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HomeMy WebLinkAboutResolution 80-66 to 145-66SOLUTIONS 1 thru - 1966 I RES. NO. TITLE DATE 1. SANITARY SEWER TRUNK LINE - Contract, Constr. of 2. GENERAL MUNICIPAL ELECTION.- Apr 12, 1966, Req. Suprvs permit County Clk to render Ser 3. LIQUID CHLORINE - Contract for Purchase 4. GREEN WEST ACRES CORP, Rental Obligations S. VARIANCE - Darwin Tartaglia (Setting Date for Hearing Appeal of Denial) 6. 7. 8. 9. 10. II. 12. 13. 14. 15. Bd of LEASE SITE 200 F, 201 - and Rescinding Res. 134-65 STREET NAME g NUMBER PLAN, Proposing Changes & referring to Planning Commission AMENDING RESOLUTION NO. 147-65. (Abandoning Norwich Ave & Spencer Dr - setting hearing) NORWICH AVE. $ SPENCER DR. - Abandoning portions of ARMED FORCES IN VIET NAM, Express Support of members GENERAL MUNICIPAL ELECTION, Apr 12, 1966, Calling $ Giving Notice of SELECT SYSTEM PROJECT NO. 5 - Award Contract for Street Maint. AGREEMENT - PLANNING SERVICES (County $ City, Ned Rogoway Planning Director) CITY COUNCIL MEETING - Cancelling Feb 22, 1966 meeting Jan 11, 1966 Jan 11, 1966 Jan 11, 1966 Jan 11, 1966 Jan 11, 1966 Jan 11, 1966 Jan 25, 1966 Jan 25, 1966 Jan 25, 1966 Jan 25, 1966 Jan 25, 1966 Jan 25, 1966 Feb 8, 1966 Feb 8, 1966 ATASCADERO BEACH STATE PARK - points of ingress & egress Feb 18, 1966 (rescinded by Minute Order, April 19, 1966) 16. AGREEMENT - SEWER HOOKUP M.B. State Park Atas. Beach Unit Sewer Hookup $ Service Agreement (Rescinded by Minute Order, April 19, 1966) Feb 18, 1966 0- RES. NO. TITLE DATE 17. ADOPTING SYSTEM OF STREET NAMES $ NUMBERS March 8, 1966 Street Name $ Number Program 18. APPROVING CHANGE ORDER NO. 3, ADMINISTRATION March 8, 1966 BUILDING ADDITION ACCEPTING WORK & GIVING NOTICE OF COMPLETION March 8, 1966 .19. OF CONSTRUCTION OF ADMINISTRATION BUILDING ADDITIONS $ APPURTENANT FACILITIES 20. ACCEPTING DEEDS FOR THE Sth STREET PARK $ MONTE March 8, 1966 YOUNG PARK FROM THE COUNTY OF SAN LUIS OBISPO 21. APPROVING ROADWAY MAINTENANCE AGREEMENT BETWEEN March 8, 1966 THE COUNTY OF SAN LUIS OBISPO $ THE CITY OF MORRO BAY & RESCINDING RESOLUTION NO. 137-65 22. EXPRESSING APPRECIATION TO THE MORRO BAY FUTURE March 8, 1966 FARMERS OF AMERICA OF THE MORRO BAY HIGH SCHOOL 23. APPROVING LOW BID FOR FIRE APPARATUS March 8, 1966 24. APPROVING PLANS $ AUTHORIZING ADVERTISEMENT FOR March 8, 1966 BIDS FOR THE INSTALLATION OF FENDER PILES ON MORRO BAY CITY PIER 25. APPROVING PLANS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS March 8, 1966 ON Sth STREET FROM 6TH STREET TO HIGHWAY 1 (SELECT SYSTEM PROJECT NO. 24) 26. APPROVING GRANT OF USE PERMIT TO THE KIWANIS CLUB March 8, 1966 OF MORRO BAY-ESTERO BAY TO CONDUCT EASTER SUNRISE SERVICES 27. AGREEMENT FOR PLANNING SERVICES $ RESCINDING March 22, 1966 RESOLUTION NO. 13-66 28. AWARDING CONTRACT FOR STREET CONSTRUCTION March 22, 1966 SELECT SYSTEM PROJECT NO. 22 29. ORDERING THE CANVASS OF THE GENERAL MUNICIPAL March 22, 1966 ELECTION HELD APRIL 12, 1966. 30. CITY COUNCIL MEETINGS - Changing Dates of April March 22, 1966 31 OPPOSING PROPOSED CONSTITUTIONAL INITIATIVE TO March 22, 1966 LEGALIZE MANUFACTURE, SALE, PURCHASE, POSSESSION $ TRANSPORTATION OF MARIJUANA 32. ADOPTING $ SUBMITTING A BUDGET FOR EXPENDITURE OF March 22, 1966 FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND (Z107FOu;.) 33. ACCEPTING WORK & GIVING NOTICE OF COMPLETION April 5, 1966 FOR STREET MAINTENANCE WORK (S.S. PROJECT NO. 5) RES. NO. TITLE DATE 34. COOPERATIVE AGREEMENT FOR EXPENDITURE ON STATE April S, 1966 HIGHWAYS OF FUNDS APPORTIONED UNDER STREETS $ HIGHWAYS CODE SECTION 186.1 35. APPROVING PLANS $ AUTHORIZING ADVERTISEMENT April 5, 1966 FOR BIDS FOR THE CONSTRUCTION OF ROAD IMPROVE- MENTS (S. S. PROJECT NO. 26) 36. SUPPORT OF THE STATE HIGHWAY BEAUTIFICATION BILL, A.B. 47 April 5, 1966 37. Results of the General Municipal Election held April 12, 1966 April 19, 1966 38. APPROVING CONTRACT FOR WATER SERVICE TO U.S. COAST GUARD April 19, 1966 39. ABANDONMENT OF CERTAIN PUBLIC EASEMENTS & DATE FOR HEARING (Easements Vocation Law) April 19, 1966 40. ABANDONMENT OF CERTAIN PUBLIC EASEMENTS $ DATE FOR HEARING (Street Vacation Act of 1941) April 19, 1966 41. INTENTION TO EXTEND INTERIM (SIGN ORDINANCE FOR TWELVE MONTHS $ SETTING OF DATE OF HEARING April 19, 1966 42. RESOLUTION AMENDING RESOLUTION NO. 39-66 AND RESOLUTION NO. 40-66. May 10, 1966 43. RESOLUTION AWARDING CONTRACT FOR STREET CON- STRUCTION, SELECT SYSTEM"PROJECT NO. 24 May 10, 1966 44. RESOLUTION $ ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEARING $ May 10, 1966 CALLING FOR BIDS, IMPROVEMENT DIST. NO. 2, CITY OF MORRO BAY, S.L.O. COUNTY, CALIF. 45. RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES May 10, 1966 46. RESOLUTION ADOPTING $ CHANGING STREET NAMES May 10, 1966 47. APPROVING PLANS $ SPECIFICATIONS $ AUTHORIZING ADVERTISEMENT FOR BIDS FOR FURNISHING & IN- May 10, 1966 STALLING SEWAGE METERS. 48. APPROVING CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY OF MORRO BAY May 10, 1966 49. APPROVING UNDERSTANDING BETWEEN THE CITY OF M.B. & EGCA May 10, 1966 50. ADOPTING A BUDGET CALENDAR, 1966-67 FISCAL YEAR May 10, 1966 RES. NO. TITLE DATE 51 Resolution $ Order vacating public easements in Block 32 May 24, 1966 52 Resolution approving agreement relating to a cess to Atascadero State Beach May 24, 1966 !�, b• tabu e J 0.ra, a 710--61_ 53 Resolution approving sewer hook up & service aement for Atascadero State Beach May 24, 1966 WCivded b-iP •G+4 Dy 'Reb. N.. 7`l-1.0 54. Resolution awarding contract for street construction, SS Project No. 26 May 24, 1966 5S. Resolution awarding contract for street mainentance, SS Project No. 23 May 24, 1966 56. Resolution accepting work g giving notice of completion for construction of sanitary sewer trunk line May 24, 1966 S7. Resolution adopting rules & regulations governing the issuance of conditional use permits for signs May 24, 1966 58. Resolution granting permission to Morro Bay Lions Club to use City property May 24, 1966 59. Res. approving agreement for the collection & payment of Improvement District Bonds & appointing Deputy City Treasurer May 24, 1966 60. Res. adopting a salary schedule $ position classification $ repealing previous salary resolutions (Amended by Res. 68-66) May 31, 1966 61. Res. of intention to adopt a Subdivision Ordinance & setting date for hearing June 14, 1966 62. Res. of intention to abandon a portion of Beach St. (formerly 8th St) $ setting date for hearing June 14, 1966 63. Res. approving agreement by $ between the City of M.B. F, the Co. of S.L.O. relating to the construc- June 14, 1966 tion of a floating dock in M.B. 64. Res. accepting work & giving notice of completion for street construction work, SS Project No. 22 June 14, 1966 65. Res. adopting $ submitting a budget for expendi- ture of funds allocated from the State Highway June 14, 1966 Fund to Cities (2107) 66. Res. adopting $ submitting a budgt for expenditure of State allocated funds (2107.5) June 14, 1966 67. Res. approving agreement by $ between City of M.B. $ San Luis Coastal Unified School District June 14, 1966 RES. NO. TITLE DATE 68. RES. AMENDING RES. NO. 60-66 June 17, 1966 69. RES. AMENDING RES. OF INTENTION NO.166-65 IN THE MATTER OF WORK TO BE DONE IN IMPROVE. June 28, 1966 DIST. NO. 2 70. RES. DIRECTING ENGINEER OF WORK TO FILE AN AMENDED ENGINEER"S REPORT, IMPROVE. DIST. June 28, 1966 NO. 2 71. RESOLUTION OVERRULING PROTESTS June 28, 1966 72. RES. & ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVE. & THE ACQUISITION OF RIGHTS OF WAY & EASEMENTS June 28, 1966 $ CAPACITY IN EXISTING SANITARY SEWER SYSTEM & CONFIRMING ASSESSMENT, IMPROVE. DIST. NO. 2 73. RES. OF AWARD OF CONTRACT June 28, 1966 74. RES. APPROVING SEWER HOOK UP $ SERVICE AGREEMENT FOR ATASCADERO STATE BEACH June 28, 1966 75. RES. APPROVING AGREE. RELATING TO ACCESS TO ATASCADERO STATE BEACH June 28, 1966 76. RES. AWARDING CONTRACT FOR FURNISHING & INSTALLING SEWAGE METERS June 28, 1966 77. RES. APPROVING REVOCABLE ENCROACHMENT PER- MIT FOR THE INSTALLATION OF A PUBLIC TELE- PHONE ON CITY PROPERTY June 28, 1966 78. RES. GRANTING VARIANCE TO EDWARD SPIVA June 28, 1966 79. RES. APPROVING AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES & RESCINDING RES. NO. 46-65 June 28, 1966 80. RES. APPROVING CHANGE ORDER NO. 1, S.S. July 12, 1966 PROJECT No. 26 81. RES. DECLARING ABANDONMENT OF A PORTION OF BEACH STREET (Formerly 8th St.) July 26, 1966 82. RES. FURTHER AMENDING RES. OF INTENTION, NO. 166-65, AS AMENDED, IMPROVEMENT DIST. No. 2 July 26, 1966 83. RES. APPROVING ASSIGNMENT OF LEASEHOLD INT. UPON CONDITIONS, (Evenson Lease) July 26, 1966 84. RES. AUTHORIZING STUDY OF M.B. YACHT CLUB LOCATION & NEEDS July 26, 1966 RES. NO. TITLE DATE 85 RES. AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF M.B. & W.M. LYLES CO., IMPROVEMENT August 9, 1966 DISTRICT NO. 2 86 RES. APPOINTING CITY TREASURER August 9, 1966 87 RES. ACCEPTING WORK F, GIVING NOTICE OF COMPLETION, S.S. PROJECT NO. 24 August 9, 1966 88 RES. RE: RECOMMENDED CHANGE OF ZONING & SETTING DATE FOR HEARING (Blocks A,B,C,D,E,$ F, Cerrito Addition) 89 RES. APPROVING AGREE. WITH M.B. CHAMBER OF COMMERCE, FISCAL YEAR 1966/67 90 91 92 93 94 95 96 97 98 99 100 101 RES. GRANTING USE PERMIT TO CONDUCT A STREET PARADE & AUTHORIZING TRAFFIC RESTRICTIONS ON PARADE ROUTE RES. CONFIRMING LIST OF UNPAID ASSESSMENTS $ REQ. AUDITOR OF S.L.O. CO. TO MAKE EXTENSION OF INSTALLMENTS ON TAX ROLLS, IMPROVE. DIST. N 2 RES. FIXING DATE OF BONDS $ DIR. PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, IMPROVE. DIST NO. 2 August 9, 1966 August 9, 1966 August 9, 1966 August 23, 1966 August 23, 1966 RES. ESTAB. MATURITY SCHED. FOR BONDS TO BE ISSUED IN IMPROVE. DIST. NO. 2 August 23, 1966 RES. TO CONGRESSMAN TALCOTT RE: PRESERVATION OF MORRO ROCK RES. TO SENATOR KUCHEL RE: PRESERVATION OF MORRO ROCK RES. TO SENATOR MURPHY RE: PRESERVATION OF MORRO ROCK RES. EXPRESSING APPREC. TO SENATOR STURGEON RES. SETTING TAX RATE FOR 1966/67 FISCAL -YEAR FOR GENERAL FUND PURPOSES RES. SETTING TAX RATE FOR 1966/67 FISCAL YEAR FOR SEWER BOND REDEMPTION RES. GRANTING PERMISSION TO M.B. HIGH SCHOOL P.T.A. TO USE CITY PROPERTY RES. APPROVING CO-OP AGREEMENT FOR HIGHWAY LIGHTING AT NO. MORRO BAY UNDERCROSSING August 23, 1966 August 23, 1966 August 23, 1966 August 23, 1966 August 23, 1966 August 23, 1966 August 23, 1966 August 23, 1966 RES. NO. TITLE DATE 102 Res. re: Appraiser for Morro Bay Harbor Sept. 13, 1966 103 Res. fixing date of Bonds & directing publication of Official Notice inviting bids for purchase of Sept. 13, 1966 Bonds, Improve. District No. 2 104 Res. approving Lease & Option Agreement for Fire Apparatus Sept. 13, 1966 105 Res. recommending denial of request for change of zoning $ setting date of hearing (Block 1, Sept. 27, 1966 Morro Rock Park Tract) 106 Res. granting variance to Bernard A. Munn, Lot 14, Block 7, Morro Bay Vista Tract No. 3 Sept. 27, 166 107 Res. approving final map of Tract No. 353 (William Bros. Shopping Center) Sept. 27, 166 108 Res. Author sale of bonds, Improve. Dist No. 2 Sept. 27, 166 109 Res. accepting work $ giving Notice of Completion for Strett Construction work, S.S. Proj. No. 26 Sept. 27, 166 110 Res. expressing appreciation to E1 Camino Dahlia Society Oct. 11, 166 ill Res. granting Use Permit to conduct street parade - Morro Bay Lions Club (Halloween) Oct. 11, '66 112 Res. approving installation of air conditioning equip. on Lease Sites 91, 92, 91W and 92W, and authorizing signing of waiver and consent Oct. 11, '66 113. Res. granting Use Permit to M. B. Yacht Club to conduct activities relating to Pacific Power Boat Race Oct. 11, 166 114 Res approving agreement for appraisal - D. Ingram Oct. 11, 166 115 Res. granting Use Permit to conduct street parade, Morro Bay High School (Homecoming) Oct. 11, 166 116 Res. Granting Use Permit to Morro Bay Cub Scouts (Soap Box Derby) Oct. 11, '66 117. Res. with Respect to Paragraph 2 of Stipulation and Agreement Oct. 25, 166 118. Res. Re: City -County Litigation Oct. 25, 166 119. Res. Denying Request for Change of Zoning in Blk. 1, Morro Rock Park Tract, Morro Bay Oct. 25, 166 120. Res. Rejecting Offer of Compromise (litigation) Oct. 25, '66 RES. NO. TITLE (DATE 121. Res. Extending Period of Use Permit to Morro Bay Cub Scouts Oct. 25, 166 122. Res. Accepting Work and Giving Notice of Comple- tion for Select System Project No. 23, South Bay Blvd. Oct. 25, 166 123. Res. Approving Grant of Use Permit to Regal Sea- food Company Oct. 25, '66 124. Res. Approving Proposal to Perform Engineering Services - Wastewater Treatment Plant Oct. 25, 166 125. Res. Approving Alignment of Access Road to Atascadero State Beach Oct. 2S, 166 126. Res. Approving Contract for Retirement System Actuarial Valuation Oct. 25, 166 127. Res. Cancelling Regular City Council Meeting Oct. 2S, 166 128. Res. Awarding Contract For Street Maintenance, Select System Project No. 27 Nov. 11, 166 129. Res. Directing A Firm Offer of Settlement To The Co. of San Luis Obispo Re: Morro Bay Harbor Litigation (Rescinded by Res. No. 135-66) Nov. 11, 166 130. Res. authorizing execution of quitclaim deed to a portion of Beach St.(formerly Eighth St.) - Lyles Property Nov. 22, 166 131. Res. establishing policy for $ procedure to obtain approval of subleases & assignments of leases Nov. 22, 166 132. Res. authorizing the Mayor to execute leases with U. S. Coast Guard Nov. 22, 166 133. Res. regarding recommended change of zoning & setting date;for hearing (Blks 12J, 13J, 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Nov. 22, 166 Subdivision) 134. Res. in support of the construction of a nuclear powered elect. generating plant at Diablo Canyon in S.L.O. County by the P. G. 6, E. Company Nov. 22, 166 135. Res. Rescinding Res. No. 129-66 and Directing A Firm Offer of Settlement to the County of San Luis Obispo Re: the Morro Bay Harbor Litigation Dec. 5, '66 (Rescinded by Res. No. 136-66) 136. Res. Rescinding Res. No. 135-66 and Directing A Firm Offer of Settlement to the County of San Luis Obispo Re: the Morro Bay Harbor Litigation Dec. 5, '66 137. Res. accepting work & giving notice of completion of improvements in Improve. Dist. No. 2 Dec. 13, 1966 i RES. NO. TITLE DATE 138. Res. Accepting Work and Giving Notice of Completion for Furnishing and Installing Sewage Meters at Morro Bay and Cayucos Dec. 13,'66 139. Res. Approving Agreement for Annual Audit for the Fiscal Year Ending June 30, 1967 Dec. 13,166 140. Res Approving Amendment of Use Permit Agreement to Regal Seafood Company for the Installation of Dock Improvements Dec. 13,'66 141. Res. Denying Green West Acres Inc. Request for Further Cancellation of Rent Dec. 27,'66 142. Res. Approving Grant of Use Permit to L. Virgil Moores Dec. 27,'66 143. Res. Accepting Deed From San Luis Coastal Unified School District of Property to be used for Street Purposes Dec. 27,'66 144. Res. of the City Council of the City of Morro Bay Approving Agreement for Maintenance of State Highway in the City of Morro Bay Dec. 27,'66 145. Res. Approving Low Bid for the Purchase of Liquid Chlorine Dec. 27,'66 PRESENT: ABSENT: RESOLUTION NO. 145-66 RESOLUTION APPROVING LOW BID FOR THE PURCHASE OF LIQUID CHLORINE THE CITY COUNCIL City of Morro Bay, California Councilmen Bickford, Keiser, Mallery & Mayor Surfluh Councilman Bowen WHEREAS, Tops Chemical Company has submitted the low bid for supplying liquid chlorine for calendar year 1967, in conform- ance with the bid requirements dated November 21, 1966, Bid No. 23-66; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby accept the low bid for supplying liquid chlorine as submitted by Tops Chemical Company, 860 S. Garrard Boulevard, P. 0. Box 1286, Richmond, California. On motion made by Councilman Keiser and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ADOPTED: December 27, 1966 ATTEST: C. TED WHITE, City Clerk OlLaita" S. SURFLV Mayor -CERTIFICATION.OF CITY CLERK 1, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a trueand .correct copy of Resolution No. 145-66 passed by the City Council of the City of Morro Bay at a'r.egular meeting thereof held on the 271-h day of npnenibe DATED: City of Morro Bay, California (SEAL) I RESOLUTION NO. 144-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California, through its Department of Public Works, Division of Highways, has presented an Agreement for Maintenance of the State highway in the City of Morro Bay effective as of January 1, 1967 and to remain in effect until amended or terminated. WHEREAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of Morro Bay that said Agreement for Maintenance of the State highway in the City is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. On motion made by Councilman Bickford and seconded by Councilman Keiser the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: Councilman Bowen ADOPTED: December 27, 1966 S. SURFLU , Mayor ATTEST: 01� �1 C. TED WHITE, City Clerk 0 is CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the fore- going is a true and correct copy of Resolution No. 144-66 passed by the City Council of the CityT of Morro Bay at a regular meeting thereof held on the 27th day of December , 19 66 Dated: C. TED WHITE, City Clerk (SEAL) 0 RESOLUTION NO. 143-66 RESOLUTION ACCEPTING DEED FROM SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT OF PROPERTY TO BE USED FOR STREET PURPOSES THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen WHEREAS, the City of Morro Bay has requested that certain properties within said City be conveyed from the San Luis Coastal Unified School District to the City of Morro Bay for public street purposes; and WHEREAS, the Board of Education of said School District did, by resolution dated December 20, 1966, authorize the conveyance of said property to the City of Morro Bay; the following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a quit- claim deed from the San Luis Coastal Unified School District for all that property described in Exhibit 'A', a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said deed, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. On motion made by Councilman Bickford and seconded by Councilman Keiser , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 143-66 PAGE TWO AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ADOPTED: December 27, 1966 IS. SURFLV Mayor ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 143-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of December, 1966. Dated: C. TED WHITE, City Clerk PARCEL 1: • • All that portion of Reach Street (formerly 8th Street) more particularly described as follows: All that real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, being a portion of Lot 10 of the Subdivisions of a part of the Rancho San Bernardo as shown on the map thereof filed in Book 1 of Maps, at page 6, records of said County, and more particularly described as follows: Beginning at the point of intersection of the southwesterly line of said Lot 10 with the west line of "C" Street as shown on the map of Tract No. 53 filed in Book 5 of Maps, at page 74, being the southwesterly corner of property conveyed to the Morro Union School District by deed dated June 17, 1936 and recorded in Volume 197 at page 120, Official Records of said County; thence along the westerly line of property so conveyed, being the easterly line of Tract No. 53, North 27° 27' East 106.48 feet to the east line of said "C" Street; thence South 00 34' East 57.00 feet along the southerly prolongation of the easterly line of said "C" Street (record bearing South 01 33' 33" East); thence on a tangent curve of 20.00 foot radius whose center bears North 89' 26' East, having a central angle of 901 00' and a length of 31,42 feet; thence North 890 26' East 12.80 feet; thence on a tangent curve of 180.00 foot radius whose center bears South 01 34' East, having a central angle of 280 01 and a length of 88.02 feet; thence South 620 33' East 212.97 feet on a line parallel with and distant 75.00 feet from the southwesterly line of said Lot 10 being also the northerly line of Tract No. 2 as shown on the map thereof filed in Book 5 of Maps, at page 20, records of said County; thence on a tangent curve of 125.00 foot radius whose center bears South 270 27" Rest, having a central angle of 610 39' 20" and a length of 134, 51 feet to the northerly prolongation of the easterly line of "D" Street as shown on said map of Tract No. 2; thence along the northerly prolongation of the easterly line of "D" Street South 00 53' 40" East 10.62 feet to the southwesterly line of said Lot 10; thence along the southwesterly line of said Lot 10 being also the northerly line of said Tract No. 2, North 621 33' West 477.72 feet more or less to the point of beginning. PARCEL 2: ' All that real property located in the County of San Luis Obispo, State of Cali— fornia, described as a portion of Lot 29 of the Rancho Morro Y Caybcos, according to the map thereof recorded September 28, 1875, in Book A, page 160 of Maps, in the office of the County Recorder of said County, and further described as that portion of the parcel of land described in the final decree in the matter of Morro Union Elementary School District vs. Alvin H. Wilmar, et al, as recorded in Volume 1034 at page 56, in the office of the County Recorder of said County more particularly described as follows: Beginning at the most northerly corner of Ocean Heights No. 2, as shown on the map thereof recorded February 14; 1928, in Book 3, page 1.16 of Maps, in the office of the County Recorder of said County, thence North 17° 30' west 50.00 feet; thence South 72' 30' west 632.26 feet parallel with and distant 50.00 feet from the northerly line of said Ocean Heights No. 2, and the northerly line of Ocean Heights No. 1 as shown on the map thereof recorded August 8, 1925 in Book 3, page 62 of Maps, in the office of the County Recorder of said County; thence South 170 30' east 50.00 feet to the northerly line of said Ocean Heights No. 1; thence North 72° 30' east 632.26 feet along the northerly line of said Ocean Heights No. 1, and said Ocean Heights No. 2 to the point of beginning, "Exhibit A" F- PARCEL 1 the claim of two or more persons, and $50,000.00 for property damage. Said policies shall insure the liability of Permittee and the liability, contingent or otherwise, of the City and such other persons, firms or corporations as may be designated by the City. If permittee does not keep such insurance in full force and effect, the City may take out the necessary insurance and pay the pre- miums and the repayment thereof shall be paid by Permittee.on the first day of the following month, or in the sole discretion of the City, this Use Permit Agreement may be immediately terminated. Permittee shall provide the City with copies or certificates of all of said policies including endorsements which state that such insurance shall not be cancelled except after ten days prior written notice to the City. Each such policy shall be approved as to form and insurance company by the City. C. Any insurance policy insuring Permittee against claims, expense or liability for injury or death to person or property in or about said property or for business interruptions shall provide that the insurer shall not acquire by subrogation any right of recovery which Permittee has expressly waived in writing prior to the occurr- ence of the loss. Permittee hereby waives any right of recovery against the City for any such claim, expense, liability or business interruption. 7. Permittee shall pay all charges for all utilities, in- cluding but not by way of limitation, electricity, gas, water and telephone which are used on or about said property during the term of this Use Permit Agreement. 8. The, City shall have.the right to enter upon said property at all reasonable hours to examine the same or to make such repairs or temporary alterations as City shall, in its sole discretion, desire. -3- I 9. Permittee shall reimburse the City for any and all attorney's fees and expenses incurred by City in enforcing, per- fecting, or protecting City's rights under this Use Permit Agreement. DATED: ATTEST: C. TED WHITE, City Clerk DATED: -4- CITY OF MORRO BAY By: J. S. SURFLUH, Mayor L. VIRGIL MOORES • ti k0 Of 5 4-AST N/ L vs of c.voc f �MS�VrLC.goEato I 8 N I I N N N 53' 45' W 200.00 — r 0 I � %ia�� 09 0 0 a n OV O 3 N TOP of 2ev E-7MEnti" A. 7_ I 0 � � � I e � "E. 20/• 03 � o 59 L, LE.esc S��e //3 /✓ y 9,238 S4• FT h a M M 7 N 53e 4.5' W 200.00' I /V%9 v OF ����LEi93 C S�rc /�113 !✓ ,A�lld/z zo pi4r #19.,cLaon, C:/TY OF /r/oR Ro pi9y RESOLUTION NO. 141-66 RESOLUTION DENYING GREEN WEST ACRES INC. REQUEST FOR FURTHER CANCELLATION OF RENT THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen WHEREAS the County of San Luis Obispo, the City's predecessor in interest, executed a lease with Green West Acres, Inc. on June 4, 1962 for the premises described as Lease Site 300 (Morro Bay Sandspit) for a term of fifty years at a rental of 6% of the appraised value, or $7, 200. 00 per year, and WHEREAS the obligation to pay rent under said lease has been cancelled for the period June 4, 1963 to July 26, 1966 by action of the Board of Supervisors for the County of San Luis Obispo and the City Council of the City of Morro Bay, and WHEREAS it is not in the public interest to continue cancellation of rent under said lease nor is such action compatable with the City's duties as Trustee for the People of the State of California of the tide and submerged lands included within Lease Site 300, NOW THEREFORE BE IT RESOLVED 'that. the request of Green West Acres Inc. for further cancellation of rent is hereby denied. BE IT FURTHER RESOLVED that the City of Morro Bay declares that neither the City in accepting rent, nor Green West Acres Inc. in paying rent waives, expressly or impliedly, or makes any election with respect to any rights either entity has or may have under and by virtue of the terms and conditions of said lease agreement. RESOLUTION NO. 14i-66 • PAGE TWO On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ADOPTED ATTEST: December 27, 1966 WIN 0. r,,A U. YED W 3 rfh, U ity U lerk DATED: CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 141-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of December, 1966. C. TED WHITE, City Clerk RESOLUTION NO. 140-66 RESOLUTION APPROVING AMENDMENT OF USE PERMIT AGREEMENT TO REGAL SEAFOOD COMPANY FOR THE INSTALLATION OF DOCK IMPROVEMENTS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None WHEREAS, the Morro Bay City Council did, by Resolution No. 123-66, approve the grant of a Dock and Waterfront Use Permit Agreement to Regal Seafood Company; and WHEREAS, Regal.Sbafood Company has requested permission to install certain capital improvements to the dock and appurtenant structures; the following resolution is hereby proposed: RESOLVED that the attached amendment to that certain document entitled "Dock and Waterfront Use Permit Agreement" between the City of Morro Bay and the Regal Seafood Company dated November 1, 1966, is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said amendment for and on behalf of the City of Morro Bay. On motion made by Councilman Mallery and seconded by Councilman Bickford, the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: December 13, 1966 S. SURFLUH, Mayor ATTEST: �::I� xj"� C. TED WHITE, City Clerk 0 • CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the fore- going is a true and correct copy of Resolution No. 140-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of December, 1966. Dated: C. TED WHITE, City Clerk (SEAL) RESOLUTION NO. 139-66 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1967 THE CITY COUNCIL City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council hereby approves the attached Agreement by and between the City of Morro Bay and Milton E. Willeford, Certified Public Accountant, a copy of which is attached hereto and marked Exhibit 'A' and by reference made a part hereof; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said Agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Keiser and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: December 13, 1966 ATTEST: C. TED WHITE, City Clerk CALIFORNIA STATE HIGHWAY NO. I PARCEL 2 & a RESOLUTION NO. 142-66 RESOLUTION APPROVING GRANT OF USE PERMIT TO L. VIRGIL MOORES THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh ABSENT: Councilman Bowen The following resolution is hereby proposed: RESOLVED that that certain document entitled "Waterfront Use Permit Agreement" between the City of Morro Bay and L. Virgil Moores is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said agree- ment for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Mallery , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery & Mayor Surfluh NOES: None ADOPTED: December 27, 1966 . S. SURFLUHayor ATTEST: , 0 � o 2 J'a-4 C. TED WHITE, City Clerk— CERTIFICATION OF CITY CLERK I, C. TED WHITE, Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 142-66 passed by the City Council of the City of Morro Bay at a regu- lar meeting thereof held on the 27th day of December, 1966. DATED: C. TED WHITE, City Cler 6-SI 0 0 WATERFRONT USE PERMIT AGREEMENT The City of Morro Bay, a municipal corporation of the State of California (hereinafter called 'City') hereby grants to L. Virgil Moores (hereinafter called 'Permittee') the right to use, on the terms and conditions hereinafter set forth, that property of the City of Morro Bay, located within the City limits of the City of Morro Bay, County of San Luis Obispo, State of California, and . described as follows: Lease Site 113W as shown -on the map entitled "Map of Lease Site 113W, Morro Bay Harbor, City of Morro Bay" dated July 1, 1966, attached hereto and by reference made a part hereof. The property is further described as follows: Beginning at the point of interesection of the westerly prolongation of the north line of Surf Street (formerly 9th Street) and the easterly right-of-way line of the Embarcadero; thence S 36° 15' W, 190.66 feet to the true point of beginning; thence S 360 15' W, 56.34 feet; thence N 531 45' W, 200.00 feet; thence N 36° 15' E, 36.04 feet; thence S 590 32' 40" E, 201.03 feet to the true point of beginning; containing 9,238 square feet. 1. The term of this agreement shall be from January 1, 1967 to and including December 30, 1967. 