HomeMy WebLinkAboutResoultion 01-68 to 85-6840 48
RES. NO. TITLE DATE ADOPTED
1-68 Res. Granting Refuse Collection 1-9-68
Franchise to Ray M. Wagner
2-68 Res. Accepting Low Bid & Awarding Contract
to C. S. Construction, S. S. Proj. 28 1=9-68
3-68 Res. regarding Use of Public Facilities,
Insurance Required & Formulation of Rules 1-9-68
& Regulations
4-68 Res. Approving Cert. of Accept. for Ease-
ment, S. S. Proj. 28 1-9-68
5-68 Res. Approving Easement, Gertrude Martin,
S. S. Proj. 28 1-9-68
6-68 Res. Req. Board of Supervisors to Permit
Co. Clerk to Render Services re: General 1-9-68
Municipal Election, April 9
7-68 Res. Accepting Work & Giving Notice of Com.
for Replacement of Water & Sewer Mains Across 1-23-68
Morro Creek (Lyles)
8-68 Res. Accepting Work & Giving Notice of Comp.
for Installing Water Well (Romero) 1-23-68
9-68 Res. Requesting Atomic Energy Commission
to grant P.G&E. Construction Permit - 1-23-68
Nuclear Power Plant in S.L.O. County
10-68 Res. Calling & Giving Notice of Election 1-23-68
11-68 Res. Approving Agreement & Grant of Real
Property, Feree & Jessie L. Pierce, S.S. 1-23-68
Proj. 28
12-68 Res. Accepting Deed from Feree & Jessie L.
Pierce, S.S. Proj. 28 1-23-68
13-68 Res. of Intention to Hold a Public Hearing
on the Vacation of Oak Street & Portions 2-13-68
of Palm Ave. & South Street
14-68 Res. Setting Date & Time for Public Hearing
on Capital Improve. Element of Gen. Plan 2-13-68
15-68 Res. Adopting a Budget Calendar for 1968/69
Fiscal Year 2-13-68
16-68 Res. Req. Calif. State Board of Equal. to
Permit Exam. by Officer or Employee of M.B. 2-27-68
of the Sales & Use Taxes collected for M.B.
17-68 Res. Rea. Legislative Consideration of a
change in the allocation of Cigarette Tax 3-12-68
Funds to Cities
RES. NO. TITLE DATE ADOPTED
18-68 Res. approving stipulation in settlement
of M.B. harbor litigation, SLO County
Superior Court Action No. 31598 3-26-68
19-68 Res. ordering canvass of Gen. Municipal
Election, 4-9-68, by City Clerk of M.B. 3-26-68
20-68 Res. changing council meeting dates for
month of April, 1968 3-26-68
21-68 Res. requesting study of State Routes
1 & 41 as Scenic Highways 3-26-68
22-68 Res. approving amended lease agreement
by & between City of M.B. & U.S. Coast Guard 3-26-68
23-68 Res. approving & authorizing signing of
supplemental police mutual aid agreement &
revoking resolution #135-65 4-16-68
24-68 A res. reciting the fact of the General
Municipal Election held in M.B. on 4-9-68
& declaring result thereof 4-16-68
25-68 Res. amending uniform procedures for with-
drawal of funds from active & inactive accts.
& revoking Res. 43-65 & 45-65 , 4-16-68
26-68 Res. removing City Administrator from office
8-16-68, reassigning duties heretofore
assigned to City Administrator, & authorizing
payment forthwith of sums due or to become due
to City Administrator 4-22-68
27-68 Res. adopting salary schedule & position
classifications 5-14-68
28-68 Res. setting date & time for public hearing
on appeal of Betty E. Czerwin 5-14-68
29-68 Res. of Intention in matter of construction
of improvements & acquisition of rights of way
& easements in Improvement District No. 3 5-28-68
30-68 Res. & order preliminarily adopting engineer's
report, setting public hearing, & calling for
bids, Improvement District.No. 3 5-28-68
31-68 Res. approving report & fixing time & place
of hearing thereon 5-28-68
32-68 Res. adopting schedule of per diem wage rates 5-28-68
33-68 Res. authorizing dredging in Morro Bay Harbor 6-11-68
34-68 Res. accepting work & giving notice of completion
for work relative to change of grade & street
construction on Main Street, S.S. Project No. 28 6-11-68
RES. NO. TITLE DATE ADOPTED
35-68 Res. appointing special bond counsel to
prepare debt limit proceedings in connection
with the proposed Improvement District No. 4,
City of Morro Bay, San Luis Obispo County, Cal. 6-25-68
36-68 Res. authorizing execution of final settlement
agreement with State of California 6-28-68
37-68 Res. surrendering leasehold to Pacific Gas
and Electric Company 7-9-68
38-68 Res. approving assignment of lease from 7-9-68
William K. Wilson .and Florence Wilson to
Harold J. Anderson and Rita B. Anderson
39-68 Res. setting date and time for public hearing 7-9-68
on an amendment to the Zoning Ordinance
40-68 Res. setting hours when stopping, standing, or 7-9-68
parking of vehicles on certain publicly owned
property is prohibited
41-68 Res. requesting Board of Supervisors to formulate
Joint Powers agreement between County Service
Area 15 and City of Morro Bay for emergency
ambulance service 7-23-68
42-68 Res. approving grant of Use Permit to Frank &
Naomi L. Brebes for waters adjacent to Lease
Site 102-W 7-23-68
43-68 Res. abandoning proceedings for formation of
Improvement District No. 3 8-13-68
44-68 Res. assigning review of all proposed construction
and uses on water lease sites to Planning Comm. 8-13-68
45-68 Res. approving plans and spec. and authorizing
advt. for bid for applying bituminous seal to
various streets in M.B. (S.S. Proj. 41) 8-13-68
46-68 Res. approving agreement with M. B. Chamber of
Commerce, Fiscal Year 1968-69 8-13-68
47-68 Res. authorizing execution of stipulation for
dismissal of action 8-13-68
48-68 Res. setting date and time for public hearing
on appeal from Planning Commission action 8-13-68
49-68 Res. granting a Use Permit to M.B. Chamber of
Commerce to conduct Rock-O-Rama Celebration 8-13-68
50-68 Res. setting tax rate for 1968-69 for General
Fund & Capital Improvement Purposes 8-27-68
51-68 Res. setting tax rate for 1968-69 for sewer
bond redemption 8-27-68
RES. NO.
TITLE DATE ADOPTED
52-68
Res. approving assignment of lease
from Palmer Peterson to Mary Murray
8-27-68
53-68
Res. setting date & time for public
hearing on amendment to Zoning Ord.
8-27-68
54-68
Res. approving quitclaim deed to
County of SLb for Vets Hall
8-27-68
55-68
Res. approving transfer of Hugh D.
& Mildred L. Graham to Mildred Conger
8-27-68
56-68
Resolution Approving Boundary Map
10-8-68
(Improvement District No. 5)
57-68
Resolution of Preliminary Determination
10-8-68
(Improvement District No. 5)
58-68
Resolution appointing engineer of work
10- 8-68
(Improvement District No. 5)
59-68
Resolution appointing special bond counsel
10-8-68
(Improvement District'.No. 5)
60-68
Resolution of Intention
10-8-68
61-68
Resolution accepting deed from PG&E
10-8-68
62-68
Resolution approving & authorizing
execution of Mutual Fire Protection Aid
Agreement
10-8-68
63-68
Resolution granting U.P., to Lions Club
for Halloween Parade
10-8-68
64-68
Resolution approving parcel map MB 68-30
10-8-68
65-68
Salary schedule & Position Classification
10-22-68
66-68
Resolution authorizing payment of group
10-22-68
insurance and medical insurance for
employees
67-68
Resolution approving grant of Use Permit
to Regal Seafood Company 1
10-22-68
68-68
Resolution authorizing execution of
quitclaim deed to a portion of Beach
Street (Lyle's property)
10-22-68
69-68
Resolution granting Use Permit to Morro
Bay High School for Homecoming Parade
10-22-68
RES. NO.
TITLE
DATE ADOPTED
70-68 Resolution approving grant of waterfront
use permit agreement to California State
Polytechnic College Corinthian Sailing
Club 11-12-68
71-58 Resolutions Accepting Deedsfrom the
72-68 County of San Luis Obispo 11-12-68
73-68
74-68 Resolution approving boundary map for
Assessment District No. 4 11-26-68
75-68 Resolution appointing engineer to prepare
debt limit proceedings in Assessment
District No. 4 11-26-68
76-68 Resolution directing preparation of
investigation report for Assessment
District No. 4 11-26-68
77-68 Resolution approving report and fixing
time and place of hearing thereon for
Assessment District No. 4 11-26-68
78-68 Resolution of intention to adopt
amended boundary map for Assessment
District No. 5 11-26-68
79-68 Resolution & order preliminarily adopting
engineer's report, setting public hearing
& calling for bids for Assessment District
No. 5 11-26-68
80-68 Resolution adopting scale of prevailing
wage rates for Assessment District No.5 11-26-68
81-68 Resolution regarding the crossing of
California -Mexican border by unaccompanied
minors 11-26-68
82-68 Resolution establishing policy of the City
Council in the event of death of lessee 11-26-68
83-68 Resolution approving agreement for the
use of two water wells (Ashurst) 12-10-68
84-68 Resolution cancelling regular meeting of
City Council of December 24, 1968 12-10-68
85-68 Resolution authorizing cooperative
purchasing agreement with County of SLO 12-10-68
RESOLUTION NO. 85-68
RESOLUTION AUTHORIZING COOPERATIVE PURCHASING
AGREEMENT WITH COUNTY OF SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, the County of San Luis Obispo has, by
Resolution No. 68-582, authorized the County Purchasing
Agent to enter into a Cooperative Purchasing Agreement
with various cities and districts in the County of San
Luis Obispo; and
WHEREAS, a Cooperative Purchasing Agreement between
the county and cities and districts for the purchase of
petroleum products would result in substantial savings
to the county and said agencies,
NOW, THEREFORE, BE IT RESOLVED that the City of
Morro Bay enter into a Cooperative Purchasing Agreement
with the County of San Luis Obispo in accordance with the
terms and conditions set forth in County of San Luis Obispo
Resolution No. 68-582 for the purchase of petroleum products;
such agreement to begin at the termination of the existing
city contract on January 31, 1969 and to continue until
December 31, 1969; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby directed to forward a certified copy of this
resolution to the Purchasing Agent of the County of San
Luis Obispo.
On motion by Councilman Donohoo and seconded by Council-
man Keiser , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: December 10, 1968
JOSE H C. GIANNINI, Mayor
ATTEST:
M. J-C Di TjLE, City Clerk
RESOLUTION NO. 84-68
RESOLUTION CANCELLING REGULAR MEETING OF MORRO BAY
CITY COUNCIL OF DECEMBER 24, 1968
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED by the Morro Bay City Council that the
regularly scheduled meeting to be held on December 24,
1968 is hereby cancelled; and
BE IT FURTHER RESOLVED that the City Clerk be and
is hereby authorized and directed to publish a public
notice setting forth the fact of the aforementioned
cancellation of the regularly scheduled meeting in a
newspaper of general circulation published within the
City of Morro Bay.
On motion by Councilman Mallery and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts in its entirety the foregoing resolution by the
following roll call vote:
AYES:Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES:None
ABSENT: None
ADOPTED: December 10, 1968
C'- V
JO EPH C. GIANNINI, Mayor
ATTEST:
M. LITTLE, City Clerk
6
RESOLUTION NO. 83-68
RESOLUTION APPROVING AGREEMENT FOR THE
USE OF TWO WATER WELLS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the County of San Luis Obispo Waterworks
District No. 2 did on October 24, 1969 enter into an
agreement with Robert Ashurst and D. R. Ashurst for the
use of two water wells; and
WHEREAS, the City of Morro Bay is successor in
interest to the County of San Luis Obispo Waterworks
District No. 2; and
WHEREAS, the said agreement between County of San
Luis Obispo Waterworks District No. 2 and Robert Ashurst
and D. R. Ashurst has expired; and,
WHEREAS, Robert M. Ashurst and Ida V. Ashurst are
now the legal owners of the property described in the
original agreement between County of San Luis Obispo
Waterworks District No. 2 and Robert Ashurst and D. R.
Ashurst, and
WHEREAS, the City of Morro Bay is desirous of continuing
the use of said wells;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby approve the attached
agreement between the City of Morro Bay and Robert M.
Ashurst and Ida V. Ashurst; and,
BE IT FURTHER RESOLVED that the Mayor and City Clerk
of the City of Morro Bay are authorized and directed to
execute said agreement on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Mallery , 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, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: December 10, 1968
� � - 'V CLLNi..+-fiiLCi
G' JOSEPH C. GIANNINI, Mayor
ATTEST:
M. J6LITTL , City Cler
9
RESOLUTION NO. 82-68
RESOLUTION ESTABLISHING POLICY OF THE CITY COUNCIL
IN THE EVENT OF DEATH OF LESSEE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, it has recently been brought to the attention of the
City Council of Morro Bay that certain of the tide and submerged
land leases heretofore entered into by the County of San Luis
Obispo on lease sites within the city limits of the City of Morro
Bay provide that the County of San Luis Obispo reserves the option
of cancellation of such leases in the event of death of the lessee;
and
WHEREAS, an examination of all current tide and submerged land
leases discloses that many provide that the right of the lessee to
will or otherwise dispose of his lease upon the death of the lessee
shall be subject to the reasonable approval of the County of San
Luis Obispo as to such successor lessee; and
WHEREAS, the City of Morro Bay has succeeded to all interest
of the County of San Luis Obispo in and to such leases; and
WHEREAS, it is determined by the City Council that it would
be inequitable for certain of the tenants and their heirs to
lose all interest in and to tide and submerged land leases, to
the improvements thereon, and to the businesses developed therein,
should the lessor arbitrarily cancel all rights of the estate of
lessee in the event of death of such lessee and good cause appearing,
NOW, THEREFORE, BE IT RESOLVED that this City Council declare
its policy that any existing lease to tide and submerged land may
be held by the surviving joint tenant of lessee or by the heirs
and personal representatives of any deceased lessee, subject only
to the reasonable consent of the City Council that such successor
lessee is qualified as a successor lessee.
On motion by Councilman Mallery and seconded by Councilman
Donohoo , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: November 26, 1968
JOSEPH C. GIANNINI, Mayor
ATTEST:
4_7
M. J. LITTLE, City Clerk
RESOLUTION NO. 81-68
RESOLUTION REGARDING THE CROSSING OF CALIFORNIA-
MEXICAN BORDER BY UNACCOMPANIED MINORS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the use of narcotics by minors has become
an extremely serious problem in California; and
WHEREAS, there is ample evidence that considerable
quantities of narcotics are brought into California by
minors across the California -Mexican border; and
WHEREAS, the situation is of particular concern to
those cities in the southern part of the State and close
proximity to the Mexican border;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that the city urge the United
States Congress to conduct hearings in Southern California
to consider the closing of the California -Mexican border
to minors unless said minors are accompanied by a parent
or other responsible adult; and
BE IT FURTHER RESOLVED that copies of this resolution
be forwarded to members of the California Legislature and
to members of Congress urging their support of said
resolution.
On motion by Councilman Donohoo and seconded by
Councilman Keiser , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Bickford,
Mayor Giannini
NOES: None
ABSENT:None
ADOPTED: November 26, 1968
ATTEST:
M. LE, City Clerk
Donohoo, Keiser, Mallery, and
z'-e....C�
JOSEPH C. GIANNINI, Mayor
RESOLUTION NO. 80-68
RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES
WHEREAS, the City Council of the City of Morro Bay, San
Luis Obispo County, California, on the 26th day of November, 1968,
adopted plans and specifications for the improvements to be made
in Assessment District No. 5, City of-.. Morro Bay, San Luis Obispo
County, California;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of. Morro Bay that said City Council has determined and estab-
lished the general prevailing rate of per diem wages for each type
of craft of workman needed to execute or perform the necessary work
or improvements in accordance with the schedule appended hereto and
described, "Schedule of. Per Diem Wage Rates"; and
BE IT FURTHER RESOLVED that said "Schedule of Per Diem
Wage Rates" be, and it is hereby, embodied in the Notice Inviting
Sealed Bids and all contract documents in connection with said work
and improvement hereinabove described.
On motion of Councilman Mallery , and seconded
by Councilman Donohoo , the City .ounce of the City of Morro
Bay hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: Clnnrt-c2men None
Adopted: November 26, 1968
ayo JOSEPH C. GIANNINI
ATTEST:
OLM J. LIT- City Irk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay,
do hereby certify that the foregoing is a true and correct copy of
Resolution 8048 , passed by the City Council of the City of
Morro Bay at a regu ar meeting thereof, held on the 26th day of
November, 1968.
Dated: MALCOLM J. LITTLE, City Clerk,
SEAL)
f7- �R�,r'iiRRi AL
SCHEDULE OF PER DIEM WAGE RATES
'Basic Rate Per Hour Classification
$3.97 Laborers .
5.59 Plumbers
4.28 Laying of Non -Metallic Pipe
4.65 Drive,of dump truck (less than 4 yds., water level)
5.46 Skip loader operator, wheel type over 3/4 yd., up
to and including 12 yds.
5.46 Tractor operator, drag type shovel, bulldozer,
tamper, scooper and push tractor.
5.56 Universal equipment operator, shovel, backhoe,
dragline, derrick, derrick -barge, clamshell, crane,
piledriver and mucking machine.
5.56 Trenching machine operator, up to 6 ft. depth
capacity, manufacturer's rating.
3.78 Flagman
Health and welfare, pension, vacation and apprentice training benefits are
in addition to the.above amounts.
Classification not covered by prevailing rate: Any laborer or mechanic
employed to perform work on the project under this contract, which work is
not covered by any of the stipulated classifications, shall be paid not less
than the minimum rate of wages specified for the classification which most
nearly corresponds to the work to be performed by him and such minimum wage
rate shall be retroactive to the time of initial employment of such person
in such classification.
RESOLUTION NO. 79-68
RESOLUTION AND ORDER PRELIMINARILY ADOPTINC ENCINEER'S
REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS
ASSESSMENT DISTRICT NO. S, CITY OF MORRO BAY, SAN LUIS
OBISPO COUNTY, CALIFORNIA
WHEREAS, on the 8th day of October, 1968, the City Council
of the City of Morro Bay, San Luis Obispo County, California, adopted
its Resolution of Intention for the improvements to be made in Assess-
ment District No. 5, City of Morro Bay, San Luis Obispo County,
California, and referred said improvements to DARING, TAYLOR $
ASSOCIATES, INC., Engineer of Work for said assessment district;
and
WHEREAS, said City Council directed that said Engineer of
Work make and file with the City Clerk of. the City of Morro Bay,
San Luis Obispo County, California, a report in writing in accord-
ance with the provisions and requirements of the Municipal Improve-
ment Act of 1913 of the State of California: and
WHEREAS, said Engineer of Work did, on the 26th day of
November, 1968, file with the City Clerk of the City of Morro Bay
a report in accordance with the said resolution, and said City
Clerk has presented said report to this City Council for consideration;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, San Luis Obispo County, California, and this City
Council hereby finds:
1. That the report made and filed by the Engineer of Work
on the 26th day of November, 1968, contains all of the requirements
provided for said report by the provisions of the Municipal Improve-
ment Act of 1913, including (1) specifications: (2) plans and pro-
files and estimates of cost: (3) assessment diagram and assessment;
(4) descriptions of easements and/or rights -of -way to be acquired.
2. That said report, and each and every part thereof,
is sufficient in every particular, and it is hereby determined
-1-
that said report shall stand as the report for all subsequent pro-
ceedings under said Municipal Improvement Act of 1913; and
BE IT FURTHER RESOLVED that Tuesday, the 14th day of
January, 1969, at the hour of 7:30 o'clock P.M. of said day, at
the meeting place of the City Council of the City of Morro Bay,
located in the Morro Bay Recreation Hall, Shasta Avenue and Dunes
Street, Morro Bay, California, is hereby fixed as the time and place
for hearing protests with relation to the proposed improvements
described in said report; that any person interested in objecting
to said improvements, the grades to which the work will be done,
or has been done, the extent of the assessment district, the assess-
ment, or the engineer's estimate of cost and expenses, or any other
act or determination of the City Council or the Engineer of Work
of the assessment district may file protest in writing with the
City Clerk of the City of Morro Bay at or before the hour fixed herein
for hearing thereon; and
BE IT FURTHER RESOLVED that the City Clerk of. the City of
Morro Bay be, and he is hereby, directed to publish a Notice of Im-
provement pursuant to Section 6066 of the Government Code of the
State of California, the first of which said notices to be first
published at least twenty (20) days prior to the date herein set
for hearing of protests; and
BE IT FURTHER RESOLVED that the City Clerk of the City of
Morro Bay be, and he is hereby, further directed to cause Notices
of Improvement to be posted on all of the open streets within the
district described in the Resolution of Intention at not more than
three hundred feet apart on each street so posted in accordance with
the requirements of Sections 10302 and 10303 of the Municipal Im-
provement Act of 1913; and'
BE IT FURTHER RESOLVED that notices of the adoption of
the Resolution of Intention and filing of the Engineer's Report shall
be mailed, postage prepaid, to all persons owning real property
-2-
to be assessed whose names and addresses appear upon the last equal-
ized assessment roll for taxes, or are known to the City Clerk. Said
notices shall contain the matters required in Section 10307 of. the
Municipal Improvement Act of 1913 of the State of California.
BE IT FURTHER RESOLVED that this City Council hereby pre-
liminarily orders that the improvements described in the Resolution
of Intention be had and done in accordance with the plans and speci-
fications and profiles for said work. The plans and specifications
with said report are hereby adopted as the plans, profiles and speci-
fications for the doing of said work and improvements, and said City
Council hereby orders that bids shall be received for the doing of
said work and improvements on the 3rd day of January, 1969, at
2?00 o'clock p.M. of said day. Said bids or proposals shall be
delivered on or before Z;.pO o'clock P.M. of. the 3rd day of January,
1969, at the office of the City Clerk of the City of Morro Bay,
City Hall, 595 Sixth Street, Morro Bay, California, which said time
and place are hereby fixed as the time and place,of a public meet-
ing at which said bids will be publicly opened, examined and declared
by the City Clerk of the City of Morro Bay. Said bids after being
publicly opened, examined and declared, will be calculated by the
Engineer of Work, their report returned to the City Clerk, and the
report of the results of the bidding and the calculations of the
Engineer of Work will be reported to the City Council of the City
of Morro Bay.
The City Council reserves the right to reject any and all
proposals or bids should it deem this necessary for the public good,
and also the bid of any bidder who has been delinquent or unfaith-
ful in any former contract with the City of Morro Bay.
-3-
On motion of Councilman Malleerr and seconded by
Councilman Keiser the City oun' ci] of the City of Morro
Ray hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote: ,
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES:-Go"4wi-lTw4, Nnna
Adopted: November 26, 1968
yor JOSEPH C. GIANNINI
OLM J. LIT City lerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Ray, do
hereby certify that the foregoing is a true and correct copy of Resolution
79-68 passed by the City Council of the City of
orrF-oo iiay at a regular meeting thereof., held on the 26th day of
November, 1968.
Dated:
MALCOLM J. LITTLE, City Clerk,
-4-
RESOLUTION NO.78-68
RESOLUTION OF INTENTION TO ADOPT AMENDED BOUNDARY
MAP AND DIRECTING ITS FILING WITH THE COUNTY RECORDER,
ASSESSMENT DISTRICT NO. S. CITY OF MORRO BAY, SAN
LUIS OBISPO COUNTY. CALIFORNIA
WHEREAS, it is necessary to amend the boundary map
filed in the above district because of an error in the distance shown
for one of the courses on the original boundary map on file in the
office of the City Clerk of the City of Morro Bay; and
WHEREAS, the Engineer of Work of said Assessment District
No. 5 has filed with the City Clerk of the City of Morro Bay, San
Luis Obispo County, California, an amended map entitled, "Amended
Proposed Boundaries Assessment District No. 5, City of Morro Bay, San
Luis Obispo County, California," and it is the intention of the City
Council to amend the boundaries of the district to conform with said
amended map;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Morro Bay, San Luis Obispo County, California, that said
map is tentatively approved; and
BE IT FURTHER RESOLVED that a certified copy of said amended
map shall be filed with the County Recorder of the County of San Luis
Obispo County.
r;
On motion of Councilman Maller , and seconded
by Councilman Bickford the sty ounce of the City of. Morro
Bay hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote:
AYES:
Councilmen
Bickford, Donohoo, Keiser, Mallery,
& Mayor Giannini
NOES:
GO.Urte}I IRew
None
Adopted: November 26, 1969
I J,. . LITTL City ACle.
I
L
ay r JOSEPH C. GIANNINI
_1_
vR9GINAL
RESOLUTION NO. 77-68
RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE
OF HEARING THEREON
WHEREAS, the City Council of the City of Morro Bay, San Luis
Obispo County, California, did heretofore order the preparation by
GARING, TAYLOR $ ASSOCIATES, INC, of a report under the provisions of the
Special Assessment Investigation, Limitation and Majority Protest Act
of 1931, for the improvements and acquisitions to be made in Assess-
ment District No. 4, City of Morro Bay, San Luis Obispo County,
California, said report to be in the form and manner as set forth in
Part 2, Divis'ion 4 of said Act, which said report was to cover the
improvements and acquisitions to be made in said assessment district; and
,WHEREAS, said report has been duly completed and presented to
this City Council;
NOW, THEREFORE,, IT IS HEREBY RESOLVED by the City Council of the
City of Morro Bay, San Luis Obispo County-, California,- that said report
has been fully examined and considered by said City Council; and
BE IT FURTHER RESOLVED that said report is hereby approved, and
it is hereby ordered that,said report be forthwith filed with the City
Clerk of the City of Morro Bay and that said Clerk endorse thereon the
fact and date of this approval; and
BE IT FURTHER RESOLVED that this City Council hereby fixes
Tuesday, the 14th day of January, 1969, at the hour of 7:30 o'clock
P.M. of said day, as the time for hearing'upon said report and hereby
orders that said hearing shall be held and conducted by this Council
at the meeting place of the City, Council, located in the Morro Bay
Recreation llall, Shasta Avenue and Dunes Street, Morro Bay, California;
and
BE I1' FURTHER RESOLVED that the City Clerk of the City of Morro
Bay is hereby ordered and directed to.give notice of said hearing in the
time, form and.,manner provided by law.
U" it
GIM
On motion of Councilman Bickford and seconded
by Councilman Donohoo , 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, Donohoo,-Keiser, Mallerv, & Mayor Giannini
NOES: GG4+R-Gi 14*&R None
Adopted: November 26, 1968 ,,pp
L,
Mayor JOSEPH C..GIANNINI
ATTEST:
OLAi J. LI City Clerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay,
do hereby certify that the foregoing is a true and correct copy of
Resolution 77-68 , passed by the City Council of the City of
Morro Bay at a regular meeting thereof, held on the 26th day of
November, 1968.
Dated: MALCOLM J. LITTLE, City Clerk,
(SEAL)
RESOLUTION NO. 76-68
RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT
BE IT RESOLVED by the City Council of the City of Morro Bay,
San Luis Obispo County, California, that CARING, TAYLOR $ ASSOCIATES, INC.
be, and they. are hereby directed to make a report in the form and manner
as set forth in Part 2, Division 4 (Sections 2820-30, inclusive,) Streets
and Highways Code of the State of California, for proposed "Assessment
District No. 4, City of Morro Bay, San Luis Obispo County, California."
e
a
x
On motion of Councilman Donohoo , and seconded
by Councilman Bickford , the City Council o" the City of Morro
Bay hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOBS: ea=CkYmcrt None
Adopted: November 26, 1968
Aar 40P-
IALH C. GIANNINI
ATTEST: "
OLM J. LITTLE, Cit Clerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay,
do hereby certify that the foregoing is a true and correct copy of
Resolution 76-68 , passed by the City Council of the City of
Morro Bay at a regular meeting thereof, held on the 26th day of
November, 1968.
Dated: MALCOLM J. LITTLE, City Clerk,
(SEAL)
0 1� MAL
RESOLUTION NO. 75-68
RESOLUTION APPOINTING ENGINEER TO PREPARE DEBT LIMIT
PROCEEDINGS IN CONNECTION WITH PROPOSED ASSESSMENT
DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO
COUNTY, CALIFORNIA
WHEREAS, the City Council of the City of Morro Bay has requested
the preparation of Debt Limit proceedings so that a hearing on the Debt
Limit Report may be had pursuant to the provisions of the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931
of the State of California; and
WHEREAS,.it is necessary that certain -engineering -work be done
in connection with filing said Debt Limit Report and said hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay, San Luis Obispo County, California, that the firm of
GARING, TAYLOR $ ASSOCIATES, INC, be, and they are hereby, appointed
to prepare all engineering documents up to and including the time of
the hearing on a report under the above mentioned Debt Limit Act, said
services to include attendance at necessary. Council meetings, the filing
of said report, and the hearing on said report; and
BE IT FURTHER RESOLVED that the compensation of said GARING,
TAYLOR $ ASSOCIATES, INC. for said services is hereby fixed at the sum of
any unpaid balance of
Five Thousand, Two Hundred Dollars ($5,200.00),/said compensation to be
paid at the termination of the hearing on the Debt Limit Report under
the said hereinabove mentioned"Debt Limit Act.
x
On motion of Councilman Bickford . , and seconded
by Councilman Donohoo , the City Council o the City of Morro
Bay hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: C64RQi IMGA
Adopted: November 2
ATTEST:
=•'
-1-
RESOLUTION NO, 74-68
RESOLUTION APPROVING BOUNDARY MAP
WHEREAS, there has been filed with the City. Clerk of the City
of Morro Bay, San Luis Obispo County, California, a map showing the
proposed boundaries of Assessment District No. 4, City of Morro Bay,
San Luis Obispo County, California;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay, San Luis Obispo County, California, that that certain
map entitled, "Proposed Boundaries, Assessment District No. 4, City
of Morro Bay, San Luis Obispo County, California," be, and the same
is hereby, approved.
On motion of Councilman Keiser and seconded
by Councilman Bickford , the ity ounce o the City of Morro
Bay hereby adopts in its entirety the foregoing Resolution, on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery & Mavor Giannini
NOES: Gouii-c-rlme-n None
Adopted: November 26, 1968 ,
�ay-� JOSEPH C. GIANNINI
ATTEST: '
b COLbf J. L TTLE, C' y Clerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay,
do hereby certify that the foregoing is a true and correct copy of
Resolution. 74-68 , passed by the City Council of the City of
Morro Bay at a regular meeting thereof, held on the 26th day.of
November, 1968.
Dated: LCOL't J. L TLE, C Clerk,
(SEAL)
� ��GMAL
RESOLUTION NO. 73-68
RESOLUTION ACCEPTING DEED FROM
THE COUNTY OF SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City of Morro Bay does hereby
accept a Quitclaim Deed from the County of San Luis Obispo
for all that real property described in said Deed, 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 execute a Certificate of Accept-
ance and Consent to Recordation for the aforementioned real
property on behalf of 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 City Clerk be and is
hereby authorized and directed to record said Deed and
Certificate of Acceptance, together with a copy of this
resolution, in the Office of the Recorder of the County of
San Luis Obispo.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the
following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: November 12, 1968
AJOSEMC. NNINI, Mayor
ATTEST:
M. .iL T LE, City Clerk
RESOLUTION NO. 72-68
RESOLUTION ACCEPTING DEED FROM
THE COUNTY OF SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City of Morro Bay does hereby
accept a Quitclaim Deed from the County of San Luis Obispo
for all that real property described in said Deed, 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 execute a Certificate of Accept-
ance and Consent to Recordation for the aforementioned real
property on behalf of 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 City Clerk be and is
hereby authorized and directed to record said Deed and
Certificate of Acceptance, together with a copy of this
resolution, in the Office of the Recorder of the County of
San Luis Obispo.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the
following roll call vote:
AYES: Councilmen Bickford,
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: November 12, 1968
ATTEST:
M.LITTLE, City Cler
Donohoo, Keiser, Mallery, and
AJOS
PH C. GIANNINI, Mayor
RESOLUTION NO. 71-68
RESOLUTION ACCEPTING DEED FROM
THE COUNTY OF SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City of Morro Bay does hereby
accept a Quitclaim Deed from the County of San Luis Obispo
for all that real property described in said Deed as
Parcels 1 - 7, 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 execute a Certificate of Accept-
ance and Consent to Recordation for the aforementioned real
property on behalf of the City of Morro Bay, a copy of
which is attached hereto and be 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 and
Certificate of Acceptance, together with a copy of this
resolution, in the Office of the Recorder of the County of
San Luis Obispo.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the
following roll call vote:
AYES: Councilmen Bickford,
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: November 12, 1968
ATTEST:
4Z2� �2
M. 1. L TTLE, City Clerk—
Donohoo, Keiser, Mallery, and
JOS PH C. GIANNINI, Mayor
0
RESOLUTION NO. 70-68
RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT
TO CALIFORNIA STATE POLYTECHNIC COLLEGE CORINTHIAN SAILING CLUB
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that that certain document entitled "Water-
front Use Permit Agreement" between the City of Morro
Bay and the California State Polytechnic College Corinthian
Sailing Club is hereby approved by the Morro Bay City
Council, and the Mayor be and is hereby authorized and
directed to sign said Use Permit Agreement for and on
behalf of the City of Morro Bay.
