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HomeMy WebLinkAboutResoultion 01-69 to 96-69I N D E X RES. NO. TITLE DATE ADOPTED 1-69 Resolution continuing consideration of all matters in connection with Assessment District No. 4 1-14-69 2-69 Resolution awarding liability insurance coverage 1-14-69 3-69 Resolution accepting work and giving notice of completion for construction of street improvements, retaining wall and drainage structures in the City of Morro Bay on Beach Street from West Avenue to Embarcadero Road (Select System Project No. 40) 1-14-69 4-69 Resolution approving boundary agreement (Pipkin Suit) 1-14-69 5-69 Resolution accepting work and giving notice of completion for S. S. Project No. 41 1-28-69 6-69 Resolution authorizing changes in permitted uses on lease sites 91, 92, 91W, & 92W (Anderson) 1-28-69 7-69 Resolution authorizing changes in permitted uses on lease sites 134-137 (Crill) 1-28-69 8-69 Resolution authorizing change in permitted uses on lease sites 61 & 61W (Yacht Club) 1-28-69 9-69 Resolution authorizing changes in permitted uses on lease sites 93-95 & 93W-95W (Conger) 1-28-69 10-69 Resolution authorizing change in permitted uses on lease sites 75,76,75W, & 76W (Baynham) 1-28-69 11-69 Resolution of intention to abandon a portion of Beach Street and setting date for hearing 1-28-69 12-69 Resolution granting a Use Permit to Cub Scouts 1-28-69 13-69 Resolution requesting sea otter control for protection of abalone industry 1-31-69 14-69 Resolution and order modifying boundaries and approving amended boundary map (Imp. Dist 5) 1-31-69 15-69 Resolution directing filing of amended engineer's report & amended estimate of cost (Imp. Dist 5) 1-31-69 16-69 Resolution approving amended engineer's report, ordering construction of improvements, & con- firming assessment (Imp. Dist 5) 1-31-69 17-69 Resolution authorizing changes in work to be made by Director of Public Works (Imp. Dist.S) 1-31-69 18-69 Resolution of award of contract (Imp. Dist.S) 1-31-69 19-69 Resolution continuing consideration (Imp. Dist 4) 1-31-69 RES. NO. TITLE DATE ADOPTED 20-69 Resolution requesting emergency disaster assistance 2-4-69 21-69 Resolution requesting disaster assistance needs of Morro Bay be included with application of SLO county 2-4-69 22-69 Resolution declaring abandonment of a portion of Beach Street (Lyle's property) 2-11-69 23-69 Resolution approving transfer of Lease by operation of law (Walnum to Ruse) 2-11-69 24-69 Resolution approving forms of Pipkin settle- ment documents 2-25-69 25-69 Resolution continuing consideration of all matters in connection :with Improvement District No. 4 2-25-69 26-69 Resolution amending Res. 20-69 requesting emergency disaster assistance 2-25-69 27-69 Resolution authorizing execution of agreement with W. M. Lyles Company (Improvement District No. 5) 2-25-69 28-69 Resolution approving grant of Use Permit to Virgil Moores for Lease Site 128 2-25-69 29-69 Resolution approving Use Permit and waiving license fee for Morro Bay Moose Lodge 2-25-69 30-69 Resolution approving assignment of lease from Rowell & Turner Construction Co. to C. D. Sissel 3-3-69 31-69 Resolution approving changing name of tenant of lease (marriage) - Richey 3-11-69 32-69 Resolution authorizing changes in permitted uses on lease sites 96 & 96W, Richey 3-11-69 33-69 Resolution approving grant of Use Permit to Morro Bay Art Association 3-11-69 34-69 Resolution adopting a budget calendar for 1969-70 fiscal year 3-11-69 35-69 Resolution fixing date of bonds and directing publication of official notice inviting bids for purchase of bonds, Assessment District No. 5 3-25-69 36-69 Resolution approving agreement for purposes of road alignment 3-25-69 37-69 Resolution approving assignment of lease from Brebes to Pierpoint Landing, Inc. 3-25-69 38-69 Resolution granting Use Permit to Winfred Brown for Waterfront Lease Site No. 18 3-25-69 39-69 Resolution requesting Board of Supervisors to support legislation prohibiting oil drilling along San Luis Obispo County coast 3-25-69 RES. NO. TITLE DATE ADOPTED 40-69 Resolution requesting Calif. Legislature to enact legislation prohibiting oil drilling along San Luis Obispo County coast 3-25-69 41-69 Resolution approving grant of Use Permit to Kiwanis for Easter Sunrise Services 3-25-69 42-69 Resolution authorizing sale of bonds 4-22-69 Assessment District No. 5 43-69 Resolution supporting recommendations of California Marine Affairs Conference for California's navigational needs 4-22-69 44-69 Resolution of intention to order a Change of Grade on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street 4-22-69 45-69 Resolution accepting work and directing City Clerk to record notice of completion (Assess- ment District No. 5) 5-13-69 46-69 Resolution authorizing acceptance of an ease- ment from and the granting of a quitclaim for a portion of an easement to the State of Calif. Department of Parks and Recreation 5-20-69 47-69 Resolution awarding certificate of service to Clarence N. Teixeira for faithful and diligent service to the Morro Bay Volunteer Fire Dept. 5-20-69 48-69 Resolution adopting salary schedule 5-27-69 49-69 Resolution ordering change of grade on Bonita, Elm, and Reno 5-27-69 50-69 Resolution authorizing execution of quitclaim to surplus easement (Swan) 5-27-69 51-69 Resolution approving grant of Use Permit to Corinthian Sailing Club 6-24-69 52-69 Resolution approving agreement with Cooperative Personnel Services, State Personnel Board 6-24-69 53-69 Resolution approving agreement with Morro Bay Chamber of Commerce, fiscal year 1969-70 6-24-69 54-69 Resolution approving lease no. DOT-CG12-3417 with U. S. Coast Guard 6-24-69 55-69 Resolution awarding contract for construction of 1.0 m.g. water storage tank 7-8-69 56-69 Resolution approving form of lease amendments 7-22-69 57-69 Resolution approving assignment of lease from John Norek to Upte, Inc. 7-22-69 0 6 RES. NO. TITLE DATE ADOPTED 58-69 Resolution of intention to abandon a portion of Dunes Street and setting date for hearing 7-22-69 59=69 Resolution calling a public hearing to determine whether public necessity, health, safety, or welfare requires the formation of of an underground utilities district 7-22-69 60-69 Resolution approving use permit and waiving license fee for Morro Bay Moose Lodge 7-22-69 61-69 Resolution adopting policy regarding delinquent tidelands lease rentals 7-22-69 62-69 Resolution regarding highway safety 7-22-69 63-69 Resolution requesting U.S. Army Corps of 7-22-69 Engineers to hold public hearings in SLO County in connection with permit application of Belon Oysters 64-69 Resolution ratifying amendments to Joint Powers Agreement for SLO County and Cities Area Planning Coordinating Council 7-22-69 65-69 Resolution approving grant of Waterfront Use Permit to L. Virgil Moores for Lease Site 128 7-22-69 66-69 Resolution declaring abandonment of a portion of Dunes Street 8-12-69 67-69 Resolution supporting position of SLO Board of Supervisors in opposing granting of permit by U.S. Corps of Engineers to Belon Oysters for the mooring of 23 oyster cultivation rafts in Morro Bay 8-12-69 68-69 Resolution granting a Use Permit to M.B. Chamber of Commerce to conduct annual Rock-O-Rama celebration 8-12-69 69-69 Resolution authorizing the Dept. of General Services of the State of Calif. to purchase certain items 8-12-69 70-69 Resolution setting tax rate for 69-70 for general fund and capital improvement purposes 8-12-69 71-69 Resolution setting tax rate for 1969-70 sewer bond redemption 8-12-69 72-69 Resolution establishing Underground Utilities District No. 1 8-26-69 73-69 Resolution approving assignment of lease from Charles M. & Gaylord M. Uptegrove to Upte, Inc. 8-26-69 74-69 Employer -Employee Relations Resolution 8-26-69 RES. NO. TITLE DATE ADOPTED 75-69 Resolution approving grant of Waterfront Use Permit To Virgil Moores for bait tanks 8-26-69 76-69 Resolution authorizing execution of Mutual Aid Agreement with Division of Forestry 8-26-69 77-69 Resolution authorizing grant of lease to Winfred C. Brown 9-23-69 78-69 Resolution approving assignment of lease from Winfred C. Brown to Frank & Naomi Brebes 9-23-69 79-69 Resolution requesting Fish & Game Commission to hold special meeting to study sea otter - abalone conflict 9-23-69 80-69 Resolution approving amendment to lease with Upte, Inc., Lease Site 22 9-23-69 81-69 Resolution designating a Municipal Employee Relations Officer 9-23-69 82-69 Resolution approving settlement agreement with Green -West -Acres 9-23-69 83-69 Resolution approving agreement for annual audit for 1969-70 fiscal year 9-23-69 84-69 Resolution approving grant of Use Permit Agreement to Regal Seafood Company 9-23-69 85-69 Resolution approving amendment to settlement agreement with Green -West -Acres 10-14-69 86-69 Resolution accepting quitclaim deed from Green -West -Acres 10-14-69 87-69 Resolution adopting Embarcadero Parking Plan 10-14-69 88-69 Resolution granting a use permit to conduct a street parade to Morro Bay Lions Club 10-14-69 89-69 Resolution designating Morro Rock Park and adopting the road alignments contained therein 11-12-69 90-69 Resolution approving modification in Baynham Lease 11725-69 91-69 Resolution accepting work & giving notice of completion ( S. S. Project No. 43) 11-25-69 92-69 Resolution accepting work & giving notice of completion (S. S. Project No. 42) 11-25-69 RES. NO. TITLE DATE ADOPTED 93-69 Resolution approving Parcel Map MB-69-21 12-9-69 94-69 Resolution accepting grant deed from Pierpoint Landing, Inc., a California corporation 12-9-69 95-69 Resolution concerning leasehold title insurance 12-9-69 96-69 Resolution approving lease & option agreement for fire apparatus 12-16-69 i 9 RESOLUTION NO. 96-69 RESOLUTION APPROVING LEASE AND OPTION AGREEMENT FOR FIRE APPARATUS 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 does hereby approve that certain agreement dated December 10, 1969, a copy of which is attached and by reference made a part hereof, between the City of Morro Bay and Howe Fire Apparatus Company for the leasing of fire safety apparatus with option to buy in accordance with City of Morro Bay Purchase Order No. 5069 dated December 10, 1969; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, & Mayor Mallery NOES: Councilman Giannini ABSENT: None ADOPTED: December 16, 1969 W Vl WESLEY E. LLERY, Mayor ATTEST: • RESOLUTION NO. 95-69 RESOLUTION CONCERNING LEASEHOLD TITLE INSURANCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, as an integral part of the settlement in the Pipkin litigation, certain plaintiffs were given leases on tidelands property for a term commencing October 1, 1968, and running for a primary term of fifty years; and WHEREAS, during the negotiations concerning revisions of the lease form, a major objective was to make certain that the leases would be merchantable, as it was contemplated that in many cases improvements would be constructed on the lease sites and to be financed with conventional financing; and WHEREAS, financial institutions as a matter of course require policies of title insurance insuring the property on which the loan is being made, up to the full amount of such loan; and WHEREAS, certain of the holders of the Pipkin type leases have expressed concern as to the availability of title insurance to finance improvements which they believe are necessary to provide an adequate income to support the new rental schedule; and WHEREAS, the counsel for the State Lands Commission has assured this city that policies of title insurance are generally available for development of the tide and submerged lands lease sites administered by the various cities and other political sub- divisions of this state; and WHEREAS, two of the major title insurance companies in this county have heretofore written policies insuring the validity of tideland leases within this city together with insuring the rights of the tenants thereunder: NOW, THEREFORE, BE IT RESOLVED as follows: (1) That the City Administrator and the City Attorney take any steps as are reasonably necessary to assure that such tenants will be able to secure policies of title insurance for the purpose of enabling them to secure improvement loans on their leaseholds. (2) That the city authorize the ordering of one policy of title insurance on such a lease to be selected by lot, with the title insurance to be in the face amount of $25,000.00. (3) That the City Council further resolve that the increased rental scheduled to go into effect when the planned harbor improvements are complete, but not later than October 1, 1970, be postponed until such time as a policy of title insurance adequate for loan purposes on such a leasehold site is obtained. RESOLUTION NO. 95-69 Page Two (4) That a copy of this resolution be furnished to each Pipkin type leaseholder and a copy by placed in the city lease file. on motion by Councilman Bickford and seconded by Council- man Keiser , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT: None ADOPTED: December 9, 1969 WESLEY E. LERY, Mayor RESOLUTION NO. 94-69 RESOLUTION ACCEPTING GRANT DEED FROM PIERPOINT LANDING, INC., A CALIFORNIA CORPORATION 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 Pierpoint Landing, Inc., a California corporation, for all that real property described in said deed, a copy of which is attached hereto and by reference made a part hereof; and e BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute a Certificate of Acceptance 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 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, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT:None ADOPTED: December 9, 1969 �. WESLEY E. LLERY, Mayor 0 49 When recorded, please return to: City of Morro bay 595 Harbor Street Morro Bay, California 93442 I hereby certify that there is no monetary consideration for the within deed and no revenue stamps are required. M. J. LITTLE, City A inistrator City of Morro Bay, California GRANT DEED FOR ROAD PURPOSES FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, PIERPOINT LANDING, INCORPORATED, a California corporation, hereby grants to the CITY OF MORRO BAY, a municipal corporation, the within described real property for street, highway, drainage, public utilities, and other public purposes: That portion of Lot "H" of "The Lands of March and McAllister in the Town of Morro", in the City of Morro Bay, in the County of San Luis Obispo, State of California, as surveyed by h. C. Ward, September, 1886 as per Map thereof recorded Januar- 23, 1889 in Book A, Page 159 of Maps, ;n the office of the County Recorder of ,aid County described as follows: Beginning at a 1" iron pipe marked RCE 11727 at the Southeasterly rner of said Lot "H" also being the inter.s,�tion of the Westerly line of Front Street: and tire Northerly .line of Dunes Street (former]y 7th Street) as shown on a Parcel Map :+c. MB-68-30 fiLed in Book 3, at Page 10 o` Parcel Maps, in the office of the County Recorder of said county; thence alor;g the following courses: 1) North 89058'45" West 16.00 feet along the Northerly line of said Dunes Street; 2) thence leaving said Northerly line, Northeasterly 22.83 feet along a curve concave Northwesterly, tangent to a line bearing North 50043124" East, having a radius of .16.00 feet and a central angle of 81045'39" to a point on the westerly line of said Front Street; 3) thence along said Westerly line South 31002115" East 24.09 feet to a point of beginning. Containing an area of 109.13 square feet, more or less. The above described property is shown as Parcel "C" on a Parcel Map No. MB-69-21, filed in Book Page of Parcel Maps, in the officethe County Recorder of said county. <. Dated this . Y, /- day of -October-,- 1969 PIERPOINT LANDING, INC., A California Corporation STATE OF CALIFORNIA ) COUNTY OF )ss. On before me, the undersigned, a Notarryj� Public in an fpr said County and State, personally appeared �' 7/Zt .1 J known to me to be the Presidentt, an- -A 7 , 7f7 known to me to be the Secretary of PIERPOINT LANDING, INC., the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. Signatu�reJ� Name D064 mamma (typed or printed) -2- 1 ►Wr MIM -a M = J CrlMwMM P""Rupwoft camp (seal) 1%on"OftftmftxA& CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated December 2, 1969 from PIERPOINT LANDING, INCORPORATED, a California corporation, to the CITY OF MORRO BAY, a municipal corporation, is hereby accepted by order of the City Council of the CITY OF MORRO BAY on December 9, 1969 and the Grar:t:ee consents to recordation thereof by its duly authorized officer. Dated: December 10, 1969 CITY OF MORRO BAY W SrE:Y E. LLER , Mayor ATTEST v M. J. LITTLE, City Clerk 6 P1 RESOLUTION NO. 93-69 RESOLUTION APPROVING PARCEL MAP NO. MB 69-21 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 does hereby approve Parcel Map No. MB 69-21, being a division of portions of parcels 30 and 32, Parcel Map No. MB 68-30 and Dunes Street in the City of Morro Bay. On motion by Councilman Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED:December 9, 1969 W O WESLEY E. WALLERY, Mayor ATTEST M. J City Clerk RESOLUTION NO. 92-69 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION OF QUINTANA ROAD IMPROVEMENTS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 42) 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 28, 1969, award a contract for the construction of improve- ments on Quintana Road in the City of Morro Bay to Harold Peterson (Alternate No. 1) and to C. S. Construction Company (Alternate No. 3); 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 21st day of November, 1969 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 Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: November 25, 1969 �? ' vl WESLEY E.dMALLERY, Mayor ATTEST: M. . LITTLE, CityClerk .0 UA 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 construction of improvements on Quintana Road in the City of Morro Bay, Select System Project No. 42, has been completed by Harold Peterson (Alternate No. 1) and by C. S. Construction Company (Alternate No. 3), and said work was accepted as completed on November 21, 1969 by the Morro Bay City Council by the adoption of Resolution No.92 -69, dated November 25, 1969. M. L TILE, City Clerk Ci of Morro Bay, 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 26th day of November, 1969. M. /.LITTLE, City C erc 0 CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of construction of improvements on Quintana Road in the City of Morro Bay, Select System Project No. 42, by Harold Peterson (Alternate No. 1) and by C. S. Construction Company (Alternate No. 3), has been inspected and has been 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: November 25, 1969 UCLA STUART Acting Director of Public Works City of Morro Bay, California 0 RESOLUTION NO.91-69 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT NO. 43) 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 September 23, 1969, award a contract for applying bituminous seal to various streets in the City of Morro Bay to C. S. Construction 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 31st day of October, 1969 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 Donohoo , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Giannini, and Mayor Mallery NOES: None ABSENT: None ADOPTED: November 25, 1969 T ✓l LEY E. LERY, Mayor ATTEST: M. X. LITTLE, City Cler 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 applying bituminous seal to various streets in the City of Morro Bay, Select System Project No. 43, has been completed by C. S. Construction Company, and said work was accepted as completed on October 31,.1969 by the Morro Bay City Council by the adoption of Resolution No.91 -69, dated November 25, 1969. M. J. TTLE, City Clerk City of Morro Bay, 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 26th day of November, 1969. K7FLTTTLE, City Cler CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of applying bituminous seal to various streets in the City of Morro Bay, Select System Project No. 43, by C. S. Construction Company, has been inspected and has been 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: November 20, 1969 DOUGLM. ST4VMW UAR Acti Director of Public Works City of Morro Bay, California RESOLUTION NO.90-69 RESOLUTION APPROVING MODIFICATION IN BAYNHAM LEASE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Attorney of this city has recommended that the following changes be made in the lease to be entered into with A. R. Baynham and Barbara Baynham concerning Lease Site No. 17, as set forth in Parcel Map No. 68-30 of this city, and good cause appearing: NOW, THEREFORE, BE IT RESOLVED that the "Pipkin type" lease heretofore approved by the city is hereby authorized to be entered into with A. R. Baynham and Barbara Baynham with the following modifications: (1) That the paragraph on page 2 of the lease concerning warranty of title shall be deleted. (2) That the following uses be permitted: Motel, floating docks for pleasure boats, launching facilities, display room, sales and service of small boats, and fuel docks, general retail sales and restaurant, cocktail bar, and allied uses. (3) That the following phrase be added to the end of paragraph 8 on page 5: "unless tenant, within ninety (90) days after receipt of notice of violation, ceases such violation". (4) That paragraph 9 appearing on pages 5 and 6 be deleted. (5) That there shall be added to Schedule A, page 1, "the annual rental for the premises shall be the sum equal to six percent (68) of said value of the premises on July 1, 1964, which is agreed to be $3,315.96, 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" (6) That similar clarifications be added to Schedule A, and providing that the annual rental shall be paid semi-annually in advance on the first day of each January and July. On motion by Councilman Donohoo 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 NOES: None ABSENT: None ADOPTED:November Bickford, Donohoo, Giannini, Keiser, & Mayor Mallery 25, 1969 ATTEST: M. ITTdE, C1ty Clerk W WESLEY E MALLERY, Mayor RESOLUTION NO. 89-69 RESOLUTION DESIGNATING MORRO ROCK PARK AND ADOPTING THE ROAD ALIGNMENTS CONTAINED THEREIN 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 had adopted a General Plan including various elements thereto; and WHEREAS, the City of Morro Bay has progressively and systematically implemented said General Plan through the adoption of Specific Plans; and WHEREAS, studies have been made of the beach area lying between Morro Rock and the P.G.& E. property, which area is recommended to be used for park and leasing pur- poses in the Morro Bay General Plan; and WHEREAS, said studies indicate the need for proper circulation by connecting both Highway 41 and Morro Rock to the Embarcadero; and WHEREAS, the Planning Commission of the City of Morro Bay has by Resolution No. 2-69 designated the area between Morro Rock and the P.G.& E. property as Morro Rock Park and has also adopted the Morro Rock Park Road Alignment Plan as a Specific Plan: NOW, THEREFORE, BE IT RESOLVED that beach area lying between Morro Rock and the P.G.& E. property be and is hereby designated as Morro Rock Park; and BE IT FURTHER RESOLVED that the plan entitled "Morro Rock Park Road Alignment Plan" be and is hereby adopted as a Specific Plan. On motion by Councilman Keiser and seconded by Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Mayor Mallery NOES: None ABSENT: None ADOPTED: November 12, 1969 ATTEST: ': % , �i_ — M_._J(.ArfTLE, City Cl er Donohoo, Giannini, Keiser, and &� . 3� J-1.1 I , � -\�� ft-MLEY E. r RY, Mayor 0 RESOLUTION NO. 88-69 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 26, 1969; 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, a copy of which is attached and made a part of this resolution, authorizing the use of various city streets to assemble and conduct the annual Halloweed 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 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 Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Mayor Mallery NOES: None ABSENT: None ADOPTED: October 14, 1969 ATTEST: City Clerk Donohoo, Giannini, Keiser, and w y WESLEY E. rALLERY, Mayor 1 2 3 4 5 8 7i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 USE PERMIT AGREEMENT The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Morro Bay Lions Club (hereinafter called PERMITTEE) the right and privilege to use that property of the City of Morro Bay located within the city limits of the City of Morro Bay, County of San Luis Obispo, State of California, and described in Exhibit "A" which is attached hereto and made a part of this Use Permit Agreement (hereinafter called SAID PROPERTY) on the terms and conditions hereinafter set forth. 1. The right and privilege granted to PERMITTEE pursuant Ito this Use Permit Agreement shall become effective at the hour of 12:01 p.m. on Sunday, October 26, 1969 and shall expire when Ithe purpose hereinafter specified has ceased, but in no event later than the hour of 8:00 p.m. on Sunday, October 26, 1969. 2. PERMITTEE shall use SAID PROPERTY for the purpose of conducting the annual Halloween Parade sponsored by PERMITTEE and for no other purpose. 3. PERMITTEE shall at all times during assembly, parade, and disbanding adequately supervise the participants in order to protect the lives and property of motorists, pedestrians, spectators, and participants at the assembly and disbanding area and along the route of the parade. PERMITTEE shall cooperate at all times with CITY officers and employees in the installation, erection, dismantling, or removal of signs, barricades, or other appropriate warning devices which are necessary, in the opinion of CITY, to protect the lives and property of motorists, pedestrians, spectators, and participants. PERMITTEE shall at all times promptly comply with all regulations, rules, and order of duly constituted CITY officials with respect to any part or phase of the parade, including composition of exhibits, speed of the 1 parade, and spacing between the participant's exhibits. 2 4(a) This Use Permit Agreement is granted to PERMITTEE 3 upon the express condition that PERMITTEE shall keep and hold 4 CITY free from all liability, expense, and claim for damages 5 by reason of any injury or death to any person or persons, 8 including PERMITTEE, or property of any kind whatsoever and to 7 whomsoever belonging, including PERMITTEE, from any cause or 8 causes arising in any manner out of the issuance of this Use 9 Permit Agreement or the use of SAID PROPERTY during the term of 10 this Use Permit Agreement or any extension thereof or any 11 occupancy or use hereunder; PERMITTEE hereby covenanting and 12 agreeing to indemnify and save CITY harmless from all liability, 13 loss, cost, and obligations on account of or arising out of any 14 such injuries or losses howsoever occurring. 15 4(b) PERMITTEE agrees to take out and keep in force during 18 the life hereof, at PERMITTEE'S expense, liability insurance to 17 protect against any liability to any person or persons, including 18 PERMITTEE, resulting from any occurrence in or about or incident 19 to SAID PROPERTY and appurtenant areas in the amount of $100,000 20 to indemnify against the claim of one (1) person ; $300,000 to 21 indemnify against the claim of two (2) or more persons, and 22 $10 000 for property damage. Said policies shall insure the 23 liability of PERMITTEE and the liability, contingent or otherwise, 24 of CITY and such other persons, firms, or corporations as may be 25 designated by CITY. If PERMITTEE does not keep such insurance in 28 full force and effect, this Use Permit Agreement may be 27 immediately terminated. PERMITTEE shall provide CITY with copies 28 or certificates of all of said policies including endorsements 29 which state that such insurance shall not be cancelled except 30 after ten (10) days' prior written notice to the CITY. Each such 31 policy shall be approved as to form and insurance company by CITY. 32 4(c) Any insurance policy insuring PERMITTEE against claims, -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 expense, or liability for injury or death to person or property in or about SAID PROPERTY shall provide that the insurer shall not acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to the occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any such claim, expense, or liability. CITY OF MORRO BAY Dated_ ATTEST: M. J. LITTLE, City Clerk BY WESLEY E. MALLERY, Mayor MORRO BAY LIONS CLUB BY TITL DATE .11 -3 F-1 \ IJUNE6 1K-1 H f)20 f: 1 Ll 14oRRv 73AY W�u Pr�ciFIc MAky VA S 117E RIFTWOOD S 'v ANC -ion - ��'. h I . I EXHIBIT "A" MORRO BAY LIONS CLUB USE PERMIT - HALLOWEEN PARADE RESOLUTION NO. 87-69 RESOLUTION ADOPTING EMBARCADERO PARKING PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 65450 et. seq. provides for the adoption of specific plans for execution of the City General Plan; and WHEREAS, Sections 5105.2.4, 5105.2.5, and 5105.2.6 of the Morro Bay Municipal Code provide for the reduction of certain off- street parking requirements when a public entity provides cooper- ative parking lots in accordance with an adopted Specific Plan; and WHEREAS, a study has been made indicating the most efficient means for parking in the city -owned area between Dunes and South Streets along the Embarcadero could best be established through a common parking facility; and WHEREAS, the "Embarcadero Parking Plan" was devised to provide the most efficient parking within said area and appears to be in the best interest and provides the most convenience for patrons of the waterfront; and WHEREAS, if said plan were adopted, normal off-street parking requirements could otherwise be waived in part for city -owned property in said area; and WHEREAS, the Morro Bay Planning Commission did, on August 19, 1969, hold a public hearing to consider the "Embarcadero Parking Plan" and adopted Resolution No..l approving the "Embarcadero Parking Plan": NOW, THEREFORE, BE IT RESOLVED that the "Embarcadero Parking Plan" be adopted by the Morro Bay City Council; and BE IT FURTHER RESOLVED that said plan adequately provides for parking within the area between Dunes and South Streets along the Embarcadero sufficient to comply with the requirements of Sections 5105.2.4, 5105.2.5, and 5105.2.6 of the Morro Bay Municipal Code; and BE IT FURTHER RESOLVED that said plan constitutes the reduction of off-street parking requirements on city -owned property in said area up to two and one-half (2h) square feet of parking space to each one (1) square foot of retail or customer floor space plus one (1) space for each two (2) employees as provided by Section 5105.2.5 of the Morro Bay Municipal Code. On motion by Councilman Donohoo , 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, and Mayor Mallery NOES: Councilman Giannini ABSENT: None ADOPTED: October 14, 1969 ATTEST: M. g,./4ffTWLE, City Clerk WESLEY E. MALLERY, Mayor RESOLUTION NO. 86-69 RESOLUTION ACCEPTING QUITCLAIM DEED FROM GREEN -WEST -ACRES, A CALIFORNIA CORPORATION 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 Green -West -Acres, a California Corporation, 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 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 Keiser 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 Bickford, Donohoo, Keiser, Giannini, and Mayor Mallery NOES: None ABSENT:None ADOPTED: October 14, 1969 4,& 01_ WESLEY E. MALLERY, Mayor ATTEST: M. J I TL^, City Clerk CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Quitclaim Deed dated September 30, 1969 from GREEN -WEST -ACRES, a California corporation, to the CITY OF MORRO BAY, a municipal corporation, is hereby accepted by order of the City Council of the CITY OF MORRO BAY on October 14, 1969 and the Grantee consents to recordation thereof by its duly authorized officer. Dated: October 15, 1969 CITY OF MORRO BAY BY WESLEY E. MALLERY, Mayor ATTEST: M. J. LITTLE, City Clerk RESOLUTION NO. 85-69 RESOLUTION APPROVING AMENDMENT TO SETTLEMENT AGREEMENT WITH GREEN -WEST -ACRES, A CALIFORNIA CORPORATION 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 hereby approves amending paragraph 2 of the Agreement and Release by and between the City of Morro Bay and Green - West -Acres, a California corporation, which Agreement is attached to Resolution No. 82-69 of this city, to read as follows: 2. By execution of this Agreement, GREEN -WEST agrees to execute a formal quitclaim to the lands described in Lease Sites 300 and 301W; and further acknowledges that said lands are free of any claim by GREEN -WEST in or to said lands or any part thereof. On motion made 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, Donohoo, Keiser, Giannini, and Mayor Mallery NOES: None ABSENT: None ADOPTED:October 14, 1969 W SLEY E MALLERY, Mayor ATTEST: LA/� M. J LE, City Clerk When recorded, plale I hereby ceofy that there return to: is no monetary consideration for the within deed and no City of Morro Bay revenue stamps are required. 595 Harbor Street Morro Bay, California 93442 M. J. LITTLE, City Administrator City of Morro Bay, California QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, GREEN -WEST -ACRES, a California corporation, hereby quitclaims, releases, and remises to the CITY OF MORRO BAY, a municipal corporation, all that certain real property described as follows: The legal description of said property is attached hereto as Exhibit "A" and incor- porated herein. Said legal description is that of Lease Site No. 300, as shown on Map HL-6A dated April 1, 1963, on file in the Depart- ment of Public Works, County of San Luis Obispo. Dated this 90 day of�1969. State of California County of KERN ;ss. GREEN -WEST -ACRES, A California Corporation fn BY On this 30th day of September , 1969, before me, the undersigned, personally- appeared D. S3.dney Longacre, known to me to be the President, and Curtis Darling, known to me to be the Secretary of the corporation that executed the within instrument and acknow- ledged to me that such corporation executed the same pursuant to authorization of its bylaws or by resolution of its Board of `e_ Directors. WITNESS my hand and official seal. Signature Name Dorothy M. Muir typed or printed MR07HY P4. Pu'A91R NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN KERN COUNTY My COMMISSION EXPIRES AUGUST 17. 1973 T11at certain real property situated in tl County of i S::n Luis Obis >� Statc of California, bc� a portion >,• 1 a i Of the tidal., C:S, submerg �.G ds, and ot.gcr . !:, ds conveyed to the County of San Luis Obispo by several Ste�p2 '-a ^t , a,-.cl y, Chapter 1076, Statutes . ra� i71Str' ,.�.. S' n....,..:._ - Of 1947 of the State of Califoi::ia as amended by Chapter 1874, Stat•tas of 1957 of the State of California; also those ta_: deeds all dated May 7, 19�•6 :,' 'all 1,'a i .20 0� 0�-icn6s a d corded y S, 946 n Vo-u...e I Records at pages 29t0 327 ii1C1L:S'IVe in the Recorder's i Office of said County, said portion being more part-- cularly described as follows: Beginning at a point i- the southerly lirle O� :e tidelands ^:1d ^ub ergcd lard- de n scri�ad i above said •S 1`o b ao �rnn„ '•:1 1` tatu .. of 19 ,7 �...