2. As consideration for the rights and privileges granted to Permittee hereunder, Permittee shall pay to the City of Morro Bay the sum of Forty-five Dollars ($45.00) per month for each month for which this agreement shall be in effect. Such payments shall be paid to the City Clerk in advance on the first day of each month during the term of this Use Permit Agreement. 3. Permittee shall use Said Property for the following pur- poses and for no other purpose, to -wit: Construction and installation of floating docks, mooring of vessels, loading and unloading passen- gers, and free access to the public for fishing. 0 4. This permit may be terminated by the City at any time by order of the Morro Bay City Council, which termination shall become effective ten days after the date upon which such order shall have been made except as otherwise provided herein, and Permittee shall thereupon peacefully surrender possession thereof to the City of Morro Bay. 5. Permittee shall keep Said Property in good repair and shall surrender said property to City at the expiration or term- ination of this permit in as good condition as it was when it was originally received by Permittee from the County of San Luis Obispo, reasonable wear excepted. Notwithstanding any of the fore- going, said property shall not be altered or changed in any way by Permittee without the prior written approval.of the City. 6A. This Use Permit Agreement is granted to Permittee upon the express conditions that Permittee shall keep and hold the City free from all liability, expense and claim for damages by reason of any injury or death to any person or persons, including Permittee, or property of any kind whatsoever and to whomsoever belonging, including Permittee, from any cause or causes whatsoever during the term of this Use Permit Agreement or any extension thereof or any occupancy or use hereunder; Permittee hereby coven- anting and agreeing to indemnify and save the City harmless from all liability, loss, cost and obligations on account of or arising. out of any such injuries or losses howsoever occuring. B. Permittee agrees to take out and keep in force during the life hereof at Permittee's expense, liability insurance to protect against any liability to any person or persons, including Permittee, resulting from any occurrence in or about or incident to said property and appurtenant areas in the amount of $100,000.00 to indemnify against the claim of one person, and $300,000.00 against -2- 0 CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the fore- going is a true and correct copy of Resolution No. 139-66 passed by the City Council of the Cit�orro Bay at a regular meeting thereof held on the 13th day of December, 1966. Dated. C. TED WHITE, City Clerk (SEAL) RESOLUTION NO. 138-66 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR FURNISHING AND INSTALLING SEWAGE METERS AT MORRO BAY AND CAYUCOS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None WHEREAS, the Morro Bay City Council did, by Resolution No. 76-66, passed and adopted on June 28, 1966, award a contract for furnishing and installing sewage meters at Morro Bay and Cayucos to Kaweah Construction Company; and WHEREAS, the City Engineer having certified that the improve- ments to be furnished and installed have been inspected and have been found to comply with approved plans, special provisions and standard specifications, and having recommended that said work be accepted as completed on December 13, 1966; the following resolution is hereby proposed: RESOLVED that said work is accepted as completed on the 13th day of December, 1966, and the City Clerk of the City of Morro Bay is hereby directed to record in the Office of the County Recorder of the County of San Luis Obispo a Notice of Completion. On motion made by Councilman Bickford and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 138-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: December 13, 1966 S. SURFLUH Mayor ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 138-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of December , 1966 DATED: C. TED WHITE, City Clerk NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of Morro Bay, San Luis Obispo County, California, that the sewage meters to be furnished and installed at Morro Bay and Cayucos by Kaweah Construction Company, P. O. Box 867, Visalia, California, have been inspected and have been found to comply with the approved plans and specifications, and the work and improvements for furnishing and installing said sewage meters were accepted as completed by the Morro Bay City Council on the 13th day of December, 1966. C. TED WHITE, City Clerk City of Morro Bay San Luis Obispo County, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this day of December, 1966. C. TED WHITE, City Clerk (SEAL) CERTIFICATION OF COMPLETION The undersigned hereby certifies that the sewage meters to be furnished and installed at Morro Bay and Cayucos have been inspected and have been found to comply with the approved plans, special provisions and standard specifications. It is therefor recommended that the work be accepted by the City Council and that the City Clerk be authorized to file a Notice of Completion. DATED: S. L. TAYLOR City Engineer City of Morro Bay Z RESOLUTION NO. 137-66 RESOLUTION ACCEPTING WORT: AND GIVING NOTICE OF COMPLETION OF IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. WHEREAS, the Engineer of Work, having certified to this City Council that the improvements to be constructed and acquired in Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California, have been inspected and have been found to comply with approved plans, special provisions and standard specifications, and having recommended that said work be accepted as completed on the 13th day of December, 1966; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, County of San Luis Obispo, State of California, that said work is accepted as completed on the 13th day of December, 1966, and the City Clerk of the City of Morro Bay is hereby directed to record in the office of the County Recorder of the County of San Luis Obispo a Notice of Completion. On motion made.by Councilman Bowen and seconded by Councilman Bickford , the City Counci o the City of Morro Bay here y a opts in its entirety the foregoing Resolution, on the following roll -call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None Adopted: December 13, 1966. ATTEST: C. T ll WHIT, City C �Zc I 2_"' &�' . S.'SURFLtp Mayor -I- ORIGINAL I CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the hereby certify that the foregoing is a of Resolution No. 137-66 passed by City of Morro Bay at a regular meeting 13th day of December, 1966. DATED: City of Morro Bay, do true and correct copy the City Council of the thereof held on the C. TED WHITE, City Clerk (SEAL) -2- RESOLUTION NO. 136-66 RESOLUTION RESCINDING RESOLUTION NO. 135-66 AND DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING THE MORRO BAY HARBOR LITIGATION THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that City of Morro Bay Resolution No. 135-66, passed and adopted on December 5, 1966, is hereby rescinded; and BE IT FURTHER RESOLVED that the attached "Stipulation and Agreement" dated December 5, 1966, is hereby approved and the Mayor be and is hereby authorized and directed to sign said Stipulation and Agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Keiser and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser & Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED: December 5, 1966 . S. SURFLUH, ayor ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 136-66 passed by the City Council of the City of Morro Bay at a special meeting thereof held on the 5th day of December, 1966. DATED: C. TED WHITE , City Clerk City of Morro Bay, Calif. 72dt. 5,1'P,, - Rif„dd. /3L-66 1 • • STIPULATION AND AGREEMENT THIS STIPULATION and AGREEMENT is effective on the date of execution by the last of all three bodies which are parties hereto. It is made by and between the County of San Luis Obispo, the City of Morro Bay, and the State of California, acting through the State Lands Commission, for the purposes of compromising Action No. 31684, entitled "County of San Luis Obispo vs. the City of Morro Bay, et al", Action No. 30417, entitled "City of Morro Bay vs. County of San Luis Obispo, et al", and Action No. 31869, filed in the San Luis Obispo County Superior Court, and Action No. C-96, entitled "City of Morro Bay vs. County of San Luis Obispo", filed in the Justice Court of the Second Judicial District of the County of San Luis Obispo. The parties hereto hereby stipulate and agree as follows: 1. The County shall execute and deliver. to the City of Morro Bay a quitclaim deed to the real property described in the Second Amended Complaint filed herein in said Superior Court Action No. 31684, and that certain property conveyed to PG&E by deeds dated September 17, 1951, and recorded at Volume 628, Page 342 of Official Records of the County of San Luis Obispo, and December 17, 1951, recorded at Volume 641, Page 343 of Official Records of said County (formerly a part of the Naval Base Property). 2. The real property described in Paragraph 1 above which is located westerly of the east line of the Embarcadero road in the City of Morro Bay as such road now exists or is proposed, together with the Morro Penninsula, to become assets of the Tidelands Trust, subject to a final agreement by and between the City of Morro Bay and the State of California. The real property described in Paragraph 1 above lying easterly of the east line of the Embarcadero road as the same now exists or is proposed, shall be proprietary lands of the City of Morro Bay. The City and the State shall take appropriate action to legally establish the boundary line between such properties. 3. All monies received pursuant to this Agreement shall be deposited in a harbor trust fund and may be used only for tidelands trust purposes. 4. County agrees to indemnify and hold the City of Morro Bay and the State of California harmless from all damages recoverable by third parties which are attributable to acts of the County of San Luis Obispo during the period said County administered the tidelands trust properties including, but not limited to, any damages caused by said County's action which are awarded the plaintiff in THOMAS, et al., vs. COUNTY OF SAN LUIS OBISPO, et al., Action No. 27578 or CARATAN, et al., vs. COUNTY OF SAN LUIS OBISPO, et al., (often referred to as the Ogle suit), Action No. 31035, both pending in the San Luis Obispo County Superior Court. S. Except as hereinabove expressly provided, each party to this Stipulation -and Agreement, agrees that it will not institute or maintain any legal, equitable or administrative action or proceeding of any nature against any of the other parties to this Stipulation and Agreement arising in whole or in part out of the County's admin- istration of the tidelands trust and the lands quitclaimed pursuant to Paragraph 1. 6. County shall execute and deliver to the City of Morro Bay a quitclaim deed to all of that personal property described in Attachment 2 to the Second Amended Complaintfiled in said Action No. 31684. 7. The real property now known as the "Veterans Memorial Building" located in the City of Morro Bay shall be the property of the County of San Luis Obispo, and if desired by County, the City of Morro Bay and the State of California shall execute and deliver to the County of San Luis Obispo a quitclaim deed for such property. -2- 8. County shall pay to the City of Morro Bay, for use as aforesaid in Paragraph 3, an amount of $100,000.00. Payment of said amount may be made in equal annual installments for a period not to exceed four years, without interest, the first such pay- ment to be made within 30 days after a final judgment or other final disposition of the actions referred to in Paragraph 9 hereof. 9. The terms and conditions of this Stipulation and Agree- ment shall be incorporated in a stipulation or stipulations for final judgment or judgmentsin San Luis Obispo County Superior Court Actions Nos. 31684, 30417 and 31869, and in Action No. C-96 filed in the Justice Court of the Second Judicial District, County of San Luis Obispo. 10. That Order of the Superior Court, entitled "Order Deter- mining Date of Passing of Trust Property Title" and filed in San Luis Obispo County Superior Court Action No. 30417 on September 2, 1965, shall be incorporated in the final judgment in said Action No. 30417. COUNTY OF SAN LUIS OBISPO Dated: ATTEST: 92 County Clerk and Ex-officio Clerk of the Board of Supervisors County of San Luis Obispo -3- FRED C. KIMBALL, Chairman Board of Supervisors County of San Luis Obispo CITY OF MORRO BAY Dated: ATTEST: City Clerk, City of Morro Bay Dated: Dated: By: J. S. SURFLUH, Mayor City of Morro Bay STATE OF CALIFORNIA -4- By: F. J. HORTIG, Executive Officer State Lands Commission By: THOMAS C. LYNCH, Attorney General I RESOLUTION NO. 135-66 RESOLUTION RESCINDING RESOLUTION NO. 129-66 AND DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING THE MORRO BAY HARBOR LITIGATION T H E. C I T Y C 0 U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery, and Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that City of Morro Bay Resolution No. 129-66, passed and adopted on November 11, 1966, is hereby rescinded; and BE IT FURTHER RESOLVED that the attached "Stipulation and Agreement" dated December 5, 1966, is hereby approved and the Mayor be and is hereby authorized and directed to sign said Stipulation and Agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED: December 5, 1966 ATTEST: 0. Qu 2, /,/ C—T DDWWK'TE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 135-66 passed by the City Council of the City of Morro Bay at a special meeting thereof held on the 5th day of December, 1966. DATED: December 5, 1966 C. TED WHITE, City Clerk U� STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is effective on the date of execution by the last of all three bodies which are parties hereto. It is made by and between the County of San Luis Obispo, the City of Morro Bay and the State of California, acting through the State Lands Commission, for the purposes of compromising Action No. 31684, entitled "County of San Luis Obispo vs. the City of Morro Bay, et al", Action No. 30417, entitled "City of Morro Bay vs. County of San Luis Obispo, et al", and Action No. 31869, filed in the San Luis Obispo County Superior Court, and Action No. C-96, entitled "City of Morro Bay vs. County of San Luis Obispo", filed in the Justice Court of the Second Judicial District of the County of San Luis Obispo. The parties hereto hereby stipulate and agree as follows: 1. The County shall execute and deliver to the City of Morro Bay a quitclaim deed to the real property described in the Second Amended Complaint filed herein in said Superior Court Action No. 31684, and that certain property conveyed to PG&E by deeds dated September 17, 1951, and recorded at Volume 628, Page 342 of Official Records of the County of San Luis Obispo, and December 17, 1951, recorded at Volume 641, Page 343 of Official Records of said County (formerly a part of the Naval Base Property). 2. All monies received pursuant to this Agreement shall be deposited in a harbor trust fund and may be used only for tidelands trust purposes. 3. County agrees to indemnify and hold the City of Morro Bay and State of California harmless from all damages recoverable by third parties which are attributable to acts of the County of San -1- Luis Obispo during the period said County administered the tide- lands trust properties including, but not limited to, any damages caused by said County's action which are awarded the plaintiff in Thomas, et al., vs. County of San Luis Obispo, et al., Action No. 27578, or Caratan, et al., vs. County of San Luis Obispo, et al., (often referred to as the Ogle suit), Action No. 31035, both pending in the San Luis Obispo County Superior Court. 4. Except as hereinabove expressly provided, each party to this Stipulation and Agreement agrees that it will not institute or maintain any legal, equitable or administrative action or proceeding of any nature against any of the other parties to this Stipulation and Agreement arising in whole or in part out of the County's admin- istration of the tidelands trust and the lands quitclaimed pursuant to Paragraph 1 above. 5. County shall execute and deliver to the City of Morro Bay a quitclaim deed to all of that personal property described in Attachment 2 to the Second Amended Complaint filed in said Action No. 31684. 6. The real property now known as the "Veterans Memorial Building" located in the City of Morro Bay shall be the property of the County of San Luis Obispo, and if desired by County, the City of Morro Bay and the State of California shall execute and deliver to the County of San Luis Obispo a quitclaim deed for such property. 7. County shall pay to the City of Morro Bay, for use as aforesaid in Paragraph 2, an amount of $100,000.00. Payment of said amount may be made in equal annual installments for a period not to exceed 4 years, without interest, the first such payment to be made within 30 days after a final judgment or other final dispo- sition of the actions referred to in Paragraph 8 hereof. -2- 8. The terms and conditions of this Stipulation and Agreement shall be incorporated in a stipulation or stipulations for final judgment or judgment q,San Luis Obispo County Superior -313 Court Actions Nos. 31684n and 3 417, and in Action No. C-96 filed in the Justice Court of the Second Judicial District, County of San Luis Obispo. 9. That Order of the Superior Court, entitled "Order Determining Date of Passing of Trust Property Title" and filed in San Luis Obispo County Superior Court Action No. 30417 on September 2, 1965, shall be incorporated in the final judgment in said Action No. 30417. 10. The City of Morro Bay will promptly initiate and carry through annexation proceedings for the following generally des- cribed area: All of that territory of the tide and submerged lands of Morro Bay lying outside of the City limits of the City of Morro Bay, further des- cribed as follows: Bounded on the north by the southerly boundary of the City limits of the City of Morro Bay; on the west by the easterly line of the mean high tide line of the sandspit; on the south by that certain surveyed line delineating the southerly limits of the ungranted tidelands of the State of California; on the east by the westerly right- of-way line of Southbay Boulevard, thence southerly to the intersection of said line with the meander line of Morro Bay, thence westerly along the meander line to its intersection with the afore- mentioned surveyed line of the ungranted tide- lands. The Board of Supervisors of the County of San Luis Obispo will support and approve said annexation including the area generally described above. -3- COUNTY OF SAN LUIS OBISPO Dated: ATTEST: County Clerk an x icio Clerk of the Board of Supervisors County of San Luis Obispo Dated: ATTEST: By: FR D C. K MBALL, Chairman Board of Supervisors County of San Luis Obispo CITY OF MORRO BAY City Clerk, City of Morro Bay By: J. S. SURFLUH,Mayor City of Morro Bay STATE OF CALIFORNIA Dated: By: F. J. HORTIG, Executive OTTicer State Lands Commission Dated: By: H AS C. LYNCH, Attorney General -4- 0 RESOLUTION NO. 134-66 RESOLUTION IN SUPPORT OF THE CONSTRUCTION OF A NUCLEAR POWERED ELECTRIC GENERATING PLANT AT DIABLO CANYON IN SAN LUIS OBISPO COUNTY BY THE PACIFIC GAS AND ELECTRIC COMPANY THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None WHEREAS, the Pacific Gas and Electric Company, in order to guarantee an economical supply of electric power and to meet the demands for service to the rapidly expanding population of California, has determined that it will be in the best interest of those they serve to build a nuclear powered electric generating plant in San Luis Obispo County; and WHEREAS, with the advanced technology and engineering available a nuclear powered electric generating facility will in no way endanger the safety, health and well being of the citizens of this County; and WHEREAS, Diablo Canyon, on the coast of San Luis Obispo County, has been selected as the site for the proposed nuclear powered plant; and WHEREAS, the site chosen for this plant is well suited for the aforementioned purpose and the esthetic value of the coast line of San Luis Obispo County will not be substantially harmed due to this type of installation; and WHEREAS, the industrial development of the Caunty of San Luis Obispo is of concern to the City of Morro Bay and all other cities within this County; and RESOLUTION NO. 134-66 PAGE TWO WHEREAS, the economy of this County will be substantially aided by the construction of a privately owned electric generating facility; and WHEREAS, ultimate approval by the State of California of this facility must be conditioned on fairness to the people con- sidering all factors involved. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Morro Bay does hereby express their support for the selection of Diablo Canyon as a site for the construction of a nuclear powered electric generating plant; and BE IT FURTHER RESOLVED that said City Council further commends the management and staff of the Pacific Gas and Electric Company for their forthright planning and willingness to recognize the needs of the County and the wishes of its citizens in the long and arduous site selection process. On motion made by Councilman Mallery and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: November 22, 1966 ll� J. S. SURFLUH.el yor ATTEST: C. TED WHITE, City Clerk i CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 134-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of November, 1966. Dated: (SEAL) City ClerT a RESOLUTION NO. 133-66 RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING AND SETTING DATE FOR HEARING (Blocks 12J, 13J, 16A, 16B, 16E, 16F, 16G and 16H) T H E C I T Y C O U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None WHEREAS, the Planning Commission of the City of Morro Bay held a public hearing on November 15, 1966, to consider the matter of amending Section 11408 of the Municipal Code of the City of Morro Bay to provide for the rezoning of portions of Blocks 12J and 13J, and all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision, Morro Bay; and WHEREAS, said Planning Commission did recommend the change of zoning of the aforementioned blocks from C-1 to R-1; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council will hold a public hearing on December 13, 1966 at 7:30 P.M. in the Morro Bay Recreation Hall, Shasta and Dunes Streets, Morro Bay, California, to consider the matter of amending the zoning ordinance of the Morro Bay Municipal Code to change the zoning of portions of Blocks 12J and 13J, and all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Sub- division from C-1 to R-1; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to publish a notice of Public Hearing in a newspaper of local circulation one time within fifteen (15) days from the date of adoption of this resolution, to wit: RESOLUTION NO. 133-66 PAGE TWO "NOTICE OF PUBLIC HEARING" "NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a public hearing on Tuesday, December 13, 1966, at 7:30 P.M. in the Morro Bay Recreation Hall to consider the matter of rezoning portions of Blocks 12J and 13J, all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision from C-1 to R-1, as shown on the map marked Exhibit 'A' attached hereto and by reference made a part hereof." On motion made by Councilman Keiser and seconded by Councilman Bowen the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed Resolution on the following roll call 'vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: November 22, 1966 ATTEST: C. TED WHITE, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a public hearing on Tuesday, December 13, 1966, at 7:30 P.M. in the Morro Bay Recreation Hall to con- sider the matter of rezoning portions of Blocks 12J and 13J, all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision from C-1 to R-1, as shown on the map marked Exhibit 'A' attached hereto and by reference made a part hereof. DATED: November 28, 1966 C. TED WHITE, City Clerk City of Morro Bay, California (SEAL) 1] 16E `�X/,'tr. A IG F ,�o Ib6 SAN. JACINTO Ito Cr I6H Portions of Blocks 12J and 13J, all of Blocks 16A, 16B, 16E, 16F, 16G and 16H, Atascadero Beach Subdivision, City of Morro Bay EXHIBIT 'A' RESOLUTION NO. 132-66 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LEASES WITH THE U.S. COAST GUARD THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that the Lease Agreements by and between the City of Morro Bay and the United States Coast Guard Nos. T12CG-3006 and T12CG- 3007, copies of which are attached hereto and marked Exhibits "A" and "B", are hereby approved and the Mayor is hereby authorized and directed to sign said lease agreen-ents,for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ADOPTED: November 22, 1966 i► �. iL ,�4ayor ATTEST: Z TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 132-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of November, 1966. Dated: C. TED WHITE, City Clerk (SEAL) 17. S. Standard ror No. ized) • Approved by the Seerotary of the 2.aeewy • May 6, 1036 EAryarya ��jj BETWEEN CITY OF MORRO BAY AND THE UNITED STATES OF AMERICA T12cg-3007 1. THIS LEASE, inadd and dntdred into this 12TH i' day of in the year one thousand nine hundred and ' S I XTY-S I X ' CITY OF MORRO BAY whose address is .595 SIXTH STREET MORRO BAY, CALIFAYNIA 93442 SEPTEMBER by and bdtween for ) TSE LF 17 yp �ag j z S�j successors, and assigns, hereinafter called the Lessor, dnd HE UN 0 I after called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the GSovernment the following -described premises, viz: THE USE OF APPROXIMATELY ONE HUNDRED LINEAR FEET OF DOCK SPACE LOCATED ON THE CHANNELWARD OR WESTERLY SIDE OF THE "0 SHAPED PIER AT MORRO BAY, CALIFORNIA; TOGETHER WITH APPROXIMATELY TWO HUNDRED TWENTY—FOUR SQUARE FEET OF LOCKED STORAGE SPACE IN BUILDING LOCATED ON THE BEACH AT THE END OF THE DOCK; AND THE USE OF A ROOM OR APPROXIMATELY SEVENTY SQUARE FEET, IN THE PUBLIC TOILER BUILDING AT THE ENTRANCE TO THE DOCK, FOR THE PURPOSE OF INSTALLING A WASHING MACHINE; AND THE RIGHT TO PLACE A,•PAIR OF SWINGING DAVITS AT THE EXTREME OUTER END OF THE DOCK FOR THE PURPOSE OF STORING A 28—FOOT MOTOR LIFEBOAT FOR EMERGENCY USE; ALSO THE RIGHT TO USE THE EXISTING WATER LINES AND ELECTRIC CONDUIT ON THE DOCK, TO MAKE SUCH REPAIRS TO SAID y, WATER,LINES;AS.MAY.BE, .REQUIRED!, ,AND TO INSTALL. ELECTRIC CONDUCTORS WITHIN SAID CONDUIT AS. MAY; BE.REQUI'RED;',AND THE RIGHT OF-ACCESS'TOi AND -FROM' PUB'LI'C ROADS OR STREETS BY COAST GUARD PERSONNEL AND VEHICLES, OR BY PERSONS AND VEHICLES EMPLOYED BY THE COAST GUARD. ' to be used AA1M 01 for the following purposes'(see instruction No.3) FOR DOCK SPACE FOR 95 FT. VESSEL AND STORAGE SPACE OR OTHER COAST GUARD PURPOSES. 