On motion by Councilman Keiser and seconded by
Councilman Mallery , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: November 12, 1968
JOSEPH C. GI/ANNINI, Mayor
ATTEST:
M. LI LE, City Clerk
RESOLUTION NO. 69-68
RESOLUTION GRANTING USE PERMIT TO CONDUCT
STREET PARADE TO THE MORRO BAY HIGH SCHOOL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay High School has requested
permission to use various city streets to assemble and
conduct a Homecoming Parade on Wednesday, November 6,
1968; the following resolution_is hereby proposed:
RESOLVED that the Mayor of the City of Morro Bay be
and is hereby 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 Piney Way, 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 by Councilman Bickford and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the followingroll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, & Mayor Giannini
NOES: None
ABSENT: Councilman Mallery
ADOPTED: October 22, 1968
/,T'YOSJ#H C. GIANNINI, Mayor
ATTEST:
J. , City Clerk
RESOLUTION NO. 68-68
RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM
DEED TO A PORTION OF BEACH STREET (FORMERLY EIGHTH STREET)
T H E C I T Y C O U N C I L
City of Morro Bay, California
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 des-
cribed 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
Supervisors 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 and interest in and to a portion of
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
RESOLUTION NO. 68-68
PAGE TWO
interest to convey said property to Arthur C. Lyle, now an
unmarried man, and
WHEREAS this city has heretofore attempted to convey all
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, an unmarried man,
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
Councilman Donohoo , 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, Donohoo, Keiser, & Mayor Giannini
NOES: None
ABSENT: Councilman Mallery
ADOPTED: October 23, 1968
JOS�PH C. GIANNINI, Mayor
ATTEST:
M. Q'/ LI E, City Clerk
E
WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
City of Morro Bay
595 Harbor Street
Morro Bay, California
93442
I
RDER' S USE ON]
No cash consideration
No revenue stamps required
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the City of Morro Bay, a municipal corporation,
does hereby remise, release, and forever quitclaim to Arthur
C. Lyle, an unmarried man, the real property in .the City of
Morro Bay, County of San Luis Obispo, State of California, des-
cribed as follows:
All that part of Eighth Street (now Beach 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:
Beginning at the intersection of the Easterly line
of "C" Street (now Monterey Avenue) with the Southerly
line of Eighth Street, as shown on said map; thence
Easterly along the Southerly line of Eighth Street to
its intersection with the Northeasterly line of the
Town of Morro, as shown on said map, thence Northwesterly
along the Northeasterly line of said Town of Morro to a
point on the Easterly line of "C" Street; thence Southerly
along said Easterly line'to the point of beginning.
CITY OF MORRO BAY, A Municipal,_:.
Corporation
DATED: October 22, 1968 By.«nr�u-raG
,- OSEPH C. GIADI INI, Mayor
By'x
-1-
.,�
�, u
STATE•OF CALIFORNIA ) SS.
COUNTY OF SAN LUIS OBISPO )
On October 22, 1968, before me, the undersigned, a
Notary Public in and for the said County and State,
personally appeared Joseph C. Giannini known to me
to be the Mayor and M. J. Little known to me to be
the City Clerk of the municipal corporation that
executed the within instrument, and known to me to
be the persons who executed the within instrument
,on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal
corporation executed the within instrument pursuant
to a resolution of the City Council.
(Seal)
OFFICIAL SEAL
D, REYNOLDS
NOTARYELIZA!rUBL
NOTARY PUBUC- CALIFORNIA
PRINCIPAL OFFICE IN
SAN LUIS OSISPO COUNTY
MAIL TAX BILLS TO:
ELIZABETH B. REYNOLDS
My Commission Expires Jan. 13, 1969
Arthur C. Lyle
1028 Monterey Avenue
Morro Bay, California
93442
n
-2-
0
RESOLUTION NO. 67-68
RESOLUTION APPROVING GRANT OF USE PERMIT
TO REGAL SEA FOOD COMPANY
T H E C I T Y C O U N C I L
City of Morro Bay, California
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 Sea Food Company is hereby
approved by the Morro Bay City Council, and the Mayor
be and is hereby authorized and directed to sign said
Use Permit Agreement for and on behalf of the City of
Morro Bay.
On motion by Councilman Bickford and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, & Mayor Giannini
NOES: None
ABSENT: Councilman Mallery
ADOPTED: October 22, 1968
z
Aj
S PH C. GIANNINI, Mayor
ATTEST:
M. LE, City Cler
RESOLUTION NO. 66-68
RESOLUTION AUTHORIZING PAYMENT OF GROUP HOSPITAL AND
MEDICAL INSURANCE FOR EACH INDIVIDUAL EMPLOYEE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did by minute
order on September 22, 1964 authorize the payment by the
city of $4.00 towards the cost of group hospital and medical
insurance for each individual employee; and
WHEREAS, the Morro Bay City Council considers it in
the best interest of the City of Morro Bay to pay the total
cost of the group hospital and medical insurance for each
individual employee;
NOW, THEREFORE, BE IT RESOLVED that the City Treasurer
be and is hereby authorized to pay from the General Funds
of the City of Morro Bay the total cost of group hospital
and medical insurance for each individual employee; and
BE IT FURTHER RESOLVED that the minute order of
September 22, 1964 authorizing the payment of $4.00 of
the group hospital and medical insurance for each individual
employee is hereby recinded.
On motion made by Councilman Donohoo and seconded
by Councilman Bickford , 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 Bickford, Donohoo, Keiser, and Mayor
Giannini
NOES: None
ABSENT: Councilman Mallery
ADOPTED: October 22, 1968
GGsu!
JOS PH�CANNINI, Mayor
RESOLUTION NO. 65-68
RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS,
ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS
WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING
METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY RESOLUTIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council has adopted a Personnel
System by Ordinance No. 21, passed and adopted on March 23, 1965;
and
WHEREAS, said ordinance requires that a position classification
plan be adopted which covers all positions in the competitive
service and a plan of compensation directly correlated with the
position classification plan; the following resolution is hereby
proposed:
RESOLVED that effective November 1, 1968, the employees of
the City of Morro Bay shall be assigned to position classifications
as set forth in that certain document entitled "Position Classification
and Salary Review", dated May 1965, as amended; and
BE IT FURTHER RESOLVED that Resolution No. 27-68, passed and
adopted on May 14, 1968 is hereby repealed as of November 1, 1968;
and
BE IT FURTHER RESOLVED that said employees shall be assigned
to salary steps within the respective pay range of the position
classification as set forth in the following sections which are
hereby adopted as follows:
RESOLUTION NO. 65-68
PAGE TWO
Section 1. Salary Schedule
1 2 3
Normal Fi— rst Full
Range Hiring Incentive Qualification
No. Rate Rate Rate.
3
4
S
6
7
8
9
10
11
12
13
14
15
1.6 .
17
18
19
20
21
22
23
24
2S
26
27
28
29
30
31
32
33
34
3S
36
37
38
39
40
41
42
43
444
4S
46
47
48
49
50
4
Above Avg.
Performance
Rate
5
Outs -Landing
Performance
Rate
$288
$306
$32S•
$34S
$365
297
316
335
355
375
306
325
34S
365
38S
316
335
3S5
375
395
325.
345
365
385
405.
335
355
375
395
417
34S
36S
385
405
430
355
375.
39S
417
442
365
385
40S
430,
455
375
395
41.7
442.
467
38S
405
430•
45S
480
395
417
442
467
494
405
430
4S5
480
508
417
442
467
494
521
430
45S
480
508
S3S
442
467
494
S21
550
4SS
480
508
53S
565
467
494
521
550'
S82
480
508
535
565
600
494
521
SSO
582
617
•508
535
565
600
635
521
SSO
582
617
652
S35
565
600
635
670
550
582
617
652
690
565
600
635
670
710
582
617
652
690
730
600
635
670
710
750
617
652
690
730
770
635
670
710
7S0
790
652.
690
730
770
812
670
710
7S0
790
835
690
730
770
812
860
710
750
790
835
885
730
770
812
860
910 .
750
790
835
885
93S
770
812
860
910
962
790
.835
88S
935
990
812
860
910
962
1017
835
885
935
990
1045
860
910
962
1017
1072
88S
935
990
1045
1100
910
962
1017
1072
1131
935
990
1045
1100
1160
962
1017
1072
1131
1193
990
1045
1100
1160
1224
1017
1072
1131
1193
1259
1045
1100
1160
1224
1291
1072
1131
1193
1259
1328
1100
1160
1224
1291
1362
1131
1193
1259
1328
1401
RESOLUTION NO. 65-68
PAGE THREE
Section 2. Position Classifications
DEPARTMENT HEAD CLASSES
Range
Salary
City Administrator
42
910 - 1131
Director of Public Works
40
860 - 1072
Director of Finance
39
835 - 1045
Fire Chief
39
835 - 1045
Police Chief
39
835 - 1045
Director of Planning & Building
39
835 - 1045
ENGINEERING AND BUILDING INSPECTION CLASSES
Civil Engineering Assistant II
31
670 -
835
Chief Building Inspector
29
635 -
790
Civil Engineering Assistant I
26
582
- 730
Principal Engineering Aide
23
535 -
670
Building Inspector
22
521
- 652
Senior Engineering Aide
17
455
- 565
Drafting Aide
12
395
- 494
ADMINISTRATIVE, FISCAL, AND CLERICAL CLASSES
Administrative Assistant
33
710
- 885
Accountant
27
600
- 750
Administrative Aide
17
455
- 565
Legal & Administrative Secretary
13
405
- 508
Account Clerk II
13
405
- 508
Stenographer
12
395
- 494
Account Clerk I
9
365
- 455
Dispatcher Clerk
9
365
- 455
Records Clerk
9
365
- 455
Typist Clerk II
8
355
- 442
Typist Clerk I
4
316
- 395
LIBRARY AND RECREATION CLASSES
Director of Parks & Recreation
33
710 -
885
Parks & Recreation Supervisor
24
550 -
690
City Librarian
31
670 -
835
Senior Librarian
21
508 -
635
Junior Librarian
17
455 -
565
MAINTENANCE AND RELATED CLASSES
Public Works Superintendent
33
710
- 885
Utilities Foreman
26
582 -
730
Harbor Patrolman
20
494 -
617
Maintenance Leadman
18
467
- 582
Water Meter Repairman
16
442 -
550
Maintenance Man
15
430 -
535
Groundskeeper
12
395 -
494
Janitor
10
375
- 467
RESOLUTION NO. 65-68
PAGE FOUR
POLICE AND FIRE CLASSES
Police Captain
33
710
- 885
Assistant Fire Chief
33
710
- 885
Fire Marshall
30
652
- 812
Police Lieutenant
30
652
- 812
Fire Captain
26
582
- 730
Police Sergeant
26
582
- 730
Fireman
22
521
- 652
Police Officer
22
521
- 652
Policewoman
20
494
- 617
UTILITY PLANT CLASSES
Chief Disposal Plant Operator
27
600 -
750
Disposal Plant Operator II
18
467 -
582
Disposal Plant Operator I
15
430 -
535
a
P
E
RESOLUTION NO. 65-68
PAGE FIVE
Section 3. Rules Governing Step Increases
(a) The following rules shall govern step increases for all
employees hired hereafter and for employees listed under Section 4
below:
1. The first step is the minimum rate and shall normally be
the hiring rate for the class. In cases where it is
difficult to secure qualified personnel, or if a person
of unusual qualifications is eligible for employment,
the City Council may authorize the administrative officer
to hire at the second or third step. If a person is
hired at the second or third step, he shall receive the
next step when he has completed the time requirement for
such advanced step as outlined below, and is recommended
for advancement by the department head and approved by
the administrative officer. The first six months, regardless
at which step employment begins, is the probationary period.
2. The second step is an incentive adjustment and is given at
completion of six months' probationary employment at the
first step. Employees may be advanced to the second step
upon recommendation by their department head and approval
by the administrative officer.
3. The third step represents the middle value of the salary
range and is the rate at which a fully qualified, experienced
and ordinarily conscientious employee may expect to be paid
after a reasonable period of satisfactory service. An
employee may be advanced to the third step after completion
of six months of service at the second step provided the
advancement is recommended by the department head and
approved by the administrative officer.
4. The fourth step is to be awarded for work which is above
average for the class. An employee may be advanced to the
fourth step after completion of one year of service at the
third step provided the advancement is recommended by the
department head and approved by the administrative officer.
5. The fifth step is intended as a reward for outstanding
performance. An employee may be advanced to the fifth
step after completion of one year of service at the
fourth step provided the advancement is recommended by
the department head and approved by the administrative
officer.
(b) In applying the above rules, the next step increase shall be
granted, other conditions being met, on the following basis:
1. For those having an anniversary date on the first of the
month, the increase shall be effective that date.
2. For those having an anniversary date on the second of the
month or later, the increase shall be effective the first
day of the following month.
RESOLUTION NO. 65-68
PAGE SIX
(c) Probationary period of employment shall be.as follows:
1. Fire and Police Departments . . . . . . 1 year
2. All other permanent employees . . . 6 months
3. The first six months or one year of service, whichever
applies to the position at'which employed, regardless
of the hiring step shall be considered as the probationary
period.
RESOLUTION NO. 65-68
PAGE SEVEN
Section 4. Assignment of Employees to Position Classifications
(a) The following employees hired on or
prior
to the
effective
date of this resolution shall be governed by
the rules as
set forth
in Section 3. All step increases shall be computed
from the effective
date of the last
step increase as shown.
Range
& Step
Date of Last
Name
Classification
As of
11-1-68
Step Increase
Battles, L.
Typist Clerk I
4
3
11-1-68
Blades, R.
Police Officer
22
5
7-1-68
Bradford, J.
Police Sergeant
26
5
6-1-67
Castle, V.
Fireman
22
3
10-1-68
Cecil, N.
Stenographer
12
5
3-1-68
Conn, R.
Disposal Plant Oper.I
15
4
12-1-67
Copeland, A.
Maintenance Man
15
5
7-1-67
Currens, M.
Typist Clerk II
8
5
10-1-67
Curtis, G.
Police Officer
22
1
10-1-68
Donovan, G.
Maintenance Man
15
4
4-1-68
Eidson, J.
Fireman
22
5
7-1-67
Evans, S.
Policewoman
20
5
6-1-67
Feierabend, C.
Police Sergeant
26
5
6-1-67
Fordyce, H.
Maintenance Man
15
3
2-1-68
Franks, L.
Fireman
22
5
7-1-67
Fry, C.
Maintenance Leadman
18
5
10-1-67
Henexson, S.
Fireman
22
5
7-1-67
Hinely, A.
Maintenance Man
15
4
10-1-68
Holeman, W.
Police Chief
39
5
6-1-67
Hunt, R.
Fireman
22
5
9-1-68
Huntington, R.
Maintenance Man
15
3
8-1-68
Johnsrud, V.
Account Clerk I
9
1
8-1-68
Klein, W.
Police Officer
22
1
8-1-68
Little, M.
City Administrator
42
4
10-1-68
Linhares, J.
Maintenance Man
15
2
10-1-68
Ludeman, C.
Director of Finance
39
5
12-1-67
Madruga, B.
Policewoman
20
4
8-1-68
Marsden, J.
Police Officer
22
4
12-1-67
Medeiros, D.
Typist Clerk II
8
5
7-1-68
Minugh, M.
Harbor Patrolman
20
1
8-1-68
McSpadden, G.
Harbor Patrolman
20
5
11-1-67
Oakes, F.
Fire Captain
26
5
9-1-67
Peterson, D.
Maintenance Man
15
5
8-1-68
Ramos, D.
Typist Clerk II
8
4
10-1-68
Ramos, G.
Utilities Foreman
26
1
8-1-68
Reynolds, E.
Account Clerk II
13
5
9-1-67
Richards, D.
Chief Disp. Plant Oper.
27
4
11-1-68
Rigger, N.
Fire Chief
39
5
7-1-67
Schacht, R.
Police Sergeant
26
5
7-1-67
Shelton, V.
Maintenance Man
15
5
11-1-68
Smith, M.
Disposal Plant Oper.•I
15
4
10-1-68
Stephens, F.
Fire Captain
26
5
9-1-67
Stuart, D.
Asst.. Dir. Public Works
36
4
8-1-68
Valley, K.
Civil Engineering Asst.
26
4
8-1-68
Van Dyne, G.
Police Officer
22
5
7-1-68
Venancio, M.
Maintenance Man
15
5
10-1-67
Wentzell, C.
Stenographer
12
3
9-1-68
Wilde, L.
Fireman
22
5
7-1-67
Williams, W.
Maintenance Man
15
5
8-1-68
RESOLUTION NO. 65-68
PAGE EIGHT
Section 5. Schedule of Salaries for Positions not within the
Classifications Plan and Salary Schedule
(a) Miscellaneous Classifications
Part-time Help
School Crossing Guard $1.95 per hour
Extra Help Minimum hourly rate for
the classification
Campground Caretaker $225 per month
(6 months)
Summer - Temporary Help
Student Workers $1.60 per hour
Recreation Leader $1.75 per hour
Recreation Specialist $2.00 per hour
Volunteer Firemen $20.00 per month
Overtime Pay, All Classes
Straight time computed at the individual's current
hourly rate
(b) Appointed Officers
City Clerk
$1.00 per month
City Treasurer $1.00 per month
_: A
RESOLUTION NO. 65-68
PAGE NINE
On motion made by Councilman Donohoo 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, Donohoo, Keiser, and Mayor Giannini
NOES: None
ABSENT: Councilman Mallery
ADOPTED: October 22, 1968
AJO•PH C. GIANNINI, Mayor
ATTEST:
. J/-/LIIWT.LA, City Cie
RESOLUTION NO. 64-68
RESOLUTION APPROVING PARCEL MAP #MB 68-30
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Parcel Map #MB 68-30 has been prepared by
Garing, Taylor and Associates showing the division of a portion
of the parcels shown as "The Lands of March and McAllister in the
Town of Morro" and of the property lying westerly thereof; and
WHEREAS, Parcel Map #MB 68-30 delineates the position of
Tide Lands Survey No. 10, which position agrees with the State
Lands Commission location as shown on their maps of the grant
to the County of San Luis Obispo:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay that that certain map entitled Parcel Map
#MB 68-30 be, and the same is hereby approved; and
BE IT FURTHER RESOLVED that a certified copy of said
parcel map herein approved shall be filed with the County Recorder
of the County of San Luis Obispo.
On motion of Councilman Donohoo and seconded by
Councilman Mallery , the Morro Bay City Council hereby adopts
the foregoing resolution in its entirety on the following roll
call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
)LJOSAH:&C—�IINI, Mayor
ATTEST:
M. J, LITTLE, City Clerk
r�
RESOLUTION NO. 63-68
RESOLUTION GRANTING A USE PERMIT TO CONDUCT A
STREET PARADE TO THE MORRO BAY LIONS CLUB
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Lions Club has requested permission
to use various City streets to assemble and conduct the annual
Halloween Parade on Sunday, October 27, 1968; the following
resolution is hereby proposed:
RESOLVED that the Mayor of the City of Morro Bay be and
is hereby authorized and directed to execute a Use Permit Agree-
ment 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 Avenue, Morro Bay Boulevard,
and Monterey Avenue; 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 by Councilman Mallery 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, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
AJOS
94-ANNINI, Mayor
ATTEST:
M. LITTLE, City Clerk
RESOLUTION NO. 62-68
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF
MUTUAL FIRE PROTECTION AID AGREEMENT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, it is to the mutual advantage and benefit of the
City of Morro Bay and the South Bay Fire District to enter into
an agreement for mutual fire protection to suppress fires of a
magnitude that have developed, or appear likely to develop,
beyond the control of a single party and therefore require the
combined forces of the parties; the following resolution is
hereby proposed:
RESOLVED that the attached agreement entitled "Agreement for
Mutual Fire Protection Aid" by and between the City of Morro Bay
and the South Bay Fire District is hereby approved 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 Donohoo and seconded by
Councilman Mallery , the City Council of the City of Morro
Bay hereby adopts in its entirety the for proposed reso-
lution on the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
/,7nOS2eP_HC. GIANNINI, Mayor
ATTEST:
c-a-.
1. L &'C'ty C er
rI
RESOLUTION NO.61-68
RESOLUTION ACCEPTING DEED FROM
PACIFIC GAS AND ELECTRIC COMPANY
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City of Morro Bay does hereby accept a
Grant Deed from Pacific Gas and Electric Company for all that
real property described in said Deed, 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 execute a Certificate of Acceptance
and Consent to Recordation for the aforementioned real property
on behalf of 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 City Clerk be and is hereby
authorized and directed to record said Deed and Certificate of
Acceptance, together with a copy of this resolution, in the
Office of the Recorder of the County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Mallery , the Morro Bay City Council hereby adopts
the foregoing resolution in its entirety by the following roll
call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
JOSE H C. GIANNINI, Mayor
ATTEST:
M. . L ITTLE, City Clerk
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property
conveyed by the Grant Deed dated January 25, 1968 from PACIFIC
GAS AND ELECTRIC COMPANY to the CITY OF MORRO BAY, a Political
Corporation, is hereby accepted by order of the City Council
of the City of Morro Bay on October 8, 1968 and the Grantee
consents to recordation thereof by its duly authorized officer.
Dated: October 9, 1968 CITY OF MORRO BAY
By: P ,� z e�r - '
OSEP C. GIANNINI, Mayor
ATTEST:
M. J.LtITTLE, City Cler
RESOLUTION OF INTENTION NO. 60-68
IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS IN
ASSESSMENT DISTRICT NO. 5, 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 it is the intention
of said Council to order the following improvements to be made in
Assessment District No. 5, City of Morro Bay, San Luis Obispo
County, California to wit:
The furnishing, construction and installation of
water lines and appurtenant facilities.for domestic
and fire protection service.
BE IT RESOLVED that said improvements to be constructed
in the streets, avenues, lanes, courts, roads, places and/or public
ways hereinabove described,.will be of dimensions, materials, and
in the particular locations, as set forth and shown on the plans
and specifications and detailed drawings hereinafter referred to;
together with the construction of all appurtenances thereto, includ-
ing necessary fittings, trenchings, grading and regrading, excava-
tion and fill, removal of obstructions, connections to existing
services, back filling, reconstruction of existing ground surface
as required to conditions existing prior to commencement of construc-
tion, all in the manner, of the materials, and .to the dimensions
and to the grades, and in the particular locations as the same will
be more fully shown on the plans and specifications and detailed
drawings hereinafter referred to;
That the structures and work and improvements herein described
shall be constructed to the grades, sub -grades and elevations severally
to be shown upon the plans and profiles and detailed drawings thereof
in the respective locations thereof, which said grades are hereby
adopted as the official grades therefor for all purposes in connec-
tion with the proceedings pursuant to this Resolution of Intention.
Notice is hereby given that said grades may be new and different
from those heretofore established or existing, or may be different
from existing ground levels.
All of said work shall include, without duplication, any
and.all street intersections, terminations and opposite termina-
tions occurring within the limitations of said work.
The attention of all persons is directed to the fact that
not all of said classes of work above described may be constructed
upon all the streets and/or public ways above described in their
entirety, but only upon the particular locations as shown on the
plans and specifications hereafter referred to, which said plans
and specifications shall govern as to all details with relation
to the same.
BE IT FURTHER RESOLVED that the City Council of the City
of Morro Bay hereby makes the expenses and costs of said improve-
ments chargeable upon a district, which said district said Council
hereby declares the district benefited by the improvements herein
described; said district shall include that territory in the City
of Morro Bay, San Luis Obispo County, California, which is shown
on that certain map on file in the office of'the City Clerk of the
City of Morro Bay, and which is entitled and described, "Proposed
Boundaries, Assessment District No. 5, City of Morro Bay, San Luis
Obispo County, California," and which said map indicates by a boundary
line the extent of the territory included in the proposed district -
and covers all details as to the extent of the area to be assessed;
said map is, by this reference, incorporated herein and made a part
hereof.'
Excepting from the area shown and delineated on said map
hereinabove referred to, the area of all public streets, avenues,
-2-
lanes, roads, drives, courts, places, public parks, and all easements
and rights -of -way therein contained belonging to the public, and
also all property owned by the City of Morro Bay, the County of
San Luis Obispo, the State of California, or the United States of
America, contained therein, now in use in the performance of a public
function.
NOTICE IS HEREBY GIVEN that serial bonds to represent
unpaid assessments, and bearing interest at the rate of not to exceed
seven per cent (7%) 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 repre-
sent unpaid assessments of Fifty Dollars ($50.00) or over, the last
installment of which bonds shall mature nine (9) 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 provided 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."
In case of default, there shall be added to the defaulted
amount one (1) per cent of the amount thereof, and on the 1st day
of each month following such default there shall be added a further
penalty of one (1) per cent of such defaulted amount. The one (1)
per cent penalty first imposed shall be retained by the Treasurer
as'a cost of servicing the delinquency and all subsequent penalties
shall be paid to the holder of the bond along with and as a part
of such defaulted payment.
Proceedings for all work shall be taken pursuant to the
Municipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of the Improvement Act of 1911.as
heretofore described.
BE IT FURTHER RESOLVED that this Council.hereby finds
that the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 does not apply to these proceedings.
BE IT FURTHER RESOLVED that in accordance with the pro-
visions of Sections 10203 and 10204 of the Streets and Highways
Code, being a part of the Municipal Improvement Act of 1913, the
matter of the improvements herein referred to is hereby referred
to GARING, TAYLOR & ASSOC., INC., the firm having charge and control
of the improvements described in this resolution. Said firm is
hereby directed to make and file with the City Clerk of the City
of Morro Bay a report in writing containing the following:
a. Plans and specifications of the proposed improve-
ment if the improvement is not already installed;
b. A general description of the works or appliances
already installed and any other property necessary
or convenient for the operation of the improvement,
if the works, appliances or property are to be
acquired as part of the improvement; .
C. An estimate of the cost of the improvement and of
the cost of lands, rights -of -way, easements and
incidental expenses in connection with the improve-
ment. If the legislative body in the resolution
of intention ordered that private utility damages
be included in the assessment, the report shall
contain an estimate of private utility damages;
d. A diagram showing the assessment district and the
boundaries and dimensions of the subdivisions of
land within the district as they existed at the
time of the passage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as defined in Section 783 of the
Civil Code, shall be given a separate number upon
the diagram.
-4-
e. A proposed assessment of the total amount of the
cost and expenses of the proposed improvement
upon the several subdivisions of land in the
district in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from the improvement. when any portion or percent-
age of the cost and expenses of the improvement
is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such portion or percentage shall first
be deducted from the total estimated cost and
expenses of the improvement, and the assessment
upon property proposed in the report shall include
only the remainder of the estimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective numbers as assigned
pursuant to subdivision (d) of this section.
BE IT FURTHER RESOLVED that if any surplus remains in
the Improvement Fund after the completion of the improvements and
the payment of all claims from the Improvement Fund, said surplus
shall be transferred to the general fund of the City if it does
not exceed the lesser of $1,000.00 or five per cent (5%) of the
total amount expended from the Improvement Fund; otherwise said
surplus shall be applied as a credit upon the assessment in the
manner provided in Section 10427..1 of the Streets and Highways Code.
x � �
-5-
On motion of Councilman Mallery , seconded
by Councilman Donohoo the Morro Bay City Council
hereby adopts in its entirety the foregoing resolution on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo „ Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968 Q
,�Mayore JOSEPH C. GIANNINI
ATTEST:
OLM J. LITTL City C
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 60-68 , passed by the City Council
of the City of Morro Bay at a regular meeting thereof, held on
the 8th day of October , 1968.
Dated: October 9, 1968
MALCOLM J. LITTLE, Clerk
SEAL
0.
RESOLUTION NO. 59-68
RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND
AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED by the City Council of the City of Morro
Bay, San Luis Obispo County, California, that STURGIS, DEN-DULK,
DOUGLASS & ANDERSON, Attorneys at Law, Oakland, California, be,
1
and they are hereby, appointed as Special Bond Counsel to conduct
special assessment district proceedings in Assessment District No.
5, City of Morro Bay, San Luis Obispo County, California; and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be as provided in the
attached agreement; and
BE IT FURTHER RESOLVED that the Mayor of the City of
Morro Bay be authorized to sign, and the City Clerk thereof be author-
ized to attest, that certain agreement employing the said STURGIS,
DEN-DULK, DOUGLASS & ANDERSON as Special Bond Counsel to do and
perform the services therein set forth and upon the compensation
therein provided for.
* * s
-1-
On motion of Councilman Mallery , seconded
by Councilman Donohoo ,.the Morro Bay City Council
hereby adopts in its entirety the foregoing resolution on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
Mayor JOSEPH C. GIANNINI
ATTEST:
lerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 59-68 ', passed by the City Council
of the City of Morro Bay at a regular meeting thereof, held on
the 8th day of October , 1968.
Dated: October 9, 1968
LCOLbi J. TLE, Ci lerk
_
(SEAL)
A G R E E M E N T
THIS AGREEMENT, made and entered into this 8th day of
October, 1968, by and between the CITY OF MORRO BAY, a municipal
corporation of the State of California, hereinafter called First
Party and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law,
Special Bond Counsel, hereinafter called Second Party;
W I T N E S S E T H:
That for and in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as follows:
1. First Party proposes to initiate proceedings for the
improvements in Assessment District No. 5, City of Morro Bay, San
Luis Obispo County, California.
2. First Party hereby employs Second Party as Special
Bond.Counsel and Second Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
the following:
a. Such preliminary consultations and advice as are
necessary with First Party officials, or First
Party officials and groups not comprised of.First
Party officials, to determine the best proceedings
to be taken and what district is to be formed;
b. Preparation of any and all.proceedings from the
time of commencement of formal proceedings by
petition or action of the governing body of
First Party through to consummation of the pro-
ceedings and sale of the special assessment bonds
which may be issued in connection with said
proceedings;
C. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
-1-
d. Second Party is to be available for consulta-
tion by First Party officials, groups and/or
individuals for information and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
e. Second Party agrees that there shall be included
in the amount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proceedings.
3..'The fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation, communica-
tion or other out-of-pocket expenses, or for any services in con-
nection with litigation.
4. Second Party shall receive as compensation for the
services herein agreed to be provided. the sum of $750.00.
S. The fee herein provided for shall not include any
services in connection with acquisition of rights -of -way or proceed-
ings in eminent domain. Any services rendered by Second Party in
connection with the acquisition of land for rights -of -way or eminent
domain proceedings, including all costs.in connection with such
acquisitions, shall be paid for in addition to fees herein provided
for, and shall be payable in the same manner as other fees.
6. In the event said proceedings are not carried through
to conclusion•, or shall be abandoned, then Second Party shall receive
nothing.
=2-
IN WITNESS WHEREOF, the parties.hereto have hereunto sub-
scribed their names, First Party by the Mayor of said City of Morro
Bay, attested by its City Clerk, the day and year in this agreement
first above written.
CITY OF MORRO BAY,
I a municipal corporation of the
State of California
.P�
BY
Mayor JOSEPH C. GIANNINI
Attest:
MALCOLM J. LITTLE, City Clerk,
City of Morro Bay, First Party
San Luis Obispo nty, ornia _
STURGIS EN-DULK, DOUGLASS &
ANDE ,
Speci Bond Counse��`���""
BY
Second Party
-3-
RESOLUTION NO. 58-68
RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING
EXECUTION OF AGREEMENT
BE IT RESOLVED by the City Council of the City of Morro
Bay, San Luis Obispo County, California,that GARING, TAYLOR &
ASSOC., INC., be and they hereby appointed as Engineer of Work for
the doing of all necessary engineering work and exercising all of
the engineering functions provided for under the provisions of the
Municipal Improvement Act of 1913 in connection with the improve-
ments to be made in proposed Assessment District No. 5, City of Morro
Bay, San Luis Obispo County, California; and
BE IT FURTHER RESOLVED that the employment of the said
GARING, TAYLOR & ASSOC., INC., shall be as provided in the attached
agreement; and
BE IT FURTHER RESOLVED that SAMUEL L. TAYLOR of the firm
of GARING, TAYLOR & ASSOC., INC., shall be authorized to sign all
documents on behalf of said firm in connection with said assessment
district;
BE IT FURTHER RESOLVED that the Mayor of the City of
Morro Bay be authorized to sign, and the City Clerk thereof be authorized
to attest that certain agreement employing the said GARING, TAYLOR &
ASSOC., INC., as Engineer of Work for said assessment district.
URI'@Nh
l
r.
On motion of Councilman Mallery , seconded
by Councilman Donohoo , the Morro Bay City Council
hereby adopts in its entirety the foregoing resolution on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
ATTEST:
MMXGLM J. LITTLP7-�ity C
ayor JOSEPH C. GIANNINI
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 58-68 passed by the City Council
of the City of Morro Bay at a regular meeting thereof, held on
the 8th day of October , 1968.
Dated: October.9, 1968
MALCOLM"J-.nLI E, City erk
n
(SEAL)
-2-
A G R E E M E N T
THIS AGREEMENT, made and entered into this 8th day of
October,'1968, by and between the City of Morro Bay, a municipal
corporation of the State of California, hereinafter called First
Party and GARING, TAYLOR & ASSOC., INC., hereinafter called Second
Party;
W I T N E S S E T H:
That for and in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as follows:
1. .First Party proposes to initiate special assessment
proceedings for the improvements in Assessment District No. 5, City
of Morro Bay, San Luis Obispo County, California.
2. First Party employs Second Party as Engineer of Work
for the doing of all necessary work and exercising all engineer-
ing functions provided for by the provisions of the Municipal Improve-
ment Act of 1913 in connection with the said improvements to be
made in said district. Said services shall include the following:
a. Doing of all necessary engineering work and
exercising of all engineering functions pro-
vided for under the provisions of the Muni-
cipal Improvement Act of 1913;
b.. Preparation and furnishing of all surveys,
original drawings, maps and blueprints, plans
,and specifications, preparation of assessment
roll, assessment diagram,and any and all
other services which may be required under
the provisions of the said Municipal Improve-
ment.Act of 1913;
C. Supervision and direction of all engineering
work required to be taken by First Party or
its officers, agents or employees, in con-
nection with said assessment district'.
d. Rendition of general consultation and advice
to First Party, its officers, agents, or
employees with respect to the planning, pre- .
'parati:on and -'handling -of all -engineering phases
of the 'aforesaid.proceedings;
-1-
OVAU��A7�. ��
e. Attendance at such conferences and public
meetings with First Party as may be reasonably
necessary to perform this contract of employment.
3. For said services, Second Party shall receive a lump
sum fee of $1,000.00
4. The compensation shall be payable to Second Party out
of the proceeds of assessments levied and bonds sold in the proceed—
ings, and upon receipt of the money therefor from the result of
assessments levied and bonds sold in the within proceedings, subject
to the conditions set forth in 5. below.
5. In the event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall receive
from First Party eighty per cent (80%) of the fee set forth in 3.
above.
IN WITNESS WHEREOF, the parties have hereunto subscribed
their names, City by its Mayor, attested by its City Clerk, the day
and year in this agreement first above written.
CITY OF MORRO BAY,'
a municipal corporation of the
Sta of California
BY
Mayor JOSEPH C. GIANNINI
Attest:
MALCOLM J. LITTLE, City Clerk
City of Morro Bay,
—Luis Obis oun y ifornia First Party
GARING, TAYLOR &O ASSOC:,, INC.
BY
Samuel L. Tay
Second Party
-2-
RESOLUTION NO. 57-68
RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE
SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION
OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 5, 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, as follows:
1. (Petition.for the improvements by special assessment
proceedings within the boundaries of the map designated, "Proposed
Boundaries -of Assessment District No. 5, City of Morro Bay, San
Luis Obispo County, California," which said map is on file in the
.office of the City Clerk of the City of Morro,Bay, is incorporated
herein by this reference as though fully set forth herein.
