HomeMy WebLinkAboutResoultion 01-72 to 115-721972 RESOLUTIONS'= INDEX
RES. NO TITLE
1-72 RESOLUTION REQUESTING THE BOARD OF SUPER-
VISORS OF THE COUNTY OF SAN LUIS OBISPO TO
PERMIT THE COUNTY CLERK OF SAID COUNTY TO
RENDER SPECIFIED SERVICES TO THE CITY OF
MORRO BAY, RELATING TO THE CONDUCT OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON APRIL 11, 1972
DATE ADOPTED
1-10-72
2-72 RESOLUTION REQUESTING PACIFIC INDEMNITY
COMPANY AS CARRIER AND DESIGNATION OF MORRO
BAY INSURANCE CENTER AS AGENT OF RECORD FOR
SUBMITTING A PROPOSAL FOR INSURANCE COVERAGE
FOR A THREE YEAR TERM 1-10-72
3-72 RESOLUTION REQUESTING PACIFIC INDEMNITY
COMPANY AS CARRIER AND DESIGNATING MORRO
BAY INSURANCE CENTER AS AGENT OF RECORD FOR
SHORT-TERM INSURANCE COVERAGE 1-10-72
4-72 RESOLUTION APPOINTING RIGHT OF WAY AGENT AND
AUTHORIZING EXECUTION OF AGREEMENT, IMPROVE-
MENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN
LUIS OBISPO COUNTY, CALIFORNIA 1-24-72
5-72 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY ART ASSOCIATION 1-24-72
6-72 RESOLUTION CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION, . . .
APRIL 11, 1972, . . . AND FOR SUBMISSION OF
MEASURE, . . . AND SUBMISSION OF ELECTORS 1-24-72
7-72 RESOLUTION AUTHORIZING CERTAIN CITY COUNCIL
MEMBERS TO FILE A WRITTEN ARGUMENT AGAINST A
CITY MEASURE 1-24-72
8-72 RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION
RESEARCH TO PREPARE A POPULATION ESTIMATE FOR
THE CITY OF MORRO BAY 1-24-72
9-72 RESOLUTION APPROVING LOW BID FOR GASOLINE AND
DIESEL FUEL 1-24-72
10-72 RESOLUTION APPROVING LOW BID FOR CHLORINE 1-24-72
11-72 RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY LIONS CLUB 2-14-72
12-72 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
MIKE ST. JOHN AND KATHERINE ST. JOHN TO RALPH
I. GUNTHER AND SHIRLEY J. GUNTHER 2-14-72
13-72 RULES AND REGULATIONS FOR SECURING AND EXER-
CISING EXCEPTIONS TO CHAPTER I TO TITLE XI
OF THE MORRO..BAY MUNICIPAL CODE (ANIMAL REG-
ULATIONS) 2-14-72
RES. NO.
14-72
15-72
16-72
1972 RESOLUTIONS INDEX
TITLE
RESOLUTION JOINING THE REGION I -A LAW ENFORCE-
MENT MUTUAL AID PACT AND APPROVING THE REGION
I -A MUTUAL AID OPERATIONAL PLAN
DATE ADOPTED
2-14-72
RESOLUTION OF NECESSITY FOR CONDEMNATION, PRO-
POSED IMPROVEMENT DISTRICT NO. 7, CITY OF MORRO
BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 2-14-72
RESOLUTION REQUESTING THE FEDERAL GOVERNMENT TO
CANCEL CURRENT EFFORTS TO SELL PORTIONS OF CAMP
SAN LUIS OBISPO, CALIFORNIA 2-22-72
17-72 RESOLUTION AND ORDER PRELIMINARILY ADOPTING
ENGINEER'S REPORT, SETTING PUBLIC HEARING AND
CALLING FOR BIDS, IMPROVEMENT DISTRICT NO. 6,
CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY,
CALIFORNIA 2-28-72
18-72 RESOLUTION ADOPTING SCALE OF PREVAILING WAGE
RATES 2-28-72
19-72
RESOLUTION ADOPTING A BUDGET CALENDAR 1972-73
FISCAL YEAR
3-13-72
20-72
RESOLUTION OF THE CITY OF MORRO BAY SUPPORTING
UNITED STATES SENATE BILL 3207 DESIGNATING
LOPEZ CANYON AS A WILDERNESS AREA
3-27-72
21-72
RESOLUTION TRANSFERRING LEASEHOLD INTERESTS
IN LEASE SITES NO. 110W, 111W AND 112W AND
LEASE SITES NO. 105.3W, 106W 107W AND 108W
FROM CARVER AND LINDWALL, A PARTNERSHIP, TO
THE ESTATE OF LAURANCE F. CARVER
3-27-72
22-72
RESOLUTION ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON THE 11TH DAY
OF APRIL, 1972, TO BE MADE BY THE CITY CLERK
OF THE CITY OF MORRO BAY
3-27-72
23-72 RESOLUTION APPROVING GRANT OF USE PERMIT TO
KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER
SUNRISE SERVICES 3-27-72
24-72 RESOLUTION DIRECTING ENGINEER OF WORK TO FILE
AN AMENDED ENGINEER'S REPORT AND AN AMENDED
ESTIMATE OF COST IN IMPROVEMENT DISTRICT NO. 6
CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY,
CALIFORNIA 4-10-72
25-72 RESOLUTION OF INTENTION TO MAKE CHANGES IN THE
COST OF THE WORK AND ASSESSMENTS TO BE LEVIED
IN IMPROVEMENT DISTRICT` -NO. 6, CITY OF MORRO
BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 4-10-72
26-72 RESOLUTION CONTINUING HEARING IN CONNECTION
WITH IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO
BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 4-10-72
1972 RESOLUTIONS - INDEX
RES. NO. TITLE DATE ADOPTED
27-72 RESOLUTION APPROVING GRANT OF USE PERMIT TO
MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855 4-10-72
28-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY RECITING THE FACT OF THE -GENERAL
MUNICIPAL ELECTION HELD IN THE CITY OF MORRO
BAY ON THE 11TH DAY OF APRIL, 1972, AND
DECLARING THE RESULT THEREOF AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW 4-18-72
30-72 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
JAMES P. EDDY SR. FOR LEASE SITES NO. 90
AND 90W 4-24-72
31-72 RESOLUTION AUTHORIZING THE CITY CLERK TO SIGN
REQUIRED LOCAL, STATE AND FEDERAL DOCUMENTS
REQUIRED IN APPLICATION FOR GRANTS FOR TRICKLING
FILTER MODIFICATION AT SEWER TREATMENT PLANT 4-24-72
32-72 RESOLUTION DESIGNATING USE OF 1971-72 AND
1972-73 TOPICS ALLOCATION 4-24-72
33-72 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE
NO. 21 FROM UPTE INCORPORATED TO RALPH I.
GUNTHER AND SHIRLEY J. GUNTHER 4-24-72
34-72 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE
NO. 2;i FROM UPTE INCORPORATED TO RALPH I.
GUNTHER AND SHIRLEY J. GUNTHER 4-24-72
35-72 RESOLUTION FAVORING THE ACQUISITION BY THE
STATE OF CALIFORNIA OF SURPLUS FEDERAL LAND
LOCATED ON CAMP SAN LUIS OBISPO, CALIFORNIA 4-24-72
36-72 RESOLUTION APPROVING GRANT OF USE PERMIT TO
MORRO BAY CHAMBER OF COMMERCE 5-8-72
37-72 RESOLUTION GRANTING USE PERMIT AGREEMENT TO
THE MORRO BAY CUB SCOUTS 5-8-72
38-72 RESOLUTION AUTHORIZING AGREEMENT WITH STATE
FOR TRAFFIC OPERATIONS PROGRAM TO INCREASE
CAPACITY AND SAFETY (TOPICS) 5-8-72
39-72 RESOLUTION APPROVING AN AGREEMENT WITH LAMPMAN
AND ASSOCIATES FOR TOPICS STUDY 5-8-72
40-72 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
CARVER FOR LEASE SITES NO. 110W, 111W, & 112W 5-8-72
41-72 RESOLUTION OVERRULING PROTESTS IN IMPROVEMENT
DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS
OBISPO COUNTY, CALIFORNIA 5-22-72
42-72 RESOLUTION OF NECESSITY FOR CONDEMNATION,
IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY,
SAN LUIS OBISPO, COUNTY, CALIFORNIA 5-22-72
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1972 RESOLUTIONS - INDEX
RES. NO.