�_.ded V 957 distant North 73° 07`' 38". Wcst,V4,454.71 feet from; the point of begirn ing as described in said statutes; said point in said southerly line being also distant South 220 16' 29" East, 862.50 feet from a concrete monume* set for triangulation station "Hill 2" as shown on the map entitled 'Grant to County of San Luis Obispo -Vicinity of.Morro Bayti' etc.', filed in volume 1 of Miscellaneous daps at rage 2 in the Recorder's Office of said County; thence from said point of beginning in said southerly line as above described North 130 38' 34" West 250.91 feet to'a point; thence 'North 000 34' 02" East 101.00 feet to a point; thence North 220 39' 42" East 210.23 feet to a point; thence North 060 49' 38" East 359.15 feet to a point; thence North 50 43' 22" West 551.80 feet to a point; thence ?Forth 590 23' 38" East 122.51 feet.to a point; thence North 630 07' 38" East 467.30 feat to a Doint; thence North 390 26' 38" East 388.39 ..feet to a point; thence North 56000' 38" East 456.10 feet to a point; thence North 070 55' 22" West 346,68 feet to a point; thence North 150 12' 04". West 1,820.83 feet to a point; thence North 510 38' 22" West 15.97 feet to a point; thence North 42° 48' 54" West 1,445.67 feet to a point; thence Nortil 730 12' 22" West 389.78 feet to,a point; thence South 400 58' 25" West 566.77 feet to a point; thence South 350 32''38" West 510.00 feet to a point; t:^.epee South 480 05' East 612.00 feet to a point; thence South 290 35' East 490.00 feet to a point; thence South 090 17' East 384.00 feet to a point; thence South 080 05' West 838.79 feet to a point; thence South 880 03' 25" East 602.37 feet to a Doint; thence South 34° 38' West 93.'0 feet to a point; thence South 33° 07' East 165.00• feet; thence South 280 53' West 758.98 feet to a point; thence South 15° 22` east 824.98 feet to a point; thence South 000 521. East 758.9E feet to a point; thence South 270 OS' West 132.00 feet to'a point; thence South 730 07' 38" East 334.69 feat.to the point of beginning, ekcepti::g therefrom the following described parcels: A, B, C & D. PARCEL A, that property described in deed, recorded in Volume 1074 at page 270 on .iuly 12, 1960, Official Records of the County of San Luis Obispo. PARCEL B. that property described in deed, recorded in Volu-me 1201 at'paoe 408 on September 14, 1962, Official Records of the County of San Luis Obispo. PARCEL C. that property described in deed, recorded in Vo:li-' -n:e 1058 at -aa�a 524 on April 112 1960, Official Records of the County of San Luis Obispo. PARCELD, that property described in deed, recorded is VoiU- e 1202 at page 146 on Seuta-tuber 19, 1962, Official Records of the County of San. Luis ,Obispo. EXHIBIT "A" 0 RESOLUTION NO. 84-69 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO REGAL SEAFOOD 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" by and between the City of Morro Bay and the Regal Seafood Company is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said Agreement, a copy of which is attached and made a part hereof, for and on behalf of the City of Morro Bay. On motion made by Councilman Giannini 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 Giannini, Keiser, & Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem ATTEST: M. ! LITTLE, City C er 11 DOCK AND WATERFRONT USE PERMIT AGREEMENT 3 The City of Morro Bay, a municipal corporation of the State 4 of California .(hereinafter called CITY) hereby grants to Regal 5 Seafood Company. (hereinafter called PERMITTEE), the right to use, 8 on the terms and conditions hereinafter set forth, that property 7 of the City of Morro Bay located within the city limits of the City 8 of Morro Bay, County of San Luis Obispo, State of California, and 9 described as follows: 10 The city pier and dock, approximately 200' wide, located in Morro Bay Harbor on or 11 adjacent to the property formerly described as Morro Bay Harbor Lease Sites No. 129W, 12 130W, 131W, and 132W as shown on a map entitled "New Lease Sites, County of San 13 Luis'Obispo Harbor Division" dated July 14 17, 1961 (hereinafter called SAID PROPERTY). 15 1. The term of this Use Permit Agreement shall be from 18 November 1, 1969 to and including October 31, 1970. 17 2. As consideration for the rights and privileges granted 18 to PERMITTEE hereunder, PERMITTEE shall pay to CITY the sum of 19 'One Hundred Dollars ($100.00) per month for each month for which' 20 this Use Permit Agreement shall be in effect. Such payments shall 21 be paid to the City Clerk in advance on the first day of each 22 month during the term of this Use Permit Agreement. 23 3. PERMITTEE shall use SAID PROPERTY for the following 24 purposes and for no other purpose, to wit: loading or unloading of 25 commercial fish, icing of fishing boats, mooring, and free public 28 fishing. 27 4. This Use Permit Agreement may be terminated by CITY at 28 any time by order of the Morro Bay City Council, which termination 29 shall become effective ten (10) days after the date upon which 30 such order shall have been made except as otherwise provided 31 herein, and PERMITTEE shall thereupon peacefully surrender 3211 possession thereof to CITY. 1 5. PERMITTEE shall keep SAID PROPERTY in good repair and 2 shall surrender SAID PROPERTY to CITY at the expiration or termin- i ation of this Use Permit Agreement in as good condition as it was 4 when it was originally received by PERMITTEE from the County of 5 San Luis Obispo, reasonable wear excepted. Notwithstanding any of 8 the foregoing, SAID PROPERTY shall not be altered or changed in 7 any way by PERMITTEE without the prior written approval of CITY. 8 6.a This Use Permit Agreement is granted to PERMITTEE upon 9 the express conditions that PERMITTEE shall keep and hold CITY 10 free from all liability, expense, and claim for damages by reason 11 of any injury or death to any person or persons, including PERMITTEE `10 or property of any kind.whatsoever and to whomsoever belonging, 13 including PERMITTEE, from any cause or causes whatsoever during the 14 term of this Use Permit Agreement or any extension thereof or any 15 occupancy or use hereunder; PERMITTEE hereby covenanting and agree- 16 ing to indemnify and save CITY harmless from all liability, loss, 17 cost, and obligations on account of or arising out.of any such 18 injuries or losses howsoever occurring. 19 6.b PERMITTEE agrees to take out and keep in force during the 20 life hereof, at PERMITTEE'S expense, liability insurance to protect 21 against any liability to any person or persons, including PERMITTEE, 22 resulting from any occurrence in or about or incident .to SAID 23 PROPERTY and appurtenant areas in the amount of $200,000 to indemnif 24 against the claim of one (1) person; $400,000 against the claim of 25 two (2) or more persons; and $200,000 for property damage. Said 28 policies shall insure the liability of PERMITTEE and the liability 27 contingent or otherwise, of CITY and such other persons, firms, or 28 corporations as may be designated by CITY. If PERMITTEE does not 29 keep such insurance in full force and effect, CITY may take out the 30 'necessary insurance and pay the premiums, and the repayment thereof 31 shall be aid b PERMITTEE on the first day of the followin p y y following.month, 32 or in the sole discretion of CITY, this Use Permit Agreement may -2- 1 be immediately terminated. PERMITTEE shall provide CITY with 2 copies or certificates of all of said policies including endorse- 3 ments which state that such insurance shall not be cancelled except 4 after ten (10) days prior written.notice to CITY. Each such policy 5 shall be approved as to form and insurance company by CITY. 6 6.c Any insurance policy insuring PERMITTEE against claims,. 7 expense, or liability for injury or death to person or property in 8 or about SAID PROPERTY or for business interruptions shall provide 9 that the insurer shall not acquire by subrogation any right of 10 recovery which PERMITTEE has expressly waived in writing prior to 11 the occurrence of the loss. PERMITTEE hereby waives any right of 12 recovery against CITY.for any such claim, expense, liability, or 13 business interruption. 14 7. PERMITTEE shall pay all charges for all utilities, 15 including but not by way of limitation, electricity, gas, water, 18 and telephone which are used on or about SAID PROPERTY during the 17 term of this Use Permit Agreement. 18 8. CITY shall have the right to enter upon SAID PROPERTY 19 at all reasonable hours to examine the same or to make such repairs 20 or temporary alterations as CITY shall, in its sole discretion, 21 desire. 22 9. PERMITTEE shall reimburse CITY for any and all attorney's 23 fees and expenses incurred by CITY in enforcing, perfecting, or 24 protecting CITY's.rights under this Use Permit Agreement. 25 CITY OF MORRO BAY 26 Dated 27 WESLEY E. MALLERY, Mayor 28 ATTEST: 29 M. J. LITTLE, City Cler 30 REGAL SEAFOOD COMPANY 31 Dated PERMITTEE 32 -3- 0 4 RESOLUTION NO. 83-69 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1970 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 hereby approves the Agreement by and between the City of Morro Bay and Milton E. Willeford, Certified Public Accountant, to perform a continuous audit for the fiscal year ending June 30, 1970, a copy of which is attached and made a part hereof; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said Agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Giannini and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Giannini, Keiser, & Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem ATTEST: M. J T E, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A G R E E M E N T Agreement by and between the City of Morro Bay, a municipal corporation of the State of California (hereinafter called City) and Milton E. Willeford, Certified Public Accountant (hereinafter called Certified Public Accountant). The City and Certified Public Accountant hereby agree as follows: 1. That the Certified Public Accountant will perform a "Limited General Audit" of the books, records and accounts of the City for the fiscal year ended June.30, 1970._ The Term "Limited General Audit" is defined as follows: That which embraces all financial transactions and re- cords, but is limited in that the Auditor is not expected to verify every transaction, but rather will be permitted to rely upon his professional judgement in determining the extent to which testing and sampling will be resorted to `during the course of the examination. The coverage, how- ever, must be sufficient to permit the Certified Public Accountant to render a special report in conformity rules (referring to Opinions) of the State Board of Accountancy of the State of California. 2. That, insofar as is applicable, the audit program as set forth in pages 189-220 of '�Municipal Accounting and Auditing," as published by' the National Committee on Governmental Accounting, will be used by the Certified Public Accountant as a guide in the conduct of said audit. 3. That said audit will be conducted in accordance with generally accepted auditing standards as follows: A. "GENERAL STANDARDS" 1. The examination is to be performed by a person or persons having adequate technical training and proficiency as an auditor. 2. In all matters relating to the assignment, an independence in mental attitude is to be maintained by the auditor or auditors. 3. Due professional care is to be exercised in the performance) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the examination and the preparation of the report. B. ."STANDARDS OF FIELD WORK" 1. The work is to be adequately planned, and assistants, 1f any, are to be properly supervised. 2. There is to be a proper study and evaluation of the existing internal control as a basis for reliance thereon and for the de- termination of the resultant extent of the tests to which auditing'procedures are to be restricted. 3. Sufficient competent evidential matter is to be obtained through inspection,'observation, inquiries and confirmation to afford a reasonable basis for an opinion regarding the financial statements under ex- amination. C. "STANDARDS OF REPORTING" 1. The report shall state whether the financial statements are presented in accordance with generally accepted principles of account- ing as applied,of California cities. 2. The report shall state whether such principles have been consistently observed in the current period in relation to the pre- ceding period. 3. Informative disclosures in the financial statements are to be regarded as reasonably adequate unless otherwise stated in the report. 4. That Certified Public Accountant shall receive as full compensa- tion for all services and expenses in making said general audit, a sum not to exceed $2,400. Said sum to be paid shall be reflected in final billing and shall be developed in accordance with the following hourly rates: Certified Public Accountant acting as Supervisor $. 15.00 Certified Public Accountant acting as Senior 12.50 Non -Certified Senior9.00 Junior Accountant 8.00 Clerical 5.00 5. That in the event said audit develops irregularities or unfore- seen.conditions requiring investigation beyond the scope of the regular -2- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 29 30 31 32 ILI :i�.cY•i dl• audit, report such conditions shall be made and should further investigation be directed, additional compensation therefor shall be allowed as may then be agreed upon. 6. That should the City desire a more detailed or further examina- tion of the books, records, accounts and files of any officer, office or department of the City, the same shall be made by Certified Public Account - and for an additional sum developed at the same rate as set forth in Para- graph 4 herein. 7. That Certified Public Accountant will deliver the final audit report on or before August 15, 1970, providing all City books have been closed timely and are available as required during the course of the ex- amination. As many copies of the audit report"as may be required by the City shall be supplied -by the Certified Public Accountant. CITY OF MORRO SAY Dated: September 24, 1969 By FRED R. DONOHOO, Mayor Pro Tem. ATTEST: City C1@rk Dated: Se ,6 f M'. E. WILLEFORD Certified Public Accountant -3- RESOLUTION NO. 82-69 RESOLUTION APPROVING SETTLEMENT AGREEMENT WITH GREEN -WEST -ACRES, A CALIFORNIA CORPORATION 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 hereby approves the Agreement and Release by and between the City of Morro Bay and Green -West -Acres, a California corporation, including the surrender of leasehold on tide and submerged lands Lease Sites No. 300 and 301W, a copy of which Agreement and Release is attached and made a part hereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to sign said Agreement on behalf of the City of Morro Bay. On motion by Councilman Keiser and seconded by Council- man Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT:Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem ATTEST: M. J."ITTLE, City Clerk AGREEMENT AND RELEASE The City of Morro Bay, a municipal corporation, as successor in interest as Owner to the County of San Luis Obispo, California, and herein called CITY, and Green -West -Acres, a. California corporation, herein called GREEN -WEST, Tenant, enter into this Agreement as of the 15th.day of September, 1969. For a valuable consideration, the receipt and adequacy of which are hereby acknowledged by each party, CITY and GREEN -WEST agree as follows: 1. That certain Lease dated June 4, 1962, as amended, and as entered into by and between the County of San Luis Obispo as Lessor and GREEN-WEST.as Lessee, is cancelled, and of no further force and effect. Said Lease concerns Lease Sites No. 300 and 301W. Lease Site No. 300 is shown on Map No. HL-6A dated April 1, 1963, County of San Luis Obispo, Department of Public Works, Harbor Division, and Lease Site No. 301W (Ferry Terminal) is shown on Map No. HL-7 of said department and dated July 3, 1962. 2. By execution of this document; GREEN -WEST surrenders to CITY all of its interest in and to the aforesaid Lease, as time to time amended, and Lease Sites No. 300 and 301W; and further surrenders any rights of any nature whatsoever to CITY, arising out of the execution of said Lease or amendments thereto. 3. The parties agree that six (6) lots owned of record by GREEN -WEST and located in the vicinity of the aforesaid Lease- hold No. 300, which lots are held of record in fee by GREEN -WEST, will remain the sole property of GREEN -WEST and free from any claim of ownership by CITY. 4. The existing indebtedness of GREEN -WEST to CITY and reflected on the books of CITY in the amount of $10,800.00 for rental due to December 30, 1969, is hereby cancelled, and 0 11 Treasurer of CITY is directed to cancel said indebtedness on the books of CITY. 5. - Upon full execution of this Agreement, CITY shall, immediately pay GREEN -WEST the sum of $15,516.70. This figure represents $13,916.70 rental paid by GREEN -WEST to CITY to date, plus $1,000.00 expended by GREEN -WEST as a contribution to harbor dredging costs; plus $600.00 reimbursement for seeding and attempted soil stabilization of the Lease Site. 6. As additional consideration, GREEN -WEST hereby releases and discharges CITY, its Mayor and Council, and all of its officials and employees of and from any claim or demand of any nature, known or unknown, that GREEN -WEST may have against said CITY, its Mayor, City Council, officials, or employees, arising from CITY'S administration of said Lease Sites No. 300 and 301W; or arising from the aforesaid Lease of June 4, 1962, as a amended, or otherwise; said release being for all of such claims and demands from the beginning of the world until date of this Agreement. 7. Upon the execution of this Agreement terminating and surrendering the Lease as set forth above, and the release herein contained, and upon delivery of good and sufficient Quitclaim by GREEN -WEST to CITY of such Lease Sites No. 300 and 301W as described in said Lease, and additions thereto as set forth in amendments to the Lease of June 4, 1962, CITY releases and discharges GREEN -WEST and its officials, agents, and employees of any and all further claims of any nature whatsoever that CITY now has against GREEN -WEST. 8. The parties agree that the foregoing correctly and fully sets forth each and every term of the Agreement and under- standing by and between said parties; and that no inducement of any nature whatsoever, other than as set forth above, has caused either party to enter into this Agreement; and that this Agreement - 2- can not be modified except by a written document properly executed on behalf of CITY, supported by a resolution of such authority, and on behalf of GREEN -WEST, supported by a resolution of its Board of Directors. 9. This Agreement is authorized by CITY OF MORRO BAY, pursuant to its Resolution No.82-69 and is likewise approved by GREEN -WEST pursuant to resolution of its Board of Directors approving this Agreement, and authorizing execution; such resolution, being dated the 28th day of August 1969. IN WITNESS WHEREOF, this Agreement and Release has been executed as of the 24th day of September , 1969. ATTEST: i M. J.:LITTLE, City Clerk GREEN -WEST -ACRES, a California Corporation BY PRESIDENT BY SECRETARY CITY OF MORRO BAY, a Municipal Corporation BY/�Gl7 FRED R. DONOH00, Mayor Pro Tem -3- RESOLUTION NO. 81-69 RESOLUTION DESIGNATING A MUNICIPAL EMPLOYEE RELATIONS OFFICER 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 has adopted Resolution No. 74-69 entitled "Employer - Employee Relations Resolution of the City of Morro Bay"; and WHEREAS, Section 12 of Resolution No. 74-69 provides that the City Council shall designate, by resolution, a Municipal Employee Relations Officer who shall be the city's principal representative in all matters of Employer - Employee Relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment; and WHEREAS, the City Council did by minute order at the regular meeting held on August 26, 1969 provide that the City Administrator of the City of Morro Bay shall be designated the Municipal Employee Relations Officer: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby designate the City Administrator of the City of Morro Bay to be the Municipal Employee Relations Officer as provided in Section 12 of Resolution No. 74-69 of the City Council of the City of Morro Bay. On motion by Keiser and seconded by Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 �� FRED R. DONOHOO, Mayor Pro Tem ATTEST: M. J T City Cler 0 RESOLUTION NO. 80-69 RESOLUTION APPROVING AMENDMENT TO LEASE WITH UPTE, INC., LEASE SITE NO. 22 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the request has been made by Upte, Inc. for permission to add an additional use, that of operating a gift shop, on its leasehold interest on Lease Site No. 22, as delineated on Parcel Map MB-68-30; and WHEREAS, it is in the public interest that the approval of this amendment be given by the City Council, and providing for an additional rental in the sum of 58 of the gross sales of such gift shop; NOW, THEREFORE, BE IT RESOLVED that consent is here- by given by the City Council of the City of Morro Bay to the Amendment to Lease for Lease Site No. 22 held by Upte, Inc., providing for such additional use and additional rental. On motion by Councilman Keiser and seconded by Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Giannini, Keiser, & Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem ATTEST: 'X--- 2- M. J ITT E, City Clerk a 6 AMENDMENT TO LEASE This Amendment is entered into by and between the City of Morro Bay, a municipal corporation, herein called CITY, and Upte, Inc., herein called UPTE. W I T N E S S E T H WHEREAS, UPTE is the holder of a lease from CITY, entered into for a fifty (50) year term, dated and effective as of October 1, 1968, and as amended by Amendment dated July 30, 1969 concerning tidelands Lease Site No. 22; and WHEREAS, UPTE requests permission to operate a gift shop covering an area of twenty feet (20') along the south line of said Lease Site No. 22 by forty feet (40') frontage along the east line of said lease site, and facing the Embarcadero, all in the City of Morro Bay; and WHEREAS, it is desirable for the proper development that said requested Amendment be permitted; NOW, THEREFORE, CITY and UPTE agree that the aforesaid lease with supporting schedules, as amended, shall be further amended in the following respects only: (1) An additional principal use is added to said lease to permit the operation of a gift shop in addition to the other permitted uses; said gift shop to be located only within a site twenty feet (20') by forty feet (401) located in the southeasterly portion of said Lease Site No. 22, with the forty foot (40') frontage facing on the Embarcadero. (2) In consideration for the foregoing additional permitted use, UPTE shall pay CITY five percent (58) of the gross sales, whether cash or credit, produced or made in said gift shop; it being agreed that this percentage rental shall be in addition to the minimum guaranteed rental or rentals as provided in said lease, as amended; said percentage rental shall be charged in the event the option contained in paragraph 6 of Schedule A of the primary lease, as set forth above, is exercised; or in the event the option for a thirty (30) year term commencing October 1, 1968, as set forth in Amendment to Lease dated July 30, 1969, is exercised. Should neither option for a shorter term be exercised, then no.percentage rental of sales shall be charged. (3) Should UPTE exercise either of its options for a shortened term and at a reduced primary rental, then by each July 31 during the term of this lease, UPTE shall furnish CITY with a statement, certified as correct, which shall set forth the gross sales of the gift shop for the previous twelve (12) calendar months, ending June 30, just concluded; and with statement UPTE shall pay to CITY the additional five percent (5%) rental for the sales as set forth in said statement. (4) Each and all of the other terms, provisions, covenants, and conditions of the lease of October 30, 1968, including Schedules A and A-1, and the Amendment to Lease of July 30, 1969 shall remain in full force and effect except as expressly modified above. IN WITNESS WHEREOF,p the parties have signed this agreement this 74 day of 1969 ATTEST: i M. J.( LITTLE, City Clerk CITY OF MORRO BAY, A Municipal Corporation BY/�C_t1 UPTE, INC., A Corporation 2 / BY G%l..✓!) C j lam. PRESIDENT �f BY i""•.C.. r-�� �. -2- SECRETARY- �� r a, RESOLUTION NO. 79-69 RESOLUTION REQUESTING THAT THE FISH AND GAME COMMISSION HOLD A SPECIAL EMERGENCY MEETING IN THE CITY OF MORRO BAY TO STUDY THE SEA OTTER - ABALONE CONFLICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the abalone industry was founded in the City of Morro Bay and this city has become world-famous for its abalone; and WHEREAS, the abalone industry has employed the largest single working force in the City of Morro Bay; and WHEREAS, the abalone industry has made a substantial contri- bution to the fishing village atmosphere of the City of Morro Bay; and WHEREAS, residents and tourists enjoy eating, hunting, and diving for abalone in the areas adjacent to the city; and WHEREAS, the economy of the city suffered a loss of approxi- mately $300,000 in 1968 over 1967 due to the loss of abalone; and WHEREAS, only 3 miles of the 125 miles of abalone beds north of Morro Bay are still producing abalone; and WHEREAS, 129 sea otter were observed south of the sea otter refuge boundary at the opening of the 1969 abalone season; and WHEREAS, it is well established by the Department of Fish and Game biologists that herd -sized concentrations of sea otter and an abalone sport and commercial fishery cannot coexist; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fish and Game Commission of the State of California be requested to hold a special emergency meeting in the City of Morro Bay at the earliest date possible to hear evidence and to give serious consideration to directing the Department of Fish and Game to immediately remove the sea otter from south of the present sea otter refuge; and BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Reagan, Senator Grunsky, Assemblyman Ketchum, the Director of the Department of Fish and Game, and the Chairman of the Board of Supervisors of San Luis Obispo County. On motion by Councilman Giannini 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 Giannini, NOES: None ABSENT: Councilman Bickford ADOPTED: September 23, 1969 ATTEST: M. JLZITTLt, City Clerk Keiser, & Mayor Pro Tem Donohoo and Mayor Mallery FRED R. DONOHOO, Mayor Pro Tem RESOLUTION NO. 78-69 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM WINFRED C. BROWN TO FRANK AND NAOMI L. BREBES 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 Winfred C. Brown for permission to assign his leasehold interest in Lease Site No. 18 to Frank and Naomi L. Brebes; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assign- ment, 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 Winfred C. Brown of his leasehold interest in Lease Site No. 18 to Frank and Naomi L. Brebes; and 2. That a copy of the Assignment of Lease and Assumption Agreement is made a part of this resolution. on motion by Councilman Keiser and seconded by Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem ATTEST: M. J T E, City Clerk ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT Winfred C. Brown hereby assigns all his right, title, and interest in and to that certain lease dated October 1, 1969 by and between the City of Morro Bay, a municipal corporation, and Winfred C. Brown of Morro Bay, California, concerning that certain tide and submerged lands lease site known as Lease Site No. 18; said property being more particularly delineated on Parcel Map of the City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3 at page 10 of Parcel Maps in the office of the County Recorder of San Luis Obispo, California. The maximum term of said lease is twenty-five (25) years, commencing the 1st day of October, 1969. Reference is made to said lease, a copy of is attached to the original of this Assignment of Lease and Assumption Agreement for further particulars. This assignment is conditioned upon each of the following: (1) Approval of the City of Morro Bay of this lease assignment. Such approval is to be evidenced by a certified copy of the resolution of the City of Morro Bay granting this consent; and (2) The execution of the Assumption Agreement attached hereto. Dated this 24th day of Sel5tember, 1969. Frank Brebes and Naomi L Brebes accept the aforesaid Assignment of Lease, and hereby agree with the assignor and with the City of Morro Bay, a municipal corporation, to assume all of the obligations of the lessee in the aforesaid lease, including the payment of rent at the time and in the manner as therein set forth. Dated: September 24, 1969 SIGNEE Dated: September 24, 1969 AS�SIfto • GNEE 0 0 RESOLUTION NO. 77-69 RESOLUTION AUTHORIZING GRANTING OF LEASE TO WINFRED C. BROWN 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 negotiated with Winfred C. Brown regarding the releasing of Lease Site No. 18; and WHEREAS, it is in the public interest that a new lease be granted to Winfred C. Brown for said lease site; for the purposes, terms, and upon payment of rentals as specified in said lease; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this city, NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the execution of said lease with Winfred C. Brown concerning Lease Site No. 18. On motion by Councilman Giannini 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 Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Councilman Bickford and Mayor Mallery ADOPTED: September 23, 1969 FRED R. DONOHOO, Mayor Pro Tem RESOLUTION NO. 76-69 RESOLUTION AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENT WITH CALIFORNIA DIVISION OF FORESTRY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Mutual Aid Agreement between the Morro Bay Fire Department and the California Division of Forestry will expire on September 15, 1969; and WHEREAS, it is in the best interest of the City of Morro Bay that a Mutual Aid Agreement be continued with the California Division of Forestry; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk of the City of Morro Bay be and are hereby authorized to execute the Mutual Aid Agreement with the California Division of Forestry, a copy of which agreement is attached hereto. On motion by Councilman Bickford and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED:August 26, 1969 w ai WESLEY E. LERY, Mayor ATTEST: M. J. rITTLE, City Cler RESOLUTION NO. 75-69 RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO L. VIRGIL MOORES FOR CONSTRUCTION AND INSTALLATION OF FLOATING BAIT TANKS 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 L. Virgil Moores for the construction and installation of floating bait tanks, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: August 26, 1969 vv�U,WESLEY E6 MALLERY, Mayor ATTEST: M. J. LITTLE, City Clerk 0 RESOLUTION NO. 74-69 EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 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, Chapter 10, Division 4, Title 1 of the Government Code of the State of California was amended effective January 1, 1969 for the purpose of promoting improved employer -employee relations between public employers and their employees by establishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; and WHEREAS, Government Code Section 3507 empowers a city to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the adminis- tration of employer -employee relations; and WHEREAS, the City of Morro Bay desires to adopt such reasonable rules and regulations as authorized by law: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. TITLE OF RESOLUTION This Resolution shall be known as the Employer -Employee Relations Resolution of the City of Morro Bay. SECTION 2. STATEMENT OF PURPOSE The purpose of this Resolution is to implement Chapter 10, Division 4, Title (Sections 3500 et providing orderly employee relation and for resolving and conditions of SECTION 3. DEFIN 1 of the Government Code of the State of California seq.) captioned "Public Employee Organizations", by procedures for the administration of employer- s between the city and its employee organizations disputes regarding wages, hours, and other terms employment.' CTIONS As used in this Resolution, the following terms shall have RESOLUTION NO. 74-69 Page Two the meanings indicated: (a) APPROPRIATE UNIT -- means a unit established pursuant to Section 10 of this Resolution. (b) CITY -- means the City of Morro Bay, a municipal corporation, and where appropriate herein, "City" refers to the City Council, the governing body of said City, or any duly authorized management employee as herein defined. (c) CONSULT OR CONSULTATION IN GOOD FAITH -- means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. (d) EMPLOYEE -- means any person regularly employed by the City except those persons elected by popular vote. (e) EMPLOYEE, CONFIDENTIAL -- means an employee who is privy to decisions of City management affecting employer - employee relations. (f) EMPLOYEE, MANAGEMENT -- means: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; and (2) Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of RESOLUTION NO. 74-69 Page Three such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (g) EMPLOYEE, PROFESSIONAL -- means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical, and biological scientists. (h) EMPLOYEE ORGANIZATION -- means any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City. (i) EMPLOYER -EMPLOYEE RELATIONS -- means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and employees or employee organizations. (j) GRIEVANCE -- as this term is defined in Section 14(a). (k) IMPASSE -- means: (1) A deadlock in the annual (or periodic) discussions between a majority representative and the City over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations RESOLUTION NO. 74-69 Page Four Officer made pursuant to Sections 9, 10, or 11 of this Resolution. (1) MAJORITY REPRESENTATIVE -- means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit. (m) MEDIATION OR CONCILIATION -- means the efforts of an impartial third person, or persons, functioning as inter- mediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion, and advice. Mediation and conciliation are interchangeable terms. (n) MEET AND CONFER IN GOOD FAITH (sometimes referred to herein as "meet and confer" or "meeting and conferring") -- means performance by duly authorized City representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of repre- sentation, including wages, hours, and other terms and conditions of employment, in an effort to: (1) Reach agreement on those matters within the authority of such representatives; and (2) Reach agreement on what will be recommended to the City Council on those matters within the decision - making authority of the City Council. This does not require either party to agree to a proposal or to make a concession. RESOLUTION NO. 74-69 Page Five (o) MUNICIPAL EMPLOYEE RELATIONS OFFICER -- means the City's principal representative in all matters of employer - employee relations designated pursuant to Section 12, or his duly authorized representative. (p) PEACE OFFICER -- as this term is defined in Section 830, California Penal Code. (q) RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee organization which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City. The rights accompanying recognition are either: (1) Formal Recognition -- which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or (2) Informal Recognition -- which is the right to consultation in good faith by all recognized employee organizations. (r) RESOLUTION -- means, unless the context indicates otherwise, the Employer -Employee Relations Resolution of the City of Morro Bay. (s) SCOPE OF REPRESENTATION -- means all matters relating to employment conditions and employer -employee relations, including but not limited to wages, hours, and other terms and conditions of employment. City Rights (Section 5) are excluded from the scope of representation. SECTION 4. EMPLOYEE RIGHTS Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of • C, RESOLUTION NO. 74-69 Page Six employer -employee relations, including but not limited to wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of his exercise of these rights. SECTION 5. CITY RIGHTS The rights of the City include but are not limited to the exclusive right to determine the mission of its constituent depart- ments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and pro- motion; direct its employees, take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; deter- mine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. SECTION 6. MEET AND CONFER IN GOOD FAITH -- SCOPE (a) The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority repre- sentation rights regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment within the appropriate unit. (b) The City shall not be required to meet and confer in u s RESOLUTION NO. 74-69 Page Seven good faith on any subject preempted by Federal or State law, nor shall it be required to meet and confer in good faith on Employee or City Rights as defined in Sections 4 and 5. Proposed amendments to this Resolution are excluded from the scope of meeting and conferring. SECTION 7. CONSULTATION IN GOOD FAITH -- SCOPE All matters affecting employer -employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The City, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer -employee relations matters which affect them. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory. SECTION 8. ADVANCE NOTICE Reasonable written notice shall be given to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or by any board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City or any board or commission of the City determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City or the board or commission of the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation. u RESOLUTION NO. 74-69 Page Eight SECTION 9. PETITION FOR RECOGNITION There are two levels of employee organization recognition - formal and informal. The recognition requirements of each are set forth below. (a) FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the Municipal Employee Relations Officer containing the following information and documentation: (1) Name and address of the employee organization. (2) Names and titles of its officers. (3) Names of employee organization representatives who are authorized to speak on behalf of its members. (4) A statement that the employee organizations has, as one of its primary purposes, representing employees in their employment relations with the City. (5) A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state, or international organization. (6) Certified copies of the employee organization's constitution and by-laws. RESOLUTION NO. 74-69 Page Nine (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. (10) The job classifications or titles of employees in the unit claimed to be appropriate and the approxi- mate number of member employees therein. (11) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (12) A request that the Municipal Employee Relations Officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all RESOLUTION NO. 74-69 Page Ten matters within the scope of representation. (b) INFORMAL RECOGNITION -- THE RIGHT TO CONSULT IN GOOD FAITH: An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the Municipal Employee Relations Officer containing the following information and documentation: (1) All of the information enumerated in (a)(1) through (9) of this Section inclusive. (2) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (3) A request that the Municipal Employee Relations Officer recognize the employee organization for the purpose of consultation in good faith. (c) The petition, including all accompanying documents, shall be verified, under oath, by the Executive Officer and Secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. (d) The Municipal Employee Relations Officer shall grant recognition, in writing, to all employee organizations who have complied with either Section 9(a) or (b) and, • E RESOLUTION NO. 74-69 Page Eleven in addition, Section 9(c) for purposes of consultation in good faith for its members. Employee organizations seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the Municipal Employee Relations Officer that it repre- sents a majority of the employees in the manner prescribed in Section 11 (a) below. No employee may be represented by more than one recognized employee organization for the purposes of this Resolution. SECTION 10. APPROPRIATE UNIT (a) The Municipal Employee Relations Officer, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this Resolution. (2) The history of employee relations: (i) In the unit; (ii) Among other employees of the City; and (iii)In similar public employment. (3) The effect of the unit on the efficient operation of the City and sound employer -employee relations. (4) The extent to which employees have common skills, working conditions, job duties, or similar n RESOLUTION NO. 74-69 Page Twelve educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. (b) In the establishment of appropriate units, (1) Professional employees shall not be denied the right to be represented separately from non-professional employees; and (2) Management and confidential employees who are included in the same unit with non -management or non -confidential employees may not represent such employees on matters within the scope of repre- sentation. SECTION 11. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE -- FORMAL RECOGNITION (a) The Municipal Employee Relations Officer shall: (1) Determine the majority representative of City employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and E RESOLUTION NO. 74-69 Page Thirteen confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from con- sulting with management representatives on employer - employee relations matters of concern to them. (2) Revoke the recognition rights of a majority repre- sentative which has been found by secret ballot election no longer to be the majority representative. (b) The recognition rights of the majority representative designated in accordance with this Section shall not be subject to challenge for a period of not less than twelve months following the date of such recognition. SECTION 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER The City Council shall designate, by Resolution, a Municipal Employee Relations Officer who shall be the City's principal repre- sentative in all matters of employer -employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment. The Municipal Employee Relations Officer so designated is authorized to delegate these duties and responsibilities. SECTION 13. RESOLUTION OF IMPASSES Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: (a) MEDIATION (OR CONCILIATION) (Defined in Section 3(m)) -- All mediation proceedings shall be private. The Mediator shall make no public recommendations nor take any public RESOLUTION NO. 74-69 Page Fourteen position concerning the issues. (b) A DETERMINATION BY THE CITY COUNCIL -- after a hearing on the merits of the dispute. (c) Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be scheduled by the Municipal Employee Relations Officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: (1) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and (2) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point, the matter may be referred to the City Council. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half by the City and one- half by the employee organization or employee organizations. SECTION 14. GRIEVANCES (a) A grievance is any dispute concerning the interpretation or application of this Resolution, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights' decision on wages, hours, and other terms and conditions of employment. RESOLUTION NO. 74-69 Page Fifteen (b) Grievances shall be processed in accordance with procedures established by the City. SECTION 15. MEMORANDUM OF UNDERSTANDING When the meeting and conferring process is concluded between the City and a formally recognized employee organization repre- senting a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives. As to those matters within the authority of the City Council, the memorandum of understanding shall be submitted to the City Council for determination. SECTION 16. RULES AND REGULATIONS The City Council may adopt such rules and regulations necessary or convenient to implement the provisions of this Resolution and Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.). SECTION 17. CONSTRUCTION (a) Nothing in this Resolution shall be construed to deny any person or employee the rights granted by Federal and State laws. (b) The rights, powers, and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution. (c) The provisions of this Resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1968. 11 RESOLUTION NO. 74-69 Page Sixteen SECTION 18. SEPARABILITY If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. On motion by Councilman Bickford and seconded by Councilman Donohoo, the Morro Bay City Council hereby adopts the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: August 26, 1969 WESLEY E. 1 LLERY, Mayor ATTEST: a- .". M. J ITT E, City Clerk RESOLUTION NO. 73-69 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM CHARLES M. UPTEGROVE AND GAYLORD M. UPTEGROVE TO UPTE, INCORPORATED 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 Charles M. Uptegrove and Gaylord M. Uptegrove, co-partners, for permission to assign their leasehold interest in Lease Sites 87, 88, 87W and 88W to Upte, Incorporated; 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 assign- ment by Charles M. Uptegrove and Gaylord M. Uptegrove of their leasehold interest in Lease Sites 87, 88, 87W, and 88W to Upte, Incorporated; and 2. That a copy of the Assignment of Lease and Assumption Agreement is made a part of this resolution. 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 following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT: None ADOPTED: August 26, 1969 ATTEST: M. J. LITTLE, City Clerk o'�,L - g, kA WESLEY E. rLLERY, Mayor • ASSIGNMENT OF LEASE AND ASSUMPTION AGREE14ENT Charles M. Uptegrove and Gaylord M. Uptegrove, a co -partnership, hereby assign all their right, title, and interest in and to that certain lease dated June 7, 1948 by and between the County of San Luis Obispo, to which the City of Morro Bay is successor in interest, i and Harold C. Wilber and Harry M. Wilber, a co -partnership; which lease was assigned to Harold C. Wilber, Harry M. Wilber, and Robert E. Wilber, a co -partnership, by the County of San Luis Obispo on March 18, 1953; and subsequently assigned to Charles M. Uptegrove and Gaylord M. Uptegrove, a co -partnership, by the County of San Luis Obispo on July 3, 1961 concerning that certain tide and sub- merged lands lease site known as Lease Sites 87, 88, 87W, and 88W, said property being more particularly delineated as Parcel No. 21 on Parcel Map of the City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3 at page 10.of Parcel Maps in the office of the County Recorder of San Luis Obispo. The term of.said lease is twenty-five (25) years commencing the 1st day of May, 1948. Reference is made to said lease, a copy of which is attached to the original of this Assignment of Lease and Assumption Agree- ment for further particulars. This assignment is conditioned upon each of the following: (1) Approval of the City of Morro Bay of this lease assignment. Such approval is to be evidenced by a certified copy of the resolution of the City of Morro Bay granting this consent; and (2) The execution.of the Assumption Agreement attached hereto. Dated this day of 1969. CHARLE M: PTEGRO GA L D M. UPTEGROVE Upte, Inc., a corporation, accepts the aforesaid assignment of lease, and hereby agrees with the assignors and with the City of Morro Bay, a municipal corporation, to assume all of the obligations of the lessee in the aforesaid lease, including the payment of rent at the time and in the manner as therein set forth. UPTE, INC., A Corporation POP 1 i � O %s MIR - 2- RESOLUTION NO. 72-69 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1 T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay as follows: WHEREAS, by Resolution No. 59-69 , a public hearing was called for Tuesday, August 26, 1969, at the hour of 7:30 p.m. in the Council Chambers in the Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within that certain area of the city described as follows: All that real property located i County of San Luis Obispo, State on Parcel'Map No. MB-68-30 filed at page 10, on October 10, 1968, County Recorder of said county, n the City of Morro Bay, of California, as shown in Book 3 of Parcel Maps in the office of the described as follows: Beginning at the point of intersection of the southerly line of Beach Street with the westerly line of Front Street, thence westerly along said southerly line of Beach Street, and the westerly extension thereof, to a line parallel with and distant 100.00 feet westerly from the Shore Control line as shown on said map; thence southeasterly along said parallel line to the westerly prolongation of the southerly line of South Street; thence easterly along said prolongation and the southerly line of South Street, to the southwest corner of Parcel No. 52; thence easterly along the southerly line of said parcel, and the easterly extension thereof, to a line parallel with and distant 130.00 feet easterly from the easterly line of Embarcadero Road; thence northwesterly along said parallel line to the southerly line of Pacific Street; thence westerly along said southerly line to southerly extension of the westerly line of Market Avenue; thence northerly along the southerly extension of the westerly line of Market Avenue to the southeast corner of Parcel No. 38; thence northerly and westerly along the easterly line of said parcel, and the northerly extension thereof, to the center line of Morro Bay Boulevard; thence easterly along said center line to the southerly extension of the easterly line of Front Street; thence northwesterly along the easterly line of Front Street, to the southerly line of Beach Street; thence westerly across Front Street to the point of beginning, as shown on attached map marked Exhibit A; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and RESOLUTION NO. 72-69 PAGE TWO WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that, pursuant to Ordinance No. 72 of the City of Morro Bay, the above -described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 1 of the City of Morro Bay. Attached hereto, marked "Exhibit A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said district; and BE IT FURTHER RESOLVED that the Council does hereby fix June 1, 1970 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 1 on or before November 1, 1970 ; and BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 1 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Ordinance No. 72, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities; and BE IT FURTHER RESOLVED that the City Council hereby finds as follows: The Underground Utility District herein created is in the general public interest for the following reasons: (1) "The streets, roads, or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic"; (2) "The said streets, roads, or rights of way adjoin or pass through a public recreation area and an area of unusual scenic interest to the general public. RESOLUTION NO. 72-69 PAGE THREE On motion by Councilman Donohoo and seconded by Council- man Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Mallery NOES: None ABSENT: None ABSTAINED: Councilman Giannini ADOPTED: August 26, 1969 @,,qJ0,4 � V WESLEY E MALLERY, Mayor ATTEST: ZA' /T M. RUC LE, City Clerk RESOLUTION NO. 71-69 RESOLUTION SETTING TAX RATE FOR 1969-70 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, NOW, THEREFORE, BE IT 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 1969-70; 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 Giannini and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the fore- going proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: August 12, 1969 WESLEY E.LLERY, Mayor ATTEST M. ITT E, City Clerk RESOLUTION NO. 70-69 RESOLUTION SETTING TAX RATE FOR 1969-70 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 1969-70, having been approved and adopted by Ordinance No. 78 on June 10, 1969; 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 $42,045,300.00; NOW, THEREFORE, BE IT RESOLVED that the total tax rate on taxable property within the City of Morro Bay for the fiscal year 1969-70 be and is hereby fixed at $ 1.00 on each $100.00 of assessed valuation as established for City tax purposes and which is shown upon the assessment 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 $ .846 . . . . . .089 Equipment Replacement Fund . . . . . . . . . .065 Total Tax Rate. . . . . . . . $1.00 On motion by Councilman Donohoo and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the fore- going proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED:August 12, 1969 WESLEY E. LLERY, Mayor ATTEST: M. J. LIT LE, City Clerk RESOLUTION NO. 69-69 RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 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 does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase cars, pickups, patrol vehicles, solvent, oil, grease, tissue, and papertowels for and on behalf of the City of Morro Bay pursuant to Section 14814, Government Code, and BE IT FURTHER RESOLVED that Carl Ludeman, City Purchasing Agent, is hereby authorized and directed to sign and deliver all necessary requests and other docu- ments in connection therewith for and on behalf of the City of Morro Bay. On motion by Councilman Donohoo and seconded by Councilman Giannini , 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, and Mayor Mallery NOES: None ABSENT:None ADOPTED: August 12, 1969 ATTEST: M. . LITTLE, City Clerk Donohoo, Giannini, Keiser, WESLEY E. MALLERY, Mayor RESOLUTION NO. 68-69 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 on August 30, 1969; and WHEREAS, said activities shall be held on public property, NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Morro Bay is hereby authorized and directed to execute a Use Permit Agreement, a copy of which is attached hereto, authorizing the use of various city streets and other public property to assemble and conduct the annual Morro Bay Rock-O-Rama Parade between the hours of 8:00 a.m. and 6:00 p.m. on August 30, 1969; 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 Councilman Bickford , 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, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT: None ADOPTED:August 12, 1969 WESLEY E. rLLERY, Mayor ATTEST: M. LITTLE, City Clerk RESOLUTION NO. 67-69 RESOLUTION SUPPORTING THE POSITION OF SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS IN OPPOSING THE GRANTING OF A PERMIT BY THE U. S. ARMY CORPS OF ENGINEERS TO BELON OYSTERS OF CALIFORNIA, INCORPORATED FOR THE MOORING OF 23 OYSTER CULTIVATION RAFTS IN MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Belon Oysters of California, Incorporated has applied to the U. S. Army Corps of Engineers for a permit to moor twenty-three oyster cultivation rafts in the waters of Morro Bay; and WHEREAS, the installation of such rafts would create a hazard to navigation on the waters of Morro Bay; and WHEREAS, the Board of Supervisors of the County of San Luis Obispo has, by letter of July 11, 1969 to the U. S. Army Corps of Engineers, officially opposed and protested the granting of said permit; and WHEREAS, the U. S. Army Corps of Engineers is holding a public hearing on September 2, 1969 in the City of Morro Bay, California to consider the application of Belon Oysters of California, Incor- porated for a permit to moor oyster cultivation rafts in Morro Bay: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does support the position of the Board of Super- visors of the County of San Luis Obispo, California in opposing and protesting the granting of a permit to Belon Oysters of California, Incorporated for the installation of twenty-three oyster cultivation rafts in Morro Bay, San Luis Obispo.County, California. On motion by Councilman Keiser and seconded by Councilman Giannini, the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: August 12, 1969 /ArlfT(^/TE S T : M. L T LE, City C er "�w WESLEY Ef MALLERY, Mayor 61 0 RESOLUTION NO. 66-69 RESOLUTION DECLARING ABANDONMENT OF A PORTION OF DUNES 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: RESOLVED that, pursuant to the Street Vacation Act of 1941, the City Council of the City of Morro Bay hereby finds that that certain real property described in Exhibit A hereto, which Exhibit is incorporated herein by reference as though fully set forth, is unnecessary for any present or future public use, and BE IT FURTHER RESOLVED AND ORDERED that the City of Morro Bay hereby vacates and abandons its interest in that certain real property described in Exhibit A, and that the City Clerk be and is hereby directed to record this resolution in the office of the County Recorder of the County of San Luis Obispo. On motion made by Councilman Donohoo 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: August 12, 1969 ATTEST: M. J. LITTLE, City Clerk r Vl WESLEY E. I LLERY, Mayor 0 That portion of Dunes Street (formerly 7th Street) of "The Lands of March and McAllister in the Town of Morro", in the City of Morro Bay, in the County of San Luis Obispo, State of California, as surveyed by H. C. Ward, September, 1886, as per map thereof recorded January 23, 1889 in Book A, Page 159 of Maps, in the office of the County Recorder of said County described as follows: Beginning at a 1" iron pipe marked RCE 11727 at the North- easterly corner of Lot "J" also being the intersection of the Westerly line of Front Street and the Southerly line of Dunes Street (formerly 7th Street), as shown on a Parcel Map No. MB-68-30 filed in Book 3, at Page 10 of Parcel Maps, in the office of the County Recorder of said County; thence along the following courses: 1) North 31002115" West 43.00 feet along the prolongation of the Westerly line of said Front Street; 2) thence leaving said prolongation of the Westerly line, South 50043124" West 58.16 feet to a point on the Southerly line of said Dunes Street; 3) thence along said Southerly line South 89058'45" East 41.88 feet to the point of beginning. Containing an area of 1,237.52 square feet, more or less. EXHIBIT "A" RESOLUTION NO. 66-69 E RESOLUTION NO. 65-69 RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO L. VIRGIL MOORES FOR LEASE SITE 128 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: NOW, THEREFORE, BE IT RESOLVED that that certain document entitled "Waterfront Use Permit Agreement" by and between the City of Morro Bay and L. Virgil Moores, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion by Councilman Giannini and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT: None ADOPTED: July 22, 1969 ATTEST: M. J. 'ITT City Clerk W S Z:�� '�Z� (AA aN WESLEY E. mALLERY, Ma or F% 0 a RESOLUTION NO. 64-69 RESOLUTION RATIFYING AMENDMENTS TO THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, an amendment has been proposed by the San Luis Obispo County and Cities Area Planning Coordinating Council amending the Joint Powers Agreement establishing said Area Council, and WHEREAS, said amendments are in compliance with current State Laws and Federal Policies, and WHEREAS, said amendments to the Joint Powers Agreement have been fully reviewed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay than an amendment to the Joint Powers Agreement for the San Luis Obispo County and Cities Area Planning Coordinating Council attached hereto is hereby approved and made a part of the Joint Powers Agree- ment for the San Luis Obispo County and Cities Area Planning Coordinating Council, and BE IT FURTHER RESOLVED that the Mayor be and is hereby directed to sign said Amended Joint Powers Agreement on behalf of the City Council. On motion by Councilman Donohoo 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: July 22, 1969 WESLEY E. 7 LERY, Mayor ATTEST: M. J.ltTIE, City Clerk AMENDMENT TO JOINT POWERS AGREEMENT FOR SAN, LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL . THIS AMENDMENT, made by and among the incorporated cities of Arroyo Grande, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located entirely within the boundaries of the County of San Luis Obispo, and the County of San Luis Obispo, a political subdivision and one of the counties of the State of Gaiiforniai WITNESSETH: WHEREAS, by Agreement effective December.19, 1967, the parties hereto agreed to the formation of, and created, the San Luis Obispo County and Cities Area Planning Coordinating Council, pursuant to the provisions of Government Code 65600 through 65604, and set forth In said Agreement the terns and conditions governing the organization, powers, and administration of said Council, and declaring therein the necessity and desirability that a single agency be created with authority to advise, plan for, and suggest solutions to common problems in the County and to perform. other coordinating functions; and WHEREAS, Chapter 972 of the Statutes of 1968, makes mandatory certain additions to said Agreement entered into by these parties. NOW, THEREFORE, it is Jointly agreed_by the parties hereto as follows: 1. . The following paragraphs are added to the "Joint Powers Agreement for San Luis Obispo County and Cities Area Planning Ouwdinating Council" entered Into by these parties, effective December 19,. 2..967: 07. The San Luis Obispo County Planning Director shall have change of, handle, and have access to, any property of the San Luis Obispo County and Cities Area Planning Coordinnating Council. Said Pianning.Director shall file with the Council his official bond in the amount of $1,00.0.00, or such additional aisount as may be later provided forAn.the By-Lar•:'. 08. The Treasurer of the County of San Luis Obispo. is designated the.depositary, and he shall have custody `of all the money.of the Council,, from whatever source received. It is further understood that the Audltor-.Controller of the County of San Luis Obispo is,, as such, ' Auditor of the Council. .09. The additional provisions set Forth in -Paragraph 7 and 8, above, shall take effect upon the execution of this Amendment by the Chairman or Mayor, and Clerks; of the legislative bodies of the County of San Luis Obispo and at least four cities which are parties hereto.° CITY OF ARROYO GRANDE By: Mayor 1BY: clerk CITY OF EL PASO de ROBLES By: Clerk CITY OF GROVER CITY By: Maya By: CITY OF MORRO BAY By: Mayor . ey: Clerk .2- Date: Council Resolution No. Date: Council Resclutioii Wos. Date: Council Resolution No. - Date: Council Resolution 11100 ,, COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors:;: . By: Board or Superomsors -3- Date: Date: Resolution No. 6 RESOLUTION NO. 63-69 RESOLUTION REQUESTING UNITED STATES ARMY CORPS OF ENGINEERS TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY IN CONNECTION WITH THE PERMIT APPLICATION OF BELON OYSTERS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Belon Oysters of California, Incorporated, has pending before the Corps of Engineers an application to moor oyster cultivation rafts in Morro Bay, as well as applying for the transfer to it of certain oyster allotments in a portion of Morro Bay, San Luis Obispo County, California; and WHEREAS, the County of San Luis Obispo did by its Resolution No. 69-283 dated May 12, 1969 file its formal objection to the granting of the applications of Belon Oysters, and WHEREAS, certain oyster rafts, cages, and traps have been located in the past in some of the navigable channels in Morro Bay; and WHEREAS, the subject matter is of extreme importance to the people of the City of Morro Bay, to other persons living in the vicinity of Morro Bay, as well as to the County of San Luis Obispo generally, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that this Council formally requests that the United States Army Corps of Engineers defer any action on the pending applications of Belon Oysters of California, Incorporated, until such time as an advertised public hearing can be held by the Army Corps of Engineers either in the City of Morro Bay or other location within the County of San Luis Obispo, State of California. On motion by Councilman Donohoo and seconded by Councilman Bickford , 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: July 22, 1969 ATTEST: M. J.LZITTLE, City Clerk WESLEY E. MA ERY, Mayor RESOLUTION NO. 62-69 RESOLUTION REGARDING HIGHWAY SAFETY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Highway Safety Committee, consisting of a group of interested citizens, including two members of this City Council, Councilman Joseph Giannini and Councilman Wayne Bickford, have made a careful study regarding traffic conditions over and along Highway 1 within the City of Morro Bay, and WHEREAS, said Highway Safety Committee has had conferences with California Division of Highways Officials regarding the need for three-phase traffic signals at the intersections of Highway 1 and Yerba Buena and Highway 1 and San Jacinto Streets; and has also submitted recommendations for a reduction of existing speed limits on Highway 1 from the vicinity of Highway 41 overpass to the Yerba Buena intersection, and WHEREAS, the Division of Highways personnel have agreed to install a yellow blinker light at the intersection of Highway 1 and San Jacinto in this city, and to freshen up and maintain in a brighter condition highway markings at that intersection and at the intersection of Highway 1 and Yerba Buena; but such Division of Highways personnel have recommended against the installation of three-phase traffic signals and reduction of the speed limits along Highway 1 in this area; and WHEREAS, it is the opinion of this City Council that the existing speed limit along Highway 1 between Highway 41 and Yerba Buena is too high, unsafe, and poses a severe hazard to pedestrians as well as vehicles, NOW, THEREFORE, BE IT RESOLVED that this City Council formally commends the Division of Highways for agreeing to the installation of the blinking yellow traffic controls and agreeing to freshen up and make more clear the highway markings at the above intersection; and BE IT FURTHER RESOLVED that this City Council requests the California Division of Highways to reduce the speed limit and to install appropriate signing in that area bounded on the south by the intersection of Highway.1 and Highway 41 and on the north by the intersection of Highway 1 and Yerba Buena; and that such reduction in speed be for a maximum of 45 miles per hour. On motion by Councilman Donohoo 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None , Q ADOPTED: July 22, 1969QA'L v� WESLEY E. LLERY, Mayor ATTEST: 7�t M. LITTLE, City Clerk i f ., RESOLUTION NO. 61-69 RESOLUTION ADOPTING POLICY REGARDING DELINQUENT TIDELANDS LEASE RENTALS T H E C I T Y C O U N C I L City,of Morro Bay, California WHEREAS, the City Attorney of this city did, on June 24, 1969, prepare a memorandum to this City Council regarding the recommended procedure to be followed where there are delinquencies in payment of tidelands lease rentals; and WHEREAS, said memorandum, a copy of which is attached hereto, has been carefully considered by the City Council of this city, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council approves the aforesaid memorandum and hereby adopts as Council policy the recommended procedure regarding lease rentals as set forth in said memorandum. 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 following roll call vote: AYES: Councilmen Bickford, Donohoo, Ciannini, Keiser, and Mayor Mallery NOES: None ABSENT:None ADOPTED: July 22, 1969 WES ^Y E. LLERY,, Mayor ATTEST: i M. J �rIT L , City Clerk June 24, 1969 TO: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: DELINQUENT TIDELANDS LEASE RENTALS INTRODUCTION: It is recommended that a formal policy regarding the payment of tidelands lease rentals be established by the City Council. This will assist the City Administration in carrying out the policy in a standard and businesslike manner. By way of background, it should be pointed out that the California Constitution and other State laws prohibit the giving away of city property. As a corollary, the chief administrative officers of any city and the city finance officer are required to collect all sums owing to the city. While most of the tidelands leases within the city limits of Morro Bay were prepared during the administration of the County of San Luis Obispo, the city has succeeded to all rights of the county in and to said leases, and subject to the terms of the Tidelands Trust. While most rentals are on a current basis, it is noted that several of the lease holders are delinquent in the payment of the agreed rental, and additional semi-annual rental payments will become due July 1, 1969. Each such delinquent tenant has been given an invoice showing the delinquent rental, the lease site area for which the rental is due, plus the additional semi-annual rental due in advance on July 1, 1969. Many of the leases contain a provision that should suit be brought for any unlawful detainer or for rental due under the provisions of the lease, then the lessee is to pay such reasonable attorneys fees that shall be fixed by the court. PROCEDURE REGARDING LEASES: I recommend that the following procedure be followed regarding all leases of city -owned property and city -administered trust properties: 1. In all cases the minimum guaranteed rental should be paid semi-annually in advance; 2. The payment dates of semi-annual payments shall be each July 1 and January 1 during the term of the lease; with suitable adjustments for an initial period of less than 6 months prior to July 1 or January 1; 3. Invoices be mailed to each tenant 15 days in advance of rental payment date; 4. In event payment is not received within 10 days of due date, a written notification be mailed to tenant advising of the delinquency and advising that interest at 7% per annum from due date is added; City Council -2- June 24, 1969 In the event payment is not received within 20 days of due date, plus interest, standard form letter notice be mailed tenant, demanding the immediate payment of the delinquent rent and accrued interest; and advising the tenant that the delinquency is being reported to the City Council with recommendation that appropriate action be authorized by the Council. When authorized by the Council, the staff will then proceed to collect the delinquent rentals and interest, and to declare the lease forfeited for failure to pay rental, if so instructed. The City Attorney is available to assist the Council, or a committee of the Council, and the city staff in refining and developing the precise procedure to be followed for delinquent rentals. Respectfully,Qs �bmitted, �lLl�l��Gc.