-2. The Certificate of Garing, Taylor &-Assoc., Inc.,
dated the 8th day of October, 1968, certifying that the petition
hereinabove referred to was signed by the owners of seventy one
(71) per cent of the area of the property described in said peti-
tion, that said property owners have waived all proceedings under
the Special Assessment Investigation, Limitation and Majority Pro-
test Act of 1931, and have requested special assessment proceedings
for.the improvements described in said petition, is incorporated
herein by this reference as though fully set forth herein.
3.. It is hereby ordered and determined that the terms
and conditions of said petition heretofore incorporated herein be,
and they are hereby, accepted and the improvements shall be made
in accordance with the terms of said petition, and that the assess-
ment district proceedings shall be instituted and carried through
in accordance with the terms of said petition.
-1-
4. It is hereby found, determined and ordered that
GARING, TAYLOR & ASSOC., INC., shall be Engineer of Work in accord-
ance with the terms and conditions of the petition hereinabove referred
to, and the contract to be entered into. It is further ordered
that STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, Oakland,
California, shall be Special Bond Counsel to.prepare all proceedings
in accordance with the .terms and conditions of the petition herein -
above referred to, and contract to be entered into.
5. That the public interest and convenience will be served
by the taking of special assessment proceedings for the improvements
set forth in said petition. The cost and expenses thereof should
be borne by a district benefited by said improvements. Said dis-
trict shall be known and designated as Assessment.District No. 5,
City of Morro Bay, San Luis Obispo County, California.
6. The district which shall bear the cost and expenses
of said improvements, including all incidental expenses, and which
is to be assessed to pay for the cost of said improvements is that
district shown on a map which is on file in the office of the City
Clerk of the City of Morro Bay, which is designated, "Proposed
Boundaries of Assessment District No. 5, City of Morro Bay, San
Luis Obispo County, California."
-2-
On motion of Councilman Mallery seconded
by Councilman Donohoo the Morro Bay City Council
hereby adopts in its entirety the foregoing resolution on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
hla or JIISEFH C�171�IR1
ATTEST:
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 57-68 , passed by the City Council
of the City of Morro Bay at a regular meeting thereof, held on
the 8th day of October 1968.
Dated: October 9, 1968
MALCOLM J. LIT City C
C
SEAL
-3-
RESOLUTION NO.56-68
RESOLUTION APPROVING BOUNDARY
WHEREAS, there has been filed with the.City Clerk of the
City of Morro Bay, San Luis Obispo County, California, a map showing
the proposed boundaries of Assessment District No. 5, City of Morro
Bay, San Luis i0bispo County, California;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay, San Luis Obispo County, California, that
that certain map entitled, "Proposed Boundaries, Assessment District
No. 5, City of Morro Bay, San Luis Obispo County, California," be
and the same is hereby approved; and -
BE IT FURTHER RESOLVED that a certified copy of said boundary
map herein approved shall be filed with the County Recorder of the
County of.San Luis Obispo in accordance with the provisions of Part
2, Division 4.5 of the Streets and Highways Code of the State of
California.
-1-
- r
On motion of Councilman Mallery , seconded
by Councilman Donohoo , the Morro Bay City Council
hereby adopts in its entirety the foregoing resolution on the
following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: October 8, 1968
Iayor I JOSEPH C. GIANNINI
ATTEST:
COLAs J. LIT City e
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 56-68 , passed by'the City Council
of the City of Morro Bay at a regular meeting thereof, held on
the 8th day of October 1968.
Dated: October 9, 1968
LCOLM J. L77. Cit C rk
(SEAL)
- 2-
RESOLUTION NO. 55-68
RESOLUTION APPROVING TRANSFER OF HUGH D. GRAHAM
AND MILDRED L. GRAHAM LEASE TO MILDRED L. CONGER
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Hugh D. Graham and Mildred L. Graham did on March
20, 1961, enter into a lease with the County of San Luis Obispo
for lease sites 93, 94, 95, 93W, 94W, and 95W; and
WHEREAS, Hugh D. Graham is deceased and his estate was
distributed to the surviving widow,Mildred L. Graham, and Mrs.
Graham succeeded to all of Mr. Graham's rights as tenant pursuant
to Decree of Distribution entered in our Superior Court; and
WHEREAS, Mrs. Mildred L. Graham has subsequently remarried,
and her name is now Mildred L. Conger; the following resolution
is hereby proposed:
BE IT RESOLVED that a transfer be approved by operation of
law on the lease of lease sites 93, 94, 95, 93W, 94W, and 95W
from Hugh D. Graham and Mildred L. Graham to Mildred L. Conger.
On motion by Councilman Keiser and seconded by Councilman
Mal , the Morro Bay City CounciI-hereby adopts the foregoing
F—roposed resolution on the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: August 27, 1968
JOS PH C. GIANNINI, Mayor
ATTEST:
M. J. LITTLE, City Clerk
RESOLUTION NO. 54-68
RESOLUTION APPROVING QUITCLAIM DEED
TO COUNTY OF SAN LUIS OBISPO FOR
VETERANS MEMORIAL BUILDING PROPERTY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a quitclaim deed from the City of Morro Bay
to the County of San Luis Obispo is required pursuant to
the terms of the Stipulation and Agreement entered into by
the City and County during December 1966; the following
resolution is hereby proposed:
RESOLVED that the Morro Bay City Council on behalf
of the City of Morro Bay does hereby quitclaim all that
certain property situated in the State of California,
County of San Luis Obispo, City of Morro Bay, described
on the attached quitclaim deed; said property being that
on which is situated the building sometimes known as the
"Veterans Memorial Building"; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
of the City of Morro Bay be and are hereby directed to
execute said quitclaim deed for the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Mallery , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: August 27, 1968
ATTEST:
rT�TLECity
Cler
fi C�GG�J
/—TO •PH C. GIANNINI, Mayor
RESOLUTION NO. 53-68
RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING
ON AN AMENDMENT TO THE ZONING ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Planning Commission has held public
hearings on the amendments to the Zoning Ordinance of the
City of Morro Bay; and
WHEREAS, said Planning Commission has by the adoption
of Planning Commission Resolution 5-68, recommended to the
City Council that certain amendments be made to the Zoning
Ordinance of the City of Morro Bay; the following resolution
is hereby proposed:
RESOLVED that the Morro Bay City Council will hold a
public hearing on the adoption of proposed amendments to
the Morro Bay City Zoning Ordinance on September 10, 1968,
at 7:30 p.m. in the Morro Bay Recreation Hall, Shasta and
Dunes Streets, Morro Bay, California, at which public
hearing any person interested may appear and express his
views for or against or in modification of said proposed
amendments to the Zoning Ordinance; and
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to publish a notice of public
hearing in a newspaper of local circulation one time at
least ten (10) days before the date of said public hearing.
On motion by Councilman Mallery and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts in its entirety the foregoing proposed resolution
on the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: August 27, 1968
JOSEPH C. GIANNINI, Mayor
ATTEST:
M. J./LITTLE, City Clerk
RESOLUTION NO. 52-68
RESOLUTION APPROVING ASSIGNMENT OF LEASE
FROM PALMER PETERSON TO MARY G. MURRAY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Palmer Peterson for
permission to assign his leasehold interest in lease sites
74 and 74W to Mary G. Murray; and
WHEREAS, it is in the public interest that the approval
of this City Council be given to said assignment, provided
the assignees assume all the obligations required to be
assumed by Lessee under said lease:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. Consent is hereby given by said Council to the
assignment by Palmer Peterson of his leasehold
interest in lease sites 74 and 74W to Mary G. Murray.
2. That a copy of the attached "Consent to Assign-
ment" shall be made a part of the lease assign-
ment documents; that this "Consent to Assignment" shall
be agreed to in writing by Palmer Peterson and Mary G.
Murray before being executed by the Mayor of the City
of Morro Bay; and that the effective date of the assign-
ment of this lease shall be the date on which this
"Consent to Assignment" is executed by the Mayor of
the City of Morro Bay. '
On motion by Councilman Mallery and seconded by Councilman
Bickford, the Morro Bay Cityy 'Council adopts the foregoing
proposed resolution in its entirety on the following roll call
vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: August 27, 1968
JOS PH C. GIANNINI, Mayor
ATTEST:
71hTIP e166
M. . LITTLE, City Clerk
RESOLUTION NO. 51-68
RESOLUTION SETTING TAX RATE FOR 1968-69
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
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 seven cents ($.07) per One Hundred Dollars
($100.00) of assessed valuation; and
WHEREAS, the County Treasurer has recommended that said tax
rate of seven cents ($.07) 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 seven
cents ($.07) per One Hundred Dollars ($100.00) of assessed valuation
for the fiscal year 1968-69; and
BE IT FURTHER RESOLVED that all taxes collected from the
aforementioned tax rate on each One Hundred Dollars ($100.00) of
assessed valuation as shown on the assessment rolls be apportioned
for Sewer Bond Redemption.
On motion by Councilman Bickford and seconded by Councilman
Keiser , the Morro Bay City Council hereby adopts the foregoing
proposed resolution on the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini
NOES: Councilman Mallery
ABSENT: None
ADOPTED: August 27, 1968
/_JOSEPH C. GIANNINI, Mayor
ATTEST:
vr `4
M. J. LITTLE, City Clerk
RESOLUTION NO. 50-68
RESOLUTION SETTING TAX RATE FOR 1968-69
FISCAL YEAR FOR GENERAL FUND AND
CAPITAL IMPROVEMENT PURPOSES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Final Budget of the City of Morro Bay for the
Fiscal Year 1968-69, having been approved and adopted by Ordinance
No. 73 on June 25, 1968; and
WHEREAS, the amount of 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 preliminary
assessed valuation of $43,655,011.00; 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 1968-69 be and is hereby
fixed at $ 1.00 on each $100.00 of assessed valuation as estab-
lished for Ci y tax purposes and which is shown upon the assess-
ment rolls of the County of San Luis Obispo; and
BE IT FURTHER RESOLVED that all taxes collected at the rate
of $ 1.00 per $100.00 of assessed valuation be apportioned to the
City funds as follows:
General Fund . . . . .
Capital Improvement Fund . .
Equipment Replacement Fund
Total Tax Rate. . .
$ .859
. . . . . .086
.055
$ 1.00
On motion by Councilman Bickford and seconded by Councilman
Keiser , the Morro Bay City Council ereby adopts the foregoing
resolution on the following roll call vote:
AYES: Councilmen Bickford, Keiser, and Mayor Giannini
NOES: Councilmen Donohoo and Mallery
ABSENT: None
ADOPTED: August 27, 1968
v e
JOS° H C. GIANNINI, Mayor
ATTEST:
J
M.GJ. tITTLE, City Clerk
RESOLUTION NO. .49-68
RESOLUTION GRANTING A USE PERMIT TO MORRO BAY
CHAMBER OF COMMERCE -TO CONDUCT
ANNUAL ROCK-O-RAMA CELEBRATION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Chamber of Commerce has requested
permission to use various City streets and other public property
to assemble and conduct the annual Rock-O-Rama Parade and Art
Show on August 31, September 1 and 2, 1968; and
WHEREAS, said activities shall be held on public property;
the following resolution is hereby proposed:
RESOLVED that the Mayor of the City of Morro Bay is hereby
authorized and directed to execute a Use Permit authorizing the
use of various City streets and other public property to assemble
and conduct the annual Morro Bay Rock-O-Rama Parade and Art Show
between the hours of 8:00 a.m. on August 31, 1968 and 6:00 p.m.
on September 2, 1968; and
BE IT FURTHER RESOLVED that the Morro Bay Police Department
and Public Works Department are hereby authorized to assist in
the conduct of these activities; and
BE IT FURTHER RESOLVED that the Morro Bay Police Department
is hereby authorized to restrict parking of vehicles on the streets
designated as the parade route by posting "No Parking" signs at
least 24 hours prior to the start of the street 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 by Councilman Donohoo and seconded by Council-
man Keiser , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: August 13, 1968
L 4GC�i2�Gf9 t lJ
/_J0 PH C. GIANNINI, Mayor
ATTEST:
M. J. �hITTT City Clerk
RESOLUTION NO. 48-68
RESOLUTION SETTING DATE AND TIME FOR
PUBLIC HEARING ON APPEAL FROM PLANNING COMMISSION ACTION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay
did, on July 16, 1968, conduct a Public Hearing to consider the
request of E. W. Johnston for a Conditional Use Permit to establish
a marine engine sales in addition to an existing residence in a
P-D zone on Lots 17 and.18, Block 1, Morro Rock Park; and
WHEREAS, at said Public Hearing the Planning Commission did
grant the requested Conditional Use Permit; and
WHEREAS, an appeal has been filed with the City Council from
the action of the Planning Commission in accordance with Section
5110.11 of the Zoning Ordinance of the City of Morro Bay; the
following resolution is hereby proposed:
RESOLVED that the City Council of the City of Morro Bay
will hold a Public Hearing at 7:30 p.m. on Tuesday, August 27,
1968 to consider an appeal from the action of the Planning
Commission in granting a Conditional Use Permit to E. W. Johnston
to establish a marine engine sales in addition to an existing
residence in a P-D zone on Lots 17 and 18, Block 1, Morro Rock
Park; 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.
On motion by Councilman Donohoo and seconded by Councilman
Mallery , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: August 13, 1968
� • � ' tit t�-GU
OSE C. GIANNINI, Mayor
ATTEST:
M.,J! LITTLE, City Clerk
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RESOLUTION NO. 47-68
RESOLUTION AUTHORIZING EXECUTION
OF STIPULATION FOR DISMISSAL OF ACTION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay by
Resolution No. 136-66 and the Board of Supervisors of the
County of San Luis Obispo by Resolution No. 562-66 have
heretofore approved a certain Stipulation and Agreement to
resolve controversies between the City and the County regarding
the County's administration of lands described in the tidelands
grant located within the present city boundaries of City;
WHEREAS, the State of California, pursuant to authorization
of the State Lands Commission, did on August 5, 1968, and in
writing, approve such settlement stipulation; and whereas such
Stipulation and Agreement provides for entry of final judgment
in action Number C-96, filed in the Justice Court of the Second
Judicial District, San Luis Obispo County.
BE AND IT IS HEREBY RESOLVED that the City of Morro Bay
authorizes James A. Madden, its City Attorney, to enter into a
stipulation with the District Attorney of San Luis Obispo
County, California, for entry of judgment pursuant to said
Settlement Agreement.
On motion duly made and seconded, the foregoing resolution
was PASSED and ADOPTED by the City Council of the City of Morro
Bay at a meeting of said City Council held this 13th day of
August, 1968, by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
s ✓Gl�
MAYOR
ATTEST-
M. Y. LITTLE, City Clerk
RESOLUTION NO. 46-68
RESOLUTION APPROVING AGREEMENT WITH MORRO
BAY CHAMBER OF COMMERCE, FISCAL YEAR 1968-69
T H E C I T Y C O U N C I L
City of Morro Bay, California
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 autho-
rized and directed to sign.the Agreement on execution of the
same by the Morro Bay Chamber of Commerce.
On motion made
by Councilman
Mallery
and
seconded by
Councilman Donohoo
, 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 Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: August 13, 1968
C `�4�2�T-fn'IiCJ
J EPH C. GIANNINI, Mayor
ATTEST:
M. LIT E, City Clerk
RESOLUTION NO. 45-68
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT FOR BID FOR
APPLYING BITUMINOUS SEAL TO VARIOUS STREETS
IN THE CITY OF MORRO BAY ( S. S. PROJECT NO. 41)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the plans and specifications entitled
"Applying Bituminous Seal to Various Streets in the City
of Morro Bay", Select System Project No. 41, are hereby
approved; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to issue a Notice Inviting
Bids for the aforementioned work, said Notice to be pub-
lished in a newspaper of general circulation within the
City of Morro Bay.
On motion by Councilman Mallery and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo; Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: August 13, 1968 �G
JOSE H C. GIANNINI, Mayor
ATTEST:.
M. CY. L71TLE, City Cler
CERTIFICATION
I hereby certify that the foregoing resolution was
duly and regularly adopted by the City Council of
the City of Morro Bay at a regular meeting thereof
held on the 13th day of August , 1968
Dated:
M. J. LITTLE, City,Clerk
City of Morro Bay, California
RESOLUTION NO. 44-68
RESOLUTION ASSIGNING REVIEW OF ALL PROPOSED
CONSTRUCTION AND USES ON WATER LEASE SITES
TO PLANNING COMMISSION
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, the majority of the land within the incor-
porated area of the City of Morro Bay adjacent to the
waters of Morro Bay Harbor have been zoned for Planned
Development and are therefore subject to the provisions
of Section 5104.3.1 of the Zoning Ordinance of the City
of Morro Bay;
NOW, THEREFORE, BE IT RESOLVED that the use of or
construction on or in the waters of Morro Bay be subject
to the review of the Planning Commission of the City of
Morro Bay in the same manner as though those waters were
zoned for Planned Development in accordance with the
provisions of the Zoning Ordinance of the City of Morro
Bay; and
BE IT FURTHER RESOLVED that the Planning Commission
be and is hereby directed to prepare an outline of pro-
cedure for applicants to follow in making application
for the use of or construction on or in the waters of
Morro Bay Harbor.
On motion by Councilman Donohoo and seconded by
Councilman Mallery , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, & Mayor Giannini
NOES: None
ABSENT:Councilman Bickford
ADOPTED: August 13, 1968
hrJ0SAE10H C. GIANNINI, Mayor
y of Morro Bay, California
ATTEST:
7• -P
M. J LIT LE, City C er
RESOLUTION NO.. 43-68
RESOLUTION ABANDONING PROCEEDINGS FOR THE FORMATION OF
IMPROVEMENT DISTRICT NO. 3, CITY OF MORRO BAY, SAN LUIS
OBISPO COUNTY, CALIFORNIA.
WHEREAS, on the 28th day of May, 1968, the Engineer of
Work of Improvement District No. 3, City of Morro Bay, San Luis
Obispo County, California, filed certain documents with the City
Clerk,and the City Council adopted certain resolutions, including
a Resolution Approving the Boundary Map and the Resolution of
Intention; and
WHEREAS,it has -since been determined that because of the
estimated cost of the improvements and other related problems, the
owners of property within the district do not wish to go ahead with
the formation of said district;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, San Luis Obispo County, California, that the pro-
ceedings for the formation of Improvement District No. 3, City of
Morro Bay, San Luis Obispo County, California, be, and they are hereby,
abandoned at this time.
BE IT FURTHER RESOLVED that the City,Cle.rk is hereby
authorized and directed to file a certified copy of this resolution,
together with Certificate attached hereto setting forth the matters
required by the provisions of Section 3117 of the Streets and High-
ways Code of the State of California, with the County Recorder of
the County of San Luis Obispo, State of California.
-1-
OR!Gi1 AL
On motion of Councilman Mallery , seconded by
Councilman Keiser , the Morro Bay City Council hereby adopts
in its entirety the foregoing resolution on the following roll -call vote:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: August 13, 1968
04ayorl JOSEPH C. GIANNINI
ATTEST:
MALCOLM J. LI ' LE, Cit Glerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, City Clerk of the City of Morro Bay,
do hereby certify that the foregoing is a true and correct copy of
Resolution No. 43-68 , passed by the City Council of the City of
Morro Bay at a regular meeting thereof, held on the 13th day of
August , 1968.
Dated: August 14, 1968
MALCOLM J. LITTLE, City Clerk
(SEAL)
-2-
G
C E R T I F I C A T E.
I, MALCOLM J. LITTLE, City Clerk of the City of Morro
Bay, San Luis Obispo County, California, do hereby certify as
follows:
1. That the attached Resolution Abandoning
Proceedings for the Formation of Iinprovement
District No. 3, City of Morro Bay, San Luis
Obispo County, California, was adopted by the
City Council of the City of Morro Bay on the
13th day of August , 1968;
2. That the Resolution.of Intention for the forma-
tion of said assessment district was adopted
on the 28th day of May, 1968; and
3.' That. the boundary map pertaining to said dis-
trict was filed with the County Recorder of
the County of San Luis Obispo on the 30th day
of March, 1968, in Volume 1 of the Book of
Maps of Assessment Districts at page 9 thereof.
Dated: August 14, 1968
MALCOLM J. LITTLE, City Clerk,
City.of Morro Bay,
San Luis Obispo County, C ifornia
iYc�!l/(CG��CQ�caci� .�r
(SEAL)
RESOLUTION NO. 42768
RESOLUTION APPROVING GRANT OF USE PERMIT
TO FRANK AND NAOMI L. BREBES FOR
WATERS ADJACENT TO LEASE SITE 102-W
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that that certain document entitled "Waterfront
Use Permit Agreement" between the City of Morro Bay and Frank
and Naomi L. Brebes is hereby approved by the Morro Bay City
Council, and the Mayor be and is hereby authorized and directed
to sign said agreement in the form approved by the City Attorney
for and on behalf of the City of Morro Bay.
On motion made by Councilman Donohoo 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:
AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: Councilman Bickford
ADOPTED: July 23, 1968
JOSEPH C.
GIANNINI, Mayor
ATTEST:
M.L-J. TLE, City. Clerk
RESOLUTION NO. 41-68
RESOLUTION REQUESTING BOARD OF SUPERVISORS
TO FORMULATE JOINT POWERS AGREEMENT BETWEEN
COUNTY SERVICE AREA FIFTEEN (15) AND THE CITY
OF MORRO BAY FOR EMERGENCY AMBULANCE SERVICE
C I T Y O F M O R R O B A Y
City of Morro Bay, California
WHEREAS, the County of San Luis Obispo, State of California,
has formed County Service Area No. Fifteen (15) for emergency
ambulance service; and
WHEREAS, the incorporated area of the City of Morro Bay,
State of California, is not included in County Service Area
No. Fifteen (15); and
WHEREAS, it is the determination of the members of the
City Council of the City of Morro Bay that emergency ambulance
service should be provided within the incorporated area of the
City of Morro Bay; the following resolution is hereby proposed:
RESOLVED that the Morro Bay City Council does hereby request
that the Board of Supervisors of the County of San Luis Obispo
formulate a Joint Powers Agreement between San Luis Obispo County
Service Area No. Fifteen (15) and the City of Morro Bay, State of
California, in order to provide emergency ambulance service within
County Service Area No. Fifteen (15) and the incorporated area of
the City of Morro Bay.
On motion by Councilman Keiser and seconded by Mayor
Giannini , the Morro Bay City hereby adopts in its
entirety t e foregoing resolution by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, and Mayor Giannini
NOES: Councilman Mallery
ABSENT: Councilman Bickford
ADOPTED: July 23, 1968
JOSEPH C. GIANNINI, Mayor
ATTEST:
7
M.ity Cler
r
CERTIFICATION
I hereby certify that the attached is a true and
correct copy of Resolution No. 41-68 passed by the City
Council of the City of Morro Bay at a.regular meeting
thereof held on the 23rd ;:•day of July , 1968.
DATED: July 25, 1968
M. . M TTLE, City C er
City of Morro Bay, California
RESOLUTION NO. 40-68
RESOLUTION SETTING HOURS WHEN
STOPPING, STANDING, OR PARKING
OF VEHICLES ON CERTAIN PUBLICLY
OWNED PROPERTY IS PROHIBITED
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council has adopted
Ordinance No. 74 which prohibits stopping, standing, and
parking of vehicles on publicly owned property when such
stopping, standing, or parking is prohibited or restricted
in any such area by resolution; and
WHEREAS, the Morro Bay City Council considers it in
the best interest of the City of Morro Bay to prohibit the
stopping, standing, and parking of vehicles during the hours
from 2:00 A. M. until 6:00 A. M. on certain publicly owned
property; the following resolution is hereby proposed:
RESOLVED that the stopping, standing, or parking of
vehicles during the hours of 2:00 A. M. until 6:00 A. M.
each day is prohibited on the publicly owned property
northerly of Coleman Drive as shown on the attached drawing
designated Exhibit "A" dated July 9, 1968.
On motion by Councilman. Mallery and seconded by
Councilman Donohoo , the Morro— Bay City Council hereby
adopts in its entirety the foregoing resolution by the
following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor
Giannini
NOES: None
ABSENT: None
ADOPTED: July 9, 1968
JOS PH C. 'IANNINI, Mayor
ATTEST:
i
'L TTLE, City Clerk
EXHIBIT "A" • Dated: July 9, 1964 r/ !?
1
9
�`
i
,\ \ •^jam \ �� � :\ ,
F
COLEMAN DRIVE
C77
Designates area -where
stopping, standing, &
parking of vehicles
is :prohibited during
hours from 2:00 A. M. l
until 6:00 A. M. /
v
RESOLUTION NO. 39-68
RESOLUTION SETTING DATE AND TIME FOR
PUBLIC HEARING ON AN AMENDMENT TO THE
ZONING ORDINANCE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Planning Commission has held public
hearings on the amendments to the Zoning Ordinance of the City
of Morro Bay; and
WHEREAS, said Planning Commission has by the adoption
of Planning Commission Resolution #3-68, recommended amendments
to the City Zoning Ordinance by the City Councilmen, the
following resolution is hereby prepared:
Resolved that the Morro Bay City Council will hold a
public hearing on the adoption of proposed amendments to the
Morro Bay City Ordinance on July 23, 1968, 7:30 P.M., in the
Morro Bay Recreation Hall, Shasta and Dunes Streets, Morro Bay,
California, at which public hearing any person interested may
appear and express his views for, against, or in modification
of said proposed amendments to the Zoning Ordinance; and
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to publish a notice of public hearing
in a newspaper of local circulation, one time at least ten (10)
days before the date of said public hearing.
On motion by Councilman Bickford and seconded by
Councilman Donohoo , the Morro Bay City Council hereby
adopts in its entirety the foregoing proposed resolution on
the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: July 9, 1968
/- G. ;
J SEPH C. GIANNINI, Mayor
ATTEST:
M. J. LITTIL7E, City Clerk
•
RESOLUTION NO. 38-68
RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
WILLIAM K. WILSON AND FLORENCE WILSON TO HAROLD
J. ANDERSON AND RITA B. ANDERSON
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, a request has been made by William K. Wilson and
Florence Wilson for permission to assign their leasehold interest
in Lease Sites 91, 92, 91W, and 92W to Harold J. Anderson and
Rita B. Anderson; and
WHEREAS, it is in the public interest that the approval of
this City Council be given to said assignment, provided the assignees
assume all the obligations required to be assumed by Lessee under
said lease;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay, as follows:
1. Consent is hereby given by said Council to the
assignment by William K. Wilson and Florence
Wilson of their interest in Lease Sites 91, 92, 91W,
and 92W to Harold J. Anderson and Rita B. Anderson.
2. The above consent is expressly conditioned upon
the understanding by all of the parties to said
assignment that the City of Morro Bay is not to be
in any way responsible or connected with said assign-
ment or the rights of any of the parties involved
in said assignment, nor any agreement among the parties
'relating to'said assignment, except only to the extent
that the City's interest as the Lessor of the premises
entitles it to take a position or take action with
respect to the leased premises.
On motion by Councilman Mallery and seconded by Council-
man Keiser , the Morro Bay City Council hereby adopts the fore-
goingg propose resolution in its entirety on the following roll call
vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery and Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: July 9, 1968
JOSEPH C. GIANNINI, Mayor
J
ATTEST:
M. X., LITTLE, City Clerk
RESOLUTION NO. 37-68
RESOLUTION SURRENDERING LEASEHOLD
TO PACIFIC GAS AND ELECTRIC COMPANY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay, as tenant, entered
into a certain lease dated June 5, 1967, with Pacific
Gas and Electric Company, owner, covering a portion of
Section 32, T.29 S., R.11 E., M.D.B.& M., County of
San Luis Obispo, State of California; and
WHEREAS, the Morro Bay City Council considers it
in the best interest of this City to surrender said
lease; the following resolution is hereby proposed:
RESOLVED that the City of Morro Bay quitclaims and
surrenders as of June 30, 1968, all of its right, title,
and interest in and to said lease dated June 5, 1967,
with Pacific Gas and Electric Company;
RESOLVED FURTHER that the Mayor and City Clerk are
authorized and directed to execute any documents necessary
to quitclaim and surrender said lease, and to transmit
copies thereof to Pacific Gas and Electric Company.
On motion by Councilman Bickford. and seconded by
Councilman Keiser , the Morro Bay City Council hereby
adopts in its entirety the foregoing resolution by the
following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: July 9, 1968
JO EPH C. GIANNINI, Mayor
ATTEST:
IRLITTLE, City Clerk
:. ' i
r
RESOLUTION NO. 36-68
RESOLUTION AUTHORIZING EXECUTION
OF FINAL SETTLEMENT AGREEMENT
WITH STATE OF CALIFORNIA
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, The .City Council of the City of Morro Bay ("City")
by Resolution No. 136-66 and the Board of Supervisors of the
County of San Luis Obispo ("County") by Resolution No. 562-66
have heretofore approved, subject to approval by the State of
California, a certain Stipulation and Agreement for the purpose
of resolving certain controversies between the City and the County
arising out of the County's administration of the lands described
in the tideland grant;
WHEREAS paragraph 2 of said Stipulation and Agreement requires
a further agreement between the City and the State of California
("State") with respect to certain harbor fee lands; and
WHEREAS the purpose of this final agreement is to define
more fully the status of the harbor fee lands.
WHEREAS a FINAL SETTLEMENT AGREEMENT has been submitted to
the City Council of the City of Morro'Bay by the City Attorney,
and attached to said agreement is "EXHIBIT A", containing the
legal description of said harbor fee lands, and bearing the
approval of Sam L. Taylor, City Engineer of this City, and good
cause appearing
BE AND IT IS HEREBY RESOLVED that the City of Morro Bay
execute said FINAL SETTLEMENT AGREEMENT with the State of Calif-
ornia, and bearing the date of June 28, 1968.
On motion duly made and seconded, the foregoing resolution
was PASSED and ADOPTED by the City Council of the City of Morro
-1-
Bay at a meeting of said City Council held this 28th day of
June, 1968, by the following roll -call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini
NOES: None
ABSENT: None
ATTEST:
City Clerk
-2-
MAYOR
RESOLUTION NO. 35-68
RESOLUTION APPOINTING SPECIAL BOND COUNSEL TO PREPARE
DEBT LIMIT PROCEEDINGS IN CONNECTION WITH THE PROPOSED
IMPROVEMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS
OBISPO'COUNTY, CALIFORNIA.
WHEREAS, the City .Clerk of the City of Morro Bay,
San Luis Obispo County, California, has on file a map showing
the proposed boundaries of an assessment district to be.known
as Improvement District No. 4, City of Morro Bay, San Luis Obispo
County, California; and
WHEREAS, the City Council of the City of Morro Bay has
requested the preparation of Debt Limit proceedings so that a
hearing on the Debt Limit Report may be had pursuant to the pro-
visions of the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 of the State of California; and
WHEREAS, it is necessary that legal proceedings be pre-
pared in connection with said Debt Limit Report and said hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay, San Luis Obispo County, California, that
.the law firm of STURGIS, DEN -DULL, DOUGLASS $ ANDERSON, Attorneys
at Law, Oakland, California, be, and they are hereby, appointed -to
act as Special Bond Counsel in the proposed Improvement District
No. 4, City of Morro Bay, San Luis Obispo County, California, to
prepare all proceedings up to and including the time of the hear-
ing on a report under the above mentioned Debt Limit Act, said
services to also include attendance at all necessary Council meet-
ings and the hearing on the said Report; and
BE IT FURTHER RESOLVED that the compensation of said
Bond Counsel for said services is hereby fixed at the sum of
$1,000.00, to be paid at the termination of the hearing on the
Debt Limit Report under the said hereinabove mentioned Debt
.Limit Act.
-1- .
On motion of 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, Donohoo, Keiser, and Mayor Giannini
NOES: Councilman Mallery
Adopted: June 25, 1968.
a or
ATTEST:
M LC �1 J. LIT City Glerk
�B��U' • .
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay, do
hereby certify that the foregoing is a true and correct copy of
Resolution No. 35-68 , passed by the City Council of the City
of Morro Bay at a regular meeting thereof, held on the 25th day of
June, 1968.
Dated: June 26, 1968
MASLM J. LITTLE, City k,
/ P-
(SEAL)
-2-
RESOLUTION NO. 34-68
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR WORK RELATIVE TO CHANGE OF GRADE
AND STREET CONSTRUCTION ON MAIN STREET, SELECT
SYSTEM PROJECT NO. 28
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did on January
9, 1968, by the adoption of Resolution No. 2-68, award a
contract for work relative to the change of grade and
street construction on Main Street, Select System Project
No. 28, to C. S. Construction Company; and
WHEREAS, the Director of Public Works having certified
that said work has been completed in accordance with provisions
of contract; the following resolution is hereby proposed:
RESOLVED, that said work is accepted as completed on
the llth day of June, 1968, and the City Clerk is hereby
directed to record a notice of completion in the office
of the Recorder -of the County of San Luis Obispo.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and
Mayor Giannini
NOES: None
ABSENT:None
ADOPTED:
June 11, 1968 /5_0
�Z
S PH C�i. NI, Mayor
ATTEST:
CAROLYN L.4ENTZELL, Deputy Cl-e-rk
■'
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 relative to change of grade and street construction on
Main Street, Select System Project No. 28, has been completed by
C. S. Construction Company, and said work was accepted as com-
pleted on the llth day of June, 1968, by the Morro Bay City
Council by the adoption of Resolution No. 34-68 dated June 11, 1968.
%. I P, Z61
P
M. J. UITTLE, City Cler
City of Morro Bay
County of San Luis Obispo
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 16th day of July, 1968.
M. DTTLE, City C er
City of Morro Bay, California
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work relative
to the change of grade and street construction on Main Street,
Select System Project No. 28, by C. S. Construction Company,
has been inspected and found to comply with the approved plans
and specifications.
It is therefore recommended that the work be accepted by
the Morro Bay City Council as completed and that the City Clerk
be authorized to file a Notice of Completion.