TITLE DATE ADOPTED
43-72
RESOLUTION OPPOSING PROPOSITION 9 APPEARING ON
THE JUNE 6 BALLOT AND URGING A "NO" VOTE ON THIS
INITIATIVE
5-22-72
44-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
PIERPOINT LANDING, INCORPORATED TO FRANK BREBES
AND NAOMI L. BREBES
5-22-72
45-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
FRANK BREBES AND NAOMI L. BREBES TO BREBES OCEAN
HOUSE, INC., A CALIFORNIA CORPORATION
5-22-72
46-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
FRANK AND NAOMI L. BREBES TO GEORGE F. BAIER
AND RONALD L. MYERS
5-22-72
47-72
RESOLUTION OPPOSING THE PRE-EMPTING OF HOME RULE
BY FEDERAL AGENCIES
5-22-72
48-72
RESOLUTION DIRECTING FILING OF A SECOND AMENDED
ENGINEER'S REPORT AND SECOND AMENDED ESTIMATE OF
COST, IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO
BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA
6-12-72
49-72
RESOLUTION AND ORDER APPROVING SECOND AMENDED
ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF
IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING
ASSESSMENT IN IMPROVEMENT IDSTRICT NO. 6, CITY
OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA
6-12-72
50-72
RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE
MADE BY THE CITY ENGINEER OF THE CITY OF MORRO
BAY IN IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO
BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA
6-12-72
51-72
RESOLUTION OF AWARD OF CONTRACT, IMPROVEMENT
DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS
OBISPO COUNTY, CALIFORNIA
6-12-72
52-72
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF MORRO BAY AND HI -WAY CONTRAC-
TORS, INC., FOR WORK TO BE DONE AND APPROVING
BONDS IN IMPROVEMENT DISTRICT NO. 6, CITY OF
MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA
6-12-72
53-72 RESOLUTION OF THE CITY OF MORRO BAY TO THE
SAN LUIS OBISPO COUNTY LOCAL AGENCY FORMATION
COMMISSION RELATIVE TO A PROPOSAL TO ANNEX
TERRITORY TO THE CITY OF MORRO BAY DESIGNATED
"NON-CONTIGUOUS TERRITORU ANNEXATION -ANNEXATION
NO. 2" 6-12-72
54-72 RESOLUTION REQUESTING BOARD OF SUPERVISORS OF
COUNTY OF SAN LUIS OBISPO TO EXPRESS INTEREST IN
THE PROPOSED DIABLO CANYON DESALTING PROJECT 6-12-72
55-72 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES
ON LEASE SITE NO. 18, BAIER & MYERS 6-12-72
RES. NO.
1972 RESOLUTIONS - INDEX
TITLE
56-72 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT 120 TO MORRO DUNES TRAILER PARK
AND CAMPGROUND, INC.
58-72 RESOLUTION FIXING DATE OF BONDS AND DIRECTING
PUBLICATION OF OFFICIAL NOTICE INVITING BIDS
FOR PURCHASE OF BONDS, IMPROVEMENT DISTRICT
NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO
COUNTY, CALIFORNIA
DATE ADOPTED
59-72 RESOLUTION ACCEPTING DEED FROM MORRO PALMS
SHOPPING CENTER, INC. AND AUTHORIZING RECORDATION
6-12-72
6-26-72
6-26-72
60-72 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 6-26-72
61-72 RESOLUTION AUTHORIZING CHANGE IN WATER METER
INSTALLATION RATES 6-26-72
62-72 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT
TO MORRO BAY CHAMBER OF COMMERCE 6-26-72
63-72 RESOLUTION APPROVING THE RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-3417 FOR THE PERIOD
JULY 1, 1972 THROUGH JUNE 30, 1973 6-26-72
64-72 RESOLUTION APPROVING THE RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD
JULY 1, 1972 THROUGH JUNE 30, 1973 7-10-72
65-72 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO
BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE
STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT
OF 1971 7-24-72
66-72 RESOLUTION OF INTENTION TO ABANDON NEVIS WAY
BETWEEN NEVIS STREET AND NASSAU STREET AND SETTING
DATE FOR HEARING 7-24-72
67-72 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT
TO MORRO BAY CHAMBER OF COMMERCE 7-24-72
68-72 RESOLUTION DECLARING EMERGENCY WATER SUPPLY SITUATION
7-24-72
69-72 RESOLUTION AUTHORIZING SALE OF BONDS, IMPROVEMENT
DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS OBISPO
COUNTY, CALIFORNIA 7-24-72
70-72 RESOLUTION APPROVING GRANT OF WATERFRONT USE PERMIT
TO L. VIRGIL MOORES FOR LEASE SITE NO. 128 7-24-72
71-72 RESOLUTION APPROVING ADDENDUM TO LEASE FOR LEASE
SITE NO. 18 (BAIER AND MYERS) 7-24-72
72-72 RESOLUTION ESTABLISHING RATES FOR WATER SERVICE AND
FIXING AMOUNT OF DEPOSIT TO ESTABLISH CREDIT 8-2-72
1972 RESOLUTIONS - INDEX
RES. NO. TITLE DATE ADOPTED
73-72 RESOLUTION ACCEPTING DEED FROM MERRIAM J.
URQUHART, CONSERVATOR OF THE ESTATE OF ETHEL
M. TEBBETTS, AND AUTHORIZING RECORDATION 8-14-72
74-72 RESOLUTION CONFIRMING PAID AND UNPAID LIST
AND REQUESTING THAT THE AUDITOR OF THE COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, SHALL
MAKE EXTENSION OF INSTALLMENTS THEREOF ON THE
TAX ROLLS, IMPROVEMENT DISTRICT NO. 6, CITY OF
MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 8-14-72
75-72 RESOLUTION ESTABLISHING MATURITY SCHEDULE FOR
BONDS TO BE ISSUED IN IMPROVEMENT DISTRICT NO.
6, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY,
CALIFORNIA 8-14-72
76-72 RESOLUTION REQUESTING THE CONSOLIDATION OF THE
CITY OF MORRO BAY SPECIAL ELECTION WITH THE
GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 1972 8-14-72
77-72 RESOLUTION GRANTING A USE PERMIT TO MORRO BAY
CHAMBER OF COMMERCE TO CONDUCT ANNUAL ROCK-O-RAMA
CELEBRATION 8-14-72
78-72 RESOLUTION SETTING THE TAX RATES AND APPORTION=
— MENTS FOR THE FISCAL YEAR 1972-73 8-14-72
79-72 RESOLUTION ORDERING THAT A SPECIAL ELECTION BE
HELD ON NOVEMBER 7, 1972 TO DETERMINE IF A ROAD
AND BRIDGE SHOULD BE CONSTRUCTED WITHIN THE AREA
DEFINED BY ORDINANCE NO. 103 8-28-72
80-72 RESOLUTION AUTHORIZING CERTAIN CITY COUNCIL
MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY
MEASURE 8-28-72
61-72 RESOLUTION AND ORDER ABANDONING NEVIS WAY BE-
TWEEN NEVIS STREET AND NASSAU STREET 8-28-72
82-72 RESOLUTION RESCINDING RESOLUTION NO. 72-72
WHICH ESTABLISHED WATER RATES AND A DEPOSIT
CHARGE AND ESTABLISHING NEW WATER RATES AND A
NEW DEPOSIT CHARGE 8-30-72
83-72 RESOLUTION RESCINDING RESOLUTIONS NO. 76-72,
79-72 and 80-72 REFERRING TO A SPECIAL ELECTION 9-7-72
84-72 RESOLUTION COMMENDING MEMBERS OF THE DOMENGHINI
TRUST 9-11-72
85-72 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
RAE M. CRILL AND THE ESTATE OF GILBERT M. CRILL
FOR LEASE SITES NO. 134, 135, 136 AND 137 9-11-72
86-72 RESOLUTION AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED FOR NEVIS WAY BETWEEN NASSAU AND
NEVIS STREETS 9-11-72
87-72 RESOLUTION ACCEPTING DEED FROM JEROME CHARLES a
DOWLING AND AUTHORIZING RECORDATION 9-11-72
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6 i
1972 RESOLUTIONS - INDEX
RES. NO.