3. To�'HavE Akii TO HOLD the said premises with- their appurtenances for the term beginning 1 JULY 1964 and ending with 30 J uN E ,19'' 5 se.:aasef-3 , 4. The Government shall not assign this lease in any event, and shall not sublet the'demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said premises by anyone other than the Government, such sublessee, and the agents and servants of the Government, or of such sublessee. 5. This lease may, at the option of the Government, be renewed from year to year at a rental of ONE DOLLAR ($1.00) PER YEAR and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the Lessor at least THIRTY (30) days before this lease or any renewal thereof would -otherwise expire: Provided that no renewal thereof shall extend the period of occupancy of the premises beyond the 30TH day.of, i JUNE 1969 G. The Lessor shall furnish to the Government, during the occupancy of said, premises;, under the terms of this lease, as part of the rental consideration, the following: .. ... .., ..I ... ,. Y. . I:. ... . ..T 7. The'Government shall pay lthe Lessor for the premisei rent at thg following rate: PNEI DOLLAR, RL• .�$1..00)1 PER YEA, OR ANY, FRACTI ONA' PART OF- -AYEAR GNI-THE EVENT OF TERMINATI,ON,OF THIS,-LEASB PRIOR, TOI.THE. END OF, ANYI FI SCAL YEAR. ]' ' Payment shall be made at the end of each FISCAL YEAR. S. The Government shall have the right, during the existence of this lease, to• make alterations, attach fixtures, and erect additions, structures, or'signs, in or upon the -premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Les- sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Govern- ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government TWENTY ' (20) days before the termination of the lease. 30-r49G1-. U. S. Stnndrtra Toren No. 9 (R vl.ad M.y 6, 1996) • • ( LEASE J (Shoat 2) 9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and tenantable condition during the continuance of this lease, except in case of damage aris- ing from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto. 10. If the said premises be destroyed by fire or other casualty this lease shall immediately ter- minate. In case of partial destruction or damage, so as to render the premises untenantable, either party may terminate the lease by giving written notice to the other within fifteen days thereafter, and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company. 12. COVENANT AGAINST CONTINGENT F\ . SEE RIDEN No. 1, WHICH IS ATTACHED TO AND MADE A PART OF THIS LEASE). 13. 1T IS UNDERSTOOD AND AGREED THAT THE -GOVERNMENT SHALL HAVE THE RIGHT TO EFFECT CANCELLATION OF THIS CONTRACT OR ANY RENEWAL THEREOF AT ANY TIME BY GIVING LESSOR THIRTY (30) DAYS' WRITTEN NOTICE THEREOF. 111. NON-DISCRIMINATION IN EMPLOYMENT. (SEE RIDER NO. 11 WHICH IS ATTACHED. TO AND MADE A PART OF THIS LEASE.) 15. THE DELETION OF THE WORD, "EXCLUSIVELY" IN PARAGRAPH Z, WAS MADE PRIOR TO THE EXECUTION OF THIS LEASE. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. In presence of: Citv Clerk. City of Morro Bay (Add,m.) . 0 UNITED STATES OF AMERICA, (If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) I, certify that I am the Secretary of the corporation named as Lessor in the attached lease; that who signed said lease on behalf of the Lessor, was then of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its cor- porate powers. :. .,. rcORPORATEi te—.oaoo-tL SaAL J C a INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented premises by the Government shall not exceed 25 per centum of the amount of the rent for the first year of the rental term or for the rental tern, if less than 1 year. 2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1. S. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of article 2 of the lease should specify only the general nature of the use, that is, "office quarters," "storage space," etc. 4. N'Vhenever the lease is executed by an attorney, agent, or.trustee on behalf of the lessor, two authenticated copies of, his power of attorney, or other evidence to,act on behalf_, of the lessor,, shall accompany the lease. 5. When ;the lessor is, a' partnbrship, .the. names of: the partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, followed by the name of the partner signing the same. 6. Where the lessor is a corporation, the lease shall be*signed witli"the corporate name, fol- lowed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of his authority so to act shall be furnished. 7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc. 8. There shall be no deviation from this form without prior authorization by the Director of Procurement, except — (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a year. (b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" shall be deleted and proper substitution made. If the right of renewal is not desired or cannot be secured para- graph 5 may be deleted. (c) Paragraph 6 may be deleted if the owner is not to furnish additional facilities. (d) If the premises are suitable without alterations, etc., paragraph 8 may be deleted. (e) Paragraph 9 -provides that the lessor sliall, "unless herein specified to the contrary, maintain the said premises in good repair, etc." A modification or elimination of this 2equirement would not therefore be a deviation. (f) In case the premises consist of unimproved land, paragraph 10 may be deleted. W When executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws, customs, or practices. (h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but to permit only the lessor so to terminate would be a deviation requiring approval as above provided. 9. When deletions or other alterations are permitted specific notation thereof shall be entered in the blank space following paragraph 11 before signing. 10. If the property leased is located in a State requiring the recording of leases in order to protect the tenant's rights, care should be taken to comply with all such statutory requirements. a a s�m�m ium�� arwe ie-rmo,-i 2yU., CL(-ISE Ake follov ng clause is applicable unless this contract is xempt u.'dor the rulez> ar-d regulations of the %resid nt's Committeo on Equal llypioy.ment Opportunity issued pursuant to Evocative Order lib. 1092E of adreh 6, 1961).3c oy 1961 supple- Rei ), cc aNendod by L ccutive 0rder N11114 of June 22, during the pei;foTnance of this contract, th- Contractor agrees as follows (a) The Contractor will not discriminate against any employee or applicant -for erlploym2cnt because of race, creed, color, or national origin. The CoJStrautor will take affirmative action to ensure that applicants are employed., and that' employees are treated during employ-:- mcat, without rogar3 to heir nice, creed, color, or national origin. Such ¢r.i;ien shall include, but not be limited for the Yollowingv employ-- ment:, upgrading, demotion Cr transfer; recruitment or recruiincn% ad- vertising; layoff or termination; rates of pay or other for,as of compen.- catioin and selection for training, including appre'nticcahip. The Con- tractor agrees to ;most in conspicuous places, availablc to employces and applicants for employment, notice: to be provided by the Contracting 0ff icer• Setting forth the provisions of this nonLii.9crllYination c lau'�e. (b) Yoe Contractor will, in all solicitations or advertisements .for employees planed by or on behalf of the Contractor, state that all guali-fied .applicants will racc:i.r cc:'.::iCcration ,for employmcnt without regard to race, creed, color, o? ,%at ibi3al origin. (c) The Contractor will Send to each labor union or representative o.j' workcr:J with which he has a co MoVivc bargaining agrooment or other contract or Li12L?:i i'.^twnG inO, a notice, to be -provided by the egency Con- tracting Officer, advising tho said labor union or workers' r£pr•eavnta- tive of the Contractor's cCmL4il°sents under thin nondiscrimination clause, and shall post copies oy.zhc no'.r.i.^.c in conspicuous places availabic to elil2oyces and applicant:. ,for employrnent. (d) The Contractor will comply with all provisions of Executive Order A. 10925 of s_rc,rch S, 1961, as amended, and oy the rules, regulations, and relevant orders of the = residentIs Committee on Equal is nployment Opportunity created thereby. '(e) Tae Contractor. 011 furnish all infonvaLion and reports re Quirld by Executive Order 1Jo. WIT of Harsh 6, 1961, no a.7?ended, and cy tiLe rules, regu2cAns, and orders of the said Co.'."mittee, or pursuant thereto, and will permi access to his 'boobs, record-s' , and accounts by the con- tracting agency and the Comnittee for purposed of investigation to asp certain compliance with ouch rules, regulations; cWorders. (f) In the event of the Contractor's noncompliance with the non-- dioCriin'inC•.tiOn Clause of this contract or with any of the said rules., regulations, or orders, this contract may be cancelled, termirc.ted, or suspended in whole or in part and the Contractor may be declared in- eligible for further Government contracts in accodance with procedures authorized in Executive Order Rro. 10911 of dirch 6, 1961s as amended, and such other sanctions may be imposed and remedies invoked as pro- vided in the said Executive Order or by rule, regulation, or order of • , • the President's Committee on F9wal Employment Qyor'tunity, or as othei"CUinc ur0ded by law. (g) . Nze Contractor will include the provisions o,f parayraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Presidents COL•mi tce on Qual Employment Opportunity issued g sr ouant to section 303 of 2011 ecutive Order A. =25 of i0arch 6., =. 1, as aiiended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will rake such action with respect to any Vulcon_tract or. purcha8c order as the contracting agency gray d irect an a means of en- forcing such provisions, including sanctions for noncompliance: Fro, vided, hol1evcr, that in the event the Contractor becomes involved A: - or is threatened with, litigation with a subcontractor or vei2dcr cis a result of such direction by the contracting agency, the Contractos- may request the United States to enter into anal litigation to pro- tecy_the interests of the United States. , The above equal opportunity clause is auended.as follows: Delete reference to the Iresideat 's TomrmI Lice on Equal Employment Opportunity, Executive Order No. 1.0915•of :'arch 6, 1961, as amended and section 303 of Executive Order No. 10925 of lurch 6, 1961, as ameiuied and subaltvtin_r, therefor the Secretary of Labor, Mecutive Order No. 111?6 of September 14, 1965, and section R04 of Executive Order No. 11016 of September 14, 1965 respectively. In accordance with regulations of the Secretary of Labor, the rules, regulations, orders, instructions, designations, and other directives referred to in section 403(b) of Blecutive Order No. 11296 remain in ejfcct and; where applicable, shall be observed in the performance o,; this contract until revokedor superseded by appropriate authority. AM? N0. 1 - to LEASE NO. 19cg- 3007 14. EQUAL OPPORTUNITY CLAUSE (Thc following clavae is applicable unless this contract is exempt under the rules and regulations of the Presidant's Committee on E4ua.l'.Employment Opportunity issued pursuant to Executive Order Aro: 10925 of idarch 6, 1961)3CF'T 1961 .^>upple- mcnt),.as omendcd by Executive Order No..11114 of June 221 J 963 (28 F'.B. 6485) . ) During the performance of this contract, the Contractor agrecc as follows - (a) The Contractor will not discriminate against any employee or applicant, for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure, that applicants are employed, and that employees are treated during employ- mcnt, without regard to their race, creed, color, or national origin. S=•ch action shall include,, but not be limited to, the following; employ- ment, upgra6'Yng, demotion.' j.r transfer; recruitment or recruitment ad- vertieing; layoff or, termi'ation; ratee of pay or other forams of compen- sation; and scleetion.for training, including apprenticeship. The Con- tractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting ;. Officer setting forth the provisions of this nondiscrimination clause. (b) The Contractor will,:in all solicitations or advertisements for employees planed by or on behalf of the Contractor, state that all qualified applicants will recei6w considcration for employment without regard to race, creed, color, ue ,iational origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Con- tracting Officer, advising the said labor union or workers' representa- tive of the Contractor's commitments under this nondiscrimination clause,; and shall post copies of the notice in conspicuous places available to ! employees and applicants ,for employment. l (d) The Contractor will comply with all provisions of Executive Order No. 10925 of Eareh 6, 1961, as amended, and of the' rules, regulations, ;• ar., relevant orders of the Fresident»_._!Committee on Equal Employment Opportunity created thereby. \ (c) The Contractor. will furnish all info nration and reports rcqui-c•d by Executive -Order No. 10925 of .Harsh 6, 1961, as amended, and by the ruleo, regulawon.,79 and ordero of the oaid Committec9 or purOVant th.crcto; and will permit access to his books, records, and accounts by the con- tracting agency and the Committee for purposes of investigation to as; - certain compliance with such rules, regulations, and orders. `. (f) In the event, of the Contractor's noncompliance with. the non-- discrimination clause of this contract or with any of the said. rules, regulations, or orders, this contract may be cancelled., torminated, or suspended in whole or in part and the Contractor may be declarcd in- eligible for further Government contracts in accodanec with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, , and such other sanctions may.be imposed and remedies invoked as pro- vided in the said Executive Order or by rule, regulation, or order of the Prc�idcnt's Committee on Equal Employment Opportunity, or as otherwise prc:idcd.by law. (9) The Contractor will include the provisions of paragraphs (a) through (g) in every oubcontract or purchase order vnleas exempted by rule:-, rcgeslation8, or or•dFrs of the Presidcnt,'a Conr:itteo on Z'ai;ai A'aploymcnt Opportunity iesuccUpurnuant to scct•ion 3U3 of Z.A:- ccutive Order No. 10925 of March 6, :,941, as amended, so that such provisions will be binding upon each subcontractor or vendor. Th.- Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct «s a ncans of cn- ,forcing such provisions, Including sanctions for noncompliance: Pro - vided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractcr or vcndor as a result of such direction by the contracting agency, the Contractor r.:ay request the United States to enter into r,<ch litigation to pro tect the interests of,the United States. The above equal opportunity clause is amended as follows: Delete reference to the Fresident!sfComn;ittce,on Equal Employmcnt Opportunity, Executive Order No. 10925• of ;farch 6,.19611 as amended and section 303 of Executive Order No. 10925 of lfarch 6. -1961, as n.^c;K:ed and subelituting therefor &: c ,Secretary of Labor, Fxccutive Order No. 11246 of September 24, 1965, and section 204 of Executive Order•No. 11246 of September 24, 1965 respectively. In accordance with regulations of the Secretary of Labor, the rules, regulations, orders, instructions, designations, and other directives referred to in section 403(b) of Executive Order No. 11246 renain in effect and, where applicable, shall be observed in titc perforn;ance:•of this contract until. revokr,•d or s:•cperccdcd by approp;'tatc authority: 12. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no person or selling agency has been em- ployed or retained to•solicit or secure this lease upon an agreement or understanding ,for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor ,for the purpose of secur- ing business. For breach or violation of this warranty the. Government shall have the right to annul this lease without liability or in its d seretioh to dediiot from the i-ehidl price or consideration, or otlfer- roise recover, the full amount of such commission, percentage, brokerage -or contingent fee. (Licensed,.real estate agents or brokers having list- ings on property for rent, 'in accordance with general business practice, and who have not obtained such licenses for the sole purpose.of effect- ing this lease, may be considered as bona fide employees or ayencPes within the exception contained in this clause:) cr �, 6 . E U. S. Standard rarmn, ODDrovad by LS. 9ocrolnry of the 7��ryry May D, 1D96 • / • LEASE `E BETWEEN CITY OF MORRO BAY AND THE,UNITED STATES OF AMERICA T12c973006: , 1. THIS LEASE, made and entered into this 12TH' I dayof SEPTEMBER in the year one thousand nine hundred and' SIXTY-SIX by and between CITY OF MORRO BAY whose address is 595 SIXTH STREET MORRO BAY, CALIFORNIA 93442 for ITSELF AND ITS heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following -described premises, viz: MORRO BAY BUILDING 40, X 16" WOOD FRAME CONSTRUCTION, WOOD FLOOR AND GABLE ROOF. ROOF COVERING MINERAL SURFACED. BUILDING TO BE PLACED ON CONCRETE FOOTINGS. BUILDING INCLUDES BATHROOM FACILITIES. to be used AkWjoj for the following purposes (see instruction No. 3) : FOR STORING OF SPECIAL EQUIPMENT AND SUPPLIES TO CARRY OUT SEARCH AND RESCUE DUTIES. ALSO FOR WORK SPACE WHEN THE CG 95327 IS IN PORT. 3. To HAVE AND To HOLD the said premises with their appurtenances for the term beginning 1 MAY 1965 and ending with 30 JUNE 1965_ 4. The Government shall not assign this lease in any event, and shall not sublet the demised premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said promises by anyone other than the Government, such sublessee, and the agents and servants of. the Government, or of such sublessee. I . 5. This lease may, at the option of the Government, be renewed from year to year at a rental of FOUR HUNDRED TWENTY DOLLARS ($1420.00) PER YEAR and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the Lessor at least TH{R�Y 0); days before this lease or any renewal thereof would otherwise expire: Provice th no renewal thereof shall extend the period of occupancy of the premises beyond the 30TH ; . !day of l JUNE 1969 G. The Lessor shall furnish to the Government, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following: ....... .... 7. The Government shall pay the Lessor for the premises rent at tho following rate: THIRTY FIVE ($35.00) PER -MONTH Payment shall be made at the end of each . 8. The Government shall have the right; during the existence of this )ease, to malce, alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premisesihereby leased (provided such alterations, additions, structures, or signs shall not be detrimental'to or inconsistent with the rights granted to other tenants on the property -or in the building in which said premises are located); which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed therefrom by the Government prior to the termination of this lease, and the Government, if required by the Les- sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Govern- ment has no control, excepted: Provided, however, that if the Lessor requires such restoration, the Lessor shall give written notice thereof to the Government TWENTY (20) days before the termination of the lease. .r U. S. 8=(InrA Form No. 2 (Rurbod M.y 6, 1976) ' • • LEASE (Sh.t 2) 9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and tenantable condition during the continuance of this lease, except in case of damage aris- ing from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs thereto. 10. If the said premises be destroyed by fire or other casualty this lease shall immediately ter- minate. In case of partial destruction or damage, so as to render the premises untenantable, either party may terminate the lease by giving written notice to the other within fifteen days thereafter, and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company. 12. COVENANT AGAINST CONTINGENT FEES. (SEE RIDER NO. 1, WHICH IS ATTACHED TO AND MADE A PART OF THIS LEASE). 13. IT IS UNDERSTOOD AND AGREED THAT EITHER PARTY SHALL HAVE THE RIGHT TO EFFECT CANCELLATION OF THIS CONTRACT OR 4NY RENEWAL THEREOF, AT ANY TIME BY EITHE4PARTY GIVING TO THE OTHER THIRTY (30) DAYS WRITTEN NOTICE THEREOF. 1. NON—DISCRIMINATION IN EMPLOYMENT. (SEE RIDER NO. 1, WHICH IS ATTACHED TO AND MADE A PART OF THIS LEASE). ' 15. THE DELETION OF THE WORD, "EXCLUSIVELY" IN PARAGRAPH 2 WAS MADE PRIOR TO THg EXECUTION OF THIS LEASE. 16. SO 'AS NOT TO CREATE A FIRE HAZARD, THE PREMISES LEASED HEREIN SHALL BE KEPT CLEAN; NO OIL SOAKED RAGS, WASTE, PAPER, PAINT, OR OILS MAY BE STORED THEREIN EXCEPT IN METAL CONTAINERS. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. In presence of: I 1`id�dOT. City Clerk, City of Morro Bay Mayor, City of MDJrro Bay (nddnw) V 0 UNITED STATES OF AMERIcA, (OO1d.1 t1d.) (If Lessor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) I, certify that I am the Secretary of the corporation named as Lessor in the attached lease; that who signed said lease on behalf of the Lessor, was then of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its cor- porate powers. • . CORPORATE l le--lo99t.1 INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. This standard form of lease shall be used whenever the Government is the lessee of real property; except that when the total consideration does not exceed $100 and the term of the lease does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid exceeds $2,000 per annum the annual rental shall not exceed 15 per centum of the fair market value of the rented premises at the date of lease. Alterations, improvements, and repairs of the rented premises by the Government shall not exceed 25 per centum of the amount of the rent for the first year of the rental term or for the rental term if less than 1 year. 2. The lease shall be dated and the full name and address of the lessor clearly written in paragraph 1. 3. The premises shall be fully described, and, in case of rooms, the floor and room number of each room given. The language inserted at the end of article 2 of the lease should specify only the general, nature of the use, that is, "office quarters," "storage space," etc. 4. Whenever the lease is executed byan, attorney, agent, or trustee on behalf of the lessor, two authenticated,copies of his,power of attorney, or other evidence.to acton behalf of.the.lessor, shall accompany the lease.: i .5. When the lessor is a partnership, the names of the partners, cornposing'the firm shall be stated in the body of the lease., -The lease shall be signed with ,theiparthership. name, followed by the name of the partner signing the same. 6. Where the lessor is 'a corporation; the lease shall be'signed with, the corporate name, fol= lowed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of his authority so'to act shall be furnished. 7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light, janitor service, etc. 8. There shall be no deviation from this form without prior authorization by the Director of Procurement, except — (a) Paragraph 3 may be drafted to cover a monthly tenancy or other period less than a year. (b) In paragraph 5, if a renewal for a specified period other than a year, or for a period optional with the Government is desired, the phrase "from year to year" shall be deleted and proper substitution made.' If the right of renewal is not desired or cannot be secured para- graph 5 may be deleted. (c) Paragraph 6 may be deleted if the'owner is not to furnish additional facilities. (d) If the premises are suitable without alterations, etc., paragraph 8 may be deleted. t(e) Paragraph 9 .provides that the lessor shall, "unless herein specified to the contrary, maintain the said premises in good repair, etc." A modification or elimination of this requirement would not therefore be a deviation. (f) In case the premises consist of unimproved land, paragraph 10 may be deleted. (g) When executing leases covering premises in foreign countries, departure from the standard form is permissible to the extent necessary to conform to local laws, customs, or practices. (h) Additional provisions, relating to the particular subject matter mutually agreed upon, may be inserted, if not in conflict with the standard provisions, including a mutual right to terminate the lease upon a stated number of days' notice, but to permit only the lessor so to terminate would be a deviation requiring approval as above provided. 9. When deletions or other alterations are permitted specific notation thereof shall be entered in the blank space following paragraph 11 before signing. 10. If the property leased is located in a State requiring the recording of leases in order to protect the tenant's rights, care should be taken to comply with all such statutory requirements. a....W........ ..M ..-.....-. 0 5C-1'r'Trll OLPD.L'TURrIrY CLfiIS <1?.e 7'(il1 CZ•'i: i2g Cll,Z in applicable UnICS'S this ContnaCt is --nape uncdar the irks and 7-cgu2a.Ilions Of the Prcuid.sM's Committee on Equal T,,Iployment Opportunity issued pursuant to ZVOChhtive 0?'ide7!'IO. 10925 of zldreh o, 196030 T 1961 Supple- mcnt), as amended by Executive Order No. MA of june 2Q Jurino the ponforxance Oj I:e won-t;racn, 'th-- Contractor agrees as fO lows, (a) The Contractor will not ._?iscrininate against any employee or applicant jor empAywant because oj° race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and th,2t employees are treated during employ- ` mcnt, without regsrd to their race, crecd, color, or national origin. Such action shall include, but not be limited to, the ,followin,, am.loy- ment, upgrading, demotion or transfcr j recruitment or rccruitmcnt ad- ve?iieing, layoff or tensination, rates of pay or other forms of compvn-• cation; and Mec'tion for tr•:si3;irtg, including apprenticeship. The Col. - tractor agrees to post in ccnopicuous places, available to eployees and applicants•for exp2oymcnt, notices to ba provided by the Contracting Officer setting forth'the provisions of this nandiscrilr:£nation C lah.se. µr b he COi3trGOtOr IJ: Il, in Cll' sOliCl tatlOr':S" Or 1.L'x7.iErti3<-:i.