DATED: 7-16-68
D. M. STUART
Acting Director of Public Works
City of Morro Bay, California
•
RESOLUTION NO. 33-68
RESOLUTION AUTHORIZING DREDGING
IN MORRO BAY HARBOR AREA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Army Corps of Engineers is about to embark
on a dredging project in the Morro Bay Harbor, and has requested
permission from this City authorizing the Corps of Engineers
to begin this work, all for the betterment of the harbor in
this City; and
WHEREAS, it is for the best interest of the City of
Morro Bay and harbor trust lands located therein that this
dredging be done, the following resolution is hereby proposed;
RESOLVED, that the Mayor and City Clerk of the City of
Morro Bay shall be and are hereby authorized and directed to
execute any use permits and rights of entry permits; evidence
of title of this City in and to the Morro Bay Tidelands and
Trust Properties, and other documents necessary or desirable
to the Corps of Engineers to permit the Corps of Engineers
and its agents and contractors to perform such dredging
operation. However, such authorization is limited to the
tide and submerged lands located within the geographical
limits of the boundaries of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Mallery , the Morro Bay City Council hereby
adopts the foregoi g proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini
NOES: None
ABSENT:None
ADOPTED:
June 11, 1968
��
/—'OJ SEPH C. GIANNINI,Mayor
ity of Morro Bay
ATTEST:
CAROLYN L. WENTZELL, Deputy City Clerk
AL Z
RESOLUTION NO. 32-68
RESOLUTION ADOPTING SCHEDULE OF PER DIEM WAGE'RATES
WHEREAS, the City Council of the City of. Morro Bay,
San Luis Obispo County, California, on the 28th day of: .fay,
1968, adopted plans and specifications for the improvements and
acquisitions to be made in Improvement District No. 3, City of
Morro Bay, San Luis Obispo County, California;
NOW, THEREFORE, .BE IT RESOLVED by the City Council
of the City of Morro Bay that said Council has determined and estab-
lished the general prevailing rate of per diem wages for each type
of craft of workman needed to execute or perform the necessary work
or improvements in accordance with the schedule appended hereto
and described, "Schedule of Per Diem Wage Rates"; and
BE 'IT FURTHER RESOLVED that said "Schedule of Per Diem
Wage Rates" be, and it is hereby, embodied in the Notice Inviting
Scaled Bids and all contract documents in connection with said work
and improvement hereinabove described.
,' � 2
7
On motion of Councilman Mallery , and seconded
by Councilman Donohoo I the CifZ6unci7 of the City of
Morro Bay hereby adopts in its entirety the foregoing Resolution,
on the following roll -call vote:
AYES: Councilmen Aonohoo, Keiser, Mallery and Mayor Giannini
NOES: Councilmen
ABSENT: Councilmar
Adopted: May 28, 196
ATTEST:
MALLCCOLLM J. L TLE, Cit Jerk
CERTIFICATION OF CITY CLERK
I, Malcolm J. Little, Clerk of the City of Morro Bay, do hereby
certify that the foregoing is a true and correct copy of Resolution
No. 32-68 , passed by the City Council of the City of Morro Bay at
a reguTa meeting thereof, held on the 2.8th day of May, 1968.
Dated: May 31, 1968
-2-
MALCOLM J. LITTLE, (it Jerk
(SEAL)
SCHEDULE OF PER DIEM WAGE
Classification
Basic Rate
Asphalt plant engineer
$ 5.31
Asphalt plant fireman
5.12
Boxman or mixer box.operator
S.12
Concrete or asphalt spreading
5.31
tamping or finishing machine
.operator
Driver of dump truck (2S yds or
5'.34
more water level) (single unit
or combination of vehicles)
Heavy duty repairman
5.31
Motor patrol operator
5.41
Roller operator
5.12
Rubber tired, heavy duty high.
5..31
speed earth moving machine operator
Screed operator
5.12
Skiploader operator, wheel type over
5.31
3/4 yd up to & including.1-1/2 yds
Skiploader operator, wheel type
5.41
over l-1/2 yds
5.41
Tractor loader operator
'Air Compressor, pump or generator
4.53
..operator
Asphalt ironer and raker
4.06
Asphalt shoveler
3.95 .
Driver of dump truck (less than
4.50
4 yds water level)
Fine grader
3.9s
.Water truck driver (under 2,500
4.56
gals.)
Water truck, driver (2,500 to
4.68
4,000 gals.)
Flagman
3.85
Laborer
3.85
Health and welfare, vacation and pension benefits are in .addition
to the above basic rates.
RESOLUTION NO. 31-68
RESOLUTION APPROVING REPORT AND FIXING TIME AND PLACE
OF HEARING THEREON.
WHEREAS, the City Council of the City of Morro Bay,
San Luis Obispo County, California, did heretofore on the 28th
day of March, 1967, order the preparation by GARING, TAYLOR &
ASSOCIATES, INC., Engineer of Work of Improvement District No. 3,
City of Morro Bay, San Luis Obispo County, California, of a report
under the provisions of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931, said report to be
in the form and manner as set forth in Part 2, Division 4 of said
Act, which said report was to cover the improvements and acquisitions
proposed to be made under the Resolution of Intention, passed on
the 28th day of May, 1968, by said City Council; and
WHEREAS, said report has been duly completed and presented
to this City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay, San Luis Obispo County, California, that
said report has been fully examined and considered by said City
Council; and
BE IT FURTHER RESOLVED that said report is hereby approved,
and it is hereby ordered that said report be forthwith filed with
the City Clerk of the City of Morro Bay and that said Clerk endorse
thereon the fact and date,of this approval; and
BE IT FURTHER RESOLVED that this City Council hereby
fixes Tuesday, the 9th day of July,1968, at the hour of 7:30 P.M.
of said day, as the time for hearing upon said report and hereby
orders that said hearing shall be held and conducted by this Council
at. the meeting place of the Council, located in the Morro Bay
j�(
�a1:
• 0-
Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay,
California; and
BE IT FURTHER RESOLVED that the City Clerk of the City
of Morro Bay is hereby ordered and directed to give notice of
s6id hearing in the time, form and manner provided by law.
On motion of Councilman Malley , and seconded
by Councilman Donohoo , t e Clty Co`unciT of —the City of.
Morro Bay heresy a opts in its ontirety the foregoing Resolution,
on the following roll-call.vote:
AYES: Councilmen Donohoo, Keiser, Mallery and Mayor Giannini
NOES: Councilmen _
ABSENT: Councilman Bickford
Adopted: May 28, 1968.
,�W
ayo
ATTEST:
MALCOLM J. LITTLE, Ci Clerk
�i���P�-Pcu:•
CERTIFICATION OF CITY CLERK
I, Malcolm J. Little, Clerk of the City of Morro Bay, do hereby
certify that the foregoing is a true and correct copy of Resolution
No. 31-68 , passed. by the City Council of the City of Morro Bay at
a reg Tao meeting thereof, held on the 28th day of May; 1968.
Dated:_ May 31, 1968
MALCOLM J. LITTLE, C. y Clerk
(SEAL)
-2-
RESOLUTION N0, 30-68
RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S
REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS,
IMPROVEMENT DISTRICT NO. 3, CITY OF MORRO BAY, SAN LUIS
OBISPO COUNTY. CALIFORNIA.
WHEREAS, on the 28th day of May, 1968, the City Council
of the City of Morro Bay, San Luis Obispo County, California, adopted
its Resolution of Intention for the improvements and acquisitions
in Improvement District No. 3,.City of Morro Bay, San Luis Obispo
County, California, and referred said improvements and acquisitions
to CARING, TAYLOR $ ASSOCIATES, INC., Engineer of Work, for said
assessment district; and
WHEREAS, said City Council directed that said Engineer of
Work make and file with the City Clerk of the City of: Morro Bay a
report in writing in accordance with the provisions and require-
ments of. the Municipal Improvement Act of 1913 of the State of California;
F�:J
WHEREAS, said Engineer of Work dial, on the 28th day of.
May, 1968, file with the City Clerk of the City of Morro Bay a
report in accordance with the said resolution, and said City Clerk
has presented their report to this Council for consideration;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay, San Luis Obispo County, California, and'this
Council hereby finds:
1. That the report made and filed by the Engineer of:
Work on the 28th day of May, 1968, contains all of the require-
ments provided for said report by the provisions of the Municipal
Improvement Act of 1913, including (1) specifications: (2). plans
and profiles and estimates of cost: (3.) assessment diagram and assess -
meat; (4) descriptions of easements and/or rights -of -way to be acquired.
2. That said report, and each and every part thereof,
is sufficient in every particular, and it is hereby determined that
said report shall stand as the report for all subsequent proceed-
ing under said Municipal Improvement Act of 1913; and
BE IT FURTHER RESOLVED that Tuesday,. the 9th day of July,
1968, at the hour of 7:30 P.M. of said day, at the meeting place
of. the City Council of. the City of Morro Bay, located in the Morro
Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay,
California, is hereby fixed as the time and place for hearing pro-
tests with relation to the proposed improvements and acquisitions
described in'said report; that any person interested in objecting
to said improvements and acquisitions, the grades to which the work
will be done, or has been done, the extent of the assessment dis-
trict, the assessment, or the engineer's estimate of cost and expen-
ses, or any other act or determination of the City Council or the
Engineer of Work of the assessment district may file protest in
writing with the City Clerk of the City of 'Morro Bay at or before
the hour fixed herein for hearing thereon; and
BE IT FURTHER RESOLVED that the City Clerk of the City
of Morro Bay be, and he is hereby, directed to publish a Notice
of Improvement pursuant to Section 6066 of the Government Code of
the State of. California, the first of which said notices to be first
published at least twenty (20) days prior to the date herein set
for hearing of protests; and
BE IT FURTHER RESOLVED that the City Clerk of the City
of Morro Bay be, and he is hereby, further directed to cause Notices
of Improvement to be posted on all of the open streets within the
district described in the Resolution of Intention at not more than
three hundred feet apart on each street so posted in accordance
with the requirements of Sections 10302 and 10303 of the Municipal
Improvement Act of 1913; and
-2-
BE IT FURTHER RESOLVED that notices.of the adoption of
the Resolution of Intention and filing of the Engineer's.Report
shall be mailed, postage prepaid, to all persons owning real prop-
erty to he assessed whose names and addresses appear upon the last
equalized assessment roll for taxes, or are known to the City'Clerk.
Said notices shall contain the matters required in Section 10307
of the Municipal Improvement Act of 1913 of the _State of California.
BE IT FURTHER RESOLVED that this Council hereby prelimin-
arily orders that the improvements and acquisitions described in
the Resolution of. Intention be had and done in accordance with the
plans and specifications and profiles for.said work. The plans
and specifications with said report are hereby adopted as the plans,
profiles and specifications for the doing of said work and improve-
ments, and said Council hereby orders that bids shall be received
for the doing of said work and improvements on the 25th day of
June,1968, at 2:00 o'clock P.M. of said day. Said bids or proposals
shall be delivered on or before 2:00 o'clock P.M. of. the 25th day
of June,1968, at the office of the City Clerk of the City of Morro
Bay which said time and place are hereby fixed as the time and place
of a -public meeting at which said bids will be publicly opened,.
examined and declared by the City Clerk of the City of Morro Bay.
Said bids after being publicly opened, examined and declared, will
be calculated by the Engineer of {York, their report returned to
the City Clerk and the report of the results of the bidding and
the calculations of the Engineer of Work will be reported to the
City Council of the City of Morro Bay.
The City Council reserves the right to reject any and
all proposals or bids should it deem this necessary for the public
good, and also the bid of any bidder who has been delinquent or
unfaithful with any former contract with the City of !Morro Bay.
-3-
On motion of Councilman Mallex and seconded
th
by Councilman Donohoo , e sty CouneTr oiithe City of
Morro Bay hereby. adopts in its entirety the foregoing Resolution,
on the following roll -call vote:
AYES: Councilmen Donohoo, Keiser, Mallery and Mayor Giannini
NOES: Councilmen
ABSENT: Councilmar
Adopted: May 28, 196
ATTEST:
MALCOLM J. LITTLE, Cit lerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay, do hereby
certify that the foregoing is a true and correct copy of Resolution
No.30-68 passed by the City Councilof the City of Morro Bay at
a regu ai—r meeting thereof, held on the 28th day of May, 1968.
Dated: May 31, 1968
MALCOLM J. LITTLE,Ci• Clerk,
1GLd-QGc�C.�_.:�Gr --
(SEAL) .
r
-4-
RESOLUTION OF INTiNTION NO. 29-68
IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS
AND ACQUISITION OF RIGHTS OF NAY AND EASEMENTS IN
IMPROVEMENT DISTRICT NO. 3, 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 it is the inten-
tion of said Council to order the following improvements and acqui-
sitions to be made in Improvement District No, 3, City of Morro
Bay, San Luis Obispo County, California to wit:
The construction of streets, curbs, gutters,
sidewalks and driveways, the insta-llation of
drainage structures and appurtenant facilities
and the acquisition of .needed rights of
way and easements, on portions of. California
State Highway 41 (Atascadero Road), Main Street,
Errol Street, Preston Lane and Radcliff Street.
BE IT RESOLVED that said improvements and acquisitions
to be constructed and acquired in the streets, avenues, lanes, courts,
roads, places and/or public ways hereinabove described, will jbe
of dimensions, materials, and in the particular locations, as set
forth and shown on. the plans and specifications and detailed draw-
ings hereinafter referred to; together with the construction of
.all appurtenances thereto, including necessary fittings, trench-
ings, grading and regrading, excavation and fill, removal of obstruc-
tions, connections to existing services, back filling, reconstruc-
tion of existing ground surface as required to conditions existing
prior to commencement of construction, all in the manner, of the
materials, and to the dimensions and to the grades, and in the parti-
cular locations as the same will be more fully shown on the plans
and specifications -and detailed drawings hereinafter referred to;
That the structures and work and improvements herein described
shall be constructed to the grades, sub -grades and elevations severally
to be shown upon the plans and profiles and detailed drawings thereof
-1 _ ORI y .f`iJ
C
in the respective locations thereof,_whi.ch said grades are hereby
adopted as the official grades therefor for all purposes in connec-
tion with the proceedings pursuant to this Resolution of Intention.
Notice is hereby given that said grades may be new and different
from those heretofore established or existing, or may be different
from existing ground levels.
All of said work shall include, without duplication, any
and all street intersections, terminations and opposite termina-
tions occurring within the limitations of said work.
The attention of all persons is directed to the fact that
not all of said classes of work above described may be constructed
upon all the streets and/or public ways above described in their
entirety, but only upon the particular locations as shown on the
plans and specifications hereafter referred to, which said plans
and specifications shall govern as to all details with relation
to the same.
BE IT FURTHER RESOLVED that the City Council of the City
of Morro Bay hereby makes the expenses and costs of said improve-
ments and acquisitions chargeable upon a district, which said district
said Council hereby declares the district benefited by the improve=
ments, and acquisitions herein described: said district shall include
that territory in the City of Morro Bay, County of San Luis Obispo,
State of California, which is shown on that certain map on file
in the office of the City Cleik of the City of Morro Bay and which
is entitled and described, "Nap Showing Proposed Boundaries, Im-
provement District No. 3, City of Morro Bay, San Luis Obispo County,
California," and which said map indicates by a boundary line the
extent of the territory included in the proposed district and covers
all details as to the extent of the area to be assessed; said map
is, by this reference, incorporated herein and made a part hereof.
Excepting from the area shown and delineated on said map
hereinabove referred to, the area of all public streets, avenues,
-Z-
r
lanes, roads, drives, courts, places, public parks, and all casements,
and rights -of -way therein contained belonging to the public, and
also all property owned by the County of -San Luis Obispo, the State
of California, or the United States of. America, contained therein,
now in use in the performance of a public function; however, it is
the intention of said Council to levy an assessment against property
owned by the City of Morro Bay.
NOTICE IS HEREBY GIVEN that serial bonds to represent
unpaid assessments, and bearing interest at the rate of not to
exceed six (6) per cent per annum shall be issued in the manner
and form provided in Part 5, Division 7 of the Streets and High-
ways 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 provided 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."
In case of default, there shall be added to the defaulted
amount one (1) per cent of the amount thereof, and on the 1st day
of each month following such default there shall be added a further
penalty of one (1) per cent of such defaulted amount. Thb one'(1)
per cent penalty first imposed shall be retained by the Treasurer
as a cost of servicing the delinquency and all subsequent.penalties
shall be paid to the holder of the bond along with and as a part
of such defaulted payment.
Proceedings for all work shall be taken pursuant to the
Municipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of. the Improvement Act of 1911
as heretofore described.
3
0.
BE IT FURTHER RESOLVED that in accordance with the pro-
visions of Sections 10203 and 10204 of the Streets and Highways
Code, bei.ng a part'of the Municipal Improvement Act of 1913, the
matter of the improvements and acquisitions herein referred to is
hereby referred to GARING, TAYLOR $ ASSOCIATES, INC., the firm
having charge and control of the improvements and acquisitions described
in this resolution. Said firm is hereby directed to make and file
with the City Clerk of the City of Morro Bay a report in writing
containing the following:
a. Plans and specifications of the proposed improve-
ment if the improvement is not already installed;
b. A general description of the works or appliances
already installed and any other property necessary
or convenient for the operation of the improvement,
if the works, appliances or property are to be
acquired as part of the improvement:
C. An estimate of the cost of the improvement and of
the cost of lands, rights-of-way,.easements and
incidental expenses in connection with the improve-
ment. If. the legislative body in the, resolution
of intention ordered thnt pri.vate utility damages
be included in the assessment, the report shall
contain an estimate of private utility damages;
d. A diagram showing the assessment district.. and the
boundaries and dimensions of the subdivisions of
land within the district as they existed at the
time of the pas.sage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as defined in Section 783 of the
Civil Code, shall be given a separate number upon
the diagram.
e. A proposed assessment of the total amount of the
cost and expenses of the proposed improvement
upon the several subdivisions of land in the
district in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from the improvement. When any portion or percent-
age of the cost and expenses of the improvement
is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such porti.on or percentage shall. first
be deducted from the total estimated cost and
expenses of the improvement, and the assessment
upon property proposed in the report shall'include
only the remainder of the estimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective numbers as assigned
pursuant to subdivision (d) of this section.
-4-
C
Y
BE IT FURTHER RESOLVED that if any surplus remains in
the.Improvement Fund after the completion of the improvements and
the payment of all claims from the Improvement Fund, said surplus
shall be transferred to.the general fund of the City if it does
not exceed the lesser of $1,000.00 or five per cent (50) of the
total amount expended from the Improvement Fund: otherwise said
surplus shall be applied as a credit upon the assessment in the
manner provided in Section 10427.1 of the Streets and Highways Code.
On motion of Councilman MallerY and seconded
by Councilman Donohoo tNe Ciiy Council of —the City of
Morro Bay here y a opts in ts entirety the foregoing Resolution,
on the following roll -call vote:
AYES: Councilmen Donohoo, Keiser, Mallery and Mayor Giannini
NOES: Councilmen
ABSENT: Councilman Bickford
Adopted: May.28, 1968.
or
ATTEST:
htALCOLM J. LITTLE, ZCi'llerk
CERTIFICATION OF CITY CLERK
I, MALCOLM J. LITTLE, Clerk of the City of Morro Bay, do hereby
certify that the foregoing is a true and correct copy of Resolution
No.29.-68 , passed by the City Council of the City of Morro Bay at
a reguFar meeting thereof, held on the 28th day of May, 1968.
Dated: May 31, 1968 —
MALCOLM J. LITTLE, City e'rk
(SEAL)
-5-
RESOLUTION NO. 28-68
RESOLUTION SETTING DATE AND TIME FOR
PUBLIC HEARING ON APPEAL OF BETTY E. CZERWIN
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay
did, on May 7, 1968, conduct a public hearing to consider the
request of Betty E. Czerwin for a variance to allow storage of
travel trailers and boat trailers in an R-4 zone on Lots 17 and
18, Block 19, March & McAlister Addition, at 645 Morro Avenue,
Morro Bay, California; and
WHEREAS, at said public hearing the Planning Commission
denied the request for a variance; and
WHEREAS, Betty E. Czerwin
Planning Commission to -the Morro
resolution is hereby proposed:
has appealed the decision of the
Bay City Council; the following
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council,
in conformance with Section 65355 of the Government Code of the State
of California, will hold a public hearing at 7:30 P.M. on Tuesday,
May 28, 1968, at the Morro Bay Recreation Hall, Shasta Avenue and
Dunes Street, Morro Bay, California, to consider the appeal of Betty
E. Czerwin on the denial of the Planning Commission to grant a
variance to allow storage of travel trailers and boat trailers in an
R-4 zone on Lots 17 and 18, Block 19, March & McAlister Addition, at
645 Morro Avenue, Morro Bay, California; 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.
On motion by Councilman Mallery 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, Donohoo, Keiser, Mallery and Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: May 14, 1968
JOS PH C. G ANNINI, Mayor
ATTEST:
M. LITTLE, City Clerk
RESOLUTION NO. 27-68
RESOLUTION ADOPTING A SALARY SCHEDULE AND POSITION CLASSIFICATIONS
ASSIGNING CITY EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS
WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE, DESCRIBING
METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY RESOLUTIONS
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council has adopted a
Personnel System by Ordinance No. 21, passed and adopted on March
23, 1965; and
WHEREAS, said ordinance requires that a position classi-
fication plan be adopted which covers all positions in the competitive
service and a plan of compensation directly correlated with the
position classification plan; the following resolution is hereby
proposed:
RESOLVED, that effective July. 1, 1968 the employees of
the City of Morro Bay shall be assigned to'Position Classifications
as set forth in that certain document entitled "Position Classification
and Salary Review", dated May 1965, as amended; and
BE IT FURTHER RESOLVED that Resolution No. 52-67, passed
and adopted on May 9, 1967 is hereby repealed as of July 1, 1968; and
BE IT FURTHER RESOLVED that said employees shall be
assigned to salary steps within the respective pay range of the
position classification as 'set forth in the following sections which
are hereby adopted as follows:
RESOLUTION NO. 27-68
PAGE TWO'
Section 1. Salary Schedule
1 2 3
Normal First Full
Range Hiring Incentive Qualification
No. Rate Rate Rate
4
ove Avg.
Performance
Rate
5
Outstanding
Performance
Rate
1
$288
$306
$325
$345
$365
2
297
316
33S
355
37S
3
306
325
345
36S
38S
4
316
335
355
375
39S
5
325
34S
365
385
40S
6
33S
35S
375
395
417
7
345
365
385
405
430
8
355
375
395
417
442
9
365
385
405
430
455
10
375
395
417
442
467
11
38S
405
430'
455
480
12
395
417
442
467
494
13
405
430
455
480
508
14
417
442
467
494
521
15
430
455 .
480
S68
53S
16
442
467
494'
521
550
17
4S5
480
508
S3S.
565
18
467
494
521
550
582
19
480
508
535
565
600
20
494
521'
550
582
617
21
508
535
56S
600
63S
22
S21
550
582
617
652
23
535
565
600
635
670
24
550
582
617
652
690
25
565
600
635
670
710
26
582
617•'
652
690
730
27
600
635
670
710
'750
28'
617
652
690
730
770
29
635
670 -
710
7S0
790
30
6S2
690
730
770
812
31
670
710
750
790
83S
32
690
730
770.
'812
860
33
710
7S0
790
835
88S
34
730
770
812
860
910
35
750
790
835
885
935
36
770
812
860:
910
962
37
790
.835
885
935
990
38
812
860
910
962•
1017
39
835
88S
935
990
1045
40
860.
910
962
1017
1072
41
885
93S
990
1045
1100
42
910
962
.1017
1072
1131
43
935
990
1045
1100
1160
44
962•
1017
1072.
1131
1193
45
990
1045
1100
1160
1224
46
1017
1072
1131
1193
1259
47
1045
1100
1160
1224
1291
48
1072
1131
1193
1259
1328
49
1100
1160
1224
1291
1362
s0
1131
1193
1259
1328
1401
RESOLUTION NO. 27-68
PAGE THREE
ection 2. Position Classifications
DEPARTMENT HEAD CLASSES
Range
Salary
City Administrator
41
885 - 1100
Director of Public Works
39
835 - 1045
Director of Finance
38
812:- 1017
Fire Chief
38
812 - 1017
Police Chief
38
812 - 1017
Director of Planning & Building
38
812 - 1017
ENGINEERING AND BUILDING INSPECTION CLASSES
Civil Engineering Assistant II
30
652 -
812
Chief Building Inspector
28
617 -
770
Civil Engineering Assistant I
25
565 -,
710
Principal Engineering Aide
22
521 -.
652
Building Inspector
21
508 -
635
Senior Engineering Aide
16
442 -
550
Drafting Aide
11
385 -
480
ADMINISTRATIVE, FISCAL AND CLERICAL CLASSES
Administrative Assistant
32
690 -
860
Accountant
26
582 -
730
Administrative Aide
16
442 -
550
Legal & Administrative Secretary
12
395 -
494
Account Clerk II
12
395 -
494
Stenographer
11
385 -
480
Account Clerk I
8
355 -
442
Dispatcher Clerk
8
355 -
442
Records Clerk
8
355 -
442
Typist Clerk II
7
345 -
430
Typist Clerk I
3
306 -
385
LIBRARY AND RECREATION CLASSES
Director of Parks & Recreation
32
690 -
860
Parks & Recreation Supervisor
23
535 -
670
City Librarian
30
652 -
812
Senior' Librarian
20
494 -
617.
Junior Librarian
16
442 -
550
MAINTENANCE & RELATED CLASSES
Public Works Superintendent.
32
690'-
860
Utilities Foreman
25
565 -
710
Harbor Patrolman
19
480 -
600
Maintenance Leadman
17
455 -
565
Water Meter Repairman
15
430 -
535
Maintenance Man •.
14
417 -
521
Groundskeeper
11
385•-
480
Janitor
9
365.-
455
RESOLUTION NO. 27-68
PAGE FOUR
POLICE AND FIRE CLASSES
Police Captain
Assistant Fire Chief
Fire Marshall
Police Lieutenant
Fire Captain
Police Sergeant
Fireman
Police Officer
Policewoman
UTILITY PLANT CLASSES
Chief Disposal Plant Operator
Disposal Plant Operator II
Disposal Plant Operator I
Range Salary
32
690
- 860
32
690
- 860
29
635
- 790
29
635
- 790
25
565
_ 710
25
565
- 710
21
508
- 635.
21
508
- 635
19
480
- 600
26 382 - 730
17 455 - '565
14 417 - 521
RESOLUTION NO. 27-68 I
PAGE FIVE
Section 3. Rules Governing Step Increases
(a) The following rules shall govern -step increases for all
employees hired hereafter and for employees listed under Section
4 below:
1. The first step is the minimum rate and shall normally be
.the hiring rate for the class. In cases where it is
difficult to secure qualified personnel, or if a person
of unusual qualifications is eligible for employment,
the City Council may authorize the administrative officer
to -hire at the second or third step. If a person is
hired at the second or third step, he shall receive the
next step when he has completed the time requirement for
such advanced step as outlined below, and is recommended
for advancement by the department head and approved by the
administrative officer. The first six months, regardless
at which step employment begins, is the probationary period.
2. The second step is an incentive adjustment and is gi4en at
completion of six months probationary employment at the
first step. Employees may be advanced to the second step
upon recommendation by their department head and approval
by the administrative officer.
3. The third step represents the middle value of the salary
range. and is the rate at which a fully qualified, experienced
and ordinarily conscientious employee may expect to be paid
after a reasonable period of satisfactory service. *An
employee may be advanced to the third step after completion
of six months of service at the second step provided the
advancement is recommended by the department head and
approved by the administrative officer.
4:. The fourth step is to be awarded for work which is above
average for the class. An employee may be advanced to the
'fourth step after completion of one year of service at the
third step provided the advancement is recommended by the
department head'and approved by the administrative officer.
S. The fifth step is intended as a reward for outstanding
performance. An employee may be advanced to the fifth step
after completion of one year of service at the fourth step
provided the advancement is recommended by the department
head and approved by the administrative officer.
(b) In applying the above rules, the next step increase shall be
granted, other conditions being met, on the following basis:
1. For those having an anniversary date on the first of the
month, the increase shall be effective that date.
2.. For those having an anniversary date on the second of the
month or later, the increase shall be effective the first
day of -the following month.
RESOLUTION NO. 27-68
PAGE SIX
•(c) Probationary period of employment shall be as follows:
1. Fire and Police Departments . . . . . .1 year
2. All other permanent employees . . . . .6 months
3.- The first six months or one year of service, whichever
applies to.the position at which employed, regardless of
the hiring step shall be considered as the probationary
period.
RESOLUTION NO. 27-68
PAGE SEVEN
Section 4. Assignment of Employees to Position Classifications
(a) The following employees hired on or prior to the
date of this resolution shall be governed by the rules as
forth in Section 3. All step increases shall be computed
the effective date of the last step increase as shown.
As of 7-1-68
Name Classification Range & Step
effective
set
from
Effective Date
Last Steo Increase
Battles, E.
Typist Clerk I
3
2
5-1-68
Blades, R.
Police Officer
21
5
7-1-68
Bradford, J.
Police Sergeant
25
5
6-1-67
Castle,.V.
Fireman
21
2
4-1-68
Cecil, N.
Stenographer
11
5
3-1-68
Christian, M.
Police Officer
21
3
2-1-68
Conn, R.
Disposal Plant Oper.I
14
4
12-1-67
Copeland, A.
Maintenance Man
14
5
7-1-67
Currens, M.
Typist Clerk II
7
5
10-1-67
Delgado, A.
Police Officer
21
4
6-1-68
Donovan, G.
Maintenance Man
14
4
4-1-68
Eidson, J.
Fireman
21
5
7-1-67
Evans, S.
Policewoman
19
5
6-1-67
Feierabend, C.
Police Sergeant
25
5
6-1-67
Fordyce, H.
Maintenance Man
14
3
2-1-68
Franks, L.
Fireman
21
5
7-1-67
Fry, C.
Maintenance Leadman
17
5
10-1-67
Henexson, S.
Fireman
21
5
7-1-67
Hinely, A.
Maintenance Man
14
3
10-1-67
Holeman, W.
Police Chief
38
5
6-1-67
Hunt, R.
Fireman
21
4
9-1-67
Huntington, R.
Maintenance Man
14
1
'3-18-68
Linhares, J.
Maintenance Man
14
1
3-4=68
Little, M.
City Administrator
41
1
4-16-68
Ludeman, C.
Director of Finance
38
5
12-1-67
Madruga, B.
Policewoman
19
3
8-1-67
Malmquist, J.
Police Officer
21
3
9-1-67
Marsden, J.
Police Officer
21
4
12-1-67
Medeiros, D.
Typist Clerk II
7
5
7-1-68
McSpadden, G.
Harbor Patrolman
19
5
11-1-67
Oldham, R.
Maintenance Man
14
2
1-1-68
Oakes, F.
Fire Captain
25
5
9-1-67
Peterson, D.
Maintenance Man
14
4
8-1-67
Ramos, D.
Typist Clerk II
7
3
10-1-67
Ramos, G.
Maintenance Man
14
4
8-1-67
Reynolds, E.
Account Clerk II
12
5
9-1-67
Richards, D.
Chief Disp.Plant Oper.
26
3
11-1-67
Rieger, N.
Fire Chief
38
5
9-1-67
Roberts, E.
Stenographer
11
4
5-1-68
Schacht, R.
Police Sergeant
25
5
7-1-67
Sevedge, L.
Disposal Plant Oper.II
17
5
7-1-67
Shelton, V.
Maintenance Man
14
3
11-1-67
Smith, M.
Disposal Plant Oper.I
14
3
10-1-67
Spellacy, J.
Dir. of Public Works
39
5
7-1-67
Stephens, F.
Fire Captain
25
5
9-1-67
Stuart, D.
Public Works Super.
32
5
1-1-67
Valley, K.
Principle Eng. Aid
22
4
8-1-67
Van Dyne, G.
Police Officer
21
5
7-1-68
Venancio, M.
Maintenance Man
14
5
7-1-67
Wentzell, C.
Typist Clerk II
7
2
3-1-68
Wilde, L.
Fireman
21
5
7-1-67
Williams, W.
Maintenance Man
14
4
8-1-67
6
RESOLUTION NO. 27-68
PAGE EIGHT
Section 5. Schedule of Salaries for Positions not within the
Classifications Plan and Salary Schedule
(a) Miscellaneous Classifications
Part-time Help
School Crossing Guard
Extra Help
Campground Caretaker
Summer - Temporary Help
Student Workers
Recreation Leader
Recreation Specialist
Volunteer Firemen
$1.95 per hour
Minimum hourly rate
for the classification
$225 per month
(6 months)
$1.60 per hour
1.75 per hour
2.00 per hour
$20.00 per month
Overtime Pay, All Classes
Straight time computed at the individual's current hourly
rate
(b) Appointed Officers
City Clerk $1.00 per month
City Treasurer 1.00 per month
RESOLUTION NO. 27-68
PAGE NINE
On motion made by Councilman
Mallery
and seconded by
Councilman Donohoo 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 Mallery and Donohoo and Mayor Giannini
NOES: Councilmen Bickford and Keiser
ABSENT: None
ADOPTED:
May 14, 1968
cGr2�
JOS PH C. GIANNINI, Mayor
ATTEST:
M. J. LITTLE, City Clerk
CERTIFICATION OF CITY CLERK
I hereby certify that the foregoing resolution
was duly and regularly adopted by the City
Council of the City of Morro Bay at a regular
meeting thereof held on the day of
1968.
Dated:
M. J. LITTLE, City Clerk
City of Morro Bay
By
Deputy City Clerk
RESOLUTION NO. 26-68
RESOLUTION REMOVING CITY ADMINISTRATOR FROM OFFICE
AUGUST 16, 1968, REASSIGNING DUTIES HERETOFORE ASSIGNED
TO CITY ADMINISTRATOR, AND AUTHORIZING PAYMENT FORTH-
WITH OF SUMS DUE OR TO BECOME DUE TO CITY ADMINISTRATOR
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Administrator holds office for and
during the pleasure of the City Council; and
WHEREAS, the City Council pursuant to the powers and
limitations conferred on it by Chapter 7 of Title II of the Morro
Bay Municipal Code can remove the City Administrator from office
upon a vote of three or more members of the City Council, and any
such removal is in the uncontrolled discretion of the City Council:
RESOLVED, that C. Ted White be removed from office as
City Administrator on August 16, 1968; that in the interim all
duties heretofore assigned to C. Ted White be reassigned to other
City personnel; and that hereafter the only duties of C. Ted White
shall be to render such advice regarding his former duties, at such
reasonable times, and to such persons as the City Council requests
of him; and
BE IT FURTHER RESOLVED that all salary, accumulated vaca-
tion time, and all other sums due or to become due to C. Ted White
on or before August 16, 1968, to the extent the same can be presently
ascertained, shall be paid to C. Ted White forthwith.