� JAMES A. MADDEN City Attorney 0 RESOLUTION NO. 60-69 RESOLUTION APPROVING USE PERMIT AND WAIVING LICENSE FEE FOR MORRO BAY MOOSE LODGE 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 Use Permit between the City of Morro Bay and the Morro Bay Moose Lodge for a children's pet zoo and rides to be held during the period of July 29, 1969 through August 3, 1969 is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay, and BE IT FURTHER RESOLVED that the license fee applicable to shows of this nature be waived. On motion made by Councilman Donohoo and seconded by Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT:None ADOPTED: July 22, 1969 f\ ^ .6 Y WESLEY E. MrLERY, Mayor ATTEST: M. City Clerk RESOLUTION NO. 59-69 RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay as follows: WHEREAS, Ordinance No. 72 establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated over- head structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called District, be formed within the following area: All that real property located in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on Parcel Map No. MB-68-30 filed in Book 3 of Parcel Maps at page 10, on October 10, 1968, in the office of the County Recorder of said county, described as follows: Beginning at the point of intersection of the southerly line of Beach Street with the westerly line of Front Street, thence westerly along said southerly line of Beach Street, and the westerly extension thereof, to a line parallel with and distant 100.00 feet westerly from the Shore Control line as shown on said map; thence southeasterly along said parallel line to the westerly prolongation of the southerly line of South Street; thence easterly along said prolongation and the southerly line of South Street, to the southwest corner of Parcel No. 52; thence easterly along the southerly line of said parcel, and the easterly extension thereof, to a line parallel with and distant 130.00 feet easterly from the easterly line of Embarcadero Road; thence northwesterly along said parallel line to the southerly line of Pacific Street; thence westerly along said southerly line to southerly extension of the westerly line of Market Avenue; thence northerly along the southerly extension of the westerly line of Market Avenue to the southeast corner of Parcel No. 38; thence northerly and westerly along the easterly line of said parcel, and the northerly extension thereof, to the center line of Morro Bay Boulevard; thence easterly along said center line to the southerly extension of the easterly line of Front Street; thence northwesterly along the easterly'line of Front Street, to the southerly line of Beach Street; thence westerly across Front Street to the point of beginning, as shown on attached map marked Exhibit A. RESOLUTION NO. 59-69 PAGE TWO NOW, THEREFORE, BE IT RESOLVED as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Morro Bay on August 26, 1969, at the hour of 7:30 p.m. in the Morro Bay Recreation Hall, Shasta and Dunes Street, Morro Bay, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 3. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least thirty (30)'days'prior to the date thereof. 4. The area proposed to be included in the District is shown on that certain map entitled Underground Utility District No. 1 and delineated on Parcel Map MB-68-30, dated July 1, 1969 , 1969, which is on file in the office of the City Clerk of the City of Morro Bay. On motion made by Councilman Donohoo and seconded by Council- man 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT. None ADOPTED: July 22, 1969 ATTEST: aMv-_BITZ0, City Clerk "'l J oz' vvL WESLEY E. MALLERY, Mayor RESOLUTION NO.58-69 RESOLUTION OF INTENTION TO ABANDON A PORTION OF DUNES STREET AND SETTING DATE FOR HEARING 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 intends to vacate, pursuant to the Street Vacation Act of 1941, a portion of Dunes 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, August 12, 1969 at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the matter of vacation of said street, and at the time of said public hearing, any person interested in or objecting to said abandonment may appear and express his views for or against the proposed street abandonment; 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 local circulation within fifteen (15) days from the date of adoption of this resolution and to post notices of street vacation along the line of said street at intervals of three hundred (300) feet or less, at least ten (10) days before the date set for hearing. On motion 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, .Mallery NOES: Councilman Giannini ABSENT: None ADOPTED: July 22, 1969 ATTEST: M. 'J. LIfi-;71 &. EClerk �' , City Donohoo, Keiser and -Mayor v V\ WESLEY E. MALLERY, Mayor R K E T 6 Iti -+{ ' 00 ♦- J N I` 52�1-29'oo'G JI 0pp t!1 z 2 W. p DETAI L 11 I— Q i1 Ut W 1 it ,+1 1 w N ~� ylN J i A Q N � ©3 o: in Ul) d r, W ; 3 > uJ Ul) of 4 rm z�d�- 2I i 3 ED y ¢I W 1 I2I. Q A V E N U`E 3S E OIr P � m ZJ . 0 Es 9 J ;o N� 3� a in P U91-o2',5"� 10.gp' a � m Cl v..za• 1 ` �� F VL yl. a F 1 4a L ppi' rGo1 vrt P. 2 aevza•sz•- y i N��•Oo'.O CII � / 00�' �1 •�Y yp,^Da, � IJ it J %Ali aa. �r_•' ;.p. y. •�' a' o�'�' a 1 1 •. /eq o m �'� to (\ 0 Zm 8 � � �Io 7n 6n•' � 1 iI I ' N teq �• EXHIBIT "A" 0 RESOLUTION NO. 57-69 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM JOHN NOREK TO UPTE, INCORPORATED 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 John Norek for permission to assign his leasehold interest in Lease Site 22 as delineated on Parcel Map MB-68-30 to Upte, Incorporated; 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 John Norek of his interest in Lease Site 22 as delineated on Parcel Map MB-68-30 to Upte, Incorporated; and 2. The above consent is expressly conditioned upon the under- standing 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 assignment 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, as set forth in said lease. 3. Consent is further given for the conditional re -assignment of the lease from Upte, Incorporated, to John Norek as security for the sales transaction. 4. Until the full purchase price is paid by Upte, Incorporated, to John Norek, should there be any default in the payment of rental or in the performance of the other terms of the lease, as amended, by assignee Upte, Incorporated, or any permitted successor in interest, city agrees to give notice of such default not only to Upte, Incorporated, or any successor in interest, but to John Norek or his successor in interest. Such notice shall be in the same form and for the same amount of time as is given to the tenant in possession. On motion by Councilman Donohoo 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT:None ADOPTED: July 22, 1969 ATTEST: M. J. ITT El, City Clerk WESLEY E. ILLERY, Mayor 0 RESOLUTION NO. 56-69 RESOLUTION APPROVING FORM OF LEASE AMENDMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Attorney has reported to this City Council of his extensive negotiations with John Norek regarding the settlement of his phase of the Pipkin litigation, and upon the recommendation of the City Attorney the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED that paragraphs (i) and (ii) appearing on page 16 of the new lease form heretofore tendered to John Norek and identified as "M&H 2-8-69", and approved by this City Council by Resolution No. 24-69 are hereby deleted from the Norek lease, and BE IT FURTHER RESOLVED that the amendment to lease to be entered into between this City and John Norek, a copy of which amendment is attached hereto, is hereby approved, and BE IT FURTHER RESOLVED that it is for the best interest of the City of Morro Bay, the development of the Morro Bay Harbor, and for the promotion of navigation, fisheries, and marine commerce that a shipyard having capacity of hauling and repairing vessels of a length of at least 50 feet be continuously maintained in Morro Bay Harbor, as is provided in such amendment to lease. On motion by Councilman Donohoo and seconded by Council- man 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, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT:None ADOPTED: July 22, 1969 WESLEY E. T LLERY, Mayor ATTEST: M. LIT City Clerk • 1 AMENDMENT TO LEASE 2 3 This amendment is entered into by and between the City of 4 Morro Bay, a municipal corporation,.herein called CITY, and John 5 Norek and Erma Norek, husband and wife, herein called NOREK. 8 W I T N E S S E T H 7 WHEREAS, CITY and NOREK have entered into a fifty (50) year 8 lease dated and effective as of October 1, 1968 concerning Lease 9 Site No. Twenty -Two (22), said lease including Schedules A and A-1; 1011 and 11 WHEREAS, said lease contains an option that may be exercised 12 on or before October 1, 1970 to shorten the term of said lease from 13 fifty (50) years to fifteen (15) years beginning October 1, 1968, 14 and on a percentage rental of sales of goods and services, with 15 one-half (1/2) of minimum rental of the fifty (50) year term, 16 (subject to adjustments) all as contained in said lease and 17 attached schedules; and 18 WHEREAS, it is desirable for the proper development and 19 operation of the harbor of Morro Bay that a shipyard be maintained 20 to'service vessels using said harbor; 21 NOW THEREFORE, CITY and NOREK agree.that the aforesaid lease 22 with supporting schedules shall be amended in the following 23 respects only: 24 (1) An additional option is granted by CITY to NOREK which 25 may be exercised on or before October 1, 1970 by delivering written 26 notice of exercising of option to CITY. The additional option is 27 to modify and change the term of the aforesaid lease to thirty (30) 28 years, commencing October 1, 1968. This is conditioned upon: 29 (2) Good faith operation and maintenance of a shipyard on 30 said Lease Site No. Twenty -Two (22) for continuous operation 31 during the term of thirty (30) years from October 1, 1968; with 32 allied uses to a shipyard being permitted. u 1 2 3 a 5 81, 7' 8 9 10 11 13 14 15 18 17 18 19 201 21 22 23 24 25 28I 27'. 28 29 30 311 321 (3) Said. shipyard at all times shall be capable of handling and hauling vessels to a length of at least fifty (50) feet and weighing twenty (20) tons gross weight. (4) At such time as NOREK or their successors in interest on said lease shall discontinue the primary purpose of this lease, to wit, the operation of a shipyard on said lease site, for a period of thirty (30) days without written consent of CITY, then CITY may notify NOREK of the prior termination of said lease, prior to the expiration of its thirty (30) year term; and in such an event, NOREK may have ninety (90) days from date of said notice to remove all of their personal property and improvements placed on said Lease Site No. Twenty -Two (22). Any property left on said lease site by NOREK upon the expiration of said ninety (90) day period shall be considered abandoned by NOREK and surrendered to CITY, and the ownership of such property, including improvements, shall vest absolutely in CITY. (5) Percentage rental shall be raid by NOREK to CITY, with rental to be paid at the time and in the manner as set forth in the primary lease and schedules; that is, three percent (3%) of the gross receipts from the operation of the shipyard; and the applicable percentage as set forth in Schedule A-1 for any allied purposes such as sale of boats and equipment; and the minimum guaranteed rental shall be one-half (1/2) of the minimum guaranteed rental of the fifty (50) year term, such reduced minimum guaranteed rental being One Thousand Six.Hundred/Five"aiid:•20/100.,Dollars ($1,605.20) per year, subject to adjustments as set forth in Schedule A attached to the primary lease. (6) Each and all of the other terms, provisions, covenants, and conditions of the lease of October 1, 1963 and including Schedules A and A-1 shall remain in full force and effect, except as expressly modified above. (7) It is expressly agreed'that this lease may be extended -2- 11 12 13 14' 15 16 17 18 1911 20 21 22 23 24 25 28 27 28I29 30 31 32 by mutual consent of the parties, and upon such terms and rentals as the parties agree; it being understood, however, that the total of any extension or.renewal of the lease, together with the primary term of the lease shall not exceed a total of fifty (50) years from October 1, 1968. IN WITNESS WHEREOF, the parties have signed this agreement this day of 1969 NOREK ATTEST: M. J. LITTLE, City Clerk JOHN NOREK ERMA NOREK CITY OF MORRO BAY; A Municipal Corporation By JOSEPH C. GIANNINI, Mayor -3- a RESOLUTION NO. 55-69 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF 1.0 M.G. WATER STORAGE TANK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Bovee & Crail Construction Company has submitted the low bid for constructing a 1.0 M.G. water storage -tank in the City of Morro Bay in conformance with plans and specifications approved by the Morro Bay City Council by minute order action on June 10, 1969; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby award the contract for the aforementioned water storage tank to Bovee & Crail Construction Company for the sum of Eighty -Six Thousand Three Hundred Eighteen Dollars ($86,318.00); and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay be and is hereby authorized and directed to sign said contract for and on behalf of said city on execution of the same by Bovee & Crail Construction Company. On motion by Councilman Donohoo and seconded by Councilman Bickford, the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: July 8, 1969`J_S �L/ ` _ 4 WESLEY E MALLERY, Mayor ATTEST: . J.f LITTLE; City RESOLUTION NO. 54-69 RESOLUTION APPROVING LEASE NO. DOT-CG12-3417 WITH U. S. 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 Morro Bay City Council does hereby approve that certain lease No. DOT-CG12-3417 by and between the City of Morro Bay and the U. S. Coast Guard, a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay and the City Clerk be and are hereby autho- rized and directed to sign said lease for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ADOPTED: June 24, 1969� 1AL Wr- v WESLEY E. VLLERY, Mayor ATTEST: 0,4 F w STANDARD FORM 2-EE7 FEBRUARY IM EDITIOfL V U.S.1 Government J L E A S E GENERAL SERVICES ADMINISTRATION Lease for Real Property (Short Form) �23 may1969 o. N DOT-CG12-3417 FPR (61 CFB) 1-I8601 The LESSOR leases m the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT, the described premises on the terms stated herein, including the conditions on the reverse hereof. 1. LOCATION OF LEASED PREMISES MORRO BAY, CALIFORNIA' L DESCRIPTION OFLEASED PREMISES The u se of approx. J.V0 linear feet of dock spact! located on the channel -ward or westerly side of the "T" shaped pier at Morro Bay, California, together with the right.to use the existing water lines and electric conduit on the dock, to make such repairs to said water lines as may be required; and the right of access to and from public roads by the Coast Guard. 3. TERM. To have and to hold: For the term beginning .......... 1.!T.VV. ...1969..................•- --......... th ugh ................,3.�..June. 1�7�....................... 0 June,-1 ... this lease From year to year thereafter, but not beyond ........... 3............%.........................•---•--•-•------------•--.... may be renewed by the Government at the rantal rate indicated herein by giving at least 30 days notice in writing to the Lessor before the lease would other- wise expire, said notice to be computed commencing with the day after the date of mailing. 4. TERMINATION. The Government may terminate this lease at any time by giving at least .....1....y.......... days' written notice m the Lessor. Said notice shall be computed commencing with the day after the date of mailing. S. RENTAL. The Government shall pay the Lessor annual rent of s1.Q0 00 at the end„ ........................ at the rate of Jlr..............---......._.. arof._ea._• fisCal _yre in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: CITY OF MORRO BAY -595-Sixth- Street 595 Harbor Street Morro Bay, California 93442 L SERVICES AND UTILITIES (Ewer "X"in brJor wk ilea to he Provided by Lntor a Pert of zo m) (1) MEAT (S) CHILLED DRINKING WATER (9) TOILET SUPPLIES (r) ELECTRICITY ❑ (6) AIR CONDITIONING -. ❑ (10) JANITOR SERVICE AND SUPPLIES ..................... ' ❑ (B) POWER (SPed.l ee/iP,ml) (1) ELEVATOR SERVICE (11) INITIAL LAMPS. TUBES. (PH9/ewl7r) BALLASTS AND REPLACEMENTS (6) WATER (Het//d reld) - (9) WINDOW WASHING (Q""erly) (IE) MECHANICAL VENTILATION Ja(Il) OTMER(SPKih) See Pr ot• 7 below: T. SPECIAL OR OTHER PROVISION(S) AGREED UPON ' Leased premises to be used for dock space for 95 footvessel,,stora.ge space or other Coast Guard purposes. 'bITY OF MORRO BAY -59-5-S1xth-8tlreet 595 Harbor Street Morro Bay, California 93442 BY________________________________________________________________________________ ________________________________________________________________________________ UNITED STATES OF AMERICA L. PIERRE;Contracting Officer, Twelfth Coast Guard District BY -NNE ........ ........................ ..----------------------•--.........-------------•---•--------•----------------- (SJr/ebre) (08mieJtitle) i i I 0109-200.0508 , I 6 r RESOLUTION NO. 53-69 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE, FISCAL YEAR 1969-70 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 does hereby approve that certain agreement by and between the City of Morro Bay and the Morro Bay Chamber of Commerce for fiscal year 1969-70, a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Morro Bay be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ADOPTED: June 24, 1969 0 '�L WESLEY E. LERY, Mayor cr ATTEST: M. J.6eITTrE7, City Clerk is 1 0 0 III A G R E E M E N 'T 2 3I This Agreement, dated July 1, 1969 for reference purposes, 4 is made and entered into by and between the City of Morro Bay, a 5 municipal corporation,hereinafter referred to as CITY, and the 8 Morro Bay Chamber of Commerce, a non-profit corporation, herein- 7 after referred to as CHAMBER. 8 WHEREAS, CITY desires to promote its advantages as a business, 9 industrial, recreational, and residental center; disseminate 10 information relative thereto; and properly follow up and give 11 consideration to inquiries made from time to time relative to the 12 various activities of the CITY and its possibilities; and 1311 WHEREAS, CITY desires CHAMBER to perform certain promotional 1411and other services for CITY,. which CITY believes will be of great 15 advantage and benefit to the CITY, and the citizens, residents, 18 property owners, and taxpayers thereof, and will promote the 17 general welfare; and 18 WHEREAS, CHAMBER, is organized for such promotional activities 19 on behalf of CITY and is in a position to accomplish such aims 20 and purposes of the CITY in an efficient and economical manner; and 21 WHEREAS, the provisions of the Government Code of the State of 22IICalifornia authorize the expenditure of public funds by a municipal 23 corporation for advertising or publicity as therein and herein 2411 provided; 25 AjpW, THEREFORE, in consideration of the premises and covenants 28 and promises hereinafter set forth the p , parties hereto hereby agree 27 as follows: 28 1. That the foregoing recitals are true and correct and 29 constitute accurate statements of fact herein. 30 2. CHAMBER will maintain a public.office to be identified by 1 a suitable sign that will be readily identifiable by members of the 32 public,,and will provide information to visitors, business and • L-1 1 professional people. A staff member, or member of the CHAMBER, 2 will be available daily during regular office hours, Monday 3 through.Friday. 4 (a) CHAMBER will employ a general office secretary. The 5 secretary's qualifications will include satisfactory performanc 8 in typing, bookkeeping, and office management. 7 (b) It is agreed that the compensation received from 8 CITY may be used to partially defray the operating expenses of 9 CHAMBER, and that all expenditures from these funds shall be 10 subject to audit --,by the CITY. The books'of CHAMBER shall be 11 open to inspection by CITY at any time. 12 (c) CHAMBER will supply maps and promotional literature 13 about Morro Bay , and will maintain files on economic conditions 14 industrial sites, and.general business information about the 15 community. CHAMBER will be responsible for updating published 18 information included in Chamber of Commerce literature. These 17 materials will be available to visitors and potential industri- 18 alists who are seeking information. 19 (d) CHAMBER will also maintain a library of literature, 20 business and telephone directories for p public use. 21 (e) CHAMBER will assist in the promotion of community 22 events such as "Rock-O-Rama" and other celebrations and 23 festivities attracting visitors to the area. It shall be a 24 goal of CHAMBER to attract conventions and conferences to 25 the CITY and to assist them in making arrangements during 28 -• their stay. 27 (f) In all activities, CHAMBER shall be a public 28 relations agency disseminating information and creating good 29 30 will and advancing the development of Morro Bay, its trading and tourist area. CHAMBER furthermore agrees to cooperate in 31 r 32 carrying forward community research studies and to assist in establishing trends for future development. -2- 0 1 2 3 4 (g) CHAMBER will carry on such other duties as may be mutually agreed upon by the parties.hereto to promote the business, industrial, and residential development of CITY. 3. CHAMBER will obtain and maintain in full force and effect during the term of this Agreement, liability insurance protecting CITY against claims and demands resulting from injuries to persons 7 and losses sustained to property upon premises maintained by CHAMBER 8 or during CHAMBER -sponsored activities and events wherever situated, 9 said insurance policy to be in form, amount, and issued by companies 10 satisfactory to CITY. Within ten (10) days of the date the last of 11 the signatories executes this Agreement, CHAMBER will submit to the 12 City Clerk evidence of such insurance. 13 4. CITY shall pay.to CHAMBER a sum of money not to exceed 14 Nine Thousand Two Hundred Seventy -Five Dollars ($9,275.00) for the 15 Fiscal Year 1969-70 for the furnishing of said services on the 18 following conditions: 17 (a) Payments shall be made upon an itemized claim or 18 demand for services rendered or to be rendered, to be approved 19 by CITY. 20 (b) Payments shall be made at the convenience of CITY 21 and all payments are subject to prior approval -of the City 22 Council. 23 (c) Payments may include services for the month of July, 24 '1969 through the month of June, 1970. 25 Cd) None of the funds furnished by CITY hereunder shall 28 be used for printing costs for materials advertising any 27 private business or enterprise. 28 (e) Payments shall be made at the end•of each quarter 29 after submission and approval by the Finance Director of CITY 30 of the expenditure report for that period. 31 S. CITY shall have the right to audit said account at any 32 time.or.from time to time. -3- 1 6. CITY reserves the right to award separate bids for more . 2 specific advertising or promotional projects approved by the City 3 Council during the term hereof. 4 If, at any time, in the opinion of the City Council, CHAMBER 5 is not performing the services required pursuant to this Agreement,. 8 then the City Council may give written notice of such fact, setting 7 forth in detail the CHAMBER'S default, and the CHAMBER must, within 8 thirty (30) days from the date of such written notice, correct 9 such default or the City Council may terminate this Agreement. 10 IN WITNESS WHEREOF, the parties hereto have caused this 11 Agreement to be executed in duplicate on;.the dates indicated below. 12 13 CITY OF MORRO BAY Dated: 15 ATTEST: �. 18 17 M..J. LITTLE, City Clerk 18 19 Dated: 20 ATTEST: 21 22 GLORIA ZANETTI, Secretary 23 24 25 28 27 28 29 30 31 32 WESLEY E. MALLERY, Mayor MORRO BAY CHAMBER OF COMMERCE MARGARET M. BARBERICK, President -4- 0 RESOLUTION NO. 52-69 RESOLUTION APPROVING AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES, CALIFORNIA STATE PERSONNEL BOARD 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 the Morro Bay City Council does hereby approve that certain agreement entitled "Cost Service Contract Agreement" by and between the City of Morro Bay and the State Personnel Board, a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay 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 Bickford and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ADOPTED:June 24, 1969 WESLEY E. FLLERY, Mayor ATTEST: M. J. ITTL , City Clerk COST SERVICE CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this day of 19_, at Sacramento, County of Sacramento, State of California, by and between the STATE PERSONNEL BOARD, through its duly appointed, qualified and acting Executive Officer, hereinafter called the Board, and the , hereinafter called the Local Agency. WITNESSETH That.the parties, for and in consideration of the covenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit A and "Written Examination Price List" marked as Exhibit B which are incorporated herein by reference and made a part hereof. Exhibit B may be amended by the Board from time to time without renegotiating the contract. Further, the parties agree that the Board shall, as a normal course of action, submit invoices covering those services rendered during a calendar month and the Local Agency agrees to.pay such involcAs within sixty days following receipt thereof. The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (4/65), are incorporated by reference and made a part of this contract. The term of the contract commences and terminates This contract may be terminated by either party upon giving the other party 30 days written notice of termination. 5/6� • 0 Exhibit A COST SERVICES CONTRACT RULES AND PROCEDURES Section I - General Conditions In performing the services incident to the planning, scheduling, preparation, construction and rating of written examinations for classifications to be mutually agreed upon by the Local Agency and the Board, the following pro- visions shall govern: a. Scheduling of Examinations. Whenever during the term of this agreement, the Local Agency desires the services of the Board in the preparation of a written examination for a job classification: the Local Agency will submit to the Board a request for such services. Upon the recommendation of the Local Agency the Board shall set examination dates and closing dates for filing applica- tions which will allow sufficient time for examination scheduling and preparation. b. Information to be Furnished by Local Agency. The Local Agency shall supply the Board with a written descrip- tion of the work performed in the classes for which the Local Agency desires an examination prepared, including a statement of the minimum and/or desirable qualifications and the salary of the class. c. Notification of Number of Competitors. Immediately after the closing date for filing applications, the Local Agency will notify the Board of the total number of competitors in each classification. d. Preparation of Test Materials. The Board shall construct an appropriate written examination for each job classification for which an examination has been requested by the Local Agency and agreed upon by the Board. e. Transmittal of Test Materials. The Board shall transmit to the Local Agency sufficient examination booklets, instructions for administering the examination and such other material as the Board may deem necessary. f. Admint.stration of Test and Return of Test Materials. The Local Agency shall administer the examination in accordance with instructions provided by the Board and immediately following the examination will return to the Board all used and unused examination booklets, keyed booklets, scoring keys, instructions, and any other materials furnished by the Board and not consumed (except that in such cases as provided in paragraphs I(i), I(j), and I(m) time extensions may be granted by the Board). g. Re -Use of Test Material. The Local Agency requesting test material for use on a specific date will not be allowed to re -use the tests on another date without prior written permission of the Board. h. Scoring of Tests. The responsibility for the scoring of tests shall be delegated to the Board, except that upon mutual agreement the Local Agency may perform the scoring functions. The Board will score the booklets and report the results, together with a recommended qualifying score, to the Local Agency.within ten working days after the booklets are returned to the Board; provided that in unusual circumstances involving large numbers of competitors or unforeseen difficulties in administration of the test, the Board may extend the period for receipt of results. i. Test Papers Inspection Under Local Agency Policy. If the Local Agency has an officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheets following the examination, and this rule or policy has been submitted in writing to the Board at least 10 days prior to the first examination scheduled under this agreement for which such inspection is desired, the Board will comply with the inspection privileges as officially recognized by the Local Agency except that no inspection shall be allowed for standardized or copyrighted tests, or tests preduplicated as Form Tests or Semi -Form Tests, or of questions not scored by an absolute standard. No candidate is to be allowed to take away with him any notes regarding a test question. Upon request of the Local Agency and when submitted in writing by a candidate who participated in the examination, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. J. Test Papers Inspection Under Board Policy. If the Local Agency has no officially adopted rule or established policy regarding candidates' privilege of inspection a keyed copy of an examination or answer sheet(s) following the exami- nation and wishes to allow such an inspection privilege, the following policy of the Board shall govern: -2- 1. Key Inspection. Inspection of a keyed copy of the examination question hook, which is for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed, will be allowed for the five working days immediately following an examination, providing this has been requested by the Local Agency at least ten days prior to the examination. The inspection time allowed a candidate will not exceed one-half the amount of time originally allowed to answer the question during the administration of the examination. During key inspection a representative of the personnel or administrative office of the Local Agency will be present to assure that the candidate takes no notes of any kind regarding any test materials. Upon request of the Local Agency and when submitted in writing by a candidate who participated in the examination, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. 2. Answer Sheet(s) Inspection. Inspection of a candidate's answer sheet(s), which is for the purpose of detecting whether any clerical or other error has been made in the scoring of the booklet, shall be allowed for a thirty -calendar -day period immediately following the notification to the candidate of examination results. Upon request, the Board will return the candidate's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the Local Agency. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review, during which time a representative of the personnel or administrative office of the Local Agency shall be present to assure that no changes or marks of any kind are made by the candidate;on his answer sheet(s) or the keyed answer sheet(s). 