^.GntS for employees placed Q or on behalf of the that all qua% ficd applicants will Nce.v6% consideration for cuploynent without rEgC%.i":Z to race, creed, color, ov :,rational origin. (e) The Contractor will tend to each labor union or representative oj" IQrkc^i^3 with which he has a collective bargaining agreement Or Other contract Or understanding, a notice, t0 ba provided by the agency con`•- _ tracLing Officer, advising the said labor un'.on or wonccrs' repreaenta- tive of the 0ontracto-r's cc)nnitlreents under this nondiscrMinatiOn clause, and shall post copies Of Qc notice in conspicuous places available to cmpleyees and applicants for employment. (d) The contractor will comply with all provisions Of Executive Order Rb. !OSQT of :]_arch 6, 1961, as amended, and of the rules, rcgulationas and relcuant ord''c?"ti- of the I'residenta-o Committee on Equal Employment Opportunity created thereby. (e) The Contractor,will furnish all information and reports re4dirsd by Executive Order Aro. 10921 of larch 62 1931, ac amended, and Q the i'Lhles, regulg.i`.ions, and orders of the said Committee, or pursuant thereto, end will permit access to This books, records, and accounts by the con- VOCting ag•encyt and the Committee for purposes of investigation to aSz- certacin comp ianc3 with ouch rules, regulations, ancd oNcro. (.r') Zn the event of the Contractor'" noncompliance with the non-- discrimination clause Of this contract V or with any of the said rules, regulations, or Orders, this Contract may be cancelled, ter mi n"„I eCd, or sun ended in whole or in part and the Contractor may be declared eligible for further Government contracts in accodance with pr•oceaures authorized in executive Order A. 10915 of harsh 6, 1951, as amendedg and such other sanctions may be imposed and remedies invoked as pro- vidcd in the said Executive Order or by rule, regulation, or order of the Col7aittee on 1•: gual Employment Opportunity, or as otherwise pro ded by law. (g) .The Con•tractof will include the provisions of paragraphs (a) through (a) in every subcontract or purchase order unless exempted by rules, regulations, or o;-ders of the Presidents Comwittce on Equal Employment Opportunity issued 'JSSi-ouant to section 303 of Zr;. ecutive Order I'o. 10923 of Qrch 6, = Nds as azended, so that Such• provisiono will -be binding: upon each subcontractor or vendor. Tha Contractor will take such action with respect to any'eubcontract or. purchase order as the contrasting agency )flay d irect as a means of en- forcing such provisions, including sanctions for noncompliance: fro^ vided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractar• or vendor as a result of such direction by the contracting agency, the Contractor nay request W Unitod States to enter into =5 litigation Q pro tect the interests of the United ,States. The above eypal opportunity clause is aisendcd as follows: .Delete rcyercnce to the Aresidentl8 3Ci7mitAce on Equal RmD1oL5mcnt Opportunity, Zxecutive Order No. 1.0925. of !.arch 6, 1961, cs a aand'ed and section 303 of LxcoWive Order No. :10925 of,March 6, 19(5.2, as amended and subMut irg therefor the Secretary of Labor, Ixecuti ve Order No. 1JI46 of September 24, 1965, and section 204 If Executive Order No. AM of S'epterber 24, 1965 respectively. In, accordance with regulations of the Secretary of Labor, the rules, regulations, order's, instructions, designations, and other directivcs referred to in section 403(b) of lxecutive Order No. JIM remain in effect and, where applicable, shall be observed in the perfor.nance of this contract until revoked or supervcded by appropriate authority. M = RID, NO. 1 - to LEASE NO. T12* 3006 14. IiQUAL OPPORTUNITY CLAUSE (The following clause is applicable unless this contract is cxcmpt under the rules and regulations of the President's Committee on Equal Employment Opportunity issued pursuant to Executive Order No. 10925 of jdarch 6, 1961)30,T 1961 Supp.le- ment),.aa amended by Executive Order No. 11114 of June 22, .1963 (28 P.R.6485).) During the performance of this contract, the Contractor agrees as follows,,- . I (a) The Contractor will not discriviino.te against any employee or I applicant for employment because of race, creed, color, or national origin. Tice Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during cmploy- men.t:, without regard to their race, creed, color, or national origin. Such action s1:all include,, but not be limited to, the following; employ- 1 mont, upgrading, demotion or transfer; recruitment or recruitment ad- vertising; layoff or termination; rates of pay or other forms of compen-.' cation; and selection for training, including apprenticeship. The Con- tractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting !.• Oj^ficcr setting forth the provisions of this nondiscrimination clause. (b) The Contractor will,,' in all solicitations or advertisements for t employees placed by or on bEhalf of the Contractor, state that all qualified applicants will receives consideration for employment without regard to race, creed, color, ue national origin. (c) The Contractor will send to each labor union or representative of corkers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Con- tracting Officer, advising the said labor union or workers' representa- I tive of the Contractor's commitments under this nondiscrimination clause, and shall post copies of the notice in conspicuous places available to employees and applicants ,for employment. (d) The Contractor will comply with all provisions of Execu"tivc Order i No. .10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders -of the Iresiden 4-Lr'Committee on Equal Employment i Opportunity created thereby. (e) The Contractor. will furnish all information' and reports requi-cd by Executive Order No. 10925 of March 6, 1961, as amended,, and by the ruIt;3s, roigulatumvp and ordcro of tho said Gommittoc, or pur,^uant thcrcto,! and will permit access to his books, records, and accounts by the con- tracting agency and the Committee for purposes of investigation to as= certain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with th.e non- discrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared in- eligible for further Government contracts in accodance with procedures authorized in Executive Order No. 10925 of March 6, 1961, as amended, and such other sanctions may be imposed and remedies invoked as pro- vided in the said Executive Order or by rule, regulations or order of E " .. the I'r.-sidrnt'a Cooui:iWe on F.qual Employment, Oppeortunity, or as otherwicc pre;idcd by law. (g) The Contractor will include the provisions of par•auraphs (a) through (g) in every cubcontract or purchase order uniess rxcwpted by rules, rcgulo.tionc, or ordern of the Presidcnt,'s Comw,ttcr. on Eq::al Employment Opportunity icavcci.purr:vant to section 303 of Ex- ecutive Ordcr No. 10925 of March 6, .:Q4;.1, .as amended, so that such provisions will be binding upon each subcontranto.r or vendor. 'Tice Contractor will take steah action with respect to any subcontract or purchase order as the contracting agency may direct as a means of cn- ,forcing such provisions, including sanctions for noncompliance: Pro- vidcd, hoiccvcr, that in the event the Contractor becomes involved in, or is threatened with.. -litigation with a subcontra+ctcr or vendor as a result of such direction by the cont-racting agency, the Contractor may regicest the United States to enter into ouch litigation to pro- tect the interests of the United .States. The above equal opportunity.clause is amended as follows: Delete reference to the I-resident'sIClomraittce on Equal Employment Opportunity, Executive Order No. 10925•of March 6, 1961, a; amended and section 303 of Executive Order No. 1.0925 of March 6, 1961" as amended and subetituting therefor the .Secretary of Labor, Executive Order No. 11246 of September 24, 1965, and section 204 of Fxecutive Order No. 11246 of September 24, 1965 respectively. In accordance with regulations of the Secretary of Labor, the rules, regulations, orders, instructions, designations, and other direCtiVcs referred to in section 403(b) of Executive Order No..112.i6 remain in effect c.nd, where applicable, shall be observed if. the perforrnnre,•of this contract until. rcuo",,Z or superseded by appropriate authority: n _ 12. COVENANT AGAINST CONTINGEI T FEES The Lessor warrants that no person or selling agency has been em- ployed or retained to splicit or secure t'his lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona ,fide established commercial or selling agencies maintained -by the.Lessor for the purpose of secur- ing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability gr in its dtscretion to deduct from the rental price or constderatton, or other- ,toise recover, the full amount of such commisabn, percentage, brokerage -or contingent fee. (Licensed' -real estate agents or brokers having list- ings on property ,for rent, tii accordance with general business practice, and who have not obtained such licenses for the sole purpose.of effect- ing this lease, may be considered as bona fide employees or ayendiles within the exception contained in this clause.) I j RESOLUTION NO. 131-66 RESOLUTION ESTABLISHING POLICY FOR AND .PROCEDURE TO OBTAIN APPROVAL OF SUBLEASES AND ASSIGNMENTS OF LEASES .THE C IT Y COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None WHEREAS numerous leases to public proprietary property and state granted trust property were executed by the County of San Luis Obispo, and such property is presently administered by the City of Morro Bay as successor in interest to said County, and WHEREAS one of the terms of these leases provides that the Lessee shall not assign nor sublease without the written consent of the lessor, and if the premises are assigned or subleased without written consent, the lease- hold shall, at the option of lessor, immediately terminate, and WHEREAS it has come to the attention of the City Council that many lessees desire to sublease a portion of the leased premises for short periods of time, and WHEREAS the requirement for obtaining written consent of the City Council for such short term subleases is unwieldly and cumbersome, NOW THEREFORE, BE IT RESOLVED that the following policies and procedures shall apply to the administration of leases by the City of Morro Bay. 1. The consent of the Morro Bay City Council expressed by Resolution to an assignment or sublease is required when; a. All of the premises are subleased, regardless of the term. b. The premises, or any portion thereof, are subleased for a period of more than one year or for a period of less than one year with an option to renew which, if exercised, would extend the period beyond one year. c. The premises, or any portion thereof, are assigned. 2. The consent of the City Council is not required when a. A portion of the premises are to be subleased for a period of twelve months or less, and b. The use of the premises for which the sublease is granted is consistent with and not in excess of the uses designated in the lease agreement. 3. In the case of a sublease exempt from Council approval pursuant to paragraph 2 above, administrative approval by the City Administrator, expressed in writing, shall be required following review of the application and proposed sublease agreement by the Director of Public Works and the City Attorney's office. Administrative consent to subleasing shall not be unreasonably withheld or conditioned by the City Staff. In the event that administrative approval is withheld or conditioned, the party aggrieved may appeal to the City Council by filing a notice of appeal in writing setting forth with particularity the reasons why such party believes that consent has been unreasonably withheld. 4. In no event shall the administrative consent of the City Staff as hereinabove provided, be deemed or construed to excuse a lessor from the obligation to pay rent to the City or to carry out any other obligation imposed upon such lessor by the. lease agreement. 5. All sublease agreements shall be in writing and the City shall be provided with a copy of such document. BE IT FURTHER RESOLVED that this policy shall take effect from and after the first day of January 1967. The City Clerk is directed to mail a copy of this Resolution to all lessees of all City administered real property. This Resolution shall remain effective until superceded by Ordinance. -2- r I On motion made by Councilman Bickford and seconded by Councilman Keiser the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None ADOPTED: November 22, 1966 ATTEST: ��;l 0 10 -;e iED iMITE;- CIty CferK CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 131-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of November, 1966. Dated: C. T D WHITE, City Clerk -3- (SEAL) RESOLUTION NO. 130-66 RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO A PORTION OF BEACH STREET (formerly Eighth St.) THE CITY COUNCIL City of Morro Bay, California PRESENT: Bickford, Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: None The following resolution is hereby proposed: WHEREAS the City of Morro Bay, as successor in interest to the County of San Luis Obispo to that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference, did by Resolution No. 81-66 vacate and abandon the public right of way for street purposes in said property pursuant to the Street Vacation Act of 1941, and WHEREAS under the provisions of Section 8324 of the Streets and Highways Code the record title to said property reverts to the City of Morro Bay as proprietary land free from the public easement for street purposes, and WHEREAS the Board of Supervisors of the County of San Luis Obispo did by .a Resolution dated September 22, 1952, declare its intention to convey said property to the Morro Union School District, and WHEREAS by Resolution dated October 6, 1952 the Board of Superivsors of the County of San Luis Obispo authorized its Chairman to execute a quitclaim deed conveying said property to the Morro Union School District, there being, however, no record that said quitclaim deed was ever delivered and recorded, and WHEREAS on November 25, 1952 by a quitclaim deed recorded in Book 686 at page 213 of the Official Records of the County of San Luis Obispo, the Morro Union School District purported to convey all of its right title • .0 and interest in said real property to Arthur C. and Ella M. Lyle, husband and wife, and WHEREAS in fact the Morro Union School District had no interest on record to convey to Arthur C. and Ella M. Lyle, and WHEREAS the said Arthur C. Lyle has paid all taxes assessed to said property relying upon the purported conveyances of the County of San Luis Obispo and the Morro Union School District, and WHEREAS, under the provisions of Government Code Section 37351 the City Council is empowered to dispose of and convey real property situated inside the City limits when necessary and proper for the benefit of the City, and WHEREAS the Morro Bay City Council finds that it is estopped by equitable principles to assert an interest in said property by reason of the aforesaid recitals and that it is in the public interest to convey said property to Arthur C. Lyle, NOW THEREFORE BE IT RESOLVED THAT the Mayor be authorized and directed to execute a quitclaim deed to the property described in Exhibit "A" attached hereto to Arthur C. Lyle and that the City Clerk be directed to record said quitclaim deed in the office of the County Recorder of the County of San Luis Obispo. On motion made by Councilman Bickford and seconded by Council- man Bowen the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: None ADOPTED: November 22, 1966 ATTEST: TE, City Clerk All that part of Eighth Street in the Town of Morro, County of San Luis Obispo, State of California, as shown on Mathers map of said town on file in the office of the County Recorder of said County, and filed for record in Book A of Maps at page 35 records of said County, more particularly described as follows, to -wit.: Commencing at the intersection of the Easterly line of "C" Street with the Northeasterly line of said Town of Morro, and running thence Southeasterly along said Northeasterly line of said Town of Morro and Southeasterly along the Northeasterly line of aforementioned Eighth Street to its intersection with the Southerly line of said Eighth Street; thence Northwesterly diagonally across said Eighth Street to a point on the Easterly line of said "C" Street equal distant between the intersection of the Easterly line of said "C" Street with the Southerly line of Eighth Street and said point of commencement, thence Northerly along the Easterly line of said "C" Street to the point of commencement. EXHIBIT 'A' RESOLUTION NO.130-66 RESOLUTION NO. 129-66 RESOLUTION DIRECTING A FIRM OFFER OF SETTLEMENT TO THE COUNTY OF SAN LUIS OBISPO REGARDING MORRO BAY HARBOR LITIGATION THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh ABSENT: None RESOLVED that the Mayor of the City of Morro Bay be and he hereby is authorized and directed to execute the attached Stipulation and Agreement, deleting Paragraph 2 and renumbering the subsequent Paragraphs. On motion made by Councilman Bickford Councilman Keiser and seconded by the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED: November 11, 1966 J S. SURFLUH, Oayor ATTEST: C. TED WHITE, City Clerk s P CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing 'is a true and correct copy of Resolution No. 129-66 passed by the City Council of the City of Morro Bay at a special meeting thereof held on the llth day of November, 1966. Dated: C. TED WHITE, City Clerk (SEAL) STIPULATION AND AGREEMENT -000- This Stipulation and Agreement is effective November 14, 1966, and is made by and between the County of San Luis Obispo, the City of Morro Bay, and the State of California acting through the State Lands Commission for the purposes of compromising Action No. 31684, entitled "County of San Luis Obispo vs. City of Morro Bay, et al.", and Action No. 30417, "City of Morro Bay vs. County of San Luis Obispo, et al.", both filed in the San Luis Obispo County Superior Court, and Action No. C-96, entitled "City of Morro Bay vs. County of San Luis Obispo", filed in the Justice Court of the Second Judicial District of the County of San Luis Obispo. The parties hereto hereby stipulate and agree as follows: 1. The County shall execute and deliver to the City of Morro Bay a quitclaim deed to the real property described in the Second Amended Complaint filed herein in said Superior Court Action No. 31684, and that certain property conveyed to PG&E by deeds dated September 17, 1951, and recorded at Volume 628, Page 342 of Official Records of the County of San Luis Obispo, and December 17, 1951, recorded at Volume 641, Page 343 of Official Records of said County (formerly a part of the Naval Base Property). 2. All monies received pursuant to this Agreement shall be deposited in a harbor trust fund and may be used only for tidelands trust purposes. 3. County agrees to indemnify and hold the City of Morro Bay and State of California harmless from all damages recoverable by third parties which are attributable to acts of the County of San -1- Luis Obispo during the period said County administered the tide- lands trust properties including, but not limited to, any damages caused by said County's action which are awarded the plaintiff in Thomas, et al., vs. County of San Luis Obispo, et al., Action No. 27578, or Caratan, et al., vs. County of San Luis Obispo, et al., (often referred to as the Ogle suit), Action No. 31035, both pending in the San Luis Obispo County Superior Court. 4. Except as hereinabove expressly provided, each party to this Stipulation and Agreement agrees that it will not institute or maintain any legal, equitable or administrative action or pro- ceeding of any nature against any of the other parties to this Stipulation and Agreement arising in whole or in part out of the County's administration of the tidelands trust and the lands quit- claimed pursuant to Paragraph 1 above. 5. County shall execute and deliver to the City of Morro Bay a quitclaim deed to all of that personal property described in Attachment 2 to the Second Amended Complaint filed in said Action No. 31684. 6. The real property now known as the "Veterans Memorial Building" located in the City of Morro Bay shall be the property of the County of San Luis Obispo, and if desired by County, the City of Morro Bay and the State of California shall execute and deliver to the County of San Luis Obispo a quitclaim deed for such property. 7. County shall pay to the City of Morro Bay, for use as aforesaid in Paragraph 2, an amount of $250,000.00. Payment of said amount may be made' in equal annual installments for a period not to exceed 10 years, without interest, the first such payment to be made within 30 days after a final judgment or other final dispo- sition of the actions referred to in Paragraph 8 hereof. -2- 8. The terms and conditions of this Stipulation and Agreement shall be incorporated in a stipulation or stipulations for final judgment or judgments in San Luis Obispo County Superior Court Actions No. 31684 and 30417, and in Action No. C-96 filed in the Justice Court of the Second Judicial District, County of San Luis Obispo. 9. That Order of the Superior Court, entitled "Order Determining Date of Passing of Trust Property Title" and filed in San Luis Obispo County Superior Court Action No. 30417 on September 2, 1965, shall be incorporated in the final judgment in said Action No. 30417. Dated: ATTEST: COUNTY OF SAN LUIS OBISPO By: FR D C. KIMBALL, Chairman — Board of Supervisors County of San Luis Obispo County Clerk an x-o icio Clerk of the Board of Supervisors County of San Luis Obispo CITY OF MORRO BAY Dated: By: ATTEST: City Clerk,City of Morr6—B—ay Dated: Dated: J. S. SURFLUH, Mayor City of Morro Bay STATE OF CALIFORNIA By: F. J. Hortig, Executive Officer State Lands Commission By: Thomas C. Lynch,Attorney General -3- RESOLUTION NO. 128-66 RESOLUTION AWARDING CONTRACT FOR STREET MAINTENANCE, SELECT SYSTEM PROJECT NO. 27 T H E C I T Y C O U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None WHEREAS, H. D. Peterson, General Contractor, has submitted the low bid for the maintenance project of applying bituminous seal coat on various streets in the City of Morro Bay, Select System Project No. 27, in conformance with specifications approved by the Morro Bay City Council on October 11, 1966; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby award the contract for the aforementioned street maintenance, Select System Project No. 27, to H. D. Peterson, General Contractor, for the sum of $4,970.25; and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay be and is hereby authorized and directed to sign said contract for and on behalf of said City on execution of the same by H. D. Peterson, General Contractor. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 128-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: November 11, 1966 J. S. SURFLU Mayor ATTEST: L:pj L C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 128-66 passed by the City Council of the City of Morro Bay at a special meeting thereof held on the llth day of November, 1966. Dated: CITY CLERK (SEAL) RESOLUTION NO.127-66 RESOLUTION CANCELLING REGULAR CITY COUNCIL MEETING THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None The following resolution is hereby proposed: WHEREAS, the regularly scheduled meetings of the Morro Bay City Council are held on the second and fourth Tuesdays of each month in accordance with Ordinance No. 6; and WHEREAS, the second Tuesday in the month of November, 1966, falls on November 8, a day on which an election is held throughout the State and is a holiday pursuant to the provisions of Section 6700 of the Government Code; and WHEREAS, the provisions of Government Code Section 54954 pro- vide that a regular meeting falling on a holiday shall be held on the next business day; and WHEREAS, under the provisions of Section 36805 of the Govern- ment Code, the City Council is impowered to designate by resolution the date and time of regularly scheduled meetings: NOW, THEREFORE, BE IT RESOLVED that the meeting regularly scheduled for the second Tuesday of November is hereby cancelled; and BE IT FURTHER RESOLVED that the City Clerk is directed to publish a Public Notice setting forth the cancellation of the regular meeting scheduled for November 8, 1966. On motion made by Councilman Bowen and seconded by RESOLUTION NO. 127-66 PAGE TWO Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh NOES: None ADOPTED: October 27, 1966 Q41. Lv� J I S. SURFLUH, ?ayor V ATTEST: 0 ::�LQ? 1,42== �- C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution no. 127-66 passed by the City Council of the City of orroBay at a meeting thereof held on the 27th day of October , 1966. DATED: C. TED WHITE, City Clerk (SEAL) 0 0 RESOLUTION NO. 126-66 RESOLUTION APPROVING CONTRACT FOR RETIREMENT SYSTEM ACTUARIAL VALUATION THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council hereby approves that certain contract entitled "CONTRACT OF THE CITY OF MORRO BAY WITH THE FIRM OF COATES, HERFUTH AND ENGLAND, CONSULTING ACTUARIES FOR MAKING A VALUATION AS STATED HEREIN", a copy of which is on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said contract for and on behalf of the City of Morro Bay. On motion made by Gouncilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: None ADOPTED: October 25, 1966 ATTEST: L �TED WHI �C� zerk W MM r/" RESOLUTION NO. 125-66 RESOLUTION APPROVING ALIGNMENT OF ACCESS ROAD TO ATASCADERO STATE BEACH THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None WHEREAS, a request has been made for approval of alignment of the access road to the Atascadero State Beach park facility; and WHEREAS, said alignment will more appropriately serve the needs of the park facility, is more esthetically pleasing, cause less scarring of the natural area and will cause less expense to the Division of Beaches and Parks, the following resolution is hereby proposed: RESOLVED that the proposed final road alignment set forth on Division of Beaches and Parks Drawing No. G-5-262, dated October 14, 1966, a copy of which is on file in the office of the City Clerk, is hereby approved. On motion made by Councilman Surfluh and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT: None ADOPTED: October 25, 1966 ATTEST: � �2 C. TED WHITE, City Clerk RESOLUTION NO. 124-66 RESOLUTION APPROVING PROPOSAL TO PERFORM ENGINEERING SERVICES - WASTEWATER TREATMENT PLANT THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None The following resolution is hereby proposed: RESOLVED that the proposal to perform engineering services relating to the maintenance and operation of the Wastewater Treat- ment Plant is hereby approved and the Mayor be and is hereby authorized and directed to sign an agreement, in the form approved by the City Attorney, for said services. On motion made by Councilman Bowen and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None ADOPTED: October 25, 1966 ATTEST: (:d 2 C. TEDHi TE; City Clerk RESOLUTION NO. 123-66 RESOLUTION APPROVING GRANT OF USE PERMIT TO REGAL SEAFOOD COMPANY THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that that certain document entitled "Dock and Waterfront Use Permit Agreement" between the City of Morro Bay and the Regal Seafood Company is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said Agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Bowen and seconded by Councilman Bickford ,,the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: October 2S, 1966 S. SURFLUH Mayor, ATTEST: C. TbDWHITE,CitClerk RESOLUTION NO. 122-66 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR SELECT SYSTEM PROJECT NO. 23, SOUTH BAY BOULEVARD THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, the City Council did, on May 24, 1966, by Reso- lution No. SS-66, award a contract for street maintenance (Select System Project No. 23) to Burke Construction Company; and WHEREAS, the Director of Public Works having certified that said work has been completed in accordance with the provisions of said contract; the following resolution is hereby proposed: RESOLVED that said work is accepted as completed on the 25th day of October, 1966, and the City Clerk of the City of Morro Bay is hereby directed to record in the Office of the County Recorder of the County of San Luis Obispo a Notice of Completion. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: October 25, 1966 VL=lAa S. SURFLU Mayor U ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF COMPLETION The undersigned hereby certifies that the street maintenance work in Select System Project No. 23 has been in- spected and has been found to comply with the approved plans and specifications. It is therefor recommended that the work be accepted by the City Council and that the City Clerk be authorized to file a Notice of Completion. DATED: October 25, 1966 C a-C reEtor of PtXlic Works NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of Morro Bay, San Luis Obispo County, California, that the maintenance project of replacing base material and placing asphaltic concrete pavement on South Bay Boulevard, Select System Project No. 23, in the City of Morro Bay has been com- pleted by Burke Construction Company, and said maintenance project was accepted as completed by the Morro Bay City Council on the 25th day of October, 1966. C. TED WHITE, City Clerk City of Morro Bay San Luis Obispo, County, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 2 7'—`� day of October, 1966. C. TED WHITE, City Clerk (SEAL) N RESOLUTION NO. 121-66 RESOLUTION EXTENDING PERIOD OF USE PERMIT TO MORRO BAY CUB SCOUTS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None WHEREAS, the Morro Bay City Council did, by Resolution No. 116-66, grant a use permit agreement to the Morro Bay Cub Scouts for use of certain City streets for the conduct of a soap -box derby type of race; and WHEREAS, a request for additional use on a date other than that specified in said use permit has been made; the following resolution is hereby proposed: RESOLVED that the use permit agreement granted by Resolution No. 116-66 is hereby amended to include the right to the use of the street set forth in said agreement from the hour of 8:00 A.M. to the hour of 8:00 P.M. on November 12, 1966; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict vehicular and pedestrian traffic on the race course during the time of assembly and race. On motion made by Councilman Bowen and seconded by Councilman Bickford the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ABSENT:' None ADOPTED: October 2S, 1966 S. ayor ATTEST: /J WHITE, C. I E, City Clerk 0 RESOLUTION NO. 120-66 RESOLUTION REJECTING OFFER OF COMPROMISE THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery to Mayor Surfluh ABSENT: Councilmen None WHEREAS, the Morro Bay City Council did receive on October 25, 1966, a confidential letter dated October 25, 1966 executed by the Chairman of the Board of Supervisors of San Luis Obispo County; "W] WHEREAS, the aforesaid letter contained an offer to compromise the litigation now pending between the City of Morro Bay and the County of San Luis Obispo on terms and conditions not within the recommendation of the Joint Legislative Committee on Tidelands; NOW THEREFORE BE IT RESOLVED that the offer of compromise contained in the above described letter dated October 25, 1966 is hereby rejected by the Moror Bay City Council; and BE IT FURTHER RESOLVED that the provisions of City Council Resolution No. 118-66, entitled "Resolution Regarding City -County Litigation" shall be and remain in full force and effect. On motion made by Councilman Bowen and seconded by Councilman Keiser, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluli NOES: None ABSTAINED: Councilman Mallery ADOPTED: October 25, 1966 ayor ATTEST: l r��,_o 7 J"� C. TED WHIT i y Clerk RESOLUTION NO. 119-66 RESOLUTION DENYING REQUEST FOR CHANGE OF ZONING IN BLOCK 1, MORRO ROCK PARK TRACT, MORRO BAY THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED by the City Council of Morro Bay that the request praying for the amendment of the Zoning Ordinance of the City of Morro Bay to provide for the rezoning of Block 1, Morro Rock Park Tract from M-1 to M-1-d, the "d" denoting a height restriction of 15 feet be and is hereby denied. On motion made by Councilman Keiser and seconded by Councilman Bickford, the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED: October 25, 1966 ATTEST: U. TED—WHITE, city uierX RESOLUTION NO. 118-66 RESOLUTION REGARDING CITY -COUNTY LITIGATION THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, at a duly noticed special meeting held on October 21, 1966, the Morro Bay City Council directed its legal and technical staff to meet with representatives of the Joint Legis- lative Committee on Tidelands, representatives of the California Attorney General's Office, the Executive Officer of the State Lands Commission, staff members from the State Lands Commission, and representatives of the County of San Luis Obispo to discuss and review in detail the legal and factual issues involved in the pending breach of trust action brought by the City of Morro Bay as successor trustee of the Morro Bay Tidelands against the County of San Luis Obispo as predecessor trustee; and WHEREAS, upon advice of the Attorney General's Office and the State Lands Commission, specific recommendations for settlement of this breach of trust action were made by the Joint Legislative Committee on Tidelands to both the City of Morro Bay and the County of San Luis Obispo; and WHEREAS, the Morro Bay City Council has been advised of and has carefully reviewed these recommendations; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council directs the City Attorney to confer with representatives of the County of San Luis Obispo to obtain a firm settlement offer from the County of San Luis Obispo which is within the recommendations of RESOLUTION NO. 118-66 PAGE TWO the Joint Legislative Committee on Tidelands. The last settle- ment offer of the County of San Luis Obispo made at a joint executive session on September 15, 1966, is hereby rejected. On motion made by Councilman Surfluh and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED:October 25, 1966 J. S. SURFLUH Mayor ATTEST: l �" C. TED WHITE, City Clerk PRESENT: ABSENT RESOLUTION NO. 117-66 RESOLUTION WITH RESPECT TO PARAGRAPH 2 OF STIPULATION AND AGREEMENT THE CITY COUNCIL City of Morro Bay, California Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh None The following resolution is hereby proposed: RESOLVED that: (1) The City of Morro Bay hereby authorizes and directs its legal and technical staff to analyze and advise the Council as to the basis for Paragraph 2 of the Stipulation and Agreement and to develop alternative suggested provisions for consideration by the Council, such as inclusion of a revisionary clause in the event the tidelands trust passes back to the State of California; and (2) the City reserves acceptance of Paragraph 2 until such time as further consideration is given. On motion made by Councilman Keiser and seconded by Councilman Bickford, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSTAINED: Councilman Mallery ADOPTED: October 25, 1966 ATTEST: C: TED WHITE, City Clerk 11,7 J"�S. SURFLUH, Mayor 0 RESOLUTION NO. 116-66 RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY CUB SCOUTS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery WHEREAS, the Morro Bay Cub Scouts have requested permission to use a City street to assemble and conduct a soap box derby type of race on October 22, 1966; the following resolution is hereby proposed: RESOLVED that the Mayor of the City of Morro Bay be and hereby is authorized and directed to execute a Use Permit Agreement in the form prepared by the City Attorney, authorizing the use of a City street to assemble and conduct a soap box derby type of race, said street designated for use is generally described as San Joaquin Street, lying easterly of State Highway No. 1; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict vehicular and pedestrian traffic on the race course during the time of assembly and race. On motion made by Councilman Bowen and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 J.S. SURFLUMayor ATTEST: C.TIL) WH11h, City Clerk C erk 0 10 RESOLUTION NO. 115-66 RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE TO THE MORRO BAY HIGH SCHOOL THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery WHEREAS, the Morro Bay High School has requested permission to use various Citystreets to assemble and conduct a Homecoming Parade on October 19, 1966; the following resolution is hereby pro- posed: RESOLVED that the Mayor of the City of Morro Bay be and hereby is authorized and directed to execute a Use Permit Agreement in the form prepared by the City Attorney, authorizing the use of various City streets to assemble and conduct the Homecoming Parade, said streets designated for use are generally described as Morro Bay Boulevard, Harbor Street and Morro Avenue; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict vehicular and pedestrian traffic on the parade route during the time of assembly and parade. On motion made by Councilman Bowen and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 ATTEST: C. TED WHITE, City Clerk EXHIBIT 'A' USE PERMIT AGREEMENT MORRO BAY HIGH SCHOOL HOMECOMING' PARADE October 19, 1966 RESOLUTION NO. 114-66 RESOLUTION APPROVING AGREEMENT FOR APPRAISAL THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery The following resolution is hereby proposed: RESOLVED by the Morro Bay City Council that that certain letter agreement by and between David Ingram, Jr., M.A.I., and the City of Morro Bay dated October 7, 1966, is hereby approved and the Mayor be and is hereby authorized and directed to sign said letter agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Surfluh and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: - AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 0 T. S. SURFLUH Mayor ATTEST: C. TED WHITE, City Clerk RESOLUTION NO. 113-66 RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY YACHT CLUB TO CONDUCT ACTIVITIES RELATING TO THE PACIFIC POWER BOAT RACE THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen & Mayor Surfluh ABSENT: Councilmen Keiser and Mallery WHEREAS, the Morro Bay Yacht Club has requested permission to use City Lease Sites 57, 58, 59 and 60 for use in conjunction with the Pacific Power Boat Race to be held October 28, 1966, the following resolution is hereby proposed: RESOLVED that the Mayor of the City of Morro Bay be and hereby is authorized and directed to execute a Use Permit Agree- ment, in the form prepared by the City Attorney, authorizing the use of City Lease Sites 57, 58, 59 and 60 from October 21, 1966, to October 31, 1966, to conduct activities relating to the Pacific Power Boat Race; and BE IT FURTHER RESOLVED that the Morro Bay Police Department and Department of Public Works are hereby authorized to restrict vehicular, pedestrian and boating traffic and to assist in traffic and parking control within the City during the time of the boat race. On motion made by Councilman Bickford and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: r. RESOLUTION NO. 113-66 PAGE TWO AYES: Councilmen Bickford, Bowen F, Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 113-66 passed by the City Council of the City of orrFf o Bay at a regular meeting thereof held on the llth day of October, 1966. DATED: C. TED WHITE, City Clerk CSEAL) RESOLUTION NO. 112-66 RESOLUTION APPROVING INSTALLATION OF AIR CONDITIONING EQUIPMENT ON LEASE SITES 91, 92, 91W and 92W, AND AUTHORIZING SIGNING OF WAIVER AND CONSENT THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery The following resolution is,hereby proposed: RESOLVED that that certain agreement entitled Waiver and Consent relating to the installation of air conditioning equipment on Lease Sites 91, 92, 91W and 92W, a copy of which is attached hereto and marked Exhibit 'A', is approved and the Mayor of the City of Morro Bay be and is hereby authorized and directed to sign said Waiver and Consent for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 I ATTEST: L�1" C. TED WHITE, City Clerk Recording Requested By UNI-PLANT LEASING COMPANY, INC. When Recorded Mail To UNI-PLANT LEASING COMPANY, INC. 720 West 8th Street Los Angeles, California WAIVER AND CONSENT Reference is made to a Rental Agreement, dated August 29 19 66 , between UNI-PLANT LEASING COMPANY and —_ Galley Cafe . Uni-Plant leasing Company property described in said Agreement requires the execution of this Waiver and Consent so that said personal property will not be deemed real estate or security for repayment of any .loan secured by a lien on or trust deed affecting real property. , The undersigned owner or lienholder of certain real property herein described agrees as follows: 1. The personal property described in said Agreement may be installed on or affixed to real property in which the undersigned has an interest as owner or lienholder or otherwise. Said property and accessions thereto shall remain UP's personal property and shall not become realty or security as a result of being. placed on or attached to real property described below. 2. The undersigned hereby expressly waives all right, title and interest in and to said personal property and accessions thereto and agrees that UP may, at a reasonable time, enter upon the premises for the purpose of detaching, removing and repossessing said personal property, regardless of the method by which it may be attached to the realty, and may remove and retake said personal property without interference, liability or accountability for damage occasioned thereby. 3. The undersigned further waives each and every right now or hereafter possessed under the laws of the State of California which may be waived and/or under the provisions of any lease now in effect or hereafter executed, to levy on or distrain for rent said personal property. 4. It is further agreed that any note secured by a deed of trust on said real estate will be endorsed to indicate that the lien of the deed of trust securing said note does not extend to the personal property referred to herein, but the failure to make such endorsement shall not Impair this Waiver and Consent. The real ro erty herein referred to is located at 6th and Embarcadero In the City of MoriPo lay California, and is more fully de 'bed a fall wss STATE OF CALIFORNIA ss STATE OF CALIFORNIA ss COUNTY OF COUNTY OF On this day of 19_, before me, the undersigned, o Notary Public in and for said County, personally appeared known to me to be the President, and , known to me to be the Secretary of , the Corporation that executed the within and foregoing instrument, and 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 same pursuant to Its By -lows or a resolution of Its Board of Directors. WITNESS my hand and official seal. On this day of 19 before me, the undersigned, a Notary Public In and for said County, personally appeared and known to me to be the person(s) whose names) subscribed to the within Instrument and acknowledged that executed the some. WITNESS my'ffand and official seal. (SEAL) Notary Public in and for sold County and State (SEAL) Notary Public In and for said County and State EXHI-B-I'l -'- A-! Resolution No. 112-6.6 _.... i-. -o I 11 CITY.OF. MORRO BAY Legal Description: Lease Sites 91 $ 92, 91W 6 92W •i Lc`^o cress 91 sncl 92, doccr;bed as folic. ss Co.Tmncir., at a point on the , 1'.or:�o pay ? *=tar front, said point of corsr-ncer._-nt being locatcq as f01lOvs- Cor�,-,0.,jcir,3 at the scuths:est coy or of State Ilde Iar-es SurveY 2Io. 10 as shown on "map of Rooua•voy of State 9-do Lairds Sarvoy No. 10 in Section 36, T 29 S, R 10 F, in :'.orib ray, Cmi Luis Obispo County, California", filed for record .in Soo'.: 4j, PaCo 10 of Records of .,arvoys, Licensed Surveyor; iJa ie, San Luis; Obispo G;anty Rccorls and roming thence S 7e 29' 42" W, 50.22 foot to a i thence runnir;, parallcl to and• 50 feet at riolit angles to tho Vestorly lirc of .said SLatc Tido Lands Survey ;.o. 10 the followir coerces and distaricoat° X 08" 039 37" 112 800.10 feet to a point; thence IJ 15y l0' ?•J, 261t.70 foot to a"` point; t crce ;i ie 530 30" ?'J 857.15 feet to the true point of c nce sent] tizonce f�aam said t. uc point of covmm-.1ccment S 7e 29' 42° l•1, 99.16 feet to a point; t".erica N 13 300 lu" 1'1, 70.62 feet to a point; t.'ienco Id 7G 29' 42" E, :a 99.92 feet to a point; the -,co S l2 530 30" u, 70.63 feet to the point of co: none^-mnt. ra ',ease-s;`ccs 91?1_e,:d:92Ji,_d ocribed. as follo:.v Cor, encii>3 at a point on Um Norm r ly Uatorfront, ai.d point of ==211cement being located as folloirsi ' `-r '' s+ Cc.:.ancx� at trio coutht.est cc-mcr of State Tide Lairds Scunmy NO. 10 as shown en ' 'ap of ^,csa:-my of Siato Tide Lands . zey No. 10 in Section 36, T 29 S, .q 10 F. J•J.D.;`...in VorrO Pay, San Luis Cbispo County, California", filet: for record in Poex ii, Pa-0 10 of Focords of Su:veya, L ceneed Surveyor's Vaps, San" Luis Oi)zs»o Coanty Recorr =4 mrrii: zhenco S 7c� 290 !:2" 'rJ, ;0.22 feet to a point; ti:enco rannir- parallel to and 50 feat at rirht cnglos to ale Westerly li c, of said Sta'.o Tide 1 _nds Survey 1,0. 10 the foLc:ria�e courses and dis"auncoat 1J Ors' C3° 37" W, 80Q.10 feet to a point; thcnco N 15` 10' ?d, 26.11.70 foot to a le 30" td, 857.15 feet to a point; thence S 7ti 29 42 4J, point; thence "J 1 99.16 feet to Me trao point of torment. nt; thence from said true point of ' "'1•':' cc-r::ence.-nt S 7e 290 42" Ws 40.T. feet to a point] thence N 13 30' 16" VIP 70.62 Scot to a point; thence 1176 29' 42" r, 40.00 foot t0 a Point; thence S 13� 30° 13" W, 70.62 foot te'the'.point of commenm-wnt. L RESOLUTION NO. 111-66 RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE TO THE MORRO BAY LIONS CLUB THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery WHEREAS, the Morro Bay Lions Club has requested permission to use various City streets to assemble and conduct the annual Halloween Parade on October 30, 1966; the following resolution is hereby proposed: RESOLVED that the Mayor of the City of Morro Bay be and hereby is authorized and directed to execute a Use Permit, in the form prepared by the City Attorney, authorizing the use of various City streets to assemble and conduct the annual Halloween Parade, said streets designated for use are generally described as Shasta Street, Morro Bay Boulevard, Main Street and Beach Street; and BE IT FURTHER RESOLVED that the Morro Bay Police Depart- ment is hereby authorized to restrict vehicular and pedestrian traffic on the parade route during the time of assembly and parade. On motion made by Councilman Bowen and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ADOPTED: October 11, 1966 ATTEST: —C-1E13 WFITTECit-�1e x QJ S. SURFLUY Mayor RESOLUTION NO. 110-66 RESOLUTION EXPRESSING APPRECIATION TO THE EL CAMINO DAHLIA SOCIETY THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen and Mayor Surfluh ABSENT: Councilmen Keiser and Mallery WHEREAS, the E1 Camino Dahlia Society has been successful in establishing the City of Morro Bay as the Dahlia City of California; and WHEREAS, the E1 Camino Dahlia Society annually conducts a dahlia show in the City of Morro Bay which has received wide spread public acclaim and national recognition for its excellence; the following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay, on behalf of the City and all its citizens, does hereby express their sincere appreciation to the E1 Camino Dahlia Society for their service to the City and hereby commends said Dahlia Society for their annual dahlia show held within the City of Morro Bay,, thereby contributing to the recognition of this City and area by the people of this State and Nation. On motion made by Councilman Bickford and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen and Mayor Surfluh NOES: None ABSENT: Councilmen Keiser and Mallery ADOPTED: October 11, 1966 ATTEST�: /7''��,� ILD Wnlit, City if erk l�c L S. SURFLUH, ayor RESOLUTION NO. 109-66 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR STREET CONSTRUCTION WORK SELECT SYSTEM PROJECT NO. 26 THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilmen Bickford WHEREAS, the City Council did, on May 24, 1966, by resolu- tion No. 54-66, award a contract for street construction (Select System Project No. 26) to Burke Construction Company; and WHEREAS, the Director of Public Works having certified that said work has been completed in accordance with the provisions of said contract; the following resolution is hereby proposed: RESOLVED that said work is accepted as completed on the 27th day of September, 1966, and the City Clerk of the City of Morro Bay is hereby directed to record in the Office of the County Recorder of the County of San Luis Obispo a Notice of Completion. On motion made by Councilman Surfluh and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None ABSENT: Councilmen Bickford ADOPTED: September 27, 1966 I �. YJ 4-ilAef—ZI J. S , M or ATTEST: t CERTIFICATION OF COMPLETION The undersigned hereby certifies that the street construction work in Select System Project No. 26 has been inspected and has been found to comply with the approved plans and specifications. It is therefor recommended that the work be accepted by the City Council and that the City Clerk be authorized to file a Notice of Completion. DATED: September 27, 1966 � SPEL�C.K it ctor o u6lic Works NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work and improvements on Select System Project No. 26, construction of street improvements on Main Street between Dunes Street (formerly 7th St.) and Surf Street (formerly 9th St.) in the City of Morro Bay has been completed by Burke Construction Company and said work'and improvements were accepted as completed by the Morro Bay City Council on the 27th day of September, 1966. 0- `- U LYM C. TED WHITE, City Clerk City of Morro Bay San Luis Obispo County, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 28th day of September , 1966. C. TED WHITE, City Clerk City of Morro Bay (SEAL) CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 109-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of September, 1966. Dated: C. Ted White City Clerk (SEAL) RESOLUTION NO. 108-66 RESOLUTION AUTHORIZING SALE OF BONDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilman Bickford WHEREAS, the City Clerk of the City of Morro Bay, San Luis Obispo County, California, has on file a list of payments received and the list of unpaid assessments in Improvement District No. 2, City of Morro Bay, San Luis Obispo County, California; and WHEREAS, aaid list of unpaid assessments showed that there is a balance of $131,364.00 in unpaid assessments; and WHEREAS, the City Clerk has advertised for bids for sale of bonds to be issued to represent all unpaid assessments; and WHEREAS, Stone & Youngberg and Associates have offered to purchase all of the bonds representing said unpaid assessments at the following price, to wit: Ninety-seven and Fifty-one Hundredths Percent (97.51%) of the principal amount thereof, plus accrued interest to date of delivery, for all of such bonds to bear interest at the rate of Five and One-half Percent (5-1/2%) per annum. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that said bonds to be issued to represent unpaid assessments be sold to Stone $ Youngberg and Associates at the price named in their bid on file herein, plus accrued interest from the date thereof until paid. 0 RESOLUTION NO. 108-66 PAGE TWO BE IT FURTHER RESOLVED that bonds shall be issued to represent all of the unpaid assessments under the provisions of the Improvement Bond Act of 1915 under the terms and conditions outlined in the Resolution of Intention, as amended, on file in these proceedings. On motion made by Councilman Bowen and seconded by Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing Resolution, on the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford ADOPTED: September 27, 1966 ATTEST: :� 2✓i Zit C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 108-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of September, 1966. Dated: C. Ted White City Clerk (SEAL) DANIEL STONE DC NJAMIN J. BAUM DON M.DANIo RICHARD P.GR000 STONE SA YOUNGBERG INVESTMENT SECURITIES 1314 RUSS BUILDING SAN FRANCISCO 94104 (415) 981-1314 MEMBERS: PACIFIC COAST STOC. Er CIIANOE September 23, 1966 City Clerk of the City of Morro Bay City Hall 595 Sixth Street Morro Bay, California Dear Sir: EO.FID W. BURNETT DAVID E.HARTLET BARRY M. NEWMAN EVERETT D. WILLIAMS EO.Po C. KERN JAMED S. SArFPAN RICMARO A. SODIRO HERMAN B. ZELLEO Pursuant to Notice of Sale dated September 13, 1966, requesting bids on $131,364.00 principal amount of City of Morro Bay Improvement Bonds, Series 1966-1, Improvement District No. 2, to be issued pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 upon the unpaid assess- ments, the terms and conditions of which notice are hereby incorporated in and madea part of this bid - we bid you: Ninety-seven and Fifty-one Hundredths Percent (97.51906 of the principal amount thereof, plus accrued interest to date of delivery, for all of such bonds to bear interest at the rate of Five and One-half Percent (5-1/2%) per annum. Enclosed is our good faith Cashier's Check in the amount of $12000.00, payable to the order of the City of Morro Bay, which we request be returned promptly in the event we are not the success- ful bidder, otherwise to be retainer and applied against the pur- chase price of the bonds. S F [1 27 1963 BJB:hs Yours very truly, STONE & YOUNGBERG AND ASSOCIATES i Benj 1, J_. aum r i / RESOLUTION NO. 107-66 RESOLUTION APPROVING FINAL MAP OF TRACT NO. 353 THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilmen Bickford WHEREAS, the Morro Bay City Planning Commission approved the final map of Tract No. 353, a portion of Lots 10 and 11 of the Rancho San Bernardo, City of Morro Bay, on the 6th day of September 1966; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council hereby approves the final map of Tract No. 353, City of Morro Bay. On motion made by Councilman Surfluh • and seconded by Councilman Keiser , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford ADOPTED: September 27, 1966 V. L_-jz-VA"- S. SURFLUH, ayor ATTEST: 0. 7 C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 107-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of September, 1966. Dated: C. Ted White City Clerk (SEAL) RESOLUTION NO. 106-66 RESOLUTION GRANTING VARIANCE TO BERNARD,A. MUNN Lot 14, Block 7, Morro Bay Vista Tract No. 3 THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh ABSENT: Councilmen Bickford WHEREAS, the Morro Bay City Planning Commission, on the 6th day of September, 1966, held a public hearing on the applica- tion of Bernard A. Munn requesting a variance to allow a reduction in side lot line setback requirements; and WHEREAS, said Planning Commission, after due considera- tion and public hearing, recommended to the City Council that the aforesaid variance be granted; the following resolution is hereby proposed: RESOLVED that a variance to allow a reduction in side lot line setback is hereby granted to Bernard A. Munn in conformance with the plot plan and application on file in the Planning and Building Department of the City dated August 8, 1966. On motion made by Councilman Keiser and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing pro- posed resolution on the following roll call vote: AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh NOES: None ABSENT: Councilman Bickford ADOPTED: September 27, 1966 S. SURFLUH, Mbyor ATTEST: C ' did_ Z. It]) W111E, City Clerk CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 106-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of September, 1966. Dated: C. e ite City Clerk (SEAL) r RESOLUTION NO. 105-66 RESOLUTION RECOMMENDING DENIAL OF REQUEST FOR CHANGE OF ZONING AND SETTING DATE FOR HEARING THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bowen, Keiser, Mallery, and Mayor Surfluh ABSENT: Councilman Bickford WHEREAS, the Morro Bay City Planning Commission did, on the 6th day of September, 1966, hold a public hearing on a peti- tion praying for the amendment of the Zoning Ordinance of the City of Morro Bay to provide for the rezoning of Block 1, Morro Rock Park Tract, City of Morro Bay, from M-1 to M-1-d, the "d" denoting a height restriction of 15 feet; and WHEREAS, said Planning Commission,by Resolution No. 4-66 passed and adopted on September 20, 1966, recommend to the Morro Bay City Council the denial of said petition requesting rezoning; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council will hold a public hearing on October 25, 1966, at 7:30 P.M. in the Morro Bay Recreation Hall at Dunes and Shasta Streets, Morro Bay, California, to consider the matter of denial of a petition requesting rezoning of Block 1, Morro Rock Park Tract, City of Morro Bay, from M-1 to M-1-d as recommended by the City Planning Commission; and BE IT FURTHER RESOLVED that the City Clerk be and is here- by directed to publish one time in a newspaper of local circulation within fifteen (15) days from the date of adoption of this resolution, a notice, to wit: RESOLUTION NO. 105-66 PAGE TWO "NOTICE OF PUBLIC HEARING" "NOTICE IS HEREBY GIVEN that the City Council of the City of Morro Bay will conduct a public hearing on Tuesday, October 25, 1966, at 7:30 P.M. in the Morro Bay Recreation Hall to consider the matter of denial of a petition requesting rezoning of Block 1, Morro Rock Park Tract, City of Morro Bay, from M-1 to M-1-d as shown on the map marked Exhibit 'A' attached hereto and by reference made a part hereof." On motion made by Councilman Keiser and seconded by Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bowen, Keiser, NOES: None ABSTAINED: Councilman Mallery ABSENT: Councilman Bickford ADOPTED: September 27, 1966 ATTEST: (2 �� L TCity CLerK and Mayor Surfluh ' 1 t / 4__�� rAF o / . CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resoluiton No. 105-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of September, 1966. Dated: Ted White City Clerk (SEAL) mini Block 1, Morro Rock Park Tract, City of Morro Bay Request for zone change from M-1 to M-1-d, "d" to denote a maximum building height of 15 feet. 0 EXHIBIT 'A' RESOLUTION NO. 105-66 RESOLUTION NO. 104-66 RESOLUTION APPROVING LEASE AND OPTION AGREEMENT FOR FIRE APPARATUS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby approve that certain agreement relative to the leasing of fire safety appa- ratus with option to purchase, a copy of which is attached hereto and by reference made a part hereof; and 13E IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Bowen, the foregoing resolution is hereby adopted in its entirety by the City Council of the City of Morro Bay on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: September 13, 1966 S. SURFLUH ayor ATTEST: 0 "-).j '7 �r C. TED WHITE, City Clerk LEASE AND OPTION AGREEMENT THIS AGREEMENT made and entered into this day of 191 by and between Coast Apparatus, Inc. hereinafter called the Lessor, and CITY OF MORRO BAY hereinafter called the Lessee, W I T N E S S E T H: 1. That Lessor leases unto the Lessee and Lessee hereby hires of and from the Lessor the property described in.Schedule A -attached. hereto. 