On motion made by Councilman Mallery, and seconded by
Councilman Donohoo, 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: Councilman Bickford, Donohoo, Keiser, Mallery & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: April 22, 1968
E� c�
/—JOSE—PH-
G
ATTEST:
MALCOLM J.(LITTLE,/ City Clerk
6
RESOLUTION NO. 25-6R
RESOLUTION AMENDING UNIFORM PROCEDURES FOR
WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE
ACCOUNTS AND REVOKING RESOLUTIONS NO. 43-65 AND 45-65
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay has established a General
Fund Account, a Harbor Trust Account, a Payroll Account, and
inactive accounts for deposit of funds; and
WHEREAS, certain other accounts were previously established
by resolution and are no longer required; and
WHEREAS, the City of Morro Bay desires to establish a uni-
form procedure for withdrawal of funds from active and inactive
accounts;
NOW, THEREFORE, BE IT RESOLVED that the City Clerk, the Mayor
and the Mayor Pro Tempore, any two acting together, shall be and are
hereby authorized to sign all checks, warrants, and/or withdrawal
slips for the withdrawal of funds from all active and inactive
accounts for and on behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that Resolutions No. 43-65 and 45-65
are hereby revoked.
On motion by Councilman Bickford and seconded by Councilman
Keiser , the Morro Bay City Counereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Donohoo, Keiser, Mallery & Mayor Giannini
NOES: None
ABSENT: None
ADOPTED: April 16, 1968
MAYS, City of Morro Bay
ATTEST:
0, � j 1N�2_
CITY CLERK, City of Morro Ba
RESOLUTION NO. 43-65
RESOLUTION ESTABLISHING UNIFORM PROCEDURE FOR WITHDRAWAL
FROM ACTIVE AND INACTIVE ACCOUNTS__
T H E CITY COUNCIL
City of Morro Bay, California
PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh '
ABSENT: Councilmen None
WHEREAS, the City of Morro Bay has by resolution established a..
General Fund, a Construction Account for Additions to Waste Water Treatment
Plant and has authorized the establishment of inactive accounts for deposit of
special funds; and
WHEREAS, the City of Morro Bay desires to establish a uniform
procedure for withdrawals of funds from such active and inactive accounts;
the following resolution is hereby proposed:
RESOLVED, that withdrawal from all active and inactive
accounts of the City of Morro Bay, except that active account
designated "Customer Deposit Account", shall be signed by the City
Clerk and shall be counter signed by the Mayor or the Vice Mayor,
except that moneys from the General Fund shall be withdrawn only
pursuant to a check on which shall appear the following signatures.
1. Written signature of the City Clerk, counter signed by the
written signature of the Mayor or Vice Mayor; or
2. Written signature of the City Clerk, counter signed by the
facsimile signature of the Mayor.
r
AND IT IS FURTHER.RESOLVED,that the provisions of any
resolution of the City of Morro Bay in conflict with this Resolution
No. 43-AS are hereby revoked.
On motion made by Councilman Surf luh , and seconded by
Councilman Payne 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, Crass, Payne, Zinn and Mayor--Surfluh
NOES: Councilmen None
Adopted: April 13, 1965
ATTEST:
Surflun, Tvigor
n --,
M
M1:
RESOLUTION NO. 45-65
RESOLUTION REVOKING AUTHORITY OF CERTAIN SIGNATORS FOR
CUSTOMER DEPOSIT ACCOUNT AND AUTHORIZING OTHER SIGNATORS
THEREFOR
THEJCITYCOUN CIL
City of Morro Bay, .California'
PRESENT: Councilmen Bowen, Crass, Payne, Zinn and Mayor Surfluh
i
ABSENT: Councilmen None
WHEREAS, by Resolution No. 42-64, a Customer Deposit Account
with the Security First National Bank, Morro Bay Branch, was\established;
and.
WHEREAS; certain persons were authorized under the provisions of
said resolution to execute checks for and on behalf of the City of Morro Bay;
and
WHEREAS, certain of said persons have left the service of the City or
have been reassigned to other duties; the following resolution is hereby
proposed:
RESOLVED, that the authority conferred by said Resolution
No. 42-64 on the individuals named therein is hereby revoked and
the City Clerk is hereby directed to - promptly notify the Security
First National Bank, Morro Bay Branch; of such revocation by
transmitting to such bank a certified and sealed copy of this
resolution.
AND IT IS FURTHER RESOLVED that the following named
City Employees shall be and hereby are authorized to execute
checks on said Customer Deposit Account and on behalf of the
City of Morro Bay, such authority to be effective until termination
of employment with the City of Morro Bay or until revoked by
resolution of the City Council: C. Ted White, Carl Ludeman, May
L. Currens, and Nellie C. Cecil.
On motion made by Councilman Bowen and seconded
by Councilman Zinn 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, Crass, Payne, Zinn and Mayor Surfluh
NOES: Councilmen None
Adopted: April 13, 1965
ATTEST: TT S
0 J
Z. Jea Wfiite, City Clerk
- 2 -
RESOLUTION NO. 24-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN THE CITY OF MORRO BAY ON THE 9TH
DAY OF APRIL, 19fz8 AND DECLARING THE RESULT THEREOF
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a regular general municipal election was held and
conducted in the City of Morro Bay, County of San Luis Obispo,
State of California, on Tuesday, the 9th day of April, 1968, as
required by law; and
WHEREAS, notice of said election was duly and regularly
given in time, form and manner as provided by law; that voting
precincts were properly established; that election officers were
appointed and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and
the returns made and declared 'in time, form and manner as required
by the provisions of the Elections Code of the State of California
for the holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 19-68 adopted the 26th
day of March, 1968, the City Clerk of the City of Morro Bay can-
vassed the returns of said election and has certified the results
to this City Council, said results are received, attached and made
a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were six (6) voting precincts estab-
lished for the purpose of holding said election consisting of
consolidations of the regular election precincts in the City of
Morro Bay as established for the holding of state and county
elections.
SECTION 2. That said regular general municipal election was
held for the purpose of electing the following officers of said City
as required by the laws relating to cities in the State of California,
to wit:
Two (2) members of the City Council of said
City for the full term of four (4) years;
SECTION 3. That the whole number of votes cast in said City
(except absent voter ballots) was 4,2.03.
That the whole number of absent voter ballots cast
in said City was 199, making a total of 4,402. votes cast in said City.
RESOLUTION NO. 44-65
RESOLUTION REVOKING CITY RESOLUTIONS NO. 3-64, 13 -,64, 14-64,
27-64 and 67-64
THE CITY COUNCIL
City of Morro Bay, California
PRESENT: Councilmen Bowen, Crass, Payne, Zinn and .'Mayor Surfluh
A B SENT: Councilmen None
The following resolution is hereby proposed:
RESOLVED, that the following resolutions of the City of
Morro Bay shall be and hereby are revoked:
1-. -Resolution No. 3-64 - Resolution to Select Depositories
and Establish Accounts for Municipal Funds.
2. Resolution No. 13-64 - Resolution Authorizing Certain
Officials to Draw Warrants of the Funds of the Former Morro Bay
Fire District and Former Morro Del Mar Fire District.
3. Resolution No. 14-64 - Resolution Authorizing the Transfer
of Certain Sums from the Former Morro Bay Fire District and the
Former Morro Del Mar Fire District to the City Treasury.
4. Resolution No. 27-64 - Resolution Authorizing Certain
Officials to Draw Checks on the Funds of the Former Morro Del
Mar County Water District and the Former Morro Bay Sanitary
District.
5. Resolution No. 67-64 - Resolution Authorizing the Use of
Facsimile Signature and Written Signatures in Making Expenditures
from the City of Morro Bay General Fund.
On motion made by Councilman Zinn 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, Crass, Payne, Zinn and Mayor Surfluh
NOES: Councilmen None
Adopted: April 13, 1965
ATTEST: _ . � J Surf u ay
Z'..-TeTWERE, city Cierk
E1
RESOLUTION NO. 24-68
PAGE TWO
SECTION 4. That the names of persons voted for at said
election for Member of the City Council of said City are as
follows:
Paul Bowen Frank Brebes
J. S. Surfluh Kenneth Dunham
Fred R. Donohoa,,Sr. Lawrence Thomas
Joseph C. Giannini Chester Zinn
That the number of votes given at each precinct
and the number of votes given in the City to each of such persons
above named for the respective offices for which said persons were
candidates were as listed in Exhibit "A" attached.
SECTION 5. The City Council does declare and determine that:
FRED R. DONOHOO, SR. was elected as Member
of the City Council of said City for the
full term of four (4) years;
JOSEPH C. GIANNINI was elected as Member of
the City Council of said City for the full
term of four (4) years.
SECTION 6. The City Clerk shall enter on the records of the
City Council of said City, a statement of•the.result of said election,
showing:
(1)
The
whole number of votes
cast in the City;
(2)
The
names of the ,persons
voted for;
(3)
For
what office each person
was voted for;
(4)
The
number of votes given
at each precinct
to
each person; and
(5)
The
number of votes given
in the City to
each
person.
SECTION 7. That the City Clerk shall immediately make and,
upon compliance by the persons elected with the provisions of Section
11565 and Section 11568 of the Elections Code.of the State of
California, shall deliver, to.each of such persons so elected a
Certificate of Election signed by him and duly authenticated; that
he shall also administer to each person elected, the Oath of Office
prescribed in the State Constitution of the -State of California
and shall have them subscribe thereto and file the same in his
office. Whereupon, each and all of said persons so elected shall be
inducted into the respective office to which they have been elected.
SECTION 8. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of the
RESOLUTION NO. 24-68
PAGE THREE
City Council of said City, in the minutes of the meeting at which
the same is passed and adopted.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety by the following
roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: April 16, 1968
ATTEST:
C. TED WHITE, City Clerk
CERTIFICATION
It is hereby certified that the foregoing is a true and
correct copy of Resolution No. 24-68 passed by the
City Council of the City of Morro Bay at a regular meeting
thereof held on the 16th day of April, 1968.
Dated:
City Clerk, City of Morro Bay
900
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RESOLUTION NO. 23-68
RESOLUTION APPROVING AND AUTHORIZING SIGNING OF SUPPLEMENTAL
POLICE MUTUAL AID AGREEMENT AND REVOKING RESOLUTION NUMBER 136-65
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, it is to the mutual advantage and benefit of the
City of Morro Bay and all police agencies of the County of San Luis
Obispo to enter into an agreement for supplemental police protection
in the event of local disaster, disturbance or other local emergency
of a magnitude beyond the control of any single police agency; the
following resolution is hereby proposed:
RESOLVED that the attached Agreement entitled "Agreement for
Supplemental Police Mutual Aid" by and between the County of San Luis
Obispo, the City of Morro Bay and certain other cities within the
County of San Luis Obispo is hereby approved and the Mayor be and is
hereby authorized and directed to sign said agreement for and on
behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that Resolution No. 136-65 is hereby
revoked.
On motion by Councilman Keiser and seconded by Council-
man Mallery , the Morro Bayy City Council hereby adopts the
foregoing resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: April 16, 1968
ATTEST:
`M1+� 1�
C.TED WHITE, City.
RESOLUTION NO. 19-68
RESOLUTION ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON THE 9TH DAY
OF APRIL, 1968, TO BE MADE BY THE CITY CLERK OF
THE CITY OF MORRO BAY
T H E C I T Y C O U N C I L
City of Morro -Bay, California
WHEREAS, a regular general municipal election will be
held and conducted in the City of Morro Bay, County of San Luis
Obispo, State of California, on Tuesday, the 9th day of April,
1968, as required by law; and
WHEREAS, the City Council of said City desires the can-
vass of said election to be made by the City Clerk of said City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 22932.5 of the
Elections Code of the State of California, the canvass of the
regular general municipal election to be held in the City of
Morro Bay, County of San Luis Obispo, State of California, on
Tuesday, the 9th day of April, 1968, is hereby ordered to be made
by the City Clerk of the City of Morro Bay.
SECTION 2. That the City Clerk of said City shall, prior
to the 16th day of April, 1968, complete the canvass of the regular
general municipal election to be held in said City on the 9th day
of April, 1968, and shall certify the results to this said City
Council on the 16th day of April, 1968.
SECTION 3. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in
the book of original Resolution of said City; and shall make a
minute of the passage and adoption thereof in the records of the
proceedings of the City Council of said City, in the minutes of
the meeting at which the same is passed and adopted.
SECTION 4. That this resolution shall take effect
immediately.
On motion made by Councilman Mallery and seconded by
Councilman Bickford , the City Counci�Te_ 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: March 26, 1968
S. SURFLUH, Mayor
ATTESSTT:
C`'TEbWHITE, CIty C�er
9
RESOLUTION NO. 20-68
RESOLUTION CHANGING COUNCIL MEETING DATES FOR MONTH OF
APRIL, 1968
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the regular meeting of the Morro Bay City
Council scheduled for April 9, 1968 is hereby changed to April
16, 1968, and the regular City Council meeting scheduled for
April 23, 1968, is hereby cancelled. Said meeting of April
16, 1968 to be held.in the Morro Bay Recreation Hall, Shasta
Avenue and Dunes Street, Morro Bay, California, at the hour of
7:30 P.M.
On motion made by Councilman Mallery 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 & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: March 26, 1968
ATTEST:
• r 1
44,
C. TED WHITE, City Clerk
RESOLUTION NO. 21-68
RESOLUTION REQUESTING STUDY OF STATE
ROUTES 1 AND 41 AS SCENIC HIGHWAYS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the State Legislature has declared State
Highway 1 and portions of State Highway 41 to be in the State
Scenic Highway System; and
WHEREAS, portions of these two highways.pass through
the City of Morro Bay;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay that it hereby requests that a study be
made of those portions of State Highways 1 and 41 passing
through the City of Morro Bay toward officially qualifying
said portions of these highways as scenic highways; and
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to notify the District Engineer of the
Council's intention and to request the initiation by the Division
of Highways of said study.
On motion by Councilman Keiser and seconded by Councilman
Bickford , the Morro Bay City Council hereby adopts the foregoing
resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: March 26, 1968
QJ14 /a� -
J. S. SURF H, Mayor
ATTEST:
C. TED WHITE, City Clerk
RESOLUTION NO. 22-68
RESOLUTION APPROVING AMENDED LEASE
AGREEMENT BY AND BETWEEN THE CITY OF
MORRO BAY AND THE UNITED STATES COAST
GUARD
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the Lease Agreement by and between the
City of Morro Bay and the United States Coast Guard No.
T12cg-3006 is cancelled effective March 15, 1968 and said
lease agreement is amended and replaced by Lease Agreement
No. DOTCGI2-3215, a copy of which is attached hereto and
marked Exhibit "A". Said amended Lease Agreement is hereby
approved and the Mayor be and is hereby authorized and
directed to sign said Lease Agreement for and on behalf of
the City of Morro Bay.
On motion by Councilman Keiser and seconded by
Councilman Bickford , the Morro Bay City Council hereby adopts
the foregoing resolution in its entirety by the following roll
call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: March 26, 1968
S. SURFLU , Mayor
ATTEST:
0 Q-'- � "-
C. TED WHITE, City Clergy
RESOLUTION NO. 18-68
RESOLUTION APPROVING STIPULATION IN SETTLEMENT OF
MORRO BAY HARBOR LITIGATION, SAN LUIS OBISPO COUNTY
SUPERIOR COURT ACTION NUMBER 31598
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, a lawsuit was filed September 27, 1965, against
the City of Morro Bay, among others, entitled Ma E. Pipkin,
et al. vs. State of California, et al., No. 31598; an
WHEREAS, Mayor Surfluh and Councilman Bickford, serving
as the Council's Tidelands Committee, aided by the material
participation and efforts of Councilman Bowen, have cooperated with
the City Attorney, Peter M. Kardel, to negotiate with the plaintiffs
for a settlement, and as a result of such negotiations, nineteen of
the twenty-three plaintiffs, together with plaintiffs' attorney of
record, Allan P. Murphy, have executed a Stipulation for settlement
of the suit, a copy of which Stipulation is hereto attached; and
WHEREAS, the City Council has reviewed the Stipulation and
the preliminary draft of a lease attached to the Stipulation as
Exhibit B;
RESOLVED that the settlement set forth in the Stipulation is
in the best interests of the City of Morro Bay and the people of the
State of California; therefore, the Mayor and the City Attorney are
directed to execute the Stipulation on behalf of the City. The pre-
liminary draft of a lease attached to the Stipulation as Exhibit B
is generally satisfactory, and the Mayor and City Attorney will
cooperate with each plaintiff to draft, and submit to the City Council
for approval, a Stipulation and lease having reference to the
particular requirements and lease site descriptions applicable to
each plaintiff.
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 by the following roll
call vote:
RESOLUTION NO. 18-68
PAGE TWO
AYES: Councilmen Bickford, Bowen, Keiser and Mayor Surfluh
NOES: Councilman Mallery
ABSENT: None
ADOPTED: March 26, 1968
ATTEST:
C. TED WHITE, CITY CLERK
S. SURFLUH/ Mayor
CERTIFICATION
It is hereby certified that the foregoing is a true
and correct copy of Resolution No. 18-68 passed by
the City Council of the City of Morro Bay at a regular
meeting thereof held on the 26th day of March, 1968.
DATED:
C. TED WHITE, City Clerk
City of Morro Bay, California
By;
Deputy City Clerk
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(SPACE BELOW FOR FILING 6TASP ONLY)
PETER M. KARDEL
1101 MARSH 61Nf6T
6AN LU18 0
fi16P0. CALIFORNIA
E99.9DI3
Auorneyfor Defendant City of Morro. Bag
MAY E. PIPKIN, et al.,
Plaintiffs,
VS.
THE STATE'OF CALIFORNIA, et al.
Defendants.
No. 31598,
STIPULATION
)
IT IS HEREBY STIPULATED that the Court shall find, and that
judgment herein shall be entered adjudging and decreeing:
1. That the most westerly boundary of the patent of tide-
lands issued by the State of California on or about March 25, 1872
and recorded on or about September 6, 1872, in Book A, Page 298
of Patents, Official Records, County of San Luis Obispo, iden-
tified as Tidelands Survey No. 10, together with all accretions
thereto and deletions therefrom, and'.as''.it last existed in its
natural state, is as follows:
That line in the City of Morro Bay, County of San L.)is
Obispo, State of California, more particularly described as follow
The easterly boundary line of the Embarcadero generally
as it now exists (but in no event shall said street be less than
fifty (50) feet wide at any point), lying between the southerly
line of South Street and the westerly extension of .the northerly
line of Seventh Street (now Dunes Street) as said lines now exist
1
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I
and generally as said South Street and Seventh Street are shown
2
on the Map of the Lands of March and McAlister, filed for record
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January 23, 1889 in Book A of Maps at Page 159; and the westerly
4
line of Lots H and G lying between=SevenEfi and Eighth Streets (now
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Beach Street) as shown on said map, the southerly line of Lot'H
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being.102 feet in length, more or less, the northerly line of Lot
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and the southerly line of Lot G being 83 feet in -length, more or
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less, and the northerly line of Lot G being 97 feet in length,
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more or less, the easterly 'line of- said .Lots. H.and .G..being the
10.
westerly line of Front Street as it now exists 60 feet .in width.
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All boundary lines herein mentioned are to be determined by Garing
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Taylor and Associates, Inc., whose principals are registered
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civil engineers Robert S. Garing, Jr., Civil Engineer No..8977,
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and Samuel L. Taylor, Civil Engineer No. 12748, and a map thereof
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filed for record with the San Luis Obispo County Recorder. `
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2. That plaintiffs herein have not possessed at any time,
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nor does any plaintiff now possess, alone or with others, any righ
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title or interest (other than a leasehold interest) in or to any
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real property situated westerly of the most westerly. boundary of
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said Tidelands Survey No. 10�as said westerly boundary is describe
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above in paragraph 1.
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3. That the City of Morro Bay (hereafter referred to as "Cit
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as trustee for the people of the State of California, holds the
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entire fee interest in all real property,- including but not limite
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to tide and submerged lands, situated westerly of the most westerl
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boundary of said Tidelands Survey No. 10 as said westerly boundary
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is described above in paragraph 1.
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4. That plaintiffs' action on file herein shall be dismissed
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with prejudice as to all defendants,and each of them, and all
30I
cross -complaints and counterclaims., it any, filed herein by defen-
1
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dants against plaintiffs shall be dismissed with prejudice._- -
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PETER M. KARDEL
'
-2-
ATTORNEYS AT LAW
1101 MARSH GTRCCT
SAN LYIS OBISPO.
CALIFORNIA 03A01
CLAPHONC 0433913
1
III IT IS FURTHER STIPULATED
2 5. That plaintiffs have signed an agreement the language of
3 which is set forth in Exhibit A attached. If by reason of any
4 plaintiff's settlement of this suit an action is brought against
5 him,by any other plaintiff herein alleging that such settlement
6is in breach of said.agreement, then the City, at the City's sole
.7 cost and expense, shall -defend the plaintiff-who:settles and save
8 him harmless from any damages recovered in such suit by such other
9 plaintiff.
10. 6. That plaintiffs each of-fer-to=�execU e a lease containing
11 the provisions set forth in the preliminary draft lease attached
12Ilhereto as Exhibit B; that the City Council of the City of Morro Bay
13 shall promptly respond to said offers, and if it finds the prelim-
14 inary draft is satisfactory shall cooperate with each plaintiff
15 to draft and execute a stipulation and lease having reference.to---
16 the particular requirements and lease site descriptions'.applicable.
17I1to each plaintiff. Existing legal descriptions of the lease sites
1811are in some instances inaccurate to an extent of several feet, and
1.9 the.parties hereto agree to adopt the legal descriptions of the
20 lease sites now being prepared by Garing, Taylor & Associates, Inc.
21 Each new lease of a lease site shall be a substitute for and shall
2211replace any.existing lease of the same lease site.
2311 IT IS FURTHER STIPULATED
2411 WHEREAS the City is developing an improvement program for the
25 harbor and waterfront area of the City of Morro Bay, the cost of
26 which will be in excess of $175,000.00 and which will be paid for
27 by the City, or which may be paid for in part by the City and in.
28 part by other persons, agencies and entities, both public and__ -
29iprivate; and
30; WHEREAS the City has informed plaintiffs of the general natu
31 and scope of said improvement program, which envisions the construc-
32 tion and improvement of,streets, curbs, gutters, parking areas,
PETER ...XAROEL
ATTOAHCYO AT LAW
"01 MAR 6TAECT
OAN LUI$ OOIG PO.
CALIPOANIA 00.01
TCLCPNONC L43.3913
-3-
I sidewalks, cross -walks, landscaping, ornamental street lighting, and
2 public facilities, as shown generally in the preliminary sketch
3 attached hereto as Exhibit C, and which pertains to an area
4 westerly of Market Avenue and Morro Avenue, northerly of South
5 Street, and southerly of Beach Street, and has further informed
6 plaintiffs that the planning of said.improvement program is not
7I completed, and that the City from time to time may'make changes
811in design and engineering (for example,•and not'as a limitation,
911the City may make changes in the construction materials to be
used, and in the inclusion, design, location.or.size of streets,
lllcurbs, gutters, sidewalks, cross -walks, driveways, parks, functional
12 or ornamental structures, utilities and public facilities); and
13 WHEREAS each plaintiff, with -the -except!err=af-May-E'."Pipkin,
14 represents and warrants to the City that he is the owner in fee
15ill1of real property which shall derive special benefit from said
16 improvement program, and each plaintiff desires that the City initial e
17 proceedings to form a special assessment district and issue bonds
18 for the purpose of financing said improvement program;
19 NOW THEREFORE -it is stipulated:_ '
20 A. That said improvementprogram specially benefit said
21IIreal property of each plaintiff, except May E. Pipkin, and that saidl
22 real property can be included by the City in any assessment district
23 that is formed for the purpose of financing -said improvement progr
24 B. That within one year._following entry of judgment herein,
25 the City will take steps to form an assessment district and to
2611issue bonds for the purpose of financing said improvement program;
27 however, the City shall be under no obligation to take any step or
28 perform any act with regard to an assessment district or the improve
29 Iment program if
301 (4) ;Settlement of this action, evidenced by a written
31i stipulation executed by the parties concerned, has not been
32II . achieved among defendants and (i) not less than 12 plaintiffs
PETER M. KARDEL - �4-
ATTORNIZYY AT LAW
1101 MARSH 6TACET
0AN LUIS OOIGP0,
CALIFORNIA 90401
T[LLPNONC 543.30131
I within thirty (30) days,of the. date hereof, (ii) not less tha
2 20 plaintiffs within forty-five (45) days of the date hereof;
3 or
411 (b) If pursuant to -.any provision of law, the City is
5 required at any time to abandon proceedings for the formation
6 of an assessment district or the issuance.of bonds or the --
7 financing of said improvement program..,
8 C. That if each plaintiff and any successor -in -interest to
9 each plaintiff of real property owned by each plaintiff and speciall
10. benefited by said improvement program
11 (a) from time to time, whenever requested by the City
12 within fifteen (15) days of each such request, c..ecute and
13 deliver to the City any petition submitted to them by the
14 City for the purpose of initiating or implementing any asses-
15 ment proceedings or bond act, including but not limited to a
16 petition waiving investigation proceedings under the Majority
17 Protest Act of 1931, which petition concerns said improvement
18 program; and
19 (b) do not file or submit any written or verbal protest
20 to proceedings for the formation of an assessment district an
21 issuance of bonds for the purpose of financing said improvemelit
22 program, including but not limited to any protest of the real
23 property to be included or excluded from a proposed asses'smen
24 district, the cost of construction, and any protest which may
25 be made pursuant to any enactment including the Majority Pro-
26 test Act of 1931,
27 then, in the event both conditions (a) and (b) set forth in this
28IPart C are fulfilled, the City shall, by reimbursement or otherwise,
29,save the owner of said real property harmless from any assessment
30i levied on said property by reason of its inclusion in an assessment
3111district formed for the purpose of financing said improvement pro-
3211gram.
PCTER M.KARDEL.
ATTOgNCYb AT MW
ItO1 MAgGM STRCCY
SAN LUIS OOISPO.
CA LIPOB NIA Y]<OI
TC LCYHON6 L43.3 D f 3
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D. Each plaintiff hereby irrevocably assigns to the City all,
Irights which he, and any successor -in -interest to him to his said
(real property, now possesses or shall possess in the future as an
"interested person" pursuant to California Streets and Highways Code
section 10310, and every other provision of law granting any right
to protest or impede the formation, implementation or financing
of said improvement program.. Any act by any plaintiff to protest
or impede the formation, implementation or financing of said improve"
ment program will be in breach of such plaintiff's obligations here-
under, and any.such protest that is in writing shall be invalid and
of no legal force or effect.
E. Any breach by any party of any provision or obligation'
(herein contained shall not vitiate or modify this stipulation or
any part hereof, nor shall it affect the title to real property as
set forth herein. In any action brought against the City alleging
la breach of any obligation herein contained, relief against the
City shall be limited to the recovery of money damages only.
F. This stipulation shall be effective and is conditioned
lupon the due execution by all parties and effectiveness of both the
Operating Agreement entered into by and between the City of Morro
Bay and the State of California, acting through the State Lands
Commission, and the Stipulation and Agreement made by and -among 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
San Luis Obispo", filed in the Justice Court of the Second Judicial
District of the County of San Luis Obispo.
P [T2R M. KARDCL
•TTOII"CYO AT NV/
1101 MARU" GTREQT
VAH IVIG OOIG PO.
CAL(/ORNIA 0]601
ITGLCP"O"C LG3.3 D:9
1
I G. All notices, 'requests, communications and -papers may be
2 served on each plaintiff by mail at the address given'beside the
3 signature of each plaintiff below. -- `
4
5 Dated: March 25, 1968
6�
71 Plaintiff acres
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P GTER M. KARDEL
ATTOpNCYO AT LAV/
1101 MApOX OTR[Ci
LAN LV IG OO15Y 0.
CA LIIO gXIA O]COI
rCLCPHONC 543.3913
CGUy�(�
Morro Bay''
Morro Bay, California
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Morro Bay, California
Morro Bay, California
Morro Bay, Calibrnia
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Morro
Bay, California
Morro
Bay,
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Morro
Bay, California
Morro Bay., California
. Morro Bay, California
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Morro Bay, California
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Morro Bay, California
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—.Z 3 -640
Morro Bay, California
Jones, Jones, Murphy & Sturges
.232 North Madison
MJIL
C lifo is
_— B ,
Attorneys for Plaint/iffy- - -
Peter M. Kardel
City Attorney
City of Morro Bay
By
Attorneys for Defendant
City of Morro Bay
PCTCR M. KARDCL
ATTOPNCTG AT LAW
1101 MAN9N 6THCCT
6AN LW6001G MCALIIOFNIA G]601
.CLCPNONC 543.3913
FN�
LEASE
THIS LEASE is made by and between the City of Morro
Bay; a municipal corporation of the State of California
("Lessor") and
and is effective as of
RECITALS
("Lessee")
WHEREAS, the State of California granted certain
tide and submerged lands to the County of San Luis Obispo
in 1946, and said grant, as amended in 1960, provides that
said lands shall be used by said county, and its successors,
only for the establishment, improvement and conduct of a
harbor, and for the construction, maintenance and operation
thereon of wharves, docks, piers, slips, quays and other
utilities, structures, facilities and appliances necessary
or convenient for the promotion and accommodation of commerce
and navigation, and for recreational use, public park, parking,
highway, playground and business incidental thereto, all
as particularly stated in the Act which grants to Lessor
said lands, a copy of which Act is attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the parties hereto hereby expressly recognize
and agree that on July 17, 1964, the City of Morro Bay,
Lessor, succeeded to all of the right, title and interest
of the County of San Luis Obispo in and to all lands conveyed
to the County of San Luis Obispo by the State of California
under and by virtue of the above -mentioned Act; and
/ 14/ 8
WHEREAS, in -order to_develop and improve Morro Bay
Harbor and to provide facilities for the accommodation of those
using said harbor, Lessee desires to enter into this Lease for
the rental of the real property, sometimes referred to hereafter
as "Premises," described in Exhibit "B" attached hereto and
incorporated herein by reference, which Premises may or may
not include portions of the tide and submerged lands conveyed
under and by virtue of the above -mentioned Act and held by
Lessor as successor -in -interest to the County of San Luis
Obispo;
NOW THEREFORE, Lessor does hereby lease to Lessee,
and Lessee does hereby hire from Lessor, the Premises for
the considerations, and upon the terms and conditions hereinafter
stated.
Term. See exhibit.A attached.
Rent. See exhibit A attached.
Report of Gross Receipts. See exhibit A attached.
3. Uses.
3.1. Permitted Uses. Except as otherwise,
provided in Article 3.2 below, Lessee shall not use, or permit
the Premises, or any part thereof, to be used for any purpose
or purposes, other than the purpose or purposes, and on the
conditions, set forth in Exhibit "C" attached hereto and
by this reference incorporated herein.
3.2. Other Uses. Lessee may use -the Premises,
for other lawful purposes in addition to those enumerated
- 2-
above; provided, however, that such purposes are consistent
with the terms of the grant set forth in Exhibit "A" attached
hereto, and the written consent of Lessor is first had and
obtained. Lessor shall not unreasonably withhold its consent
to any request for such additional uses.
3.3. Use of Tidelands. If at any time during
the lease term,--or-any--extension thereof, the tenancy here-
under is or becomes inconsistent with the trust under which - -
the Premises or any portion thereof are held by Lessor pur-
suant to the grant from the State of California set forth
in Exhibit "A," Lessor shall have the right to terminate
this Lease upon giving ninety (90) days written notice to
Lessee. Upon such termination, Lessee shall be entitled
to the fair market value of the improvements constructed
by Lessee on the Premises as of the date written notice
is given of such termination. The value of such improve-
ments shall be determined in the manner provided in Article
8 below.
4. Utilities.
(a) Lessee agrees that any authorized utility
company has the right, subject to Lessor's written approval,
to run utility lines, pipe, conduits, or ductwork where
necessary or desirable through the Premises in a manner
which will not unnecessarily interfere with Lessee's use
of the Premises.
(b) Lessee shall have the responsibility to
continue or to connect the utilities provided on the Premises
to its facilities, and to furnish, install and maintain,
at its own expense, all necessary ducts, pipes, and conduits
to service adequately its own installations.
-3-
5. Security.
5.1. Security for Rent and Repairs.
(a) Lessee at all times during the lease
term shall have deposited with Lessor a sum equal to twenty-
five percent (25%) of the then current annual rent. This sum
shall be held by Lessor as security for the faithful per-
formance by Lessee of all of the terms, covenants, and conditions
of this Lease by said Lessee to be kept and performed during
the lease term or any renewal thereof. If at any time during
the lease term any of the rent herein reserved shall be overdue
and unpaid, or any other sum payable by Lessee to Lessor
hereunder shall be overdue and unpaid, then Lessor may, at
the option of Lessor, appropriate and apply any portion of
said deposit to the payment of any such overdue rent or other
sum. In the event of the failure of Lessee to keep and perform
all of the terms, covenants, -and -co 3.tivns o his Lease
to be kept and performed by Lessee, Lessor may, at its option,
appropriate and apply said deposit, or so much thereof as
may be necessary to compensate Lessor for all loss or damage
sustained or suffered by Lessor due to such breach on the —
part of Lessee. -
(b) Should the entire deposit, or any
portion thereof, be appropriated and applied by Lessor for
the payment of overdue rent or other sums due and payable
to Lessor by Lessee hereunder, then Lessee shall, upon the
written demand of Lessor, forthwith remit to Lessor a suf-
ficient amount in cash to restore said security to a sum
equal to twenty-five percent (25%) of the then current
annual rent.
-4-
(c) Should Lessee comply with all of
said terms, covenants, and conditions and promptly pay all
of the rental herein provided for as it falls due, and all
other sums payable by Lessee to Lessor hereunder, the principal
sum of said deposit, without interest, shall be returned
in full to Lessee at the end of the term of this Lease,
or upon the earlier termination of this Lease as herein
provided.
6. Maintenance and Repair.
6.1. Lessee's Obligation to Maintain and Repair.
Except as otherwise provided in Article 6.2 below, Lessee
shall, at its sole cost, keep and maintain the Premises'
and all improvements of whatever kind that may be now or
hereafter erected, installed, or otherwise made thereon
by Lessee, in good and sanitary order and condition, and
shall make all necessary repairs and al-teration thereto
Lessee further shall provide pr* er containers for trash
and garbage and keep the Premises at all times free and
clear of rubbish, debris and litter.
6.2. Lessor's Obligation to Maintain and Repair.
Lessor covenants and agrees to keep in proper maintenance
and repair all bulkheads, seawalls or quaywalls in the Morro
Beach Harbor, and to keep all sidewalks adjacent to quaywalls
in the Morro Bay Harbor in proper maintenance and repair
at all times. Lessor further covenants and agrees to do
or cause to be--d no e;"at its sole cost and expense, any dredging
as may be from time to time required in the Morro Bay Harbor
beyond the boundaries of any lease sites. If, in Lessor's
opinion and at its sole discretion it becomes necessary
for the safety of the Harbor to extend any bulkhead, seawall,
-5-
mole, or quaywall, it shall have the right to do so at its
sole cost and expense.