TITLE DATE
ADOPTED
88-72
RESOLUTION
RESCINDING AND SUBSTITUTING CERTAIN
PROVISIONS
OF SECTION 7 OF RESOLUTION NO. 65-67
9-11-72
89-72
RESOLUTION
AUTHORIZING EXAMINATION OF STATE
BOARD OF EQUALIZATION
SALES AND USE TAX RECORDS
9-11-72
90-72
RESOLUTION
APPROVING AGREEMENT BETWEEN DAVID P.
VIENNA AND
FRANCIS T. VIENNA, AND THE CITY OF
MORRO BAY
9-25-72
91-72
RESOLUTION
APPROVING FINAL MAP FOR TRACT NO. 425
9-25-72
92-72
RESOLUTION
OF INTENTION TO ABANDON PORTION OF
MAIN STREET
AND SETTING DATE FOR HEARING
9-25-72
93-72
RESOLUTION
APPROVING AMENDMENT OF LEASE WITH
VIRGIL AND
FRIEDA MOORES FOR LEASE SITES NO.
124-127 AND
124W-127W
10-9-72
94-72
RESOLUTION
ACCEPTING EASEMENTS AND DIRECTING
RECORDATION
IMPROVEMENT DISTRICT NO. 6
10-9-72
95-72
RESOLUTION
APPROVING AGREEMENT WITH MORRO BAY'
CHAMBER OF
COMMERCE FISCAL YEAR 1972-73
10-9-72
96-72 RESOLUTION APPROVING AGREEMENT FOR ANNUAL
AUDIT FOR THE FISCAL YEAR ENDING JUNE 30,1973 10-30-72
97-72 RESOLUTION ESTABLISHING PROCEDURES AND INTERIM
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
SUPREME COURT DECISION CONCERNING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 10-30-72
98-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 109PW AND 109P FROM MORRO BAY FISHERIES, INC.
TO BREBES MORRO BAY FISHERIES, INC.
10-30-72
99-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 105.3W, 106W, 107W, AND 108W FROM THE ESTATE
OF LAURANCE F. CARVER TO BREBES MORRO BAY
FISHERIES, INC.
10-30-72
100-72
RESOLUTION APPROVING ASSIGNMENT FOR LEASE SITES
NO. 110W'; 111W, AND 112W FROM THE ESTATE OF
LAURANCE F. CARVER TO BREBES MORRO BAY FISHER-
IES, INC.
10-30-72
101-72
RESOLUTION ACCEPTING THE RESIGNATION OF MALCOLM
J. LITTLE AS CITY ADMINISTRATOR AND CITY CLERK
AND APPOINTING MURRAY L. WARDEN TO BE CITY
ADMINISTRATOR AND CITY CLERK
10-30-72
102-72
RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION
RESEARCH TO PREPARE A POPULATION ESTIMATE FOR
THE CITY OF MORRO BAY
11-16-72
1972 RESOLUTIONS - INDEX
RES. NO.
TITLE
DATE ADOPTED
103-72
RESOLUTION REQUESTING PERMISSION OF THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD TO SUBMIT A PRELIMINARY TECHINICAL
REPORT AS REQUIRED BY THE STATE WATER
RESOURCES CONTROL BOARD'S JULY 6, 1972
WATER QUALITY CONTROL PLAN FOR OCEAN WATERS
OF CALIFORNIA BY JANUARY 15, 1972, WITH
SUBMISSION OF FINAL REPORT ON, OR BEFORE,
JANUARY 1, 1974
11-27-72
104-72
RESOLUTION GRANTING A USE PERMIT TO MORRO
BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAL
CHRISTAS PARADE
11-27-72
105-72
RESOLUTION AND ORDER ABANDONING PORTION OF
MAIN STREET BETWEEN QUINTANA ROAD AND SURF
STREET
11-27-72
106-72 RESOLUTION ESTABLISHING FEE SCHEDULES FOR
PROCESSING PROJECT APPLICATIONS AS REQUIRED
BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970 11-27-72
107-72 RESOLUTION ACCEPTING EASEMENT AND DIRECTING
RECORDATION ESTERO BAY UNITED METHODIST CHURCH 11-27-72
108-72 RESOLUTION CONCERNING WASTEWATER RECLAMATION
AND REQUESTING REGIONAL WATER QUALITY CONTROL
BOARD ACTIONS IN ORDER TO PROCEED WITH WASTE-
WATER RECLAMATION PROJECT 12-11-72
109-72 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
ARTHUR R. FRY AND ELAINE K. FRY, HIS WIFE FOR
LEASE SITES NO. 50 AND 50W' 12-11-72
110-72 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
GEORGE F. BAIER AND RONALD L. MYERS FOR LEASE
SITE NO. 18 12-11-72
111-72
RESOLUTION AUTHORIZING CHANGES IN PERMITTED
USES ON LEASE SITES NO. 96 AND 96W SHIRLEY L.
RICHEY
12-11-72
112-72
RESOLUTION APPROVING SUBLEASE OF LEASE SITES
NO. 96 AND 96W SHIRLEY L. RICHEY
12-11-72
113-72
RESOLUTION RENEWING WATERFRONT USE PERMIT
AGREEMENT
12.-11-72
114-72
RESOLUTION ACCEPTING WORK AND DIRECTING THE CITY
CLERK TO RECORD NOTICE OF COMPLETION IN IMPROVE-
MENT DISTRICT NO. 6, CITY OF MORRO BAY, SAN LUIS
OBISFO COUNTY, CALIFORNIA
12-11-72
115-72
RESOLUTION APPROVING ASSUMPTION OF AGREEMENT
BETWEEN DAVID P. VIENNA AND FRANCIS T. VIENNA
AND THE CITY OF MORRO BAY BY KENNINGTON AND
TROUTT, A PARTNERSHIP
12-19-72
a
RESOLUTION NO. 115-72
RESOLUTION APPROVING•ASSUMPTION OF AGREEMENT
BETWEEN DAVID P. VIENNA AND FRANCIS T. VIENNA AND
THE CITY OF MORRO BAY BY
KENNINGTON AND TROUTT, A PARTNERSHIP
T H E C I T Y C O U N C I L
City of Morro Bay, California
WIiEREAS, Kennington and Troutt, a partnership, have
assumed all the responsibilities and obligations of David
P. Vienna and Francis T. Vienna, husband and wife, con-
cerning certain improvements and conditions relating to
Tract No. 425; and
WHEREAS, Kennington and Troutt have attested to said
assumption by endorsement to the agreement made and entered
into as of September 15, 1972, by and between David P.
Vienna, Francis T. Vienna, husband and wife,and the City
of Morro Bay; said agreement being approved by and made
a part of Resolution No. 90-72, dated September 25, 1972:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby approve the assump-
tion by Kennington and Troutt, a partnership, of the agree-
ment between David P. Vienna, Francis T. Vienna and the
City of Morro Bay.
On motion by Councilman Jennings 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, Jennings, Keiser, McConaahay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 19, 1972
ALE C. MI HELL, Mayor
ATTEST:
L. WARDEN, City Clerk
9 0
RESOLUTION NO. 114-72
RESOLUTION ACCEPTING WORK AND DIRECTING THE CITY CLERK
TO RECORD NOTICE OF COMPLETION IN IMPROVEMENT DISTRICT NO. 6,
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 Engineer of Work and the Director of Public
Works of the City of Morro Bay, having certified to this City Council
that the improvements to be constructed in Improvement District
No. 6, City of Morro Bay, San Luis Obispo County, California, by
Hi -Way Contractors, Inc., 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 llth of December, 1972.
NOW, THEREFORE, BE IT RESOLVED.by the City Council of the
City of Morro Bay that said work is accepted as completed on the llth
day of December, 1972, and the City Clerk of the City of Morro Bay
is hereby directed to record in the office of the County Recorder
of the County of San Luis Obispo a Notice of Completion.