2. This lease shall be for a period of 10 months from and including the 30 days of September , 79 66 , to and including the 30 day of June , 19The Lessee agrees to pay to the Lessor and the Lessor agrees to accept for payment for hire of the property described in Schedule A the sum of $ 3,107.62 due and payable on the 30th day of June 19 1 , of which $ 2,561.71 is allocable to principal and to interest. 3. In consideration of said rentals and agreements on the part of the Lessee hereinafter contained, Lessee shall have and is hereby granted an option to renew this lease for 5 extended periods of 12 months each, the first extended period commencing on the. lst day of July 19 67 . The rental for said extended periods shall be as follows: Rental Period Allocable to Allocable to Due Beginning Amount Principal Interest Date 7-1-67 $3,171.61 $2,561.71 $609.90 6-3b-68 7-1-68 3,041.63 2,561.71 479.92 6-30-69 7-1-69 2,921.65 2,561.71 359.94 6-30-70 7-1-70 2,801.67 2,561.71 239.96 6-30-71 7-1-71 2,683.69 2,561.71 121.98 6-30-72 Use by Lessee of property after date of termination of any rental period shall constitute an exercise of the option to renew for an additional rental period as herein provided. 4. It is further stipulated and agreed that the Lessee shall have and it is hereby granted, provided it shall have performed all of the terms and conditions of the lease incumbent upon it to be per- formed under the terms hereof as herein set forth and in consideration 1. P of the payment of the rental for the term of this lease or any renewal thereof an option to purchase the property described in Schedule A, in condition "as is" upon the last day of any rental period for the price set forth in the following table, to wit: Rental Period Allocable to Allocable to Due Ending Amount Principal Interest Date 6-30-67 $15,916.17 $15,370.26 $545.91 6-30-67 6-30-68 13,418.45 12,808.55 609.90 6-30-68 6-30-69 10,726.76 10,246.84 479.92 6-30-69 6-30-70 8,045.07 7,685.13 359.94 6-30-70 6-30-71 5,363.38 5,123.42 239.96 6-30-71 6-30-72 2,683.69 2,561.71 121.98 6-30-72 5.. In the event the Lessee defaults in the payment of any amount due or to become due under the terms of this Lease or defaults in the performance of any terms or conditions hereof, all of Lessee's rights hereunder shall, at the option of the Lessor, be terminated and the Lessor shall become entitled to possession of the property, to retain all rentals theretofore paid and Lessee agrees upon demand to pay Lessor all rentals and any other sums owing and unpaid up to the date of termination. 6.. Lessee agrees that the said property will be used by Lessee for the ordinary and usual work for which it is designed. It is further stipulated and agreed that during the term of this lease, Lessee shall be responsible for and.shall pay all charges for upkeep and storage of said property and shall make, at its own expense, any and all repairs and supply and pay for any and all parts and acces- sories needed to maintain and operate said property in proper condition and good running order, and that at the end of aforesaid term -or —any -- other terminations thereof, as aforesaid, the Lessee shall redeliver said property, to Lessor, in as good condition as when delivered to Lessee, reasonable wear and tear excepted; but any and all damage or depreciation caused by accident, negligence, fire, the elements or other casualty, or by ailure or neglect to make repairs as needed, is not excepted; provided, however, if said Lessee shall exercise its option to renew this lease as is herein provided, then and in that event said property shall not be redelivered to Lessor, but shall be retained by Lessee. 7. Lessee agrees to be liable for and to pay and satisfy every claim and liability arising against said property during the term of this lease and Lessee agrees to defend at. Lessee's own ex- pense, any and all actions brought against either or both of the 2. parties hereto for damages to persons, or property, caused by said property, or by its use, and to hold Lessor free and harmless of and from any and all claims and demands which may arise in connection with said property, during,the term of this lease, or any renewal thereof; upon request Lessee will obtain and keep in force insurance protecting Lessor against such claims and demands and against loss of or damage to said property by fire or other hazard, in form, amount, and issued by companies satisfactory to Lessor. S. Lessee shall pay and discharge all license fees, assess- ments and sales, use, property and other tax or taxes which either Lessee or the Lessor is lawfully obligated to pay which are now or hereafter lawfully imposed by any State, Federal, or local government upon any property hereby leased based upon the ownership, leasing, renting, sale, possession, or use of said property whether the same be assessed to Lessor or Lessee, together with any penalties or interest in connection therewith, excepting Federal,,State, or local govern- mental taxes', or payments in lieu thereof, imposed upon or measured by income of the Lessor. If any tax is, by law, to be assessed or billed to Lessor, Lessee at its expense will do any and all things which Lessor would have been required to_do in connection with the levy, assessment, billing, or payment of such taxes and is hereby authorized by Lessor to act for and on behalf of Lessor in any and all such respects; Lessee will cause all billings of such taxes to__ Lessor to be made to it in care of Lessee -and -will from time to times on request of Lessor, submit written --evidence of the payment of all of the governmental obligations mentioned in this paragraph if any such payments have been required to be made. The Lessee will, on any property tax returns required to be filed by it, include the prop- erty covered by this Lease or any substitutions or additions thereto as property possessed by the Lessee for the purpose of tax assessments. Without limiting the generalities of the foregoing, it is further under-. stood and agreed that the amount of rental and sales price as herein fixed is based upon the theory that said transaction is not subject to or is exempt from payment of the Federal Manufacturer's Excise Tax, and Lessee agrees to furnish to the Lessor all certificates and other documents necessary to secure exemption from said excise tax; and in the event said.exemption cannot be obtained or the Lessor is obliged for any reason to pay such tax or any other levies imposed by any governmental authority, the Lessee will pay to the Lessor on its demand the amount of any and all such charges. 9. Lessor cover -ants that it is the sole owner of said property and that no other person., party, firm or corporation has any right, title or interest in or to same and that during the term of this lease or any renewal thereof said Lessor will not sell or encumber said prop- erty, or any interest therein, except subject to the rights given the Lessee by virtue of this lease. Nothing contained herein in this para- graph 9 shall prohibit the Lessor from assigning all of its right, title 3. and interest in and to the Lease and Option Agreement, the property described therein.and all monies to become due thereunder. 10. In the event that Lessee shall exercise all options to renew this lease and shall comply with all the provisions of this lease on its part tobe kept and performed, then'and in the event upon the termination of said option renewal of said lease all the right, title and interest of said Lessor in and, to said property shall vest in and become the property of said Lessee and said Lessor covenants that it will thereupon execute to Lessee, a bill of sale of all its right, title and interest in and to said property as evidence of said transfer of title, anything in this lease to the contrary notwithstanding. 11. THIS AGREEMENT shall, in every respect, be binding on the parties hereto, and their respective successors and assigns. 12. Lessee acknowledges receipt of an exact copy of this agreement. IN WITNESS WHEREOF; the parties hereto have hereunto set their hands and seals the' ay and year first above written. Coast Apparatus, Inc. Lessor By title CITY OF MORRO BAY Lessee (-Yiayor, City p Morro Ba)title By. title Apr ed for Lessee By _ title By .� L By City Attorne title title 4. ti / -No SCHEL LEASE AND OPTION AGREEMENT: SCHEDULE DESCRIPTION OF PROPERTY: Howe -Model H.T.P: Fire Truck Ford F350 Chassis F35YR861939 High -Fog Pump Model 2300- — Serial 3065 0 APPROVED AND AGREED TO this day of I , 19 as a schedule to and a part of Lease and Option Agreement dated the day of 19 Coast Apparatus, Inc. CITY OF MORRO BAY Lessor By. title Approved for Lessee By City Att y title Lessee n rI / By Mayor, City of "'jorrc Bay title By title By title c-z title FOR VALUE RECEIVED, the undersigned does hereby sell, assign, and transfer to BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, hereinafter called "Bank" all of its right, title, and interest in and to that certain Lease Agreement dated the day of . , 19 entered into by and between the undersigned as Lessor and CITY,OF MORRO BAY as Lessee, the property therein described and all monies to become due thereunder. In consideration of the pur- chase of this Lease Agreement, the undersigned agrees, in the event.the Lessee defaults in making .any payment due under said lease at the time and in the manner therein specified, or in event that'the Lessee fails to renew the said lease, to pay on demand to the Bank the rentals due or to become due under the said lease, together with all rentals which would have become due had all the ' options in said lease been exercised. Upon payment of said sums by undersigned, the BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION agrees to reassign the lease.and any rights to the property derived by virtue hereof or by virtue of said lease. The undersigned hereby consents that the Bank, or its successors or assigns, may without notice extend the time for payment under said agreement, waive the performance of such terms and conditions as it, or they, may determine, and make any reasonable settlement thereunder, without affecting or limiting the undersigned's lia- bility hereunder. The undersigned warrants that said lease arose out of a bona fide transaction and is enforceable in accordance with the terms and conditions set forth therein, that said lease is in conformance with all provisions of the Constitution of the State of.California, California State and local laws and that all applicable laws have been complied with. The undersigned furtherw agrees that in the event said lease is for any reason unenforce- able against the Lessee, it will pay to Bank all rentals due or to become due under the said lease together with all rentals which would have become due had all the options in said lease been exercised. The undersigned waives the provisions of Section 2845, 2849 and 2850 of the Civil Code of California. Dated this day of , 19 title By title RESOLUTION NO. 103-66 RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, the period for collection of assessments in Improve- ment District No. 2, City of Morro Bay, County of San Luis Obispo, State of California, has terminated; and WHEREAS, it is necessary to fix the date of bonds to be issued and authorize sale of bonds which will be issued to represent unpaid assessments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that bonds issued in said proceedings shall be dated October 2, 1966, and shall bear interest from said date; and BE IT FURTHER RESOLVED that the City Clerk is hereby autho- rized to publish Official Notice Inviting Bids for the purchase of bonds, which Notice is attached hereto, marked "EXHIBIT A" and made a part hereof, said bids to be received at the hour of 2:00 o'clock P.M. on the 27th day of September, 1966, in the office of the City Clerk of the City of Morro Bay, City Hall, S9S Harbor Street, Morro Bay,California, at which said time and place said proposals will be publicly opened, examined and declared; and BE IT FURTHER RESOLVED that said Notice shall be published twice, once a week for two C2) successive weeks; and BE IT FURTHER RESOLVED THAT the amortization schedule of RESOLUTION NO. 103-66 Page Two said bonds be as set forth in "Exhibit A" attached hereto. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ABSENT: None ADOPTED:September 13, 1966 S. SURF Mayor ATTEST: C. TED WHITE, City Clerk OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Morro Bay at the office of the City Clerk, City Hall, 595 Harbor Street, Morro Bay, California, on September 27, 1966, at 2:00 o'clock P.M. of said day, for the purchase of $131,364.00 principal amount of bonds of the City of Morro Bay, designated as "Improvement Bonds, Series No. 1966-1, Improvement District No. 2, City of Morro Bay, San Luis Obispo County, California". These bonds are authorized to be issued under the provisions of Resolution of Intention No. 166-65, as amended, of the City Council of the City of Morro Bay, which Resolution of Intention, as amended, was adopted on the 28th day of December, 1965, and proceedings subsequent there- to. The Resolution of Intention, as amended, provides with relation to said bonds as follows: NOTICE IS HEREBY GIVEN that serial bonds shall be issued in the manner and form provided in Division 10 of the Streets and Highways Code of the State of California (The Improvement Bond Act of 1915) to represent unpaid assessments, which bonds shall bear interest at the rate of not more than six per cent (6%) per annum, the last installment of which bonds shall mature fourteen (14) years from the 2nd day of July next succeeding ten months from their date. MATURITIES AND AMOUNT: Said bonds will be in the total amount of $131,364.00. Maturities of bonds will be as follows: Maturing July 2nd Each Year Amount 1968 $ 8,364.00 1969 8,000.00 1970 8,000.00 1971 8,000.00 1972 8,000.00 1973 8,000.00 1974 8,000.00 1975 9,000.00 1976 9,000.00 1977 9,000.00 1978 9,000.00 1979 9,000.00 1980 10,000.00 1981 10,000.00 1982 10,000.00 "EXHIBIT A" All bonds will be in denominations of $1,000.00, except one bond the first year will be in the amount of $364.00. DATE OF BONDS AND INTEREST RATE: Bonds are to be dated the 2nd day of October, 1966, and will bear interest from said date. Interest rate is fixed in the Resolution of Intention, as amended, at not more than six per cent (6%) per annum. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six months' interest on the bond to which it is attached. The first coupon will be for interest from October 2, 1966 to January 2, 1968. PAYMENT: Both the principal and interest are payable in lawful money of the United States at the office of the Treasurer of the City of Morro Bay, located in the City Hall, Morro Bay, California. CALLABLE BONDS: All bonds are callable pursuant to the pro- visions of the Improvement Bond Act of 1915 twice a year. No bonds may be called except on July 2 or January 2 and there must bea sixty day notice of call. Any bond called will have interest to date of call and a premium of five per cent (5%) of the principal amount. PURPOSE OF ISSUE Said bonds ,are authorized to be issued by the City Council of the City of Morro Bay, San Luis Obispo County, California, by Resolution of Intention No. 166-65, as amended, and proceedings subsequent thereto. The purpose is to provide sewer and water improvements for an area on the eastern boundary of the City. It lies on both sides of State Highway No. 1. The zoning is highway frontage and agricultural. The area is about 20 per cent improved at the present time. These improvements are within the boundaries of the assessment district designated, "Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California," and reference for all details is made to the proceedings for the formation and completion of said assessment district. -2- 0 0 AUTHORITY FOR ISSUANCE: Said bonds were authorized to be issued by the proceedings in said assessment district, and said assessment district was organized and consummated under the provisions of the Municipal Improvement Act of 1913, and bonds provided to be issued under the Improvement Bond Act of 1915 of the State of California. SECURITY: Said bonds are payable from the redemption fund provided by law which is secured by all of the unpaid assessments within the boundaries of said district. The City Council has the power and is obligated annually, in the event of delinquency of any install- ment of assessment, to either advance from the general fund or levy a tax upon all the taxable real property within the City of Morro Bay, sufficient to pay such delinquency up to a maximum of 10� on each $100.00 of assessed valuation, as shown on the last equalized assess- ment roll. The obligation to make said levy endures through the life of the bond issue. The assessed valuation of all taxable real property in the City of Morro Bay for the fiscal year 1966-1967 is $47,162,270.00. LEGAL OPINION: The legal opinion of the law firm of Sturgis, Den -bulk, Douglass $ Anderson, 1322 Webster Street, Oakland, California, approving the validity of said bonds will be furnished to the success- ful bidder without charge. HIGHEST BID: Bidders are requested to name the interest rate Or rates, not exceeding six per cent (6%) per annum in multiples of 1/8 or 1/20 of one per cent (1%). Each bidder must specify in his bid the amount and maturities of the bonds of each rate and all bonds maturing on the same date must bear interest at the same rate. No bid may name more than four interest rates, any of which may be repeated. No rate may be more than one per cent (1%) higher than the lowest rate -3- 0 named in the bid. The interest payable on any bond on any interest payment date may, however, be represented by one or more coupons. A zero rate cannot be named for all or any of the time from the date of the bond to its stated maturity and the premium, if any, must be paid in the funds specified for payment of the bonds as part of the purchase price. Unless all bids are rejected, the bonds will be awarded to the bidder whose proposal results in the lowest net interest cost to the issuer, and the net interest cost will be deter- mined by deducting the amount of any premium paid from the aggregate amount of interest upon all of the bonds from their date until their respective maturities. RIGHT OF REJECTION: The City of Morro Bay reserves the right at its discretion to reject any and all bids and to waive any irregularity or informality in any bid. Any bid submitted must be in strict conformity with this Notice of Sale and without any qualifi- cation. PROMPT AWARD_ The City Council will take action awarding the bonds or rejecting all bids not later than forty-eight (48) hours after the expiration of the time herein prescribed for the receipt of proposals; provided that the award may be made after the expiration of the specified time if the bidder shall not have given the City Council notice in writing of the withdrawal of such proposal. PROMPT DELIVERY: Delivery of the bonds will be made to the successful bidder at the office of the Treasurer of the City of Morro Bay, City Hall, 595 Harbor Street, Morro Bay, California, as soon as bonds can be prepared. FORM OF BID: All bids must be for not less than all of the bonds herein offered for sale, and for not less than ninety-five per cent (95%) of par value thereof and accrued interest to date of delivery. Each bid, together with bidder's check, must be enclosed -4- N in a sealed envelope addressed to the City Clerk, City Hall, 595 Harbor Street, Morro Bay, California, and endorsed, "Proposal for Improvement Bonds, Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California." BID CHECK: With each bid must be submitted a certified check or cashier's check for $1,000.00 drawn on a bank or trust company transacting business in the.State of California, payable to the order of the City of Morro Bay, to secure the City from any loss resulting from the failure of the bidder to comply with the terms of that bid. Checks of the unsuccessful bidders will be returned by the City of Morro Bay by mail upon the award of the bonds. No interest will be paid upon the deposit made by any successful bidder. NO LITIGATION CERTIFICATE: There is no controversy or liti- gation pending or threatened concerning the validity of the bonds, and the City will furnish a no litigation certificate certifying to the foregoing as of the time of the delivery of the bonds. DATED: September 13, 1966 City Clerk City of Morro Bay, San Luis Obispo County, California -5- RESOLUTION NO. 102-66 RESOLUTION RE: APPRAISER FOR MORRO BAY HARBOR THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh ABSENT: Councilman Mallery The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay, having reviewed the work to date of David Ingram, M.A.I. appraiser, regarding the appraisal of certain waterfront property in Morro Bay Harbor lying generally between Beach Street (formerly 8th St.) and South Street in the City of Morro Bay hereby expresses its general satisfaction with said work to date; and BE IT FURTHER RESOLVED that the Morro Bay City Council hereby approves, ratifies and confirms all previous actions of the Council regarding the retention of said David Ingram for said appraisal services and the amount of fees to be paid for said ser- vices, including the action of the City Council taken in executive session on July 26, 1966. On motion made by Councilman Keiser and seconded by Council- man Bickford, the foregoing resolution is hereby adopted in its entirety by the City Council of the City of Morro Bay on the following roll call vote: AYES: Councilman Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSENT: Councilman Mallery ADOPTED: September 13, 1966 J. S. SURFLUH ayor ATTEST: RESOLUTION NO. 101-66 RESOLUTION APPROVING COOPERATIVE AGREEMENT FOR HIGHWAY LIGHTING AT THE NORTH MORRO UNDERCROSSING THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby approve that certain agreement relative to the installation of highway lighting at the North Morro Bay Undercrossing, within the City of Morro Bay, a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Surfluh and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: . AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: None ADOPTED: August 23, 1966 J. S. SURFLU Mayor ATTEST: �:w 7J C. TED WHITE, City Clerk RESOLUTION NO. 100-66 RESOLUTION GRANTING PERMISSION TO MORRO BAY HIGH SCHOOL PTA TO USE CITY PROPERTY THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, the Morro Bay High School Parents -Teachers Associ- ation has requested permission to use City property for a fund raising project consisting of the sale of food'and beverages from a portable sales stand, said sales to be held in conjunction with the 1966 Rock- O-Rama celebration and parade on September 3, 1966; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council hereby approves the aforementioned use on the date specified, and the Mayor be and is here- by authorized and directed to execute a use permit, in a form pre- pared by the City Attorney, authorizing the use of the following described property: That portion of Block 1, Morro Heights, City of Morro Bay, bounded by Harbor Street and Morro Bay Boulevard and known as Morro Bay Park, and that property generally described as the area bounded on the east by Morro Rock Park and on the west by Morro Rock, within the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 100-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: August 23, 1966 S. SURFLUH ayor ATTEST: 0 �� 2.JA C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoingis a true and correct copy of Resolution No. 100-66 passed by the City Council of the City o -Morro Bay at a regular meeting thereof held on the 23rd day of August , 1966. DATED: C. TED WHITE, City Clerk (SEAL) RESOLUTION NO. 99-66 RESOLUTION SETTING TAX RATE FOR 1966-67 FISCAL YEAR FOR SEWER BOND REDEMPTION T H E C I T Y C O U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, on the date of Incorporation, certain property within the Morro Bay Sanitary District was subject to a bonded indebtedness requiring future bond interest and redemption pay- ments; and WHEREAS, interest and redemption funds are serviced and maintained by the Treasurer of the County of San Luis Obispo, and he has determined that the tax rate required to provide payment for said bonds is four cents ($.04) per One Hundred Dollars of assessed valuation; and WHEREAS, the County Treasurer has recommended that said tax rate of four cents be adopted by the Morro Bay City.Council; the following resolution is hereby proposed: RESOLVED that the total tax rate on the appropriate taxable property within the City of Morro Bay,which was formerly within the Morro Bay Sanitary District as shown upon the assessment rolls of the County of San Luis Obispo, be and is hereby fixed at four cents ($.04) per One Hundred Dollars of assessed valuation; andf BE IT FURTHER RESOLVED that all taxes collected from the aforementioned tax rate on each One Hundred Dollars of assessed valuation as shown on the assessment rolls be apportioned for Sewer Bond Redemption. On motion made by Councilman Bickford and seconded by Resolution No. 99-66 Page Two Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh NOES: None ADOPTED: August 23, 1966 � r i r 11R UHOY ATTEST: TLD i�, City C erk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 99-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of August , 1966. DATED: C. TED WHITE, City Clerk City of Morro Bay, California (SEAL) RESOLUTION NO. 98-66 RESOLUTION SETTING TAX RATE FOR 1966/67 FISCAL YEAR FOR GENERAL FUND PURPOSES THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, the final budget of the City of Morro Bay for the Fiscal Year 1966/67 having been approved and adopted by Ordinance No. 46 on June 28, 1966; and WHEREAS, the assessed valuation for the City of Morro Bay has been received from the Office of the Auditor -Controller of the County of San Luis Obispo with a final -equalized assessed valu- ation of $47,162,270; the following resolution is hereby proposed: RESOLVED that the total tax rate on taxable property within the City of Morro Bay for the Fiscal Year 1966-67 be and is hereby fixed at $. 