth Symphony. C-5 Agreement for collection of special taxes and assessments. C-6 Request of Morro Bay Beautiful for use of City property. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 An ordinance to amend Section 10.48.100, 10.48.1401 10.48.150 and 10.48.160 of the Morro Bay Municipal Code (abandoned vehicle code - private property). D-2 An ordinance amending Section 10.08.030 of the Morro Bay Municipal Code (abandoned vehicle code - public property). D-3 An ordinance amending Title 9 of the Morro Bay Municipal Code (alarm systems code). D-4 An ordinance to add Section 14.60.200 to the Morro Bay Municipal Code (smoke alarm ordinance). D-5 Proposed Use Hearing - General Revenue Sharing. D-6 Appointments to Harbor Advisory Board. D-7 Request for extension of lease by Morro Bay Fuel Dock, Inc. i MORRO BAY CITY COUNCIL MEETING AGENDA - REGULAR MEETING - 4/13/81 Page Two D-8 Request for name change on lease agreement between City of Morro Bay and Barron and Doney. D-9 Request of Fish Shanty (Grill/Ross) for permit change. D-10 Staff report and recommendations on liquification design and anaerobic sludge digester for the Morro Bay/Cayucos Wastewater Treatment Plant. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1981 RECREATION HALL, 7:30 PM The meeting was called to order by Mayor Warren M..Dorn at 7:30.PM. Horace Strong of the American Legion led the pledge of allegiance. Mayor Dorn requested a minute of silent prayer in honor of Omar Bradley. He also requested that when the meeting was adjourned to do so in the memory of General Omar Bradley. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney . John Bressan, Director of Public Services Murrel Crump, Community Development Director Gary Napper, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Chamber of Commerce Expenditure Report for the Month of March, 1981. A-2 Resolution designating Chief of Police to preside at hearings for abandoned vehicles. A-3 Approval of minutes for March 23, 1981 City Council Meeting. A-4 Resolution in support of the Great California Resource Rally, April 20-26, 1981. A-5 Approval and acceptance of Bid 81-2 waterworks material. A-6 Acceptance of Quitclaim Deed to Brian Bittke. A-7 Resolution for a mutual aid agreement between DFSP Estereo Bay and the City of Morro Bay. , A-8 Resolution amending the Community Enrichment Program Budget. A-9 Co -Sponsorship of sailing instruction program in conjunction with the Morro Bay Yacht Club. Mr. Baxter read the Consent Calender to the Council and the members of the public present. MOTION: Councilwoman Deutsch moved that the Consent Calendar be approved. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Two B. OLD BUSINESS B-1 PROPOSED CLOSING OF SOUTH STREET BETWEEN MONTEREY AND MAIN STREETS. Mr. Baxter stated that this matter should be postponed until the next week since it was noticed improperly. Mr. LeSage stated that it might be best to formally notice this matter for a public hearing. MOTION: Mayor Pro-Tem Lemons moved that a public hearing be scheduled on the proposed closing of South Street between Monterey and Main Streets for April 27, 1981. This was seconded by Councilwoman Ward and so carried. B-2 JOINT POWERS AGREEMENT BETWEEN CITY OF MI SERVICE AREA Mr. Baxter stated that staff had met with Mr. Barker to determine the conditions that Council had placed for an audit to be performed on his books for calendar year 1980. Mr. Barker feels that such an audit is not necessary: Since this was a condition set by Council, it was staff's recommendation that we go out to bid for ambulance service in this area. There was a general discussion on the terminology between a certified audit and a compilation report. Mayor Dorn felt that we must first provide the service to the people of the community and not burden a public agency with a requirement of a certified audit if it has already been done. Councilwoman Deutsch felt that this audit may be an imposition that Council is placing on the ambulance company but there are a number of things that are concerns in this area. The Council has cancelled our contract with the County as of last November. The County is saying that we are going to have to stop paying the subsidy as of June 1. Mr. Barker is wishing to continue the subsidy and we voted last year because of .the difficulty of not knowing the financial status to stop the subsidy. We are asking for a clear picture of what we are talking about for the best interests of the people in our city. There was a general discussion about the paramedic program or lack thereof'in this area. It was felt that Mr. Baxter should write a strong letter to the County Board of Supervisors endorsing the EMT II Program for this area. Mr. Barker asked that his portion of this matter be pulled from discussion and brought back at a later date which was agreed to be all council members present. MOTION: Councilwoman Deutsch moved that the City pay to the County $6,860 for our share of the subsidy payments due the County Service Area No. 15, part of which will be taken from contingencies. It was further moved that the City Administrator write a letter to the County Board of Supervisors strongly requesting that EMT II training be given to all firemen. This was seconded by Mayor Dorn and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Three C. NEW BUSINESS C-1 CONTINGENCY TRANSFER FOR THE CITY SHARE OF FEDERAL STREET REPAIR PROJECTS. Mr. Baxter stated that a review of the City street projects revealed that no funds had been budgeted to allow for City payment of these projects. Specifically: Beachcomber and Yerba Street improvements were done in 1976, 1977, 1978, and 1979. Also the engineering on the Main Street project needs to be paid. Staff is recommending that Council authorize the transfer of $49,263.11 from contingencies to pay for these identified projects. John Bressan gave a brief explanation on this project. MOTION: Councilwoman Ward moved that staff be authorized to transfer $49,263.11 from contingencies to pay for the identified federal street repair projects. This was seconded by Councilman Anderson and carried unanimously by roll call vote. C-2 RESOLUTION ESTABLISHING FUNDS TO BE USED Mr. Baxter stated that the Finance Director has submitted for Council's approval a resolution which would establish funds and describe the purpose of funds and the sources of revenue as they relate to each particular fund. This would insure that amounts received for restricted purposes will not be inadvertently spent for other projects. Staff would recommend approval of this resolution. MOTION: Councilman Anderson moved for the approval of the resolution establishing funds to be used for financial management. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. C-3 PINBALL AND AMUSEMENT ARCADES - CONSIDERATION FOR ZONING REGULATIONS. Mr. Baxter stated that the Director of Community Development has prepared a resolution which would initiate changes in the Municipal Code relating to amusement arcades in the City. This was prompted by concerns that arcades may proliferate which would cause enforcement problems and not be in accordance with the patterns in the community. MOTION: Councilwoman Ward moved to adopt the resolution on proposed zoning changes and request that the Planning Commission hold a public hearing on this matter. This was seconded by Mayor Pro-Tem Lemons and carried unanimously .by roll call vote. C-4 CONTRIBUTIONS TO COUNTY SYMPHONY AND YOUTH SYMPHONY. Mr. Baxter stated that provisions were made in the 1980-81 budget to support the County Symphony and the Youth Symphony in the amount of $400 each. Staff would now recommend the authorization to pay these funds to the respective organizations. MOTION: Councilwoman Deutsch moved to authorize staff to pay the County Symphony and the Youth Symphony a total of $400 each for the 1980-81 fiscallyea This was seconded by Mayor Dorn and carried unanimously by rolf call vote. • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Four C-5 AGREEMENT FOR COLLECTION OF SPECIAL TAXES AND ASSESSMENTS. Mr. Baxter stated that the County Auditor/Controller has submitted to the City an agreement for collection of special taxes and assessments which his office will perform. The agreement provides for the Auditor's Office to collect a fee of $1 per parcel should they collect any special taxes or assessments for the City of Morro Bay. MOTION: Mayor Pro-Tem Lemons moved for the approval of an agreement with the County Auditor/Controller's Office for the collection of special taxes and assessments. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C-6 REQUEST OF MORRO BAY BEAUTIFUL FOR USE OF CITY PROPERTY. The City has received a request from Morro Bay Beautiful requesting that quarters be provided for them to house records and equipment and for periodic use by the organization for their projects in the City. Staff has reviewed the city facilities and would recommend that Morro Bay Beautiful be granted a one year use to the upstairs of the Dial -A -Ride Building for storage of materials only. Mr. LeSage stated that he would like to review 1090 before the Council made a decision on this matter since several of the'Council members are members of Morro Bay Beautiful. MOT.ION:_ Mayor Dorn -moved that this matter be'referred to the City Attorney for his review of 1090. This was seconded by Councilwoman Ward and so carried. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 AN ORDINANCE TO AMEND SECTION 10.48.100, 10.48.140 10.48 150 AND 1( nF TNF MnRRn RAV MIINTrTDAI rnnr Mr. Baxter stated that this ordinance would authorize the Chief of Police to conduct the abatement and hearing process for vehicles on public and private property. Partial discussion on this was given in Item A-2 earlier in the meeting. MOTION: Councilwoman Ward moved that the public hearing on this ordinance be closed. This was seconded by Councilman Anderson and so carried. MOTION: Mayor Pro-Tem Lemons moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance to amend Section 10.48.100, 10.48.140, 10.48.150 and 10.48.160 of the Morro Bay Municipal Code." MOTION: Mayor Pro-Tem Lemons moved for.the approval of this ordinance and that this constitutes the first reading. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Five D-2 AN ORDINANCE AMENDING SECTION 10.08.030 OF THE MORRO BAY MUNICIPAL CODE. Mr. Baxter stated that this would ordinance would authorize the Chief of Police to conduct the abatement and hearing process for vehicles on public and private property. MOTION: Councilwoman Ward moved that the public hearing on this ordinance be closed. This was seconded by Councilman Anderson and so carried. MOTION: Mayor Dorn moved that this ordinance be read by title only. This was seconded by Councilwoman Deutsch and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Section 10.08.030 of the Morro Bay Municipal Code." MOTION: Mayor Pro-Tem Lemons moved for the approval of this ordinance and that this constitutes the first reading. This was seconded by Councilman Anderson and so carried. D-3 AN ORDINANCE AMENDING TITLE 9 OF THE MORRO BAY MUNICIPAL CODE. Mr. Baxter stated that the current Municipal Code does not make provisions for nor regulate the placement, repair or response to the use of burglar or intrusion alarms in the City limits. The Chief of Police has submitted the ordinance to address the use of alarm systems within the City. This ordinance spells out a permit procedure for alarms, defines the responsibility of the department, the owner and the vendor/maintenance company and also provides for a violation and penalties clause for any person convicted of violation of the alarm provision of the code. Chief Olson stated that there are no rules and regulations governing installation, service, maintenance and no penalties for people who abuse this alarm. The proposed ordinance is similar to the ones used in Santa Maria and San Luis Obispo. Al Hall, owner of the Whale's Tail, stated that the Police Department's response on an alarm was fantastic and felt having the system is well worth it. Councilwoman Deutsch felt.that this ordinance would be very restrictive and people could feel discriminated against. However,.Chief Olson stated that this is a problem within the City and felt this is at least a start. MOTION: Councilman Anderson moved to close the hearing on this ordinance. This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Dorn moved that.this ordinance be read by title only. This was seconded by Councilwoman Ward and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Title 9 of the Morro Bay Municipal Code." MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Six D-3 Continued MOTION: Mayor Pro-Tem Lemons moved for the approval of this ordinance and that this constitutes the first reading. This was seconded by Mayor Dorn and carried unanimously by roll call vote. D-4 AN ORDINANCE TO ADD SECTION 14.60.200 TO THE MORRO BAY MUNICIPAL CODE. Councilwoman Ward excused herself from this portion of the meeting. Mr. Baxter stated that the Fire Chief has submitted this proposed ordinance as a means of upgrading safety in the motels of our City. The ordinance would require existing motel dwelling units within the City to initially have one smoke detector as approved by the Fire Department and by January 1, 1983 require all dwelling units in each motel to have smoke detectors. Chief Zerr did review this with the Motel Owners Association and they are supportive of this organization. Councilwoman Deutsch felt that the Motel Owners should not have this amount of time to get the detectors placed. She felt that January 1, 1.982 should be ample time. It was then agreed that the ordinance would be amended to read January 1, 1982 as the date whereby all smoke alarms would be placed in the dwelling units. MOTION: Mayor Pro-Tem Lemons moved that the public hearing on this ordinance be closed. This was seconded by Councilman Anderson and so carried. MOTION: Councilwoman Deutsch moved that this ordinance as amended should --.be read by title only. Mr. Baxter read this ordinance by title only - "An Ordinance to add Section 14.60.200 to the Morro Bay Municipal Code." MOTION: Mayor Pro-tem Lemons moved for the approval of this ordinance as amended and the findings of fact. This was seconded by Councilwoman Deutsch and carried on a roll call vote with Councilwoman Ward abstaining. D-5 PROPOSED USE HEARING - GENERAL REVENUE SHARING. Mr. Baxter stated that prior to the preparation of the budget for fiscal year 1981-82, Council is required to hold public hearings and receive public comment about the use and expenditure of revenue sharing funds for the upcoming fiscal year. Staff estimates that the entire amount available, $437,749, will need to be dedicated to the construction of the Wastewater Treatment Plant. Staff would recommend that Council receive public input on the matter, close the public hearing and allow staff to take whatever input is available into consideration while the budget for 1981-82 is being prepared. This matter was then open to public comments. There were no public comments to this matter. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Seven D-5 Continued MOTION: Councilwoman Deutsch moved for the close general revenue sharing funds and allow was received into consideration for the year 1981-82. D-6 APPOINTMENTS TO HARBOR ADVISORY BOARD. of the public hearing on staff to take whatever input budget preparation for fiscal Mr. Baxter stated that according to the Morro Bay Municipal Code, the terms of the Harbor Advisory Board are for two years beginning Maylfollowing the regularly scheduled municipal election. However, current appointees were to serve until April 30, 1981. Staff would recommend that the entire Board and alternates be named to serve an additional year in order to comply with the Municipal Code. The sixth position, which Council approved earlier, can now be appointed by Council. Councilman Anderson expressed the desire to have staggered terms for the Board and suggested that staff come back with an ordinance change on this item.. MOTION: Mayor Pro-Tem Lemons moved that the entire Harbor Advisory Board and alternates be reappointed to serve until April 30, 1982 in accordance with the Morro Bay Municipal Code and that Doug Riddell be appointed'to` the Board. This was seconded by Mayor Dorn and carried unanimously by roll call vote. There was a brief recess called at 9:25 PM with the meetingreconvening at 9:30 PM. D-7 REQUEST FOR EXTENSION OF LEASE BY MORRO BAY FUEL DOCK, INC. Mr. Baxter stated that the Council last heard this at their meeting of October 24, 1980 at which time they requested additional financial information be provided to staff as a means of verifying the dollar amount improvements submitted by the lessee. The amount spent has been verified by the Building Inspector. Although' the City is in a review process on all leases, it was felt that the applicant had been in the pipeline prior to Council's decision on review of the leases and should,not at this time be'caught up in the freeze being placed on current applicants. Staff would recommend that Council extend the current lease with Morro Bay Fuel Dock for a 19 year period in accordance with previous extension policy. This would extend the lease to December 31, 2007. There was a general discussion on the building permits required for this remodeling work. Ross Newkirk of Morro Bay Fueld Dock stated that the then city administrator, Murray Warden, did not require a building permit and it was approved by the Coastal Commission. Murrel Crump stated that any building permits applicable can be issued after the fact. u 46 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Eight MOTION: Councilwoman Deutsch moved that the Council extend the current lease with Morro Bay Fuel Dock for a 19 year period (December 31, 2007) and that the firm apply for any building permits necessary. This was seconded by Mayor Pro-Tem Lemons and carried by roll call vote with Councilman Anderson abstaining. W1 LEASE AGREEMENT BETWEEN CITY I Mr. Baxter stated that a request9 had been received from Phillip J. Barron that the name of Arthur Doney be removed from the lease agreement pursuant to a dissolution of the partnership. Mr. Barron has submitted the appropriate papers certifying the dissolution. Staff recommends that Council approve the request as submitted. Since Mr. Barron is past due on his account with the City, Council asked him if he was going to clear his account. Mr. Barron stated that his business is currently up for sale and the proceeds from the sale will be used to pay the balance owed the City. Mr. LeSage felt that this should be put into the motion. MOTION: Mayor Dorn moved that the request of Phillip Baron to remove Arthur Doney's name from the lease be approved and that any past due amount owned by paid to the City. This was seconded by Councilwoman Ward and so carried. D-9 REQUEST OF FISH SHANTY (CRILL/ROSS) FOR PERMIT CHANGE Councilman Anderson excused himself from this portion of the meeting. Mr. Baxter stated that the attorney representing the Ross' had submitted a letter to Council describing what they feel are the issues surrounding the lease interpreation for Lease Sites 134-135. However, the staff's position is as follows: (1) that the master lease for all three sites only indicate that beverages are to be served - not beer and wine; (2) that the lessee did not have approval to convert Lease Sites 134 and 135 into a restaurant. A previous Council had authorized the sale of food on Lease Site 136 for pre -prepared food take-out window service and small tables to allow patrons to sit down and eat the food, but not on lease sites 134 and 135. Mr. Biering, attorney for the Ross', handed out a packet of information to the Council for their review (see Exhibit A). He felt that the language of the lease was very vague and since the lease states that beverages can be served, he felt this would include the sale of beer and wine: His client's need to serve beer and wine in order to be competitive with the other businesses in the area. Mr. Biering also felt that on the matter of a non -conforming use of the lease, a letter was submitted in 1979 to Council asking for whatever action was necessary to sublease these sites to the Ross'. 'In Mr. Biering's opinion, there has never been a consistent policy on the lease sites. MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Nine D-9 Continued Mr. LeSage informed the Council that they had the power to change the lease. However, all the lease documents on the Embarcadero do spell out the exact uses - i.e., sale of beer and wine, restaurant, etc. He felt that the lessee was trying to avoid having to convert to a city lease by changing the county lease to fit his purpose. Councilwoman Ward felt that everything should be clearly spelled out in the lease so there will be no misunderstanding in the future. Mayor Dorn felt that the sale of beer and wine may be a permitted use under the lease. However, Mr. LeSage stated that the Council may wish to have the Planning Commission review this matter first since he felt that it was a change in the permitted use in a PD zone. MOTION: Councilwoman Ward moved that the public hearing be closed and the Council take some form of action. This was seconded by Mayor Dorn and so carried. MOTION: Councilwoman Deutsch moved that this matter be referred to the Planning Commission for an examination on whether or not this particular site is suitable for a restaurant. This was seconded by Councilwoman Ward but did not pass with a majority vote. There was a brief discussion on this matter by all concerned. MOTION: Councilwoman Deutsch moved that the matter be returned to the Planning Commission for their recommendation on the continued use of the Fish Shanty as it is in its present state. This was seconded by Councilwoman Ward and so carried. D-10 STAFF REPORT AND RECOMMENDATION ON LIQUIFICATION DESIGN AND ANAEROBIC Mr. Bressan stated that with discussions with state agencies, he had been informed that it would be appropriate to design the new structures at the Wastewater Treatment Plant to withstand a certain level of earthquake. The engineering firm is recommending that we densify the soil so that it will support the load of the structures during an earthquake. This effort will substantially protect a portion of the structure during an earthquake. If there was a severe earth- quake, the old portion would be totally destroyed. This would be grant fundable. Staff would recommend that Council authorize Brown & Caldwell to proceed with the design of the•liquification prevention and authorize the expenditure of $5;415 for design of the program and also the expenditure of $174,415 for construction of the project. Mr. Bressan also gave a brief report to Council on the status of the State's approval on the third anaerobic digester. Basically the state is still considering the request and will advise the city in the near future as to whether or not the third digester is acceptable (grant fundable). i • MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Ten E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 LOCAL COASTAL PLAN - LAND USE PROGRAM; UPDATE FROM PREVIOUS DISCUSSIONS. Mr. Baxter stated that as part of the City's overall strategy in trying to regain local authority over the issuance of permits and determination of water allocation, it is important that the Phase II project be completed within the time frame work that the Commission has requested - July 1. The Community Development Director has outlined a scenerio whereby he can meet that deadline given additionalappropriation of $3,000 (and diversion of existing staff to assist with this task). Staff would recommend the following: (1) that Council appropriate $3,000 from contingencies and that these funds be transferred to the Community Development Department for Local Coastal Plan revisions and (2) that Council consider the appointment of a mini -committee of two members of Council and an alternate to work with the director in the.re-draft process as a means of expediting the revisions to meet the July 1, 1981 deadline. MOTION: Councilwoman Deutsch moved to.appropriate $3,000 from contingencies for Local Coastal Plan revisions and that John Lemons and Herminia Ward be appointed to aid in.the re -draft process to meet the July 1 deadline. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E-2 APPROVAL OF PLANNING COMMISSION ZONING ORDINANCE INTERPRETATION. Mr. Baxter stated that the Planning Commission is asking that Council authorize an interpretation that the Planning Commission has made of a code regarding the zoning ordinance. The matter is entirely procedural and staff would recommend approval of the Planning Commission interpretation contained in Resolution 14-81 that relates to pre-schools and similar child-care facilities. MOTION: Councilwoman Deutsch moved for the approval of the Planning Commission interpretation contained in Resolution 14-81 that relates to pre-schools and similar child-care facilities. This was seconded by Mayor Pro-Tem Lemons and carried unanimously.by roll call vote. E-3 DESIGNATION OF AUTHORITY FOR DISABILITY RETIREMENTS. Mr. Baxter stated that staff is submitting a resolution authorizing him to be named as the authority for disability retirements in the cases of Mehaffey and Bradford. MOTION: Mayor Pro-Tem Lemons moved that Paul Baxter be named as the hearing officer in the disability retirement cases of Mehaffey and Bradford. -This was seconded by Councilwoman Ward and so carried. E-4 SONIC CABLE TV. Councilman Anderson asked if Sonic Cable TV had the right.to transmit HBO on the regular Cable TV?' Mr. LeSage stated that this matter would have to be researched, which he would do. 0 MINUTES - MORRO BAY CITY COUNCIL Regular Meeting - April 13, 1981 Page Eleven E-5 ABSENCE OF MAYOR DURING THE MONTH OF MAY. Mayor Dorn stated that he will be out of the country during the month of May. According to the government code, a motion is needed for his absence. MOTION: Councilwoman Deutsch moved that Mayor Dorn be allowed to be absent the month of May since he will be out of the country. This was seconded by Mayor Pro-Tem Lemons and so carried. E-6 TIDELANDS MATTER. Mr. LeSage requested an executive session on the Tidelands Matter. The meeting was adjourned into executive session at 11:10 PM. It was reconvened at 11:40 PM. MOTION: Mayor Pro-Tem Lemons moved for the adjournment of the meeting. This was seconded by Councilwoman Ward and so carried. The meeting was adjourned at 11:40 PM. Respectfully submitted, \PAUL BAX.TEERR, CITY CLERK by Bonita Murray, Deputy . ity Clerk. • DRAFT DESCRIPTION KOLB ENCROACHMENT AREA A portion of the Tidelands Grant to the County of San Luis Obispo as shown o n a map thereof recorded September 12, 1958, in Book 1 of Mis cellaneous Maps, at Page 1, San Luis Obispo County Recorder's Office, more particularly described as follows: COiMENCING at Station No. 38, said station being the northwesterly terminus of that certain course shown as being N 430 49' 51" W 69.31 feet on that said Map of the Grant to County of San Luis Obispo; thence along said Grant Line 11 5e 13' 28" W to the intersection with the Southerly line of Lot 7 as shown on the Clap of Morro Rock Park, filed March 4, 1924, in Volume 3 of Maps at Page 36, San Luis Obispo County Recorder's Office, being the TRUE POINT OF r BEGINNING of the herein described parcel, thence continuing along said Grant N LineY52° 13' 28" W 58.36 feet to Station No. 39, being the intersection of the Grant Line with the mean high tide line 1956, as shown on said map, said point. also being located at California Coordinates, zone 5 cf Y,=1,150,740.00 and Y=687,960.00; thence N. 69° 26' 38" W., along said mean high tide line, 65.00 feet; thence S 230 53' 21" W 5.00 feet; thence S 630 08' 43" E 30.38 feet; thence S 530 00' DO" E 23.00 feet; thence N 370 00' 00" E 4.00 feet; thence . r S 5301 00' 00" E 49.00 feet to the intersection with the Northwesterly prolongation of said Southerly line of Lot 7; thence S 890 38' E 22.00 feet along said Southerly line to the true point of beginning. EXHIBIT 0 67 DESCRIPTION EMBARCADERO LEASE PROPERTY A portion of the Tidelands Grant to the County of San Luis Obispo as shown on a map thereof recorded. September 12, 1958 in Book 1 of Miscellaneous I -laps, at Page 1, San Luis Obispo County Records, more particularly described as follows: Commencing at Station 39, being the intersection of the Grant Line with the mean high tide line 1956, as shown on said map, said point also being located at California Coordinates, zone 5, of X=1,150,740;00: and Y=687,960.00 ; thence N.69026'38"W., along said mean high tide line, 65.00 feet; to the true point of beginning of the parcel to be described; thence N.23013'33"W., 160.42 feet; thence S.34017'43"W., 83.85 feet; thence S.77007'30"E., 64.44 feet; thence S.00036'16"E., 18.20 feet; thence _ N.86057'51"W., 13.98 feet; thence S.22059'39"E., 19.47 feet; thence S.43034'56"E., 13.79 feet; thence S.64037'07"E., 48.02 feet; thence N.23053'21"E., 2.37 feet to the true point of beginning. EXHMIT FF 5306 s9f t L E A S E THIS LEASE is made and entered into by and between the CITY O MORRO SAY, a municipal corporation of the State of California, herein called CITY, and ELENOR HOLB herein called TENANT. - ;�:: .v; C F:Z TNESSETH .WHEREAS, the State of California granted certain tide and submerged lands located within the city limits all CITY to the County of San. Luis Obispo .and to its successors, being Chapter 1076, Statutes of 1947, as anended by Chapter 413, Statutes of 1955, Chaoter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended . from time to time by the Legislature of the State of California;' all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY OF MORRO BAY; Lessor herein, succeeded to all of the right, title, and interest of the County of.San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968 in the case of CITY OF MORRO BAY, plaintiff, versus County of San Luis Obispo, and State of California, defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, f30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the.State of California to the County of San Luis Obispo in trust, as set M TIDELANDS MAP FYM1T DESCRIPTION PARALLEL PUBLIC ACCESS WAY A portion of the Tidelands Grant 'to the County of San Luis Obispo as shown on a map thereof recorded September 12, 1958 in Book 1 of Miscellaneous Maps at Page 1, San Luis Obispo County records, more particularly described as follows: Commencing at Station 39, being the intersection of the Grant Line with the mean high tide line 1956, as shown on said map, said point also being located at California Coordinates, zone 5, of X=ll507gDeLia".and Y=687,960.00 ; thence N.69026'38"W., along said mean high tide line, 65.00 feet to the true point of beginning of the lateral public access Way to be described; thence N.23013'33"W., 11.54 feet; thence N.64037'07"W., 37.44 feet; thence N.43034'56"W:, 10.11 feet; thence N.22059'39"W., 1-.641 feet; thence S.86057'51"E., 8.63 feet; thence N.00036'16"W., 36.74 feet; thence N.77007'30"W., 68.40 feet; thence S.34017'43"W., 10.74 feet; thence S.77007'30"E., 64.44 feet; thence S.00036'16"E., 18.20 feet; thence N.86057'51"W., 13.98 feet; thence S.22o59'39"E., 19.47 feet; thence S.43034'56"E., 13.79 feet; thence S.64037'07"E., 48.02 feet; thence %-.23053'21"E., 2.37 feet; to the of beginning. true point a- /��7 59ft 0,0-301Ae- / � §) /j 10 EAN|§|f H— ƒ DESCRIPTION OF PROPERTY OWNERS' PARCELS EXHIBIT 9 r] 0 effect during the lifetime of the existing PROPERTY OWNERS or thirty years from the date this agreement is signed by the CITY, whichever is less. e. CITY agrees to remove the existing fish cleaning facilities and agrees to relocate the existing fish cleaning facilities in an area north of the existing launch ramp. 5. With respect to the RUBIN parcel, Lots 1 and 2, Morro Rock Park, the CITY agrees that in the event Morro Avenue is extended the Morro Avenue extension will not intrude on the RUBIN parcel to any extent greater than the approximate location of the toe or base of the existing bluff along the westerly side of the RUBIN parcel. The CITY further agrees that it will not extend Olive Avenue in an east/west direction in a manrer that would result in establishing Olive Avenue as the access road to the park area in lieu of Morro Avenue. The CITY agrees and recognizes that this, agreement constitutes a binding covenant on the CITY enforceable by the adjoining PROPERTY OWNERS and the public generally for a thirty year term commencing from the date this agreement is signed by all parties The PROPERTY OWNERS reserve the right to object to the extension of Morro Avenue at the time the Council considers such extension. 6. It is agreed that an encroachment permit, attached as Exhibit C, will be granted to ELENOR KOLB for the area beginning approximately at Station 39 on the "Mean High Tide Line 1956" as depicted on the map of the grant to San Luis Obispo County prepared by the State Lands Commission and recorded September 12. 1958 at Book 1, Page 2 of miscellaneous Maps and eXtending south to the southerly line of Lot 7, Cerrito Addition, said area being west of the agreed boundary line and including the existing concrete seawall. The encroachment permit will be granted for a term not to exceed twenty-five (25) years. It is expressly agreed that no new improvements will be constructed in the encroachment area. ELENOR KOLB agrees to maintain the existing seawall. The CITY shall have the right to construct a pedestrian walkway and fence in the encroachment area and may at its option repair or replace the seawall. The encroachment area is approximately 6 feet wide and includes the area west of Lot 7, Cerrito Addition, and a small portion of the area west of the southerly .quarter of Lot 6, Cerrito Addition. The encroachment area is described on Exhibit D. CITY reserves the right to establish lateral access across the area subject to the encroachment permit by constructing a pedestrian walkway Utilizing the existing or a replacement seawall. 7. It is agreed that, subject to the limitations and reservations set forth herein the CITY shall enter into leases with CARLOS G. RICHARDS, E. H. RICHARDS, R. H. HAWORTH and ELENOR KOLB, for the area of land described in Exhibit E attached hereto and incorporated by reference herein, hereinafter referred to as "Lease Parcel", for a term not to exceed twenty-five (25) years, for consideration of an amount' per annum which will be six percent of fair market value as of February 1,.1981, as determined by an appraiser selected by CITY, and according to other terms, covenants and conditions as specified in the Lease attached hereto as Exhibit F. The -11- "Lease Parcel" description is to be derived from field survey and tied to monuments of record. The Lease Parcel is generally that area southerly of the existing east/west chain link fence which begins at Station 39-2A as depicted on the Map attached hereto as Exhibit G and extends westerly. In the event KOLB and/or HAWORTH/RICHARDS disagree with the appraised value they may at their sole cost and expense hire a second appraiser and the appraisers so selected shall choose a third referee appraiser. The determination of appraised value of the referee appraiser shall control. The cost of the referee appraiser shall be divided equally between the CITY and KOLB and/or HAWORTH/RICHARDS. It is expressly agreed that no new improvements may be constructed by HAWORTH/RICHARDS/KOLB or their heirs, successors in interest or assigns on the Leased Parcel during the term of said lease. The Lease Parcel includes a ten (10) foot wide area along the existing shoreline described in Exhibit H. The ten foot wide lateral public access way is reserved to the CITY for use by the CITY.at its option and election as a lateral access way for the public and for passive recreational use. CITY further reserves in the Lease Parcel an access way for the replacement, repair and maintenance for the existing sewer line located south of the HAWORTH/RICHARDS chain link fence. When and if the CITY elects to utilize the ten (10) foot wide lateral access way, the area used shall be excluded from the lease rental. A map depicting the ten (10) foot wide access way is attached as Exhibit H-1. a. The area leased jointly to HAWORTH/RICHARDS includes the triangular area north of the existing six inch block wall which is located approximately at the -12- westerly. extension of the northerly line of Lot 5, Cerrito Addition, being property of ELENOR KOLB. HAWORTH/RICHARDS will mutually agree regarding allocation of access and use and the lease will be signed with them jointly. The purpose of said lease is to enable HAWORTH/RICHARDS and their heirs, assigns and successors in, interest to use the Lease Parcel for reasonable access to and from that public roadway commonly known as the Embarcadero and to maintain, repair, and to use existing improvements located on the Lease Parcel. b. The area south of the existing six inch block wall will be leased to.KOLB alone. The area south of the existing block wall refers generally to that area which is established by the westerly extension of the northerly line of Lot 5, Cerrito Addition, and is bounded on the south by Stations 39, 39-2, 40 on the "Mean High Tide Line 1956" as depicted on the map attached as Exhibit G. The Lease Parcel excludes any land or improvements west of the existing concrete seawall and includes a ten (10) foot wide area along the existing shoreline described in Exhibit H. The ten foot wide lateral public access way is reserved to the CITY for use by the CITY at its option and election as a lateral access way for the public and for passive recreational use. CITY further reserves in the Lease Parcel an access way for the replacement, repair and maintenance for the existing sewer line located -13- south of the HAWORTH/RICHARDS chain link fence. and if the CITY elects to utilize the ten lateral access way, the area used shall be excluded from the lease rental. The PROPERTY OWNERS signing this Agreement agree to simultaneously sign a Boundary Line Agreement for the purpose of describing and settling the agreed boundary line between their parcels and the property held in trust by the CITY and further agree that a judgment may be entered in San Luis Obispo County Superior Court Action Number 47973 entitled CITY OF MORRO,BAY, etc., et al. Plaintiffs, v. CARLOS G. RICHARDS, et Defendants and San Luis Obispo County Superior Court Action Plaintiffs, entitled CITY. OF MORRO BAY, INC., etc., et al, Defendants in favor of Plaintiffs and against said Defendants which judgment shall finally establish the mean high tide line in accordance with the terms of the Boundary Line Agreement, it being the intent of the parties that the aforesaid agreed boundary line be permanent and fixed and not subject to change by reason of erosion or accretion. This agreement is entirely separate from and is entirely independent of the Boundary Line Agreement and the Boundary Line Agreement will remain in full force and effect whether or not the CITY complies with the terms of this agreement. The PROPERTY OWNERS' sole remedy under this agreement is to seek legal enforcement of the terms of this agreement. The parcels of the PROPERTY OWNERS signing this agreement are described on Exhibit I attached hereto and by this reference incorporated herein. 10. Except as provided in paragraph 11 herein, this agreement shall be effective when signed by each of the parties hereto, and shall be binding upon and inure to the benefit of the heirs, assigns and successors in interest of the parties hereto. 11. It is agreed and understood that the CITY reserves the right not to accept this agreement with all or any of the PROPERTY OWNERS unless all of the PROPERTY OWNERS of the parcels included in San Luis Obispo Superior Court Actions 47973 and 49788 other than CARATAN sign this agreement and the Boundary Line Agreement. If some but not all of the PROPERTY OWNERS sign this agreement and the Boundary Line Agreement, the CITY may, at its option, elect not to accept this agreement as to some or as to all of the. PROPERTY OWNERS who have signed. This agreement will not benefit and does not apply to PROPERTY OWNERS not signing this agreement. This agreement shall not become effective until and unless it is approved by the CITY Council and executed by the Mayor and CITY Clerk. This agreement cannot be modified except by express written agreement approved by the CITY Council and signed by the Mayor and CITY Clerk. It is further recognized and agreed that after this agreement is signed by all of .the PROPERTY OWNERS, the CITY reserves the right not to sign or accept this agreement until it is assured of funding for park purposes and further that the CITY reserves the right not to accept or sign this agreement until approved by a majority of the Council after public hearings are conducted regarding the proposed settlement terms including this agreement. -15- IN WITNESS WHEREOF, the parties to this agreement have executed the same as of the date set forth below. CITY OF MORRO BAY A Municipal Corporation Date• BY• Mayor Date: BY• CITY Clerk The undersigned hereby join in the above Agreement With CITY of Morro Bay as a party in interest, ratify it, and agree to be bound by the provisions contained herein. Date: CARLOS G. RICHARDS Date: ELIZABETH H. RICHARDS Date: RUTH H. HAWORTH Date: ELENOR KOLB Date: WALTER E. RUBIN Date: WINIFRED RUBIN Date: CHARLES E. OGLE Date: LOUISE M. OGLE Date: NADINE E. RICHARDS Date: VERNON C. NELSON Date: WILLIAM M. GRANNELL Date: -16- MARVIN HOOVER Date: LYDA HOOVER Date: GLADYS A. YOUNG as Administrator of the Estate of MONTE YOUNG Date: GLADYS A. YOUNG, also known as LILY GLADYS YOUNG Date: JAMES J. HAGENBACK Date: EMMIE L. HAGENBACK APPROVED AS TO FORM AND LEGALITY: MICHAEL T. LeSAGE A PROFESSIONAL CORPORATION' BY: MICHAEL T. LeSAGE OGLE, GALLO & MERZON BY• CHICKERING & GREGORY BY• STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor and known to me to be the CITY Clerk of the Municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the Municipal corporation therein named, and acknowledged to me that such Municipal corporation executed the within instrument pursuant to a resolution of its CITY Council: WITNESS my hand and official seal. -17- PARCEL 3: A PARCEL OF LAND 1N THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED SOUTHEASTERLY BY THE SOUTHWESTERLY PPOLONGATION OF THE SOUTHEASTERLY LINE OF LOT 11 IN BLOCK L OF CERRITO ADDITION TO THE TOWN OF MORRO AS SHOWN ON MAP FILED IN BOOT: A, PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF MORRO AVENUE AS SHOWN ON SAID MAP OF THE CERRITO ADDITION; BOUNDED NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 9 IN BLOCK L OF SAID CERRITO ADDITION; BOUNDED WESTERLY BY THE LINE OF MEAN HIGH TIDE OF MORRO BAY. PARCEL 4: THAT PORTION OF MORRO AVENUE, ABANDONED IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO,'STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF CERRITO ADDITION TO THE TOWN OF MORRO, FILED IN BOOK A, PAGE 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY, BOUNDED AS FOLLOWS: BOUNDED NORTHEASTERLY BY THE CENTER. LINE OF SAID MORRO AVENUE; BOUNDED SOUTHEASTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- EASTERLY LINE OF LOT 11 IN BLOCK L OF SAID CERRITO ADDITION; BOUNDED NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE NORTH- WESTERLY LINE OF LOT 9 IN BLOCK L OF SAID CERRITO ADDITION; BOUNDED WESTERLY BY THE LINE OF MEAN HIGH TIDE OF MORRO BAY. EXHIBIT A rA c EXHIBIT CITY OF NORRO BAY State of California 1. Applicant, hereinafter referred to as OWNER, wishes to: maintain the existing concrete block walls along the north and south property lines and a concrete bulkhead along. the waterfront over the undeveloped City property described on Exhibit C-1 attached hereto and by this reference incorporated herein for a period of twenty-five years from the date of this agreement. 2. In consideration of OWNER'S agreement to the following, CITY grants OWNER the right to maintain said structures. a. OWNER agrees to indemnify and hold CITY free from all liability, expense, and claim for damages by reason of any injury or death to any person or persons, including OWNER, or property of any kind whatsoever and to whomsoever at all times during the term of this encroachment permit, OWNER hereby covenanting and agreeing to indemnify and save CITY harmless from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses however occurring. b. OWNER agrees to maintain said structures in a safe condition and agrees not to allow the storage of any objects on said structures and further agrees not to maintain or allow obstructions on said structures. In the event OWNER fail.s to maintain said structures in a safe condition or fails to immediately remove any obstruction or correct an existing unsafe condition on said structures, OWNER agrees and understands that CITY may, at its option, repair said structures, remove any object placed on it, or remove the structure. OWNER further agrees to pay CITY the cost of such removal or repair including collection costs and Attorneys fee costs, if any. C. It is expressly agreed that no new improvements will be constructed in the encroachment area. d. The CITY shall have the right to construct a pedestrian walkway and fence in the encroachment area and may at its option repair or replace the existing seawall. CITY reserves the right to establish lateral access across the area subject to the encroachment permit by constructing a pedestrian walkway utilizing the existing or a replacement seawall. 3. Additionally to and independently of all other provisions of this encroachment permit, OWNER shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property damage insurance with the limits of not less than $200,000.00 for injuries to or death of any one (1) person, and $500,000.00 for injuries to or death of any two (2) or more persons, and.$75,000.00 for property damage, issued by insurers approved in writing by CITY whereof CITY shall be the named or additionally named insured. The terms of said policies may be -2- for such period as shall be designated by OWNER; provided, however, that within two (2) months prior to the expiration of such insurance terms, OWNER shall procure other policies of said insurance so that between the execution of this encroachment and the commencement of the encroachment term, and throughout the entire encroachment term or any renewal thereof, or until the sooner termination hereof, CITY shall always be a named insured under the policies of comprehensive public liability and property damage insurance in accordance with the foregoing. Certificates of said insurance, together with the receipts for the payment of premiums for the terms thereof, shall be delivered to CITY within ten (10) days after the execution of this encroachment permit, and, thereafter within thirty (30) days prior to the expiration of the term of each such policy. Said policies shall contain a non -cancellation -without notice clause and shall provide that copies of all cancellation notices shall be sent to CITY. 4. This agreement binds the heirs, successors and assigns of the parties and the parties consent to the recording of this document. SIGNED this _ day of , 1981, at Morro Bay, California. OWNERS OF RECORD: Address: Tele. No. -3- STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On , 1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared and , known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and official seal. (Name typed or printed) Notary Public in and for said County and State. -4- L E A S E THIS LI_ASE is. made and'enterec'_ into by and bet-,:een the CITY Oc :.D_RO BAY, a municipal corporation of the State of California, fler,ei n called CITY, and ELENOR KOLB herein called TENA'r:T. CAI T NES SETH WHEREAS, the State of California grantee: certain tide and submerged lands located Within the city limits of CITY to the County of San. Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947,. as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chanter 70, Statutes of 1960, first extraordinary Session; .which Statutes may be amended . From time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and j'i .F:R-EAS, the parties hereto recognize and agree that on .;uly 17, 1904, the CITY OF 1401ILRO BAY, Lessor herein, succeeded to all of the right, title, and interest of the County of. San Luis Obispo in and to all of the tide and submerged lands .conveyed to Bald Countby the State of California pursuant to the above :eniticned acts; and ;'7iEF�AS, judgment has been entered on October 14, 1068 in the cane of CITY OF MORRO BAY, plaintiff, VerSUS County of San. =.uis Obispo, and State of California, defendants, by the Superior Co:;rt ol- the Stake of California in and for the County of San Luis C)bispo, =..�J 17, adjudging and decreeing, among other things, that the title to said tide and submerged lan:_s so conveyed by the State of California to the County Of San I.`.i- Obispo in trust, as set: .•:z' forth in Schedule A attached hereto, without deductions, delay, or offset. 4. TE•NA_-IT agrees that the principal use of the leased orer..ises snail be: reasonable access to and from that- public road -.-:ay commonly }mown as the Embarcadero and to maintain, repair and use the existing improvements located on the Lease Parcel and directly allied uses to the foregoing. may be made of the JreT lses by TENa7T; but no other uses are permitted without first securing the written consent of CITY to such change of such*pernaitted uses. No additional improvements will be constructed on the Lease Parcel. hereof, conduit and carry on TENANT'S aforesaid business on the demised prel'.Ii and shall keep said -premises open for business and cause such .buss^ess to be conducted thereon during each and e_very business day fo.. `•L'ch number of hours each day as is customary Zor biair_ess=a o� like e- ratter in CITY, or as customary for like businesses 1n ot_hE:r harbor - -e_as of the State of California, where there is no such ceparable business located in the CITY O ii02Z0 3>Y; provided, however, that.this rovision shall not apply if the remised TJre 1S'CS shall be closed the baseness of TE IyN?' is •_-ping temoorarll'y shut down on accouT:` O• strikes, i':alkouts, Or causes bevond thee control of TE113"N , Or Or not Over three (3) da s out of resp-ect to the memory of office. emaloyee�, or close relative of any officer or employee of 6. TENANT shall operate _E..ANV S busines.- on the premises with due diligence and effJclen.cy and n 11'.<P_ -3- 11:1 LO:1'itlons and l p roMiptll pay all of the. _ti:a tdl herein provided. for as it f,lls due, and all other su:.is payable by 'PE:JhNT to CITY �ere'lnder, the pYlncipal sum Of Said d'_'p JS it, 1,;i th:lt2't:' interest, shall be returned in full to T N.'-1,:'+T at t1ie ^:d of the term of this lease, or upon the earlier te:m_,'1atiCn o'_` this lease as herein provided. construction\ TENANT shall submit to the m -_o L'av Planning Com::,ission for\.pproval and r_Ce=.encaticn to the City Council, a development an imorovement plan fc_ the leas=d premises which shall provide for t. e full and cci^plebe ('__".e_op:nnent of the leased . ore-'.ises, showing all facilities, str::c`.-«s, lands caping,.or other improvements to be ccns �-ucted or installed on each portion -of the leased premises, and shhall include a detailed estimate of the cost. of construction and installer••-icn of such li^.prOVE-meRtS and a detailed e:chedul.e showing the proposed c encement and completion date.of each phase of the development .Inc improvement. 