BE IT FURTHER RESOLVED that the final contract costs
incorporated in said certificates are hereby accepted and that
disbursement to the contractor shall be made in accordance with
said final contract costs.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 11, 1972
DALE C.-MiTCHELL, Mayor
ATTEST:
RESOLUTION NO. 113-72
RESOLUTION RENEWING WATERFRONT
USE PERMIT AGREEMENT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, waterfront Use Permit Agreement granted
by the City of Morro Bay, a municipal corporation, to
L. Virgil Moores for the use of Lease Site No. 113W
expires on December 31, 1972; and
WHEREAS, it is in the public interest that this use
permit be extended for one year:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that paragraph 1 of waterfront
Use Permit Agreement be changed to read as follows:
"The term of this agreement shall be
from January 1, 1973 to and including
December 31, 1973"; and
BE IT FURTHER RESOLVED that all the other terms,
conditions, and provisions of the said use permit dated
January 5, 1971, will remain in full force and effect,
and are hereby approved and ratified.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety on the
following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 11, 1972
K O&Je y%a�L'—L %
DALE C. MITCHELL, Mayor
ATTEST:
JtL___,
. WARDEN, City Clerk
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WATERFRONT USE PERMIT AGREEMENT
The City of Morro Bay, a municipal corporation of the State
of California (hereinafter called CITY) hereby grants to L. Virgil
Moores (hereinafter called PERMITTEE) the right to use, on the
terms and conditions hereinafter set forth, that property of the
City of Morro Bay, located within the City Limits of the City of
Morro Bay, County of San Luis Obispo, State of California, and
described as follows:
Lease Site 113W as shown on the map entitled
"Map of Lease Site 113W, Morro Bay Harbor,
City of Morro Bay" dated July 1, 1966, attached
hereto and by reference made a part hereof.
The property is further described as follows:
Beginning at the point of intersection of the
westerly prolongation of the north line of
Surf Street (formerly 9th Street) and the
easterly right-of-way line of the Embarcadero;
thence S 36015' W, 190.66 feet to the true
point of beginning; thence S 36*15' W, 56.34
feet; thence N 53145' W, 200.00 feet; thence
N 36*15' E, 36.04 feet; thence S 59*32140" E,
201.03 feet to the true point of beginning;
containing 9,238 square feet.
1. The term of this agreement shall be from January 1, 1973
to and including December 31, 1973.
2. As consideration for the rights and privileges granted
to PERMITTEE hereunder, PERMITTEE shall pay to CITY the sum of
Forty -Five Dollars ($45.00) per month for each month for which
this agreement shall be in effect. Such payments shall be -paid to
the City Clerk in advance on the first day of each month during
the term of this Use Permit Agreement.
3. PERMITTEE shall use said property for the following
purposes and for no other purpose, to -wit: Construction and
linstallation of floating docks, mooring of vessels, loading and
lunloading passengers, and free access to the public for fishing.
4. This permit may be terminated by CITY at any time by
order of the Morro Bay City Council, which termination shall
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effective ten (10) days after the date upon which such
)rder shall have been made except as otherwise provided herein,
and PERMITTEE shall thereupon peacefully surrender possession
thereof to CITY.
5. PERMITTEE shall keep said property in good repair and
shall surrender said property to CITY -at the expiration or termin=
ation of this permit in as good condition as it was when it was
originally received by PERMITTEE from the County of San Luis
Dbispo, reasonable wear excepted. Notwithstanding any of the
foregoing, said.property shall not be altered or changed in any
way by PERMITTEE without the prior written approval of CITY.
6.a This Use Permit Agreement is granted to PERMITTEE upon
the express conditions that PERMITTEE shall keep and hold CITY f
from all liability, expense, and claim for damages by reason of
any injury or death to any person or persons, including PERMITTEE,
or property of any kind whatsoever and to whomsoever belonging,
including PERMITTEE, from any cause or causes whatsoever during
term of this Use Permit Agreement or any extension thereof or any
occupancy or use hereunder; PERMITTEE hereby covenanting and
agreeing to indemnify and save CITY harmless from all liability,
loss, cost, and obligations on account of or arising.out of any
such injuries or losses howsoever occuring.
6.b PERMITTEE agrees to take out and keep in force during
the life hereof at PERMITTEE'S expense, liability insurance to
protect against any liability to any person or persons, including
PERMITTEE, resulting from any occurrence in or about or incident
to said property and appurtenant areas in the amount of $100,000
to indemnify against the claim of one (1) person, $300,000 against
the claim of two (2) or more persons, and $50,000 for property
damage. Said policies shall insure the liability of PERMITTEE and
the liability, contingent or otherwise, of CITY and such other
persons, firms, or corporations as may be designated by CITY. If
-2-
I PERMITTEE does not keep such insurance in full force and effect,
2 CITY may take out the necessary insurance and pay the premiums and
3 the repayment thereof shall be paid by PERMITTEE on the first day
4 of the following month, or in the sole discretion of CITY, this
5 Use Permit Agreement may be immediately terminated. PERMITTEE
6 shall provide CITY with copies or certificates of all of said
7 policies including endorsements which state that such insurance
8 shall not be cancelled except after ten (10) days prior written
9 notice to CITY. Each such policy shall be approved as to form and
10 insurance company by CITY.
11 6.c Any insurance policy insuring PERMITTEE against claims,
12 expense, or liability for injury or death to person or property in
13 or about said property or for business interruptions shall provide
14 that the insurer shall not acquire by subrogation any right of
15 recovery which PERMITTEE has expressly waived in writing prior to
16 the occurrence of the loss. PERMITTEE hereby waives any right of
17 recovery against CITY for any such claim, expense, liability, or
18 business interruption.
19 7. PERMITTEE shall pay all.charges for all utilities,
20 including but not by way of limitation, electricity, gas, water,
21 and telephone which are used on or about said property during the
22 term of this Use Permit Agreement.
23 8. CITY shall have the right to enter upon said property at
24 all reasonable hours to examine the same or to make such repairs
25 or temporary alterations as CITY shall, in its sole discretion,
26 desire.
27 9. PERMITTEE shall reimburse CITY for any and all attorney',
28 fees and expenses incurred by CITY in enforcing, perfection, or
29 protecting CITY'S rights under this Use Permit Agreement.
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.,
Dated:
ATTEST:
M. ARDEN, City Clerk
ated:
CITY OF MORRO BAY
DALE C. MITTCHE L, Mayor
PERMITTEE
,fix% o� /�,-�-�-
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RESOLUTION NO. 112-72
RESOLUTION APPROVING SUBLEASE OF
LEASE SITES NO. 96 AND 96W
SHIRLEY L. RICHEY
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 is the lessor of certain
property described as Lease Sites No. 96 and 96W as shown
on Parcel Map No. MB-68-30; and
WHEREAS, Shirley L. Richey is the lessee of said
property; and
WHEREAS, Shirley L. Richey as lessee, has requested
approval by the City of Morro Bay, under the terms of said
lease, to sublease to John Mitchell and Virginia Mitchell,
husband and wife, Lease Sites No. 96 and 96W; and
WHEREAS, the City of Morro Bay does not assume any
responsibility or liability for agreements entered into
between Shirley L. Richey as lessee, and John Mitchell
and Virginia Mitchell, husband and wife, as sublessee:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby consent to the sub-
lease of Lease Sites No. 96 and 96W to John Mitchell and
Virginia Mitchell, husband and wife; and
BE IT FURTHER RESOLVED that said consent does not
alter any of the duties and obligations under the terms. df
said lease of the lessee, Shirley L. Richey, to the City of
Morro Bay as lessor.
On motion by Councilman Jennings 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,
and Mayor Mitchell
NOES: None
ABSENT: None
Jennings, Keiser, McConaghay
ADOPTED: December 11, 1972
DAM C.-MITCHELL, Mayor
ATTEST:
WARDEN, City Clerk
RESOLUTION NO. 111-72
RESOLUTION AUTHORIZING CHANGES IN PERMITTED
USES ON LEASE SITES NO. 96 AND 96W
SHIRLEY L. RICHEY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, it is mutually agreed between the City of
Morro Bay and Mrs. Shirley L. Richey, holder of leasehold
interests in Lease Sites No. 96 and 96W, that changes be
made in the permitted uses on said lease sites:
NOW, THEREFORE, BE IT RESOLVED that the uses "whole-
sale and retail fish sales" be added to the list of
permitted uses.