6.3. Lessor's Right of Entry and Repair. Lessor
reserves the right to enter upon the Premises, or any portion
thereof, from time to time, for the purpose of inspecting
or repairing any facilities owned, operated, or controlled
by Lessor and for the purpose of establishing, extending
or rebuilding a seawall, quaywall, bulkhead or mole, conduct-
ing dredging operations or otherwise to make any such repairs
or improvements as are necessary.to the con-- main enance
or repair of Morro Bay Harbor:
6.4. Limitations on Lessor's Obligation to Repair.
Excepting only as in this Lease expressly provided, Lessor
shall have no duty, obligation, or liability whatever to_'
care for or maintain the Premises.._ In the event that, by
any express provision of this Lease, Lessor agrees to care
for or maintain the whole or any part of the Premises, such
agreement on the part of Lessor shall constitute a covenant
only, and no obligation or liability whatsoever shall exist
_�.—'-
on the part of Lessor unto Lessee by reason thereof unless
Lessor fails to commence performance of such obligation
with reasonable.diligence after receipt of a written notice
from Lessee specifying (a) the provisions of this Lease-
whereunder said duty is claimed to exist on the part of
Lessor, and (b) the facts existing that require the per-
formance of such duty.
7.' Removal of Debris.
With the exception of (a) shoaling occurring.
within the Morro Bay Harbor area, beyond the boundaries
r
•
•
of the Premises, and (b).debris or submerged craft existing
upon the Premises at the time that Lessor delivers possession
thereof to Lessee, Lessee, at its sole cost and expense,
shall, in addition to its obligations under Article 6.1,
remove all debris from the water area of the Premises which
may obstruct water traffic and otherwise interfere with
the use of any water leased hereunder. If Lessee fails
to commence the removal of such debris within ten (10) days
after receipt of notice thereof from Lessor, or thereafter
fails to prosecute diligently said removal to completion,
Lessor may remove the debris and use so much of the security
deposit referred to in Article 5.1 of this Lease, up to
the whole thereof, as is necessary to cover the costs of
removing such debris. In the event said security deposit
is not sufficient to cover said costs, Lessee shall immediately
upon receiving written notification from Lessor of the amount
by which said costs exceed said security deposit forthwith
pay the same to Lessor.
8. Surrender of Leased Premises.
8.1. Lessee's Obligation to Surrender Upon
Expiration. Lessee hereby covenants that upon the expira-
tion of the basic lease term, or the renewal thereof, which- _—
ever event shall last occur,.it�orthwith quit and
surrender to Lessor the Premises and all buildings, struc-
tures, installations, and other improvements -thereon in
good and clean condition so as to leave the Premises and. -�
said buildings, structures, installations, and other improve-
ments in substantially the same condition as when first
occupied by Lessee, reasonable wear and tear excepted.
—�_� -7-
Lessee hereby further agrees that on the last to occur of
the aforesaid events, the title to all the buildings, struc-
tures, installations, and other improvements of any kind
placed on the Premises by Lessee shall thereupon vest in
Lessor and said buildings, structures, installations, and
other improvements shall become the absolute property of
Lessor without cost or expense to Lessor. Lessee agrees
to execute any and all documents necessary to transfer title
to said buildings, structures, installations, and other---.. - --
improvements, within ten (10) days after written demand
by Lessor.
8.2. Removal or Sale of Improvements Upon
Termination. Upon the termination of this Lease at the
election of Lessor after default by Lessee, or upon any
other termination of this Lease prior to the expiration
of the basic lease term, or the renewal thereof, Lessee
shall have the option to remove from the Premises all its
buildings, structures, installations, and other improve-
ments at Lessee's expense or to offer said buildings, struc-
tures, installations, and other improvements for sale to
Lessor. Lessee shall have fifteen (15) days immediately
following such termination of this Lease within which to
notify Lessor in writing in accordance with the provisions
of Article 22 hereof whether Lessee elects to remove some
or all of said buildings, structures, installations, and
other improvements from the Premises at its expense and/or
to offer some or all of said buildings, structures, instal-
lations, and other improvements for sale to Lessor, if
Lessee elects to offer said buildings, structures, instal-
lations, and other improvements for sale to Lessor, notice
��
thereof to Lessor shall contain Lessee's terms and condi-
tions applicable to the proposed sale including, but without
limitation, the percentage figure and dollar portion of
the total sales price that are allocable to each said building,
structure, installation, and other improvement offered for
sale.
8.3. Acceptance or Rejection. If Lessee elects
to offer some or all of said buildings, structures, instal-
lations, and other improvements for sale to Lessor, Lessor
shall have fifteen (15) days from receipt of said offer
within which to accept or reject said offer for sale as
to some or all of said buildings, structures, installations,
and other improvements. The decision of Lessor shall be
communicated in writing to Lessee pursuant to the notice
provisions set forth in Article 22 hereof.
8.4. Removal by Lessee Upon Termination. If
Lessee elects to remove all its buildings, structures, instal-
lations, and other improvements for the Premises, or if
Lessor chooses to reject the offer for sale on some or all
of said buildings, structures, installations, and other
improvements, Lessee shall, within ninety (90) days immedi-
ately following the termination of this Lease, remove at
its own expense all buildings, structures, installations,
and other improvements placed on the Premises by Lessee
and not accepted by Lessor, as well as all debris, surplus
;r
and salvage materials then situated on the Premises, so
as to leave the Premises in substantially the same conditi-
as when first occupied by Lessee; provided, however, that
if any or all of said buildings, structures, installations,
and other improvements are not removed on or before the
QM
expiration of said ninety (90) days from the termination
of this Lease, then and in that event and on that date,
Lessee shall immediately surrender and deliver up to Lessor
possession of the Premises in good condition, reasonable
wear and tear excepted, and said buildings, structures,
installations, and other improvements shall become the property
of Lessor and title therein sha4A,��est in Lessor, or at
its option, Lessor shall have the right to remove, sell,
remove and sell, or destroy said buildings, structures,
installations, and other improvements on Lessee's -account.
8.5. Removal by Lessor. If Lessor elects
to remove, sell, remove and sell' -or -destroy. -some -or all --`-
of said buildings, structures, installations, and other
improvements on Lessee's account, Lessee shall pay to the
Lessor the reasonable cost of any such removal, sale, removal
and sale, or destruction,_ and Lessor shall pay to Lessee
I
the proceeds, if any, from said removal, sale, removal and
sale, or destruction, to the extent that such proceeds exceed
the unreimbursed costs of Lessor incurred thereby.
8.6. Purchase by Lessor. If, upon the failure
of Lessee to remove its buildings, structures, installations,
and other.improvements from the Premises within the pre-
scribed ninety (90) day period, Lessor elects to acquire
some or all of said buildings, structures, installations,
nd other improvements, the final selling price thereof shall
be determined as follows: The parties are to agree in writing
on the purchase price to be paid for said buildings, struc-
tures, installations, and other improvements if they are
able to do so. If within thirty (30) days from and after
the date on which Lessor elects to acquire some or all of
said buildings, structures, installations, and other improve-_ _
-10-
ments, the parties are still unable to agree on the price
to be paid, then Lessor and Lessee shall agree in writing
upon one (1) appraiser to determine the fair market value
of said buildings, structures, installations, and other
improvements. The fees of such appraiser shall be divided
equally between the parties. If the parties are unable
to agree on one (1) appraiser, each shall appoint one (1)
appraiser, and the two (2) appraisers shall determine the
fair market value of the buildings, structures, installations,
and other improvements. Each party shall pay the fees of
the appraiser appointed by it. If the two (2) appraisers
so appointed are, within sixty (60) days of their appoint-
ment, unable to agree on the fair-mask2—t fialue of said buildings,
structures, installations, and other improvements, then
they shall in writing immediately appoint a third appraiser,
and a majority of the three (3) so appointed shall.deter-
mine the fair market value of said buildings, structures,
installations, and other improvements -within sixty__(60)
days of the appointment of the third appraiser. The fees
of the third appraiser shall be divided equally between
the parties. The appraiser or appraisers shall value said
buildings, structures, installations, and other improve-
ments. The final selling price of said buildings, structures,
installations, and other improvements shall be the amount
equal to the fair market value of said buildings, struc-
tures, installations, and other improvements as determined
pursuant to the appraisal.
8.7. Payment for Improvements. Commencing
with the forty-fifth (45th) day from and after the date
-11-
0
on which the final selling price is determined in accordance
with Article 8.6 hereof, any balance of the selling price
remaining unpaid by Lessor shall bear interest at the rate
equal to the then prevailing prime rate for commercial loans
in the County of San Luis Obispo up to but not exceeding
six per cent (6%) per annum.
8.8. Definition of "Fair Market Value." "Fair
market value," as that phrase is used herein, is the highest
price estimated in terms of money which the buildings, struc-
tures, installations, and other improvements would bring
if offered for sale in the open market, under the conditions
prevailing as of the date of valuation, with a reasonable
time allowed in which to find a purchaser or purchasers
buying with a knowledge of all the uses and purposes as
to which the buildings, structures, installations, and other
improvements are adaptable and for which they are available,
the seller being willing to sell, but under no particular
or urgent necessity for so.doing, nor obligated to sell,
and the buyer being ready, willing and able to buy, but
under no particular or urgent necessity for so doing. This
definition of fair market value presupposes that both buyer
and seller are familiar with the buildings, structures,
installations, and other improvements and their adaptabil-
ities and uses on the Premises.
9. Title and Warranties.
Lessee acknowledges that the Premises are subject
to covenants, conditions, easements, and restrictions of
record. However, Lessor warrants that it has the author-
ity to lease the Premises to Lessee. In the event Lessee
performs and observes all of the covenants and conditions
on its part to be performed hereunder, including the sums
payable to Lessor by Lessee, Lessor shall secure to Lessee
during the lease term or any renewal thereof the quiet and
peaceful possession of the Premises against all persons.
Lessor shall, upon acquiring actual knowledge of the claims
of any such person, which claims disturb or interfere with
the quiet and peaceful possession of the Premises by Lessee,
at Lessor's own cost and expense and with reasonable dili-
gence, file such actions and take such proceedings as may
be reasonably necesary to remove the claim of such person
and the interference and disturbance thereby with the quiet
and peaceful possession by Lessee, but aside therefrom Lessee
shall not have any claim against Lessor for any damages
nor shall Lessee be released or discharged from any of its
obligations, liabilities, or indebtedness hereunder unless
and until Lessee be legally, actually, and physically (as
distinguished from constructively) evicted from the Premises
by such person or persons.
Except as provided above, Lessor makes no warranties
as to the title or occupany of the Premises.
10. Encumbrance of Leasehold.
10.1. Right to Encumber. In the event it
becomes necessary for Lessee to secure financing for the
construction of improvements, permission is hereby given
by Lessor allowing Lessee to mortgage, hypothecate, assign,
or otherwise encumber the Premises and/or improvements con-
structed or to be constructed by Lessee on the Premises
as security for any loan or loans required for the purpose
-13-
of constructing said improvements; provided, however`, -that
no lien or encumbrance of any kind or nature can be placed
upon the tide or submerged lands or the fee simple title
to the Premises. Prior to making any such lien or encum-
brance allowed hereunder, Lessee must submit to Lessor the
proposed terms and conditions of said loan, setting forth
the total amount —thereof. -the interest rate, the schedules
and a description of the security for the repayment thereof.- - -
In no event shall the provisions of this paragraph be used
to transfer ownership of this Lease nor to change the control
of any Lessee.
10.2. Rights of Encumbrance Holder.
(a)Nothing contained in this Lease
shall be deemed to preclude the transfer of this Lease at
a foreclosure sale under any trust deed or mortgage executed
to obtain financing referred to above in Article 10.1, or
to any subsequent transfer by the encumbrancer
(i) if the encumbrancer is the
purchaser at such foreclosure sale, and
(ii) if the encumbrancer is a com-
mercial bank, savings and loan association, mutual savings
bank, insurance company, pension fund trustee, or if the
transfer by the encumbrancer is approved in writing by Lessor.
In the event the encumbrancer is not the purchaser at such
foreclosure sale or is not a commercial bank, savings and
loan association, mutual savings bank, insurance company
or pension fund trustee, then no Such subsequent transfer
can be made without obtaining the prior written consent
of Lessor. In the event of any transfer, the encumbrancer
-14-
u
shall forthwith give written notice to Lessor of such transfer,
including the name and address of the transferee and the
effective date of such transfer.
(b) Notwithstanding any provisions
of this Lease to the contrary, Lessor agrees that it will
not terminate this Lease because of any default or breach
hereunder on the part of Lessee if, within a time equal
to the time granted to Lessee herein after service of written
notice to the encumbrancer by Lessor of its intention to
terminate this Lease for such default, encumbrancer shall
(i) cure such default in the time
and manner provided in Article 13 below, and
(ii) keep and perform all terms,
covenants, conditions and agreements of this Lease; pro-
vided, however, that if the encumbrancer fails or refuses
to comply with any or all of the terms of this_Brt;cla, in such event Lessor shall be reee s� the covenants
of forebearance contained herein.
(c) Notwithstanding any provisions
of this Lease to the contrary, Lessor further agrees that_
it will not terminate this Lease because of any default
or breach specified in Article 13.1 (c) if, within ten (10)
days immediately following the occurrence of those events
designated in said Article 13.1 (c), the encumbrancer gives
written notice to Lessor of the occurrence of such event
and in said notice elects to assume all obligations of Lessee.+
V
under this Lease: and within ten (10) days after the giving
of said notice executes all documents necessary for the
assumption by the encumbrancer of all of Lessee's obliga-
tions under this Lease; provided, however, that if the
-15-
encumbrancer fails or refuses to comply with any or all
of the terms of this Article, in such event Lessor shall
be released from the covenants of forebearance contained
herein.
(d) Any notice to the encumbrancer
provided for in this Article may be given contemporaneously
with any notice of default to Lessee.
11. Hold Harmless and Insurance.
11.1. Waiver of Claims. Lessee, as a material
part of the consideration for this Lease, hereby waives
all claims against Lessor for damages to goods, wares, mer-
chandise, buildings, installations or other improvements
in, upon, or about the Premises and for injuries to Lessee,
its agents or employees, or third persons in or about the
Premises from any cause arising at any time; and Lessee
will hold Lessor exempt and harmless from any damages or
injury to any person, or to the goods, wares, merchandise,
watercraft, facilities, or other property of any person,
arising from the use of the Premises by Lessee, or from
the failure of Lessee to keep the Premises in good condition
and repair, as herein provided, when such damage or injury
shall be caused in part or in whole by the negligence, or
fault of, or omission of any duty with respect to the same
by Lessee.
11.2. Prohibition Against Hazardous Use. No
use shall be made or permitted to be made of the Premises,
nor acts done by Lessee which will cause a cancellation
of any insurance policy covering the Premises, or'any part
thereof, or any buildings or improvements thereon, nor
-16-
shall Lessee sell, or permit to be kept, used, or sold,
in or about the Premises, or any buildings or improvements
thereon any article which may be prohibited by any insurance
policies covering the Premises, said buildings or improve-
ments. Lessee shall, at its sole cost and expense, comply
with any and all requirements necessary for the maintenance
of reasonable fire and public liability insurance covering
the Premises, said buildings, or other improvements or other
appurtenances.
11.3. Public Liability and Property Damage
Insurance. Additionally to and independently of all other
provisions of this Lease, Lessee shall, at its own cost
and expense, forthwith after the execution hereof, procure
a policy or policies of comprehensive public liability and
property damage insurance, with the limits of not less than
$200,000.00 for injuries to or death of any one (1) person,
and $500,000.00 for injuries to or death of any two (2)
or more persons, and $75,000.00 for property damage, issued
by insurers either approved in writing by Lessor or rated
in Best's as "Triple A" or better, whereof Lessor shall
be the named or additionally named insured. The terms of
said policies may be for such period as shall be designated
by Lessee; provided, however, that within two (2) months
prior to the expiration of such insurance terms, Lessee
shall procure other policies of said insurance so that between
the execution of this Lease and the commencement of the
lease term, and throughout the entire lease term or any
renewal thereof, or until the sooner termination hereof,
Lessor shall always be a named insured under the policies
-17-
Cl
•
of comprehensive public liability and property damage insurance
in accordance with the foregoing. Certificates of said
insurance, together with the receipts for the payment of
premiums for the terms thereof,�shallrb d livered to Lessor
within ten (10) days after the execution of this Lease,
and, thereafter within thirty (30) days prior to the expiration
of the term of each such policy. Said policies sha11_-contain
a non -cancellation -without -notice clause and shall provide
that copies of all cancellation notices -shall be sent -'to
Lessor.
11.4. Fire Insurance. Lessee, at all times
during the lease term, shall maintain in effect, at its
own cost, fire -insurance with an extended coverage endorse-
ment and perils'of the sea insurance, approved in writing
by Lessor, in an:'amount equal to at least ninety per cent
(90%) of the insurable value of the buildings and other
improvements on the Premises owned by Lessee. All insurance
policies shall be written in such form that the proceeds,
if any, shall be payable to Title Insurance and Trust Company,
hereafter Trustee. All policies so made payable to Trustee
shall be delivered to it and thereafter be held by Trustee
and a certificate of the insurance company carrying such
insurance shall be delivered to Lessor within ten (10) days
after the date of commencement of the lease term, and, there-
after within thirty (30) days prior to the expiration of
the term of such policy. Said policies shall contain a
non -cancellation -without -notice clause and shall provide
that copies of all cancellation notices shall be sent to
Lessor and Trustee. Trustee shall hold such insurance
4
policies and receive all money that becomes due and payable
thereunder, deposit it in its own banking department or
elsewhere, in its sole discretion, and pay it out as provided
in this Lease. Trustee shall not be obligated hereunder
in any manner except to receive and pay out any money that
is received by it as such Trustee, together with such interest,
if any, as is paid by the Trustee at the time upon like
trusts of like amounts. Trustee is authorized to retain
from the trust fund the necessary expenses incidental to
the collection of any of such funds and a reasonable amount
for its services in connection with the trust.
11.5. Insurance Trust. All insurance money
received by Trustee shall be held-bylT-r-uste'e -to secure the
performance by Lessee of its obligations under this Lease
to repair, replace or reconstruct any of its buildings,
installations or other improvements located on the -Prem-
ises that have been damaged or destroyed. If Lessee in
a period of three (3) months'after-the. receipt of _.insurance.-----..-----"'-"
proceeds by Trustee commences performance of its obliga-
tions to repair, replace or reconstruct said buildings,
installations or other improvements that have been damaged
or destroyed, the insurance money held by Trustee shall
be paid to Lessee or its order upon its written request,
which request shall certify that Lessee has actually incurred
indebtedness which is then due and payable for such work
in an amount equal to not less than the amount called for
in such request in addition to the aggregate of all amounts
theretofore paid by Trustee to or on the order of Lessee
on any previous demands, and that such work has been completed
-19-
to an extent equal in cost to the aggregate amount of the
indebtedness so incurred. Each such request, if the total
cost of the work exceeds Twenty-five Thousand Dollars
($25,000.00), shall be accompanied by the certificate of
a licensed architect satisfactory to Trustee certifying
to the correctness of the statements contained in the request.
Trustee shall be entitled to rely upon such request and
certificate as a full warrant and justification for the
payment of money as therein provided, but before making
any such payment Trustee may, but need not, make such reason-
able investigation as it deems necessary, including an examina-
tion of the pertinent books and records of Lessee, for the
purpose of enabling it to determine whether or not the request
of Lessee should be complied with, and furthermore at least
one -tenth (1/10th) of such money shall be retained in the
trust and shall not be paid as aforesaid until Lessee has
filed with Trustee, in addition to the documents described
above, the certificate of Title Insurance and Trust Company
or other corporate title insurer satisfactory to Trustee,
certifying that, according to the records, the time for
the filing of materialmen's liens or mechanics' liens, stop
notices or other liens of a like nature has expired and
that no such liens are outstanding. Notwithstanding the
foregoing, if the title company's certificate certifies
that, according to the records, the time for the filing
of claims of mechanics' liens, materialmen's liens, stop •T
notices or other liens of a like nature has expired and
that only certain claims of lien have been filed or are
in effect, Trustee may make the final payment out of the
trust fund, less the amount of the lien or liens shown
-20 �"
in the certificate, together with a sum which, in the sole
discretion of Trustee, will be sufficient to cover all interest,
cost and other charges that may accrue on or in connection
with such lien or liens. Any money so withheld by Trustee
in connection with any lien shall be paid to Lessee or its
order upon proof satisfactory to Trustee that such lien
has been discharged or in the sole discretion of the Trustee
shall be used by it to discharge such lien. Until being
applied as herein provided, all remaining insurance money
shall be held by Trustee as further security for the per-
formance of Lessee's obligations under this Lease. Upon
completion of the work and the payment of all expenses and
fees of the trust then accrued, Trustee shall pay any insur-
ance money then remaining to, or upon the order of, Lessee.
11.6. Disposition of Trust Funds on Termination.
If this Lease is terminated for any reason while subject
to the disposition of insurance proceeds in accordance with
this Article 11, Trustee shall hold and dispose of the insur-
ance policies and of the trust fund in order to satisfy
the obligations of Lessee under this Article 11, and the
balance of such proceeds, if any, shall be distributed in
accordance with the instructions of Lessee.
11.7. Workmen's Compensation Insurance. Lessee
shall procure, at its own expense, and shall keep in force
during the lease term, adequate insurance against liability
arising on account of injuries or death to workmen or em-
ployees on the Premises or any installation or other improve-
ments of Lessee. Such workmen's compensation insurance
to be provided by Lessee shall%bin� the maximum amounts
-21-
obtainable against liability under the Workmen's Compensa-
tion Insurance and Safety Act of the State of California.
12. Assignment or Subletting.
12.1. Restrictions on Assignment or Subletting.
Lessee shall not assign this Lease, or any interest herein,
and shall not sublet the Premises or any part thereof or
any right or privilege appurtenant thereto, and shall not
sublet any buildings,or other structures of Lessee, or suffer
any other person (the agents and servants of Lessee excepted)
to occupy or use the Premises, or any portion thereof, or
any buildings or other structures thereon, without the written
consent of Lessor first had and obtained. Any consent to
one assignment, subletting, occupation or use by another
person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another person.
Lessor shall act reasonably in granting its approval to
assignments and subleases. Lessor shall have the right,
as a condition to its consent, to require that the assignee
or sublessee agree in writing to comply with all terms,
covenants, conditions and agreements in this Lease. Any
such assignment or subletting without Lessor's consent shall
be void, and shall, at the option of Lessor, be grounds
for terminating this Lease.
12.2 Miscellaneous Rentals Excluded. Notwith-
standing any provisions herein to the contrary, the terms
"assignment", "subletting", "occupation", or "use" shall
not be construed or interpreted to mean or include the renting
or leasing of boat slips, motel, hotel or apartment accom-
modations on the Premises. However, the renting or leasing
-22-
of boat slips and motel, hotel or apartment accommodations
shall come under any applicable operating rules and regula-
tions of Lessor, and if Lessee rents-or-leases-any--boat-
slips or motel, hotel or apartment accommodations, contrary
to the rules and regulations of Lessor, or in violation
of any other rule, Lessor, unless such violation should
be corrected within ten,(.10) days after written notice to
Lessee, reserves the right to cancel said Lease of any such
slip, motel, hotel or apartment accommodations rented contrary
to such operating rules and regulations and Lessee will
refund any advanced rental.
12.3. Transfer on Termination. Termination
of this Lease prior to expiration of the lease term shall
not serve to cancel approved subleases, but shall operate
as an assignment to Lessor of any and all such subleases
and all rights of Lessee thereunder shall terminate and
shall pass to Lessor. .Lessor agrees to be bound by the
terms of said subleases so long as sublessees are riot in
default in the performance of the obligations of said sublease.
Lessor may, at its option, transfer said subleases to a
new lessee or otherwise as Lessor deems fit.
13. Default.
13.1. Definition of Default. Not by way of
limitation, the following shall be deemed a default by Lessee
and a breach of this Lease:
(a) Failure to pay rent, additional
rent or any other sum;
(b) Failure to do, observe, keep and
perform any of the terms, covenants, conditions and agree-
ments of this Lease to be done, observed, kept or performed
by Lessee;
-23-
(c) The voluntary or involuntary assign-
ment or transfer of Lessee's interest in this Lease without
prior written consent of Lessor; the filing of a voluntary
or involuntary petition in bankruptcy, or for reorganization,
or for an arrangement by or against Lessee if Lessee is
a sole proprietor or corporation, or against any member
of Lessee if Lessee is a partnership or joint venture, or
adjudication of Lessee as a bankrupt or insolvent, or appoint-
ment of a receiver of the business or of the assets of Lessee,
except a receiver appointed at the instance or request of
Lessor, or a general assignment by Lessee, or any assign-
ment for the benefit of its creditors; and
(d) Failure to immediately commence
curing of default involving other than payment of money,
and promptly to proceed in good faith to rectify the same
and prosecute the same to completion with diligence.
13.2. Lessor's Election. Upon occurrence
of the following:
(a) If Lessee_'s�riterest, or any part
of its interest, in this Lease is assigned or transferred,
either voluntarily or by operation of law, except with Lessor's
prior written consent had and obtained, or if
(b) A voluntary petition in bankruptcy —
or for reorganization or for*an arrangement ig filed by
Lessee, if Lessee is a sole proprietor or corporation, or
is filed by any member of Lessee, if Lessee is a partner-
ship or Joint venture, or if
(c) Lessee, or any member of Lessee
if Lessee is a partnership or a joint venture, is adjudi-
cated bankrupt or insolvent or makes a general or other
-24-
assignment for the benefit of creditors or applies for receiver-
ship or .a trusteeship, or if
(d) Lessee fails within sixty (60)
days of receipt of written notice from Lessor to obtain
dismissal of a petition in bankruptcy or for reorganization
or for an arrangement filed against Lessee, if Lessee is
a sole proprietor or corporation, or against any member
of Lessee, if Lessee is a partnership or joint venture,
or if
(e) Lessee fails within sixty (60)
days of receipt of written notice from Lessor to obtain
dismissal of the application of a creditor for the appoint-
ment of a receiver or trustee of the business or the assets
of Lessee, or of any member of Lessee if Lessee is a partner-
ship or joint venture, except a receiver or trustee appointed
at the instance or request of Lessor, or if
(f) Lessee fails within ten (10) days
of receipt of written notice from Lessor to remedy any default
in the payment of any sum, including, but not limited to,
payment of rental, or any deficiency of any security deposit
due under this Lease, or if
(g) Lessee, after receipt of written
notice from Lessor, fails to remedy any other default or
to keep any other term, covenant or condition of this Lease
with all reasonable dispatch, not exceeding the sixty (60)
days; then, in addition to any other remedy Lessor may have
by operation of law, or otherwise provided herein, Lessor
shall have the right and the option, without any further
demand or notice, to re-enter the Premises and eject all
persons from the Premises, using all reasonable force to
do so, and either:
-25-
(i) Declare this Lease at an end,
in which event Lessee shall immediately pay Lessor a sum
of money equal to the amount, if ,any, by which the then
cash value of the rent reserved under this Lease for the
balance of the lease term exceeds the then cash reasonable
rental value of the Premises for the balance of the lease
term, or
(ii) Without terminating this Lease,
relet the Premises, or any part of the Premises, as the
agent and for 'the account of Lessee upon such terms and
conditions as Lessor may deem advisable, in which event
the rents received on such reletting shall be applied first
to the expenses of such reletting and collection, including
necessary renovation and alterations of the Premises, reason-
able attorneys' fees, any real estate commissions paid,
and thereafter to payment of all sums due or to become due
Lessor under this Lease, and if a sufficient sum shall not
be realized to pay such sums and other charges, Lessee shall
pay Lessor any deficiency, notwithstanding Lessor may have
received rental in excess of the rental stipulated to in
this Lease in previous or subsequent months, and Lessor
may bring an action therefor as such monthly deficiency
shall arise. Lessor shall in no event be liable in any
way whatsoever for failure to relet the Premises, or in
the event that the Premises are relet,'for failure to collect
the rent thereof under such reletting.
13.3. Right of Re -Entry. Any such right of
re-entry reserved under Article 13.2 shall be allowed by
Lessee without hindrance, and Lessor shall not be liable
-26-
in damages for any such re-entry, or be guilty of trespass
or forcible entry.
13.4. Lessor's Right to Cure Default. In
the event of Lessee's breach or default of any term, cove-
nant, or condition in this Lease �Le sor may at any time,
without notice, cure such breach for the account and at
the expense of Lessee. If Lessor at any time, by reason
of such breach or default, is compelled to pay, or -elects
to pay, any sum of money or to do any act that will require
the payment of any sum of money,'or'"is compelled to incur''
any expense, including reasonable attorneys' fees, in insti-
tuting, prosecuting, or defending any actions or proceedings
to enforce Lessor's rights under this Lease or otherwise,
the sum or sums so..paid_by Lessor, with all interest, costs,
and damages shall be deemed to be additional rent under _
this Lease and shall be due from Lessee to Lessor on the
first day of the month following the incurring of such expenses.
13.5. Attorneys' Fees. In the event of the
bringing of any action by either party hereto against the
other by -reason of the breach of any covenant or condition
on the part of the other party or arising out of this Lease,
then and in that event, the party in whose favor final judgment
shall be entered shall be entitled to recover from the other
party reasonable attorneys' fees to be fixed by the court
wherein such judgment shall be entered.
13.6. Right to Legal and Equitable Remedies.
In the event of a default or threatened default by Lessee
of any terms, covenants, conditions 6r agreements of this
Lease, Lessor shall have the right of injunction ana the
right to invoke any remedy allowed at law or in equity as
-27-
if re-entry or other remedies were not herein provided for.
Mention in this Lease of any particular remedy shall not
preclude Lessor from any other remedy at law or in equity.
14. Condemnation.
14.1. Termination on Total Taking. If title
to all of the Premises is taken for any public or quase-
public use under any statute, or by right of eminent domain,
then this Lease shall terminate on the date that possession
of the Premises is taken.
14.2. Termination on Partial Taking. If title
to so much of the Premises is so taken that (i) Lessee will
be deprived of thirty per cent (30%) or more of the area
of the Premises, or (ii) Lessee will be deprived of thirty
per cent (30%) or more of the fair market value of improve-
ments constructed by Lessee upon the Premises taken, then,
in either of those events, this Lease shall terminate, at
the option of Lessee, on the date that possession of part
of the Premises is taken. For the purposes of this Article
and Article 14.3, fair market value shall be determined
in the manner provided in Article 8 above.
14.3. Adjustment of Rent on Partial Taking.
If any part of the Premises shall be_so- en-- tt_- "--se-- '
is not terminated pursuant to this Article 14, then this
Lease shall, as to the part so taken, terminate as of the
date that possession of such part is taken, and the monthly -
rental payable hereunder shall be adjusted so that Lessee --
shall be required to pay for .the remainder of the lease
term only such portion of the rent as the fair market value
of the Premises and improvements remaining after the taking
-28-
bears to the fair market value of the entire Premises and
improvements at the date of the taking. Lessee shall, at
its own expense, make all necessary repairs or alterations
to its buildings and improvements not taken reasonably suitable
for Lessee's continued occupany for the purposes and uses
for which the Premises are leased.
14.4. Allocation of Award. All compensation
awarded or paid upon the total or partial taking of the
fee title of the Premises or part of the Premises shall -
belong to Lessor. All compensation awarded or paid upon
the total or partial taking of any buildings and other improve-
ments made by Lessee on the Premises shall belong to Lessee.
Lessor shall not be entitled to any compensation paid to
Lessee for costs incurred by Lessee in removing its furni-
ture, equipment, and trade fixtures from the Premises or
from any buildings or improvements on the Premises. Nor
shall Lessor be entitled to any compensation paid to Lessee
in the proceeding or action for such taking with respect
to removal or relocation costs, or anticipated or lost profits
(excluding the value of this Lease to Lessor) or damages
to any personal property or detriment to the business of
Lessee, or any special damages (excluding the value of this
Lease to Lessor) to Lessee.
14.5. Proration of Rent and Repayment of Deposits.
If this Lease is terminated pursuant to this Article, the
rent and all other obligations of Lessee hereunder shall
be prorated to the date of termination. If Lessee has paid,
performed and observed all of Lessee's covenants and obliga-
tions hereunder, Lessor shall repay to Lessee the security
-29-
deposit and any rent and other payments hereunder paid by
Lessee for any period beyond the date of termination.
15. Destruction.
15.1. Destruction by Non -Insurable Peril.
In the event of the destruction, whether total or partial,
of any building, structure or other improvement of Lessee,
which destruction results from a peril for which Lessee
is not required to secure and maintain insurance under the
provisions of Article 11.4 above and against which Lessee
has no insurance in effect at the time of such destruction,
hereafter referred to as a "non -insurable," Lessee shall
be under no obligation to repair, construct, reconstruct
or restore said building, structure or other improvement.
15.2. Termination or Destruction by Non -Insurable
Peril. In the event of the destruction of more than thirty
per cent (30%). of the fair market value of the improvements
constructed by Lessee upon the Premises as a result of a
noninsurable peril, Lessee may, at its option, terminate
this Lease as of the date said destruction occurs, upon
Lessee giving written notice to Lessor of its intention
within thirty (30) days following said destruction. For
the purpose of this Article and Article 15.4, the fair market
value shall be determined in the manner provided in Article
8 above.
15.3. Proration of Rent and Repayment of
r
Deposits on Termination. If this Lease is terminated D,irsiiRni
to the provisions 6f Article 15.2 above, the rent and all
other obligations of Lessee hereunder shall be prorated
to the date of termination. If Lessee has paid, performed
-30-
and observed all of Lessee's covenants and obligations hereunder,
Lessor shall repay to Lessee the security deposit and any
rent and other payments hereunder paid by Lessee for any
period beyond the date of termination.
15.4. Adjustment of Rent Upon Less Than Total
Destruction of Non -Insurable Peril. In the event of the
destruction of less than thir-ty�ger—cennt (30%) of the fair f '
market value of the improvements constructed by Lessee upon
the Premises as a result of a non -insurable peril, this
Lease is not terminated. However, the monthly rental payable
hereunder shall be adjusted so that Lessee shall be required
to pay for the remainder of the lease term- only - such portion -
of the rent as the fair market value of the improvements
on the Premises remaining after the destruction bears to
the fair market value of the improvements on the Premises
at the date of the destruction. In such event, Lessee shall,
at its own expense, make all necessary repairs or altera-
tions to its buildings or improvements not destroyed reason-
ably suitable for Lessee's continued occupancy for the purposes.,
and uses for which the Premises are leased.