79 on each One Hundred Dollars of the assessed valuation as established for City tax purposes and shown upon the assessment rolls of the County of San Luis Obispo; and BE IT FURTHER RESOLVED that all taxes collected from the aforementioned tax rate on each One Hundred Dollars of assessed valuation be apportioned to the City General Fund. On motion made by Councilman Surfluh and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: August 23, 1966 1 S. SURFLUH, AYOR ATTEST: �r Z. 5'EbWHITE—,City C er�c — RESOLUTION NO. 97-66 RESOLUTION EXPRESSING APPRECIATION TO STATE SENATOR VERNON L. STURGEON THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, since the date of Incorporation of the City of Morro Bay, many matters relating to the growth and development of a new City have required the attention of our State Legislators in order to insure the best interest of the City; and WHEREAS, the value of effective representation by those dedicated to serve the best interests of all the people is of inestimable value; and WHEREAS, Senator Vernon L. Sturgeon, representing the people of the 29th Senatorial District, of which the City of Morro Bay is a part, has provided said City with immeasurable help and assistance in a manner which is exemplorary of the highest ideals of a dedicated representative of the people of the State of California; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council hereby extends their sincerest appreciation and heartfelt thanks to State Senator Vernon L. Sturgeon for his efforts on behalf of the City of Morro Bay and its citizens. On motion made by Councilman Mallery and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 97-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: August 23, 1966 J. . SURFLUH, Djdor ATTEST: ( ; �� J/ �✓ C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 97-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of August , 1966. DATED: C. TED WHITE, City Clerk RESOLUTION NO. 96-66 RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR GEORGE MURPHY IN PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF MORRO BAY, THE STATE OF CALIFORNIA AND THE NATION. THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery F, Mayor Surfluh ABSENT: None WHEREAS, Senator George Murphy has worked long and dili- gently towards the preservation of Morro Rock, one of California's most outstanding scenic landmarks; and WHEREAS, Senator Murphy actively supported legislation which was successfully passed to transfer the full title and interest of Morro Rock from the Federal Government to the State of California; and WHEREAS, said legislation will insure the continued exis- tence of Morro Rock as a landmark of rare, historic value and scenic beauty; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council, on behalf of its citizens, hereby extends their heartfelt thanks to Senator Murphy for his concerted and successful efforts to preserve, for all time, for the people in this City, State and Nation that rare and unique land- mark known as Morro Rock. On motion made by Councilman Bowen and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: RESOLUTION NO. 96-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: August 23, 1966 ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 96-66 passed by the City Council of the City of orr� any at a regular meeting thereof held on the 23rd day of August , 1966. DATED: C. TED WHITE, (SEAL) RESOLUTION NO. 95-66 RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR THOMAS KUCHEL IN PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF MORRO BAY, THE STATE OF CALIFORNIA AND THE NATION. THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, Senator Thomas Kuchel has worked long and dili- gently towards the preservation of Morro Rock, one of California's most outstanding scenic landmarks; and WHEREAS, Senator Kuchel actively supported legislation which was successfully passed to transfer the full title and interest of Morro Rock from the Federal Government to the State of California; and WHEREAS, said legislation will insure the continued existence of Morro Rock as a landmark of rare historic value and scenic beauty; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council, on behalf of its citizens, hereby extends their heartfelt thanks to Senator Kuchel for his concerted and successful efforts to preserve for all time for the people in this City, State and Nation that rare and unique landmark knownas Morro Rock. On motion made by Councilman Bickford and seconded by Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll. call vote: RESOLUTION NO. 95-66 PAGE TWO AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED: August 23, 1966 119 VS. SURFLUH, M or ATTEST: 0. '��Xj ?-✓Ase . C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 95-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of -August , 1966. DATED: C. TED WHITE (SEAL) 0- RESOLUTION NO. 94-66 RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF CONGRESSMAN BURT L. TALCOTT IN PRESERVING MORRO ROCK FOR THE PEOPLE OF THE CITY OF MORRO BAY, THE STATE OF CALIFORNIA AND THE NATION. THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None WHEREAS, Congressman Burt L. Talcott has worked long and diligently towards the preservation of Morro Rock, one of California's most outstanding scenic landmarks; and WHEREAS, Congressman Talcott introduced legislation which was successfully passed to transfer the full title and interest of Morro Rock from the Federal Government to the State of California; and WHEREAS, said legislation will insure the continued existence of Morro Rock as a landmark of rare historic value and scenic beauty; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council, on behalf of its citizens, hereby extends their heartfelt thanks to Congressman Talcott for his concerted and successful efforts to preserve for all time for the people in this City, State and Nation that rare and unique land- mark known as Morro Rock. On motion made by Councilman Councilman Keiser Bowen and seconded by the City Council of the City of Morro Bay hereby adopts in its -entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED:August 23, 1966 i J. S. SURFLUH, dUyor ATTEST: �J -fiEb WHITE, City Cler c RESOLUTION NO. 93-66 RESOLUTION ESTABLISHING MATURITY SCHEDULE FOR BONDS TO BE ISSUED IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. WHEREAS, the City Council of the City of Morro Bay, San Luis Obispo County, California, by its Resolution of Intention No. 166-65, as amended, provided that bonds to be issued to represent unpaid assess- ments would be issued in accordance with the provisions of Division 10 (The Improvement Bond Act of 1915) of the Streets and Highways Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the maturity schedule for the bonds to be issued in said Improvement District No. 2, being Series No. 1966-1, shall be as shown on"Exhibit A" annexed to this Resolution, which maturity schedule is, by this reference, incorporated herein and made a part hereof. On motion made by Councilman Bowen and seconded by Councilman Surfluh , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing Resolution, on the following roll -call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: Councilmen Adopted: Aga.''s - a3 N\Ck1°l0 ATTEST: mr/a - ,I � ,. MATURITY SCHEDULE FOR BONDS TO BE ISSUED IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. Maturing July 2nd of Each Year Amount 1968 $ 82864.00 1969 8,750.00 1970 8,750.00 1971 8,750.00 1972 8,750.00 1973 8,750.00 1974 8,750.00 1975 8,750.00 1976 8,750.00 1977 8,750.00 1978 8,750.00 1979 8,750.00 1980 8,750.00 1981 82750.00 1982 8,750.00 Total - $131.,3644.00 All bonds will be in denominations of $1,000.00, except one bond each year will be in the amount of $750.00 and one bond the first year will be in the amount of $864.00. RESOLUTION NO. 92-66 RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.- WHEREAS, the period for collection of assessments in Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California, has terminated; -and [,WHEREAS, it is necessary to fix the date of bonds to be issued and authorize sale of bonds which will be issued to represent unpaid assessments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that bonds issued in said,proceedings shall be dated October 2, 1966, and shall bear inte- rest from said date; and BE IT FURTHER RESOLVED that the City Clerk is hereby autho- rized to publish Official Notice Inviting Bids for the purchase of bonds, which Notice is attached hereto, marked "EXHIBIT A" and made a part hereof; said bids to be received at the hour of 2:00 o'clock P.M. on the 13th day of September, 1966, in the office of the City Clerk of the City of Morro Bay, City Hall, 595 Sixth Street, Morro Bay, California, at which said time and place said proposals will be publicly opened, examined and declared; and BE IT FURTHER RESOLVED that said Notice shall be published twice, once a week for two (2) successive weeks; and BE IT FURTHER RESOLVED that the amortization schedule of said bonds be as set forth in "Exhibit A" attached hereto. On me -)n made by Councilman Surfluh and seconded by Councilman Bickford the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing Resolution, on the following roll -call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: Councilmen Adopted: P,%Azy " 2 3, N`1L06 J� i ATTEST: 0 '- 2- C. TED WHITE, CITY CLERK OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS, IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY. CALIFORNIA NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Morro Bay at the office of the City Clerk, City Hall, 595 Sixth Street, Morro Bay, California, on September 13, 1966, at 2:00 o'clock P.M. of said day, for the purchase of $131,364.00 principal amount of bonds of the City of Morro Bay, designated as "Improvement Bonds, Series No. 1966-1, Improvement District No..2, City of Morro Bay, San Luis Obispo County, California. These bonds are authorized to be issued under the provisions of Resolution of Intention No. 166-6S, as amended, of the City Council of the City of Morro Bay, which Resolution of Intention, as amended, was adopted on the 28th day of December, 1965, and proceedings subsequent there- to. The Resolution of Intention, as amended, provides with relation to said bonds as follows: NOTICE IS HEREBY GIVEN that serial bonds shall be issued in the manner and form provided in Divi- sion 10 of the Streets and Highways Code of the State of California (The Improvement Bond Act of 1915) to represent unpaid assessments, which bonds shall bear interest at the rate of not more than six per cent (6%) per annum, the last installment of which bonds shall mature fourteen (14). yearsfrom the 2nd day of July next succeed- ing ten months from their date. MATURITIES AND AMOUNT: Said bonds will be in the total amount of $131,364.00. Maturities of bonds will be as follows: Maturing July 2nd Each Year 1968 1969 1970 1971 1972 1973 1974 197S 1976 1977 1978 1979 1980 1981 1982 .Amount $ 8,864.00 f-3 8,7SO.00 8,7SO.00 8,750.00 8750.00 y 8,,750.00 G�ctu 8,7SO.00 8,750.00 9-- 8,7SO.00 8,750.00 8,750.000 8,750.00,/ 8,7SO.00:'' 8,750.00.' 8,7SO.00 !J All bonds will be in denominations of $1,000.00, except one bond each —year will-be--in—the—amount- of $7SO.0'0'-and orie bond the first year will be in the amount of S864.00_ DATE OF BONDS AND INTEREST RATE: Bonds are to be dated the 2nd day of October, 1966, and will bear interest from said date'. Interest rate is fixed in the Resolution of Intention, as amended, at not more than six per cent (6%) per annum. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six months' interest on the bond to which it is attached. The first coupon will be for interest from October 2, 1966 to January 2, 1968. PAYMENT: Both the principal and interest are payable in lawful money of the United States at the office of the Treasurer of the City of Morro Bay, located in the City Hall, Morro Bay, California. CALLABLE BONDS All bonds are callable pursuant to the provisions of the Improvement Bond Act of 1915 twice a year. No bonds may be called except on July 2 or January 2 and there must be a sixty day notice of call. Any bond called will have interest to date of call and a premium of five per cent (5%) of the principal amount. PURPOSE OF ISSUE: Said bonds are authorized to be issued by the City Council of the City of Morro Bay, San Luis Obispo County, California, by Resolution of Intention No. 166-65, as amended, and proceedings subsequent thereto. The purpose is to pro- vide sewer and water improvements for an area on the eastern boundary of the City. It lies on both sides of State Highway No. 1. The zoning is highway frontage and agricultural. The area is about 20 per cent improved at the present time. These improvements are within the boundaries of the assessment district designated,"Improvement District No. 2, City of Morro Bay, County of San Luis Obispo,State of California," and reference for all details is made to the proceedings for the for- mation and completion of said assessment district. AUTHORITY FOR ISSUANCE Said bonds were authorized to be issued by the proceedings in said assessment district, and said assessment district was organized and consummated under the provisions of the Municipal Improvement Act of 1913, and bonds provided to be issued under The Improvement Bond Act of 1915 of the State of California. SECURITY: Said bonds are payable from the redemption fund provided by law which is secured by all of the unpaid assessments within the boundaries of said district. The City Council has the power and is obligated annually, in the event of delinquency of any install- ment of assessment, to either advance from the general fund or levy a tax upon all the taxable real property within the City of Morro Bay sufficient to pay such delinquency up to a maximum of 10(, on each $100.00 of assessed valuation, as shown on the last equalized assess- ment roll. The obligation to make said levy endures through the life of the bond issue. The assessed valuation of all taxable real property in the City of Morro Bay for the fiscal year 1966-1967 is $47,162,270.00. LEGAL OPINION: The legal opinion of the law firm of Sturgis, Den-Dulk, Douglass & Anderson, 1322 Webster Street, Oakland, California, approving the validity of said bonds will be furnished to the success- ful bidder without charge. HIGHEST BID: Bidders are requested to name the interest rate or rates, not exceeding six per cent (6%) per annum in multiples of 1/8 or 1/20 of one per cent (1"/.). Each bidder must specify in his bid the amount and maturities of the bonds of each rate and all bonds ma- turing on the same date must bear interest at the same rate. No bid may name more than four interest rates, any of which may be repeated. No rate may be more than one per cent (1%) higher than the lowest rate -3- named in the bid. The interest payable on any bond on any interest payment date may, however, be represented by one or more coupons. A zero rate cannot be named for all or any of the time from the date of the bond to its stated maturity and the premium, if any, must be paid in the funds specified for payment of the bonds as part of the purchase price. Unless all bids are rejected, the bonds will be awarded to the bidder whose proposal results in the lowest net interest cost to the issuer, and the net interest cost will be determined by deducting the amount of any premium paid from the aggregate amount of interest upon all of the bonds from their date until their respective maturities. RIGHT OF REJECTION: The City of Morro Bay reserves the right at its discretion to reject any and all bids and to waive any irregu- larity or informality in any bid. Any bid submitted must be in strict conformity with this Notice of Sale and without any qualification. PROMPT AWARD: The City Council will take action awarding the bonds or rejecting all bids not later than forty-eight (48) hours after the expiration of the time herein prescribed for the receipt of pro- posals; provided that the award may be made after the expiration of the specified time if the bidder shall not have given the City Council notice in writing of the withdrawal of such proposal. PROMPT DELIVERY Delivery of the bonds will be made to the successful bidder at the office of the Treasurer of the City of Morro Bay, City Hall, 595 Sixth Street, Morro Bay, California, as soon as bonds can be prepared. FORM OF BID: All bids must be for not less than all of the bonds herein offered for sale, and for not less than tote par value thereof and accrued interest to date of delivery. Each bid, together with bidder's check,must be enclosed in a sealed envelope addressed to the City C1erk,City Hall, 595 Sixth Street, Morro Bay, California, and endorsed, "Proposal for Improvement Bonds, Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California." BID CHECK: With each bid must be submitted a certified check or cashier's check for $1,000.00 drawn on a bank or trust company transacting business in the State of California, payable to the order of the City of Morro Bay, to secure the City from any loss resulting from the failure of the bidder to comply with the terms of that bid. Checks of the unsuccessful bidders will be returned by the City of Morro Bay by mail upon the award of the bonds. No -interest will be paid upon the deposit made by any successful bidder. NO LITIGATION CERTIFICATE: There is no controversy or liti- gation pending or threatened concerning the validity of the bonds, and the City will furnish a no litigation certificate certifying to the foregoing as of the time of the delivery of the bonds. DATED: August 23, 1966. n [ ° C;ZLJQ C. TED WHITE, City Clerk City of Morro Bay, San Luis Obispo County, California. -5- RESOLUTION NO. 91-66 RESOLUTION CONFIRMING LIST OF UNPAID ASSESSMENTS AND REQUESTING THAT THE AUDITOR OF THE COUNTY OF SAN LUIS OBISPO, CALIFORNIA, SHALL MAKE EXTENSION OF INSTALL- MENTS THEREOF ON THE TAX ROLLS, IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, as follows: WHEREAS, on the 8th day of August, 1966, JOE E. SPELLACY, Director of Public Works of the City of Morro Bay, in accordance with the provisions of Section 8620 of the Streets and Highways Code of the State of California, filed with the Treasurer of the City of Morro Bay a complete list of all unpaid assessments in Improvement District No. 2, City of Morro Bay, San Luis Obispo County, California, a copy of which unpaid list is annexed to this Resolution marked "Exhibit A," and by this reference incorporated herein and made a part hereof; and WHEREAS, the City Treasurer of the City of Morro Bay has caused to be prepared an Auditor's Record showing the several installments of principal and interest on said unpaid assessments which are to be col- lected each year during the term of the bonds to be issued in said pro- ceedings; NOW, THEREFORE, BE IT RESOLVED that the unpaid list attached hereto and marked "Exhibit A" is confirmed by this City Council and ratified as the statement of unpaid assessments upon the security of which the bonds are to be issued in said proceedings; and BE IT FURTHER RESOLVED that the Auditor of the County of San Luis Obispo, which said last mentioned political subdivision of the State of California is the County which collects the taxes for the City of Morro Bay, is hereby requested and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter in his assessment roll on which taxes will next become due opposite each lot or parcel of land affected in a space marked "public improvement assessment" or by other suitable designation, the several installments of such assessment coming due the fiscal year covered by such assessment roll, including in each case the interest due on such total assessments, and also including a percentage of one- fourth of one per cent of the amount of such installments and of such interest so entered, and that such entry is made each year during the life of the bonds to be issued in said proceedings; and BE IT FURTHER RESOLVED that, in accordance with the provisions of Section 8685 of the Streets and Highways Code of the State of Cali- fornia, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assess- ment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners if known, but otherwise the owners may be de- scribed as "unknown owners," and extend the proper installment opposite the same; and BE IT FURTHER RESOLVED that the Auditor and other County Officials of the County of San Luis Obispo are requested to comply with the provisions.of Part 8, Division 10, of the Streets and Highways Code of the State of California, with relation to special assessments. On motion made by Councilman Surfluh and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing Resolution, on the following roll -call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh NOES: Councilmen Adopted: �tqusi a3,�ilo(o ATTEST: C.TEb�HiTE, CITY CLERK PAID AND UNPAID LIST WHEREAS, assessment for the construction of improvements and the acquisition of property in Improvement District No. 2, City of Morro Bay, County of San Luis Obispo, State of California, was confirmed by the City Council of the City of Morro Bay on the 28th day of June, 1966, and was recorded in the office of the Director of Public Works of the City of Morro Bay, San Luis Obispo County, California, on the 8th day of July, 1966, reference being hereby made to the Resolution of Intention, as amended, the Amended Engineer's Report and the proceedings on file in the office of the City Clerk of the City of Morro Bay, San Luis Obispo County, California; and WHEREAS, it is required that a statement of all payments re- ceived upon the assessment be made and a statement of the unpaid assess- ments be set forth; NOW, THEREFORE, the undersigned City Treasurer of the City of Morro Bay hereby returns a written statement of all payments received upon said assessment and all unpaid assessments remaining, as follows, to wit LIST OF ASSESSMENTS PAID NONE LIST OF ASSESSMENTS UNPAID Assessment Number 1 2 3 4 5 6 7 DATED: August 8, 1966. Amount Unpaid $522373.74 6,255.03 13,870.34 26,866.42 668.22 6,995.17 24,335.08 TOTAL UNPAID - $131,364.00 C. TED WHITE, City Treasurer, City of Morro Bay, San Luis Obispo County, California, RESOLUTION NO. 90-66 RESOLUTION GRANTING A USE PERMIT TO CONDUCT A STREET PARADE AND AUTHORIZING TRAFFIC RESTRICTIONS ON PARADE ROUTE THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery, and Mayor Surfluh ABSENT: Councilmen Bowen WHEREAS, the Morro Bay Chamber of Commerce has requested permission to use various City streets to assemble and conduct the annual Rock-O-Rama Parade on September 3, 1966; and WHEREAS, said street parade shall be held on City streets, the following resolution is hereby proposed: RESOLVED that the Mayor of the City of Morro Bay be and hereby is authorized and directed to execute a use permit, in the form prepared by the City Attorney, authorizing the use of various City Streets to assemble and conduct the annual Morro Bay Rock-O-Rama Parade on September 3, 1966, between the hours of 8:00 A.M. and 4:00 P.M., said streets designated for use are shown on the map attached hereto and marked "Exhibit A"; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict parking of vehicles on the afore- mentioned streets designated as the parade route by posting "No Parking" signs at least 24 hours prior to the start of the parade, and to cause barricades to be placed at those locations required to insure the public safety during the conduct of said parade. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay RESOLUTION NO. 90-66 Page Two hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None ADOPTED: August 9, 1966 ��Q. i 11�� S. SURFLUH Mayor ATTEST: U. 1tv WHIlh, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. 90-66 , passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of August , 1966. Dated: r7i11�'iiilL�: ' (SEAL) 'I, J� C"j-, I a � DC 133b18 133�D oo� o a boo .o JIl/\] 133b I "EXHIBIT A" Resolution NO. 90-66 I '. 1 USE PERMIT AGREEMENT The City of Morro Bay, a municipal corporation of the State of California (hereinafter called "City") hereby grants to the Morro Bay Chamber of Commerce (hereinafter called "Permittee") the right and privilege to use that property of the City of Morro Bay located within the city limits of'the City of Morro Bay, County of San Luis Obispo, State of California, and described in Exhibit "A" which is attached hereto and made a part of this Use Permit Agreement (hereinafter called "Said Property"), on the terms and conditions hereinafter set forth. 1. The right and privilege granted to Permittee pursuant to this Use Permit Agreement shall become effective at the hour of 8:00 o'clock A.M. on September 3, 1966, and shall expire when the purpose hereinafter specified has ceased but in no event later than the hour of 4:00 o'clock P.M. on September 3., 196 6.. 2. Permittee shall use said property for the purpose of conducting the annual Rock-O-Rama parade sponsored by Permittee and for no other purpose. 3. Permittee shall at all times during assembly, parade and disbanding adequately supervise the participants in order to protect the lives and property of motorists, pedestrians, spectators and participants at the assembly and disbanding area and along the route of the parade. Permittee shall cooperate at all times with City officers and employees in the installation, erection, dismantling or removal of signs, barricades or other appropriate warning devices which are necessary, in the opinion of the City, to protect the lives and property of motorists, pedestrians, spectators and participants. Permittee shall, at all times promptly comply with all regulations, rules and orders of duly constituted City officials with respect to any part or phase of the parade, including, by way of illustration and not limitation, restrictions on smoking, composition of exhibits, speed of the parade, and spacing between the participants' exhibits. -1- This Use Permit Agreement is granted to Permittee upon the express conditions.that Permittee shall keep and hold the City free from all liability, expense and claim for damages by reason of any injury or death to any person or persons, including Permittee, or property of any kind whatsoever and to whomsoever belonging, including Permittee, from any cause or causes arising in any manner out of the issuance of this Use Permit Agreement or the use of Said Property during the term of this Use Permit Agreement or any extension thereof or any occupancy or use hereunder; Permittee hereby covenanting and agreeing to indemnify and save the City harmless from all liability, loss, cost and obligations on account of or arising out of any such injuries or losses howsoever occurring. Permittee agrees to take out and keep in force during the life hereof at Perm ittee's expense, liability insurance to protect against any liability to any person or persons, including' Permittee, resulting from any occurrence in or about or incident to Said Property and appurtenant areas in the amount of $100, 000. 00 to indemnify against the claim of one person 00 against the claim of two or more persons, for property damage. Said policies shall insure the liability of Permittee and the liability, contingent or otherwise, of the City and such other firms or corporations as may be designated by the City. Permittee does not keep such insurance in full force and effect, this Use Permit Agreement may be immediately terminated. Permittee shall provide the City with copies or certificates of all of said policies including endorsements which state that such insurance shall not be cancelled except after ten days prior written notice to the City. Each such policy shall be approved as to form and insurance company by City. Any insurance policy insuring Permittee against claims, expense or liability for injury or death to person or property in or about Said Property shall provide that the insurer shall not acquire by subrogation any right of recovery which Permittee has expressly waived in writing prior to the occurrence of the loss. Permittee hereby waives any right of W 0 recovery against the City for any such claim, expense or liability. CITY OF MORRO BAY Dated: cc By . j S. SURFLUH, ayor ATTEST: Z'-T� City .