BE IT FURTHER RESOLVED that effective on the adopt-
ion of this resolution, the following is a complete list
of all the permitted uses on Lease Sites No. 96 and 96W:
Boat landing for commercial use,
commercial fish processing plant,
wholesale and retail fish sales,
and outdoor restaurant.
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 Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 11, 1972
ATTEST:
M. L. WARDEN, City Clerk
Jennings, Keiser, McConaghay
DALE C. MITCHELL, Mayor
RESOLUTION NO.110-72
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
GEORGE F. BAIER AND RONALD L. MYERS
FOR LEASE SITE NO. 18
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a request has been received from George F.
Baier and Ronald L. Myers as tenants of Lease Site No. 18,
to extend the term for said Lease Site No. 18; and
WHEREAS, it is in the public interest that approval
of this amendment be given by the City Council and that
it become effective December 13, 1972.
NOW, :THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to
the Amendment to Lease for Lease Site No. 18 held by
George F. Baier and Ronald L. Myers, to extend the term
of said lease an additional fifteen (15) years so that
said lease will expire on September 30, 2009 instead
of on September 30, 1994, as presently provided.
On motion.by gouncilman Jennings 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 Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 11, 1972
ATTEST:
M. WARDEN, City Clerk
Jennings, Keiser, McConaghay
I IF
�•N.o
AMENDMENT TO LEASE
WHEREAS, the City of Morro Bay, a municipal corporation,
entered into a lease with George F. Baier and Ronald L. Myers
on May 16, 1972, concerning Lease Site No. 18.
For good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the aforesaid lease
is amended as follows:
1. Paragraph 2 of said lease is amended to read
as follows:
"The term of this lease shall be forty
(40) years commencing October 1, 1969,
and terminating without notice on
September 30, 2009, unless sooner ter-
minated as herein provided."
2. All the other terms, conditions and provisions
of the aforesaid lease of October 1, 1969,
will remain in full force and effect, and
are hereby approved and ratified.
IN WITNESS WHEREOF, this Amendment to Lease has been
executed as of the 13th day of December, 1972.
ATTEST:
M�'L. WARDEN, City Clerk
CITY OF MORRO BAY, a Municipal
Corporation
DALE
C.
MITCHEEL,
Mayor
TENANT
GEO GE F BAIER
ALD L. MYERS
11
RESOLUTION NO. 109-72
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
ARTHUR R. FRY AND ELAINE K. FRY, HIS WIFE
FOR LEASE SITES NO. 50 AND 50W
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a request has been received from Arthur R.
Fry and Elaine K. Fry, his wife, as Tenants of Lease Sites
No. 50 and 50W to amend the permitted uses of the lease
for said Lease Sites No. 50 and 50W; and
WHEREAS, it is in the public interest that approval
of this request and approval of other provisions of said
lease as specified by the Amendment to Lease for Lease
Sites No. 50 and 50W attached hereto as Exhibit A, be
given by the City Council and that it become effective
December 15, 1972:
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
Amendment to Lease to Lease Sites No. 50 and 50W attached
hereto as Exhibit A.
On motion by Councilman Jennings 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, Jennings, McConaghay and Mayor,
Mitchelll.
NOES: Councilman Keiser
ABSENT: None
ADOPTED: December 11, 1972 /0
DALE C. MITCHELL, Mayor
ATTEST:
*L4........
M.. WARDEN, City Clerk
AMENDMENT TO LEASE
Lease Sites No..50 and 50W
WHEREAS, the City of Morro Bay, a municipal corporation,
entered into a lease with Arthur R. Fry and Elaine K. Fry, his
wife, on October 26, 1971, concerning Lease Site No. 50 and
50W,
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and ade-
quacy of which is hereby acknowledged, the aforesaid lease is
amended as follows:
1. Paragraph five (5) of said lease is amended to
delete all reference to "Motel'.andaliving quarters
in connection therewith."
2. Paragraph five (5) of said lease is amended to
include the following and only the following
permitted uses:
"Geologic office and living quarters,
real estate office, yacht and ship
brokerage office, harbor guided tours
and boat rides, and underwater mainten-
ance and survey."
3. Paragraph four a (4a) is added to read as
follows:
"4a. It is understood and agreed by
City and Lessee that the permitted use
'Living quarters' shall not extend be-
yond the thirty (30) year term of this
lease dating from April 1, 1961, even
though the renewal option may be exercised."
4. All the other terms, conditions and provisions
of the aforesaid lease of April 1, 1971, will
remain in full force and effect and are hereby
approved and ratified.
IN WITNESS WHEREOF, this Amendment to Lease has been exe-
cuted as of the 15th day of December, 1972.
ATTEST:
.....,.. ...
M. L. WARDEN, City Clerk
CITY OF MORRO BAY, a municipal
corporation
DALE C. MITCHELL, Mayor
TENANT
ARTHUR R. FRY
ELAINE K. FRY
RESOLUTION NO. 108-72
RESOLUTION CONCERNING WASTEWATER RECLAMATION
AND REQUESTING REGIONAL WATER QUALITY CONTROL BOARD
ACTIONS IN ORDER TO PROCEED WITH
WASTEWATER RECLAMATION PROJECT
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 is attempting to develop all
possible means for alleviating its present and anticipated water
supply shortage; and
WHEREAS, water management procedures do not completely utilize
present water resources since large volumes of fresh water are
being used for irrigation of agriculture and the Morro Bay Golf
Course; and
WHEREAS, it appears feasible that wastewater reclamation
could beneficially result in conserving fresh water resources by
recharging the ground basin and by direct use of reclaimed waste
water for irrigation purposes; and
WHEREAS, implementation of recent State of California legis-
lation requires that the City of Morro Bay construct, within the
near future, a new multi -million dollar wastewater outfall; and
WHEREAS, reuse of wastewater discharges could delay or eli-
minate this requirement provided that standards and requirements
for the reuse of wastewater can be established; and
WHEREAS, Federal or State of California grants may be avail-
able for total wastewater reclamation projects; and
WHEREAS, the City of Morro Bay is presently determining the
design and cost estimates for a total reclamation project and
is discussing, with contiguous landowners in the Chorro Valley,
means whereby the water from such a project could be put to bene-
ficial use; and
WHEREAS, the process of securing Federal or State grants
for reclamation projects requires considerable lead time before
the project can be initiated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay requeststhat the State of California Water
Quality Control Board establish requirements and standards for
reuse of waste water for irrigation and surface recharge so that
design and cost factors can be determined; and
BE IT FURTHER RESOLVED, that the City Council supports the
concept of wastewater reclamation as a partial solution to the
shortages in water supply and for the disposal of wastewater; and
BE IT FURTHER RESOLVED that the City Council requests the
State of California Water Quality Control Board to include a
City of Morro Bay wastewater reclamation project and additional
treatment system in the 1973-74 Project Report; and
Resolution No. 108-72
Page Two
BE IT FURTHER RESOLVED that the City Clerk is hereby directed
to forward this resolution to the San Luis Obispo Regional Water
Quality Control Board.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 11, 1972
da"6 (' zap
DALE C. MITCHELL, Mayor
ATTEST:
ael�
M. r. WARDEN, City Clerk
•
RESOLUTION NO. 106-72
RESOLUTION ESTABLISHING FEE SCHEDULES FOR
PROCESSING PROJECT APPLICATIONS AS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, implementation of the California Environmental
Quality Act of 1970 requires the submission of certain reports;
and
WHEREAS, the processing of these reports will add certain
administrative costs to the City of Morro Bay; and
WHEREAS, the applicant for projects requiring this pro-
cessing should bear the costs involved; and
WHEREAS, the California Environmental Quality Act of 1970
requires notification to the public of certain projects and
provides for the appeal of any decision by City agencies con-
cerning enviornmental assessments.
NOW, THEREFORE, BE IT RESOLVED that the City Council does
approve and adopt the following fee schedule to defray these
costs:
$ 2.00 per application for advertising
$15.00 per appeal by any person appealing
a City agency decision concerning
environmental assessments
Such fee as may be necessary to recover
the direct costs of preparing
Environmental Impact Reports when
such reports are prepared by the
City or any person or firm under
contract to the City for prepara-
tion of such reports.