15.5. Destruction by Insurable Peril. In
the event.of the destruction, whether total or partial,
of any building, structure or other improvement of Lessee
as a result of a peril for which Lessee has insurance or
for which Lessee is required to secure and maintain insurance
under Article 11 above, Lessee shall, within ninety (90)
days from the date of said destruction, commence the repair,
construction, reconstruction or restoration of said building,
structure or other improvement and shall prosecute the same
-31-
diligently to completion
Any such destruction, whether
total or partial, shall not annul or void this Lease.
16. waiver of Breach.
The waiver by Lessor of any breach of any one
or more of the covenants, conditions, or agreements of this
Lease shall not be construed to be a waiver of any contem-
poraneous, subsequent or other breach of said covenants,
conditions, or agreements of this Lease, or of any other
covenant, condition or agreement of this Lease. Nor shall
the subsequent acceptance of rent hereunder by Lessor be
deemed to be a waiver of any preceding breach by Lessee
of any covenant, condition, or agreement of this Lease,
other than failure of Lessee to pay the particular rental
so accepted, regardless of Lessor's knowledge of such preceding
breach at the time of acceptance of such rent. Nor shall
any failure on the part of the Lessor to require or exact
full and complete compliance with any of the covenants,
conditions, or agreements of this Lease be construed as
in any manner changing the terms hereof or as to preclude
Lessor from enforcing the full provisions hereof. Nor shall
the terms of this Lease be changed or altered in any manner
whatsoever other than by written agreement of the Lessor
and Lessee.
17. Compliance with the Law.
17.1. Rules, Statutes and Ordinances. Lessee
shall, in all activities on or in connection with the Premises
and in all uses thereof, including the making of any altera-
tions or changes and the installation of any e uipmen-
other improvements, abide by.and onform to all rules and
-32- '-�_
•.
regulations adopted by Lessor, any ordinances of said Lessor,
including but not limited to, the Building Code, zoning
regulations, and regulations of the Fire Department and
any applicable federal or state statutes or other municipal
laws now in force or which may hereafter be in force; provided,
however, Lessee shall have the right to test the constitu-
tionality of any such ordinance, statute, or other law.
17.2. Judicial Decrees. The judgment of any
court of competent jurisdiction, or the admission of Lessee
in any action or proceeding against Lessee, whether Lessor
is a party thereto or not, that Lessee has violated an ordinance,
statute, or other law in the use of the Premises, shall
be conclusive of the fact as between Lessor and Lessee.
18. Supervision and Conduct of Lessee's Employees.
Lessee warrants, promises and covenants that
the Premises, or any buildings, structures, or improvements
of Lessee situated thereon, shall be personally supervised
by competent personnel who have legal capacity and power
to act on behalf of Lessee. Lessor shall have the right
to require the discharge by Lessee of any employee of Lessee,
or of Lessee's agents, sublessees, concessionaires, or licensees,
whose conduct is determined by Lessor to be detrimental
to the public interest.
19. Taxes.
Lessee shall pay or cause to be paid before
delinquency all taxes, assessments• or fees, levied, assessed,
or charged upon Lessee or the premises by reason of any
buildings, structures, equipment, appliances or other improve-
ments of any nature whatever erected, installed, or maintained
-33-
by Lessee, its sublessees, concessionaires or licensees,
or by reason of the business or other activities of Lessee,
its sublessees, concessionaires or -licensees -upon -or in -
connection with the Premises. Lessee shall further pay
or cause to be paid any fees imposed by law for licenses
or permits for any business or activity of Lessee, its sublessees,
concessionaires or ,licensees upon or in connection with
the Premises or under this Lease.
20. Waste.
Lessee shall not commit, or suffer to be committed,
any waste or nuisance upon the Premises.
21. Holding Over.
Any holding over after the expiration of the
lease term, or renewal thereof, with the consent of Lessor,
shall be construed to be a tenancy from month to month,
at the monthly rental then in effect, and shall otherwise
be on the terms and conditions herein specified, so far
as applicable. Such holding over shall include any time
employed by Lessee to remove equipment, appliances, instal-
lations, or other improvements during the ninety (90) day
period hereinabove mentioned in Article 8 for such removal
following termination (as distinguished from expiration)
of the Lease.
22. Notices.
Any and all notices or demands by or from�Lessor
to Lessee, or Lessee to Lessor, shall be bn writing. They
shall be served either personally or by registered or certified
mail, If personally served, service s:,ail bu cu,iu_a6ively
deemed made at the time of service. If served by registered
or certified mail, service shall be conclusively deemed
-34-
made forty-eight (48) hours after the deposit thereof in
the United States mail, postage prepaid, addressed to the
party to whom such notice'or demand is to be given, as here-
inafter provided. Any notice or demand to Lessor may be
given to the City Clerk or Mayor of The City of Morro Bay,
City Hall, City of Morro Bay, California. Any notice or
demand to Lessee may be given to it at
Such addresses may be changed by written
notice given in the manner herein provided.
23. Successors.
Subject to the provisions herein relating to
assignment and subletting, each and all of the terms, condi-
tions, and agreements herein contained shall be binding
upon and inure to the benefit of the heirs, executors, adminis-
trators, successors, and assigns of any and all of the parties
hereto; and all of the parties hereto shall=b� y_�nt]and— -
severally liable hereunder.
24. Captions.
The titles or headings to the Articles of this
Lease and the table of contents of this Lease are not a- __
part of this Lease, and shall have no effect upon the construction
or interpretation of any part hereof.
25. Time.
Time is of the essence of this Lease.
26. Gender and Number.
With respect to all words used herein, the
masculine, feminine or neuter gender, and the singular or
plural number shall each be deemed to include the others
wherever the context so indicates.
-35-
27. Savings Clause'.
in the event that any provision or provisions
of this Lease is, or'is hereafter adjudged to be, for any
reason invalid or unenforceable, the remaining provisions
of this Lease shall continue to exist and remain in full
force and effect.
-36-
1. Term.
The term of this Lease, sometimes hereafter called
the "Lease Term", shall be 50 years, commencing on July 1, 1968,
and expiring on June 30, 2018, unless sooner terminated as
provided below.
2. Rent.
2.1. Rent payable to and including June 30, 1993.
Lessor and Lessee hereby stipulate that on July 1, 1964,
the value of the Premises was $3.50 per square foot of land
area and $2.00 per square foot of water area. /The.annual rent
for the Premises shall be a sum equal to six percent (68) of
said value of the Premises on July 1, 1964, adjusted, however,
in direct proportion to any movement of the Consumers Price
Index above or below the Consumers Price Index figure for
July, 1964, which is hereby stipulated to be 109.9. The
Consumers Price Index referred to herein is the Consumers
Price Index (All Items) for Los Angeles, California, as compiled
and published by the United States Department of Labor, Bureau of
Labor Statistics (hereafter called the "Index"). The adjustment
for any.given year shall be made according to the following
formula:
6% of value of Premises X (annual rent for
on July 1, 1964 = year in question)
109.9 (Index figure Average monthly index
for July, 1964) for year in question
The average monthly index is computed by adding- the,_
twelve monthly index numbers for the twelve month period begin-
ning April 1 of the prior year and ending March 31 of the year
in question and then dividing by twelve.
EXHIBIT A Page 1
The rent shall be adjusted once each year on July 1 and
will remain in effect, as adjusted, until July 1 of the follow-
ing year at which time it will be readjusted using the average
monthly index figure for the twelve month period ending
March 31 of that year.
If the United States Department of Labor, Bureau of Labor
Statistics, shall cease to compile and make public the Index
as now constituted, compiled, published, and issued monthly,
but shall substitute another index in its place, then said
substituted index shall be used for the purpose of adjusting
the rent for the leased premises. If, although the Index as
now constituted, compiled, published, and issued, continues
in force and effect, but a new consumer price index should be
devised by the Department of Labor, Bureau of Labor Statistics,
so as to apply to and include more specifically Lessor's City
and the premises located therein, then said devised index
shall be substituted and used for the purpose of adjusting the
rent.
The annual rent shall be paid in twelve equal monthly
installments. Each installment shall be due and payable in
advance on or before the first day of the month for which
payment is made.
2.2. Reduced Rent for Limited Period
Lessor and Lessee contemplate that improvements will be
constructed pursuant to the improvement program referred to
in that certain stipulation dated
and filed
in the Superior Court of the County of San Luis Obispo, State
of California, Action No. 31598. Until July 1, 1970, or until
said improvements are substantially completed, whichever shall
first occur, Lessee shall pay a reduced annual rent of
EXHIBIT A Page 2
in semi-annual installments due and payable in advance on
or before July 1 for the first installment and January 1 for
the second installment; provided, however, that notwithstanding
any provision herein contained Lessee shall pay the full,
unreduced rent on the Premises on and after July 1, 1970. For
purposes of this Lease, said improvements shall be deemed to
have been substantially completed if improvements described in
said stipulation have been constructed at a cost of not less
than One Hundred Seventy -Five Thousand Dollars ($175,000.00).
2.3. Option to Terminate
If said improvements described in said stipulation have
not been substantially completed prior to July 1, 1970, and pro-
vided that Lessee has not breached any provision or obligation
set forth in said stipulation, Lessee shall have an option
to terminate this Lease by giving Lessor notice in writing
of such termination not later than July 15, 1970.
2.4.. Appraisal of Premises in 1993 and Rent Payable
After Appraisal.
A reasonable time prior to July 1, 1993, an appraisal
shall be made of the fair market value of the premises on
March 31, 1993. The annual rent payable for the premises
during the year July 1, 1993, to June 30, 1994, shall be six
percent (6%) of the appraised value of the premises on March 31,
1993. Thereafter, the rent shall be adjusted once each year on
July 1, commencing with the year July 1, 1994. The adjustment
shall be made in direct proportion to any change in the Consumer
Price Index (All Items) for Los Angeles, California, above or
below the index figure for March, 1993
shall be used to adjust the rent:
Rent payable July 1, 1993
to June 30, 1994
Consumers Price Index
for March , 1993
The following formula
X (annual rent for
year in question)
Average monthly index
for year in question
The average monthly index shall be computed as set forth in
article 2.1 herein.
EXHIBIT A Page 3
The annual rent shall be paid in twelve equal monthly -
installments. Each installment shall be due and payable in
advance on or before the first day of the month for which pay-
-
ment is made. -
An appraiser shall be appointed by Lessor to appraise
the Premises to determine its value on March 31, 1993. Within
thirty days following written notice to Lessee of the appointment
by Lessor of such appraiser, Lessee shall have.a right to appoint
a second appraiser by serving upon Lessor written notice of
such appointment., If such written notice is not served upon
Lessor within thirty days the appraisal shall be made by the
appraiser appointed by Lessor and all expenses of the appraisal
shall be paid by Lessor. If such written notice is served upon
Lessor within thirty days the appraised value of the Premises
shall be agreed upon by the two appraisers so appointed, each
party to bear the expense of the appraiser appointed by him.
If the two appraisers are unable to agree, they shall appoint
a third appraiser, and the appraised value of the premises
shall be the value agreed upon by any two of said three
appraisers. If three appraisers are appointed, each party
shall bear the expense of the appraiser appointed by him, and
the parties shall share equally the expense of the third
appraiser.
3. Report of Gross Receipts.
3.1. Lessee shall furnish Lessor with quarterly
statements to be certified as correct by Lessee which set forth
the gross sales of each separate business of Lessee, its agents,
sublessees, concessionaires, or licensees operating on the
Premises for the quarter just concluded. The statement shall
be furnished within twenty (20) days after the conclusion of
each quarter; the quarters shall conclude March 31, June 30,
September 30, and December 31, of each year.
EXHIBIT A Page 4
3.2. Definition of -"Gross Sales"
The term "Gross Sales", as used herein, shall include
(a) The sale or lease price of all goods, wares,
merchandise or products sold or leased on or from the Premises,
whether sold or leased by Lessee; its agents, sublessees,
concessionaires or licensees., or whether for cash or on
credit, and in case of sales on credit, whether payment is
actually made or not.
(b) The charges made by Lessee, its agents,
sublessees, concessionaires or licensees for the sale, lease
or other rendition on or from the Premises of services of
any nature or kind whatsoever, whether for cash or on credit
and if on credit, whether payment is actually made or not.
(c) All admission, entry and other fees of any
nature or kind charged on the.Pre se�see, its agents,
sublessees, concessionaires or licensees.
(d) All gross income of Lessee, its agents,
sublessees, concessionaires or licensees from any operations
in, at, upon or from the Premises which are neither included
in nor excluded from gross sales by other provisions of this
Lease.
(e) All non-refundable deposits received by Lessee,
its agents, sublessees, concessionaires or licensees in
connection with -any -transaction in, at, upon, or from the
Premises. - - -
(f) All amounts in excess of actual costs charged
by Lessee, its agents, sublessees, concessionaires or licensees
in providing laundry, dry cleaning or maid service to tenants
of residential units.
The term "gross sales" shall not include any sale or excise
taxes that are levied by any government or governmental agency
EXHIBIT A Page 5.
•
and that are paid by the consumer
The term "gross sales"
shall not include any charges made by Lessee to any of its
sublessees, concessionaires or licensees as and for advertising
allowance, advertising, publicizing of sales, services or
products, or for utilities, maintenance, upkeep and repairs;
provided, however, there shall be included within the term
"gross sales" all amounts received by Lessee for the rental
of or the license to use the Premises or any portion thereof
to sublessees, concessionaires or licensees upon which no
business activity resulting in gross sales as defined above
is conducted.
3.3. Maintenance of Records.
Lessee shall keep or cause to be kept,.full, complete
and proper books, records and accounts of the gross sales, both
for cash and on credit, of each separate business of Lessee,
its agents, sublessees, concessionaires, or.licensees, at any
time operated on the premises; said books records and accounts,
including any sales tax reports that Lessee, its agents, sub-
lessees, concessionaires, or licensees may be required to
furnish to any government or governmental agency, shall at
all reasonable times during business hours be open to the
inspection of Lessor, Lessor's auditor or other authorized
representative or agent.
EXHIBIT A Page 6
ATTORNEY - CLIENT RETAINER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This agreement executed this 6th day of February, 1961
by and between ALLAN P. MURPHY, Attorney at Law, 232 Madison Street,
Monterey, California,'hereinafter referred to as "Attorney", and the
undersigned owners of property or property rights at Morro Bay,
California, hereinafter referred to as "Clients" or Property Owners".
(1) ''The clients herewith retain said ALLAN P. MURPHY as
their Attorney at Law to represent them in any nego-
tiations or. actions at law to enforce, prove, and/or
:i' '.,;'. quiet title to any and all property rights they might
have or hereafter acquire to certain properties fronting
on, or adjoining the county road idendified as the
Embarcadero, in the town of Morro Bay, California. Said
..',' '•; properties are contained within the State Tide Land Surveys
--numbers 10 and 14, and as said property or property
rights extend to the Ordinary Low Water Mark of Morro
Bay as said Low Water Mark last existed in nature.
"(2) '.Attorney accepts said employment and agrees to take
"such steps as are reasonably advisable to enforce Clients
,.:rights, except that no appeal need by taken without the
--- --•- consent of both parties.
(3) Costs shall be advanced by Clients and the amount thereof
shall be deducted from Attorney's fee due from any reco- .
very or settlement. Said costs are to be borne by each
'.individual property owner in proportion to the amount
that his or her property interest(s) bear to the total
property recovered or recoverable, in accordance with a
" = schedule to be agreed upon between each of the clients
or property owners. Attorney acknowledges receipt of
$250.00 costs advanced on January 91.1961; and such
additional costs as are necessary will be advanced "
when requested by Attorney.:`
• `�EXHIB�T .,,.A,,, •
i (4)
Attorney shall receive as a fee one fourth or 25% of "
-- - - all.property rights or lands recovered on and after
the date of this agreement whether said recovery or
settlement be by negotiation or by action at law.
In any proposed negotiated settlement or litigation
settlement, Attorney shall be authorized to settle
any and all claims upon the consent and approval of
a majority of the property owners (clients.) In this
connection, each property concerned, regardless of size,,'•
'shall constitute one vote.
:' •; (5)'.:.
Said 25% fee referred to in paragraph (4) above shall;
a)' consist of a specifically described parcel of land
representing one fourth of each property recovered,
+
..as evidenced by a Grant Deed in favor of Attorney; or
b) consist of one fourth,of the market value of said
;. .'
lands recovered, measured in dollars, as determined by
a competent appraisal in the manner set out hereinafter
r `•'`'' '• ''.:'in
paragraph (6) . In the event client(s) shall elect
.to pay the fee as provided herein, then•said payment shall
be made within sixty (60) days after final settlement or
judgment is obtained in the matter herein concerned.
(6)
When, the premises are to be appraised as referred to in.
"'•:i ..j
paragraph (5) hereof, the client (s) shall have such
=+
appraisal made by someone competent to make such an
.appraisal, and the amount oflthe appraisal shall be
+
:rendered in writing to Attorney. If after receipt
thereof, Attorney shall dispute the appraised value,
t ` ` :'•, ;'.... '. ` •
as determined by Clients appraiser, then and in that
i .;event,
Attorney shall employ his own appraiser to make an
appraisal and to meet with Clients appraiser to reach
•�
a conclusion satisfactory to Client and Attorney. If
I
said two appraisers shall fail to reach a decision they
j .
shall name a third appraiser to review the determinations
:of value previously arrived at. The decision of any two
of said. appraisers shall thereafter be rendered in wri-;:.':
i
ting to Client and Attorney and shall be final and .
'
.:binding on.the parties.'
IN WITNESS WHEREOFt the parties hereto have executed this
Agreement on the day and year indicated after their respective
signatures'.
ALLAN P.,MURPHY,
Attorney At Law, 2/6/61
• • CLIENT'.
..
"DATE `'.
PROPERTY FRONT FOOTAGE : "•
11!
I'
1
\.
1
.3
1
RESOLUTION NO. 17-68
RESOLUTION REQUESTING LEGISLATIVE CONSIDERATION
OF A CHANGE IN THE ALLOCATION OF CIGARETTE TAX
FUNDS TO CITIES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, State cigarette tax allocations to cities are
distributed on a formula based on taxable sales; and
WHEREAS, the use of taxable sales as a basis for said
allocations produces disparities in that cities with a large
population and few sales receive very little revenue, while
other cities with large amounts of taxable sales, but with less
population, receive a disproportionate share of the cigarette
tax allocations; and
WHEREAS, the League of California Cities has recommended
that a formula based on one-half taxable sales and one-half
population would be an equitable solution to the allocation of
cigarette tax funds, the following resolution is hereby proposed:
RESOLVED by the Morro Bay City Council that this city hereby
extends its full support for legislation to change the current
formula for distribution of cigarette tax revenues from the basis
of taxable sales to the basis of one-half taxable sales and one-
half population; and
BE IT FURTHER RESOLVED that the City Administrator be and
is hereby authorized and directed to forward a copy of this reso-
lution to Senator Donald Grunsky and Assemblyman William Ketchum
and to appropriate committees of the California Legislature.
On motion by Councilman Mallery and seconded by Councilman
Bickford , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety by the following roll call
vote:
AYES: Councilmen Bickford, Bowen, Mallery & Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: March 12, 1968
ATTEST:
n, U-3i,
C. TED WHITE, City Clerk
RESOLUTION NO. 16-68
RESOLUTION REQUESTING CALIFORNIA STATE BOARD OF
EQUALIZATION TO PERMIT EXAMINATION BY DULY
AUTHORIZED OFFICER OR EMPLOYEE OF THE CITY OF
MORRO BAY OF THE SALES AND USE TAX RECORDS
PERTAINING TO SALES AND USE TAXES COLLECTED FOR
THE CITY OF MORRO BAY, CALIFORNIA
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, Paragraph 2 of Section 7056 of the California
Revenue and Taxation Code provides the following:
"When requested by resolution of the legislative body
of any county, city and county or city, the board shall
permit any duly authorized officer or employee of such
county, city and county, or city, to examine all of the
sales and use tax records of the board pertaining to
sales and use taxes collected for the county, city and
county or city by the board pursuant to contract entered
into between the board and the county, city and county
or city under the Bradley -Burns Uniform Local Sales and
Use Tax Law (Part 1.5, commencing with Section 7200,
of Division 2 of the Revenue and Taxation Code). Infor-
mation obtained by examination of board records as herein
permitted shall be used only for purposes related to
the collection of local sales and use taxes by the board
pursuant to the contract."
RESOLVED, that the -Morro Bay City Council requests that
the California State Board of Equalization permit C. Ted White,
the City Administrator and City Clerk of the City of Morro Bay,
California, and/or any other officer or employee of the City of
Morro Bay designated by the Mayor of Morro Bay, J.S. Surfluh, to
examine subject and pursuant to said §7056 all of the sales and
use tax records of the Board of Equalization pertaining to sales
and use taxes collected for the City of Morro Bay under the Bradley -
Burns Uniform Local Sales and Use Tax Law.
On motion of Councilman Bickford and seconded by
Councilman Bowen , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the following
roll call vote:
RESOLUTION NO. 16-68
PAGE TWO
AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: February 27, 1968
J. S. SURFPH, Mayor
ATTEST:
C. TED WHITE, City C�`
CERTIFICATION
It is hereby certified that the foregoing is a
true and correct copy of Resolution No. 16-68
passed by the City Council of the City of Morro
Bay at a regular meeting thereof held on the
12th day of March, 1968.
DATED:
C. TED WHITE, City Clerk
City of Morro Bay, Calif.
By
Deputy City Clerk
RESOLUTION NO. 15-68
RESOLUTION ADOPTING A BUDGET CALENDAR
1968-69 FISCAL YEAR
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the Morro Bay City Council will meet in regu-
lar and special sessions to consider the matter of adopting a
budget for the fiscal year 1968-69 on the dates, or within the
periods, as set forth on the attached "Budget Calendar" marked
Exhibit W ; and
BE IT FURTHER RESOLVED that the aforementioned "Budget Calendar"
may be amended as to the dates as circumstances require by giving
notice of such change in the time and manner as prescribed by law.
On motion by Councilman Mallery and seconded by
Councilman Bickford , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety by the following
roll call vote:
AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: February 13, 1968
S. SURFLUH, ayor
ATTEST:
�Clerk
' /
C. TED WHITE, City CTer
CITY OF MORRO BAY
BUDGET CALENDAR
1968-69 Fiscal Year
PERIOD ACTIVITY
April 16 City staff submits salary recommendations to
City Council
April 16 - 30 City Council conferences on salary
recommendations
April 16 Submit estimates of assessed valuations and
revenues for next fiscal year
April
16
Submit preliminary budget for Council con-
sideration. Set dates for budget conferences.
April
16-May 14
City Council budget conferences
May
14
City Council action on salary proposal
May
28
Public hearing and consideration of budget
June
11
Adopt final budget and appropriation ordinance
June
25 - 30
Compile final budget for duplication
July
15 - 31
Receive certification of assessed valuations
August
13
Adopt tax levy
August
13 - 31
Complete and print final budget
If a meeting is to be held on any date not scheduled as a regular
meeting date, said meeting will be held on the date and at the time
as specified by public notice.
EXHIBIT 'A'
RESOLUTION NO. 15-65
0 1
RESOLUTION NO. 14-68
RESOLUTION SETTING DATE AND TIME FOR PUBLIC
HEARING ON THE ADOPTION OF THE CAPITAL
IMPROVEMENT ELEMENT OF THE CITY GENERAL PLAN
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay
did, on January 16, 1968, conduct a public hearing to consider
the adoption of the Capital Improvement Element of the City General
Plan in conformance with Section 65351 of the Government Code of
the State of California; and
WHEREAS, said Planning Commission did, by the adoption of
Planning Commission Resolution No. 1-68, adopt said element and
recommended to the City Council that the Capital Improvement
Element be approved and adopted as a portion of the General Plan
for the City of Morro Bay; the following resolution is hereby pro-
posed:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council,
in conformance with Section 65355 of the Government Code of the State
of California, will hold a public hearing at 7:30 P.M. on Tuesday,
March 12, 1968, at the Morro Bay Recreation Hall, Shasta Avenue and
Dunes Street, Morro Bay, California, to consider the adoption of the
Capital Improvement Element of the City General Plan, at which said
public hearing any person interested may appear and express his views
for or against the adoption of the aforementioned element of the
General Plan; 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.
On motion by Councilman Bickford and seconded by Councilman
Bowen, the Morro Bay City Council hereby adopts the foregoing proposed
resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: February 13, 1968
SURFLW,,/ Mayor p"d
I��
ATTEST:
C. TED WHITE, City Clerk
•
RESOLUTION NO. 14-68
RESOLUTION ACCEPTING RECOMMENDATION
OF CITY PLANNING COMMISSION AND ADOPTING
THE CAPITAL IMPROVEMENT ELEMENT OF THE CITY GENERAL PLAN
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay
did, on January 16, 1968, conduct a public hearing to consider the
adoption of the Capital Improvement Element of the City General
Plan in conformance with Section 65351 of the Government Code of
the State of California; and
WHEREAS, said Planning Commission did, by the adoption of
Planning Commission Resolution No. 1-68, adopt said Element and
recommended to the City Council that the Capital Improvement Ele-
ment be approved and adopted as a portion of the General Plan for
the City of Morro Bay; the following resolution is hereby proposed:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council,
in conformance with Section 65355 of the Government Code of the State
of California, will hold a public hearing at 7:30 P.M. on Tuesday,
March 12, 1968, at the Morro Bay Recreation Hall, Shasta Avenue and
Dunes Street, Morro Bay, California, to consider the adoption of the
Capital Improvement Element of the City General Plan, at which said
public hearing any person interested may appear and express his views
for or against the adoption of the aforementioned element of the
General Plan; 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.
On motion by Councilman Bickford and seconded by Councilman
Bowen , the Morro Bay City Counoi�ereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Malleiy and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: February 13, 1968
S. SURFLUH, ayor
ta{VWQ** F
C. TED WHITE, City Clerk
RESOLUTION NO. 13-68
RESOLUTION OF INTENTION TO HOLD A PUBLIC
HEARING ON THE VACATION OF PORTIONS OF
VARIOUS CITY STREETS
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City Council of the City of Morro Bay
will consider the vacation, pursuant to the Street Vacation Act
of 1941, of Oak Street, a portion of Palm Avenue and a portion
of South Street as shown on the map marked Exhibit "A" which is
attached hereto and by reference made a part hereof; and
BE IT FURTHER RESOLVED that the Morro Bay City Council
will hold a public hearing on Tuesday, March 12, 1968, at 7:30
P.M. in the Morro Bay Recreation Hall, Shasta Avenue and Dunes
Street, to consider the matter of vacation of said street and
portions of streets; and at the time of said public hearing, any
person interested in or objecting to said street vacation may
appear and express his views for or against or in modification
of said proposed street vacation; and
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
directed to cause a Notice of Public Hearing to be published one
(1) time in a newspaper of general circulation within the City of
Morro Bay within fifteen (15) days from the date of the adoption
of this resolution, and to post said Notice of Public Hearing
along the line of said streets at intervals of 300 feet or less
at least ten (10) days before the date set for said hearing.
On motion by Councilman Mallery and seconded by Councilman
Bickford, the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Keiser
ADOPTED: February 13, 1968
ATTEST:
C. TED WHITE, City Clerk
Q-212e,-1'
,T ' S . SU LUH� ayor
RESOLUTION NO.
12-68
RESOLUTION ACCEPTING DEED FROM FEREEp JESSIE L. PIERCE
S. S. PROJECT NO. JJ
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the City of Morro Bay does hereby accept a
Grant Deed from Feree and Jessie L. Pierce, husband and wife, as
joint tenants, for all that real property described in said Deed,
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 execute a Certificate of Acceptance
and Consent to Recordation for the aforementioned real property
on behalf of 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 City Clerk be and is
hereby authorized and directed to record said Deed and Certificate
of Acceptance, together with a copy of this resolution, in the
Office of the Recorder of the County of San Luis Obispo.
On motion by Councilman Bickford and seconded by
Councilman Bowen , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety by the following
roll call vote:
AYES: Councilmen Bickford,
NOES: None
ABSENT: None
ADOPTED : January 23, 1968
ATTEST:
0 ��
C. TED WHITE, City Clerk�
Bowen, Keiser, Mallery &'Mayor Surfluh
J. S RFLUH, M9yor
Recording Requested By
And When Recorded
Mail To:
C,' Ted White '
City. Administrator
595'Hirbor::'Street
MorrolBay; ;California -';I 93442
Affix Documentary Stamps None In This Space
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, FEREE PIERCE and JESSIE L. PIERCE, husband. and
wife, as joint tenants, hereby GRANT to the CITY OF MORRO BAY, a
Municipal Corporation, the following described real property in the
County of San Luis Obispo, State of California:
That portion of Lot 8 of the Rancho San Bernardo, County
of San Luis Obispo, State of California, as shown on the
map prepared by R. R. Harris on file in Book 1 of Maps
at Page 32 in the office of the County Recorder of said
County described as follows:
Dated:
Beginning at the Northerly corner of the property described
in a deed to the State of California recorded in Volume 937
at Page 554, Official Records of said County; thence along
the Easterly line of property so described South 56° 08' 54"
East 59. 24 feet; to a tangent curve having a radius of 450
feet, and being concave Southwesterly; thence along said
curve a distance of 9. 40 feet, through a central angle of 1°
11' 47"; thence leaving said Easterly line North 38° 57' 22"
West 78. 57 feet to the Northerly line of property described
in a deed to Feree Pierce and Jessie L. Pierce recorded in
Volume 396 at Page 145, Official Records of said County;
thence along said Northerly line South 74° 58' 34" West 13. 19
feet to the Northwesterly corner of property so described;
thence South 150 01' 26" East 20. 05 feet along the Westerly
line of property so described to the point of beginning, and
containing 923 square feet more or less.
-1-
STATE OF CALIFORNIA
SS,
COUNTY OF SAN LUIS OBISPO
On before me, the undersigned, a Notary
Public in and for said a e, personally appeared FEREE PIERCE
and JESSIE L. PIERCE, known to me to be the persons whose names
are subscribed to. the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
Signature
d
a
—2—
00
•*
RESOLUTION NO. 11-68
RESOLUTION APPROVING AGREEMENT AND GRANT OF
REAL PROPERTY BY AND BETWEEN FEREE AND JESSIE
L. PIERCE AND THE CITY OF MORRO BAY
( S. S. PROJECT NO. 28)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that that certain Agreement by and between
Feree and Jessie L. Pierce and the City of Morro Bay, 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 agreement for and on behalf of the City
of Morro Bay.
On motion by Councilman Bowen and seconded by
Councilman Keiser , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety by the
following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: January 23, 1968
ATTEST:
S. SURFLUH, M2yor
C. TED WHITE, City ClerW—
CERTIFICATION
I hereby certify that the foregoing resolution
was duly and regularly adopted by the Morro Bay
City Council at a regular meeting thereof held
on the 23rd day of January, 1968.
DATED:
C. TED WHITE, City Clerk
City of Morro Bay, California
AGREEMENT
This Agreement, made and entered into this 23rd day of
January, 1968, by and between Feree and Jessie L. Pierce, husband
and wife, as joint tenants, hereinafter termed "Grantor" and the
City of Morro Bay, hereinafter termed "City
W I T N E S S E T H:
WHEREAS, City desires to acquire certain real property.from
Grantor for the purpose of constructing a street; and
WHEREAS, Grantor desires.to have curb, gutter and sidewalk
installed across the frontage of their property;
NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth, it is mutually agreed by and between the
Grantor and the City that:
1. Grantor agrees to grant to the City fee title to that
property described as follows:
That portion of Lot 8 of the Rancho San Bernardo,
County of San Luis Obispo, State of California,
as shown on the map prepared by R. R. Harris on
file in Book 1 of Maps at Page 32 in the office
of the County Recorder of said County described
as follows:
Beginning at the Northerly corner of the property
described in a deed to the State of California
recorded in Volume 937 at Page 554, Official Records
of said County; thence along the Easterly line of
.property so described South 56108'54" East 59.24
feet to a tangent curve having a radius of 450 feet
and being concave Southwesterly; thence along said
curve a distance of 9.40 feet, through a central
angle of 1°11147"; thence leaving said Easterly
line North 38157'22" West 78.57 feet to the Northerly
line of property described in a deed to Feree Pierce
and Jessie L. Pierce recorded in Volume 396 at Page
14.5, Official Records of said County; thence along
said Northerly line South 74058134" West 13.19 feet
to the Northwesterly corner of property so described;
thence South 15001'26" East 20.05 feet along the
Westerly line of property so described to the point
of beginning, and containing 923 square feet more or
less.
I-
00
0
2. City agrees to install curb, gutter and sidewalk
across the entire frontage owned by Grantor at this location
(approximately 120 lineal feet) at no expense to the Grantor.
3. Grantor agrees to permit City to enter Grantor's
property for the purpose of constructing a street.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day'and year first above written.
FEREE PIERCE, Grantor Date
JESSIE L. PIERCE, Grantor Date
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On , before me, the undersigned,
a Notary Public in and for said State, personally appeared Feree
Pierce and Jessie L. Pierce, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged
that they executed the same.
WITNESS my hand and official seal.
DATE:
ATTEST:
C. TED WHITE, City Clerk
CITY OF MORRO BAY
By:
J. S.. SURFLUH, Mayor
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed
by the Grant Deed dated January 24, 1968 from FEREE
PIERCE and JESSIE L. PIERCE, husband and wife, as joint tenants, to
the CITY OF MORRO BAY, a Political Corporation is hereby accepted
by order of the City Council of the CITY OF MORRO BAY on January 23,
1968, and the Grantee consents to recordation thereof by its duly author-
ized officer.
Dated: / — Z c" 6 1K
ATTEST:
ZT1ED)i RITE, Cit2A=�
y Clerk
CITY OF MORRO BAY
By: 4a1�
Mayor
00
00
RESOLUTION NO. 10-68
A RESOLUTION CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION, APRIL
9, 1968
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, under the provisions of the laws relating to
General Law Cities in the State of California, a regular general
municipal election shall be held on the 9th day of April, 1968,
for the election of two (2) members of the City Council of the -
City of Morro Bay for the full term of four (4) years:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities within
said State, there shall be, and there is hereby called and ordered,
held in the City of Morro Bay, County of San Luis Obispo, State of
California, on Tuesday, April 9, 1968, a regular general municipal
election of the qualified electors of said City for the purpose of
electing two (2) members of the City Council of said City for the
full term of four (4) years.
SECTION 2. That the ballots to be used at said election
shall be, both as to form and matter contained therein, such as may
be required by law to be used thereat.