3. Form Tests and Semi -Form Tests Not to be Open for Inspection. Standardized or copyrighted tests, and tests preduplicated as form tests and semi -form tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. k. Retention of Test Material by the Board. The Board shall, if requested by the Local Agency, retain the completed question booklets or answer sheet(s) for such reasonable period of time as the Local Agency's rules may prescribe. -3- i 1. Local Agency Responsibilities. The Local Agency shall perform all parts of the examination process the performance of which has not specifically been requested of and agreed to by the Board and shall assume responsibility for the conformity of the examination process to any applicable laws, rules, or ordinances and for the examination as a whole. m. Continuous Testing. If the Local Agency wishes to administer examinations on a continuous basis for certain mutually agreed upon classes, the Board may, in its discretion, supply the examination booklets, a scoring key and instructions for continuous administration. Administration of examinations on a continuous basis is defined as the retention.and use of examination booklets and instructions one or more times in any month during the'term of this agreement. The Local Agency will score such examinations. n. Security of Test Material. All test materials supplied by the Board under this agreement shall be and remain the property of the Board, and shall be kept confidential. The Local Agency agrees to be responsible for the security of all test materials supplied to the Agency and agrees to reimburse the Board for a portion or all of the replacement costs, as determined by the Board, for test materials that are lost or whose value for testing purposes, in the opinion of the Board, may have been destroyed while said test materials were subject to the custody of the Local Agency. o. Examination Charges. In consideration of the performance by the Board of the various testing services the Local Agency agrees to reimburse the Board in accordance with "Written Examination Price List" (Exhibit B). Section II - Special Services Upon the request of the Local Agency, the Board, in its discretion, shall supply any or all of the following special services: a. Advice and assistance on examining procedures and problems. b. Preparation and distribution of examination publicity. c. Distribution, receipt, and appraisal of applications. d. Preparation, administration and scoring of demonstration tests. e. Advice on and conduct of oral interviews. f. Preparation of eligible lists. g. Other technical personnel services. -4- WRITTEN EXAMINATION PRICE LIST Exhibit B FORM TEST COST Number of Booklets Ordered 1 - 10 11 - 100 101 - 200 200 or more Schedule A (CPS scored and tabulated)* $35 minimum charge Minimum charge plus 90C per booklet over 10 $116 plus 651; per book- let over 100 $181 plus 25C per book- let over 200 'Schedule B (Scored by Local Agency)** $25 minimum charge Minimum charge plus 650 per booklet over 10 $83.50 plus 404:. per booklet over 100 $123.50 plus 15C per booklet over 200 *Plus an additional charge of 65C per candidate for scoring of typing performance tests, and $1.00 per candidate for scoring of stenographic performance tests. **Form tests used by an agency for continuous testing cost $75 a fiscal year. SEMI -FORM TEST COST Number of Booklets Ordered 1 - 10 11 - 100 101 or more CUSTOM TEST COST Schedule A (CPS scored and tabulated) $65 minimum charge Minimum charge plus 90C per booklet over 10 $146 plus 65C per book- let over 100 Schedule B (Scored by Local Agency) $55 minimum charge Minimum charge plus 651; per booklet over 10 $113.50 plus 400 per booklet over 100 The cost of a custom examination is primarily dependent on the amount of staff time spent in selecting and duplicating the appropriate test materials. A pro -rated charge is added to pay for the review and up- dating of existing custom examination materials. If one to fifteen test booklets are ordered, a Cooperative Personnel Services scored custom test will cost approximately $125-140; if locally scored, the cost will be approximately $110-125. Costs are slightly. higher if additional test booklets are ordered. FAIR EMPLOYMENT PRACTICES ADDENDUM 1 . In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, re- ligion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employ- ment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State :. in securing the goods or services hereunder shall'be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (4/65) RESOLUTION NO. 51-69 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 the Morro Bay City Council does hereby approve that certain document entitled "Waterfront Use Permit Agreement" by and between the City of Morro Bay and the California State Polytechnic College Corinthian Sailing Club; and BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Morro Bay be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Bickford 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, Giannini, Keiser, and Mayor Pro Tem Donohoo NOES: None ABSENT: Mayor Mallery ADOPTED: June 24, 1969 n \ ^ n WESLEY E. T LLERY, Mayor � RESOLUTION NO. 50-69 RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM TO SURPLUS EASEMENT 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 been requested to abandon an easement over, along, and under the South- easterly 2 1/2 feet of Lot 3 and the Northwesterly 2 1/2 feet of Lot 2 of Block 8B of Atascadero Beach, in the City of Morro Bay, according to map recorded July 2, 1967 in Book 2, at page 15 of Maps, excepting therefrom the easement over, along, and under the Northeasterly ten feet thereof, and excepting any portion lying within the lines of Fourth and C Streets as shown on said map; and WHEREAS, the City has determined that it has no further need of said easement, and that the granting of a quitclaim of said easement will assist in the development of Lots 2 and 3 in said Block 8B of Atascadero Beach, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized and directed to execute a quit- claim deed in the form attached to this resolution; and BE IT FURTHER RESOLVED that the recordation of said quitclaim deed is not to be done at any expense to this city. On motion 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, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT: None ADOPTED: May 27, 1969 WESLEY E. M6,LERY, Mayor - ATTEST: M. LITTLE, City Clerk RESOLUTION NO. 49-69 RESOLUTION ORDERING CHANGE OF GRADE ON BONITA STREET, RENO COURT, AND ELM AVENUE BETWEEN BONITA STREET AND PICO STREET 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 adopted a Resolution of Intention to Order a Change of Grade on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street, on April 22, 1969, in compliance with the Change of Grade Act of 1909 as set forth in the Streets and Highways Code of the State of California; and WHEREAS, said Change of Grade Act specifies certain procedures to be followed in receiving protests to any proposed change of grade; and WHEREAS, no written protests have been received in the time and manner as specified in said Change of Grade Act; and WHEREAS, Section 8060 of the Change of Grade Act of 1909 pro- vides that if no protests are filed within the time provided, the City Council shall acquire jurisdiction to order the change of grade as proposed by and described in the Resolution of Intention; the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council hereby orders the change of grade on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street as set forth on the plans and specifications on file in the office of the City Clerk and by reference made a part hereof. On motion by Councilman Bickford and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Bickford, Donohoo, Giannini, Keiser,•& -:Mayor Mallery NOES: None ABSENT: None ADOPTED: May 27, 1969 ATTEST: " L M. LITTI&I City Clerk WESLEY'EMALLSRY, Mayor �' RESOLUTION NO. 48-69 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 July 1, 1969, 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. 65-68, passed and adopted on October 22, 1968, is hereby repealed as of July 1, 1969; 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. 48-69 PAGE TWO _ Section-1. "Salary Schedule 1 2 3 4 5 Normal Fi— rT st Full Above Avg. Outstanding Range Hiring Incentive Qualification Performance Performance No. Rate Rate Rate Rate Rate 1 $300 $318 $338 $359 $380 2 309 329 349 369 390 3 318 338 359 380 400 4 329 349 369 390 411 5 338 359 380 400 422 6 349 369 390 411 434 7 359 380 400 422 448 8 369 390 411 434 460 9 380 400 422 448 474 10 390 411 434 460 486 11 400 422 448 474 500 12 411 434 460 486 514 13 422 448 474 500 528 14 434 460 486 514 542 15 448 474 500 528 557 16 460 486 514 542 572 17 474 500 528 557 588 18 486 514 542 572 606 19 500 528 557 588 624 20 514 542 572 606 642 21 528 557 588 624 661 22 542 572 606 642 678 23 557 588 624 661 697 24 572 606 642 678 718 25 588 624 661 697 739 26 606 642 678 718 760 27 624 661 697 739 781 28 642 678 718 760 802 29 661 697 739. 781 822 30 678 718 760 802 845 31 697 739 781 822 869 32 718 760 802 845 895 33 739 781 822 869 921 34 760 802 845 895 947 35 781 822 869 921 973 36 802 845 895 947 1001 37 822 869 921 973 1030 38 845 895 947 1001 1058 39 869 921 973 1030 1088 40 895 947 1001 1058 1116 41 921 973 1030 1088 1145 42 947 1001 1058 1116 1177 43 973 1030 1088 1145 1207 44 1001 1058 1116 1177 1242 45 1030 1088 1145 1207 1274 46 1058 1116 1177 1242 1310 47 1088 1145 1207 1274 1344 48 1116 1177 1242 1310 1382 49 1145 1207 1274 1344 1418 50 1177 1242 1310 1382 1458 RESOLUTION NO. 48-69 PAGE THREE Section 2. Position Classifications DEPARTMENT HEAD CLASSES RANGE SALARY City Administrator 42 947 - 1177 Director of Public Works 40 895 - 1116 Director of Finance 39 869 - 1088 Fire Chief 39 869 - 1088 Police Chief 39 869 - 1088 Director of Planning & Building 39 869 - 1088 ENGINEERING AND BUILDING INSPECTION CLASSES Civil Engineering Assistant II 31 697 - 869 Chief Building Inspector 29 661 - 822 Civil Engineering Assistant I 26 606 - 760 Principal Engineering Aide 23 557 - 697 Building Inspector 22 542 - 678 Senior Engineering Aide 17 474 - 588 Drafting Aide 12 411 - 514 ADMINISTRATIVE, FISCAL, AND CLERICAL CLASSES Planning & Building Superintendent 33 739 - 921 Administrative Assistant 33 739 - 921 Accountant 27 624 - 781 Administrative Aide 17 474 - 588 Legal & Administrative Secretary 14 434 - 542 Account Clerk II 14 434 - 542 Stenographer 13 422 - 528 Account Clerk I 9 380 - 474 Dispatcher Clerk 9 380 - 474 Records Clerk 9 380 - 474 Typist Clerk II 8 369 - 460 Typist Clerk I 4 329 - 411 LIBRARY AND RECREATION CLASSES Director of Parks & Recreation 33 739 - 921 Parks & Recreation Supervisor 24 572 - 718 City Librarian 31 697 - 869 Senior Librarian 21 528 - 661 Junior Librarian 17 474 - 588 MAINTENANCE AND RELATED CLASSES Public Works Superintendent 33 739 - 921 Utilities Foreman 26 606 - 760 Harbor Patrolman 20 514 - 642 Maintenance Leadman 18 486 - 606 Water Works Serviceman 17 474 - 588 Maintenance Man 15 448 - 557 Mechanic 15 448 - 557 Groundskeeper 12 411 - 514 Janitor 10 390 - 486 RESOLUTION NO. 48-69 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 Disposal Plant Disposal Plant Plant Operator Operator II Operator I Section 3. Rules Governing Step Increases 33 33 30 30 26 28 22 24 21 27 18 15 739 - 921 739 - 921 678 - 845 678 - 845 606 - 760 642 - 802 542 - 678 572 - 718 528 - 661 624 - 781 486 - 606 448 - 557 (a) The following rules shall govern step increases for all employees hired hereafter and for employees listed under Section 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, regard- less 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 RESOLUTION NO. 48-69 PAGE FIVE 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 ananniversary 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. (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 applies to the position at of the hiring step shall be ary period. year of service, whichever which employed, regardless considered as a probation - Section 4. Assignment of Employees to Position Classifications (a) The following employees date of this resolution shall be in Section 3. All step increases date of the last step increase as Name Classification hired on or prior to the effective governed by the rules as set forth shall be computed from the effective shown. Range & Step Date of Last As of 7-1-69 Step Increase Blades, R. Police Officer 24 - 5 7-1-68 Bradford, J. Police Sergeant 28 - 5 6-1-67 Cecil, N. Stenographer 13 - 5 3-1-68 Conn, R. Disposal Plant Oper.II 18 - 4 12-1-68 Copeland, A. Waterworks Serviceman 17 - 5 7-1-67 Currens, M. Typist Clerk II 8 - 5 10-1-67 Curtis, G. Police Officer 24 - 2 4-1-69 Donovan, G. Maintenance Man 15 - 5 4-1-69 11 RESOLUTION NO. 48-69 PAGE SIX Name Classification Range & Step Date of Last As of 7-1-69 Step Increase Eidson, J. Fireman 22 - 5 7-1-67 Evans, S. Policewoman 21 - 5 6-1-67 Feierabend, C. Police Sergeant 28 - 5 6-1-67 Fordyce, H. Maintenance Man 15 - 4 2-1-69 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 Hinley, A. Mechanic 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 2-1-69 Johnsrud, V. Account Clerk I 9 - 2 2-1-69 Klein, W. Police Officer 24 - 2 2-1-69 Little, M. City Administrator 42 - 4 9-1-68 Linhares, J. Maintenance Man 15 - 3 4-1-69 Ludeman, C. Finance Director 39 - 5 12-1-67 Madruga, B. Policewoman 21 - 4 8-1-68 Malmquist, J. Police Officer 24 - 4 5-1-69 Marsden, J. Police Officer 24 - 5 12-1-68 Mehaffy, W. Fireman 22 - 2 1-1-69 Morones, F. Maintenance Man 15 - 1 5-1-69 McGrath, M. Maintenance Man 15 - 1 2-1-69 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 - 2 2-1-69 Reynolds, E. Account Clerk II 14 - 5 9-1-67 Richards, D. Chief Disposal Plant Oper. 27 - 4 11-1-68 Rieger, N. Fire Chief 39 - 5 7-1-67 Schacht, R. Police Sergeant 28 - 5 7-1-67 Shelton, V. Maintenance Man 15 - 5 11-1-68 Simpson, R. Typist Clerk I 4 - 2 3-1-69 Smith, M. Disposal Plant Oper. I 15 - 4 10-1-68 Stephens, F. Fire Captain 26 - 5 9-1-67 Stuart, D. Ass't. Public Works Dir. 36 - 4 8-1-68 Thomas, W. Planning & Building Supt. 33 - 2 1-1-69 Valley, K. Engineering Assistant I 26 - 4 8-1-68 Van Dyne, G. Police Officer 24 - 5 7-1-68 Venancio, M. Maintenance Man 15 - 5 10-1-67 Wentzell, C. Legal & Admin. Secretary 14 - 3 9-1-68 Wilde, L. Fireman 22 - 5 7-1-67 Williams, W. Maintenance Leadman 18 - 4 8-1-68 Section 5. Schedule of Salaries for Positions not within the Classifications Plan and Salary Schedule (a) Miscellaneous Classifications Part-time He School Crossing Guard $1.95 per hour Extra Help Minimum hourly rate for the classification RESOLUTION NO. 48-69 PAGE SEVEN Recreation Director $3.76 per hour 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 City Treasurer $1.00 per month $1.00 per month 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, Giannini, Keiser, & Mayor Mallery NOES: None ABSENT:None ADOPTED: May 27, 1969 WESLEY E. *LLERY, Mayor ATTEST: M. Z.iLITTL , City 11 RESOLUTION NO. 47-69 RESOLUTION AWARDING CERTIFICATE OF SERVICE TO CLARENCE N. TEIXEIRA FOR FAITHFUL AND DILIGENT SERVICE TO THE MORRO BAY VOLUNTEER FIRE DEPARTMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Clarence N. Teixeira has been an active member of the Morro Bay Volunteer Fire Department since January 4, 1943; and WHEREAS, Mr. Teixeira has held the position of Captain in this organization since January 1, 1962; and WHEREAS, during his more than 26 years as a volunteer fireman, he has given time from his business and personal life in order to serve this community; and WHEREAS, he is now retiring from his duties as a volunteer fireman NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City•Council hereby commends Clarence N. Teixeira for his faithfulness and diligence in carrying out his duties as a volunteer with the Morro Bay Fire Department, and BE IT FURTHER RESOLVED that a Certificate of Service signed by the Mayor of the City of Morro Bay be awarded to Mr. Teixeira with appropriate ceremonies at a regular meeting of the Morro Bay City Council. 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, Donohoo, Keiser, Mallery & Mayor Giannini NOES: None ABSENT: None ADOPTED: May 20, 1969 /JO EPH C. GIANNINI, Mayor ATTEST: aa. -;� - -- — M. a>' LITTLE, City Clerk 0 0 RESOLUTION NO. 46-69 RESOLUTION AUTHORIZING ACCEPTANCE OF AN EASEMENT FROM AND THE GRANTING OF A QUITCLAIM FOR A PORTION OF AN EASEMENT TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is in the public interest for the City of Morro Bay, a municipal corporation, hereinafter referred to as City, to acquire an easement from the State of California Department of Parks and Recreation, hereinafter referred to as State, for the construction of water storage tanks and water pipe lines, over, under, and across a portion of Morro Bay State Park and shown on the attached map as "Proposed Easement", total 1.650 acres, and WHEREAS, City, as successor in interest to County of San Luis Obispo Waterworks District No. 2, now has an easement from State for water tanks and lines shown on the attached map as "Existing Ridgeway Tanks and Easement", and WHEREAS, some 1.784 acres of the "Ridgeway Easement" are no longer required for existing or additional tank sites, and WHEREAS, State has agreed to grant to City the new 1.650 acre "Proposed Easement" in return for the quitclaim by City of 1.784 acres of excess "Ridgeway Easement", NOW, THEREFORE, BE IT RESOLVED that City hereby accepts the 1.650 acre easement from State and quitclaims to State the 1.784 acres of excess "Ridgeway Easement", and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to execute the "Agreement and Grant of Easement" on behalf of the City of Morro Bay. On motion by Councilman Donohoo and seconded by Councilman Keiser , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Bickford p ADOPTED: May 20, 1969 v G JO EPH C. GIANNINI, Mayor ATTEST: 7 /2/ M. J_/LITTLE,' City Clerk ciry, OF WOHRU BA DEPARTMENT OF PUBLIC WATER DIVISION B<OC4 B4\ s L4S\ ?UN4S 2 k r Ss203 e 9 30 F ° 9 r .e2 z p"+O N9 bf� jb:: y P r..ne•n•r'rr..---- � , s is 1.0 M.G. TANK a o; 0:', o N O Ne9°10•W, 269.47 3 m 0 z ALLESANOR— PROPOSED EASEMENT TOTAL 1.650 ACRES p r-\ FR K Existing Ridgeway Torks W 3 9ss•°o_e ,_ and Easement '-'off 10 e v 3 ' e00.0' _ J — I 41e'0 -N' �+T� TOTAL PROPOSED EASEMENT _ . N99 ♦0`Wp; B.O'..;�: o FOR EXISTING TANKS 0 281 Acres + q —9oo.F — 1 .p W •P N: EXCESS AREA r•".6'.0 Im I, 784 Acres - ..i 3. e.d = _ 3 ° al Service Line to State Pork Facilities P r O �7_ p _ Ne9°•O'V —r�4" a00.0r 2 � PROPOSED EASEMENT FOR WATER STORAGE AND TRANSMISSION MAIN IN STATE •PARK R/W • I "= 200' RESOLUTION NO. 45-69 RESOLUTION ACCEPTING WORK AND DIRECTING CITY CLERK TO RECORD NOTICE OF COMPLETION, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAW LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Engineer of Work for Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, having certified to this City Council that the improvements to be con- structed in said Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, have been inspected and have been found to comply with the approved plans, special provisions, and standard specifications and having recommended that the work be accepted as completed on the 13th day of May, 1969; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that said work is accepted as completed on the 13th day of May, 1969, and the City Clerk of the City of Morro Bay is hereby directed to record a Notice of Completion in the office of the County Recorder of the County of San Luis Obispo. On motion by 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, Mallery, & Mayor Giannini NOES: None ABSENT: None ADOPTED: May 13, 1969 ATTEST- M. J ITT , City Clerk AJO H C. 2E!5EPL, GIANNINI, Mayor 0 RESOLUTION NO. 42-69 RESOLUTION AUTHORIZING SALE OF BONDS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Treasurer of the City of Morro Bay, San Luis Obispo County, California, has filed with this City Council the list of payments received and the list of unpaid assessments in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California; and WHEREAS, said list of unpaid assessments showed that there is a balance of $6,709.68 in unpaid assessments; and WHEREAS, the City Council has advertised for bids for sale of bonds to be issued to represent all unpaid assessments; and WHEREAS, Stone & Youngberg, 1314 Russ Building, San Francisco, California has offered to purchase all of the bonds representing unpaid assessment at the following price, to wit: $6,240.00 and at the following rate of interest: Seven percent (78) per annum commencing May 2, 1969. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that said bonds to be issued to represent unpaid assess- ments be sold to Stone & Youngberg at the price named in their bid on file herein, plus accrued interest from the date thereof until paid. BE IT FURTHER RESOLVED that bonds shall be issued to represent all of the unpaid assessments under the provisions of the Improvement Act of 1911 under the terms and conditions outlined in the Resolution of Intention, on file in these proceedings. On motion by 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, Mallery & Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: April 22, 1969 /_Jj0MP C. GIANNINI, Mayor ATTEST: M. L E, City Clerk 0 RESOLUTION NO. 43-69 RESOLUTION SUPPORTING RECOMMENDATIONS OF CALIFORNIA MARINE AFFAIRS CONFERENCE FOR CALIFORNIA'S NAVIGATIONAL NEEDS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, California - not only a giant among the States in population, growth rate and production, but even when measured against nations - faces increasing inadequacy of its navigation system and facilities, and WHEREAS, the Golden State's role - as the principal logistics base for our nation's Pacific commitments, its growing contributions to a favorable balance -of -payments and the sheet requirement of its dynamic upsurge of people and needs - requires consideration in the light of such imperatives, and WHEREAS, national priorities and historical patterns have in fact reduced the proportionate amount of Federal support and participation in such development; and this downward trend couples with decreasing civil works and navigational funding nationwide - to the detriment of California's accelerating potentials; and WHEREAS, for over a century, the Congress has directed the Corps of Engineers in its constructive leadership in the study, construction, and maintenance of shallow and deep draft channels and ports here. Burgeoning boating population, an extensive coastline uniquely lacking in natural harbors, and our growth of waterborne commerce - all dictate such improvements must continue and increase. Economic vitality is closely tied to improved navigational access, as is job creation and hence social progress, and WHEREAS, for eleven years, the Marine Affairs Conference has studied and recommended such orderly investment of Federal funds. Testimony will again be presented supporting its recommendations for Fiscal Year 1970 appropriations, to maximize efficient realiz- ation of Golden State development, contributions to the national economy and fullest potentials, the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Marine Affairs Conference's recommendations for Federal funding of California navigational needs for the coming fiscal year are hereby endorsed, supported, and urged approved by the Congress. On motion by Councilman Donohoo and seconded by Council- man Bickford , the Morro Bay City Council hereby adopts the fore- going resolution in its entirety by the following roll call vote: AYES: Councilmen Bickford, NOES: None ABSENT: Councilman Keiser ADOPTED: April 22, 1969 ATTEST: M. ../LITTLE, City Clerk Donohoo, Malleryy,�and Mayor Gi_annini /Jt�SEPA. !� r CGIi��L�C/n/�/ GIANNINI, Mayor RESOLUTION NO.44-69 RESOLUTION OF INTENTION TO ORDER A CHANGE OF GRADE ON BONITA STREET, RENO COURT, AND ELM AVENUE BETWEEN BONITA STREET AND PICO STREET T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Change of Grade Act of 1909 sets forth pro- cedures which provide for the changing or modifying of grades of streets in cities; and WHEREAS, the City of Morro Bay intends to construct street improvements on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street which will require a change of grade, the following resolution is herby proposed: RESOLVED that the City Council of the City of Morro Bay intends to order the change of grade of city streets pursuant to the Change of Grade Act of 1909, said change of grade to be on Bonita Street, Reno Court, and Elm Avenue between Bonita Street and Pico Street as shown on the plans on file in the office of the City Clerk which are by reference made a part hereof; and BE IT FURTHER RESOLVED that the City Clerk is hereby author- ized and directed to cause this resolution to be published two times in a newspaper published and circulated within the City of Morro Bay within fifteen (15) days of the date of its adoption; and BE IT FURTHER RESOLVED that any person owning any real property fronting upon the aforementioned streets on which said change of grade is proposed to be made, may, within thirty (30) days after the first publication of this resolution, file with the City Clerk a written protest against such proposed change of grade, said protest to be in a form and in the manner as set forth in the provisions of the Change of Grade Act of 1909. On motion by Councilman Donohoo and seconded by Councilman Bickford , 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, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: April 22, 1969 JOS PH C. GIANNINI, Mayor ATTEST: 4h'_.<54Z"e(' M. LITTLE, City Clerk RESOLUTION NO. 41-69 RESOLUTION APPROVING GRANT OF USE PERMIT TO THE KIWANIS CLUB OF MORRO BAY - ESTERO TO CONDUCT EASTER SUNRISE SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Kiwanis Club of Morro Bay - Estero annually sponsors an interdenominational Easter Sunrise Service; and WHEREAS, said Kiwanis Club has requested the use of certain city property in the vicinity of Morro Rock to conduct said services; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby approve the aforementioned use without fee, and the Mayor be and is hereby authorized and directed to execute a Use Permit Agreement authorizing the use of the parking area on the east side of Morro Rock between the hours of 4:00 a.m.and 4:00 p.m. on April 6, 1969 for the purpose of conducting Easter Sunrise Services. 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, & Mayor Giannini NOES: None ABSENT: None ADOPTED: March 25, 1969 �� P. // JO EPH C. GIANNINI, Mayor ATTEST: M. J L L'E, City Clerk i RESOLUTION NO. 40-69 RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF CALIFORNIA TO ENACT LEGISLATION PROHIBITING OFF -SHORE OIL DRILLING OPERATIONS ALONG THE SAN LUIS OBISPO COUNTY COAST T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, off -shore oil drilling operations on the Federal lease area off the Santa Barbara Coast have caused a disastrous pollution problem; and WHEREAS, off -shore drilling operations along the coast of San Luis Obispo County could result in the same disastrous pollution problem to the beaches of the City of Morro Bay and other beaches in the County of San Luis Obispo: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay request the Legislature of the State of California to enact legislation prohibiting off -shore drilling operations on State property along the San Luis Obispo County Coast; and BE IT FURTHER RESOLVED that the Legislature support Federal legislation to prohibit off -shore oil drilling operations on Federal property along the San Luis Obispo County Coast. On motion 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 Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini NOES:None ABSENT: None ADOPTED: March 25, 1969 JOSEPH C. GIANNINI, Mayor E RESOLUTION NO. 39-69 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO SUPPORT LEGISLATION PROHIBITING OFF -SHORE OIL DRILLING OPERATIONS ALONG THE SAN LUIS OBISPO COUNTY COAST T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, oil drilling operations on the Federal lease area off the Santa Barbara Coast have caused a disastrous pollution problem; and WHEREAS, off -shore drilling operations along the coast of San Luis Obispo County could result in the same disastrous pollution problem to the beaches of the City of Morro Bay and other beaches in San Luis Obispo County: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay request the Board of Supervisors of the County of San Luis Obispo to support legislation to prohibit all off- shore drilling operations along the San Luis Obispo County Coast; and BE IT FURTHER RESOLVED that this resolution, together with a copy of City of Morro Bay resolution requesting the State Legislature to enact legislation prohibiting off -shore oil drilling operations along the San Luis Obispo County Coast, be forwarded to the Board of Supervisors of the County of San Luis Obispo. On motion 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 Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini NOES: None ABSENT: None ADOPTED: March 25, 1969 P. ��� JO EPH C. GIANNINI, Mayor ATTEST: ?M. J. City C 1 er RESOLUTION NO. 38-69 RESOLUTION GRANTING USE PERMIT TO WINFRED C. BROWN FOR WATERFRONT LEASE SITE NO. 18 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: WHEREAS, Winfred C. Brown is the leaseholder of Lease Sites 78-81 and 78W-81W which lease sites are delineated as Lease Site No. 18 on Parcel Map MB 68-30 and, WHEREAS, said lease will expire on June 30, 1969 and, WHEREAS, it is in the public interest to allow Winfred C. Brown to occupy said lease site during the period from July 1, 1969 to September 30, 1969, now therefore, BE IT RESOLVED that the City Council of the City of Morro Bay grant a Use Permit to Winfred C. Brown for Lease Site No. 18 as delineated on Parcel Map MB 68-30 at a monthly rental of $265.83, payable in advance, and BE IT FURTHER RESOLVED the Mayor and City Clerk be and are hereby directed to execute said Use Permit on behalf of the City of Morro Bay. On motion made 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 Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT: None ADOPTED: March 25, 1969 JOSEPH C. GIANNINI, Mayor ATTEST: M. J. "ITTLE', City Clerk RESOLUTION NO. 37-69 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM FRANK BREBES AND NAOMI L. BREBES TO PIERPOINT LANDING,INC. 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 Frank Brebes and Naomi L. Brebes for permission to assign their leasehold interest in Lease Site 29 as delineated on Parcel Map MB 68-30 to Pierpoint Landing, Inc. 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 Frank Brebes and Naomi L. Brebes of their interest in Lease Site 29, as delineated on Parcel Map MB 68-30 to Pierpoint Landing, Inc. 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. 3. Consent is further given for the conditional assignment of the lease from Pierpoint Landing, Inc. to Frank and Naomi L. Brebes as security for the sales transaction. On motion by Councilman,Donohoo and seconded by Councilman Keiser the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT:None ADOPTED: March 25, 1969 v � • �--l�ic�cu«% �)JOSEPH C. GIANNINI - Mayor ATTEST: 4 M. J. ITTLE'- City Clerk RESOLUTION NO. 36-69 RESOLUTION APPROVING AGREEMENT FOR PURPOSES OF ROAD ALIGNMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is in the public interest to re -align the Embarcadero at Dunes Street, and WHEREAS, a parcel of property necessary for said re -alignment is owned by Fredrick C. Witt, Eleanor F. Witt, formerly Eleanor F. Cullity, his wife; and Carl B. Cahill, collectively called Land Owners, NOW THEREFORE, BE IT RESOLVED that that certain document entitled Agreement for Purposes of Road Alignment between said land owners and the City of Morro Bay be approved, and BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and are hereby directed to execute said document on behalf of the City of Morro Bay. On motion made by Councilman Bickford and seconded by Councilman Mallery, the Morro Bay City Council hereby adopts 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: March 25, 1969 J—JOSEPH C. GIANNINI, Mayor ATTEST: M. J LITTLE, City Clerk RESOLUTION NO. 35-69 RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the period of collection of assessment in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, has terminated; and WHEREAS, it is necessary to fix the date of bonds to be issued and authorize sale of bonds which will be issued to represent unpaid assessments; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, San Luis Obispo County, California, that bonds issued in said proceedings shall be dated the 2nd day of May, 1969, and shall bear interest from said date; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to publish Official Notice Inviting Bids for the purchase of bonds, which Notice is attached hereto, marked Exhibit "A" and made a part hereof, said bids to be received at the hour of 2:00 p.m. on the 8th day of April, 1969, at the office of the City Clerk of the City of Morro Bay, City Hall, 595 Harbor Street, Morro Bay, California, at which time and place said proposals will be publicly opened, examined, and declared; and BE IT FURTHER RESOLVED that said Notice shall be published once. On motion made 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 Bickford, Donohoo, Keiser, Mallery, & Mayor Giannini NOES: None ABSENT: None ADOPTED: March 25, 1969 JOSEPH C. GIANNINI, Mayor ATTEST: M. L TLE, City Clerk OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA,. UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVE- MENT ACT OF 1913 AND THE IMPROVEMENT ACT OF 1911 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City Clerk of the City of Morro Bay, San Luis Obispo County, California, located at the City Hall, 595 Sixth Street, Morro Bay, California, 93442, at the hour of 2:00 o'clock P.M. P.M. on the 8th day of April, 1969, for the purchase of bonds of the City of Morro Bay, designated as "Street Improvement Bonds, Series No. 1969-1, Assessment District No. 5,"in the principal amount of $6,709.68. Said bids will be publicly opened, examined and declared at said time and place. These bonds are authorized to be issued, and the assess- ments are authorized to be levied, under the provisions of Reso- lution of Intention No. 60-68 of the City Council of the City of Morro Bay, adopted on the 8th day of October, 1968, and proceedings subsequent thereto. The Resolution of Intention provides with relation to said bonds as follows: NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (78) per annum shall be issued in the manner and form provided in Part 5, Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars ($50.00) or over, the last installment of which bonds shall mature 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 re- deemed 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." AMOUNT OF BONDS: Said bonds will be in the amount of §6,709.68. The total amount of the bid will, therefore, be based on the sure of $6,709.68 for the bonds. •=1- DOW A F_I DATE OF BONDS AND INTEREST RATE: Bonds are to be dated the 2nd day of May, 1969, and will bear interest from said date. Interest rate is fired in the Resolution of Intention at not to exceed seven per cent (7%) per annum. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six months' interest on the bond to which it is attached. The first coupon will be for interest from May 2, 1969, to January 2, 1970. PURPOSE OF ISSUE: Said bonds are authorized to be issued by the City Council of the City of Morro Bay, San Luis Obispo County, California, by Resolution of Intention No. 60-68 and proceed- ings subsequent thereto. The purpose is for the construction of a domestic water supply system and appurtenances. The assessment district is designated as "Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California," and reference for details is made to the proceedings for the formation and completion of said assessment district. PAYMENT: Both the principal and interest are payable in lawful money of the United States of America at the office of the City Treasurer, City Hall, Morro Bay, California. AUTHORITY FOR ISSUANCE: Said bonds were authorized to be issued by the proceedings in said assessment district, and said assessment district was organized and consummated under the provi- sions of the Municipal Improvement Act of 1913 and bonds provided to be issued under the Improvement Act of 1911 of the State of California. CALLABLE BONDS: All bonds are subject to redemption pursuant to .the provisions of the Improvement Act of 1911. Any property owner may redeem any bond at any time by paying the unpaid principal, five per cent, (5%) of the then unmatured principal as premium, and interest to the next succeeding interest coupon date plus'all,penalties accrued and unpaid. -2- is DENOMINATIONS: All bonds will be in the amount of $279.57. Map showing the assessment district and the amount of assessments against each parcel will be furnished upon request at the office of the City Clerk. LEGAL OPINION: The legal opinion of the law firm of Sturgis, Den -bulk, Douglass & Anderson, 1322 Webster Street, Oakland, California, 9461M, approving the validity of said bonds will be furnished to the successful bidder without charge. SECURITY: Said bonds are secured by real property against which each bond is a lien, as provided by the Improvement Act of 1911. HIGHEST BID: Bonds will be awarded to the highest bidder considering the interest rate specified and the premium offered, if any. The highest bid will be determined by deducting the amount of any premium from, or adding the amount of any discount to, the total amount of interest which the 'City of Morro Bay would be required to pay from the date of the bonds to their maturity date, at the coupon rate specified in the bid, and the award will be made on the lowest net interest on the bonds. All bids must provide for payment of accrued interest from the date of bonds to date of delivery. The cost of printing the bonds will be borne by the assessment district. No bid of less than ninety-three per cent (93%) of par will be considered. RIGHT OF REJECTION: The City of Morro Bay reserves the right at its discretion, to reject any and all bids and to waive any irregularity or informality in any bid. Any bid submitted must be in strict conformity with this Official Notice Inviting Bids, and without.any qualification. PROMPT AWARD: The City of Morro Bay will take action awarding the bonds or rejecting all bids, not later than 48 hours after the expiration of the time herein prescribed for'the receipt of proposals. -3- 0- PROMPT DELIVERY: Delivery of the bonds will be made to the successful bidder at the office of the City Treasurer, City Hall, Morro Bay, California, as soon as said bonds can be prepared but not earlier than the date of said bonds. Successful bidder, by making a bid, agrees to pay for and take delivery of the bonds within forty-eight (48) hours after notification by the City of Morro Bay that bonds are ready for delivery, but bidder is not obligated to take delivery earlier than the date of the bonds. FORM OF BID: All bids must be for not less than all of the bonds herein offered for sale. Each bid, together with bidder's check, must be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 595 Sixth Street, Morro Bay, California, and endorsed "Proposal for Bonds, Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California." BID CHECK: With each bid must be submitted a certified check or cashier's check for '$500.00 drawn on a bank or trust company transacting business in the State of California, payable to the order of the City of Morro Bay to secure the City of Morro Bay from any loss resulting from the failure of the bidder to comply with the terms of his bid. Checks of the unsuccessful bidders will be re- turned by the City of Morro Bay by mail upon the award of the bonds. Check of successful bidder will be credited upon the purchase price of the bonds, but no interest will be paid on the deposit of any successful bidder. NO -LITIGATION CERTIFICATE: The City of Morro Bay will furnish to the successful bidder,.at the time of the delivery of the bonds a no -litigation certificate, certifying that there is no contro- versy or litigation pending or threatened concerning the validity of the bonds. Dated: March 25,•1969 MALCOLM J. LITTLE, City Clerk City of Morro Bay San Luis.Obispo County, ..California 6 RESOLUTION NO. 34-69 RESOLUTION ADOPTING A BUDGET CALENDAR 1969-70 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 regular and special sessions to consider the matter of adopting a budget for the fiscal year 1969-70 on the dates, or within the periods, as set forth on the attached "Budget Calendar" marked Exhibit "A"; 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 Donohoo 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 Donohoo, Keiser, Mallery & Mayor Giannini NOES: None ABSENT: Councilman Bickford ADOPTED:March 11, 1969 �Z;�WH C. GIANNINI, Mayor ATTEST: 7-A Q 5X M. JLiLITTLE, City Clerk CITY OF MORRO BAY BUDGET CALENDAR 1969-70 FISCAL YEAR Period Activity April 8 City staff submits salary recommendations to City Council April 8-22 City Council conferences on salary recommendations April 8 Submit estimates of assessed valuations and revenues for next fiscal year April 8 Submit preliminary budget for Council con- sideration. Set dates for budget conferences. April 8-May 13 City Council budget conferences May 13 City Council action on salary proposal May 27 Public hearing and consideration of budget June 10 Adopt final budget and appropriation ordinance June 24-30 Compile final budget for duplication July 15-31 Receive certification of assessed valuations August 12 Adopt tax levy August 12-30 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. 34-69 0 RESOLUTION NO. 33-69 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY ART ASSOCIATION 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 "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Art Association is hereby approved by the Morro Bay City Council and the Mayor be and is hereby authorized and directed to sign said Agreement for and on behalf of the City of Morro Bay. On motion 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: March 11, 1969 J v JOS�PH C. GIANNINI, Mayor ATTEST: J.GLITTLE11 City Clerk RESOLUTION NO. 32-69 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 96 AND 96W, RICHEY 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 is mutually agreed between the City Council of the City of Morro Bay and Mrs. Shirley L. Richey, holder of leasehold interest in Lease Sites 96 and 96W, that changes be made in the permitted uses on said Lease Sites: NOW, THEREFORE, BE IT RESOLVED that: (1) The permitted use "building for commercial use" be deleted from the list of permitted uses. (2) The permitted use "outdoor restaurant" be added to the list of permitted uses. BE IT FURTHER RESOLVED that, effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 96 and 96W: Boat landing for commercial use, commercial fish processing plant, and outdoor restaurant. 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: March 11, 1969 JOSEPH C. GIANNINI,.Mayor ATTEST: M. J LITTLE; City Clerk 6 RESOLUTION NO. 31-69 RESOLUTION APPROVING CHANGING NAME OF TENANT ON LEASE (MARRIAGE) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Shirley L. McCutcheon did on July 3, 1961, enter into a lease with the County of San Luis Obispo for Lease Sites 96 and 96W; 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, Shirley L. McCutcheon has subsequently remarried and her name is now Shirley L. Richey; the following resolution is hereby proposed: BE IT RESOLVED that the name of tenant in the lease for Lease Sites 96 and 96W be changed from Shirley L. McCutcheon to read Shirley L. Richey. 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 and Mayor Giannini NOES: None ABSENT: Councilman Bickford ADOPTED: March-11, 1969 JOSE H C. GIANNINI, Mayor ATTEST: M. JV LITTLE, City Clerk RESOLUTION NO. 30-69 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM ROWELL AND TURNER CONSTRUCTION COMPANY TO C. D. SISSEL 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 Rowell and Turner Steel Construction Company for permission to assign their leasehold interest in the lease described as all that part of Blocks 28A, 28B, 28C, 67th and 68th Streets of Atascadero Beach subdivision as shown on map filed for record in Book 2 of Maps at Page 115, San Luis Obispo County records,to Mr. C. D. Sissel; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignee assumes 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 assign- ment by Rowell and Turner Steel Construction Company of their leasehold interest in the above mentioned lease to Mr. C. D. Sissel. (2) That a copy of the attached "Consent to Assignment" shall be made a part of the lease assignment docu- ments; that this "Consent to Assignment" shall be agreed to in writing by Rowell and Turner Steel Construction Company and Mr. C. D. Sissel before being executed by the Mayor and City Clerk of the City of Morro Bay; and that the effective date of the assignment of this lease shall be the date on which this "Consent to Assignment" is executed by the Mayor and City Clerk of the City of Morro Bay. On motion by Councilman Bickford , 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, and Mallery NOES: None ABSENT: Mayor Giannini ADOPTED: March 3, 1969 ATTEST: L ( ) L_./- AJfPH C. GIANNINI, Mayor RESOLUTION NO. 29-69 RESOLUTION APPROVING USE PERMIT AND WAIVING LICENSE FEE FOR MORRO BAY MOOSE LODGE 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 Use Permit between the City of Morro Bay and the Morro Bay Moose Lodge for a one day circus to be held on April 7, 1969 is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay, and BE IT FURTHER RESOLVED that the license fee applicable to circuses be waived. On motion made by Councilman Bickford 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 Bickford, Donohoo, Keiser, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED:February 25, 1969 /VJE AGIANNINI, Mayor ATTEST: i M. 3' LITTLE, City Clerk RESOLUTION NO. 28-69 RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT TO L. VIRGIL MOORES FOR LEASE SITE 128 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 "Waterfront Use Permit Agreement" between the City of Morro Bay and L. Virgil Moores is hereby approved by the Morro Bay City Council, and the Mayor be and is hereby authorized and directed to sign said 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 Bickford , 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, and Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: February 25, 1969 JO EPH C. GIANNINI, Mayor ATTEST: M. LIETTLE, City C er RESOLUTION NO. 27-69 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MORRO BAY AND W. M. LYLES COMPANY FOR WORK TO BE DONE AND APPROVING BONDS IN ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA 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: BE IT RESOLVED by the City Council of the City of Morro Bay, County of San Luis Obispo, State of California, that contract dated the llth day of February, 1969, by and between the City of Morro Bay and W. M. Lyles Company for the work and improvements to be done in Assessment District No. 5, City of Morro Bay, County of San Luis Obispo, State of California, is hereby approved; and 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, said agreement; and BE IT FURTHER RESOLVED that the Labor and Material Bond and the Faithful Performance Bond to secure the per- formance of said contract and to secure payment of labor and material claims be filed with the City Clerk of the City of Morro Bay in said matter, which said Labor and Material Bond and said Faithful Performance Bond are hereby approved. On motion 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: February 25, 1969 • C r Zv JO EPH C. GIANNINI, Mayor ATTEST � J M. "ti LITTLE, City C erk RESOLUTION NO. 26-69 RESOLUTION AMENDING RESOLUTION NO. 20-69 OF THE CITY OF MORRO BAY REQUESTING EMERGENCY DISASTER ASSISTANCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 26th of January, 1969, the President declared a major disaster in the State of California under the provisions of Public Law 875, 81st Congress, as amended; and WHEREAS, by Resolution No. 20-69, the City of Morro Bay requested to the Board of Supervisors of San Luis Obispo County Flood Control and Water Conservation District to request that the Office of Emergency Preparedness arrange to have the appropriate Federal Agency perform the following disaster assistance essential to the health, safety, or welfare of the people and property of this public entity: 1. Re -install two inverted sewer siphons crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. 2. Re -install one water line crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. 3. Restore Morro Creek channel between State Highway No. 1 and the Pacific Ocean, where necessary to protect the above facilities, and WHEREAS, it is now necessary to amend the above referred to Resolution to include additional items of work, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Board of Supervisors of San Luis Obispo County Flood Control and Water Conservation District, State of California, be and is hereby requested to request that the Office of Emergency Preparedness arrange to have the appropriate Federal Agency perform the following disaster assistance essential to the health, safety, or welfare of the people and property of this public entity: 4. Repair approaches to bridges crossing Chorro Creek at South Bay Boulevard. Remove debris and replace shoulders of road in proximity of bridges. 5. Replace 8 inch water line, foot bridge, and access road to Well No. 8 at Canet Road and Chorro Creek. Provide temporary water service to two isolated homes on south side of Chorro Creek. Replace creek bank adjacent to Well No. 8 on Chorro Creek and place rip -rap where necessary. Clear debris from creek as required. 6. Replace section of 8 inch water line exposed by erosion in area west of Banning School south of Highway No. 1. 7. Remove debris from Morro Creek bank east of Hayward Lumber Company and south of Highway No. 41. 8. Replace electric control lines and poles serving four wells in area of Ashurst Ranch. Control lines are situated on north bank of Chorro Creek east of South Bay Boulevard and south of Highway No. 1. RESOLUTION NO. 26-69 PAGE TWO The above items of work, No. 4 to No. 8 inclusive, are requested in addition to those requested by Resolution No. 20-69. This body certifies that, to the best of its knowledge and belief, the requested work is eligible under Public Law 875, 81st Congress, as amended, and agrees to: (2) provide without cost to the United States all lands, easements, and rights -of -way necessary for the accomplishment of the approved work; and (b) hold and save the United States free from damages due to the approved work. On motion by Councilman Donohoo and seconded by Councilman Bickford , 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, and Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: February 25, 1969 �JOPH,�Z; C. GIANNINI, Mayor RESOLUTION NO. 25-69 RESOLUTION CONTINUING CONSIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that consideration of all matters in connection with the above entitled assessment district be, and it is hereby continued to the 22nd day of April, 1969, at the hour of 7:30 p.m. On motion by Councilman Donohoo and seconded by Councilman Keiser, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: February 25, 1969 JOSE H C. GIANNINI, Mayor ATTEST: 7a-g� M. LE, City Clerk RESOLUTION NO. 24-69 RESOLUTION APPROVING FORMS OF PIPKIN SETTLEMENT DOCUMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Resolution No. 18-68, adopted by the City Council of the City of Morro Bay on March 26, 1968, the terms of the settlement of the pending law suit entitled MAY E. PIPKIN, et al., versus STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, AND CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY SUPERIOR COURT CASE NO. 31598, were generally agreed upon as set forth in the stipulation attached to and made a part of such Resolution No. 18-68; and WHEREAS, to implement the terms of settlement, the City Attorney of this City has presented to the City Council the following documents: 1. AGREEMENT PURSUANT TO STIPULATION, and 2. Form of Lease, with attached and supporting exhibits thereto, and 3. Sample form of stipulation; and WHEREAS, copies of such three documents are attached to this resolution, NOW, THEREFORE, BE IT RESOLVED that the completion of the litigation of the aforesaid PIPKIN CASE is in the best interest of the City of Morro Bay and of the people of the State of California; THEREFORE, the Mayor and the City Clerk are authorized and directed to execute the necessary documents, substantially in the form attached hereto, with such parties plaintiff as are entitled thereto. On motion by Councilman Donohoo and seconded by Council- man Bickford , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, and Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: February 25, 1969 JO PH C. GIANNINI, Mayor ATTEST: �?h' / M. LITT E, City Clerk AGREEMENT PURSUANT TO STIPULATION IT IS HEREBY AGREED by and between the City of Morro Bay, a municipal corporation, and such of the parties plaintiff in that certain suit entitled May Pipkin, et al, versus the State of California, et al, Superior Court of the State of California in and for the County of San Luis Obispo No. 31598, whose signatures appear below, as follows: WITNESSETH Pursuant to written stipulation dated March, 1968 by the parties plaintiff and the City of Morro Bay, and in discharge of the obligations of the City thereto, to design and construct certain harbor improvements, and in furtherance of the settlement of such case, the parties to this agreement agree as follows: 1) City agrees with the undersigned plaintiffs that it is developing an improvement program for the harbor and water front area of the City of Morro Bay, the cost of which is estimated to be in excess of $175,000.00. Such costs will be paid for by the City, from funds available including but not limited to Harbor Trust Funds and from funds that may be contributed by other persons, firms, and agencies, public and private. 2) Such harbor improvement and development program shall consist, in the general nature thereof, as improvement to streets, curbs, gutters, parking area, sidewalks, cross walks, landscaping, street lighting, all as generally set, forth in the preliminary sketch and %plans as prepared by Ted White; a copy of which plans is on file in the City Hall in the City of Morro Bay, and a copy of which preliminary sketch, showing the general nature of such 'improvements, was attached as Exhibit C to Stipulation entered into by all plaintiffs in the aforesaid case and the 'City of Morro Bey, under date of March 25, 1968. The general area of such improvements is West of Market and Morro Avenues, North of the South line of South Street, and South of the North line of Beach Street. 3) City has informed the undersigned plaintiffs that the planning of such improvement program is.in the preliminary stages, and the City reserves the privilege, from time to time, to make changes in the design and engineering and the use of construction material in the inclusion, design, location, or size of the streets, of the curbs, of gutters, of sidewalks, and other improvements. 4) City agrees with such plaintiffs who sign this agreement or counterpart thereof that City will commence the construction of the aforesaid harbor and water front area improvements within one year from date of execution of this agreement by City, and will diligently prosecute the construction. 5) it is mutually agreed that the total expenditure for the design, engineering, surveying,.construction and supervision thereof shall be the sum of $175,000.00, and that the City if not obligated under the terms of this.agreement or any prior agreement or stipulation set forth in the Pipkin case to expend in excess of $175,000.00, although 'City may expend an amount in excess thereof, at its election. 6) The parties agree that to date hereof, City has diligently prosecuted litigation regarding the tide and submerged lands in the City of Morro Bay and has been diligent in working to the early settlement of the aforesaid Pipkin case, and has-been diligent in designing the agreed habor improvements. 7) This agreement may be executed in counterparts. DATED this' day of February, 1969. - 2 - CITY OF MORRO BAY BY ' MAYOR CITY OF MORRO BAY ATTEST: BY CITY CLERK City of Morro Bay • u M & H 2-8-69 LEASE THIS LEASE is made and entered into by and between, the CITY OF MORRO BAY, a municipal corporation of the State of California, herein called CITY, and'' " , called TENANTS. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the City limits of City to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and 5 Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislator of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and.agree that on July 17;'1964, the CITY OF MORRO BAY, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968 in the case of CITY OF MORRO BAY, plaintiff, versus County of San Luis Obispo, and State of California, defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said -%tide and submerged • • M & H 2-8-69 lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY OF MORRO BAY upon the date of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, TENANT is cooperating with CITY in the settlement of that certain litigation entitled May E. Pipkin, et al, plaintiffs, versus State of California, CITY OF MORRO BAY, et al, defendants, in the Superior Court of the State of California in and for the County of San Luis Obispo, No. 31598, and the filing of a Stipulation for entry of Judgment in the above entitled case, this stipulation being recognized as an additional consideration for this lease; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon each and all of the terms as therein set forth; NOW THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and'TENANT leases from CITY, the within described premises as herein set forth: as: 1. The property subject to this lease is described This property is delineated on Parcel Map of .the - 2 - 0 M & H 2-8-69 City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3, Page 10 of Parcel Maps in the Office of the County Recorder, San Luis Obispo County, California. 2. The term of this lease shall be fifty (50) years, commencing October 1, 1968 and terminating without notice on September 30, 2018, unless sooner terminated as herein provided. An option for a shorter term of lease, at a reduced minimum annual guaranteed rental is set forth in schedule A attached. 3. The rental is payable by the TENANT to CITY in lawful money of the United States, at the time and in the amounts as set forth in Schedule A attached hereto; without deductions, delay, or offset. 4. CITY and TENANT contemplate that certain harbor improvements will be constructed by CITY pursuant to stipulation filed in the Superior Court of the County of.San Luis Obispo, State of California in the action entitled Pipkin, et al, versus'.State of California, et al, No. 31598. Until July 1, 1970, or until such improvements are'substantjially completed, whichever shall first occur, TENANT shall pay a reduced annual rental of $_ in semi- annual installments, due and payable in advance, on or before January lst for the first installment and July 1st for the second semi-annual installment. For the purposes of this .lease, said harbor development improvements shall be deemed to have been substantially completed, when said improvements have been constructed at a cost of not less than One Hundred Seventy - Five Thousand=Dollars ($175,000.00), including design, engineering, materials, construction, inspection, and incidental. - 3 - M & H 2-8-69 expenses. 5. TENANT agrees that the principal use of the leased premises shall be: and directly allied uses to the foregoing may be made of the premises by TENANT; but no other uses are permitted without first securing the written consent of CITY to such change of such permitted uses. 6. TENANT shall continuously, during the entire term hereof, conduct and carry on TENANT'S aforesaid business on the demised premises and shall keep said premises open for business and cause such business to be conducted thereon during each and every business day for such number of hours each day as is customary for businesses of like character in CITY, or as customary for like businesses in other harbor areas of the State of California, where there is no such comparable business located in the City of Morro Bay; provided, however, that this provision shall not apply if the demised premises shall be closed and the business of TENANT is being temporarily shut down on account of strikes, walkouts, or causes beyond the control of TENANT, or for not over three (3) days out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT. 7. TENANT shall operate TENANT'S business on the. demised premises with due diligence and efficiency and in like manner as comparable businesses in CITY are operated, - 4 - . • M & H 2-8-69 so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT'S business; and TENANT at all times shall carry on said premises, a stock of merchandise of such size, character, and quality as is reasonablydesigned to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. 8. If at any time during the lease term or any extension thereof, the tenancy hereunder is in violation of the trust purposes under which the Premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth on page l of this lease, CITY shall have the right to terminate the violating uses upon giving ninety (96) days written notice to TENANT. 9. TENANT at all times during the lease term shall have deposited with CITY a sum equal to twenty-five percent (25%) of the then current minimum annual rent. This sum shall be held by CITY as security for the faithful performance by TENANT of all of the terms, covenants, and conditions of this Lease by said TENANT to be kept and performed during the lease term or any renewal thereof, If at any, time during the lease term any of the rent herein reserved shall be -overdue and unpaid, or any other sum payable by TENANT to CITY hereunder shall be overdue and unpaid, then CITY may, at its option, appropriate and apply any portion of said deposit to the payment of any such over- due rent or other sum. In the event of the failure of TENANT to keep and perform all of the terms, covenants, and conditions of this lease to be kept and performed by TENANT, CITY may, at its option, appropriate and apply said deposit, or so much thereof as may be necessary to compensate CITY for - 5 - 0 M & H 2-8-69 all loss or damage sustained or suffered by CITY due to such breach on the part of TENANT, Should the entire deposit, or any portion thereof, be appropriated and applied by CITY for the payment of over- due rent or other sums due and payable to CITY by TENANT hereunder, then TENANT shall, upon the written demand of CITY, forthwith remit to CITY a sufficient amount in cash to restore said security to a sum equal to twenty-five per-. cent (25%) of the then current annual rent. Should TENANT comply with all of said terms, covenants, and conditions and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by TENANT to CITY hereunder, the principal sum of said deposit, without interest, shall be returned in full to TENANT at the end of the term of this Lease, or upon the earlier termination of this Lease as herein pro- vided. 10. Prior to the commencement of any phase of future construction, TENANT shall submit to .the Morro Bay Planning Commission for approval and recommendation to the City Council, a Development and Improvement Plan for the leased premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, land- scaping or other improvements to be constructed or installed on each portion of the leased premises, and shall include a detailed estimate of the cost of construction and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. 11. Prior to the commencement of any construction, TENANT shall file with the Morro Bay City Clerk a final detailed estimate of the cost of construction and installation r, L-A M & H 2=8-69 ■% of improvements on the leased premises and post a cash deposit in an amount equal to ten percent (10%) of the. total of said final cost estimate which shall be deposited by CITY in an interest bearing account with a savings institution selected by TENANT. In lieu of the cash deposit aforesaid, TENANT may file with the Morro Bay City Clerk a faithful performance bond, in a form and with a surety company satisfactory to CITY, in the face amount equal to the final detailed cost estimate. 12. CITY hereby consents and agrees that TENANT may encumber the Lease, leasehold estate and the improvements thereon by a Deed of Trust, Mortage, or other security instrument to insure the payment of the promissory note of TENANT. TENANT agrees to promptly notify CITY of any such hypothecation or encumbrance and to provide CITY with a copy of any such Deed of Trust, Mortgage or other security instru- ment. In the event said Deed of Trust, Mortgage or other security instrument should at any time be in default, the CITY hereby agrees that, upon the filing of a written application for consent to the Assignment of this Lease to the lending institution, or to a purchaser for value or assignee to the lending institution,.CITY will give its consent to such Assignment on condition that the prospective assignee is financially reliable and is qualified to conduct the type of business permitted under this Lease. 13. 'TENANT agrees that it will at all times save CITY free and harmless and indemnify it against all claims for labor or materials in connection with any improvement, repairs or alterations on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. In the event that any lien or levy of any nature - 7 - M & H 2-8-69 whatsoever is filed against the leased premises or the leasehold interest, the TENANT shall be required to deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. CITY shall have the right to immediately terminate this Lease in the event the bond required by this paragraph has not been deposited with the CITY within ten days (10) after the filing of such lien or levy. A mortgage or the beneficiary in any deed of trust, which mortgage or deed of trust is on record with CITY, shall have the right to file such a bond on behalf of the TENANT. 14, All structures, installations or improvements of any kind which are placed upon the leased premises by TENANT shall, at the option of CITY, be removed by TENANT within sixty (60) days after the expiration of the term of this Lease (including any extension thereof) or other sooner termination providing CITY gives notice in writing, not later than ninety (90) days prior to the expiration of the lease term, of its decision to require that such improvements be removed. If CITY exercises such option and TENANT fails to remove such installations or improvements within said sixty (60) days,CITY shall have the right to have such installations or improvements removed at the expense of TENANT. If CITY does not exercise such option then the title to such installations or improvements, excluding -all machines, appliances, and trade fixtures placed on the premises by TENANT, shall vest in CITY, and except for such machines, appliances, and trade fixtures, TENANT shall not remove any such improvements. • M & H 2-8-69 15. Except as otherwise provided in Article 16 below, TENANT shall, at its sole cost, keep and maintain the Premises and all improvements of whatever kind that may be now or hereafter erected, installed, or otherwise' made thereon by TENANT, in.good and sanitary order and condition, and shall make all necessary repairs and alterations there- to. TENANT further shall provide proper containers for trash and garbage and keep the premises at all times free and clear of rubbish, debris and litter. 16, CITY. covenants and agrees to keep in proper maintenance and repair all bulkheads or seawalls in the Morro Beach Harbor abutting the demised premises. 17. CITY reserves the right to enter upon the premises, or any portion thereof, from time to time, for the purpose of inspecting or repairing any facilities owned, operated, or controlled by CITY and for. the purpose. of establishing, extending or rebuilding a seawall, quaiwall, bulkhead or mole, conducting dredging operations or other-c' wise to make any such repairs or improvements as are necessary to the continued maintenance or repair of Morro Bay Harbor. 18. Excepting only as in this Lease expressly provided, CITY shall have.no duty, obligation, or liability whatever to care for or maintain the premises. In the event that, by any express provision of this Lease, CITY agrees to care for or maintain the whole or any part of the premises, such agreement on the part of CITY shall constitute a covenant only, and no obligation or liability whatsoever shall exist on the part of CITY unto TENANT by reason thereof unless CITY fails to commence performance of such obligation' with reasonable diligence after receipt of a written notice from TENANT. • M & H 2-8-69 19. TENANT shall not assign or transfer the whole or any part of this Lease or any interest therein, nor sub- lease the whole or any part of the leased premises, nor permit transfer of the Lease or possession of the leased premises by merger, consolidation, incorporation, or dissolution, nor permit sale of a controlling interest without the consent of CITY, evidenced by resolution, first had and obtained. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this Lease and said party does hereby agree to maintain active control and supervision of the operations conducted on the leased premises. CITY shall not unreasonably or arbitrarily with- hold its approval to the assignment or transfer of this Lease to an assignee who is financially reliable and qualified to conduct the business for which this Lease was granted. 20. Other than as set forth in this paragraph, neither the leasehold nor any interest therein of TENANT shall, without the consent of CITY, be assignable or transferable in proceedings by or against TENANT in execution, bankruptcy, insolvency, or in any other manner by operation of law. In the event of TENANT'S bankruptcy or other insolvency proceeding against TENANT, this Lease shall, at the option of CITY, 'immediately cease and terminate and all rights of.TENANT hereunder shall immediately cease. and terminate. In no event shall this Lease be or be treated as, an asset of TENANT after insolvency or adjudication of bankruptcy. Nothing herein contained shall defeat any loan made to TENANT by any financial institution or other lender for value. This lease may be assigned by TENANT as security for a loan for the improvement of the lease premises for the business permitted to be conducted therein,. In the - 10 - M & H 2-8-69 event of default by TENANT of any loan payments to any financial institution or other lender then, upon written request to CITY, CITY will permit the assignment of such lease to such financial institution or other lender for the balance of the term of this lease, providing such assignee maintains each, every and all of the terms and conditions of this.lease, including payment of rental. It is the intention of CITY to cooperate with TENANT in securing adequate financing for the full development and utilization of the.lease premises, subject to the terms of the tidelands and submerged lands trust. Nothing herein contained will prevent the trans- fer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended, so long as Any such successors is reasonably qualified to conduct and business and maintain the terms and conditions of this lease. Probate sale of the leasehold interest will be permitted , providing the buyer is reasonably satisfactory from a financial responsible and business qualification stand- point with CITY. 21. TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT or the leased premises byireason of said Lease or of any appliance, improvement or other development of any nature whatsoever, erected, installed or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises, and TENANT shall pay any fees imposed by law for licenses or permits for any business or activities of TENANT upon the leased premises. 