On motion by Councilman Jennings and seconded by Council-
man 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 Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: November 27, 1972
ATTEST:
A K 4
M. L. WARDEN, City Clerk
Jennings, Keiser, McConaghay and
ALE C. MITCHELL, Mayor
CC.
RESOLUTION NO. 107-72
RESOLUTION ACCEPTING EASEMENT: AND
DIRECTING RECORDATION
ESTERO BAY UNITED METHODIST CHURCH
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 easement by and between
the Estero Bay United Methodist Church, grantor, and the
City of Morro Bay, California, as grantee granting to
the City the right to construct, maintain, operate and
use, a sewer line in, under and across a portion of
Lot 29 of the Rancho Moro Y Cayucos as shown on a map
filed for record in Book A of Maps at Page 160, in the
office of the County Recorder of said county, is hereby
accepted by the City Council of the City of Morro Bay;
and
BE IT FURTHER RESOLVED that the City Clerk be and
is hereby directed to record said easement, together
with a copy of this resolution, in the office of the
Recorder of the County of San Luis Obispo.
On motion by Councilman Jennings 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 Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: November 27, 1972 4/"
DALE C. MITCHELL, Mayor
ATTEST:
t/?i/- " -
MI'L. WARDEN, CCLty Clerk
RESOLUTION NO. 105-72
RESOLUTION AND ORDER ABANDONING PORTION
OF MAIN STREET BETWEEN QUINTANA ROAD
AND SURF 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 does hereby order the
vacation and abandonment of that portion of Lot 10 of the Rancho
San Bernardo as shown on a map filed in Book 1 of Maps at Page 6
in the office of the County Recorder, County of San Luis Obispo,
situated in the City of Morro Bay, County of San Luis Obispo, State
of California, and being also a portion of Main Street as shown on
the map of Tract No. 53 filed on February 24, 1950 in Book 5 of
Maps at page 74, in the office of the County Recorder of said
County described as follows:
Beginning at the southwest corner of Lot 11,
Block 3, of said Tract No. 53;
thence North 0033'30 West 112.00 feet along
the westerly line of said lot;
thence South 78019' 26" West 20.98 feet;
thence southerly along a curve, concave westerly
and tangent to a line bearing South 11040134"
East, having a radius of 937.00 feet, a central
angle of 6039159" and a length of 109.02 feet
to the westerly extension of the southerly line
of said Lot 11;
thence North 89026130" East 5.82 feet along
said westerly extension to the point of beginning;
and shown on Exhibit A attached hereto and made
a part hereof.
BE IT FURTHER RESOLVED that there shall be excepted and reserved
from said vacation and abandonment a permanent easement and right in
the City of Morro Bay, its commissions, boards, employees, agents,
contractors, and franchisees to install, remove, replace, repair,
rebuild, expand, operate, and maintain, over under, or upon the
property vacated, pipes, mains, conduits, cables, wires, poles,
and any and all other means of transmission of water, sewage, gas,
electricity, telephone, electrical impulses, radio signals, tele-
vision signals, and any and all other utilities, including all
appurtenant and convenient structures, equipment, and fixtures for
the operation of the aforesaid facilities; and
RESOLUTION NO. 105-72
Page Two
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
directed to file this resolution together with the original of
Exhibit A in the office of the County Recorder of the County of
San Luis Obispo.
On motion by Councilman Jennings 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 Donbhoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: November 27, 1972
ATTEST:
M— LT WARDEN, 'City Clerk
Jennings, Keiser, McConaghay and
OaA-e a&"-e
DALE C. MITCHE L, Mayor
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EXHIBIT A
RESOLUTION NO. 104-72
RESOLUTION GRANTING A USE PERMIT TO MORRO BAY
CHAMBER OF COMMERCE TO CONDUCT
ANNUAL CHRISTMAS PARADE
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 Christmas Parade on December
4, 1972; 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 Christmas Parade between the hours
of 12:01 p.m. and 11:59 p.m. on December 4, 1972; 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
lease 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
Keiser , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: November 27, 1972
ATTEST:
0�/444
i. WARDEN, City Clerk
Jennings, Keiser, McConaghay and
DALE C. MITCHE � �Ia `yor `"
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USE PERMIT AGREEMENT
The City of Morro Bay, a municipal corporation of the State
of California (hereinafter called CITY) hereby grants to the Morro
Bay Chamber of Commerce (hereinafter called PERMITTEE) the right
and privilege to use that property of the City of Morro Bay
located within the city limits of the City of Morro Bay, County of
San Luis Obispo, State of California, and described in Exhibit "A"
which is attached hereto and made a part of this Use Permit Agree-
ment (hereinafter called SAID PROPERTY), on the terms and condi-
tions hereinafter set forth.
1. The right and privilege granted to PERMITTEE pursuant to
this Use Permit Agreement shall become effective at the, hour of
12:01 p.m. on Monday, December 4, 1972, and shall expire when the
purpose hereinafter specified has ceased, but in no event later
than the hour of 11:59 p.m. on Monday, December 4, 1972.
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting activities in conjunction with the 1972 Christmas
]Parade, sponsored by PER14ITTEE, as follows:
a. Street parade on Morro Bay Boulevard, Morro Avenue,
Harbor Street, and Main Street, December 4, 1972.
3. PERMITTEE shall at all times during the Christmas Parade
adequately supervise the participants in.order to protect the
lives and property of motorists, pedestrians, spectators, and
participants. 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
Jall regulations, rules and orders of duly constituted CITY
lofficials with respect to any part or phase of the parade,
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including, by way of illustration but not limitation, restrictions)
on smoking, composition of exhibits, speed of the parade, and
spacing between the participants' exhibits.
4.a This Use Permit Agreement is granted to PERMITTEE upon
the express conditions that PERMITTEE shall keep and hold CITY
free from all liability, expense, and claim for damages by reason
of any injury or death to any person or persons, including
PERMITTEE, or property of any kind whatsoever and to whomsoever
belonging, including PERMITTEE, from any cause or causes arising
in any manner out of the issuance of this Use Permit Agreement or
the use of SAID PROPERTY during the term of this Use Permit Agree-
ment or any extension thereof or any occupancy or use hereunder;
PERMITTEE hereby covenanting and agreeing to indemnify and save
the CITY harmless from all liability, loss, cost, and obligations
on account of or arising out of any such injuries or losses how-
soever occurring.
4.b PERMITTEE agrees to take out and keep in force during
the life hereof at PERMITTEE'S expense, liability insurance to p
tect against any liability to any person or persons, including
PERMITTEE, resulting from any occurrence in or about or incident
to SAID PROPERTY and appurtenant areas in the amount of $100,000
to indemnify against the claim of one (1) person, $300,000 against
the claim of two (2) or more persons, and $10,000 for property
damage. Said policies shall insure the liability of PERMITTEE and
the liability, contingent or otherwise, of CITY and such other
persons, firms, or corporations as may be designated by CITY. If
PERMITTEE does.not keep such insurance in full force and effect,
this Use Permit Agreement may be immediately terminated. PERMITTEE
shall provide CITY with copies or certificates of all of said
policies including endorsements which state that such insurance
shall not be cancelled except after ten (10) days' prior written
notice to CITY. Each such policy shall be approved as to form anc
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insurance company by CITY.
4.c Any insurance policy insuring PERMITTEE against claims,
expense, or liability for injury or death to person or property in
or about SAID PROPERTY shall provide that the insurer shall not
acquire by subrogation any right of recovery which PERMITTEE has
expressly waived in writing prior to the occurrence of the loss.
PERMITTEE hereby waives any right of recovery against CITY for any
such claim, expense, or liability.