10. Prior to the com_,>_nc :rent of any construction, i'ES. NT shall file I:Jith the :orro 3aYity Cler'r, a final detailed cstimat:e of the cost of construction ancVinstallation.of imorove- r;er.ts on the '_eased premises and post a ca\n deposit in.an amount equal to ten percent (10%) of the total oc ;\�dfinal. cost estimate hick shall be deposited by C:T_T'1 in'an interaring account t!: a SaV1nC.s 1n5 t1 tU tl O.n. Se IP_Cted by l .iN In. lieu of the clash deooslt aLof e-S:.l d, TLit ANT may .file th the :Morro Say City Cle='.: a fai=..,.,1 or har.ce L nd, in a 1.`c>/:::1 iuld with a surety compay sat i sfactar'_' to CITY, in he face to the fir:;l detailed cost estimate, or other ,utually satis..actory arrangements. 11. CITY hereby consents and agYe.as that TEPJ NT may _q_ 13. All Structures, _nstalla :.jns, U_ irprovem^!:1ts of .. i, d ":1Ci! are placc!d U-,)On the1:. ._.>3C �)r:?:C.L Li e.`i by E,ANN shall, a_t t^C ODi-:0:1 O; CITY, be i:..^;;,,owed _.. :b::'_ .'L'u'?lit sl:!t�' �GO� days. .._ter t.h e;.Oiration Of the term of ^ (lncIudi.na Linv `.h. r00f) OC Ouher `;oone= :a `_LOi. proviling CITY gives ;:Ot1Ce in f t_nc, not laterthan nin2L_ (:%O) CICtys prior t0 'the. ' expiation of the lease te::m, of its ClC: cis into require that such be rem:.o ad. If CITY e:•:e ci:i_s si:ch option and TENANT fails t0 remove such install-ations or is?.D rC':'f;I-"e'li5 -within said si%ty (JO) days, CITY shall have the ric;ht to have Such install- a'tticns Or improvements rei:lov2d at t^e expetisG' Of TL@:AN•)?- If CITY does not exerc se such. Option, then titi:a to such installations Or imorovements, exclucliny all mach --es is jJUllanCi:S and trade ij':tUres placed On th-e preiiiises by _:::`i ?, sn:;ll. vest :.n CITY, and exceot for sucn machines, appliances, and traC:e lY_tures, TEN.PulT shall not remove .any Such iiIoroveMencs. 14. TENANT shall, at its sole cost, keep and maintain the premises and all. improvements cf. !ahat.Cv'r kind that may be now Or herE:c:iter ercctecl, installed, or Other'::iSa Blade thereon by '_'C.:'i_.NiT, in coOCd and slnitary Order anC? COCi l.ti On, and shall make necessary repair:: and alterations 11-i tO. TEiANT rUrther shall bro-✓ide _,ro Pe: containers f.^.r trasll and garbage and keep the . *C:1isE:5 at all ti:es free and clear Of rL:`p Lsh, debris, and litter :enance and repair a s or 52:.;' ?1.15 in t::e Zlorro Bay 1G. CITY reserves 'Lli . rir_--. tc ­ it.:r upon the: prey:?ices, C'r :.':v ")Ortl`Ji1 thn rn0=, f=om tide `1 o r_.�.c, '_'CJr tll P_ [JL1r IX)50 Of _1a DE'C; i::1:Ct or iepa iriliv a: -iv facilltios. (i7: 11'i:d, operated, or con - by C' Ty and for the IJl-rpose o;_ _7_ ..:v other ,....:ner by v_ ....,._ Gn o 11A"St TEAM, this ), O .. Si:all, at the UO: iun A CI �' .._ u� C_ _. ............. cease and tt:r^,ir.atc _nd ahl rights of T1iXAMF F 1•__..:U:;dy_ s.._ jj i=AADItely� . Zh.is _ _,... r._ be trec':C::c'_ as, at't •1� : r "'" '" J_ "�t: 1_•: �' [ r'..Li : t"'Vol'. .:�� - pro %is:ions regarding assi nmei�t cj- 9 y 1 :,.; j' : cot ion 0 f 50-consistent -, .,. ar untov •' Th0 s a 1 )etw en City and Property Owner. wA £fie 1 .:ly _._.1i1; :•_�: !. �..:stitC__U:• or cWher \ 1. - 3 _..--.- .:)= value, This .lease :. 1 :__, _:Ui:C=_C% •J:_a for tnj !iil:J rO'J@- �Unt of the lease mom—' Im_ ':o: - _r.c loqIn ..; Mir ttad to conducted i,�....:i.-. in the .c„_en o_`. G' a- by 7n-v :7 0:0 any loan Payments any Fin❑.-.-cial ins to tol'1, cl'_.. willt .. ni'-n' c • - of Such lease or Other\ \ c bal.aacE: Of of this Was-:, , ;'r tD%!Qing n � aIII 1-s each cWin:Y, a5v all of the. tozog .::'-' co;:�_01 this lease, ir. -1.ndiny I'. is the intention of Ci^'J to •?r..1a}i'i in cr.c: my „c'.ceuata financi!z ;f �J..—,:•lo�o:aeRL' alld utilization stab ect to t-'-- u� t.:e ticclands and .._.,....._yam _._.._.� _....:,... h¢.'r_.in coil tal'nej.:!, Pr'2,(ynt th= transfer. "Lt •• . 'ol' by ore:.' ica ,... t;ri'er the i.nt:c:>tacy :: 0.::.-;)ons of the California code as in nip ..:'ryl tj Ine: to tiEje t)e long as any 1"041 of ]. tit'13:'.. :'=UJ',%H ..::t•:: OL C.''.0 le:: _....:., _ _ r_ I: O:il a 4 :�,• all '„ insurance so that b b:F.eR }:CF: e:{ecu,:l0:i of "is lease and the o meilce:ae^_ o' the lease torin, and thro_�c's:out the c,!ntire lease ....rTa Or an renewal thE'T i>i, Or Lln til t:;c 6O0ile:r to rI'.h l,�nd Lion hereof,. ..11: shall al`,;ays be a nL!Inccd insured und2T laid policies of Comore- ensi`Je D! ^liC 1_£b"' ty and 7Jropert;/ dama,e insurance in accordance ith the for eg Ol%g: Certificates Of said in-;urance, together wi.th. i, t}Ie receipts for the payment of premiu':ihs for the terms thereof, .. shall be delivered to CITY within ten (1.0) days after the execution. of this lease, and, thereafter within thirty (30) days c>rior to the e:,:prration of the term of each such policy. Said policies shall contain a non- can cellation-b:i thou t-notict` clause and shall provide that copies of all cancellation notices shall, be sent to CITY.,' :^•.-.%-,�`=e. l:i=�--c'+3i.'i?�c:==�--t-t'z".r2-= .. .... �.l�h-cc"�—vt`c`_ir o..n e::p2.^.se and ket'p in fL ll ford< ect during the term of nC'n^t,�<. in.ai::tain in E-Zfect, at its own cost, fire: .insurance with an extended C O'Jer aG? G'RC1Cr5 eEIT�nt, aUprOVed in I:Tltl.^.g by CITY, 111 all amount ,ual t.o at least ninety percent (903) of the insurable value of the buildings and other Improvements on the premises owned by -: ANT Said policies shall contain a non -cancellation -without - notice clause and shall provide `hat copies of all cancellation dices shall b= sent to CITY. 1l fire insurance money rece red by either party shall })e held to secure the performance by its obligations L-.n,_!er 'this lease to repair, replace, or rc!can, -rust any of its nuilCiings, installations, or other improvelments to ';led on the e ;:jes ::hat hava br.er. dLlneged Or (l S TO''J'i The aVa able' fir( .inSl:raF?C@ prow_^eds shall b used :t0 T.'C:J.a:.!:, i.oplace-, and r con-;t:ruc't ny building or, the c.1'emised premises so dcimagced by fire: No rein cons-air.ed shn11 requ.i.re TENANT to ..-:.r nd more than the f -11- Cj ...ithin ten (10) ay; aftc" :' " a� ice therco CITY , sn:/ll. ilav,< ti,e optio ; to this ,. t L •'; It of auC:l ht:v •. e no further. . h rccr.ce_ an:'iort:hwith re:aovc saki . =C:3i :i and : ll. 1:: • •:_ r:o`ur or claim `hereto and = ', r,•: d i.=_- _: �, ::ll li^_.. _.�;�:t_-V tl:ereu recourse to the °. cou_ts ^e:v:' zi,e riq _ to -_..ca:l_: c ... ossession of the leased `.�\- _. ... _ .. _ .... � .. _. _ .....'�T-t. - - J'�F C . a_ _�i}CCL-.>__ E�.�TV�a,I-•—•-- J in Ct.^. 1/ C_^: c:U 01 l"rl^,��`� :CCOL� ;7i t.. :..'�_`". �t:: if?e C�!3il `_fi i_C� .'J rC1i115OS' 1.0 the payment of the cove...... _ c:oi:ditio period after written wl, .l C:h said :l l b_ CG-I.c_]L'ted _. _.... ..�._ C�.:e by�ld beneficiary. , 29- In t evl=:::t o` the of any action by .rt., il.reto agai _._ t:,e othc_ ' �:<:son of t:he breach of "ly c:r•_.... t or cor.c?:itio. c t^e P ! other giart.r cur j.rising .ni: ou Z: Cl .:'.1 i2'.:iSE', ti`.•i:ll <.::C 1:, thd1; C:'.'.. ;'Ilil: ty 1!'1 W.1� -lull_ t1t1C(� to recover �..�_. :J,...._ JZ!rty 1'i'. :.SJ::a:jli_ a i`t'._. .. s to ]e :iced by the. i 3l.:���-rtrrr_-,�l:r'_,�c-:--;;-'*+;rrr.--- .--mil :w]-•L�;-r-{-1^.--L•-bta�-oT -?.3- Rental _hAll be .cix of fair market value of the lensed Par" dctarr:u: W ... ;_ Pci:,rusry 1 , .1981 or the sum of -- --,----- .•,i;,le in annual Un thu first day of n ;,.. January during the 1:.0 m of this, W s:c. There sh::_, .,. ,. p;:o-rate fur any period Of .less than six r.uoncns. The lease rental when established shall not be increased or decreased during the 25 year lease term. - s a C, CITY OF MORRO BAY REGULAR MEETING - RECREATION HALL, MARCH 23, 1981 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, American Legion Invocation - Rev. Ronald E. Fay, El Morro Church of the Nazarine CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Approval of Minutes of March 9, 1981 City Council Meeting. A-2 Expenditure Report for February, 1981. A-3 Investment Report for February, 1981. A-4 Chamber of Commerce Promotional Expenditure Reimbursement, February, 1981 A-5 Resolution Modifying Fees for the Morro Bay Art Association's "Art in the Park" Event. A-6 Request for Approval of of the Morro Bay/Cayucos Consulting Engineers. UNFINISHED BUSINESS Amendment No. 3 to the Master Agreement for Design Wastewater Treatment Facilities by Brown & Caldwell B-1 Approval of Addendum to Lease - Dale C. and Katherine K. Mitchell. B-2 Lease Site #115, Morro Dunes Trailer Park. B-3 Appeal of Planning Commission Decision Denying Tentative Tract Map - Jack Loperena. B-4 Joint Power Agreement Between City of Morro Bay and County Service Area No. 15. NEW BUSINESS C-1 Claim of Ralph Peters vs. City of Morro Bay. C-2 Resolution Amending Mileage Allowance for Approval Travel Purposes. C-3 Funding to Continue the Juvenile Service Task Force Through June 30, 1981. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Proposed Tidelands Agreement. D-2 Presentation of Water Management Plan. D-3 Case No. CUP 02-81; Larry & Patricia DeGarimore, Applicants, Request for Approval of a Use Permit to Allow a Nautical Chandlery and Boat Rental in PD Zone, 875 Embarcadero. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council. E-2 City Attorney. E-3 City Administrator CITY OF MORRO BAY REGULAR MEETING - MARCH 23, 1981 RECREATION HALL, 7:30 PM The meeting was called to order by Mayor Warren M. Dorn at 7:30 PM. Horace Strong of the American Legion led the pledge of allegiance and Rev. Ronald Fay of E1 Morro Church of the Nazarine gave the invocation. ROLL CALL., PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Approval of Minutes of March 9, 1981 City Council Meeting. A-2 Expenditure Report for February, 1981. A-3 Investment Report for February, 1981. A-4 Chamber of Commerce Promotional Expenditure Reimbursement, February, 1981. A-5 Resolution Modifying Fees for the Morro Bay Art Association's "Art in the Park" Event. A-6 Request for Approval of Amendment No. 3 to the Master Agreement for Design of the Morro Bay/Cayucos Wastewater Treatment Facilities by Brown & Caldwell Consulting Engineers. Mr. Baxter read the Consent Calendar to the Council and the members of the public present. MOTION: Councilwoman Deutsch moved for the approval of the Consent Calendar. This was seconded by Councilwoman Ward and carried -unanimously by roll call vote with Mayor Pro-Tem Lemons abstaining from Item A-4. B. UNFINISHED BUSINESS B-1- APPROVAL OF ADDENDUM TO LEASE - DALE AND KATHERINE K. MITCHELL Mr. Baxter stated that this lease was prepared by Mr. Mitchell for Council's approval. However, the building inspector has not had an opportunity to verify the factual nature of the agreement at this time. MOTION: Mayor Pro-Tem Lemons moved that Council approve the addendum lease for the Mitchell Lease pending the building inspectors approval. This was seconded by Mayor Dorn and carried unanimously.by roll call vote. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1981 Page Two B-2 LEASE SITE #115 - MORRO DUNES TRAILER PARK. Mr'. Baxter stated that this matter had been held over from the last meeting for an interpretation on this from staff. Mr. Jack Curry, manager of Morro Dunes Trailer Park, has requested that he be authorized to move a 20 foot section of existing fence westerly by five feet and change the angle of the fence to accommodate the relocation of a mobile home coach. The Planning Commission approved their request at their meeting of February 2, 1981. Staff would recommend approval of their request pending acknowledgement of the Cayucos Sanitary District. MOTION: Mayor Pro-Tem Lemons moved that Morrd Dunes Trailer Park be allowed to move a 20 foot section of existing fence westerly by five feet and change the angle of the fence pending Cayucos Sanitary District's approval. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. B-3 APPEAL OF PLANNING COMMISSION DECISION DENYING TENTATIVE TRACT MAP - inry i nnrnrun Mr. Baxter stated that this is an appeal of a Planning Commission decision by Mr. Loperena. The applicant had requested that this matter be continued until the meeting of April 13, 1981. This was agreed to by all members present. B-4 JOINT POWER AGREEMENT Mr. Baxter went into the background of this matter. Staff is recommending that the contractual relationship with CSA 15 regarding ambulance rates and subsidy be continued, that the City reimburse CSA 15 for its share of subsidy payments which are due, and that staff be directed to enter into negotiations with CSA 15 regarding the future of ambulance service in this area prior to the termination of the contract with Bay Ambulance on November 1, 1982. Councilwoman Deutsch stated that this matter has previously involved a lengthy discussion wherein the ambulance company agreed to provide a certified audit since their records were hard to adequately trace. Mr. Mark Sullivan, County Offices, stated that an audit had been completed by the County Auditor's Office but it had not been certified. He was going to check to see that the auditor could be certified.. Since no money had been budgeted for the subsidy payments, Mr. Baxter stated that if Council elected to pay the subsidy payments, money would need to be appropriated from the Contingency Funds. Councilwoman Deutsch suggested that this matter be deferred until we have a certified audit. Mayor Dorn requested that meetings be held on this matter with Councilwoman Deutsch included and bring this back to Council at their April 13 meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1981 Page Three C. NEW BUSINESS C-1 CLAIM OF RALPH PETERS VS CITY OF MORRO BAY. Mr. LeSage stated that Mr. Peters had submitted a claim against the City in connection with the Meyers lawsuit in the amount of $1,520. The City originally refused to defend Mr. Peters in the suit based upon the fact that such defense may create a conflict of interest for the City when the suit was first filed. Later, Mr. Peters had an opportunity to accept dismissal of the suit against him without prejudice and without cause but elected to proceed with the matter. Since the suit against him had been dismissed by the Court, there was no determination as to whether or not Mr. Peters was acting within or outside the scope of his employment. Without such a determination, staff would recommend denial of the claim. MOTION: Councilwoman Deutsch moved that Ralph Peters' claim in the amount of $1,520 against the City be denied. This was seconded by Councilwoman Ward and so carried. C-2 RESOLUTION AMENDING MILEAGE ALLOWANCE FOR APPROVAL OF TRAVEL PURPOSES. Mr. Baxter stated that a review of the City's travel and reimbursement policy has indicated that current mileage reimbursement is made at the rate of,14t per mile. The Internal Revenue Service indicates that the actual cost of mileage is 20¢ per mile. Therefore, staff is recommending a request for reimburse- ment to be 20¢ per mile. Mayor Pro-Tem Lemons felt that this item might be more of a meet and confer item. Howard Gaines was concerned that staff was trying to revise the travel policy is a piece -meal fashion and felt it should be revised totally. He also felt that some differentiation should be made between employees driving compact cars and mid- to intermediate cars. Mr. Baxter stated that it would be hard to police such a policy and it is easier to use one flat rate. Mayor Dorn stated that this matter will be held until staff has a chance to check with other cities as to their policy, which was agreed to by all members present. C-3 FUNDING TO CONTINUE THE JUVENILE SERVICE TASK FORCE THROUGH JUNE 30, 1981. Mr. Baxter stated that the funding for the Juvenile Service Task Force will fall short for the balance of the fiscal year and all cities participating in the program must contribute an amount to conclude the program. Staff is recommending that Council authorize Chief Olson to expend $2,635 as the City's share from the Police Department's budget in order to continue the program in Morro Bay.through the fiscal year. MINUTES - MORRO REGULAR MEETING Page Four BAY CITY COUNCIL - MARCH 23, 1981 Councilwoman Ward mentioned that Officer Joe also services the Los Osos-Baywood area and asked if any costs would be recouped through the County. Chief Olson stated that Officer Joe spends a small portion of his time in this area since some of the children attending Los Osos Junior High are from Morro Bay. The County choose not to participate in the grant yet the program was promoted as being of benefit to the youth. Next year, we will not spend any time in the. County. MOTION: Councilwoman Ward moved to allow Chief Olson to spend $2,635 from his budget as the City's share to continue the Juvenile Service Task Force Program through June 30, 1981. This was seconded by Councilman Anderson and carried unanimously by roll call vote. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 PROPOSED TIDELANDS AGREEMENT. Mr. LeSage gave a report of the Tidelands latest revised agreement which had been submitted to the property owners. He reviewed the major points of the agreement - and the major areas of difficulty. (See Exhibit A for full text of agreement.) Since this was a public hearing, comments were being accepted. MOTION: Mayor Dorn moved that the public hearing on the proposed Tidelands Agreement be closed and .that the matter be taken under advisement to allow our city attorney to further negotiate on the city's behalf in this matter. This was seconded by Councilwoman Ward and so carried. A recess was called at 8:55 PM. The meeting was reconvened at 9:05 PM. D-2 PRESENTATION OF WATER MANAGEMENT PLAN. Mr. Baxter stated that this is a public hearing of the Water Management Plan. Angela Grenz will give a short report on this and if there are no adverse comments to the report as submitted, staff would recommend approval of it and to direct staff to develop strategy which would allow for the implementation of the recommendations. Angela Grenz gave a brief overview of the report going into detail on the results and conclusions of the report. , Bruce Risley felt that this report is a more complete report than was received from the Carrolla Engineers. However, he felt that Brown & Caldwell should have given more attention to certain items in the report - i.e.,.percolatioh basin idea, cost of ownership of the city wells, etc. He felt that we need to work on the problems in detail. MOTION: Councilman Anderson moved for the closing of the meeting. This was seconded by Councilwoman Ward and so carried. MOTION: Mayor Dorn moved for the approval of the Water Management Plan and direct staff to develop strategy which would allow for.the implementation or the recommendations. This was seconded by Councilman Anderson and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1981 Page Five E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 HARBOR SAFETY ISSUES. Mr. Baxter stated that the recent accident on the jetty_coritinues to emphasize the issue of harbor safety for our city. Staff has some preliminary thoughts on this subject. (1) The Coast Guard contemplates acquisition of another large ocean going vessel in addition to the other large vessel that is currently in the harbor. It would seem more appropriate for them to acquire a quicker responding boat which can be used for rescue purposes in and about the mouth of the harbor. (2) There is a presumption of faulty design in the harbor entrance and construction of the break waters which should require investigation. Council could possibly request Congressman Panetta to direct the Army Corps of Engineers or some technically proficient group to review the design of the harbor mouth from a safety and access standpoint. The members of the Council felt that these points should be addressed and a strong letter of request written to Congressman Panetta. MOTION: Councilwoman Deutsch moved that a letter be sent to Congressman Panetta seeking help on our harbor safety. This was seconded by Councilwoman Ward and so carried. E-2 OPPOSITION TO SENATE BILL 314. Mr. Baxter stated that Senate Bill 314 is being introduced which would institute compulsory and binding arbitration in government code and would (1) authorize placement of binding arbitration on the ballot through the initiative process in cities and fire protection districts; (2) apply to all classification of employees, and (3) give general law cities and fire protection districts the authority to submit the procedure of binding arbitration for the resolution of an impasse in collective bargaining to a vote of the local citizens. Staff would recommend that Council go on record oppostion SB 314 and direct the City Administrator to write a letter on this. MOTION: Mayor Pro-Tem Lemons moved that the City Administrator write a letter in opposition to Senate Bill 314 and send to our legislaturers. This was seconded by Councilwoman Ward and so carried. E-3 SAN LUIS OBISPO COUNTY ARTS COUNCIL. Mr. Baxter stated that the County Arts Council, a state -funded organization, is submitting a proposed plan for the county. This plan must be approved by a majority of the City's within the County and staff is recommending approval of this proposed plan. MOTION: Councilwoman Deutsch moved for the approved of the proposed plan for the County submitted by the San Luis Obispos County Arts Council. This was seconded by Councilman Anderson and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1981 Page Six E-4 MULTIPLE USE OF SCHOOL SITES. Mr. Baxter stated that staff has been working with the San Luis Coastal Unified School District to address their request of converting the use of some of the rooms at Del Mar School for commercial purposes. Staff has prepared a zoning ordinance draft amendment and would then schedule a public hearing before the Planning Commission. MOTION: Councilwoman Deutsch moved for the approval of the zoning ordinance draft amendment and the scheduling of a public hearing before the Planning Commission on the multiple use of school sites in Morro Bay. This was seconded by Mayor Dorn and so carried. E-5 RESOLUTION COMMENDING TOM BUTCH Mr. Baxter stated that Tom Butch, after 17 years service as City Administrator for Arroyo Grande, has accepted other employment. Staff has drafted a resolution commending Mr. Butch for his years of service. MOTION: Mayor Pro-Tem Lemons moved for the approval of the resolution commending Tom Butch for his years of service to the City of Arroyo Grande. This was seconded by Councilwoman Ward and so carried. E-6 RESOLUTION HONORING AMERICAN LEGION'S 62ND ANNIVERSARY. Mr. Baxter stated that the American Legion's 62nd Anniversary is being observed and staff is submitting a resolution commemorating this event. MOTION: Mayor Pro-Tem Lemons moved for the approval of the resolution honoring the American Legion on their 62nd anniversary. This was seconded by Mayor Dorn and so carried. E-7 MISSION FEDERAL SAVINGS DAY Mr. Baxter stated that Mission Federal Savings will hold their grand opening in Morro Bay on April 6 and have submitted a proclamation for the Council's approval. MOTION: Councilwoman Ward moved for the approval of the proclamation delaring April 6 as Mission Federal Savings Day. This was seconded by Councilwoman Deutsch and so carried. E-8 RESOLUTION COMBINING VOTING PRECINCTS. Mr. Baxter stated that a resolution was needed to combine the voting precincts for the Special Election of June 2, 1981. MOTION: Councilwoman Deutsch moved for the approval of the resolution to combine the voting precincts. This was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - MARCH 23, 1981 Page Seven E-9 STREET REPAIRS. Mr. Jack Anderson, a new resident to the City, asked if something couldn't be done to excelerate the progress of street repairs. He felt that this should be a top priority for the City. Mr. Baxter suggested to Mr. Anderson that he might wish to attend the budget hearings to see where the priorities are for the City. There was a brief executive session called to discuss personnel matters at 10:25 PM. There being no further business, the meeting was adjourned at 11:07 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy City Clerk IT IS HEREBY AGREED by and between the CITY OF MORRO BAY, hereinafter referred to as CITY, and such of the parties defendant in those certain suits entitled City of Morro Bay, etc., et al., plaintiffs, versus Carlos C. Richards, et al:, Superior Court of the State of California in and for the County of San Luis Obispo No. 47973 and City of Morro Bay, etc., et al., plaintiffs, versus M. Caratan, Inc., etc., et al., defendants, Superior Court of the State of California in and for the County of San Luis Obispo No. 49788,.whose signatures appear below, hereinafter collectively referred to as PROPERTY OWNERS, as follows: 1. OGLE INTEREST: The CITY consents and agrees that the large lot west of Lots 9, 10 and 11 of Morro Rock Park, as described on Exhibit A (OGLE parcel), may be divided into two new lots the approximate dimensions of which are 97 feet deep x 70 feet wide. It is further agreed that the westerly line of Lots 9, 10 and 11 will be moved westerly by lot line adjustment so that the westerly line of Lots 9, 10 and 11 coincides with the easterly line of the two new lots. It is agreed and recognized that the CITY cannot grant lot splits or subdivide parcels except pursuant to a request to and permit issued by the Planning Commission with right of appeal to the Council. A map depicting the new lots is attached hereto as Exhibit B and by this reference incorporated herein. This agreement to establish 2 lots in lieu of the existing single lot does not alter the CITY'S continuing right to change the zone of the -1- 0 0 OGLE parcel and does not constitute an assurance that the CITY will grant or deny building permits for the two new lots. It is further recognized and agreed that the Coastal Commission may grant or deny the creation of the two lots in lieu of the existing single lot. Whether or not the Coastal Commission grants or denies the request for an additional lot and lot line adjustment this agreement will remain in full force and effect. 