22. CITY shall not be nor be held liable for any damage to the goods, properties or effects of TENANT M & H 2-8-69 or any of TENANT'S representatives, agents, employees, guests, licensees, invitees, or any other person whatso- ever, nor for personal injuries to.or deaths of any person caused by or resulting from any act or omission of any person arising out of TENANT'S use of the leasehold premises. TENANT agrees to indemnify and save CITY and its authorized agents, officers, and employees free and harmless from any of the foregoing liabilities and any cost and expenses incurred by CITY on account of any claim or claims therefore, including reasonable attorney's fees. 23. Additionally to and independently of all other provisions of this Lease, TENANT shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property damage insurance, with the limits of not less than $200,000.00 for injuries to or death of any one (1) person, and $500,000.00 for injuries to or death of any two (2) or more 'persons, and $75,00,0..00.,for property damage, issued by insurers approved in writing by CITY whereof CITY shall be the named or additionally named insured. The terms of said policies may be for such period as shall be designated by TENANT; provided, however, that within two (2) months prior to the expiration of such insurance terms, TENANT shall procure other policies of said 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, CITY shall always be a named insured under the policies of comprehensive public liability and property damage insurance in accordance with the fore- going. Certificates of said insurance, together with the receipts for the payment of premiums for the terms thereof, - 12 - M & H 2-8-69 shall be delivered to CITY within ten (10) days after the. execution of this Lease, and, thereafter within thirty (30) days prior to the expiration of the term of each such policy. Said policies shall contain a non -cancellation -without -notice clause and shall provide that copies .of all cancellation notices shall be sent to CITY. 24. TENANT covenants that it shall maintain at its own expense and keep in full force and effect during the term of this Lease, Workman's Compensation Insurance as provided by law. 25. TENANT, at all times during the lease term, shall maintain in effect, at its own cost, fire insurance with an extended coverage endorsement, approved in writing by CITY, in an amount equal to at least ninety per cent (90%) of the insurable value of the buildings and other improvements on the premises owned by TENANT. Said policies shall contain a non -cancellation -without -notice clause and shall provide that copies of all cancellation notices shall be sent to CITY. All fire insurance money received by either party Shall be held to secure the performance by TENANT of its obligations under this Lease to repair, replace or re- construct any of its buildings, installations or other improvements located on the Premises that have been damaged or destroyed. The available fire insurance proceeds shall be used to repair, replace, and reconstruct any building on the demised premises so damaged by fire. Nothing herein contained shall require TENANT to expend more than the fire insurance proceeds for such purposes. 26. Notwithstanding any provisions herein to the contrary, the terms "assignment", "subletting", "occupation", or "use" shall not be construed or interpreted to mean or include the renting or leasing of boat slips, motel, hotel - 13 - M & H 2-8-69 or apartment accommodations on. the premises. The renting or leasing of boat slips, and motel, or other accommodations shall come under applicable governmental rules and regula- tions, and if TENANT rents or leases any such boat slips or motel or other accommodations, contrary to such rules and regulations, unless such violation should be corrected within ten (10) days after written notice to TENANT, CITY reserves the right to cancel said Lease of any such slip, motel, or other accommodation rented contrary to such applicable rules and regulations and TENANT will refund any advanced rental. 27. Termination of this Lease prior to expiration of the lease term shall not serve to cancel approved sub- leases, but shall operate as an assignment to CITY of any and all such subleases and all rights of TENANT thereunder shall terminate and shall pass to CITY. CITY agrees to be bound by the terms of said subleases so long as sublessees are not in default in the performance of the obligations of said sublease, 28. Not by way of limitation, the following shall be deemed a default by TENANT and a breach of this Lease; any other sum; (a). Failure to pay rent, additional rent or (b) Failure to do, observe, keep and perform any of the terms, covenants, conditions and agreements of this Lease to be done, observed, kept or performed by TENANT; (c) The voluntary or involuntary assignment or transfer of TENANT'S interest in this Lease without prior written consent of CITY, the filing of a voluntary or in- voluntary petition in bankruptcy, or for reorganization, or for an arrangement by or against TENANT if TENANT is a sole proprietor or corporation, or against any member of TENANT - 14 - • PJ M & H 2-8-69 if TENANT is a partnership or joint venture, or adjudication of TENANT as a bankrupt or insolvent, or appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of CITY; or a general assignment by TENANT, or any assignment for the benefit of its creditors; and (d) Failure to immediately commence curing of default involving other than payment of money, and promptly proceed in good faith to rectify the same and prosecute the same to completion with diligence. 29. CITY has the election upon occurrence of the following: (a) If TENANT'S interest or any part of its interest, in this Lease is assigned or transferred, either voluntarily or by operation of law, except with CITY'S prior written consent had and obtained, or if (b) A voluntary petition in bankruptcy or for reorganization or for an arrangement is filed by TENANT, if TENANT is a sole proprietor or corporation,.or is filed by any member of TENANT, if TENANT is a partnership or joint venture,*or if (c) TENANT, or any member of TENANT if TENANT is a partnership or a joint venture, is adjudicated bankrupt or insolvent or makes a general or other assign-. ment for the benefit of creditors or applies for receiver- ship or a trusteeship, or if (d) TENANT fails within sixty (60) days of receipt of written notice fromCITY to obtain dismissal of a petition in bankruptcy or for reorganization or for an. arrangement filed against TENANT, if TENANT is a sole proprietor or corporation, or against any member of TENANT, if TENANT is a partnership or joint venture, or if (e) TENANT fails within sixty (60) days of - 15 - M & H 2-8-69 receipt of written notice from CITY to obtain dismissal of the application of a creditor for the appointment of a receiver or trustee of the business or the assets of TENANT, or of any member of TENANT if TENANT is a partnership or joint venture, except a receiver or trustee appointed at the instance or request of CITY, or if (f) TENANT fails within ten (10) days of receipt of written notice from CITY 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) TENANT, after receipt of written notice from CITY, 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 CITY may have by operation of law, or otherwise provided herein, CITY shall have the right and the option, without any further demand or notice, (and such notice is hereby waived by TENANT) to re-enter the Premises and eject all persons from the Premises, using all reasonable force to do so, and either: (i) Declare this Lease at an end, in which event TENANT shall immediately pay CITY 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. values of the Premises for the balance of the lease term, giving TENANT credit for any unused deposit, as set forth in paragraph 9 above; (ii) Without further notice.and without terminating this Lease, relet the Premises, or any part of -. 16 - . M & H 2-8-69 the Premises, as the agent and for the account of TENANT upon such terms and conditions as CITY 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, reasonable attorneys' fees, any real estate commissions paid, and 'thereafter to payment of all sums due or to become due CITY under this Lease, and if a sufficient sum shall not be realized to pay such sums and other charges, TENANT shall pay CITY any deficiency, not- withstanding CITY may have received rental in excess of the rental stipulated to in this Lease in previous or subsequent months, and CITY may bring an action therefor as such monthly deficiency shall arise. CITY 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 re - letting. 30. Any such right of re-entry reserved to CITY shall be allowed by TENANT without hindrance, and CITY shall not be liable in damages for any such re-entry, or be guilty of trespass or forcible entry. 31. In the event of the bringing of any action i 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. 32. In the event of a default or threatened default - 17 - M & A 2-8-69 by TENANT of any terms,covenants, conditons or agreements of this Lease, CITY shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry or other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude CITY from any other remedy at law or in equity. 33. 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. 34. 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 CITY. All compensation awarded or paid upon the total or partial taking of any buildings and other improvements made by TENANT on the Premises shall belong to TENANT. CITY shall not be entitled to any compensation paid to TENANT for costs incurred by TENANT in removing its furniture, equipment, and trade fixtures from the Premises or from any buildings or improve- ments on the Premises. Nor shall CITY be entitled to any compensation paid to TENANT 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 CITY) or damages`to any personal property or detriment to the business of TENANT, or any special damages (excluding the value of this Lease to CITY) to TENANT. 35. If this Lease is terminated pursuant to paragraphs 33 or 34 above, the rent and all other obligations of TENANT hereunder shall be prorated to the date of termina- tion. 36. The waiver by CITY of any breach of any one or more of the covenants, conditions, or agreements of this M & H 2-8-69 Lease shall not be construed to be a waiver of any other breach of said covenants, conditions, or agreements of this Lease. Nor shall the subsequent acceptance of rent here- under by CITY be deemed to be a waiver of any preceding breach by TENANT of any covenant, condi.tion,.or agreement of this Lease, other than failure of TENANT to pay the particular rental so accepted, regardless of CITY S know ledge of such preceding breach at the time of acceptance of such rent. 37. Any and all notices or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. They shall be served either personally or by registered or certified mail. Any notice or demand to CITY may be given to the.... -CITY CLERK or Mayor of the City of Morro Bay, City Hall, City of Morro Bay, California. demand to TENANT may be given to it at Any notice or Such addresses may be changed by written notice given in writing by either party to other party. 38. Subject to the provisions herein relating to assignment and subletting, each and all of the terms, con- ditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 39. 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. 40. Time is of the essence of each and all of - 19 - • • M&H 2-22-69 the terms and provisions of this Lease, and all covenants, stipulations and agreements, including the agreement to pay rent, in this Lease, shall extend to and bind any per- mitted assigns and permitted sublessees of TENANT. 41. Parties mutually agree, as set forth in paragraph 2 above, that the TENANT is given the option, which may be exercised once only, to have this Lease for a shorter term, and at reduced minimum annual guaranteed rental. This option is set forth in Schedule A attached, and the percentage rental figures, for different business activities, is set forth in Schedule A - 1 attached. Once this option is exercised, it shall be irrevocable. 42. The parties mutually agree that that certain Lease entered into on the day of , 19" '' , by and between the County of San Luis Obispo, one of the Counties of the State of California, as owner, and the undersigned TENANTS as TENANTS, is cancelled effective upon the execution of this Lease. 43. In the event TENANT shall hold over after the expiration of this Lease, such holding over shall be deemed a tenancy from month to month only, at the same monthly rental and upon the same terms, conditions and provisions of this Lease. 44. It is understood by the parties that this Lease contains the entire understanding of the parties, and TENANT, by accepting this Lease, acknowledges that there are no written or oral understanding by the parties in respect to the demised premises, other than as set forth in this Lease. No modification, amendment, or alterations of this Lease shall be valid unless it is in writing and signed by both parties. This Lease may be terminated, modified, or amended, by written mutual consent of CITY and of TENANT. - 20 - 0 0 M&H 2-22-69 IN WITNESS WHEREOF, this Lease has been executed as of th'e' day of 19, by the City of Morro Bay, pursuant to resolution of its City Council, and by TENANTS. A T T E S T: CITY CLERK CITY OF MORRO BAY, a Municipal Corporation BY MAYOR - 21 SCHEDULE .A RENTAL 1. On the first day -of January. 1969, the sum of $ shall be paid by Tenant to City, and a like sum of $ on the first day of each July and January thereafter during the term of this lease. There shall be a pro -rate for any period of less than six (6) months; it being understood that the basic rental shall be paid semi-annually in advance. 2. City and Tenant hereby agree that as of July 1, 1964, the value of the premises, for the purposes of this lease, was $3.50.per square foot of land and $2.00 per square foot of water area, withoutregard to any improvements located on said premises. The annual rent for the premises shall be a sum equal to six percent (6%) 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 Jul 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 beginning April 1 of the prior year and ending March 31 of the year in question and then dividing by twelve. SCHEDULE 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 following year at which time it will be re -adjusted 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. 3. The parties hereto contemplate that the harbor improvements will be constructed as contemplated in the stipulation entered into in the case of Pipkin versus State of California, et al, by October 1, 1970. / Until October 1, 1970, or until said improvements are substantially completed, whichever shall first' occur, Tenant shall pay City a reduced annual rental of $ per year, payable.in semi-annual installments in advance, on or before January 1 and July 1 of each year, commencing January 1, 1969. There shall be an appropriate pro -rate for any period of less than six (6) months. It is agreed that the present rental SCHEDULE A Page 2 is $ per year. For the purpose of this lease, said harbor improvements as referred to above, shall be deemed to have been substantially completed when the improvements as contemplated in the stipulation in said case have been constructed to a cost of $175,000. 4. If said improvements described in said stipulation have not been substantially completed prior to July 1, 1970, and provided that Tenant has not breached any provision or obligation set forth in said stipulation, Tenant shall have an option to terminate this lease by giving City notice in writing of such termination not later than July 15, 1970. 5. 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. The following formula shall be used to adjust the rent: Rent payable July 1, 1993 X (annual rent for to June 30, 1994 = year in question) Consumers Price Index Average monthly index for March, 1993 for year in question The average monthly index shall be computed as set forth in Article 2 herein. 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. SCHEDULE A Page 3 An appraiser shall be appointed by City to appraise the premises to determine its value on March 31, 1993. Within thirty days following written notice to Tenant of the appointment by City of such appraiser, Tenant shall have a right to appoint a second appraiser by serving upon City written notice of such appointment. If such written notice is not served upon City within thirty days, the appraisal shall be made by the appraiser appointed by City and all expenses of the appraisal shall be paid by City. If such written notice is served upon City 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 peemises 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. 6. An option is hereby given by City to Tenant to convert this lease from the foregoing terms to a percentage of, gross sales and income, and with a minimum guaranteed rental of fifty percent (50%) of the six percent (68) valuation as of 1964; but with such reduced minimum guarantee subject to adjustment as set forth in 'Paragraphs.2 and 5 of -this Schedule A. Should Tenant desire to exercise this rental option, Tenant shall notify City -in writing at City Hall in Morro Bay on'or before October 1, 1970 to this effect. This option, when exercised, shall be an irrevocable option and may not thereafter be changed. Should Tenant so exercise its rental option, then the basic term of this lease shall be changed from fifty.(50) years commencing October 1, 1968, to a term of fifteen (15) years, SCHEDULE A Page 4 commencing October 1, 1968; the parties agreeing that the shorter term is a fair and equitable adjustment for the reduction in the guaranteed rental. In addition to the other terms and covenants, and the prompt payment of the reduced minimum guaranteed rental as set forth in this Schedule A, 'Tenant shall: (a) Tenant shall and will pay to City at the times and in the manner hereinafter specified; an additional rental in an amount equal to percent of the amount of Tenant's gross sales (as gross sales are hereinafter defined) made during each calendar quarter of the term hereof, in, upon or from the demised premises, less the aggregate amount of the minimum rentals paid by Tenant during said calendar period, attributed to such quarter, (b) The term gross sales, as used herein, shall (subject to the exception and authorized deductions as herein- after set forth) mean the gross amount received by Tenant from all sales, both for cash and on credit, and in case of sales on credit whether or not payment be actually made therefor; all charges for services, alterations or repairs made in or upon the demised premises; the gross amount received by Tenant for merchandise sold pursuant to orders received in the demised premises, though filled elsewhere; and the gross amount received by Tenant from any and all other sources of income derived from the.business conducted upon the demised premises. (c) There is excepted from Tenant's gross sales (as said term is used herein) the amount of all sales tax receipts which has to be accounted for by Tenant to any government or governmental agency. There shall be deducted from Tenant's gross sales (for the purpose of accounting to City), the amount of any actual refunds or credits made by SCHEDULE A Page 5 Tenant for returned merchandise,..the amount whereof had theretofore been included by Tenant in Tenant's gross sales. (d) Tenant shall keep full, complete and proper books, records and accounts of the gross sales (as the term gross sales is used herein), both for cash and on credit of each separate department and concession at any time operated in the demised premises; said books, records and accounts, including any sales tax reports that Tenant may be required to furnish any government or governmental agency, shall at all reasonable times be open to the inspection of Tenant, Tenant's auditor or other authorized representative or agent. (e) Within thirty (30) days after the end of each calendar quarter commencing with the 30th day of January 1971, Tenant shall furnish City with a statement, to be certified as correct by Tenant or the employee of Tenant authorized so to certify, which shall set forth the gross sales (as herein defined) of each department and concession operating in the demised premises for the calendar quarter just concluded, and the authorized deductions, if any, therefrom. Within thirty. (30) days immediately follow- ing the end of each leasehold year, Tenant shall furnish City with a statement of the gross sales during the year so concluded of each of its.said departments and concessions separately, and the amount of any authorized deductions therefrom (including therein the aggregate of the minimum guaranteed rental paid during said year); said last mentioned statement shall be certified as correct by Tenant or the employee of Tenant.authorized so to certify, and with it Tenant shall pay to City the amount of the additional rental which is payable to City as shown thereby. If Tenant shall SCHEDULE A Page 6 at any time cause an audit of Tenant's business to be made by a public accountant, Tenant shall furnish City with a copy of said audit without any cost or expense to City. City may, once in any calendar year, cause an audit of the business of Tenant to be made by a public accountant of City's own selection and if the statements of gross sales previously made by Tenant to City shall be found to be less than the amount of Tenant's gross sales shown by such audit, Tenant shall immediately pay the cost of such audit as well as the additional rental therein shown to be payable by Tenant to City; otherwise the cost of such audit shall be paid by City. (f) The acceptance by City of any moneys paid to City by Tenant as additional rental for the demised premises as shown by any statement furnished by Tenant shall not be an admission of the accuracy of said statement, or of the sufficiency of the amount of said additional rental payment, but City shall be entitled at any time within two (2) years after the receipt of any such additional rental payment to question.the sufficiency of the amount thereof and/or the accuracy of the statement or statements furnished by Tenant to justify the same. For the purpose of enabling City to check the accuracy of any such statement or statements, and the sufficiency of any! additional rental payment made in accordance therewith, Tenant shall for said period of two. (2) years after submission to City of any such statement keep safe and intact all of Tenant's records, books, accounts and other data which in any wise bear upon or are required, to establish in detail Tenant's gross sales and any authorized deductions therefrom as shown by any such state- ment, and shall upon request make the same available to City, City's auditor, representative or agent for examination at any time during said two (2) year period. SCHEDULE A Page 7 SCHEDULE OF PERCENTAGE RENTALS Applicable to each of the uses permitted under the lease C� Aquarium Bar or cocktail lounge Boat haul out, repair, painting, and similar activities Broker, boat or yacht Broker, insurance Deck space (per sq. ft.) Fish market Fish and seafood processing (abalone, oysters, etc.) Floats, docks, piers, filled parking (supporting upland uses) Gasoline, oil and diesel fuel Hardware, marine Launching boat and ramp Leasing, boat Machine shop Marina Marina - motel (boatel) Party boat Professional office Rentals, boats and motors Repairs, boats and motors Restaurant - food only (bar, Sales, boat, new or used Sales, motor, new or used Sales, retail, all other Sales, boat trailer, new or Snack bar Storage, boat Tackle and/or bait Trailer park, camping if any, 10%) used PERCENTAGE OF GROSS 5 10 3 10 7 .06 sq.-ft. 5 5 .06 sq. ft. (or 3% of supporting gross) 5 (or 1-1/2C per gal. whichever is greater) 5 20 5 5 20 ' 10 5 5 10 5 3 3 5 5 5 5 20 5 7.5 SCHEDULE A-1 Page 1 lJ • M&H 2-22-69 1 MADDEN & HART ATTORNEYS AT LAW 620 - 13TH 8TP8[T 2 P. 0. Box 806 PASO ROBLES, CALIFORNIA T[LXPNONX 268.3484 3 4 5 Attorneys for City of Morro Bay 6 7 (SPACE BELOW FOR FILING STAMP ONLY) 8II SUPERIOR COURT OF THE STATE OF CALIFORNIA 9II FOR THE COUNTY OF SAN LUIS OBISPO 10 1111 MAY E. PIPKIN, et al., 12 Plaintiffs, ] No, 31598 13 vs. ] STIPULATION ] 14 THE STATE OF CALIFORNIA, et al., ] •15 Defendants. ] 16 IT IS HEREBY STIPULATED by and between plaintiffs G. G. 17 GREENE and RUTH C. GREENE, Husband and Wife, Propria Persona, and 18. by Defendant, State of California, a sovereign State of the United 19 States of America, represented by and acting through Thomas C. 20 Lynch, Esq., Attorney General of the State of California, by Paul 21 M. Joseph, Esq., Deputy Attorney General; and by Defendant, County 22 of San Luis Obispo, a political sub -division of the State of 23 'California; represented by and acting through James W. Powell, Esq. 24 District Attorney of the County of San Luis Obispo, by Robert J. ' 25 Schum, Esq., Deputy District Attorney; and by Defendant, City of 26 Morro Bay, a municipal corporation, represented by and acting 27 through James A. Madden, Esq., City Attorney of the City of Morro 2811 Bay, as follows: .29 1) That the most westerly boundary of the Patent of 30 Tidelands issued by the State of California on or about March 25, 31 1872 and recorded on or about September 6, 1872 in Book A, Page 298 32 of Patents, in the Office of the County Recorder, San Luis Obispo • • M&H 2-22-69 111 County, California, and sometimes identified as Tidelands Survey 211 No. 10, together with all accretions thereto and erosions therefrom 311 as it last existed in its natural state, has been determined by 4 Garing, Taylor and Associates, and Samuel L. Taylor, Registered 5 Civil Engineer, as shown on map thereof entitled Parcel Map No. 6 MB-68-30, filed for record October 10, 1968 in Book 3 of Parcel 7 Maps at Page 10 in the Office of the County Recorder of said , 8 County. Said line is set forth in the Boundary Agreement attached 9 to this'stipulation as Exhibit A, and by this reference, incorpora- iO ted herein. 11 •2) A boundary agreement in the form and containing the 12 provisions of the boundary agreement attached to this Stipulation 13 as Exhibit A, and by this reference incorporated herein, and 14 . executed by the parties Defendant, shall immediately be executed -15 by the stipulating plaintiffs, and shall forthwith be recorded 16 in the Office of the County Recorder of the State of California. 17 3) That plaintiffs herein have not possessed at any 18 time, nor do they now possess, alone or with others, any right, 19 title or.interest in or to any real property situated Westerly of 20 the boundary description as set forth in Exhibit A. 21 4)"'= That the City of Morro Bay (referred to herein as 22 "CITY") as Trustee for the people of the State of California , 23 holds the fee title in and to all real property, included but not 24 limited to tide and submerged lands, but excluding therefrom any 25 lease hold interest now held by others, to all tide and submerged 26 lands lying westerly of the above described boundary line; 27 pursuant to and subject to the terms, conditions and reservations 28 and interest of the State of California as set forth in the .29 California Statutes itemized in the attached Boundary Agreement. 3011 5) The parties hereto consent that this stipulation may 3111 be made the basis of a judgment entered in the above entitled 3211 Court, in strict conformity with the terms of this stipulation; it 2 - M&H 2-22-69 1 being further stipulated that plaintiffs title, as alleged in 2 SEVENTH CAUSE OF ACTION, EIGHTH CAUSE OF ACTION, AND NINTH CAUSE 3 OF ACTION OF FIRST AMENDED COMPLAINT, and incorporating Exhibit A 4 thereto, subject to right of way.for streets, shall be quieted in 5 such plaintiffs, joining in this stipulation, lying Easterly of 6 the boundary description in the attached boundary agreement; and 7 that the title of Defendant, City of Morro Bay, as Trustee for the 811 people of the State of California, shall be quieted in all the real 9 property Westerly of such boundary description. 10 6) The parties further stipulate and agree that the 11 Court may hear the above matter, at a time convenient to the 12 Court, and that Notice of time_°and place of trial, findings of 13 fact, and conclusions of law, are waived. 14 7) It is further stipulated that the parties hereto •151 will bear their own costs of suit. 1611 IN WITNESS WHEREOF, this stipulation is executed as of 1711 the day of 1969. 18 19 20 21 22 G. G. GREENE RUTH C. GREENE 23 THOMAS C. LYNCH, Attorney General of the State of California 24 PAUL M. JOSEPH, Deputy Attorney General 25 26 BY PAUL M. JOSEPH 27 Attorneys for State of California 28 JAMES W. POWELL,.District Attorney of the County of San Luis Obispo .29 ROBERT J. SCHUM, 30 Deputy District Attorney 31 BY ROBERT J. SCHUM 32 Attorneys for County of San Luis Obispo 3 - • • M&H 2-22-69 1 JAMES A. MADDEN, City Attorney of the City of Morro Bay 2 3 BY JAMES A. MADDEN 4 Attorney for City of Morro Bay 5 6 7 8 9 i0 11 12 13 14 •15 16 17. 18 19 20 21 -= 22 23 24 25 26 27 28 .29 30 31 32 4 - �_ M: 11 12-20-68 BOUNDARY AGREEMENT THIS BOUNDARY AGREEMENT is made and entered into by . and between STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION, hereinafter referred to as "THE STATE", the CITY OF MORRO BAY, a municipal corporation, hereinafter referred to as "CITY", and the undersigned private individuals, collectively referred to as "PROPERTY OWNERS" W I T N E S S E T H: WHEREAS, THE STATE, by virtue of its sovereignty was the owner of tide and submerged lands along the ocean and harbor frontage located within the present corporate city limits of the CITY OF MORRO BAY, California; WHEREAS, the STATE OF CALIFORNIA granted to the COUNTY OF SAN LUIS OBISPO and to its successors said tide and submerged lands, in trust, pursuant to the provisions of Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, and Chapter 1874 of Statutes of 1957, and Chapter 70, Statutes of 1960 First Extraordinary Session, said trust being for the purposes, uses and conditions and reservations set forth in all of said statutes; WHEREAS, the CITY OF MORRO BAY, a municipal corporation, was incorporated as a general law city of the STATE OF CALIFORNIA on July 17, 1964, and thereupon and on said date it succeeded to all of the right, title and interest of the COUNTY OF SAN LUIS OBISPO in and to said tidelands grants subject to all of the terms, conditions, exceptions and reservations as set forth in said reservations; WHEREAS, a survey of the lands herein set forth was made by the STATE OF CALIFORNIA, described as Tidelands Survey No. 10 delineating the mean low tide line as the same may have - 1 - • � . r.11 12-20-68 i existed in its last natural state, which survey is set forth as the westerly or seaward boundary.as set forth in the Grant of Patent from the STATE OF CALIFORNIA to Franklin Riley dated March 25, 1872, and recorded September 6, 1872 in Book A at Page 298 0£ Patents in the office of the County Recorder of San Luis Obispo County, California; WHEREAS, the line of mean low tide of the Pacific Ocean in the Morro Bay harbor, as the same may have existed in its last natural state has been affected and controlled by artificial processes, and there is substantial doubt and uncertainty as to the last natural location thereof and consequently the true boundary between the lands of the STATE, the CITY,. and the PROPERTY OWNERS is uncertain and in doubt; WHEREAS, the STATE LANDS COMMISSION, pursuant to Section 6357 of the Public Resources Code: "...may establish the ordinary ... low water mark of any of the swamp, overflowed, marsh, tide, or submerged lands of this State, by agreement, arbi- tration, or action to quiet title, whenever it is deemed expedient or necessary."; WHEREAS, the STATE, the CITY, and the PROPERTY OWNERS consider it expedient and necessary, and in the best interest of the STATE, the CITY, the public and the PROPERTY OWNERS, .to make final a permanent determination of the boundary between the tide and the submerged lands now vested in the City of Morro Bay a Municipal corporation, and the lands of the undersigned property owners, and other private property owners of such lands, and to locate such tidelands boundary. NOW THEREFORE, in order to locate, describe, and permanently establish the true and correct boundary between the tide and submerged lands held in trust by the CITY OF MORRO BAY, 2 - Pl 11 d-10-66 subject to the sovereignty of the STATE OF CALIFORNIA, on the one hand, and to the lands of the said property owners on the other hand, and in order to locate, describe, and permanently establish the most Westerly boundary of the Patent to Tidelands issued by the STATE OF CALIFORNIA on or about March 25, 1872, to Franklin Riley which Patent was recorded on or about Septem- ber 6, 1872 in Book A, on Page 298, of Patents, in the office of the County Recorder, County of San Luis Obispo, California, and identified as Tidelands Survey No. 10, together with all accretions thereto and erosion therefrom, and as said boundary line last existed in its last natural state, it is agreed as follows: 1. Said boundary line is and shall be located and established as follows: "That line in the City of Morro Bay, County of San Luis Obispo, State of California, more particularly described as follows: The Easterly line of Embarcadero Road lying between South Street and Seventh Street (now Dunes Street), and the Westerly line of Parcels 30 and 31, all as shown on Parcel Map No. MB-68-30 filed October 10, 1968 in Book 3 of Parcel Maps at Page 10, in the office of the County Recorder of said County, begin- ning at a 3/4"'iron bar at the Southwest corner of Parcel No. 52; thence along said line the following courses: North 8°10'02" West 798.36 feet to a 3/4" iron bar; thence North 15011129" West 266.68 feet to a 1" iron pipe with brass tag marked RCE 11727; thence North 12°56'52" West 934.15 feet to a 1" iron pipe 3 - 0 I,!—[U—Od C1 J with brass tag marked RCE 11727; thence North. 28°29'02" West 594.41 feet to a nail set in concrete with brass tag marked RCE 11727; thence North 17°06'23" West 119.63 feet to a nail set in the rock revetment with illegible markings on brass tag at the Northwest corner of Parcel No. 31; thence across Beach Street (8th Street), North 17°06'23" West, a distance of 99.90 feet; thence South 89058140" East, a distance of 46.81 feet to a point, being the Southwesterly corner of the resurvey of tidelands survey number 14." 2. It is the intent of all the parties hereto that the above described boundary line shall be permanent and fixed and not subject to change by erosion or accretion. 3. It is understood that some, but less than all of the property owners of the lands lying Easterly and abutting the boundary line described in paragraph 1 above will sign this agreement. upon execution of this Boundary Agreement by the Executive Officer of the State Lands Commission pursuant to Resolution adopted by the State Lands Commission, and by the City of Morro Bay, by signature of the Mayor and City Clerk of said City pursuant to Resolution of the City Council of said City, this Boundary Agreement will be effective as to each property owner only, when and only when each such property owner signs this Boundary Agreement or a counter part thereof; and this Boundary Agreement will be in full force and effect insofar as the State of California, the City of Morro Bay, and the several property owners who sign this Agreement; immediately upon the execution of this Boundary Agreement by any such,property owner. 4. It is expressly understood by all the parties - 4 - M & If iz-'Lu—od I hereto that all public streets and highways as shown on the aforesaid Parcel Map MB-68-30 lying easterly of the aforesaid boundary line are public streets and highways located within and under the control of the CITY OF MORRO BAY. 5. It is further expressly understood by and between all parties hereto that the provisions set forth in this agreement have been determined for the purpose of compromising and settling the tideland boundary of the lands of all the v parties hereto. The boundary line shall not constitute any admission, nor is it to be construed as any expression on the part of any parties executing this agreement, except as between the parties hereto. 