CITY OF MORRO BAY
10
11 Dated:
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13 ATTEST:
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DALE C. MITCHELL, Mayor
MORRO BAY CHAMBER OF COMMERCE
By
Title:_�c:/,
7'Z v
Date: ��
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Exhibit "A"
• . 0
RESOLUTION NO. 103-72
RESOLUTION REQUESTING PERMISSION OF THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
TO SUBMIT A PRELIMINARY TECHNICAL REPORT AS
REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD'S
JULY 6, 1972 WATER QUALITY CONTROL PLAN FOR
OCEAN WATERS OF CALIFORNIA BY JANUARY 15, 1973,
WITH SUBMISSION OF FINAL REPORT ON, OR BEFORE,
JANUARY 1, 1974
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on July 6, 1972 the State Water Resources Control
Board adopted a water quality control plan for the ocean waters
of California pursuant to the Porter -Cologne Water Quality Control
Act of 1969; and
WHEREAS, said control plan requires submission by each waste
discharger by January 15, 1973, of a comprehensive technical report
concerning the waste discharge; and
WHEREAS, the State Water Resources Control Board issued guide-
lines for preparation of said technical reports, dated October 6,
1972, but said guidelines were not received in the office of the
Districts until October 25, 1972; and
WHEREAS, said guidelines provide that each waste discharger
unable to submit a final report by this date may apply, by December
16, 1972, for permission to submit a preliminary technical report
containing information and data specified by the Executive Officer
of the California Regional Water Quality Control Board having
jurisdiction; and
WHEREAS, the City of Morro Bay has determined that it is
infeasible to file a final technical report by January 15, 1973
but that by January 1, 1974, the City of Morro Bay will be able to
do so:
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay
applies forthwith to the California Regional Water Quality Control
Board for permission to submit a preliminary technical report as
specified by that Board's Executive Officer and further request
that the date for submission of the final technical report be
deferred to January 1, 1974.
BE IT FURTHER RESOLVED that a certified copy of this resolution
be forwarded to the California Regional Water Quality Control
Board, and to the State Water Resources Control Board.
On motion by Coun cClman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None.
ADOPTED: November 27, 1972
M.ATTESARDEN, City Clerk
Jennings, Keiser, McConaghay and
.. � & & (F ;� /... .
DALE C. MITCHELL, Mayor
RESOLUTION NO. 102-72
RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH
TO PREPARE A POPULATION ESTIMATE FOR 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 2107 of the State of California
Streets and Highways Code and Chapter 11005 of the State
of California Revenue and Taxation Code establish procedures
for changing a City's population estimate; and
WHEREAS, population estimates form the basis for
apportioning to the City of Morro Bay its share of
certain taxes, especially those from motor fuel and the
vehicle in -lieu property tax funds; and
WHEREAS, the City Council of the City of Morro Bay
desires to secure a current population estimate:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that Murray L. Warden, City
Clerk, City of Morro Bay, is hereby designated to arrange
with the State of California, Department of Finance for
a population estimate and is authorized to enter into
an agreement with a representative of the State of
California, Department of Finance for securing such
estimate.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, and Mayor
Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: November 16, 1972
ATTEST:
, 7� "/
M. L. WARDEN, City Clerk
(1 //.
DALE C. -MITCHELL,
RESOLUTION NO. 101-72
RESOLUTION ACCEPTING THE RESIGNATION OF
MALCOLM J. LITTLE AS CITY ADMINISTRATOR AND
CITY CLERK AND APPOINTING MURRAY L. WARDEN
TO BE CITY ADMINISTRATOR AND CITY CLERK
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Malcolm J. Little was, by motion of the
City Council on April 22, 1968, appointed Interim City
Administrator and City Clerk of the City of Morro Bay;
and
WHEREAS, Malcolm J. Little was, by motion of the
City Council on October 1, 1968, appointed City Adminis-
trator of the -City of Morro Bay; and
WHEREAS, Malcolm J. Little has submitted his resig-
nation from this City Office to be effective November 1,
1972:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby accept the resigna-
tion of Malcolm J. Little effective November 1, 1972; and
BE IT FURTHER RESOLVED that Murray L. Warden be and
is hereby appointed to fill the office of City Administrator
and City Clerk of the City of Morro Bay effective November
1, 1972.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety on the
following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, and Mayor
Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972 �(G1,
, Mayor
ATTEST:
2M.
9i y Clerk
RESOLUTION NO. 97-72
RESOLUTION ESTABLISHING PROCEDURES AND INTERIM
GUIDELINES FOR IMPLEMENTING THE
CALIFORNIA SUPREME COURT DECISION CONCERNING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the California Supreme Court, on September 21, 1972,
filed its decision in the Friends of Mammoth case; and
WHEREAS, the Supreme Court decision holds, in part, that the
California Environmental Quality Act of 1970 applied to private
activities for which a permit, license or other similar entitlement
is required; and
WHEREAS, it appears that clarification as to the meaning and
scope of the impact of the Supreme Court's decision will not be
known for some time; and
WHEREAS, procedures must be established for determining
whether a project for which a permit, license or other authorization
is required may have a significant effect on the environment; and
WHEREAS, it is in the best interest of the public that the
City Council of the City of Morro Bay establish procedures and
interim guidelines for implementing the Supreme Court decision:
NOW, THEREFORE, BE IT RESOLVED that no permit, license or
other entitlement shall be issued or approved if the proposed
project may have a significant effect on the environment until an
Environmental Impact Report has been made; and
BE IT FURTHER RESOLVED that the City Council does approve.
and adopt the procedures and interim guidelines attached hereto
as attachments A, B, C, and D; and
BE IT FURTHER RESOLVED that the City Attorney, City Adminis-
trator, City Planning Department and City Planning Commission are
hereby directed and authorized to implement and enforce these pro-
cedures subject to appeal to the City Council of the City of Morro
Bay by any person or persons aggrieved by decisions or rulings
arising from the exercise of this authority.
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 Donohoo, Jennings, Keiser, and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972
DALE C. MITCHEL , Mayor
nmmocm.
•
Attachment "A"
USES OR PERMITS HAVING NO SIGNIFICANT
ENVIRONMENTAL IMPACT
1. All permits for repair, maintenance or minor alteration of
existing structures.
2. All permits for construction of single-family residences and
multiple -dwelling units up. -to and including a maximum of
four units.
3. All permits for incidental activities (e.g., encroachment
permits) which is a permitted use within any zoning district.
4. Any lot division which is a minor subdivision and which does
not exceed four (4) lots.
5. Any permit required to meet conditions imposed upon any such
lot division referred to in No. 4 above.
6. Renewal of any current business license.
7. Issuance of any business license for a business which is a
permitted use or a use authorized by variance in the zoning
district in which the business is located or which is a con-
ditional use in the zoning district and for which use a con-
ditional use permit has been issued.
8. Any encroachment permit required to be obtained from the City
Engineer for access to roads within the City maintained road
system and maintenance and operation of City owned properties.
9. Any permits required for construction of curbs, gutters, side-
walks or any of these.
10. Any permits for construction of sewerage systems required by
reason of construction otherwise authorized herein as not having
a significant effect on the environment.
11. All grading not exceeding 100 cubic yards with slope of less
than 15% and an average depth not exceeding three (3) feet as
defined under present excavation and grading ordinances.
12. All demolition of existing structures except those structures
with historical significance.
13. Construction, erection and moving of signs that do not require
the approval of a conditional use permit, department review,
or variance.
These categorical exemptions shall not preclude those persons
directed and authorized to process a proposed project from requiring
an Environmental Impact Report if, -'in their judgement,'the project
may have a significant effect on the environment.
•
0 Attachment "B"
INTERIM GUIDELINES FOR ASSESSING WHETHER A
PROPOSED PROJECT MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT
The following questions must be answered by the permit issuing
or approval body or officer in determining whether a proposed pro-
ject may have a significant effect on the environment:
Yes No
1. Could the project significantly.change
present uses of the project area?
2. Could the project significantly change
present uses of land outside the project
area?
3. Could the project affect the use of a
recreational area or area of important
aesthetic value?
4. Could the project affect the functioning of
an established community?
5. Could the project result in the displace-
ment of community residents?
6. Are any of the natural or man-made features
in the project area unique;., that is, not
found in other parts of the county, state,
or nation?
7. Could the project significantly affect a
known historical or archaelogical site or
its setting?
8. Could the project significantly affect the
potential use, extraction or conservation
of a scarce natural resource?
9. Does the project area serve as a habitat,
food source, nesting place, source of water,
etc., for rare or endangered wildlife or
fish species?
10. Could the project significantly affect
fish, wildlife, or plant life?
11. Are there any rare or endangered plant
species in the project area?