SECTION 3. That the City Clerk of said City is hereby
authorized, instructed and directed to procure and furnish any and
all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to pro-
perly and lawfully conduct said election.
SECTION 4. That for the purpose of holding said regular
general municipal election, there shall be and are hereby established
six (6) voting precincts consisting of consolidations of the regular
election precincts in the City of Morro Bay established for the
holding of state and county elections, as said regular election pre-
cincts exist on the date of adoption of this resolution. That the
polling places for the respective precincts shall be the places
hereinafter designated; and that the persons hereinafter named, being
competent and qualified electors and residents of said City and of
their respective voting precincts, are hereby appointed officers of
election for their respective voting precincts and they shall hold
said election and make return thereof in the manner provided by law.
Voting Precinct 1, comprising regular election precincts 1,
2, 3 and 4.
Polling Place: Morro Del Mar Elementary School
501 Sequoia
Inspector: Evelyn Whitlock
Judge: Mary Lou Wilber
Judge: LaVerne E. Heffner
Judge: Myrtle J. Cain
RESOLUTION NO. 10-68
PAGE TWO
Voting Precinct 2, comprising regular election precincts
5 and 6.
Polling Place: Fire Station No. 2, 460 Bonita Avenue
Inspector: Margaret Ione Soderberg
Judge: John I. McNeely
Judge: Margaret E. Casson
Judge: Opal Irene Lohman
Voting Precinct 3, comprising regular election precincts
7, 8 and 9.
Polling Place: Veterans Memorial Bldg., 75 Surf Street
Inspector: Louise E. Gannon
Judge: Ethel P. Birkhead
Judge: Louella J. McNair
Judge: Muriel Joy Broman
Voting Precinct 4, comprising regular election precincts
10, 11 and 12.
Polling Place: Veterans Memorial Bldg., 75 Surf Street
Inspector: L. Georgia Thorndyke
Judge: Anna C. Tomasovich
Judge: Evelyn A. Brown -
Judge: Lilah Marian Muellich
Voting Precinct 5, comprising regular election precincts
13, 14 and 15.
Polling Place: Morro Bay Recreation Hall
Shasta Avenue and Dunes Street
Inspector: Lyle Earl Moore
Judge: Donna Martignoni
Judge: Wanda P. Little
Judge: Billie Jean Goodrich
00
00
RESOLUTION NO. 10-68
PAGE THREE
Voting Precinct 6, comprising regular election precincts
16 and 17.
Polling Place: Morro Bay Recreation Hall
Shasta Avenue and Dunes Street
Inspector: Verlie A. Webber
Judge: Grace A. Webber
Judge: Grace V. Hedges
Judge: Esther Schwarzenbach
SECTION 5. That the compensation of the persons herein -
before named as election officers is hereby fixed at the sum of
Twenty Dollars ($20.00) for each Inspector and Eighteen Dollars
($18.00) for each Judge for said election.
SECTION 6. That the polls for said election shall be open
at seven o'clock A.M. of the day of said election and shall remain
open continuously from said time until seven o'clock P.M. of the
same day when said polls shall be closed, except as provided in
Section 14436 of the Elections Code of the State of California.
SECTION 7. That in all particulars not recited in this
resolution, said election shall be held and conducted as provided
by law for holding municipal elections in said City.
SECTION 8. That notice of the time and place of holding
said election is hereby given and the City Clerk is hereby authorized,
instructed and directed to give such further or additional notice of
said election in the time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book of
original resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at which
the same is passed and adopted.
SECTION 10. That this resolution shall take effect immedi-
ately.
On motion by Councilman Bickford and seconded by Council-
man Surfluh , the City Council of t e City of Morro Bay hereby
adopts in its entirety the foregoing proposed resolution on the
following roll call vote:
RESOLUTION NO. 10-68
PAGE FDUR
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED January 23, 1968
ATTEST:
==L2V/l9
C. TED WHITE, City Clerkc��
3.I S. SURFLUV Mayor
CERTIFICATION
It is hereby certified that the foregoing is a true
and correct copy of Resolution No. 10-68 passed
by the Morro Bay City Council at a regular meeting
thereof held on the 23rd day of January, 1968.
DATED:
C. TED WHITE, City Clerk
City of Morro Bay, California
By: (Mrs.) Daisy M. Schacht
Deputy City Clerk
RESOLUTION NO. 9-68
RESOLUTION REQUESTING THE ATOMIC ENERGY COMMISSION
TO GRANT PACIFIC GAS AND ELECTRIC COMPANY A CONSTRUCTION
PERMIT FOR A NUCLEAR POWER PLANT IN SAN LUIS OBISPO COUNTY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a site for a nuclear power plant has been selected
near Diablo Canyon within San Luis Obispo County by Pacific Gas and
Electric Company; and
WHEREAS, the Diablo Canyon site has .been studied and approved
by responsible agencies of the State of California, and by prominent
conservation organizations; and
WHEREAS, Pacific Gas and Electric Company has demonstrated
engineering skill and responsible action in the development of both
conventional and nuclear generating facilities throughout California;
and
WHEREAS, Pacific Gas and Electric Company has received an
Interim Certificate of Public Convenience and Necessity from the
California Public Utility Commission dated November 7, 1967,
authorizing the construction, operation and maintenance of a nuclear -
fueled power plant at Diablo Canyon; and
WHEREAS, the Morro Bay City Council firmly believes that the
development of California and nuclear generating facilities must
proceed together to guarantee the preservation of a favorable eco-
nomic climate, together with a better environment, and that the
granting of a construction permit to Pacific Gas and Electric Company
to construct a nuclear power plant at Diablo Canyon will serve this
purpose:
NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council
requests the Atomic Energy Commission to grant Pacific Gas and
Electric Company the required permits to construct a nuclear -powered
generating facility at Diablo Canyon; and
BE IT FURTHER RESOLVED by the Morro Bay City Council that the
Chairman of the San Luis Obispo County Board of Supervisors is hereby
authorized to present this Resolution to the Atomic Energy Commission
on our behalf.
On motion by Councilman Mallery and seconded by Council-
man Keiser , the Morro Bay City Council hereby adopts the fore-
going proms resolution in its entirety by the following roll call
vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: January 23, 1968
RESOLUTION NO.
PAGE TWO
01
S. SURFLUH,,�Mayor
ATTEST:
0. Q blu'
C. TED WHITE, City Clerk
CERTIFICATION
I hereby certify that the foregoing is a
correct copy of Resolution No. 9-68
adopted by the Morro Bay City Council at
meeting thereof held on the 23rd day of
DATED:
true and
passed and
�a regular
January, 1968.
C. TED WHITE, City Clerk
City of Morro Bay, California
••
0
RESOLUTION NO. 8-68
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR INSTALLING WATER WELL ON CITY
PROPERTY ( ROMERO WELL, NO. 11)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Water Well Supply Company was awarded a contract
for installing a water well on city property; and
WHEREAS, the Director of Public Works, having certified that
the work of installing said water well has been completed in
accordance with the provisions of the contract, the following
resolution is hereby proposed:
RESOLVED that said work is accepted as completed on the 12th
day of January, 1968, and the City Clerk is hereby directed to
record a Notice of Completion in the Office of the Recorder of the
County of San Luis Obispo..
On motion by Councilman Bickford and seconded by Council-
man Bowen ` , the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety by the following roll call
vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: January 23, 1968
2:2- , . -4 Z__0' . 4��
./ S. SURFLUH, Ma&br
ATTEST:
C. TED WHITE, City Clerk
••
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 of installing a water well on city property
(Romero Well, No. 11) has been completed by Water Well Supply
Company, and said work was accepted as completed on January
12, 1968, by the Morro Bay City Council by the adoption of
Resolution No. 8-68 dated January 23, 1968.
C. TED WHITE, City Clerk
City of Morro Bay
County of San Luis Obispo
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 24th day of
January, 1968.
C. TED WHITE, City Clerk
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of
installing a water well on city property (Romero Well, No.
11), has been inspected and found to comply with the approved
plans and specifications.
It is, therefore, recommended that the work be
accepted by the Morro Bay City Council as completed and that
the City Clerk be authorized to file a Notice of Completion.
DATED:
J, SPELLACY
Dire' or of Pub is Works
City of Morro ay, California
00
00
RESOLUTION NO. 7-68
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR REPLACEMENT OF SEWER AND WATER
MAINS ACROSS MORRO CREEK (BID NO. 6-67-C)
T H E C I T Y. C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on August 22, 1967,
by the adoption of Resolution No. 89-67, award a contract for the
replacement of sewer and water mains across Morro Creek, Bid No.
6-67-C, to W. M. Lyles Company; and
WHEREAS, the Director of Public Works, having certified that
said work has been completed in accordance with the provisions of
the contract, the following resolution is hereby proposed:
RESOLVED that said work is accepted as completed on the 24th
day of December, 1967, and the City Clerk is hereby directed to
record a Notice of Completion in the Office of the Recorder of the
County of San Luis Obispo.
On motion by Councilman Bickford and seconded by Councilman
Keiser , the Morro Bay Cityity C�1 hereby adopts the fore-
goi g resolution in its entirety by the following roll call vote:
AYES: Councilmen Bickford, Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: None
ADOPTED: January 23, 1968
ATTEST:
C. ED WHITE,'City Clerk
f j
J,'S. SURFLUH, M�iyor
G' L
��
00
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of re-
placing the sewer and water mains across Morro Creek, Bid No.
6-67-C, by W. M. Lyles Company, has been inspected and found
to comply with the approved plans and specifications.
It is therefore recommended that the work be accepted
by the Morro Bay City Council as completed and that the City
Clerk be authorized to file a Notice of Completion.
DATED: /,Z- ;0f-6 ;7
U ./ " • t J.aLLA l
Direcof Public Works
Ciky of Morro Bay, California
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 of replacing the sewer and water mains across Morro Creek in
the City of Morro Bay, Bid No. 6-67-C, has been completed by W. M.
Lyles Company, and said work was accepted as completed on December
24, 1967, by the Morro Bay City Council by the adoption of Reso-
lution No. 7-68 dated January 23, 1968.
C. TED WHITE, City Clerk
City of Morro Bay
County of San Luis Obispo
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.
1968.
I declare the foregoing to be true under penalty of perjury.
Executed at Morro Bay, California, this 24th day of January,
0. � 4J(
C. TED WHITE, City Clerk
r�
0
RESOLUTION NO. 6-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO
BAY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN LUIS OBISPO TO PERMIT THE COUNTY CLERK OF SAID
COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF
MORRO BAY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 1968
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a General Municipal Election is to be held in the
City of Morro Bay on April 9, 1968; and
WHEREAS, in the course of conduct of said election and in
relation thereto it will be necessary to mail sample ballots and
polling place cards to the registered voters of the City, and it
will facilitate such mailing if the County Clerk of the County of
San Luis Obispo will prepare and furnish the City the imprinting
of the names and addresses of the registered voters of said City
on envelopes furnished by the City; and
WHEREAS, all necessary expense in performing this service
shall be paid by the City of Morro Bay:
NOW, THEREFORE, The City Council of the City of Morro Bay
does hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That pursuant to the provisions of Section
22003 of the Elections Code of the State of California, this City
Council hereby requests the Board of Supervisors of said County to
permit the County Clerk to prepare and furnish to said City, for
use in conducting said election to be held on April 9, 1968, the
imprinting of the names and addresses of the registered voters of
said City, on envelopes furnished by the City.
SECTION 2. That said City shall reimburse said County
for services performed when the work is completed and upon presen-
tation to the City of a properly approved bill.
SECTION 3. That the City Clerk is hereby directed to
forward without delay to said Board of Supervisors and to said
County Clerk each a certified copy of this resolution.
On motion by Councilman Keiser and seconded by Council-
man Bowen , the Morro Bay City Councir hereby adopts the fore-
going proposed resolution in its entirety by the following roll call
vote:
AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Bickford
ADOPTED: January 9, 1968
J./S. SURFLUH, Mi or
ATTEST:
C. TED WHITE, City Clerk
a •
RESOLUTION NO. 5-68
RESOLUTION APPROVING EASEMENT BY AND BETWEEN
GERTRUDE R. MARTIN AND THE CITY OF MORRO BAY
(SELECT SYSTEM PROJECT NO. 28)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that that certain document entitled '!Easement" by
and between Gertrude R. Martin and the City of Morro Bay for drain-
age purposes over, across, under and upon that property situate in
the State of California, County of San Luis Obispo, City of Morro
Bay according to the map of Harbor Front Unit No. 1, filed for
record December 22, 1930, in Volume 5 of Maps at Page 18 in the
Office of the County Recorder of said County, and more particularly
described as follows:
Beginning at the southeast corner of Lot 27 in Block
17, as shown on said map, thence North 170 00' East
95.80 feet along the easterly line of said lot to
the northeast corner thereof; thence North 731 00'
West 5.00 feet along the northerly line of said lot;
thence South 17° 00' West parallel with and distant
5.00 feet from said easterly line, 95.80 feet to the
southerly line of said lot; thence South 73° 00' East
5.00 feet to the point of beginning
is hereby approved by the Morro Bay City Council and the Mayor be and
is hereby authorized and directed to sign said Easement for and on
behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
authorized and directed to pay Gertrude R. Martin the sum of Ninety-
five Dollars and eighty cents ($95.80) as consideration for the
granting of said Easement; and
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
authorized and directed to record said Easement, together with a copy
of this resolution, in the Office of the Recorder of the County of
San Luis Obispo.
On motion by Councilman Keiser and seconded by
Councilman Bowen , the Morro Bay City Council hereby adopts the
foregoing proposed resolution inits entirety on the following roll call
vote:
AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Bickford
ADOPTED: January 9, 1968
i S. SURFLUH Mayor
ATTEST:
0. ��hc__o )JQ
C. TED WHITE, CITY CLERK
CONSIDERATION LESS THAN $100.00
EASEMENT
This DEED is made between Gertrude R. Martin, an un-
married woman, (Grantor) and the City of Morro Bay (Grantee).
WHEREAS, the Grantor is the owner in fee simple of the
real property located in the City of Morro Bay, California,
more particularly described as follows:
Lot 27 in Block 17 of Harbor Front Unit No. 1, in
the City of Morro Bay, County of San Luis Obispo,
State of California, according to map recorded
December 22, 1930 in Book 5, Page 18 of Maps, in
the Office of the County Recorder of said County;
AND WHEREAS', the Grantee is desirous of obtaining an ease-
ment across the real property of the Grantor for the purpose of
constructing, maintaining, repairing, replacing, and enlarging
drainage structure or structures;
AND WHEREAS, the Grantee agrees to save Grantor harmless
from any and all liability of any and every type arising out of
the Grantee's activities on said Easement;
AND WHEREAS, Grantor has agreed in further consideration
of Ninety-five Dollars and Eighty Cents ($95.80) paid by the
Grantee, to grant to the Grantee an easement for drainage purposes.
NOW, THEREFORE, this DEED witnesseth that for sufficient
consideration, the Grantor hereby grants unto the Grantee, its
successors and assigns, an Easement for drainage purposes over,
across, under and upon the property situate in the State of
California, County of San Luis Obispo, City of Morro Bay according
to the map of Harbor Front Unit No. 1, filed for record December
22, 1930, in Volume 5 of Maps at Page 18, in the Office of the
County Recorder of said County, and more particularly described
as follows:
Beginning at the southeast corner of Lot 27 in Block 17, as
shown on said map, thence North 17000' East 95.80 feet
along the easterly line of said lot to the northeast corner
thereof; thence North 7 3° 00' West 5. 00 feet along the
northerly line of said lot; thence South 17' 00' West
parallel with and distant 5.00 feet from said easterly
line, 95.80 feet to the southerly line of said lot; thence
South 73*00' East 5.00 feet to the point of beginning.
IN WITNESS WHEREOF, the parties hereto have executed
this Easement.
Dated:
STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
e+�:�rti���■:a■a�rr�rn�e�rs�
On before me, the undersigned, a Notary
Public in and for said State, personally appeared GERTRUDE R. MARTIN,
an unmarried woman, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that she executed
the same.
WITNESS my hand and official seal.
Signature
Dated:
ATTEST:
C. T D WHITE, City Clerk
Date
CITY OF MORRO BAY
By
J.S. SURFLUH, Mayor
F/ ..
RESOLUTION NO. 4-68
RESOLUTION APPROVING CERTIFICATE OF ACCEPTANCE FOR
EASEMENT FOR DRAINAGE PURPOSES (S. S. PROJECT NO. 28)
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that a Certificate of Acceptance for an easement
from GERTRUDE R. MARTIN to the CITY OF MORRO BAY is hereby approved
and the Mayor be and is hereby authorized and directed to sign said
Certificate for and on behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
authorized and directed to record said Certificate, together with a
copy of this resolution, in the Office of the Recorder of the County
of San Luis Obispo.
On motion by Councilman
Councilman Bowen
Keiser
and seconded by
the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety by the following roll
call vote:
AYES: Councilmen Bowen, Keiser, Mallery & Mayor Surfluh
NOES: None
ABSENT: Councilman Bickford
ADOPTED : January 9, 1968
ATTEST:
C. TED WHITE, City Clerk
S. SURFLUH, T
or
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property
conveyed by the Easement dated January 9, 1968 ,
from GERTRUDE R. MARTIN, an unmarried woman, to the
CITY OF MORRO BAY, a political corporation, is hereby accepted
by order of the City Council of the CITY OF MORRO BAY on
January 9, 1968, and the Grantee consents to recordation thereof
by its duly authorized officer.
CITY OF MORRO BAY
Dated: / — /D - CG y By i_,._�G'
r. V, Mayor
ATTEST:
C. 1ED WHITE, CityJer
RESOLUTION NO. 3-68
RESOLUTION REGARDING USE OF PUBLIC FACILITIES,
INSURANCE REQUIRED AND FORMULATION OF RULES AND REGULATIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay has certain public facilities
to include, but not limited to, buildings, streets, lands, beaches,
and water of Morro Bay Harbor which have been and will continue to
be used for community sponsored activities and special events; and
WHEREAS, requests may be made for use of said public facili-
ties by individuals or groups for community sponsored activities and
special events on a daily or continuing basis; and
WHEREAS, the interest of the City of Morro Bay must be assured
in regards to any use of said public facilities; the following reso-
lution is hereby proposed:
RESOLVED by the City Council of the City of Morro Bay:
(1) The City Clerk be and is hereby authorized and directed
to issue a Use Permit Agreement in the form approved by the City
Attorney for use of all public facilities for community sponsored
activities and special events; said facilities to include, but not be
limited to, the City Recreation Hall, City parks, streets, lands,
beaches, water of Morro Bay Harbor, and all other City buildings and
facilities.
(2) The aforementioned Use Permit Agreement shall require
that any individual or group shall (a) agree to indemnify and save
the City harmless from all liability, loss, cost and obligation on
account of or arising out of any injury or death to any person or
persons, or expense and claim for damages to property; (b) take
out and keep in force during the period of authorized use, liability
insurance in the amount of $300,000.00 to indemnify against the claim
of one or more persons, and $50,000.00 for property damage. Said
insurance shall insure the liability of permittee and the liability,
contingent or otherwise, of the City and such other person, firm or
corporation as may be designated by the City; and (c) a certificate
of insurance naming the City as an additional insured shall be secured
and submitted to the City Clerk prior to the issuance of any Use Permit
Agreement.
(3) The City Parks and Recreation Commission be and is here-
by authorized and directed to prepare a set of rules and regulations
for the use of City park and recreation facilities to include use by
the general public and by community sponsored groups for activities and
special events. Said recommended rules and regulations to be forwarded
to the City Council for their consideration and official adoption by
resolution of said Council.
is
RESOLUTION NO. 3-68
PAGE TWO
(4) First priority of use of all city facilities shall
be to serve the regular and special functions of the various de-
partments within the city. Use for community sponsored activities
and special events shall be granted only when the facilities are
not otherwise in use or in preparation for use by the city.
On motion by Councilman Bowen and seconded by
Councilman Keiser , the Morro Bay City Council hereby adopts
the foregoing resolution in its entirety by the following roll call
vote:
AYES: Councilmen Bowen, Keiser, Mallery and Mayor Surfluh
NOES: None
ABSENT: Councilman Bickford:
ADOPTED: January 9, 1968
ATTEST:
C. TED WHITE, City Clerk.
CERTIFICATION
J S. SURFLUH' Mayor
I hereby certify that the foregoing resolution was
duly and regularly adopted by the City Council of
the City of Morro Bay at a regular meeting thereof
held on the 9th day of January 1968.
Dated:
C. TED WHITE, City Clerk
City of Morro Bay, California
1
0
RESOLUTION NO. 2-68
RESOLUTION ACCEPTING LOW BID AND AWARDING CONTRACT
FOR WORK RELATIVE TO THE CHANGE OF GRADE AND STREET
CONSTRUCTION ON MAIN STREET, S. S. PROJECT NO. 28
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, C. S. Construction Company has submitted the low
bid for construction work relative to the change of grade and street
construction on Main Street, Select System Project No. 28, in con-
formance with the plans and specifications approved by Resolution
No. 111-67 adopted on November 14, 1967; the following resolution
is hereby proposed:
RESOLVED that the Morro Bay City Council does hereby award
the contract for the aforementioned street construction, Select
System Project No. 28, to C. S. Construction Company for the sum
of Sixty_five thousand seven hundred twenty one dollars and forty-
five cents ($65,721.45); 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 motion by Councilman Keiser and seconded by Council-
man Bowen , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety by the following roll
call vote:
AYES: Councilmen Bowen, Keiser and Mayor Surfluh
NOES: Councilman Mallery
ABSENT: Councilman Bickford
ADOPTED: January 9, 1968
J, S_L�A�
J. S. SURFLU Mayor
ATTEST:
0i '�2""
C. TED WHITE, City Clerk
BID RESULTS
S. S. PROJECT NO. 28
NAME
C. S. CONSTRUCTION CO.
M. J. Hermreck, Inc.
R. D. Bottorff
Harold Peterson
Burke Construction
Ted Watkins
Harms Bros.
Thomas Construction
$65,721.45
68,884.50
70,746.35
72,445.85
79,102.40
80,107.00
83,072.00
109,505.80
3O�LC_o_s2SJ
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0 a
RESOLUTION NO. 1-68
RESOLUTION GRANTING A REFUSE COLLECTION
FRANCHISE TO RAY M. WAGNER
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay did, on
December 12, 1967, adopt Ordinance No. 64 creating Chapter II of
Title III of the Morro Bay Municipal Code entitled Refuse Ordinance;
and
WHEREAS, Section 3206.1 of said ordinance provides for the
issuance of a franchise for the collection and disposal of refuse,
to include garbage and rubbish, and waste material within the City
of Morro Bay; the following resolution is hereby proposed:
RESOLVED that the Morro Bay City Council, pursuant to Section
3206.1 of Chapter II of Title III of the Morro Bay Municipal Code
hereby grants to Ray M. Wagner, doing business as Morro Bay Garbage
Service, a franchise for the collection and disposal of refuse, to
include garbage and rubbish, and waste material within the City of
Morro Bay subject to the terms and conditions set forth in the
Refuse Contract, a copy of which is attached hereto and marked Ex-
hibit "A" and by reference made a part hereof; and
BE IT FURTHER RESOLVED that the Mayor be and is hereby author-
ized and directed to execute said Refuse Contract for and on behalf
of the City of Morro Bay.
On motion by Councilman Bowen and seconded by Council-
man Keiser , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety by the following roll
call vote:
AYES: Councilmen Bowen, Keiser and Mayor Sur£luh
NOES: Councilman Mallery
ABSENT: Councilman Bickford
ADOPTED: January 9, 1968
Y
. S. SURFLUHP Mayor
ATTEST:
C. TED WHITE, City Clerk
I
CITY OF MORRO BAY
REFUSE AND WASTE MATERIAL CONTRACT
THIS AGREEMENT is made between the CITY OF MORRO BAY,
a municipal corporation of the State of California, ("City"),
and RAY M. WAGNER, individually and doing business as the
MORRO BAY GARBAGE SERVICE, ("Company").
This Agreement is made pursuant to Chapter II of Title III
of the Morro Bay Municipal Code.
The parties agree as follows:
1. Exclusive Franchise and Term. The City hereby grants
to the Company the exclusive privilege of collecting and disposing
of all refuse, to include garbage and rubbish, and waste
material accumulated in the City for the period of fifteen
(15) years commencing as of January 12, 1968 and terminating as
of January 12, 1983. Such collection and disposal shall be
made in accordance with and subject to the terms, conditions,
provisions, obligations, liabilities and restrictions con-
tained in the Refuse Ordinance, Chapter II of Title III of the
Morro Bay Municipal Code, this Agreement and subject to all
rights, powers and privileges reserved and reservable to the
City and its officers as provided in the Morro Bay Municipal
Code as now or hereafter constituted. The rates shall be as
follows:
A. Basic Collection, Refuse. The basic collection
rate for the weekly collection of one (1) standard size
container of refuse shall be Two Dollars ($2.00) per month for
every premises subscribing to a refuse collection service.
Fijvac Day,�T `f-68
1I .
B. Optional Collection, Rubbish. Every person who
may desire to subscribe for additional collection of rubbish
for the weekly collection of the equivalent of one (1)
standard container of rubbish to be picked up from the curb
line shall be One Dollar ($1.00) per month. This charge shall
be made in addition to the' basic collection charge set forth
in Section lA of this Contract.
C. Extra Collection, Refuse, Residential. Extra
refuse collection in quantities in excess of the amounts as
specified for basic and optional collections may be contracted
for with the Company and the rates to be charged shall not
exceed Two Dollars ($2.00) per cubic yard per pick up.
D. Special Collections, Residential. Special collect-
ions of substances not classified as normal refuse as set forth
in Section 3210.4 of the Refuse Ordinance shall be at a rate
not to exceed Two Dollars ($2.00) per cubic yard per pick up.
E. Commercial Bulk Pick Up. Commercial bulk pick up
charges shall be at the rate of One Dollar ($1.00) per cubic
yard.
F. Commercial Bin Service. Monthly commercial bin
service to include monthly rental of the bins from the Company
shall be as follows:
1 PICKUP
2 PICKUPS
3 PICKUPS
6 PICKUPS
BIN SIZE
PER WEEK
PER WEEK
PER WEEK
PER WEEK
1 Cu. Yd.
$ 9.00
$ 14.00
$ 18.00
$ 31.00
2 Cu. Yds.
13.00
23.00
31.00
57.00
3 Cu. Yds.
17.00
31.00
44.00
83.00
G. Commercial Standard Container Service. Monthly
commercial standard container service with containers owned
by the owner or occupant of the premises served shall be as
follows:
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NUMBER
1 PICKUP
2 PICKUPS
3 PICKUPS
6 PICKUPS
CANS
PER WEEK
PER WEEK
PER WEEK
PER WEEK
1
$ 2.00
$ 4.00
$ 6.00
$ 12.00
2
3.00
6.00
9.00
18.00
3
4.00
8.00
12.00
24.00
4
5.00
10.00
15.00
30.00
5
6.00
12.00
18.00
36.00
6 7.00 14.00 21.00 42.00
2. Definitions. various terms are used in this Agreement
which are defined in said Code including, but not by way of
limitation, the term "standard container".
3. Collection and Disposition of All Refuse and Waste
Material. The Company hereby promises, agrees and undertakes,
during the life of this Agreement, to collect and dispose of
all refuse and waste material in the City in accordance with
and subject to the terms, conditions, provisions, obligations,
liabilities and restrictions provided for in said Refuse
Ordinance. Said Ordinance being a non -compulsory ordinance, it
extends only to the persons and properties falling within
the terms of said Ordinance. In short, persons may dispose of
refuse and waste material individually and for their own account,
but not as a business or commercial enterprise.
4. Indemnification. The Company shall save and hold harm-
less the City from any and all claims for damages of any kind
or nature whatsoever that may arise out of or in connection with
its business.
The Company promises and agrees to procure and keep in force
and effect during the life of this Agreement, full compensation
insurance with an insurance carrier as defined by and in accordance
with the provisions of the Labor Code of the State of California.
The Company shall procure, carry and keep in force and
effect throughout the life of this Agreement public liability
insurance to the extent of at least $100,000.00 per occurrence for
the death or injury to one person, and at least $300,000.00 per
occurrence for the death or injury to more than one person,
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II and to the extent of at least $50,000.00 per occurrence for
i
property damage. Said insurance shall cover both the Company
and the City as insureds. If these limits of liability once or
more often become insufficient in the opinion of -the City Attorney,
the City by Resolution of the Council can require one or more
increases in one or more of the limits. The increase or increases
shall also be at the Company's expense.
The Company agrees to provide City with a copy of the
insurance contract with a rider attached thereto providing
that the insurance contract shall not be cancelled for non-
payment of premium or otherwise, without ten (10) days prior
written notice to the City.
5. Commencement Date. within ten (10) calendar days follow-
ing execution of this Agreement by the last party to execute it,
the Company shall commence the collection and disposal of all
refuse and waste material under the terms of this Agreement.
Having so commenced, the Company shall continue to collect and
dispose of all refuse and waste material throughout the term of
this Agreement.
6. Reservation of Rights. It is hereby expressly agreed
by and between the parties hereto that the City shall have,
and there is hereby reserved unto the City and to the officers
and officials of the City, all the rights, powers and
privileges which, under the provisions of said Refuse Ordinance,
might be expressly set forth in this Agreement in favor of the
City and its officers; the express mention of certain rights,
powers and privileges in favor of the City is not intended to
and shall not be deemed or construed to exclude any other right,
power or privilege in favor of the City which might be expressly
reserved herein.
7. Fee. The Company hereby promises and agrees to pay to
the City for the rights and privileges herein granted to it,
two percent (2%) of the gross receipts of the business conducted
by the Company within the City each calendar year, with a
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minimum of One Thousand Dollars ($1,000.00) per year. Said
amounts shall be payable semiannually on or before the 15th
day of January and July for the semiannual period ending
on the last day of the month preceding said payment date.
The accounting period for the purpose of determining the
percentage of gross receipts shall commence as of January 12,
1968.
8. Clean Up Week. The Company hereby further promises and
agrees to furnish to all persons subscribing to refuse
collection service one annual free pick-up of all rubbish in
conjunction with the annual City -sponsored "Clean Up Week" in
accordance with Section 3210.5 of said Refuse Ordinance.
9. Bond. The Company shall furnish and keep in force a
cash or surety bond to the City in the sum of Five Thousand
Dollars ($5,000.00) conditioned upon the faithful performance
of this Agreement and the provisions of said Refuse Ordinance.
10. Site and Containers. All refuse and waste material
collected within the City shall be delivered to an approved
San Luis Obispo County disposal site and disposed of in
accordance with the regulations of the County of San Luis Obispo
and the State of California. The Company shall leave each
container emptied either upside down or with the cover replaced
thereon.
11. Applicable Laws. The Company further agrees to comply
with the provisions of the Refuse Ordinance and the Morro Bay
Municipal Code and all of the laws of the State of California
now or hereafter applicable to this Agreement, which are hereby
made a part hereof.
12. Reasonable Compliance. The City does not assume any
responsibility for, nor shall it be held liable for damages for
the failure on the part of any person, firm or corporation
producing refuse and waste material within the City to deliver
the same to the Company; provided, however, it is mutually
understood and agreed that the City and its officers, designated
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LJ
by the Morro Bay Municipal Code to enforce the provisions
thereof, will at all times during the period of this contract
take all reasonable steps to enforce each and every one of the
provisions contained therein. The City further reserves
the right to amend said Refuse Ordinance as to regulatory
clauses thereof, but not as to reduction of rates for
collection and disposal as provided for by resolution of the
City Council, nor in any manner that will increase the duties
to be performed by the Company without adequate compensation
therefore.
13. Office. The Company shall establish and maintain
an office within the City where bills may be paid, services
applied for and complaints made, which office shall be
equipped with a telephone and shall have a responsible person
in charge during usual business hours.
A copy of all written complaints and statements of all
verbal complaints received by the Company or its employees
shall be forwarded to the Administrative Officer of the City
promptly after receipt thereof.
14. Records. The Company shall keep accounting and
statistical records of their revenue and expense items, to be
provided to the City upon demand.
15. Enclosed Body Trucks. The Company shall use enclosed
body trucks for all routine collections.
16. Pre-Pavment For Service and Discontinuance of Service.
The Company shall have the right to refuse service to any
person for reason of non-payment of bills or violation of any of
the provisions set forth in the Refuse Ordinance or
this Agreement. The Company shall attach a tag designating
the reason for non -collection or refusal of service to any
can or container not being collected . The phrase
"non-payment of bills" for which the Company may from time to
time discontinue service refers to the failure to pay in advance
for service. Furthermore, The Company may bill in advance for
its services, but not in excess of two calendar months.
,, 17. Uniforms. The Company shall require its collection
crewmen to wear clean uniforms with a conspicuous insi
J�nia.
"ni,aJ
18. Statement of Rules. The Company shall ma
u
to each subscriber a statement of rules, container limitations,
fees, telephone numbers and other pertinent information. By
way of illustration and not limitation, the preceding includes
garbage regulations as follows:
A. Standard container must be METAL or PLASTIC with
flytight lid, watertight bottom and handles, not to exceed 35
gallons capacity.
B. All types of garbage and refuse may be put in
container with EXCEPTION OF WASTE MATERIALS SUCH AS DIRT, ROCK,
CONSTRUCTION DEBRIS and INCINERATOR and FIREPLACE ASHES.
C. Not responsible for items you do not want to throw
away, but which are left near the standard container.
D. Containers must be readily accessible and within
75' of the curbline and the approach to container shall be free
of all obstacles.
E. OFFICE HOURS for telephone calls and payment of
bills shall be from 9:00 a.m. to 5:00 p.m., Saturdays, Sundays
and Holidays excepted.
19. Breach. Upon the failure or omission of the Company to
keep, fulfill or perform any of the terms, provisions or
conditions of this Agreement, or of the Refuse Ordinance or
Morro Bay Municipal Code, and the failure of the Company to
remedy or correct any such failure or omission within twenty
(20) days after notice in writing of such failure or omission,
this Agreement shall, at the option of the City, be terminated
and ended and the Company shall thereafter have no further rights,
powers or privileges against the City under the provisions of
this Agreement.
20. Assignment or Sublet. This Agreement shall not be
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assigned or sublet without the approval of the City Council
of the City.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed in duplicate this 9th day of
January, 1968.
ATTEST:
C. TED WHITE, City Clerk
CITY OF MORRO BAY
BY: J. S. SURFLUH, Mayor
MORRO BAY GARBAGE SERVICE
BY: RAY M. WAGNER