6. Additional property owners, the westerly boundary of whose lands abut the aforesaid boundary line, or any part thereof, may join in this agreement by executing this agreement or any counterpart thereof within one year from the date this boundary agreement is.executed by the Executive Officer of the State Lands Commission. IN WITNESS WHEREOF, the parties to this boundary agreement have executed same as of the date set forth below. Date Date............. Date ' STATE OF CALIFORNIA Acting by and through the STATE LANDS COMMISSION BY: Executive Officer CITY OF MORRO BAY BY ayo By: �tG City C The undersigned hereby join in the above boundary - 5 - M & H 12-20-68 agreement as a party in interest, ratify it, and agree to be bound by the boundary determination and the other provisions contained therein. Date Date Date' ........... Date """"" Date ............. Date ............. Date ............. Approved as to form and legality: THOMAS C. LYNCH, Attorney General of the State of California PAUL M. JOSEPH, Deputy Attorney General BY: PAUL M. JOSEPH Attorneys for State of California JAMES W. POWELL, District Attorney of the County of San Luis Obispo ROBERT J. SCHUM, Deputy District Attorney ROBERT J. SCHUM Attorneys for County of San Luis Obispo JAMES A. MADDEN, City Attorney of � the City of Morro Bay A ' JAMES A. MADDEN Attorney for City of Morro Bay '.t.� e JONESf JONES( MURPHY 6 STURGES BY: ALLAN P. MURPHY Attorneys for Private Property Owners. i 1 ; i 4 RESOLUTION NO.23-69 RESOLUTION APPROVING TRANSFER OF LEASE BY OPERATION OF LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Sara Walnum entered into a lease with the County of San Luis Obispo dated January 1, 1962 concerning Lease Sites 122, 123, 122W, and 123W, as shown on Map HL 2 entitled "Morro Bay Lease Sites"; said lease being for a primary term of 15 years; and WHEREAS, Sara Walnum thereafter married Ralph Ruse and by her will and by judgement of final distribution in the estate of Sara Walnum Ruse, all of decedent's interest in and to said lease was distributed to Ralph Ruse; said decree of final distribution being entered in the Superior Court of the State of California in and for the County of San Luis Obispo on March 14, 1968; and WHEREAS, it is desirable to acknowledge this transfer of lease by operation of law, and said Ralph Ruse agreeing to carry out all of the terms of said lease, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay consents to the assignment and transfer of the aforesaid lease from the estate of Sara Walnum Ruse to Ralph Ruse, her surviving husband, subject to all of the terms, conditions, and payment of rental as set forth in said lease. On motion by Councilman Donohoo and seconded by Councilman Bickford , the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT:None ADOPTED: February 11, 1969 !may L� JOS PH C. GIANNINI, Mayor ATTEST: M. ITTLE, City C er RESOLUTION NO. 22-69 RESOLUTION DECLARING ABANDONMENT OF A PORTION OF BEACH STREET (FORMERLY 8TH 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: RESOLVED that, pursuant to the Street Vacation Act of 1941, the City Council of the City of Morro Bay hereby finds that that certain real property described in Exhibit A hereto, which Exhibit is incorporated herein by reference as through fully set forth, is unnecessary for any present or future public use; BE IT FURTHER RESOLVED AND ORDERED that the City of Morro Bay hereby vacates and abandons its interest in that certain real property described in Exhibit A, and that the City Clerk be and hereby is directed to record this resolution in the office of the County Recorder of the County of San Luis Obispo. On motion made by Councilman Bickford and seconded by Councilman Donohoo , 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: February 11, • 1969 AJOS5EPHA�I��ANNINI, Mayor ATTEST: M. J. IT City Clerk PARCEL 2: All that part of Eighth Street (Beach Street) in the Town of Morro, City of Morro Bay, 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 at page 35 of Maps, records of said County, more particularly des- cribed as follows: Beginning at the intersection of the Easterly line of "C" Street (Napa Avenue) with the Southerly line of Eighth Street (Beach Street), as shown on said map; thence Easterly along the Southerly line of Eighth Street (Beach Street) to its intersection with the Northeasterly line of the Town of Morro, as shown on said map; thence Northwesterly diagonally across Eighth Street (Beach Street) to a point on the Easterly line of "C" Street (Napa Avenue) equally distant between the point of intersection of said Easterly line with the Northeasterly line of the Town of Morro and the point of beginning; thence Southerly along said Easterly line to the point of beginning. EXHIBIT "A" RESOLUTION NO. 21-69' RESOLUTION REQUESTING DISASTER ASSISTANCE NEEDS OF THE CITY OF MORRO BAY BE INCLUDED WITH APPLICATION OF SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR ASSISTANCE UNDER PUBLIC LAW 875 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Governor of California and the President of the United States have declared San Luis Obispo County to be a major disaster area due to the storm and floodwater damage occurring in the County during the period of January 19-29, 1969; and WHEREAS, the City of Morro Bay has sustained damage to its works and facilities and incurred extra costs as a result of said storm and floodwater damage; and WHEREAS, because of the magnitude and location of similar damage throughout the County, it is in the public interest that applications for federal disaster financial assistance be coordi- nated; the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Morro Bay that the Board of Supervisors of the San Luis Obispo County Flood Control and Water Conservation District is hereby requested to include the disaster assistance needs of the City of Morro Bay for damage and/or extra costs occurring to our city during the period of January 19-29, 1969, in the application of the San Luis Obispo County Flood Control and Water Conservation District for federal financial assistance under Public Law 875 for the following damage and/or extra costs: 1. Re -install two inverted sewer siphons crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. 2. Re -install one water line crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. 3. Restore Morro Creek channel between State Highway No. 1 and the Pacific Ocean, where necessary to protect the above facilities. On motion by Councilman Bickford 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: February 4, 1969 A,,a D C GCPir�tili,�i�C� JOSEPH C. GIANNINI, Mayor ATTEST: _717. M. J. ITTAcity Clerk RESOLUTION NO. 20-69 RESOLUTION REQUESTING DISASTER ASSISTANCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 26th of January, 1969, the President declared a major disaster in the State of California under the provisions of Public Law 875, 81st Congress, as amended; and WHEREAS, San Luis Obispo County Flood Control and Water Conser- vation District is a public entity within said State; and WHEREAS, the City of Morro Bay is a public entity within said District; the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Board of Supervisors of San Luis Obispo County Flood Control and Water Conservation District, State of California, be and is hereby requested to request that the Office of Emergency Preparedness arrange to have the appropriate Federal Agency perform the following disaster assistance essential to the health, safety, or welfare of the people and property of this public entity: 1. 2. 3 Re -install two inverted sewer siphons crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. Re -install one water line crossing Morro Creek between State Highway No. 1 and the Pacific Ocean. Restore Morro Creek channel between State Highway No. 1 and the Pacific Ocean, where necessary to protect the above facilities. This body certifies that, to the best of its knowledge and belief, the requested work is eligible under Public Law 875, 81st Congress, as amended, and agrees to: (a) provide without cost to the United States all lands, easements, -and rights -of -way necessary for the accomplishment of the approved work; and (b) hold and save the United States free from damages due to the approved work. On motion by Councilman Donohoo and seconded by Councilman Bickford , 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: February 4, 1969 ATTEST: M. J.LL'ITTLE, City Clerk L L` V JOSEPH C. GIANNINI, Mayor 171 u RESOLUTION NO. 19-69 RESOLUTION CONTINUING CONSIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 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: BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that consideration of all matters in connection with the above assessment district be, and it is hereby continued to the 25th day of February, 1969 at the hour of 7:30 p.m. On motion by Councilman Bickford and seconded by Councilman Donohoo, the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 AJOS!EPH C.U�ayor ATTEST: M. J. LITTLE, City Cleriz— • 0 RESOLUTION NO. 18-69 RESOLUTION OF AWARD OF CONTRACT, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by resolution adopted on the 26th day of November, 1968, it was directed that bids be called for the improvement work to be done in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, and that the time fixed for receiving sealed bids or proposals was the 3rd day of January, 1969, at the hour of 2:00 p.m. of said day; and WHEREAS, Notice Inviting Sealed Bids was duly published in the time and manner required by law; and WHEREAS, all bids having been publicly opened, examined and declared pertaining to the doing of work and improvements described in Resolution of Intention, No. 60-68, which Resolution of Intention is hereby expressly referred to for a description of said improve- ments, and for all other particulars relative to the proceedings under said Resolution of Intention; and WHEREAS, the City Council of the City of Morro Bay, San Luis Obispo County, California, on the 31st day of January, 1969, ordered the construction of improvements to be made in said'assessment district; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Morro Bay, San Luis Obispo County, California, hereby rejects all of said proposals or bids, except that herein mentioned, and hereby awards the contract for said improvements to the lowest responsible bidder, to wit: W. M. LYLES COMPANY, at the prices named in the bid of said bidder on file in the office. of the City Clerk of the City of Morro Bay; and IT IS HEREBY DIRECTED that the City Clerk of the City of Morro Bay publish a Notice of Award of Contract. On motion by Councilman Mallery and seconded by Councilman Donohoo, the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Mallery, & Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 ATTEST: M. J. LITTLE, City Clerk /_V4 OSEPH C. GIANNINI, Mayor RESOLUTION NO. 17-69 RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby resolved: BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, as follows: The Director of Public Works of the City of Morro Bay, without further authorization of the City Council, is hereby authorized to order changes in the work to be done in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, under the following conditions: To correct clerical and technical errors in the plans: To modify the design of the project wherever good engineering practice indicates that the modification should be made; To adjust the design of the project to utility loca- tions, soil conditions, and other field conditions which were unknown or uncertain at the time the plans were prepared. HOWEVER, the Director of Public Works shall not be authorized to approve change orders resulting in the increase in construction costs aggregating more than the amount of contingencies provided for in the Amended Engineer's Report heretofore approved by this City Council. On motion by Councilman Mallery and seconded by Councilman Donohoo, the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Mallery, & Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 -CG JO EPH C. GIANNINI, Mayor ATTEST: M. J! LITTLE, City Clerk RESOLUTION NO. 16-69 RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE. CONSTRUCTION OF IMPROVEMENTS AND CONFIRMING ASSESSMENT, ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA WHEREAS, on the 8th day, of October, 1968, the City Coun- cil of the City of Morro Bay, San Luis Obispo County, California adopted its Resolution of. Intention No. 60-68 in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California, for the construction of improvements in said assessment district and referred said proposed improvements to DARING, TAYLOR 6 ASSOCIATES, INC., Engineer of Work for said assessment district: and WHEREAS, on the 26th day of November, 1968, the said GARING, TAYLOR $ ASSOCIATES, INC. filed an Engineer's Report, Assess- ment and Assessment Diagram in accordance with said Resolution, and said Engineer's Report was presented to the City Council of the City of Morro Bay for consideration; and WHEREAS, on the 26th day of November, 1968, the City Council of. the City of Morro Bay preliminarily adopted said Engi- neer's Report and fixed 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, as the time and place for hearing protests with rela- tion to said proposed improvements; and WHEREAS, pursuant to said Resolution hereinabove mentioned a Notice of Improvement was duly published, posted and mailed, giving notice of the time and place of hearing on said Report: and WHEREAS, on the 14th day of January, 1969, said hearing was held and consideration of said matter was continued to the 31st day of. January, 1969; and 1 ormnpu WHEREAS, any protests received have been overruled; and WHEREAS, on the 31st day of January, 1969, the City Coun- cil of the City of Morro Ray directed the Engineer of: Work to file an Amended Engineer's Report and Amended Cost Estimate; and WHEREAS, on the 31st day of January, 1969, the Engineer of Work filed with the City Clerk of the City of Morro Bay an Amended Engineer's. Report and Amended Cost Estimate; NOW, THEREFORE, RE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that this City Council does hereby find, determine and order as follows: 1. That the district benefited by said improvements and to be assessed to pay the costs and expenses thereof, is more parti- cularly described in the Resolution of Intention hereinabove refer- red to and made a part hereof by reference thereto. That all public streets and highways within said assessment district, the same being in use in the performance of a public function as such, shall be omitted from said district and from the levy and collection of the special assessments to be hereafter levied and collected to cover, the costs and expenses of said improvements. 2. That the plans and specifications for the proposed improvements be, and they are hereby, finally adopted and approv- ed as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 3. That the Amended Estimate of Cost of the itemized and total estimated cost and expenses of the improvements and of the incidental expenses in connection therewith, which said Amended Estimate of Cost is on file with the City Clerk of the City of Morro Bay, be, and it is hereby, finally adopted and approved as the Engi- neer's total and detailed estimate of the costs and expenses of said improvements. 4. That the public convenience and interest require, and said City Council hereby orders the improvements to be made -2- as described in, and in accordance with, said Resolution of Inten- tion and the Amended Engineer's Report on file with the City Clerk of the City of Morro Ray, reference to both of which is hereby made for a more particular description of said improvements, and also reference is hereby made to the provisions of the Municipal. Improve- ment Act of 1913, as amended. S. The City Council of the City of Morro Bay does hereby levy and apportion upon each and every lot, piece and parcel of land within the boundaries of the assessment district the amount by which each of said lots, pieces or parcels of land is benefited by the improvements. The amount of the assessment which is levied and ap- portioned upon each and every lot, piece and parcel of land within the boundaries of the assessment district is as shown on the assess- ment attached to and made a part of the Amended Engineer's Report adopted by this Resolution. The City Council of the City of Morro Bay hereby finds and determines that each of said lots, pieces or parcels of land within the boundaries of said district is benefited in the amount and in the proportion of the total cost of the improve- ments, plus incidental expenses, which each of said lots, pieces or parcels of land has been assessed in said Amended Engineer's Report. 6. Collections of assessments shall be made by the City Treasurer of the City of Morro Bay. 7. In the event 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 shal.l be trans- ferred to the general fund of the City if it does not exceed the lesser of $1,000.00 or S per cent 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. —.3= F'/ On motion by Councilman Mallery and seconded by Councilman Donohoo, the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 ATTEST: M. J. LIT LE, City Clerk JOS PH C. GIANNINI, Mayor 9 RESOLUTION NO..15-69 RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT AND AMENDED ESTIMATE OF COST ,IN ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 26th day of November, 1968, the City Council of the City of Morro Bay, San Luis Obispo County, California, preliminarily adopted the Engineer's Report and Engineer's Estimate of Cost, filed pursuant to the Resolution of Intention No. 60-68 in Assessment District No. 5, City of Morro Bay, San Luis Obispo County, California; and WHEREAS, since the filing of said original Engineer's Report and Engineer's Estimate of Cost, bids have been received showing a different construction cost than set forth in said original Engineer's Report and Engineer's Estimate of Cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that the Engineer of Work be, and they are hereby directed to file an Amended Engineer's Report and Amended Estimate of Cost to conform to the low bid received for said work and improvements. On motion by Councilman Mallery 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, Mallery, & Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 /u o/ JOS PH C. GIANNINI, Mayor ATTEST: M. l I TLE, City Clerk q1, • RESOLUTION NO. 14-69 RESOLUTION AND ORDER MODIFYING THE BOUNDARIES OF ASSESSMENT DISTRICT NO. 5, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA, AND FINALLY APPROVING AMENDED BOUNDARY MAP 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, San Luis Obispo County, California, on the 26th day of November, 1968, adopted its Resolution of Intention to adopt amended boundary map and tenatively approved said amended boundary map; and WHEREAS, said amended boundary map has been filed with the County Recorder of the County of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis Obispo County, California, that said City Council hereby finally approves said amended boundary map and orders the modification of boundaries in Assessment District No. 5 in accordance therewith. On motion by Councilman Mallery and seconded by Councilman Bickford, the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Councilmen Bickford, Donohoo, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 J -' U V-G�zs�st�i�tlJ JOSEPH C. GIANNINI, Mayor ATTEST: M. J. ITTLE, City Clerk RESOLUTION NO. 13-69 RESOLUTION REQUESTING SEA OTTER CONTROL FOR PROTECTION OF ABALONE INDUSTRY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Department of Fish and Game has established a refuge for sea otters off the coast of Monterey County, and the sea otter herd is now making a phenominal growth; and WHEREAS, abalone fishing is a great sportsmen's activity and is the foundation of a million dollar commercial abalone industry in the Morro Bay area; and WHEREAS, the abalone fishing from Point Piedras Blancas to Santa Rosa Creek in San Luis Obispo County, California, a distance of twelve miles, has been nearly destroyed in the past four years as the sea otters progress southward from the game refuge: and WHEREAS the abalone beds in the vicinity of Cambria and Cayucos are now being attacked by the sea otters, with seventy-four otters being sighted south of Cambria during January, 1969; and WHEREAS, the Department of Fish and Game is presently under- taking a three-year study on the growth of the sea otter population and its effect upon the abalone fisheries, which are being rapidly depleted; and WHEREAS, the abalone industry in the County of San Luis Obispo is rapidly being threatened with extinction and loss of a great natural marine resource of our state, the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay request that the California Department of Fish and Game take immediate steps to control the southward migration of the sea otter beyond the game refuge area; and that the highest priority be given to the requested action because of the rapid destruction of irreplaceable abalone beds; and BE IT FURTHER RESOLVED that copies of this resolution be furnished to Governor Ronald Reagan, Senator Donald L. Grunsky, and Assemblyman William M. Ketchum. On motion by Councilman Mallery and seconded by Councilman Bickford , the Morro Bay City Council hereby adopts the fore- going resolution in its entirety by the following roll call vote: AYES: Councilmen Bickford, Donchoo, Mallery, and Mayor Giannini NOES: None ABSENT: Councilman Keiser ADOPTED: January 31, 1969 UGIf��� JOSEPH C ATTEST: M. L TILE, City Clerk RESOLUTION NO. 12-69 RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY CUB SCOUTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Cub Scouts have requested permission to use a city street to assemble and conduct a soap box derby type race on Saturday, March 8, 1969; Saturday, March 15, 1969; and, in the event inclement weather makes the holding of these events on either of these dates impractical, Saturday, March 22, 1969; 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 authorizing the use of a city street to assemble and conduct a soap box derby type race, said street designated for use is generally described as San Joaquin Street, lying easterly of State Highway 1; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict vehicular and pedestrian traffic on the race course during the time of assembly and race. On motion by Councilman Bickford 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, Donohoo, Keiser, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 �/ v JOS PH C. GIANNINI, Mayor ATTEST: 741, City Clerk— lJ RESOLUTION NO. 11-69 RESOLUTION OF INTENTION TO ABANDON A PORTION OF BEACH STREET (FORMERLY 8TH STREET) AND SETTING DATE FOR HEARING 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 intends to vacate, pursuant to the Street Vacation Act of 1941, a portion of Beach Street (formerly 8th 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, February 11, 1969, at 7:30 p.m. in the Morro Bay Recreation Hall, Dunes Street and Shasta Avenue, Morro Bay, California, to consider the matter of vacation of said street, and at the time of said public hearing, any person interested in or objecting to said abandonment may appear and express his views for or against the proposed street abandonment; 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 local circulation within fifteen (15) days from the date of adoption of this resolution and to post notices of street vacation along the line of said street at intervals of three hundred (300) feet or less, at least ten (10) days before the date set for hearing. On motion 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 00 JOS PH C. GIANNINI, Mayor ATTEST: M. LITTLE, City C erk /V/oniTE,¢Fy Ale. <C -STREET) 0 5I-Y.LWE: OF LOT ro R c SA At S,ERn1AKi70 NAPA ""Ave." C,q 2 - /o' sw G, jw DENOTES AREA OF = 'Ar5AN00WMENT _ _ „ M RESOLUTION NO. 10-69 RESOLUTION AUTHORIZING CHANGE IN PERMITTED USES ON LEASE SITES 75, 76, 75W, AND 76W, BAYNHAM 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 is mutually agreed between the City Council of the City of Morro Bay and A. R. Baynham, holder of leasehold interest in Lease Sites 75, 76, 75W, and 76W, that a change be made in the permitted uses on said lease sites: NOW, THEREFORE, BE IT RESOLVED that "fuel dock" be added to the list of permitted uses for Lease Sites 75, 76, 75W, and 76W. BE IT FURTHER RESOLVED that,effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 75, 76, 75W, and 76W: Motel, floating docks for pleasure boats, launching facilities, display room, sales and service for small boats, and fuel dock On motion by Councilman Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 ,Q4.PLC, e zs;,- JO PH C. GIANNINI, Mayor ATTEST M. LITTLE, City Clerk RESOLUTION NO. 9-69 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 93-95 AND 93W-95W, CONGER 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 is mutually agreed between the City Council of the City of Morro Bay and Mildred L. Conger, holder of leasehold interest in Lease Sites 93-95 and 93W-95W, that changes be made in the permitted uses on said lease sites: NOW, THEREFORE, BE IT RESOLVED that: (1) The permitted use "sale of groceries and sundries" be deleted from the list of permitted uses. (2) The permitted use "gift shop" be added to the list of permitted uses. (3) The permitted use "taxi service" be changed to "water taxi service". BE IT FURTHER RESOLVED that, effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 93-95 and 93W-95W: Floats, boat rentals, boat repairs, boat building, party boats, water taxi service, cafe, boat launching facilities, and gift shop On motion by Councilman Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 JOS^PH C. GIANNINI, Mayor ATTEST: M. J. LITTLE, City Clerk RESOLUTION NO. 8-69 RESOLUTION AUTHORIZING CHANGE IN PERMITTED USES ON LEASE SITES 61 AND 61W, MORRO BAY YACHT 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: WHEREAS, it is mutually agreed between the City Council of the City of Morro Bay and the Morro Bay Yacht Club, holder of leasehold interest in Lease Sites 61 and 61W, that a change be made in the permitted uses on said lease sites: NOW, THEREFORE, BE IT RESOLVED that the permitted uses "travel agency, floating dock, and living quarters" be changed to "Operation and maintenance of yacht club" for Lease Sites 61 and 61W. BE IT FURTHER RESOLVED that, effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 61 and 61W: Operation and maintenance of yacht club On motion by Councilman Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 �• l-G�G'�f�,C�IJ JOS PH C. GIANNINI, Mayor v` M. 4Y. LITTLE, City Clerk 0 RESOLUTION NO. 7-69 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 134-137, CRILL 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 is mutually agreed between the City Council of the City of Morro Bay and Mr. & Mrs. Gilbert C. Crill, holders of leasehold interest in Lease Sites 134-137, that changes be made in the permitted uses on said lease sites: NOW, THEREFORE, BE IT RESOLVED that "gift shop and abalone processing" be added to the list of permitted uses for Lease Sites 134-137. BE IT FURTHER RESOLVED that, effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 134-137: Manufacture, wholesale and retail sales of prepared foods and refreshments, including but not limited to candies, together with maintenance of offices and storage facilities thereto; and gift shop and abalone processing On motion by Councilman Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 �y / JOSh �JOSE H C. GIANNIN2, Mayor ATTEST: jVI�4 zzz-vv M. LITTLE, City Clerk 0 f RESOLUTION NO. 6-69 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES 91, 92, 91W, AND 92W, 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, it is mutually agreed between the City Council of the City of Morro Bay and Mr. & Mrs. Harold J. Anderson, holders of leasehold interest in Lease Sites 91, 92, 91W, and 92W, that changes be made in the permitted uses on said lease sites: NOW, THEREFORE, BE IT RESOLVED that: (1) The permitted use "open air cafe" be deleted from the list of permitted uses. (2) The permitted use "restaurant" be added to the list of permitted uses. BE IT FURTHER RESOLVED that, effective on the adoption of this resolution, the following is a complete list of all the permitted uses on Lease Sites 91, 92, 91W, and 92W: Boat dock, wholesale and retail fish market, fish unlaoding for fish market, living quarters, retail sale of marine objects, souvenirs, and art items, restaurant. On motion by Councilman Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 (/ JOSEPH C. GIANNINI, Mayor ATTEST: 71�' M. JV LrTTLE, City C er RESOLUTION NO. 5-69 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLYING BITUMINOUS SEAL TO VARIOUS STREETS IN THE CITY OF MORRO BAY (SELECT SYSTEM PROJECT 140. 41) 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 September 24, 1968, award a contract for applying bituminous seal to various streets in the City of Morro Bay to C. S. Construction 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 23rd day of January, 1969, 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 Donohoo 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, & Mayor Giannini NOES: None ABSENT: Councilman Mallery ADOPTED: January 28, 1969 JO PH C. GIANNINI, Mayor ATTEST: �7 -7-J M. LI TLE, City Clerk CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of applying bituminous seal to various streets in the City of Morro Bay, Select System Project No. 41, by C. S. Construction Company, has been inspected and has been 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: January 24, 1969 DO GLAS STUART Acting irector of Public Works City of Morro Bay, California 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 applying bituminous seal to various streets in the City of Morro Bay, Select System Project No. 41, has been completed by C. S. Construction Company, and said work was accepted as completed on January 23, 1969 by the Morro Bay City Council by the adoption of Resolution No. 5-69 dated January 28, 1969. -z- 42, Zt?-� - M. TLE, City Clerk City of Morro Bay San Luis Obispo County California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 30th day of January, 1969. vvF. M. LITTLE, City Cler RESOLUTION NO. 4-69 RESOLUTION APPROVING'BOUNDARY AGREEMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in furtherance of the pending settlement of that certain case entitled Pipkin vs. State of California, the County of San Luis Obispo, and the City of Morro Bay, et al, San Luis Obispo County Superior Court No. 31598 a Boundary Agreement has been prepared; and WHEREAS, the purpose of the Boundary Agreement is to make final a permanent determination of the boundary between the tide and submerged lands now vested in the City of Morro Bay, a municipal corporation, and the lands of certain parties plaintiff in said case, and other adjacent property owners; and WHEREAS, said Boundary Agreement is to be approved by the State Lands Commission; and WHEREAS, said Boundary Agreement has been approved by the attorneys of record of said Pipkin case; and good cause appearing, NOW, THEREFORE, BE IT RESOLVED that that certain Boundary Agreement, a copy of which is attached to this resolution as Exhibit "A", and incorporated herein, is hereby approved by and on behalf of the City of Morro Bay, a municipal corporation; and the Mayor and City Clerk are authorized and directed to execute same on behalf of this city. 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 Bickford, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT: None ADOPTED: January 14,.1969 /—JOVEAH��ayor ATTEST: 7 M. Jl./LITTLE, City Clerk J RESOLUTION NO. 3-69- RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF STREET IMPROVEMENTS, RETAINING WALL AND DRAINAGE STRUCTURES IN THE CITY OF MORRO BAY ON BEACH STREET FROM WEST AVENUE TO EMBARCADERO ROAD (SELECT SYSTEM PROJECT NO. 40) 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 October 22, 1968, award a contract for the construction of street improvements, retaining wall and drainage structures in the City of Morro Bay on Beach Street from West Avenue to Embarcadero Road to Stanton Biggs Construction 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 20th day of December, 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 Councilman Donohoo , 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: January 14, 1969 ATTEST: M. LITTLE., City Clerk �-�JOEPHSANN ayor CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of construction of street improvements, retaining wall, and drainage structures in the City of Morro Bay on Beach Street from West Avenue to Embarcadero Road, Select System Project No. 40, by Stanton Biggs Construction Company, has been inspected and has been 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: January 3, 1969 DOUGLA M. STUART Acting Director of Public Works City of Morro Bay, California 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 construction of street improvements, retaining wall, and drainage structures in the City of Morro Bay on Beach Street from West Avenue to Embarcadero Road, Select System Project No. 40, has been completed by Stanton Biggs Construction Company, and said work was accepted as completed on December 20, 1968 by the Morro Bay City Council by the adoption of Resolution No. 3-69 dated January 14, 1969. -;�;v M. J(/LITTLE, City Clerk City of Morro Bay San Luis Obispo County California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing Notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 17th day of January, 1969. M. V LITTLE, City Clerk RESOLUTION NO. 2-69 RESOLUTION AWARDING LIABILITY INSURANCE COVERAGE 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 has solicited quotations for liability insurance coverage; and WHEREAS, Coast Counties Insurance has submitted the lowest quotation consistant with the requirements of the city; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay liability insurance coverage for the period January 15, 1969 to January 15, 1970 be awarded to Coast Counties Insurance. 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, Donohoo, Keiser, Mallery, and Mayor Giannini NOES: None ABSENT: None ADOPTED: January 14, 1969 JOSEPH C. GIANNINI, Mayor ATTEST: x21 _ M. J. LITTLE, City Clerk RESOLUTION NO. 1-69 RESOLUTION CONTINUING CONSIDERATION OF ALL MATTERS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 4, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 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: BE IT RESOLVED by the City Council of the City of Morro Bay, San Luis.Obispo County, California, that consideration of all matters in connection with the above assessment district be, and it is hereby continued to the 31st day of January, 1969 at the hour of 7:30 p.m. On motion by Councilman Mallery and seconded by Councilman Donohoo, the City Council of the City of Morro Bay 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: January 14, 1969 JO EPH C. GIANNINI, Mayor ATTEST: M. J. LITTLE, City Clerk