-�-rT— ATTEST: MORRO BAY CHAMBER OF COMMERCE Date: 48,— P -3- F H NO - "EXHIBIT A" Resolution NO. 90-66 RESOLUTION NO. 89-66 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE, FISCAL YEAR 1966-67 THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen Bowen The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto and marked "Exhibit A", is approved and the Mayor of the City of Morro Bay be and is hereby authorized and directed to sign the Agreement on execution of the same by the Morro Bay Chamber of Commerce. On motion made by Councilman Keiser and seconded by Councilman Bickford, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None ADOPTED: August 9, 1966 e�l' J. S. SURF H, Mayor ATTEST: 7� C.TED WHITE, City Clerk 11 A G R E E M E N T THIS AGREEMENT, dated July 1, 1966 for reference purposes, is made and entered into by and between the CITY OF MORRO BAY, a Municipal Corporation, hereinafter referred to as "City", and the CHAMBER OF COMMERCE OF MORRO BAY, a Non -Profit Corporation, here- inafter referred to as "Chamber". WHEREAS, City desires to promote its advantages as a busi- ness, industrial, recreational and residential center, disseminate information relative thereto, and properly follow up and give con- sideration to inquiries made from time to time relative to the various activities of the City and its possibilities; and WHEREAS, City desires Chamber to perform certain promotional and other services for City, which City believes will be of great advantage and benefit to the City, and the citizens, residents, pro- perty owners and taxpayers thereof, and will promote the general welfare; and WHEREAS, Chamber is organized for such promotional activities on behalf of City and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a munici- pal corporation for advertising or publicity as therein and herein provided; NOW, THEREFORE, in consideration of the premises and cove- nants and promises hereinafter set forth, the parties hereto her agree as follows: 1: That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain a public office to be identified by a suitable sign that will be readily identifiable by members of the public, and will provide information to visitors, business and professional people. A staff member, or member of the Chamber, will be available daily during regular office hours, Monday through Friday. (a) Chamber will employ a General Office Secretary. The Secretary's qualifications will include satisfactory performance in typing, bookkeeping and office management. (b) It is agreed that the compensation received from City may be used to partially defray the operating expenses of Chamber, and that all expenditures from these funds shall be sub- ject to audit by the City. The books of Chamber shall be open to inspection by the City at any time. (c) Chamber will supply maps and promotional literature about Morro Bay, and will maintain files on economic conditions, industrial sites and general business information about the commun- ity. Chamber will be responsible for updating published information included in Chamber of Commerce literature. These materials will be available to visitors and potential industrialists who are seeking information. (d) Chamber will also maintain a library of literature, business and telephone directories for public use. (e) Chamber will assist in the promotion of community events such as "Rock-O-Rama" and other celebrations and festivities attracting visitors to the area. It shall be a goal of Chamber to attract conventions and conferences to the City and to assist them in making arrangements during their stay. (f) In all activities, the Chamber shall be a public relations agency disseminating information and creating good will and advancing the development of Morro Bay, its trading and tourist area. Chamber furthermore agrees to cooperate in carrying forward -2- L 3 1J community research studies and to assist in establishing trends for future development. (g) Chamber will carry on such other duties as may be mutually agreed upon by the parties hereto to promote the business, industrial and residential development of the City. 3. Chamber will obtain, and maintain in full force and effect during the term of this agreement, liability insurance protecting City against claims and demands resulting from injuries to persons and losses sustained to property upon premises maintained by Chamber or during Chamber sponsored activities and events wherever situated, said insurance policy to be :in form, amount, and issued by companies satisfactory to City. Within ten days of the date the last of the signatories executes this agreement, Chamber will submit to the city clerk evidence of such insurance. ' 4. City shall pay to Chamber sum of money not to exceed Eight thousand two hundred sixty five dollars ($8, 265. 00) for the fiscal year 1966-67 for the furnishing of said services on the following conditions. (a) Payments shall.be made upon an itemized claim or demand for services rendered or to be rendered, to be approved by City. (b) Payments may include services for the month of July, 1966 through the month of June, 1967. (c) None of the funds furnished by City hereunder shall be used for printing costs for materials advertising any private business or enterprise. 5. City shall have the right to audit said account at any time or from time to time. 6. City reserves the right to award separate bids for more specific advertising or promotional projects approved by the City Council during the term hereof. 7. If, at any time, in the opinion of the City Council, Chamber is not performing the services required pursuant to this agreement, then the City Council will give written notice of such fact, setting forth in detail the Chamberst default, and the Chamber must, with due diligence, -3- C correct such default or the City Council may terminate this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the dates indicated below. CHAMBER OF COMMERCE CITY OF MO RO BAY OF MORRO BAY Q By: ,Q ,,,���JJJ..��� ' mayor By un 4 gtu Preside t 0ATTEST: By Cam/ ecretar (SEAL) -4- U. TE WH TE, City 1C (SEAL) RESOLUTION NO. 88-66 RESOLUTION REGARDING RECOMMENDED CHANGE OF ZONING AND SETTING DATE FOR HEARING (Blocks A, B, C, D, E and F, Cerrito Addition) T H E C I T Y C 0 U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh ABSENT: Councilman Bowen The following resolution is hereby proposed: WHEREAS, the Planning Commission of the City of Morro Bay held a public hearing on July 19, 1966 to consider a petition pray- ing for the amendment to Section 11408 of the Municipal Code of the City of Morro Bay to provide for the rezoning of Blocks A, B, C, D, E and F of the Cerrito Addition, City of Morro Bay; and WHEREAS, said Planning Commission did, by the adoption of Planning Commission Resolution No. 2-66, passed and adopted on August 2, 1966, recommend to the Morro Bay City Council the change of zoning of the aforementioned Blocks from R-3 to R-3-1); and WHEREAS, the "D" designation denotes the change of the existing forty-five (4S) foot height limitation to a twenty-five (25) foot height limitation from the average height of the building site area; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council will hold a public hearing on September 13, 1966, at 7:30 PM in the Morro Bay Recrea- tion Hall at Shasta Avenue and Dunes Street, Morro Bay, California, to consider the matter of amending the Zoning Ordinance of the Morro Bay Municipal Code to change the zoning of Blocks A, B, C, D, E, and F, Cerrito Addition, City of Morro Bay from R-3 to R-3-D, the "D" designation to denote the aforementioned height limitation as recom- mended by the City Planning Commission; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to publish a notice of Public hearing in a RESOLUTION NO. 88-66 PAGE TWO newspaper of local circulation one time within fifteen (15) days from the date of adoption of this resolution, to wit: "NOTICE OF PUBLIC HEARING" "Notice is hereby given that the City Council of the City of Morro Bay will conduct a public hearing on Tuesday, September 13, 1966, at 7:30 PM, in the Morro Bay Recreation Hall to consider the matter of rezoning Blocks A, B, C, D, E and F, Cerrito Addition, City of Morro Bay from R-3 to R-3-D, the "D" designation to denote the building height limitation of 25 feet from the average height of the building site area, as shown on the map marked Exhibit 'A' attached hereto and by reference made a part hereof." On motion made by Councilman Mallery and seconded by Councilman Bickford the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed Resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery $ Mayor Surfluh NOES: Councilmen None ADOPTED: August 9, 1966 ur u ayor ATTEST: 6. e ite, ity er RESOLUTION NO. PAGE THREE CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. , passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the day of , 1966. Dated: er (SEAL) C� ,, FMIYAZM rd MAIN ST DOME -1 MoRao Sr. 0 ago ©AY r I"r Qoo' .. 'EXHIBIT A' Blocks A, B, C, D, E, and F, Cerrito Addition City Of Morro Bay Exhibit A Resolution No. 38-66 RESOLUTION NO. 87-66 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR STREET CONSTRUCTION WORK - SELECT SYSTEM PROJECT NO. 24 T H E C I T Y C O U N C I L City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh ABSENT: Councilmen Bowen WHEREAS, the City Council did, on May 10, 1966, by Resolution No. 43-66, award a contract for street construction (Select System Project No. 24), to R. H. Beecham, General Contractor; and WHEREAS, the Director of Public Works having certified that said work has been completed in accordance with the provisions of said contract; the following resolution is hereby proposed: RESOLVED that said work is accepted as completed on the 9th day of August, 1966, and the City Clerk of the City of Morro Bay is hereby directed to record in the Office of the County Recorder of the County of San Luis Obispo a Notice of Completion. On motion made by Councilman Surfluh and seconded by Councilman Bickford, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None ADOPTED: August 9, 1966 ATTEST: er Q L C. TED WHITE, City Clerk F i i _ _. A, � . CERTIFICATION OF COMPLETION The undersigned hereby certifies that the street con- struction work in Select System Project No. 24 has been inspected and has been found to comply with the approved plans and specifi- cations. It is therefore recommended that the work be accepted by the City Council and that the City Clerk be authorized to file a Notice of Completion. DATED: August 9, 1966 D e or of Pub is Works U NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work and improvements on Select System Project No. 24, construc- tion of street improvements on Morro Bay Blvd. (formerly Sth Street) between 100 feet west of Kern Avenue and State Highway No.l in the City of Morro Bay, has been completed by R. H. Beecham, General Contractor, and said work and improvements were accepted as completed by the Morro Bay City Council on the 9th day of August, 1966. C. TED WHITE, CITY CLERK City of Morro Bay San Luis Obispo County, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 9th day of August, 1966. 0�z4Lt C.I-ED WHITE, Clerk City of Morro Bay (SEAL) r CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and correct copy of Resolution No. 87-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of August 1966. DATED: 0 WHITE,C. T213 ity Clerk City of Morro Bay, California (SEAL) w RESOLUTION NO. '86-66 RESOLUTION APPOINTING CITY TREASURER THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen Bowen RESOLVED: The following named person, to wit, Carl Ludeman, shall be .and hereby is appointed Treasurer of the City of Morro Bay. On motion made by Councilman Surfluh and seconded by Councilman Bickford the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Councilmen Bickford, Keiser, Mallery $ Mayor Surfluh NOES: Councilmen None ADOPTED: August 9, 1966 I M 4L L MOLL NFL Mayor C. TED WHITE, City Clerk RESOLUTION NO. 85-66 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT BETWEEN THE CITY OF MORRO BAY AND W. M. LYLES CO., FOR WORK TO BE DONE IN IMPROVEMENT DISTRICT NO. 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that contract dated the 1st day of August, 1966, by and between the CITY OF MORRO BAY and W. M. LYLES CO., for the work and improvements to be done in Improvement District No. 2, City of Morro Bay, San Luis Obispo County, California, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor be authorized to sign, and the City Clerk thereof be authorized to attest,, said agreement; and BE IT FURTHER RESOLVED that the labor and material bond and the faithful performance bond to secure the performance of said contract and to secure payment of labor and material claims be filed with the City Clerk of the City of Morro Bay in said matter, which said labor and material bond and said faithful per- formance bond.are hereby approved. On motion made by Councilman and seconded by Councilman Bickford t e City Zo cil of the City of Morro Bay hereby adopts in its entirety the foregoing Reso- lution, on the following roll -call vote: AYES: Councilmen Bickford, Keiser, Mallery and Mayor Surfluh NOES: Councilmen None ABSENT: Councilman Bowen Adopted: August 9, 1966 ATTEST: RESOLUTION NO. 84-66 RESOLUTION AUTHORIZING STUDY OF MORRO BAY YACHT CLUB LOCATION AND NEEDS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: None The following resolution is hereby proposed: WHEREAS, the matter of location of the Morro Bay Yacht Club is a matter requiring further and detailed study to consider such matters as the over-all plan of the Morro Bay Harbor, the present and future needs of the Morro Bay Yacht Club and the rec- reational needs of the City of Morro Bay and surrounding communities; and WHEREAS, the study will require joint consultation and coordination between and among the members of the City staff, the Morro Bay Yacht Club, the developers of the Master Plan of the Morro Bay Harbor, the Corp of Engineers, the City Planning Commission, the California Department of Fish and Game, the California Department of Beaches and Parks, and other interested governmental agencies; and WHEREAS, the City Council expressly recognizes that the activities of the Morro Bay Yacht Club are a credit to the City of Morro Bay and are in the public interest; IT IS RESOLVED that a study of the location and needs of the Morro Bay Yacht Club be undertaken with the view toward selection of a permanent site for the Morro Bay Yacht Club by the staff of the City of Morro Bay; the staff to coordinate and consult with the agencies enumerated above, and with a committee to be appointed by the Morro Bay Yacht Club; Resolution No. 84-66 Page 2 IT IS FURTHER RESOLVED that within ninety (90) days the City staff report in writing to the Council,such report to include a recommendation for a site for the permanent location of the Morro Bay Yacht Club. On motion made by Mayor Surfluh and seconded by Councilman Bickford, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh NOES: None ADOPTED July 26, 1966 J. S. SURFLdd, Mayor ATTEST: C. TED WHITE, City Clerk CERTIFICATION OF CITY CLERK I, C. TED WHITE, City Clerk of the City of Morro Bay do hereby certify that the foregoing is a true and.correct copy of Resolution No. 84-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of July ,'1966. DATED: City CleirlE City of Morro Bay, California . (SEAL) n RESOLUTION NO. 83-66 RESOLUTION APPROVING ASSIGNMENT OF LEASEHOLD INTEREST UPON CONDITIONS THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None WHEREAS, the County of San Luis Obispo did on March 6, 1961, lease sites 61 and 61-W on the Morro Bay Waterfront to James W. Zanoli and Elizabeth Zanoli; and whereas on December 23, 1963, the County of San Luis Obispo did consent to the assignment of the leasehold interest of James W. Zanoli and Elizabeth Zanoli in said property to Mr. and Mrs. Everett Evenson; and whereas the City of Morro Bay is successor to the interest held by the County of San Luis Obispo in said property; and whereas the Morro Bay Yacht Club, a non-profit corporation, through its officer and directors seeks assignment to it of the leasehold interest held by Mr. and Mrs. Everett Evenson; and whereas Mr. and Mrs. Everett Evenson have submitted their written request for permission to assign their leasehold interest to the Morro Bay Yacht Club; and whereas, it appears to be in the public interest that this Council approve the assignment of said leaseho]dinterest to the Morro Bay Yacht Club, the following resolution is hereby proposed: RESOLVED that effective July 26, 1966, approval is granted by the City of Morro Bay to the assignment by Mr. and Mrs. Everett Evenson of their leasehold interest in lease sites 61 and 61-W on the Morro Bay Waterfront to the Morro Bay Yacht Club, a corporation, provided, however, that such approval is granted upon and only upon the acceptance by the parties of the following terms and conditions: 1. That Mr. and Mrs. Evenson(Lessee) consent and agree to the deletion of paragraph 4 of the lease entered into on March 6, 1961, and the substitution therefor of the following: "Said lease shall be for a term of three years commencing August 1, 1966, without option for renewal." 2. That Lessee consent and agree to the amendment of paragraph 2 of said lease to read as follows: "The annual rental, commencing August 1, 1966, and for each following year thereafter, shall be an amount equal to six percent (6%) of the fair market value of the Leased Premises, as established from time to time by an independent appraiser selected by Lessor. From time to time Lessor may cause the Leased Premises to be reappraised by such an independent appraiser to establish a current fair market value for the Leased Premises and such current fair market value shall be used to compute the rental amounts hereunder for a period of not less than 24 months (or longer, at Lessor's sole discretion) commencing on the first day of August next following such reappraisal. On or before the first day of July of each year, Lessor shall notify Lessee in writing of the fair market value of the Leased Premises which is to be used in computing the rental payment as hereinabove set forth. Rental payments shall be paid by Lessee to Lessor semi-annually, in advance, on the first day of August and the first day of February of each year during the term of this Lease or any extension thereof. "'Fair market value' as used in this Lease shall mean the highest price which the Leased Premises would bring if offered for sale in the open market, under the market conditions prevailing as of the date of valuation, assuming merchantable title, with a reasonable time allowed within which to find a purchaser or purchasers buying with a knowledge of all of the uses and purposes to which the land is adapted and for which it is available, the seller being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell, and the buyer being ready, willing and able to buy, but under no particular necessity for so doing. This definition of fair market value presupposes that both parties are familiar w ith the property and its adaptabilities and uses. " 3. That it is agreed by and between the City of Morro Bay (City), the Lessee and the Morro Bay Yacht Club (Assignee) that the approval by City -2- of this assignment shall not be deemed a waiver of any past breeches or violations by Lessee of any of the terms and conditions of said Lease. 4. That the parties hereto hereby expressly recognize and agree that the City of Morro Bay, Lessor, has succeeded to all of the right, title and interest of the County of San Luis Obispo in and to the Leased Premises on July 17, 1964, and has succeeded to all of the rights and lawful obligations of said County of San Luis Obispo under the Original Lease. S. That the term "County of San Luis Obispo", "County", or "Lessor", as used in the Original Agreement, shall mean the City of Morro Bay. 6. That no lien or encumbrance of any sort be placed by Lessee or Assignee upon the improvements and appurtenances thereto now existing or which may be constructed upon said leasehold, provided, however, that such improvements may be encumbered, if and only if, Lessee express- ly agrees to become liable to City for the amount of any rent due and payable to City in the event of foreclosure of any such lien or encum- brance. 7. That, under paragraph S of said lease, Assignee would use the premises for the mooring of boats, the conduct of boating races, and, the conduct of other events and activities customarily engaged in by yacht clubs, such uses being in substitution for the uses enumerated in said paragraph S. 8. That the Morro Bay Yacht Club not discriminate against any person by establishing membershipcriteria based upon race, creed or religion. 9. That this approval shall take effect only after all of the parties to the assignment place their signatures hereunder not later than 30 days from adoption by City as evidence of their consent to be bound by the provisions and conditions stated herein and to assume all of the obligations imposed under said lease. -3- On motion made by Councilman Bickford and seconded by Councilman Keiser, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution, on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, and Mayor Surfluh NOES: Councilmen Mallery ADOPTED: July 26, 1966 SURFLF), .ayor ATTEST: 0 :2 44-4. C. IM) WHITE,- City clerk We the undersigned, in consideration of the approval of the Morro Bay City Council to the aforesaid assignment, do hereby assume and agree to be bound by all of the provisions of the lease documents, including this approving resolution, relating to the lease of the property referred to as lease sites 61 and 61-W on the Morro Bay Waterfront. Morro Bay Yacht Club Dated: By President Dated: Dated: Everett Evenson Mrs. Everett Evenson -4- RESOLUTION NO. 82-66 RESOLUTION FURTHER AMENDING RESOLUTION OF INTENTION NO. 166-65, AS AMENDED, AND ALL PROCEEDINGS TAKEN SUBSEQUENT THERETO IN THE MATTER OF THE(BONDS>TO BE ISSUED IN IMPROVEMENT DISTRICT�INO, 2, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA. WHEREAS, Resolution of Intention No. 166-65, adopted on the 28th day of December, 1965, and amended by Resolution No. 69-66, adopted on the 28th day of June, 1966, provides for the issuance of bonds to represent unpaid assessments under the provisions of Part 5, Division 7, of the Streets and Highways Code of the State of California (Improve- ment Act of 1911); and WHEREAS, since that date there has been a deterioration in the bond market to the point that it has become somewhat doubtful as to whether 1911 Act bonds can be sold to finance the improvements in said Improvement District No. 2, City of Morro Bay,. San Luis Obispo County, California; and WHEREAS, it has been determined that bonds issued under Division 10 of the Streets and Highways Code of the State of California (The Improvement Bond Act of 1915) would be readily salable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, as follows: 1. It is the finding of said City Council that it is in the public interest to authorize the issuance of bonds pursuant to Division 10 of the Streets and Highways Code of the State of California (The Improvement Bond Act of 1915). 2. Resolution of Intention No. 166-65, as amended, is hereby further amended by deleting therefrom the following language: "NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed six per cent (6%) per annum, shall be issued in the manner and form provided in Part 5, Division 7, of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars ($50.00) or over, the last installment of which bonds shall mature fourteen (14) years from the 2nd day of January next succeeding the "next September 1st following their date. Said bonds shall be payable to bearer, and may be redeemed as pro- vided in the Improvement Act of 1911, and there shall be added to the redemption clause in said bonds the following words: 'together with a premium of five per cent (5%) of the unmatured principal,"' and substituting therefor: "NOTICE IS HEREBY GIVEN that serial bonds shall be issued in the manner and form provided in Division 10 of the Streets and Highways Code of the State of California (The Improvement Bond Act of 1915) to rep- resent unpaid assessments, which bonds shall bear in- terest at the rate of not more than six per cent (6%) per annum, the last installment of which bonds shall mature fourteen (14) years from the second day of July next succeeding ten months from their date." 3. It is hereby ordered that all proceedings taken subsequent to the passage of said Resolution of Intention No. 166-65, as amended, are hereby further amended to provide for the issuance of bonds under The Improvement Bond Act of 1915 in lieu of bonds issued under the pro- visions of the Improvement Act of 1911. 4. It is further found and determined that said action is in keeping with the language of the Petition for the formation of said Improvement District No. 2, City of Morro Bay, San Luis Obispo County, California, which did not specifically identify the particular bond act to be used in said proceedings. On motion of Councilman Bickford and seconded by Councilman Maller the City Councilo the City of Morro Bay hereby a opts in its entirety the foregoing Resolution, on the follow- ing roll -call vote: AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh NOES: Councilmen Keiser ADOPTED: July 26, 1966. J. S. SURF1211, Mayor 17 ATTEST: 0- r-�, e,� 2J C. TED WHITE, City erk 0 CERTIFICATION OF CITY CLERK I, C. Ted White, Clerk of the City of Morro Bay, do hereby certifyy that the foregoing is a true and correct copy of Resolution No. 82-66 , passed by the City Council of the City of Morro Bay at a regularting thereof held on the 26th day of July, 1966. Dated: C. TED WHITE, City er (SEAL) RESOLUTION NO. 81-66 RESOLUTION DECLARING ABANDONMENT OF A. PORTION OF BEACH STREET (FORMERLY 8TH STREET) THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser, Mallery $ Mayor Surfluh ABSENT: Councilmen None The following resolution is hereby proposed: RESOLVED that, pursuant to the Street Vacation Act of 1941, the City Council of the City of Morro Bay hereby finds that that certain real property described in Exhibit A hereto, which Exhibit is incorporated herein by reference as though fully set forth, is unnecessary for any present or future public use; WHEREFORE IT IS FURTHER RESOLVED AND ORDERED that the City of Morro Bay hereby vacates and abandons its interest in that certain real property described in Exhibit A, and that the City Clerk be and hereby is directed to record this resolution in the office of the County Recorder of the County of San Luis Obispo. On motion made by Councilman Bickford and seconded by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser, Diallery F, Mayor Surfluh NOES: Councilmen None ADOPTED: July 26, 1966 J URFLUH, ryor ATTEST: C. WHL'r'E-amity Clerk All that part of Eighth Street in the Town of Morro, County of San Luis Obispo, State of California as shown on Mathers map of said town on file in the office of the County Recorder of said County, and filed for record in Book A of Maps at page 35 records of said County, more particularly described as follows, to -wit; Commencing at the intersection of the Easterly line of "C" Street with the Northeasterly line of said Town of Morro, and running thence Southeasterly along said Northeasterly lind of said Town of Morro and Southeasterly along the Northeasterly line of aforementioned Eighth Street to its intersection with the Southerly line of said Eighth Street; thence Northwesterly diagonally across said Eighth Street to a point on the Easterly line of said "C" Street equal distant between the intersection of the Easterly line of said "C" Street with the Southerly line of Eighth Street and said point of commencement; thence Northerly along the Easterly line of said "C" Street to the point of commencement. Exhibit A CERTIFICATION OF CITY CLERK I, C. Ted White, City Clerk of the City of Morro Bay do hereby certify that the fore- going is a true and correct copy of Resolution No. 81-66 passed by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of July, 1966. DATED: C. Ted White City Clerk (SEAL) RESOLUTION NO. 80-66 RESOLUTION APPROVING CHANGE ORDER NUMBER 1 SELECT SYSTEM PROJECT NUMBER 26 THE CITY COUNCIL City of Morro Bay, California PRESENT: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh ABSENT: Councilmen Mal The following Resolution is hereby proposed: RESOLVED that Change Order No. 1, Select System Project No. 26, a copy of which is attached hereto and by reference made a part hereof, is hereby approved and the Mayor be and is hereby authorized and directed to sign said Change Order for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and secon d ed by Councilman Bowen , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution 6n the following roll call vote: AYES: Councilmen Bickford, Bowen, Keiser $ Mayor Surfluh NOES: None ABSENT: Councilman Mallery ADOPTED July 12, 1966 J. S. SURFLU Mayor ATTEST: ( ? C. TED WHITE, City Clerk CONTRACT CHANGE ORDER NO. 1 Project: Main Street, Dune to Surf Street S. S. Project No. 26 To Contractor, BURKE CONSTRUCTION CO. You are hereby directed to make the following changes from the plans and specifications. The estimated quantities and prices to be paid are as follows: Item Quantity Description Increase 4 10 Tons of Type "B" asphaltic $100.00 concrete @ $10.00 16 1.3 CY Class "B" Concrete @ $20.00 26.00 Total Estimated Cost Increase $126.00 Initiated by J 7") �y'/' 6-2R-66 S. L. Taylor Date City Engineer Approved by Spell 'ty Dat ,Director of Public Works Agreed to by /( ,lam 4� — Burke Construction Co. Date Contractor ,1J S. URFLUH Mayor Date ity of Morro ay