2. FENCING: The PROPERTY OWNERS have requested a fence and with respect to the PROPERTY OWNERS who sign this agreement, CITY agrees to construct a 6 foot high chain link fence extending south from the northerly line of the RUBIN parcel (Lots 1 and 2, Morro Rock Park), providing gates for pedestrian access where the PROPERTY OWNERS designate and further providing a gate for vehicular access in the area designated by HAWORTH/RICHARDS. The designation of openings will occur prior to construction of the fence. The chain link fence will include redwood slats. The chain link fence will run along the agreed boundary line to its intersection with the existing chain link fence located along the northerly boundary of the triangular area to be leased to HAWORTH/RICHARDS.and referred to in paragraph 7 hereof. The CITY will not replace the existing chain link fence along the northerly boundary of the area to be leased to H AWO RTH/ RICHARDS unless they request such a replacement. Any replacement chain link fence will be in the same location as the existing chain link fence. In the event CITY elects to establish a pedestrian walkway in the area west of RICHARDS/HAWORTH/KOLB, Lots 3, 4, 5, 6 and 7, Cerrito Addition, CITY agrees to install and extend the chain link -2- 0 0 fence along the easterly edge of the area reserved by the CITY. 3. PROVISIONS APPLICABLE TO ALL OWNERS: The following provisions apply to PROPERTY OWNERS who sign this agreement and the documents necessary to implement this agreement: a. With respect to the area west of the parcels of the PROPERTY OWNERS signing this agreement only, the CITY agrees to use .its best efforts to improve the existing park in the area west of the agreed boundary line and south of the southerly line of Olive Street to the existing east/west chain link fence approximately 100 feet south of the launch ramp area, hereinafter referred to as "the park area". In connection with such effort CITY agrees to amend the Land Use Element of the General Plan to reflect that the park area will be used for park purposes (includes berthing for sports fishing, party boats, and commercial boats). Further, the CITY. contemplates submitting a Local Coastal Plan for ultimate approval by the Regional and State Coastal Commissions. The CITY agrees that the above -described area will be designated as a park on the Local Coastal Plan as submitted by the CITY for consideration by the Regional and State Coastal Commissions. Finally, CITY agrees to use its best efforts to secure grant funding from. Federal and State sources for the improvement of the existing park and CITY agrees during the term of a majority of the existing Council to improve the -3- existing park when such funding becomes available provided that CITY'S required contribution from CITY funds does not exceed twenty percent of the total cost of park development and land acquisition: The term "park" includes the existing launch ramp, boat docks, parking, restrooms and other existing improvements, berthing for sports fishing, party and commercial boats and expansion of all of these facilities. b. It is agreed and recognized that the CITY does not have the legal right to enter into a binding perpetual contract (as opposed to a contract for a thirty year term) regarding future use of public property and specifically the CITY cannot bind future Councils regarding the use of the park area, the Local Coastal Plan designation for the park area, the designation on the Land Use Element of the General Plan, or the Land Use designation for the park area, the zoning of the park area or other policies affecting the park area. It is recognized that the CITY cannot agree that the use of the park area will be for park use in perpetuity. It is further recognized that the CITY does have the right to and does agree and bind itself for a thirty year term that the property will be used for park purposes, and the CITY agrees and recognizes that this paragraph 5 constitutes a binding covenant on the CITY enforceable by the adjoining PROPERTY OWNERS and the public generally for a thirty year term commencing from the date this agreement is signed by all parties that the park area will be used MM for park purposes for the agreed thirty year term. The term "park" includes the existing launch ramp, boat docks, parking, restrooms and other existing improvements, berthing for sports fishing, party and commercial boats and expansion of all of these facilities. The CITY does agree to designate the park area for park purposes on its existing Land Use Element of the General Plan and does agree to designate the area for park purposes on the CITY'S draft of the Local Coastal Plan to be submitted by the CITY to the Regional and State Coastal Commissions. The CITY agrees to promptly and diligently pursue the above -described steps. C. It is recognized and agreed in connection with park use that the existing launch ramp, boat docks and side ties for commercial, recreational and sports fishing boats, restrooms, parking area and other improvements will remain and that CITY may, in its discretion, expand these uses, i.e. the CITY may, at its option, elect to expand the boat docks and launch ramp and construct additional boat docks and parking area, and it is further recognized that with or without this provision the CITY would, as a matter of law, have the right to expand, add to or alter such uses so long as such expansion or alteration is consistent with the park use as herein defined for the agreed thirty year term commencing with the date this agreement is signed by all parties. -5- 9 0 d. The PROPERTY OWNERS also recognize that the Regional and State Coastal Commissions can require changes in the Local Coastal Plan that are inconsistent with recommendations of the CITY and that the Local Coastal Plan as ultimately approved by the Regional and State Coastal Commission will override the CITY'S proposed Local Coastal Plan and will override the CITY'S land use designations and zoning. It is further recognized that the CITY'S Land Use Element of the General Plan and zoning must be consistent with the Local Coastal Plan as finally approved by the Regional and State Coastal Commissions. If such changes are required by the Regional or State Coastal Commissions or other State Agencies having overriding jurisdiction, this agreement shall nevertheless remain in effect provided, however, that the CITY does agree and bind itself that the park area will be used for park purposes for thirty years commencing from the date this agreement is signed by all parties. That is, the park area will be used for park purposes as herein defined whether or not the Local Coastal Plan allows a different use. ?. Except as herein provided with respect to the CITY'S binding agreement that the park area will be used for park purposes for a term of thirty years commencing from the date this agreement is signed by all of the parties including the CITY, it is agreed and recognized that the CITY does not have the legal right to enter into a binding contract regarding future use of public property and specifically the CITY cannot -6- U bind future Councils regarding ordinances and other regulations relating to public use of the park area, the Local Coastal Plan designation for the park area, the Land Use designation in the Land Use Element,of the General Plan for the park area, the zoning of the property or other policies affecting the park area. Subject to the foregoing, however, the CITY does agree, as a matter of policy, as follows:. a. With respect to the area west of the property owned by the PROPERTY OWNERS signing this agreement, the CITY agrees not to allow overnight camping and agrees that the area will be.posted "No Overnight Camping". b. The CITY agrees that the trees and shrubs in the area west of the property of the PROPERTY OWNERS signing this agreement will not be unreasonably high so as to obstruct the view of the adjoining PROPERTY OWNERS. C. The CITY agrees to underground all new utilities installed in the area west of the property owned by the PROPERTY OWNERS signing this agreement and further agrees that in the event the existing power lines east of the agreed boundary line are removed from their existing location, they will also be undergrounded. It is further recognized and agreed by the PROPERTY OWNERS that CITY is reserving and the PROPERTY OWNERS agree an easement for maintenance, repair and replacement of the existing utility lines that are presently located east of the agreed boundary a -%- line. Whenever requested by.the CITY, the PROPERTY OWNERS agree to execute the necessary easement documents to establish an easement for the repair, maintenance, and replacement of the existing utility lines. d. CITY contemplates construction of side ties in the area north of the existing docks. In the event that funding is received for the necessary dredging and construction of side ties and in the event the side ties are constructed the CITY agrees to establish a waiting list for recreational boats and the CITY agrees to establish a priority to the adjoining PROPERTY OWNERS who sign this agreement for not to exceed five side ties for recreational boating only. The use of the side ties is for the personal use of the PROPERTY OWNERS only during their lifetime and is not subject to assignment or subletting, and the priority is established only as to the area south.of the westerly extension of the northerly boundary of the RUBIN parcel, Lots l and 2 of Morro Rock Park, south to the existing boat docks which coincides roughly with Station 42 on the "Mean High Tide Line 1956" as depicted on the map of the grant to San Luis Obispo County prepared by the State Lands Commission and recorded on September'12, 1958 at Book 1, Page 2 of Miscellaneous Maps. The adjoining PROPERTY OWNERS will agree regarding allocation of the side ties and will notify the CITY in writing as to which PROPERTY OWNERS have been allocated the priority rights. The priority -8- exists only with respect to a waiting list for the side ties when and if they become available. The priority right to side ties must be exercised within 90 days of written notice from the CITY of the availability of the side ties and the side ties must, in fact, be used. Cessation of use will terminate the priority right to a side tie. Use of the side ties will be subject to payment of rental and all other terms and conditions established by the CITY applicable to recreational boating generally regarding use of side ties provided, however, that the rental allocated to the five side ties set aside will not exceed either the then existing rental rate as established by the CITY or CITY'S pro rata cost of establishing each of the side ties in the park area divided by 240 months (twenty years), whichever is less. This provision regardinga priority for side ties does not constitute an assurance that side ties will be constructed and will become effective only when and if and to the extent that CITY is funded from Federal and State sources for and in fact provides side ties in the park area. The CITY has no obligation to construct such side ties unless necessary funding from Federal and State sources is provided. The reference to side tie may also include a berth as a substitute for a side tie. The side tie or berth will be provided in the area adjoining and west of the park area. The priority right granted to berths or side ties granted under this subparagraph d will remain in U MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 16, 1981 RECREATION HALL, 6:00 PM 1. Resolution No. Resolution Proclaiming Energy Conservation Fair to be Held March 19, 1981. 2. Local Coastal Plan - mechanics of this plan will be discussed only. MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 16, 1981 RECREATION HALL - 6:00 PM The meeting was called to order by Planning Commission Chairman Bruce Elster at 6:00 PM. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch; Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman June Cunningham, Planning Commission Member Bruce Elster, Chairman, Planning Commission June Hofstad, Planning Commission Member Don Opperman, Planning Commission Member Al Paul, Planning Commission Member STAFF: Paul Baxter, City Administrator Murrel Crump, Community Development Director Bonita Murray, Deputy City Clerk Introductions were made by Council and Planning Commission members present. ENERGY CONSERVATION FAIR Mr. Baxter read the resolution proclaiming Energy Conservation Fair to be held on March 19, 1981 for Council's approval. MOTION: Councilwoman Deutsch moved for the approval of the resolution proclaiming the Energy Conservation Fair to be held March 19, 1981. This was seconded by Councilwoman Ward and so carried. LOCAL COASTAL PLAN Mr. Crump stated that this meeting had been billed as a review of the mechanics for conducting hearings of the LCP and subsequent hearings. One of the main concerns is financing. He then went over the funding for the Local Coastal Plan (see Exhibit A for complete text). Mr. Elster stated that at their last meeting the Planning Commission was concerned and interested in the City Council's guidance and direction in hos the Commission ✓ sould proceed in reviewing the LCP for funding, personnel and allocation. Member of the Council felt that funding of the LCP was the State's responsibility since it is a state -mandated program. 0 MINUTES - MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 16, 1981 Page Two Since the use of local funds for the project is limited, Mr. Elster asked Council for direction on the hearing process by the Planning Commission. Mayor Pro-Tem Lemons felt that the hearing process should continue but no local funds should be allocated without an assurance that we will be reimbursed. Mr. Opperman asked if a revised text should be submitted to the Council on the LCP from an independent consultant or a scaled down program. If the scaled down version is chosen, it will still require considerable staff time. Mayor Pro-Tem ,Lemons stated that he would prefer having a synopsis of the public hearing comments and the Planning Commission's recommendations rather than another printed book. It was the general consensus of the City Council and the Planning Commission that the Planning Commission will continue the public hearings on the Local Coastal Plan and accumulate as much information as possible. Then, if funding does become available, the City will be ready to proceed and show the City's good faith in proceeding with this project even though no funds are available. The Planning Commission set April 1 as the date to begin the itemized review of the Local Coastal Plan. BALLOT MEASURES Mayor Pro-Tem Lemons requested Council's permission to allow other interested citizens to sign the ballot arguments in addition to Councilman Anderson and himself. MOTION: Councilwoman Deutsch moved that Mayor Pro-Tem Lemons and Councilman Anderson be allowed to designate other citizens who may wish to sign the ballot measures. This was seconded by Mayor Dorn and so carried. ADJOURNMENT MOTION: There being no further items for discussion, Councilwoman Deutsch moved for the adjournment of this meeting. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 7:05 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy C ty Clerk EXHIBIT A MEMORANDUM DATE:' March 5, 1981 TO: Honorable Mayor and Members of the Citv Council FROM: Planning and Community Development Director via City Administrator SUBJECT: Funding for the Local Coastal Program BACKGROUND The City of Morro Bay has been funding its efforts on the State. mandated Local Coastal Program by means of a State reimbursement grant. The monies allocated through this grant program originate from.federal coastal management program funding (80%) and from State matching monies (20%). The Coastal Commission in their current review of the LCP budget for 1982, found: a potential decrease in federal grant monies; an increased.cost projection -to complete LCP's; and, the loss of previously granted, but unspent federal monies. The Commission responded to this 1982 projection by readdressing their 1981 funding priorities.. The Commission adopted a funding strategy on March 3, 1981, which gave priority to 'LCP grant requests for programs which were closest to total completion by July, 1981. This funding strategy developed four priority levels. Unofficially, the City has been advised by Coastal Commission Staff that Morro Bay would fall into the fourth priority group. Coastal Commission Staff estimates "that there would be little if any grant monies available for this priority group." Morro Bay submitted a very detailed grant application to complete its Local Coastal Plan (Land Use Plan and implementing Zoning Ordinances) to the Coastal Commission in December of 1980. The City received inconsistent responses from the State Staff as to why the request was not scheduled on the Commission agenda, but was encouraged to implement the work program by scheduling' public review hearings for the draft Land Use Plan, with assurances that the grant contract would be back dated to January 1, 1981, to include any City Work on this phase of the Local Coastal Program. City Staff were reluctant to recommend engaging the professional services called for by the grant work program without an approved application, (despite the assurances of the State Staff), but did commit to the scheduling of public review meetings anticipating that it ,would show a good faith effort toward completion of the program and enhance acceptance of the current grant request. The City now finds itself in the middle of public review meetings without the anticipated staff support resources and a very uncertain future as to grant funding. The funding picture was not improved when the City Staff investigated the S.B. 90 claim Memo March 5, 1981 Page 2. procedure as a possible means of recouping its LCP expenditures. The City has been further advised that only $400,000 is appropriated yearly to reimburse local governments for State mandated programs, and that it is annually absorbed by non-LCP activities. Realizing that many other local governments will find themselves in the same position as Morro Bay, S.B. 90 could not be considered a reliable source of reimbursement, without a massive infusion of money by the Legislature. DISCUSSION Given the preceding background, there would not appear to be an easy solution to the dilemma Morro Bay now faces; future State funding is fraught with uncertainties. The City's recent grant application requested $62,000 in State funding for,the scheduled work program tasks, and it is inconceivable to expect the City to commit this level of funding (from the general fund) without a grant contract for reimbursement. To compound the situation, everyone now realizes that there will need to be a significant rework of the draft Land Use Plan (developed over the past two years) and probably more than anticipated in the current grant request program. At best, the City can only examine the choices it does have, to determine what course of action should be taken next. For that purpose, Staff offers the following measures, or a combination of measures, as possible choices: A. LIMITED OR NO NEW CITY EXPENDITURES 1. Suspend work on the Local Coastal Program; and _t.. a. Adopt a wait -and -see policy toward State funding; .b. Actively and aggressively lobby State Legislative Representatives to increase State matching monies to make up for loss of federal funding and/or increase in the allocation of S.B. 90 dollars;. c. Address the LCP in the next budget year. 2. Continue work on the Local Coastal Program; and a. Complete the public hearing process for the draft Land Use Plan with the City initially absorbing the cost of existing personnel and deferring other budget priorities; b. Complete the public hearing process through the Planning Commission level, and hold comments and recommendations for a rework of the draft text prior to it being considered by the Council (involves existing personnel costs). . B. SOME DEGREE OF NEW CITY EXPENDITURE* 1. Continue work on the Local Coastal'P.rogram and authorize a contract for limited Staff or private consultant services;and, +Memo March 5, 1981 t Page 3 a. Place emphasis on the public input and review process to form a comprehensive basis for a rework of the draft text; b. Together with or separate from "b" above - - concentrate on a redrafting of the Land Use Plan text over an extended period of time. *The amount of funds necessary would vary with the specific commitment details. C. SIGNIF.ICANT DEGREE OF. NEW CITY EXPENDITURE 1. Fund selected scaled -down) portions of the current work program resulting in completion of the LCP over an extended period of time. 2. Fully fund the Local Coastal Program and complete efforts in a six to eight month period. The decision on which course of action to take is particularly' difficult in light of fiscal constraints and limited existing Staff resources, because there is common agreement that it is in the best interest of Morro Bay to assume permit authority as soon as possible, by completing its Local Coastal Program.. RECOMMENDATION Because the choices outlined, thus far, involve a shifting of priorities or commitment and (initial) City funding, it is appropriate that the Council establish a direction to be followed. This decision point should be reached by or at the March 16th joint Council and Commission Study Session so the public may be informed of the City's intentions. Staff is cautious about recommending that the City proceed with the draft plan review without additional staffing to carry the Land Use Plan through to ''completion. Likewise, Staff would not be in a position to recommend that the Council fully fund the Local Coastal Program without the reimbursement funding picture being clearer. CITY OF MORRO BAY REGULAR MEETING - MARCH 9, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, American Legion Invocation - Rev. Bob Whaley, Calvary Baptist Church A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Approval of January 12, February 9, 23, 1981 Council Minutes. A-2 Claims by Mary Reno, Jeannine Mayberry, Richard Reese vs City of Morro Bay. Deny claims on advise of insurance carrier. A-3 Acceptance of Del Mar Park bid to Spiess Construction. A-4 Request for approval of a cooperative agreement between the City of, Morro Bay and Sequoia Bayview Condominiums for the purpose of constructing a joint water line. A-5 Agreement between the City of -Morro Bay and Becker & Bell for negotiations and consultant services in employer -employee relations. A-6 Brown & Caldwell consultation concerning Cabrillo property water rights. A-7 Resolution of the City Council of the City of Morro Bay Requesting the Board of Supervisors of the County of San Luis Obispo •to Render Specified Services to Said City Relating to the Conduct of a Special Municipal Election to be held in said City on Tuesday, June 2, 1981. B. UNFINISHED BUSINESS B-1 Approval of Ordinance No. 195, an ordinance amending Section 11 of Ordinance 100, Section 2 (Part) of Ordinance 65; and Section 17.40.030 (Part) and Section 17.40.040 of the Morro Bay Municipal Code (second reading). B-2 Approval of Addendum to Lease between Paul K. Meyer and the City of Morro Bay. B-3 Approval of Addendum to Lease between Deanna Davis and the City of Morro Bay. B-4 Reorganization of Public Services Department. B-5 Discussion of terms for Tidelands Park Agreement. NEW BUSINESS C-1 Lease site improvement review - Lease Site #115. Request to relocate an existing front entry area fence. C-2 Amend city procedures for implementation of the California Environmental Quality Act. C-3 Amendment to Ordinance 119 and definition of a transient vessel. C-4 Request of Fletcher Peck for Council to adopt "Morro Bay" as the City's Official Song. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Continued consideration of appeal of Planning Commission decision denying a tentative tract map for Jack Loperena. -2- E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:30 PM by Mayor Warren M. Dorn. Horace Strong of the American Legion led the pledge of allegiance. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Al Olson, Police Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Approval of January 12, February 9, 23, 1981 Council Minutes. A-2 Claims by Mary Reno, Jeannine Mayberry, Richard Reese vs City of Morro Bay. Deny claims on advise of insurance carrier. A-3 Acceptance of Del Mar Park bid to Spiess Construction. A-4 Request for approval of a cooperative agreement between the City of Morro Bay and Sequoia Bayview Condominiums for the purpsoe of constructing a joint water line. A-5 Agreement between the City of Morro Bay and Becker & Bell for negotiations and consultant services in employer -employee relations. A-6 Brown & Caldwell constulation concerning Cabrillo property water rights. A-7 Resolution of the City Council of the City of Morro Bay Requesting the Board of Supervisors of the County of San Luis Obispo to Render Specified Services to Said City Relating to the Conduct of a Special Municipal Election to be held in said City on Tuesday, June 2, 1981. Mr. Baxter•read the Consent Calendar to the Council and members of the public present. Item A-6. Councilwoman Deutsch was concerned that since we are acting as the agents in this study if we are agreeing to accept this proposal. Mr. Baxter stated that.VRM has agreed to further study this matter and that the City is not obligated to agree to the proposal. Item A-3. Mayor Pro-Tem Lemons felt that the change order approval be limited to five percent instad of 10 percent and that five percent be held in contingency on the job. MOTION: Mayor Pro-Tem Lemons moved that the Consent Calendar be approved as amended.. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Two B. UNFINISHED BUSINESS B-1 APPROVAL OF ORDINANi ORDINANCE AMENDING SE Mr. Baxter stated that this ordinance is being submitted to the Council for approval and adoption at second reading. MOTION: Councilwoman Deutsch moved that this ordinance be read by title and number only. This was seconded by Councilwoman Ward.and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Section 11 of Ordinance 100, Section 2 (Part) of Ordinance 65; and Section 17.40.030 (Part) and Section 17.40.040 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the approval and adoption of Ordinance No. 195. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. ' . i .�y TO LEASE B ra Mr. Baxter stated that this addendum to lease for Paul and Alfred Meyer is being submitted for Council's approval. Because of an earlier misunderstanding, the Meyers' were unable to make certain leasehold improvements which had been granted earlier. A suit was filed in connection with their construction. A six month extension of their lease to July 1, 1981 is recommended with the understanding that the tenants will install improvements in accordance with the plans and specifictions which were submitted January 22, 1979 at a cost of not less than $60,000. Councilwoman Deutsch was concerned that we were again extending a county lease without the recommendations of the property management firm that Council has hired. Mr. LeSage stated that the normal county leases did not have a written amount for an extension given. However, this particular lease does have a amount written and this is a commitment by the City. MOTION: Mayor Pro-Tem Lemons moved that the Addendum to Lease for Paul and Alfred Meyer be approved as submitted. This was seconded by Mayor Dorn and on roll call vote Ward - no; Deutsch - yes; Anderson - abstain; Lemons - yes; Dorn - yes. Since there was a majority vote, this motion was passed. L•IIc IDUM TO LEASE BETWEI 4 DAVIS AND THE CITY ( This extension of lease had been approved earlier by Council and is being submitted to Council for formal adoption. Mr. Baxter stated that the extension of the lease will allow the property management firm to evaluate the property and to make recommendations on all pending leases at that time. n is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Three MOTION: Mayor Pro-Tem Lemons moved that be approved as submitted. This unanimously by roll call vote. the Addendum to was seconded by Rodger Anderson B-4 REORGANIZATION OF PUBLIC SERVICES DEPARTMENT. Lease for Deanna Davis Mayor Dorn and carried abstained from voting. Mr. Baxter stated that the Public Services Director is requesting authorization to hire an administrative analyst in lieu of the recently vacated City Engineer's position. A function of the analyst will be to provide administrative support to the Director of Public Services as well as to work on applications and management of grants. In addition, the Director of Public Services is requesting that Council appoint him as permanent City Engineer so that the two positions would be combined and that the salary for this combined position would be increased by $2,000 per year. Mr. Bressan went over some of the support data on the proposed reorganization of the Public Services Department. MOTION: Mayor Pro-Tem Lemons moved that the the positions of Director of Public Services and City Engineer be combined with a salary increase of•$2,000 per year, that the Director of Public Services is appointed as City Engineer, and that staff is authorized to hire an administrative analyst. This was seconded by Mayor Dorn and carried unanimously by roll call vote. B-5 DISCUSSION OF TERMS OF TIDELANDS PARK AGREEMENT. Mr. LeSage went over the proposed terms of the agreement if it was approved by all parties concerned. There was a brief discussion on the terms of the lease, etc. MOTION: Councilwoman Deutsch moved that staff finalize the final offer on this agreement and submit it to the property owners involved and hold a public hearing on this matter at the March 23, 1981 Council Meeting. NEW BUSINESS C-1 LEASE SITE IMPROVEMENT REVIEW - LEASE SITE #115. Mr. Baxter stated that a request had been received from Mr. Jack Curry, manager of Morro Dunes Trailer Park that he be authorized to move a 26 foot section of existing fence westernly by five feet and change the angle of the fence to accommodate the relocation of a mobile home coach. The Planning Commission has approved this request as submitted. Councilmembers requested that this matter be rescheduled to the meeting of March 23 which was agreed to by all present. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING.- MARCH 9, 1981 Page Four C-2 OR IMPLEMENTATION OF THE CALIFORNIA Mr. Crump stated that the State Legislature adopted amendments to the California Environmental Quality Act (CEQA) which required local governments to make changes in their procedures relating to public comment periods following the determination of a negative declaration. Staff would recommend that you approve the new procedures for Environmental Impact Reports for the City. MOTION: Mayor Pro-Tem Lemons moved that the resolution adopting these amendments to the California Environmental Quality Act be read by title only. This was seconded by Mayor Dorn and so carried. Mr. Baxter read this resolution by title only - "Resolution Adopting An Amended Set of City Objectives, Criteria, and Procedures for Evaluation of Projects and the Preparation of Environmental Impact Reports." MOTION: Mayor Pro-Tem Lemons moved that this resolution be adopted. This was seconded by Mayor Dorn and carried unanimously by roll call vote. C-3 AMENDMENT TO ORDINANCE 119 AND DEFINITION OF A TRANSIENT VESSEL. Mr. Baxter stated that the Harbor Advisory Board and the Chief Harbor Patrol Officer have requested changes in the resolution which regulates rules and fees for morring of vessels at.city piers and docks and off -shore moorings covered by City code. The primary changes are (1) adding a hardship provision whereby a tenant may maintain the slip for a period of six months after a vessel has been sold which would allow them to maintain the slip for the purpose of obtaining a new vessel; (2) the rules and regulations regarding city piers are amended to reflect earlier changes made by Council which places a great emphasis on the needs of local vessels and reduces in priority the ability of transient vessels to obtain docking; and (3) adds the definition of a transient vessel. Mr. LeSage felt that this should be referred back to staff to see if our funding source would allow this new terminology in the amendment. MOTION: Councilwoman Deutsch moved that this matter be referred back to staff for further review. This was seconded by Mayor Dorn and so carried. C-4 REQUEST OF FLETCHER PECK TO ADOPT "MORRO BAY" AS THE CITY'S OFFICIAL SONG. Mr. Baxter stated that Mr. Pack has submitted a song to Council requesting that "Morro Bay" be adopted as the City's official song. Mr. Peck stated that he wrote the words, music and did the photography on the cover of the music. He passed out copies of the song for everyone to follow along and then join in singing. MOTION: Councilwoman Deutsch moved that "Morro Bay" by Fletcher Peck be adopted as the City's official song. This was seconded by Councilman Anderson and so carried. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Five is A short recess was called at 9:00 PM to allow Mr. Peck time to remove his equip- ment. The meeting was reconvened at 9:05 PM. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 .CONTINUED CONSIDERATI DECISION DENYING Mr. Baxter stated that Mr. Loperena is appealing a decision of the.Planning Commission to deny his tract map. The Planning Commission denied his request based upon circulation problems for the adjacent parcel and that the specific subdivision and adjacent parcels would best be served by different circulation than a culdesac proposed by.Mr. Loperena. Circulation does appear to be a problem in that if a culdesac were granted, certain undeveloped parcels adjacent to Mr. Loperena's proposal would be landlocked. Staff would recommend that Council uphold the denial of the tract map. Several individuals from the audience spoke on this matter and lived in the neighborhood of the proposed culdesac. Mayor Pro-Tem Lemons asked Mr. Robert Snyder, representing Mr. Loperena, for two week delay since he would like to view the site before making a decision. It was agreed that this matter would be delayed until the March 23 meeting. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 REQUEST FOR SPECIAL ENGINEERING SERVICES. Mr. Baxter stated that the Director of Public Services is requesting that Council follow-up the recent publication ofthe Brown & Caldwell Phase I Water Management Plan by appropriating funds to have Brown & Caldwell serve on a consulting basis for the Morro Bay Water Advisory Committee and also to work with City staff as our advisors so that the Phase I Plan can be brought to implementation and recommendations be developed for the Phase II Water Management Plan being conducted by the Department of Water Resources. Council has already approved funds for a contingency to the master agreement in the amount of $20,000. Out of this fund, only $3,000 has been used to date and staff does not anticipate any further need for expenditure of funds from this source. Therefore, staff is recommending that Council approve the expenditure of up to $5,000 for Brown & Caldwell's services as outlined. This is totally grant fundable. MOTION: Mayor Pro-Tem Lemons moved that Council approve an expenditure of up to $5,000 from the Water Management Plan Master Agreement for the services of Brown & Caldwell. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E-2 TENTATIVE BUDGET SCHEDULE. Mr. Baxter stated that a tentative budget schedule has been prepared for Council's information and the dates will be fixed unless otherwise noted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Six E-3 LETTER FROM MR. RAY GALLO Mr. Baxter stated that Mr. Gallo had submitted a letter on behalf of VRM. The letter addresses a number of methods by which the water issue for the Cabrillo VRM project could be addressed. At this point before staff commits any more time to this proposal, we thought it would be helpful if Council give some direction. Mr. Baxter stated that he would recommend that Council instruct staff to continue working on this matter until it is resolved or negoations are no longer possible. Mayor Dorn felt that this matter should be reviewed by the Water Advisory Committee. MOTION: Councilwoman Deutsch moved that this matter be referred to the Water Advisory Committee and that it be placed on the agenda as an agenda item with proper notice. This was seconded by Councilwoman Ward and so carried. E-4 RESOLUTION OF THE CITY COUNCIL AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRT FN ARr,IIMFNT rnp A rTTV MFACIMP Mr. Baxter stated that in accordance with requirements in the California Elections Code, the City Council must authorize those persons who shall be responsible for preparing the written arguments for the City, if any arguments are to be submitted on the City's behalf. MOTION: Mayor Pro-Tem Lemons moved that he and Councilman Anderson be responsible for preparing the written arguments for the City on the ballot measures for the June 2, 1981 election and that Michael LeSage be authorized to prepare an impartial analysis as directed by this committee. This was seconded by Mayor Dorn and so carried. E-5 "PRELIMINARY WATER MANAGEMENT PLAN. Mr. Baxter stated that the Coastal Commission indicated that before the Water Management Plan can be presented to the Commission, the report must be approved by the Council. Mr. LeSage stated that he felt this matter should be scheduled for a public hearing at the March 23 meeting. This was agreed to be all present E-6 RESOLUTION IN RESPONSE TO THE REVISED PROPOSED NOTICE OF SALE FOR LEASE . CAI F Z Mr. Baxter stated that a request had been received to reply to the revised proposed notice of sale for lease sale #53. It was the feeling of the Council that we should reaffirm our resolution that had been previously passed on this subject. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Seven E-7 POLICE DEPARTMENT BUILDING REMODEL. Mr. Al Olson stated that his department had requested and received permission in October to redo the plate glass window in the front the the Police Department. It was required to go to design by the City Engineer. When bids were received on this, the lowest bid was $4900 and only $3000 had been appropriated. The increase was due to (1) the amount of time between the estimate and the ready stage saw an increase in labor and material and (2) additional earthquake stablers that the building department and city engineer required. Mr. Olson stated that $1,000 can be transferred from his capital account for an item he is willing to forego and the other $1,000 would be from addition salary savings. MOTION: Councilwoman Deutsch moved that the total amount to be approriated for a new front to the Police Department Building shall not exceed $5,000 from the Police Department Budget. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. E-8 PROPOSED STATE BUDGET CUTS. Mr. Baxter stated that he had attended meetings sponsored by Mello and Hallett. The state is recommending a diversion of 25 percent of the property taxes be given to the schools. Mr. Baxter stated he would like permission to draft a letter opposing this idea. This was agreed to by all present. E-9 RESOLUTION FOR FLETCHER PECK. Staff was requested to prepare a resolution for Fletcher Peck in honor of his presenting the City with an official song. The resolution would be signed by the whole Council. E-9 SIX BOAT SLIPS. John Lemons asked for a short report on the six boat slips. Mr. Bressan stated that a meeting has tentatively been scheduled for March 18 and he is attempting to have this matter placed on the April 24 agenda of the Regional Board held in Avila. E-10 T-PIER. Mayor Pro-Tem Lemons asked for a short status report on the T-Pier. Mr. Bressan stated that we are 80-85 percent completed on the survey and design process. We have the rough draft specification and we are finalizing the plans. The under -water survey has just been completed. This matter will be going to the Coastal Commission in two weeks for their approval. MOTION: Since there were no further matters for discussion, Councilwoman Ward moved for adjournment of this meeting until March 16, 1981 at 6:00 PM in the Recreation Hall. This was seconded by Mayor Pro-Tem Lemons. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1981 Page Eight The meeting was adjourned at 10:15 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy C y Clerk A AGENDA - MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 2, 1981 CITY HALL CONFERENCE ROOM Call to Order UNFINISHED BUSINESS 1. Consideration of other items on ballot.for Special Election being held on June 2, 1981. NEW BUSINESS 1. Acceptance of the final Brown & Caldwell Water Management Report. 2. Council consideration of LCP - selection of date. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Administrator MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 2, 1981 CITY HALL CONFERENCE ROOM Mayor Warren M. Dorn called the meeting to order at 5:00 PM in the City Hall Conference Room. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk UNFINISHED BUSINESS 1. CONSIDERATION OF OTHER ITEMS ON BALLOT FOR SPECIAL ELECTI nN .niNr ' oai Mr. LeSage presented a resolution outlining proposed items for consideration on the June 2 ballot. These items include repealing of Measures A and B and an "Advisory Vote Only" on a mandatory garbage ordinance. Also noted by Mr. LeSage were due dates that the public should be aware of in regards to this election. March 18 - Arguments For and Against are due; March 28 - Rebuttal statements are due; April-7 - Close of public examination period for Arguments For and Against; April 17 - Close of public examination period for Rebuttal Statements. There was a brief discussion on including the extension of Highway 41 to the Embarcadero on the ballot. MOTION: Councilwoman Deutsch moved that Resolution 18-81 be approved as amended. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by a roll call vote. NEW BUSINESS ACCEPTANCE OF THE FINAL BROWN & CALDWELL WATER MANAGEMENT REPORT. Mr. Baxter stated that the final Brown and Caldwell report is in. Staff would like Council to receive the report and at a later date information can be presented at a public meeting. MOTION: Councilwoman Deutsch moved that the final Brown and Caldwell Water Management Report be received by Council. This was seconded by Mayor Pro-Tem Lemons and so carried. MORRO BAY CITY COUNCIL ADJOURNED MEETING - MARCH 2, 198V Page Two 2. COUNCIL CONSIDERATION OF LCP - SELECTION OF DATE. Mr. Baxter stated that the Planning Commission requested that a joint meeting be held between the Planning Commission and the Council regarding the Local Coastal Plan (LCP). They had suggested that a date be set either before the Planning Commission or Council meeting. There was some discussion on the feasibility of this type of meeting. It was concluded by the Council members present that a meeting will be held but to discuss the mechanics of the LCP only. MOTION: Councilwoman Deutsch moved that a joint meeting between Council and the Planning Commission be scheduled for 6:00 PM on March 16 in the Recreation Hall. This was seconded by Mayor Pro-Tem Lemons and so carried. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION Mayor Dorn stated that he would like it to be put on record that he abstained for the voting of Item A-1 of this meeting insofar as one of the items dealt with him. MOTION: Councilman Anderson moved that the meeting be adjourned. This was seconded by Mayor Pro-Tem Lemons and so carried. The meeting was adjourned at 6:15 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK by Bonita Murray, Deputy Cit Clerk AGENDA .City of Morro Bay Regular Meeting, February 23, 1981 Recreation Hall, 7:30 PM CALL TO ORDER PLEDGE OF ALLEGIANCE - Hcrace Strong, American Legion INVOCATION - Rev. Walt Anderson, Christian Research Center A. CONSENT CALENDAR A-1 Approval of Expenditure Report for January, 1981. A-2 4equt-f,^,r-Approva4-eff-4- eopena444e4 Bay and Sequoia BayYiew or�dom}niums-€or—tbe-Ruepose-ef-CoastrLiag_a. A-3 Request for Authorization to'Purchase Two Buses Under Section 18 Funding Program. A-4 Resolution for the City of Morro Bay Approving the Priority Plan for Expenditures Under the Provisions of the California Parklands Act 1980. A-5 Resolution for the City of Morro Bay Approving Application for Projects Under the Provisions of the Parkland Act 1980. A-6 Proclamation Declaring March 8-14, 1981 as Girl Scout Week. A-7 Resolution Commending George Chrissakis on his job as City Engineer. B. UNFINISHED BUSINESS B-1 Weed Abatement Appeal of Leonard Cook. B-2 Reorganization of Public Services Department. B-3 Adoption of Ordinance No.. 192, Art, Hobby, or Handicraft Shows and Exhibitions. - B-4 Adoption -of Ordinance No. 193, Residency of the City Administrator. B-5 Adoption of Ordinance No. 194, Harbor Advisory Board. B-6 B-7 Consideration of Payment Schedule for Meyers -Sites Lease. C. NEW BUSINESS C-1 Proposed Hiring of Labor Relations Firm. C-2 R. L. Fisher's Construction Company, Inc. Request for City Commitment on Senior Citizen Housing Project. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 Approval of Chamber of Commerce Expenditures for December, 1980 and January, 1981. D-2 Request for Lease Sites 73 & 73W Improvements - Dale & Kathryn Mitchell. D-3 Proposed Abandonment of a Portion of Cuesta & Maple Streets by Brian Bittke. D-4 Appeal of Jack Loperena for Zone Change from R-A to R-1 Zone for Property Located at 2095-2145 Ironwood Avenue. D-5 Initiative Petition for Protection of Commercial Fishing in Morro Bay. D-6 An Ordinance Amending Section 11 of Ordinance 100, Section 2 (Part) of Ordinance 65 and Section 17.40.030 (Part) and Section 14.40.040 of the Morro Bay Municipal Code. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23,.1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:35 PM by Warren M. Dorn, Mayor. Horace Strong of the American Legion led the Pledge of Allegiance and Robert Meyers gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael T. LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Approval of Expenditure Report for January, 1981. A-2 Request for Approval of a Cooperative Agreement Between Bay and Sequoia Bayview Condominiums for the Purpose of A-3 A-4 A-5 A-6 A-7 Joint Water Line. (Rescheduled) Request for Authorization to Purchase Program. the City of Morro Constructing a Two Buses Under Section 18 Funding Resolution for the City of Morro Bay Approving the Priority Plan for Expenditures Under the Provisions of the California Parklands Act 1980. Resolution for the City of Morro Bay Approving Application for Projects Under the Provisions of the Parkland Act 1980. Proclamation Declaring March 8-14, 1981 as Girl Scout Week. Resolution Commending George Chrissakis on his job as City Engineer. Paul Baxter, City Administrator, read the Consent Calendar to the members of Council and the members of the public present. He noted that Item A-2 had been rescheduled to a future meeting and would not be discussed at this meeting. Item A-3. Mayor Pro-Tem Lemons asked if this proposal was in addition to the bus already approved by Council. John Bressan, Public Services Director, stated that this request would be in addition to the bus now on order. The City's share for the purchase of the two additional buses would be $17,160. However, there is $8,584 currently remaining in transportation funds which could be used for this additional purchase. Councilwoman Deutsch asked if a study can be conducted by staff.to ascertain if one of these new buses will be available for use when the Senior Bus is unable to be used. 0 MINUTES - MORRO BAY CITY COUNCIL. REGULAR MEETING - FEBRUARY 23, 1981 Page Two Howard Gaines questioned the travel expense of Warren Dorn on his trip to the California League of Cities Mayors Meeting in July, 1980. MOTION: Mayor Pro-Tem Lemons moved that the Consent Calendar be approved as submitted with the deletion of Item A-2. This was seconded by Councilwoman Ward and carried.unanimously by roll call vote. B. UNFINISHED BUSINESS B-1 WEED ABATEMENT APPEAL OF LEONARD COOK. Paul Baxter stated that staff has had an opportunity to view Mr. Cook's property, in question and feel that a refund of $47.80 should be approved in proportion to the property size. This was agreeable with Mr. Cook. MOTION: Councilwoman Deutsch moved that Leonard Cook be refunded $47.80 on his weed abatement appeal. This was seconded by Councilman Anderson and carried unanimously by a roll call vote. B-2 REORGANIZATION OF PUBLIC SERVICES DEPARTMENT. Mayor Pro-Tem Lemons requested that this matter be postponed until the next meeting. This was in agreement with the other.Council members. B-3 ADOPTION OF ORDINANCE NO. 192, ART, HOBBY, OR HANDICRAFT SHOWS AND EXHIBITIONS. Mr. Baxter stated that this is the second reading of this ordinance and he would recommend approval. MOTION: Councilwoman Deutsch moved that Ordinance No. 192 be read by title and number. This was seconded by Councilwoman Ward.. and carried unanimously by roll call vote. Mr. Baxter read this ordinance by title - "Ordinance No. 192 - An Ordinance Amending Section 5.08.040 of the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved for the adoption of Ordinance No. 192 and that this constitutes the second reading. This was seconded by Councilwoman :.Ward,.: and carried unanimously by roll call vote. B-4 ADOPTION OF ORDINANCE NO. 193, RESIDENCY OF THE CITY ADMINISTRATOR Mr. Baxter stated that this is the second reading of this ordinance and he would recommend approval. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 193 be read by title and number. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. Mr. Baxter read this ordinance by title - "Ordinance No. 193, An Ordinance Deleting Section 2.12.020 of the Morro Bay Municipal Code. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Three MOTION: Mayor Pro-Tem Lemons moved for the adoption of Ordinance No. 193 and that this constitutes the second reading. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. B-5 ADOPTION OF ORDINANCE NO. 194, HARBOR ADVISORY BOARD. Mr. Baxter stated that this is the second reading of this ordinance and he would recommend approval. Councilman Anderson stated that he felt the requirements of the Board may need to be changed since it is sometimes difficult to get an individual to serve from a specific field. He suggested changing the membership of the Harbor Advisory Board as that of the Planning Commission. There was a brief discussion on this matter. MOTION: Mayor Pro-Tem Lemons moved that Ordinance No. 194 be read by title and number. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. Mr. Baxter read this ordinance by title - "Ordinance No. 194, An Ordinance Amending Sections 15.48.010 and 15.48.020 of the Morro Bay Municipal Code." MOTION: Mayor Pro-Tem Lemons moved for the adoption of Ordinance No. 194 and that this constitutes the second reading. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. B-7 CONSIDERATION OF PAYMENT SCHEDULE FOR MEYERS-SITES LEASE Mr. Baxter stated that Mr. Sites' attorney had written and suggested a payment schedule for Mr. Sites past obligations to the City. Staff would recommend approving this schedule since full payment will be completed by September, 1981. Councilwoman Deutsch felt that interest should be charged on the unpaid balance since the City is not in the business of carrying accounts. There was a brief discussion on this. MOTION: Councilwoman Deutsch moved that we accept the payment schedule that Mr. Sites has recommended with an interest rate of 10 percent on the unpaid balance from this date forward. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C. NEW BUSINESS C-1 PROPOSED HIRING OF LABOR RELATIONS FIRM. Mr. Baxter stated that the City has two Memorandums of Understanding that will be expiring this year. He felt that the firm of Becker and Bell could serve as the City's negotiator and also help with any background information, personnel, etc. He recommended that the firm be hired on a 12 month contract for a total amount of $9,600. The financial impact for this fiscal year would be $3,200, which is offset by the salary savings created by the resignation of Ann McKibbin. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Four MOTION: Mayor Pro-Tem Lemons moved for the approval of a 12-month contract with Becker and Bell. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C-2 R. L. FISHER'S CONSTRUCTION COMPANY. INC. REOUEST FOR CITY COMMITMENT Mr. Baxter stated that Mr. Fisher has submitted a request to the City asking that the water moratorium for a senior citizen project he is sponsoring be lifted. Mr. Fisher is appealing to the Council so that construction delays may be mitigated. If the City does not feel it is possible to lift the moratorium at this time, Mr. Fisher would request that the City or the County Housing Authority take over their position in the project. Mr. Fisher submitted a letter to further clarify his position in this project (see Exhibit A). He requested that-Couhcil (1) talk to the California Coastal Commission; (2) talk to the Water Quality Control Board; (3) consider reinstating the lawsuit against the Coastal Commission; (4) direct staff to do whatever they can to lift the moratorium. Michael LeSage suggested that Council direct staff to meet with the Coastal Commission after receiving the Brown and Caldwell Report. MOTION: Mayor Pro-Tem Lemons moved that staff meet with Mr. Fisher to discuss this senior citizen housing project and report back to Council with recommendations and/or steps that should be taken in this matter. This motion died for lack of a second. MOTION: Mayor Pro-Tem Lemons moved that within a week of receipt of the Brown and Caldwell Report that Council authorize myself and John Bressan to contact the Coastal Commission to find out precisely what it takes to satisfy their requirements to lift the moratorium. This was seconded by Councilman Anderson and so carried. Councilwoman Ward felt that the lawsuit should be pursued if the City can't get any reasonable answers from the Coastal Commission. Jim Ross stated that he has an application before the Coastal Commission and would volunteer to be the vehicle to test this case. Jim Merzon also addressed the Council on the lawsuit. MOTION: Mayor Dorn moved that the City join as co -applicant with Mr. Jim Ross if the final report of Brown and Caldwell indicates as the preliminary report did for additional hookups in this community, and that we test this Council's authority to make such a judgement. This was seconded by Councilwoman Ward and so carried. Bruce Risley stated that he felt there were some distortions of the facts on this water situation. Morro Bay does have a real water problem and the Council should try to solve them (i.e., waste of water, etc.). A brief recess was called at 9:30 PM. The meeting was reconvened at 9:40 PM. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Five D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 APPROVAL OF CHAMBER OF COMMERCE EXPENDITURES FOR DECEMBER, 1980 AND JANU RY, 1981. Mr. Baxter stated that the Chamber of Commerce had submitted their expenditure reprots for December - $2,030.46 and January - $2,239.33. The statements have been reviewed for appropriateness under the ordinance and under the contract. Staff is recommending that the amount for December be approved as requested and that the amount for January be approved as amended in the amount of $2,082.22. MOTION: Councilman Anderson moved for the approval of the expenditure reports from the Chamber of Commerce for the months of December, 1980 and January, 1981 as amended. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. D-2 REQUEST FOR LEASE SITES 73 & 73W IMPROVEMENTS - DALE & KATHERINE MITCHELL. Mr. Baxter stated that the Planning Commission considered the request of the Mitchell's for a modification to their property on Lease Site 73 & 73W. The Commission approved an amended application, mainly that certain areas in the rear deck would not be included and also that a door would not be allowed across the lot line as both of these did not meet the requirements of the building code. Staff is recommending that Council approve the action of the Planning Commission and authorize the lease,,:,be amended to include these improvements. Let the record show that Michael LeSage did not feel that Rodger Anderson had a conflict of interest since he does not have a financial interest in this matter. MOTION: Councilwoman Deutsch moved that the modifications as amended by the Planning Commission on Lease Sites 73 and 73W be approved. This motion died for lack of a second. Mr. Mitchell gave the Council an outline of the proposed changes whereby they wished to allow access to a larger portion of the building which would necessitate additional exits as required by the fire code. If the lease site were to be sold to another individual, the back deck portion could be closed to the public and the fire exit opening to the court yard would be sealed. MOTION: Councilwoman Deutsch moved that the modifications be accepted for Lease Sites 73 and 73W pending Fire Chief Zerr's approval. This motion died for lack of a second. MOTION: Mayor Pro-Tem Lemons moved on lease site 73 and 73W that (1) the lease line is not considered to be a property line as designed in the Building Code, (2) that the court yard door remain open during business hours, and (3) that on any transfer of lease that appropriate adjust- ments be made to close the back deck portion to the public and that the,door opening to the court yard be sealed. This was seconded by Mayor Dorn and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Six D-3 PROPOSED ABANDONMENT OF CUESTA AND MAPLE STREETS BY BRIAN BITTKE. John Bressan stated that Mr. Bittke is requesting an abandonment of an unused portion of Cuesta and Maple Streets. Staff is recommending that the portion be abandoned with a perpetual easement for utility purposes. Michael LeSage stated that restrictions should be noted for a sight distance problem. MOTION: Councilman Anderson moved that the public hearing on this matter be closed. This was seconded by Councilwoman Deutsch and so carried. MOTION: Mayor Pro-Tem Lemons moved that we quit claim the portion of Cuesta and Maple as requested by the Director of Public Services with a perpetual easement for utility purposes and that any costs be borne by Mr. Bittke. This was seconded by Mayor Dorn and so carried. D-4 FOR ZONE. Murrel Crump stated that this request involves approximately a three acre site consisting of three parcels on Ironwood Avenue. An EIR has been prepared on this project. Staff is recommending approval of the zone change and certification of the final EIR. MOTION: Councilwoman Ward moved that the public hearing be closed and that Council approve the zone change as requested by Mr. Loperena and certify the final EIR on this project. This was seconded by Council- man Anderson and so carried. E-5 INITIATIVE PETITION FOR PROTECTION OF COMMERCIAL FISHING IN MORRO BAY. Mr. Baxter stated that the initiative petition had been turned into the City Clerk's Office on January 26, 1981 with a total of 1,268 signatures. Upon examination of the signatures, a total of 1,039 were valid. Therefore, the petition has been certified as valid. The Council has the option to either adopt the ordinance in its entirety or declare a special election. If a special election is called, funds will need to be appropriated from the Contingency Fund since funds have not been budgeted for this election. The total cost of the election will be approximately $10,000-$12,000. Mr. Giannini, sponsor of the petition, stated that he felt this ordinance was needed to protect the future of the fishing industry. He also felt that this ordinance would make Council's job easier. Members of the Council felt that this was an unneeded expense for the City and it was unfair to put this burden on the taxpayers. The Council aslo felt that this ordinance, if passed, might jeopardise the money being received from the Coastal Conservancy for the repair of the T-Pier, which stipulates that the pier is to be for public use. There was a lengthy discussion on this issue between Council, Mr. Giannini and the members of the public present. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Seven MOTION: Mayor Dorn moved for the adoption of Resolution 15-81 which calls for a special election to be held in the City of Morro Bay on June 2, 1981. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. The Council also felt that they may wish to add items to the ballots and will adjourn the meeting to Monday, March 2 at 5:00 PM in City Hall Conference Room to make this determination. ,_The meeting was recessed at 11:20 PM and reconvened at 11:25 PM. D-6 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE 1 Mr. Baxter stated that this ordinance is being introduced pursuant to Council's action to make minor modifications in the Municipal Code relating to the S-7 and S-8 Special Combining Districts. Staff would recommend approval of this ordinance on first reading. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. Mr. Baxter read this ordinance by title only = "An Ordinance Amending Section 11 of Ordinance 100, Section 2 (Part) of Ordinance 65 and Section 17.40.030 Part) and Section 14.40.040 of the Morro Bay Municipal Code." MOTION: Mayor Pro-Tem Lemons moved for the approval of this ordinance and that this constitutes the first reading. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. E. INDIVIDUAL ITEMS OF DETERMINATION AND/OR ACTION E-1 WATER ADVISORY COMMITTEE. Mr. Baxter said it had been suggested that a representative from the Regional Water Quality Control Board and the Regional Coastal Conservancy Staff be appointed by Council to the Water Advisory Committee. Mr. Bill Leonard of the Regional Water Quality Control Board and Mr. Paul Giardina of the Regional Coastal Conservancy staff have agreed to serve if the Council so desires. MOTION: Mayor Pro-Tem Lemons moved that Bill Leonard and Paul Giardina be appointed to serve on the Water Advisory Committee. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1981 Page Eight E-2 ENVIRONMENTAL ASSESSMENT DOCUMENTS. Mr. Crump stated that VRM is nearing completion of their plans for development of a 97.5 acre site. They are requesting that the work on the required environmental documents and reports be started in advance of formal application filing. The project developer has deposited with the City the estimated not -to -exceed consultant contract amount and there will be no -financial liability on the part of the city. Staff is recommending that Council authorize the Mayor and City Clerk to execute a contract between the City and Ultrasystems Inc. for preparation of the assessment documents relating to the proposed development. MOTION: Mayor Pro-Tem Lemons moved that the mayor and city clerk be authorized to execute a contract between the City and Ultrasystems, Inc. for preparation of assessment documents related to the proposed developmen of the 97.5 acre site known as the Cloisters Parcel and VRM Property. This is to be paid for by funds deposited in trust by the project sponsor and the contract is subject to the City Attorney's review. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. E-3 HARBOR ADVISORY COMMITTEE. MOTION: Mayor Pro-Tem Lemons moved that Stephen Yeoman of Pacific Shellfish Company be appointed to the Harbor Advisory Committee under the Fish Processor section. This was seconded by Councilman Anderson and so carried. E-4 ELECTRICITY FOR T-PIER. Mr. Ron Baker was concerned about loss of power to the T-Pier and felt that more notice should have been given. John Bressan gave a brief background on this problem. He outlined the options available as outlined to him by Bill George, Building Inspector. Repairs to the electrical system would cost approximately $1,000. MOTION: Mayor Pro-Tem Lemons moved that an amount not to exceed $2,500 be taken from the Harbor Trust Fund for temporary repair of the T-Pier. This was seconded by Councilwoman Deutsch and carried unanimously by a roll call vote. There being no further items for discussion, the meeting was adjourned to an executive session at 11:50 PM to discuss Tidelands litigation. The meeting was adjourned at 12:10 AM to Monday, March 2, 1981 at 5:00 PM in the City Hall Conference Room. Respectfully submitted, PAUL BAXTERR,, City, Clerk by Bonita Murray, Depu.,y Ctt Clerk i i CITY OF MORRO BAY REGULAR MEETING - RECREATION HALL, FEBRUARY 9, 1981 7:30 PM Call to Order Pledge of Allegiance - Horace Strong, American Legion Invocation - Rev. Charles Erickson, St. Peter's Episcopal Church A. CONSENT CALENDAR A-1 Resolution to Modify the Time to File Petition. A-2 Claim Against the City of Morro Bay by John Cowitz. Deny Claim. A-3 Claim Against the City of Morro Bay by James Suomela. Deny Claim. A-4 Approval of Tract Map for Tract 890. A-5 Resolution Objecting to Proposed Administrative Changes to the Transportation Development Act (SB 325). B. UNFINISHED BUSINESS B-1 CASE NO. ZOA 01-80, Consideration of a Zoning Ordinance Text Amendment Recommended by the Planning Commission. C. NEW BUSINESS C-1 Use Permit Request by Morro Bay Firemen's Muster Association to Hold the "California Challenge Muster" in Morro Bay on September 19 and 20, 1981. C-2 Change in Morro Bay Municipal Code Section 5.08.040 -;Art, Hobby or Handicraft Shows and Exhibitions. C-3 Deletion of Section 2.12.20 of the Morro Bay Municipal Code - Residency of City Administrator. C-4 Request for Budget Adjustment. C-5 Law Enforcement Explorer Program. C-6 Change in Morro Bay Municipal Code Section 15.48.010 and 15.48.020 - Harbor Advisory Board. C-7 -Request for_Authorization to File Step III -Grant AppTicatiori for Wastewater 1 Improvement to Morro Bay/Cayucos Wastewater Treatment Plant New Anaerobic - Sludge Digester. - --- — -- ---- - — - ---- D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 Appeal by Brian E. Bittke for Abandonment of a Portion of Cuesta and Maple Streets. B 2 P-apased Abandammemt eF South Street Between Maim and Menterey. ,�a� D-3 Weed Abatement Appeals. E. INDIVIDUAL ITEMS OF DETERMINATION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING, FEBRUARY 9, 1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:30 PM by Mayor Pro-Tem Lemons. Horace Strong of the American Legion led the Pledge of Allegiance and Rev. Charles Erickson of St. Peters Episcopal Church gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman ABSENT: Warren M. Dorn, Mayor STAFF: Paul Baxter, City Administrator Michael T. Le Sage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Resolution to Modify the Time to File Petition. A-2 Claim Against the City of Morro Bay by John Cowitz. Deny claim. A-3 Claim Against the City of Morro Bay by James Suomela. Deny claim. A-4 Approval of Tract Map for Tract 890. A-5 Resolution Objecting to Proposed Administrative Changes to the Transportation Development Act (SB325). Mr. Baxter read the Consent Calendar to the Council and the members of the public present. MOTION: Councilman Anderson moved that the Consent Calendar be approved. This was seconded by Councilwoman Ward and so carried. B. UNFINISHED BUSINESS B-1 CASE NO. ZOA 01-80, CONSIDERATION OF A ZONING ORDINANC R FrnMMFN Fn RV TFJC DI oNnlT nlr_ rnMMTCCTnnl Mr. Crump stated that this matter had been continued by the Council for further review by the Planning Commission. They have conducted such a review and are submitting amended wording for sections involving standards, architectural, landscaping, lighting and other special requirements, and procedures. He also stated that the Planning Commission will undertake a complete revision of the zoning ordinance �:wgep the LCP is adopted. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING, February 9, 1981 Page Two MOTION: Mayor Pro-Tem Lemons moved that the amendment be approved as proposed as an interim change and Council would request that the Planning Director and Planning Commission come forward with either firm recommendations to S-7, S-8, and S-9 or a recommendation to delete them. This was seconded by Councilwoman Deutsch and so carried. C. NEW BUSINESS C-1 USE PERMIT REQUEST BY MORRO BAY FIREMEN'S MUSTER ASSOCIATION TO HOLD THE Mr. Baxter stated that staff had received a request from the Morro Bay Muster Association to hold their Annual California Challenge Muster on September 19 and 20, 1981. It is their intent to use the same streets and program format that was used last year and there are no objections to this plan as submitted. MOTION: Councilwoman Ward moved for the approval of a Use Permit to the Morro Bay Firemen's Muster Association to hold the California Challenge Muster in Morro Bay on September 19 and 20, 1981. This was seconded by Councilwoman Deutsch and so carried. C-2 CHANGE IN MORRO BAY MUNICIPAL CODE SECTION 5.08.040 - ART, H -whKIn TrDACT CUNRC ❑hin CvuTDTTTnrac Mr. Baxter stated that this ordinance change is being submitted as a result of discussions at the last meeting. A sentence has been added to allow non-profit organizations to be charged only for actual costs incurred for an event. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Mayor Pro-Tem Lemons and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Section 5.08.040 of ,the Morro Bay Municipal Code." MOTION: Councilwoman Deutsch moved that this ordinance be approved as read and that this constitutes the first reading. This was seconded by Mayor Pro-Tem Lemons and so carried. C-3 DELETION OF SECTION 2_.12.20 OF THE MORRO BAY MUNICIPAL CODE - RESIDENCY Mr. Baxter stated that this section is not legal and has been ruled unconstitutional by the courts. Staff is, therefore, recommending that it be deleted from the Municipal Code. MOTION: Councilwoman Ward moved that this ordinance be read by title only. This was seconded by Councilman Anderson and so carried. Mr. Baxter read this ordinance by title only = "An Ordinance Deleting Section 2.12.020 of the Morro Bay Municipal Code." 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1981 Page Three MOTION: Mayor Pro-Tem Lemons moved that this ordinance be approved as read and that this constitutes the first reading. This was seconded by Councilwoman Deutsch and so carried. C-4 REQUEST FOR BUDGET ADJUSTMENT Mr. Baxter stated that funds were allocated at the Budget Hearings of 1980-81 for the purchase of 41 fire hydrants. The Director of Public Services feels that this money would be better utilized for improved water lines for the proposed hydrants. The hydrants will be installed during the next fiscal, year and the current proposed adjustment would not be any threat to safety. MOTION: Councilwoman Deutsch moved that the budget be adjusted to allow for the replacement of water lines instead of fire hydrants. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C-5 LAW ENFORCEMENT EXPLORER PROGRAM Al Olson proposed to Council the establishment of a Police Explorer Program. He said that although Morro Bay has never had such a program, it would be a real assest to the department. The program is chartered by the Boy Scouts of America to help youngsters who are interested in the law enforcement field and is utilized by many law enforcement agencies in California. Mr. Olson gave a brief background of the program and the requirements for participation in the program. The cost of supporting this program would be approximately $1,000 and support for this would be sought from the local service clubs in the community. If all the monies needed to establish this program are not met, Mr. Olson requested authorization to use funds from his current budget to initiate the program. MOTION: Councilwoman Deutsch moved that we accept the proposed Law Enforcement Explorer Program as stated with the proviso of limiting the potential appropriation from the Police Department budget to $1,000, if needed. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C-6 CHANGE IN MORRO BAY MUNICIPAL C [ON 15.48.010 ANI Mr. Baxter stated that the Harbor Advisory Board is requesting that the number of members on the board be changed from five to six and that one member be at -large. Clifford Smith of the Harbor Advisory Board explained the reasoning behind their request for six members. MOTION: Councilwoman Deutsch moved that this ordinance be read by title only. This was seconded by Mayor Pro-Tem Lemons and so carried. Mr. Baxter read this ordinance by title only - "An Ordinance Amending Sections 15.48.010 and 15.48.020 of the Morro Bay Municipal Code." MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - February 9, 1981 Page Four MOTION: Councilwoman Deutsch moved that this ordinance be approved as read and that this constitutes the first reading. This was seconded by Councilman Anderson and so carried. C-7 REQUEST FOR AUTHORIZATION TO FILE STEP III GRANT APPLICATION FOR WASTEWATER TREATMENT PLANT. Mr. Baxter stated that staff is requesting Council's approval to file the EPA Clean Water Grant Step III Application as part of the Morro Bay/Cayucos Wastewater Treatment Plant Project. MOTION: Councilwoman Ward moved for the approval of the Resolution Authorizing Filing Application for Federal and State Grants for Publicly Owned Wastewater Treatment Works in Providing Certain Assurances. This was seconded by Councilman Anderson and so carried. Mi.] BAY/CAYUCOS WAS" :W ANAEROBIC Mr. Bressan stated that this request is a result of the Value Engineering Study on the 10 percent Design phase on the Wastewater Treatment Plant and a cooperative design review conducted by Brown and Caldwell. Both reviews found that it would be desirous to have a third digester added to the Wastewater Treatment Plant. C,*e additional digester would provide a smoother. construction process, but' it' is not certain that it would be grant fundable. MOTION: Councilwoman Deutsch moved that Council direct staff to proceed with the preliminary design and application for a new anaerobic sludge digester depending on whether or not it would be grant fundable. This was seconded by Councilwoman Ward and so carried. D. PUBLIC HEARINGS, APPEARANCES AND REPORTS D-1 APPEAL BY BRIAN E. BITTKE FOR ABANDONMENT OF A PORTION OF CUESTA AND MAPLE STREETS. Mr. Baxter stated that Mr. Bittke is requesting abandonment of a portion of Cuesta and Maple Streets as he is desirous of adding on to his home. It is staff's recommendation that Council approve the abandonment subject to a perpetual easement on the parcel for public utility uses. It was Council's recommendation that formal proceedings for abandonment be started. D-2 PROPOSED ABANDONMENT OF SOUTH STREET BETWEEN MAIN AND MONTEREY. Mr. Baxter stated that the parties involved had requested that this matter be continued to the February 23, 1981 Council Meeting. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - February 9, 1981 Page Five D-3 WEED ABATEMENT APPEALS. Rodger Anderson disqualified himself from this portion of the meeting as he had submitted an appeal. John Bressan stated that the City cleared 415 lots this past year through the services of a private contractor. This is the first year that property owners were charged on an hourly basis rather than square footage. Each denial was treated seperately and are as follows: MOTION: Councilwoman Ward moved that the weed abatement appeal of Ben Rogers, APN 65-031-04, be denied. This was seconded by Mayor Pro-Tem Lemons and so carried. MOTION: Mayor Pro-Tem Lemons moved for the denial of the weed abatement appeal of L. J. Goodhouse, APN 68-254-01 and APN 68-254-02. This was seconded by Councilwoman Ward and carried with Councilwoman Deutsch opposed. MOTION: Councilwoman Deutsch moved that the weed abatement appeal of Leonard Cook be held until the February 23, 1981 Council Meeting to allow the Council to view the lot in question (APN 68-252-36 and APN 68-252- 37). This was seconded by Mayor Pro-Tem Lemons and so carried. MOTION: Councilwoman Ward moved that the weed abatement appeal of Don Opperman be reduced in half and that Mr. Opperman be refunded $150.20. This was seconded by Councilwoman Deutsch and so carried. MOTION: Councilwoman Deutsch moved that the following weed abatement appeals be approved: L. E. Hills, Rodger Anderson, Isabelle Johnson, H. E. Giese, R. L. Fisher and Doug Roberts. This was seconded by Council- woman Ward and carried unanimously by a roll call vote. E. INDIVIDUAL ITEMS OF DETERMINATION E-1 TIDELANDS PROPERTY. Mr. LeSage stated that a settlement has not been reached but we are close. He went over a few of the details in the settlement and requested an executive session on this matter. E-2 DEANNA DAVIS LEASE - LEASE SITES 68 AND 68W. Rodger Anderson disqualified himself from this portion of the meeting as he may have a conflict of interest. Mr. Baxter stated that in order to adequately protect Mrs. Davis and yet allow the property management investigation to continue, staff is recommending a six month extension of the current lease and that a decision be made at that time. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - February 9, 1981 Page Six MOTION: Councilwoman Deutsch moved that Deanna Davis' lease be extended for six months from the date of expiration of her current lease. This was seconded by Councilwoman Ward and so carried. E-3 PROPOSITION ONE MONIES. Mr. Baxter stated that we will be receiving the final distribution formula from the County on the Proposition One monies. Mary Sanders will be submitting this to the Recreation Commission and then to the Council at our next meeting. This is for your information so that you may be thinking of any projects for the use of this money. E-4 USE PERMIT FOR MORRO BAY FISHERMENS ASSOCIATION. Mr. Baxter stated that the Morro Bay Fishermens Association has requested a use permit to hold a swap meet on February 21-22 near the Harbor Office. This is the same location as last year and the proceeds would be donated to the Fishermen's Memorial. Fund. MOTION: Councilwoman Deutsch moved for the approval of the Use Permit for the Morro Bay Fishermens Association to conduct a swap meet on February 21-22. This was seconded by Councilwoman Ward and so carried. E-5 LETTERS OF COMMENDATION AND GOOD WISHES. Mayor Pro-Tem Lemons requested staff to submit a resolution commending George Chrissakis, retired City,Engineer, forhis fine work. He also requested that staff submit a letter of good wishes from Council to Ann McKibbin for all of her hard work and council's appreciation. MOTION: Councilwoman Ward moved that the meeting be adjourned into executive session and then adjourned following this. This was seconded by Mayor Pro-Tem Lemons and so carried. The meeting was adjourned into executive session at 10:00 PM. The meeting was reconvened at 10:55 PM and adjourned. Respectfully submitted, PAUL BAXTER, Ci y Clerk by Bonita Murray, Deputy C' y Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 RECREATION HALL, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong - American Legion Invocation - Rev. Lance Poldberg - Calvary Lutheran Church A. CONSENT CALENDAR A-1 Claim Against the City of Morro Bay by Jerry Kirkpatrick. Deny Claim. A-2 Claim Against the City of Morro Bay by Neil R. Kline. Deny on advise of the City Attorney. A-3 Claim Against the City of Morro Bay by Edward Ana. Deny Claim. A-4 Resolution Approving Ocean Outfall Easement Agreement. A-5 Appointment of City Engineer. A-6 Approval of State Lands Commission Permit for the Wastewater Treatment Plant Outfall. A-7 Resolution Authorizing Application for Coastal Acquisition Grant Round III. A-8 Approval of December 8 and 22, 1980 City Council Minutes. A-9 Approval of Expenditure Report for December, 1980. A-10 Resolution Authorizing Temporary Investments for City Funds. A-11 Resolution Authorizing Investment of City Monies in Local Agency Investment Fund (LAIF). A-12 Resolution to Establish Insurance Reserve Fund and Amend Adopted Budget Accordingly. A-13 Resolution Accepting Parklands Act, 1980 and Approving Proposed Distribution Formula. B. OLD BUSINESS B-1 Status Report on Del Mar Park Bids. B-2 Beach Street Stabilization. C. NEW BUSINESS C-1 Lease Site Improvements - Lease Sites 91-92, 91W-92W. C-2 Annual Report - Water Equivalency Program for 1981. D. PUBLIC HEARINGS, REPORTS & APPEARANCES D-1 City Administrator Report on a Property Management Firm to Review/Update Lease Files. D-2 Proposed Closure of South Street Between Monterey and Main Streets. D-3 Appeal of Planning Commission Decision Denying a Tentative Tract Map for Jack Loperena. D-4 Proposed Abandonment of Toro Drive. D-5 Pe.tiiti:on for Improvement of Zanzibar Street. D-6 Report on Cat Trapping Within the City of Morro Bay. CITY OF MORRO BAY AGENDA January 26, 1981 Meeting Page Two E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:30 PM by Mayor Warren M. Dorn. Horace Strong of the American Legion led the pledge of allegiance and Rev. Lance Poldberg of Clavery Lutheran Church gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator .Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Mary Sanders, Recreation Director Al Olson, Chief of Police Bonita Murray, Deputy City Clerk A. CONSENT CALENDAR A-1 Claim against the City of Morro Bay by Jerry Kirkpatrick. Deny claim. A-2 Claim against the City of Morro Bay by Neil R. Kline. Deny on advise of the city attorney. A-3 Claim against the City of Morro Bay by Edward Ana. Deny claim. A-4 Resolution approving ocean outfall easement agreement. A-5 Appointment of City Engineer. A-6 Approval of State Lands Commission Permit for the Wastewater Treatment Plant Outfall. A-7 Resolution authorizing application for Coastal Acquisition Grant Round III. A-8 Approval of December 8 and 22, 1980 City Council Minutes. A-9 Approval of expenditure report for December, 1980. A-10 Resolution authorizing temporary investments for city funds. A-11 Resolution authorizing investment of city monies in Local Agency Investment Fund (LAIF). A-12 Resolution to establish insurance reserve fund and amend adopted budget accordingly. A-13 Resolution accepting Parkland Act, 1980 and approving proposed distribution formula. Mr. Baxter read the Consent Calendar to the Council and members of the public present. Item A-8. Mayor Pro-Tem Lemons asked that the following words be stricken from the minutes on page one of December 8, 1981 - "Mayor Pro-Tem Lemons stated that he would abstain from voting on Item A-3 s4pee-there-*s-a-eeRfl4et-a€-4nterest." Councilwoman Ward stated that Under Item B-1, she had made the motion that the Ordinance be read by title only and not Councilwoman Deutsch. Also, on Item D-1 she asked that the motions be checked. MINUTES - i0RR0 REGULAR MEETING Page Two BAY CITY COUNCIL - JANUARY 26, 1981 Item A-9. Councilman Anderson asked for a report on how much longer additional financial help has needed. Mr. Sibbach stated that there were only a few days overlap between he and Bill.Pierotti, acting finance director, but other than that, Mir. Pierotti's services will be used as needed. Items A-10 and A-11. Councilman Anderson stated that in the past the funds had been earning aoproximately 14 percent. He asked for a clarification of LAIF. Mr. Sibbach stated that a certain amount of money would be placed with LAIF as a liquid reserve fund. The city is currently using strictly time deposits which isn't the best use of the money.. This new proposal will make it easier to meet our cash flow requirements. Item A-5. Councilwoman Deutsch asked how Mr. Bressan could carry out the two full time positions of City Engineer and Director of Public Services. Mr. Bressan stated that the job description of the City Engineer is strictly functional and he would like to be appointed on an interim basis so he can study the overall picture of the department before making a report. Vir. Neil Kline asked what the procedure was for a denied claim. Mr. LeSage stated that Mr.Kline might wish to come in and discuss his case with the City Administrator. MOTION: Mayor Dorn moved that the Consent Calendar be approved as submitted. This was seconded by Councilwoman Ward and so carried. Mr. Baxter requested that Item E-5 be heard at this time since there were several people.in attendance for this item. E-5 ,RT ASSOCIATII CODE SECTION Mr. Baxter stated that the Morro Bay Art Association has requested that they be allowed to hold their three art exhibits and sales as have been done in the past but that the fee be limited to $200 per show. Since this is specifically addressed in the municipal code, staff would, therefore, recommend that the appeal be denied. Mr. Douglas Dean, Morro Bay Art Association, as'ked,for Couni:il's support in matter since most of the shows support Morro Bay. The Association had offered to pay the City $200 per show for any maintenance work involved. He felt that the ordinance as it now reads was meant basically for fly-by-night operators'. There was a general discussion on this. tiOTION: Councilwoman Deutsch moved that the ordinance be.amended to excl6de local non-profit organizations and a fee set by resolution. This died for lack of a second. Mr. LeSage was concerned that the City may not be able to discriminate between a local non-profit group and other non-profit groups. Mr. Baxter stated that staff would draft an ordinance for Council's consideration and discussion and that such draft would be submitted at a later date. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Three B. OLD BUSINESS B-1 STATUS REPORT ON DEL MAR PARK BIDS. The Director of Public Services, at Council's request, has revised the plans and specifications for the Del Mar Park Project. The revision allows for a base bid for park construction and in addition bid alternatives which will either be accepted or rejected deodning on the amount of funds available after the base bid has been satisfied. These documents have been reviewed by the Parks and Recreation Commission at their meeting of January 20, 1981 and it was their opinion that staff should proceed with the concept and seek authorization to request bids on this project. MOTION: Mayor Dorn moved that staff go out to bid on the revised Del Mar Park bids. This was seconded by Mayor Pro-Tem Lemons and so carried. B-2 BEACH STREET STABILIZATION Mayor Dorn excused himself from this portion of the meeting. Mr. Baxter stated that when the Beach Street Project was completed earlier this year, it became apparent that normal runoff along the embankment would erode the west end of the project. It would, therefore, be necessary to come up with a solution to halt the erosion. Five options were identified that the city could tai:e to address the erosion: (1) No action (ground cover planting); (2) Pole and baffle structure; (3) Masonry structure; (4) Wood tree retainer; or (5) Crib structure. Staff is recommending Option No. 5 considering overall effectiveness, aesthetics and cost as well as blend in with the retaining structure that currently is utilized along Beach Street. Mr. Howard Gaines felt that it would be best to choose Option No. 1 as he felt there was an alleged conflict of interest when the matter was first passed on May 12 since Mayor Dorn had to vote on this matter. He also cited cases in which a conflict of interest existed (Miller vs. City of Martinez). He felt that the matter should be held in abeyance. Mr. LeSage stated a case whereby public entities are liable if they have caused damage to private property when performing public improvements. He also stated that there are cases regarding the alleged conflict of interest. He maintained that if it is necessary for the Mayor'to form a quorum for the voting to take place, it applies in this case and is appropriate. NOTION: Councilman Anderson moved that Council adopt Option No. 5 in the Beach Street Project with the construction of a crib structure on the west end of the project. It was further moved that funds be transferred from the storm drainage project. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Four NEW BUSINESS C-1 LEASE SITE IMPROVEMENTS - LEASE SITES 91-92, 91W-92W Councilman Anderson excused himself from this portion of the meeting. Improvements to lease sites along the Embarcadero initially require Planning Commission approval for changes in the structure or aesthetics of the area and then secondly Council approval so that the improvements can be evaluated in light of the lease agreement between the city and the lessee. The application in question is submitted by the Galley Restaurant and would allow for the demolition and reconstruction of a small auxilliary building adjacent to the restaurant itself. The Planning Commission approved the request subject to the installation of water saving devices in the facility so that the historic water use level will not be exceeded. Staff is recommending approval of the plants as amended by the Planning Commission. Mr. Howard Gaines was concerned because he felt that the prior maintenance problems on the lease site had not been completed. He also felt that this new storage building would require more water equivalencies and did not feel comfortable with this with the current moratorium in effect. Mr. Crump stated that the project is not a new use. It is merely enlarging the storage/food area. The management also wanted to install a restroom. In order to implement the water savings, the Planning Commission also requested that water savings devices be installed in the restaurant along with the storage area. It is the same operation with a more conveniently operated restroom. MOTION: Mayor Dorn moved for the approval of the lease site improvements as amended by the Planning Commission for the Galley Restaurant. This was.seconded by Councilwoman Deutsch and so carried. C-2 ANNUAL REPORT - WATER EQUIVALENCY PROGRAM FOR 1981 Mr. Crump stated that the Morro Bay Municipal Code requires an annual report of the water equivalencies. It is presented to the Planning Commission in December and must be adopted by the City Council in January. The Planning Commission is recommending the following program: (A) That the redevelopment of properties with a historic water use be permitted by the direct exchange basis; and, perhaps. the construction which does not involve water use be allowed; (B) The water equivalency scale contained in Ordinance 152 be used in 1981; (C) Unused pipel.ine allocations be maintained through 1981. In addition to these recommendations, the Director of Planning and Community Development has also suggested that Council may wish to modify the code governing the water equivalency program. The Council had a general discussion and questions on this topic. ;ir. Jim Ross stated that he does have a water equivalency that he does not intend, to give up. The Planning Commission just reaffirmed my water equivalency and Permit application to be completed when the moratorium is lifted. , MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Five MOTION: Mayor Dorn moved for approval of the water equivalency report as submitted by the Planning and Community Development Director. This was seconded by Councilwoman Ward and so carried. Mayor Pro-Tem Lemons stated that some sort of program or priority list should be established for use when the moratorium is lifted. Councilwoman Ward felt that any unused water equivalencies should be redistributed to single family residents. D-6 REPORT ON CAT TRAPPINGS WITHIN THE CITY OF MORRO BAY. As a result of public input regarding cat trappings with the City, a staff committee was formed to explore this issue and make recommendations to Council. The Committee consisted of Al Olson, Chief of Police, Robert Dollahite, Director of Animal Regulation for SLO County, and Paul Baxter, City Administrator. A summary of the Committee's findings are as follows: (1) That current state and federal law allows private property owners to prevent the trespass of persons and animals on their property and that such owners or tenants have the right to control stray animals on their property by trapping as necessary. No local law can be enacted to override these state or federal laws. (2) That there are state laws which adequately protect animals from cruel and inhumane treatment and also govern and regulate the practice of trapping stray animals (cats). (3) That approximately 5,000 trapped cats are turned over to the County Department of Animal Regulation yearly by residents of the County, and that over 200 Morro Bay residents have availed themselves of traps during the same period. The majority of cats trapped in Morro Bay and turned over to Animal Regulation are defined as "wild." (4) Since trapping of strays is legal, the City of Morro Bay could attempt to police the practice by requesting a higher level of service and would cost approximately $27 per man-hour. (5) The cat owners should attempt to more effectively identify their animals with a break -away identification collar so that in the event their animals were turned into the Department of Animal Regulations, their owner could be notified of the animals whereabouts. There was a general discussion about the possibility of modifying our present ordinance to allow for trapping of cats only with a County issued trap and a higher enforcement within the City. However, Mr. Dollahite discouraged this since the costs would be exorbitant and there are laws on the books now that discourage the abuse of cats. Mr. Dollahite explained the procedure when a cat is turned into the Animal Control Center. He emphasized that it is the owners responsibility to control their cats. One suggestion was to make the cats house cats or at least to make sure that the cat does have identification so it can be returned to the owner. There was a brief recess at 10:10 PM and the meeting was reconvened at 10:15 PM. MOTION: Councilman Anderson moved that no action on this matter be taken since there are presently laws existing to deal with cat trapping, and most of the cat trappings are done by people whose rights have been violated. This was seconded by Councilwoman Deutsch and carried with Mayor Pro-Tem Lemons voting no. MINUTES - MORRO BAY.CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Six The Human Educator for the County, Vickie, stated that she is compiling a book summarizing all of the laws which would be helpful to the cat owners, etc. It will be available in the very near future. D-2 PROPOSED CLOSURE OF SOUTH STREET BETWEEN MONTEREY AND MAIN STREETS. A request has been received from the Monterey South Condominium Association's president, Dale Mitchell, that South Street between Monterey and Main be closed (abandoned). The closure request was apparently based upon an earlier oral agreement between developers and city staff but no formal agreement was ever reached on the matter. The current proposal was reviewed by the Director of Public Services, the Fire Chief and the Police Chief. Although the Police Chief did not have any objection to the closure, the Director of Public Services has determined that the eastern portion of the street is currently used to provide access to parking spaces, a refuse collection point and on -site parking as well as refuse pickup. The Fire Chief has indicated very strongly that access would be required through South Street to provide firefighting capabilities to both the rear of the condominium development as well as the rear of the dentists office. While it appears that closure would not be warranted at this point, the Director of Public Services feels that if the City should elect to develop this street in the future that the condominium developer would not be held to provide curb, gutter and sidewalk on the area adjacent to their property in that such improvements were provided earlier when the development was constructed. Mr. Mitchell stated that he was not in the initial negotiations between the developer and the City staff. However, the General Plan for the City in existence at that time called for the closure of South Street and development of a mini -park. The developer entered into an agreement with the City and carried out his part of the agreement. The fact that there is no written agreement and it was done orally, he felt that it would be enforced by another party. Jim Maul, who was the contractor on this project, went over the background on this case and the actions taken by the City. Mr. McMullen, the developer, also gave a brief background of the transactions and felt that he had lived up to his part of the bargain. Mr. Bressan reiterated that he did not feel it would be in the best interests of the City to abandon the street. The physical dimensions of the park would be 103 x 60 feet and a total maintenance liability to the city, restrict traffic circulation, and off -site parking and refuse collection would have to be addressed. Mayor Pro-Tem Lemons asked staff to look into the possibility of vacating the street rather than closing it. Mayor Dorn suggested that this matter be postponed until a field trip to this site can be done. Mayor Pro-Tem Lemons and Mayor Dorn were appointed to meet with John Bressan to view the property in question. D-1 CI1Y FIADMINISTRATORLES_ REPORT ON A PROPERTY MANAGEMENT FIRM TO REVIEW/UPDATE LEASE At your meeting of December 22, 1980, Acting City Administrator Kent Taylor submitted a comprehensive report to Council identifying a number of -tasks 'which MINUTES - MORRO BAY CITY COUNCIL REGULAR. MEETING - JANUARY 26, 1981 Page Seven in his judgement needed to be accomplished of city leases and also recommended that a on behalf of the City. During the meeting, would be willing to perform these tasks and been allowed the opportunity to do so. At any action on the matter and directed staff would be any other individuals or firms who tasks and report back to Council at a later relative to improving the management firm be hired to perform these tasks a Fir. Crawford indicated that he would have submitted a bid had he that time Council deferred taking to investigate whether or not there might be willing to perform these date. On January 12 a Request for Proposals was sent to five individual and/or firms in the area which staff felt could provide these services, one of which was Mr. Crawford. The deadline to submit proposals was January 21. As of that time, only- two proposals were submitted. One.from Briarwood Management of SLO for a fee of $21,200 and one from California -West Inc., also of SLO, for a fee of $3,500. The main difference between the two bids appears to be that it is Briarwood's intent to employ the services of a certified appraiser while California - West will be working with the County Assessor, which is part of the City's program. It is staff's opinion that the low bidder would satisfy all the requirements in the Request for Proposals. Councilwoman Deutsch felt that after the first phase of the work is done that someone with more of a financial background should be considered. MOTION: Councilwoman Deutsch moved that Council approve the award of bid to California-West,.Inc. in the amount of $3,500 for the Phase I work on the leases. This was seconded by Councilwoman Ward and so carried with Councilman Anderson abstaining. D-3 APPEAL OF PLANNING ISION DENYING THE TENTATIVE TRAI Mr. Loperena has filed a tentative tract map to subdivide 13 lots in an R-A zone of the City. At the Planning Commission hearing on December 15, 1980, the Commission was of the opinion that although the zone change is acceptable for this particular sub -division, it would be more appropriate to review and determine zoning for the entire area rather than this particular cul-de-sac being requested and also once zoning has been determined that the applicant be allowed to resubmit and discuss at that time the design of,the project. Mr. Loperena is appealing the Commission's decision to the Council. Staff would recommend upholding the findings of the Planning Commission and deny the appeal without preducide and approve the resolution which has been submitted on this matter. Mr. Snyder, agent for Mr. Loperena, gave a brief background of this' case for the members of the public and Council present. At the December 15 Planning Commission, meeting, neither he nor Mr. Loperena received notice of the meeting, Fir. Crump advised the members of the Planning Commission that some action had to be taken onthis tract map. If no action was taken, it would automatically be approved. Therefore, they denied the request without prejudice and without a right to refile at a later date. The matter was adjourned to January 19 on whether .or not a change in the entire zoning area from R-A to R-1 would be considered. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Eight Councilman Anderson asked if the proposed zone change to be heard on January 19 had taken place. Mr. Crump stated that this item had been rescheduled for the February 2 meeting and it is still under consideration. Mayor Pro-Tem Lemons asked if the only reason the tract map was not approved was because the applicant was not present to agree to a continuation so the Commission had to take some action. Mr. Crump replied yes. Mr. Crump stated that the matter is on appeal to the Council. Council could agree to continue it at this level and refer it back to the Planning Commission for report and then take the Council action at this level. MOTION: Mayor Pro-Tem Lemons moved that Council refer this matter of a tentative tract map for Jack Loperena be referred back to the Planning Commission at this level for review and return to the Council. This was seconded by Councilwoman Ward and so carried. D-4 PROPOSED ABANDONMENT OF TORO DRIVE. In September of last year, Mr. and Mrs. Larry Kamien requested that a portion of Toro Drive be abandoned and that the roadway be returned to the adjacent property owners. There were a number of delays in getting the project reviewed and the project ultimately became a victim of staff turnover in the Public Services Department. The matter is now brought before the Council for your consideration. As discussed by the Director of Public Services, the abandonment as requested would effectively landlock a parcel of land owned by Mr. M. R. Woolman. The Director at this point would have no objection to the abandonment request if the City could obtain an irrevocable offer to dedicate the street right-of-way fronting State Highway One from the Kamien's adjacent to the property. Since the property owner is not this original applicant (the Point Motel), staff would recommend that Council not further consider the abandonment until at such time the Kamien's reach an agreement with the owners of the Point Motel regarding dedication of street right -a -way. MOTION: Mayor Dorn moved that at such time as the Kamien's obtain the easement right -a -way of the Point Motel, Council would then proceed with the abandonment, and conceptually approve the abandonment at this time. This was seconded by Councilwoman Deutsch and so carried. D-5 PETITION FOR IMPROVEMENT OF ZANZIBAR STREET. A petition was received from residents of a portion of Zanzibar Street requesting that the street be paved as part of the City project. The matter was referred to the Director of Public Services for review and comment. On investigation, we feel that the portion of Zanzibar as well as a large number of streets in the North Morro Bay arelegally defined as private roads and have never been dedicated to the City for public use. If a dedication procedure were to be followed, the residents in this area would have to improve the street to city standards which will also include the installation of curbs and gutters. Considering the remaining streets in the northern Morro Bay area, this solution seems not only impractical but unreasonable. It has been MINUTES - MORRO BAY CIT UNCIL • REGULAR MEETING - JANUARY 26, 1981 Page Nine . past city practice that when residents of streets in the City with a similar legal status wanted their streets to be paved, an agreement was entered into with those property owners to construct the street as a joint venture with the residents paying for all of the materials and the city providing the work crew to complete the project. The Director of Public Services estimates that a chip seal of the street, which would be similar to other paved streets in this area would cost a total of $1500 ($1100 for the residents to pay for the materials and $400 for a city work crew). Since a precedent has been set with earlier projects of this type, staff would recommend that Council approve the estimated expenditure of $400 for this project to be budgeted for in fiscal 1981-82 on the condition that the residents of this street collect and put on deposit with the City the cost for materials for the project estimated at $1100. Since the water lines are scheduled to be replaced in the 1981-82 fiscal year, there will be some additional work. MOTION: Mayor Pro-Tem Lemons moved that a joint venture be approved with the property owners of Zanzibar Street wherein the property owners pay , for all materials ($1100) and the City use their work crew ($400) for the paving of Zanzibar Street. This was seconded by Councilwoman Ward and so carried. Mayor Pro-Tem Lemons mentioned that at some time in the future, that all undedicated str_�etsbe dedicated or the City will not resurface, repair, etc. E. INDIVIDUAL'DETERMINATION AND/OR ACTION. E-1 RESOLUTION OF THE SOUTH CENTRAL COAST COMMISSION SUPPORTING THE CONTINUATION OF THE LOC L COMMISSION AND TERMINATION OF THE STATE COMMISSION AFTER JUNE, i'J61. The South Central Coast Commission has adopted a resolution and has submitted it to various cities within their region for their consideration and/or action. Staff does not have a recommendation on this item. Councilman Anderson felt that the City might be better served by a local agency rather than a State Commission. There was further discussion by the Council. It was a consensus of the Council that no action would be taken on this item. E-2 ADJOURN MEETING TO A DATE SET FOR THE BUDGET WORKSHOP SESSION Council had requested that a workshop session be held at mid -year to review the status of the 1980-81 budget. Mr. Sibbach proposes that such a workshop be held February 2, 1981 at 7:00 PM in the City Hall Conference Room. If this is agreeable to all present, the meeting will need to be adjourned to this date and time. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1981 Page Ten E-3 FUNDING FOR PLANNING COMMISSION MEMBERS ATTENDANCE AT CONFERENCES, SEMINARS AND PLANNING RELATED MEETINGS. The Planninc Comm-issi.onhas expressed interest in attending the League of California Cities Planning Commissioners Institute as well as other planning related -seminars as a means to gain further education regarding planning matters locally as well as statewide. Upon review of the planning and community development budget, no funds were approved for this purpose for fiscal 1980-81. Therefore, the Commission has formally requested that the matter be submitted to the Council for approval of an amount of $1800.for the balance of this fiscal year to be used by Commission:members to attend meetings and seminars. MOTION: Mayor Pro-Tem Lemons moved that Council approve the funds for three Planning Commissioners to attend the League of California Cities Planning Commissioners Institute and any other meeting attendance be referred to the Council at a future meeting. This was seconded by Mayor Dorn and carried unanimously by roll call vote. E-4 RESOLUTION PROPOSING SMALL CITIES BE AFFORDED THE OPPORTUNITY OF The City of Firebaugh, California, has submitted a resolution requesting that cities under 15,000 be afforded the opportunity through committee action in participating in the development of the program for the annual League Conference. Even though staff would sympathize with the City of Firebaugh's position, it is our feeling t:at such a move would fractionalize the League's effort and would eventually diminish the current effectiveness that we have been able to enjoy through the League. MOTION: Mayor Dorn moved that.the Council take no action to support the City of Firebaugh's resolution. This was seconded by Councilman Anderson and so carried. E-6 RETURN OF THE U.S. HOSTAGES FROM IRAN. Thursday has been declared as a National Recognition.Day for the hostages on their return from Iran. Mayor Pro-Tem Lemonslstated that the City could'buy sheets and have them dyed yellow for P.G.&E. to hang around their smoke stacks. He requested that money be appropriated for this purpose,. . MOTION: Councilwoman Deutsch moved that Council appropriate $50"to purchase sheets to be tied to the P.G.&E. smoke stacks in recognition of the hostages being returned from Iran. This was seconded by Councilman Anderson and carried on roll call vote with Councilwoman Ward voting no. E-7 EMT II TRAINING Councilwoman Deutsch requested that a letter be drafted by the City Administrator to the County Board of Supervisors on the City of Morro Bay's request to support the EMT II program in the County and to allocate funds to this program. MINUTES - MORRO BAY CIT•OUNCIL REGULAR MEETING - JAN'UARY 26, 1981 Page Eleven E-8 EXECUTIVE SESSION. The City Attorney requested an executive session on the Tidelands matter. The meeting was adjourned into executive session at 12:05 AM. The meeting was reconvened at 12:35 AM. MOTION: Councilwoman Ward moved that the meeting be adjourned to February 2, 1981 at 7:00 PM in the City Hall Conference Room. This was seconded by Councilman Anderson and so carried. The meeting was adjourned at 12:35 AM. Respectfully submitted, PAAUL�BAXT�EERR,ICITY CLERK by Bonita Murray, puty�ity Clerk CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING , JANUARY 12, 1981 Recreation Hall, 7:30 PM Call to Order Pledge of Allegiance - Horace Strong - American Legion Invocation - Rev. Richard Hudson - Assembly of God A. CONSENT CALENDAR (RECOMMEND APPROVAL) A-1 Claim Against the City of Morro Bay by Wallace Milligan. Deny claim and refer to our insurance carrier. A-2 Appointment of Gere W. Sibbach as City Treasurer. A-3 Agreement Between State of California and City of Morro Bay Covering SB 620 Discretionary Fund.Grant for Bus Maintenance Structure. A-4 Authorization for Request for Bids for a Replacement Pump for Well No. 9. A-5 Request from Brown and Caldwell to Increase Ceiling Price of Special Engineering Services - Assistance to City for Value Engineering. B. UNFINISHED'BUSINESS B-1 Ordinance Amending Section 7.28 of the Morro Bay Municipal Code. Second Reading. C. NEW BUSINESS C-1 Resolution Returning Responsibility to the Division of Housing for the Enforcement of the Mobile Home Park Act and Related Administrative Regulations. C-2 Resolution Amending the Adopted Rules, Regulations, and Fees for Mooring of Vessels at Piers, Docks, and Off -Shore Moorings Within the Corporate Limits of the City of Morro Bay. D. PUBLIC HEARINGS, REPORTS AND APPEARANCES D-1 Case No. ZOA 01-80, Planning Commission Initiated, Amendment to the Zoning Ordinance (Municipal Code, Chapter 17.40) - Special Treatment Combining Districts. D-2 Request for Annexation of the Cabrillo Enterprises Property, the Nagano Property and the old Domenghini Ranch. D-3 Appointments to Water Advisory Committee. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 City Council E-2 City Attorney E-3 City Administrator 6 i CITY OF MORRO BAY REGULAR MEETING - JANUARY 12, 1981 RECREATION HALL, 7:30 PM The meeting was called to order at 7:35 PM by Mayor Warren M. Dorn. Horace Strong of the American Legion led the pledge of allegiance and Reverand Richard Hudson of Assembly of God gave the invocation. ROLL CALL PRESENT: Rodger Anderson, Councilman Dorotha Deutsch, Councilwoman Warren M. Dorn, Mayor John Lemons, Mayor Pro-Tem Herminia Ward, Councilwoman STAFF: Paul Baxter, City Administrator Michael LeSage, City Attorney John Bressan, Director of Public Services Murrel Crump, Community Development Director Ann McKibbin, Administrative Assistant Al Olson, Police Chief Mary Sanders, Recreation Director Gere Sibbach, Finance Director Bernie Zerr, Fire Chief Bonita Murray, Deputy City Clerk Mayor Dorn called a brief recess in order to have agendas available for everyone present. The meeting was recessed at 7:35 PM and reconvened at 7:45 PM. A. CONSENT CALENDAR A-1 Claim Against the City of Morro Bay by Wallace Milligan. Deny Claim.and refer to our insurance carrier.' r A-2 Appointment of Gere W. Sibbach.as City.Treasurer. A-3 Agreement Between State of California and City of Morro Bay Covering SB 620 Discretionary Fund Grant for Bus Maintenance Structure. A-4 Authorization for Request for Bids ;for a Replacement Pump for Well No. 9. A-5 Request from Brown and Caldwell to'Increase Ceiling Price of Special Engineering Services - Assistance to City for Value Engineering. Paul Baxter read the consent calendar to the Council and the members of the public present. Item A-4 was pulled from the consent calendar and placed under New Business. John Bressan will give a report on this item at that time. Mr. Baxter introduced Gere Sibbach, our new Finance Director, and the Council welcomed him to the City. MOTION: Mayor Pro-Tem Lemons moved for the adoption of the Consent Calendar. This was seconded by Councilman Anderson and so carried. Councilwoman Ward stated that Brown and Caldwell is continually bringing further request for funds to the Council. She felt that any further projects with this company should have itemized tasks, etc. to prevent them from overextending on the grants. Mr. Baxter stated that her feelings would be forwarded to the Company. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1981 Page Two B. UNFINISHED BUSINESS B-1 ORDINANCE AMENDING SECTION 7. rn,a; n_ i OF THE MORRO BAY MI Mr. Baxter stated that this ordinance would prohibit persons from shooting, throwing stones, wounding, injuring or otherwise maliciously hurting any species of wild birds within the City limits providing, however, that the City will have the ability to address any nuisance type birds should that situation arise. He recommended that this ordinance be passed on second reading. MOTION: Councilman Anderson moved that this ordinance be read by title only. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. Mr. Baxter read this ordinance by title - "Ordinance Amending Section 7.28 of the Morro Bay Municipal Code." MOTION: Councilman Anderson moved that this ordinance be adopted and that this constitutes the second reading. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. C. NEW BUSINESS C-1 RESOLUTION RETURNING RESPONSIBILITY TO THE DIVISION OF HOUSING FOR THE Mr. Baxter stated that it is currently the City staff's responsibility to enforce the State of California Health and Safety Code Division administrative regulations relative to mobile home parks within the City limits. The City has the discretion to turn this responsibility back over to the State should they so desire. It is staff's recommendation that this responsibility be turned back to the State effective February 13, 1981. Mayor Pro-Tem Lemons asked if the State charged the City for this service and if the City would still retain control over location of trailer parks, etc? Mr. Crump stated that the State would collect an inspection fee from the mobile home owners and not from the City. The zoning laws of this City would still be in effect for any trailer parks; etc. Councilwoman Deutsch asked if the fees collected cover the City staff costs for completion of the inspections. Mr. Crump stated that fees collected are only $2.00 per inspection and this does not meet the costs of the time, training, and recordkeeping. MOTION: Mayor Pro-Tem Lemons moved for the adoption of this resolution which would return the responsibility to the Division of Housing for the enforcement of the Mobile Home Park Act and related administrative regulations. This was seconded by Councilwoman Ward and so carried. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1981 Page Three C-2 RESOLUTION AMENDING THE ADOPTED RULES, REGULATIONS. AND FEES Mr. Baxter stated that the Director of Public Services and the Harbor Advisory Committee have reviewed the rules, regulations and fees regarding piers and off -shore moorings controlled by the City. This resolution establishes a sub -leasing policy for city slips and establishes one fee for all off -shore moorings at a flat rate of $25 per month, which will go into effect at the time of renewal and shall be adjusted annually each year in accordance with the changes in the Consumer Price Indexes for Los Angeles, Long Beach. Staff would recommend approval of this resolution. John Bressan stated that the Harbor Advisory Board had a few minor changes in this resolution and presented them to the Council. Mayor Pro-Tem Lemons asked if final approval shouldn't be from the Director of Public Services rather than the Council. Mr. Bressan stated that given the number of slips available and the use/misuse of them, it would be safer to have a Council decision rather than a staff decision on these items. Mayor Dorn stated that he appreciated all of the work that the Harbor Advisory Board has done on this resolution. MOTION: Mayor Pro-Tem Lemons moved that this resolution amending the adopted rules, regulations and fees for moorings of vessels at piers, docks and off -shore moorings within the corporate limits of the City of Morro Bay be adopted as amended. This was seconded by Councilwoman Deutsch and carried unanimously by roll call vote. D. PUBLIC HEARINGS, REPORTS AND APPEARANCES D-1 CASE NO. ZOA 01-80, PLANNING ATED THE ZONI Mr. Baxter stated that the Planning Commission is requesting that Council amend the Morro Bay Zoning Ordinance, which provides a mechanism to allow for the orderly and uniform use and development of property known as Special Treatment Combining Districts. The recommended amendment would delete the requirement for specified generalized standards and replace it with the requirement for a complete plan submittal and would be consistent with the actual practice. Mr. Crump stated that the practice in recent years has been to review each proposed development or remodel on its own merits without a set of standards, criteria or uniformity. Councilwoman Ward felt the staff report was not clear and was not sure of the impact of what was being requested She expressed a preference to hold this for further study. MINUTES = MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1981 Page Four Mayor Pro-Tem Lemons felt that this ordinance should be adopted but that it isn't the answer. As soon as the LCP is done, Mr. Lemons would like to see the staff investigate the possibility of revising our zoning ordinance to eliminate as much of these special considerations as possible. MOTION: Councilwoman Ward moved that this matter be postponed until Council has an opportunity to further consider the implications of this ordinance. This was seconded by Councilwoman Deutsch. On a roll call vote, the following were the results: Anderson - yes; Deutsch - yes; Dorn - no; Lemons - no; Ward - yes. The motion was passed. D-2 REQUEST FOR ANNEXATION OF THE CABRILLO ENTERPRISES PROPERTY, THE NAGANO PROPERTY N HE OLD DOMENGHINI RANCH. Mr. Baxter stated that Ray Gallo is submitting a proposal to the City for annexation of 500 acres. At this time, staff has no formal recommendation to make on this item before the Council. Following Mr. Gallo's presentation, staff would recommend that you refer it back to them for additional input. Mr. Gallo stated that he didn't have much more to add that'isn't already stated in his letter to Council. The area in question is in the perphery of Morro Bay. There are substantial planning concerns for Morro Bay and water that may be available to Morro Bay in this area and felt that it should be annexed to the City. From the property owners standpoint, it would be very advantageous to deal with the City on a one-to-one basis. They are proposing to request that the City give them its position on this matter. If the Council doesn't like the idea, before proceeding with LAFCO, they felt the City Council should take a position on this. Councilwoman Deutsch asked if we have addressed the fact that we have an amend- ment that requires a vote of the public for any parcel for annexation. She also asked if this has been ruled by the courts yet. Mr. Gallo stated.that he wasn't really sure of the status of this case in the courts. Mr. LeSage stated that he wasn't sure if an appeal had been filed yet but that LAFCO has the final say in this matter. A charter city has more power than a general law city. A charter city has a wider range of power. The City has little to say, LAFCO has the final say in our case. Mayor Dorn stated that his main concern would be to secure the water rights. Councilwoman Deutsch asked if the City would have more control over what happens to that property if the City becomes a party to the request to the annexation or is it still going to be directed to us. Mr. LeSage stated that LAFCO has the authority to allow annexations but they wouldn't generally do that if the City is opposing it. He also didn't feel that the City could petition as a co -applicant with this request. • 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1981 Page Five Councilwoman Ward asked if this area was incorporated into the City, would we have more authority as to what becomes of that property or if it remains with the Council? What recourse do we have to either approve or disapprove? Mr. LeSage stated that LAFCO would be influenced by what the Council says. The City would also have more say because it -would be subject'to the city's zoning and liabilities, whtever--they would be. Mayor Dorn asked about the impact of the annexation on the land use in the City? Mr. Gallo stated that the Cabrillo property can be of substantial advantage to the developer and the city. You could have control over.this for the planning, etc. Mr. LeSage felt that the effect on the water supply would depend on the agreements of the annexation. Mr. Gallo stated that the water would be one of the primary concerns. LAFCO would not approve it unless they felt sufficient water is available. There was a general discussion on the use of the water if this property was annexed to the City. There was a question if priority of water could be given to people who already own lots in the City. Mr. LeSage stated that prior to any annexation, the City should develop an agreement with the owners. Councilman Anderson asked what the financial impact would be, what the cost would be to the City, if any, and would the taxes generate anything further to the City? Mr. Baxter stated that if the Council wished this further information, that he would recommend that this matter be referred back to staff for a complete study of this issue. The City is dealing with Cayucos Sanitary District as to the Wastewater Plant's ability to handle future effluent. Staff would be able to give Council additional information at the first meeting in February. Mayor Dorn mentioned an annexation fee that was instituted in Los Angeles County whereby people can be compensated to giving services to someone else. If the owners of the property wish to become part of the City, they should buy their way into the City. MOTION: Councilwoman Deutsch moved that we accept staff's recommendation that we obtain more facts on this issue prior to any consideration being given to the Council's supporting it prior to the vote of the people. This was seconded by Mayor Pro-Tem Lemons and carried unanimously by roll call vote. D-3 APPOINTMENTS TO WATER ADVISORY COMMITTEE. Mr. Baxter stated that the formation of a water advisory committee by the City is one of the stipulations required by our agreement with the Department of Water Resources to conduct our water management investigation. Mr. Baxter asked for Council to consider nominations and/or appointments at this time. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1981 Page Six MOTION: Councilwoman Deutsch moved that the following be appointed as the City's Water Advisory Committee: Clint Milne, Steve MacElvaine, Lee Schultz, Ray Foster, Grace Melton, Lois Rowland, Bob Lane, Jack Surfluh, Pat Nagano, R. B. Kitzman, Louis Domenghini. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. There was a brief recess called at 9:35 PM. The meeting was reconvened at 9:45 PM. Mayor Dorn suggested that John Bressan write Congressman Panetta and thank him personally for interceding on our behalf for the harbor revetment monies. Mr. Bressan stated that he would follow up on this matter. E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 BUDGET REVIEW Mayor Pro-Tem Lemons asked when a budget review for this fiscal year was going to be held. Mr. Baxter stated that a meeting date will be proposed at the next regularly scheduled meeting. E-2 SIX NEW SLIPS Mayor Dorn asked what the status was on the six slips and the money appropriated for this. Mr Bressan stated that he had scheduled a meeting with the Coastal Conservancy and the Coastal Commission. One of the topics will be the compatibility of the slips in the Tidelands area. The Coastal Commission has already received the answers on technical questions and the impact on this park. We should have some better direction after the meeting. E-3 DEL MAR PARK BIDS Mr. Bressan stated that his department is in the final stages of revising the bid specifications which will be brought back to the Council when completed. E-4 T-PIER Mr. Bressan mentioned that the City has just received our amendment contract extending the design date two months. We are going to be seeking approval from the council to advertise for a temporary position of design engineer to assist City staff with the design work for the T-Pier. E-5 YOUTH COUNSELING Councilwoman Ward mentioned that the Parks and Recreation Commission and the Police Department, Joe Reagan, have met to start coordinating the youth counseling program. Mary Sanders is asking for volunteers from the high schools to participate and coordinate this. MINUTES - MORRO REGULAR MEETING Page Seven BAY CITK COUNCIL - JANUARY 12, 1981 E-6 LEASE MANAGEMENT Councilwoman Deutsch asked about the status of the property management proposals. Mr. Baxter stated that a Request for Proposals had been sent to five different firms. The deadline was January 21, 1981 and a report will be brought back for Council's approval at their next meeting. E-7 T-PIER AGREEMENTS Mr. LeSage stated that the T-Pier agreements have finally been agreed upon by all parties concerned. He went over the changes in the Great American Fish Company contract with the Council. There were no objections to the changes by the Council. MOTION: Mayor Pro-Tem Lemons moved that the Mayor and City Clerk be authorized to sign the Brebes Morro Bay Fisheries and the Great American Fish Company agreement. This was seconded by Councilwoman Deutsch and so carried. E-8 JOINT MEETING WITH SAN LUIS UNIFIED SCHOOL DISTRICT Mr. Baxter stated that it was the desire of the San Luis Unified School District to meet with the Council regarding proposed commercial use of some of the classrooms. They would like to meet with the Council on January 21, either in the morning or in the evening. It was the consensus of the Council that this meeting be scheduled for January 21 at 7:00 PM in the City Hall Conference Room. A-4 AUTHORIZATION FOR REQUEST FOR BIDS FOR A REPLACEMENT PUMP FOR WELL Ni I Mr. Baxter stated that the pumps on both of these wells are no longer functional. He stated that the Public Services Director has recommended line -shaft pumps rather than the submersible pump bep,urchased in that they can draw down a basin during drought years approximately 10 feet further than we would be able to do with a submersible pump. MOTION: Councilwoman Deutsch moved that staff go out to bid for new water pumps for Wells No. 9 and 12. This was seconded by Councilwoman Ward and carried unanimously by roll call vote. The meeting was recessed into executive session at 10:15 PM. The meeting was reconvened at 10:35 PM. MOTION: Councilman Anderson moved that the meeting be adjourned to January 21 at 7:00 PM in.the City Hall Conference Room. This was seconded by Councilwoman Deutsch and so.carried. The meeting was adjourned at 10:35 PM. Respectfully submitted, PAUL BAXTER, CITY CLERK byby Boni�ay, uty Ci Clerk