12. Could the project change existing features
of any of the region's lagoons, bays, or
tidelands?
13. Could the project change existing features
of any public beaches in the city?:,' ....
14. Could the project result in the erosion of
outside property?
is
Interim Guidelines
Page Two
Yes No
15. Could the project serve to encourage develop-
ment of presently undeveloped areas or
intensify development of already developed
areas? " ' '
16. Will the project require a variance from
established environmental standards (air,
water, noise, etc.), and/or adopted plans?
17. Will the project require certification,
authorization or issuance of a permit by
any local, state or federal environmental
control agency? " .
18. Will the project require issuance of a
variance or conditional use permit?
19. Will the project involve the application,
use, or disposal of hazardous materials? .....
20. Will the project involve construction of
facilities in a flood plain?
21. Will the project involve construction of
facilities in the area of a known active
fault?
22. Could the completed project result in the
generation of significant amounts of noise?
23. Could the construction of the project
result in the generation of significant
amounts of dust?
24. Could the completed project result in the
generation of significant amounts of dust?
25. Will the project involve the burning of
brush, trees, construction materials, etc.?
26. Could the project result in a significant
change in -.the quality of any portion of the
City's air or water resources? (Should note
surface, ground water, offshore.)
Statement of No Significant Environmental Effects
If you have answered yes to one or more of the questions above,
but still think the project will have no significant environmental
effects, indicate your reasons below.
Interim Guidelines
Page Three
Statement"''of No Significant Environmental Effects
Conclusions
Place a check in the appropriate box.
[ ] It has been determined that the project will not have signi-
ficant environmental effects.
[ ] It has been determined that the project could have signifi-
cant environmental effects. An environmental impact state-
ment will be submitted on (approximate
date).
By.... .... ... ... .
(Planning Director, Building
Official, etc.)
•
• Attachment "C"
INTERIM GUIDELINES
Private Projects Requiring Environmental Impact Reports
Responsibility
The applicant requesting approval of a project requiring an
Environmental Impact Report shall submit such information on the
environment and the proposed project necessary for the City to
evaluate and make a determination on the environmental effect,
it's magnitude and importance.
Scope of Required Information
A. Description of present land characteristics of site
to be developed and surrounding area:
1. Existing development and prior man-made
alterations to the natural environment.
2. Physical characteristics.
3. Natural vegetation.
4. Wildlife/aquatic life.
5. Other values (historical, geological, aesthetic,
etc.)
0
B. Description of proposed project:
1. Description of project:
a. Purpose (use).
b. Objective.
C. Structures or other alterations to the
natural environment:.
d. Number of employees and anticipated
visitors.
e. Phasing of development.
2. Need for project.
3. Construction methods and phasing to minimize
possible adverse effects on the environment
during construction.
4. Relationship to surrounding area.
a. Present zoning.
b. Present land use.
C. Adopted general plans.
d. Access.
C. Other information:
Additional data and comments which may aid the City in
evaluating the project and its effect as noted in the
following section.
Evaluation
The Planning Department shall evaluate and report to the
Planning Commission and/or City Council on the information
submitted by the applicant or his agent. The Department may
solicite from other departments, agencies and persons aid, as
may be necessary and available. The evaluation and report shall
deal with:
Interim Guidelines
Page Two
A. The environmental impact of the proposed action.
B. Any adverse environmental effects which cannot be
avoided if the proposal is implemented.
C. Mitigation measures proposed to minimize the impact.
D. Alternative to the proposed action.
E. The relationship between local short-term uses of
man's environment,- and the maintenance and enhance-
ment of long term productivity.
F. Any irreversible environmental changes which would
be involved in the proposed action should it be
implemented.
Processing
The Planning Department shall submit its evaluation and report
to the Planning Commission for all projects except unrelated building
permits at the time the Commission would otherwise be considering
the project (zoning, Conditional Use Permit, subdivision, etc.).
All departmental reviews and parcel maps shall be referred to the
Commission when an Environmental Impact Report is required. All
projects requiring an Environmental Impact Report shall then be
referred to the City Council for consideration at a public hearing.
Building permits requiring an Environmental Impact Report will be
referred directly to the City Council.
C�
. Attachment "D"
PROCESSING APPLICATIONS FOR
PROJECTS REQUIRING CITY PERMITS
1. Any application presented to the Planning and Building Depart-
ment for a City permit shall be evaluated to determine if an
Environmental Impact Report is required. This determination
will be made utilizing the standards and guidelines established
by Attachments A and B.
2. If it is determined that the project is one which falls within
the exempted categories of projects, i.e., Attachment A, or
if the project is considered to have no significant environ-
mental impact, Attachment B, a negative declaration will be
made and attached to the project application by the reviewing
official.
3. If the project requires Planning Commission review and action,
the Planning Commission will evaluate the project utilizing
the same guidelines as referred to above prior to granting
the requested permit.
4. The applicant for any project shall, if requested to do so,
supply to the Planning and Building Department or the Planning
Commission any and all information considered necessary to
properly evaluate the environmental aspects of the project.
Such information shall be provided at no cost to the City.
Attachment C will be used as a guide for providing the
necessary information.
5. If the project is determined to be one which falls within the
exempted categories or if a "negative determination" is made,
this determination shall be posted on the City Hall bulletin
board and published at least once in a newspaper of general
circulation within the City of Morro Bay. A permit will not
be granted until ten (10) days after the publication date of
a newspaper of general circulation containing such notice
in order to provide an opportunity for the filing of public
objections and/or appeals. Such objections or appeals shall
be presented in writing to the Planning and Building Depart-
ment and must be received within the ten day notification
period. Upon receipt of a public appeal, the project appli-
cation will be referred to the City Council for hearing and
determination.
6. If a project is determined to require an Environmental Impact
Report, the project applicant shall be required to provide
the Planning Department with any and all information necessary
prepare such report. The Planning Department shall be the
primary agency responsible for the preparation of an Environ-
mental Impact Report.
a. The Planning Department shall publish, in a newspaper of
general circulation within the City of Morro Bay, a notifi-
cation that the project under consideration requires an
Environmental Impact Report and shall notify the public of
their right to review and comment on this report. Any comments
must be in writing and will be attached to the report prepared
by the Planning Department. Comments must be received by the
Planning Department within ten (10) days after the publication
date of notification.
b. Upon completion of the Environmental Impact Report, and after
passage of the ten day period for public review,.the project
• 0
Processing Applications
Page Two
application will be presented to the City Council for hearing
and final determination. Notice of such hearing shall be by
publication in a newspaper distributed within the City of
Morro Bay prior to the hearing date.
7. The City Council shall review the application and Environ-
mental Impact Report and shall determine if the permit shall
be issued and may also determine, after they hear the
Environmental Impact Report,•', that there are terms or
conditions which minimize the environmental impact.
RESOLUTION NO. 100-72
RESOLUTION APPROVING ASSIGNMENT OF
LEASE SITES NO. 110W, 111W, AND 112W
FROM THE ESTATE OF LAURANCE F. CARVER
TO BREBES MORRO BAY FISHERIES, INC.
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 Ray A. Gallo on behalf
of the Estate of Laurance F. Carver, to transfer the leasehold
interest in Lease Sites No. 110W, 111W, and 112W to Brebes Morro
Bay Fisheries, Inc., a California corporation; 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 the Estate of Laurance F. Carver
of the leasehold interest in Lease Sites No.
110W, 111W, and 112W, to Brebes Morro Bay
Fisheries, Inc.: and
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution; and
3. This assignment shall be come effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilman Donohoo, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972
D C. MITCHELL, Mayor
ATTEST:
-7hl<l /,- "zi�
M. LE, City Clerk
BREBES MORRO BAY FISHERIES, INC., a California corporation,
accepts the aforesaid assignment of lease from the Estate of
Laurance F. Carver, and hereby agree 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 and the applicable percentage of the gross at
the time and in the manner as therein set forth. Assignees.agree
to pay all accrued and unpaid rentals and the applicable percen-
tage of the gross for the period July 1, 1972 on, including any
amounts unpaid by the Estate of Laurance F. Carver.
Assignees acknowledge the superior title in the leased premises
of the State of California and the City of Morro Bay as successor
trustee of said land and agree not to contest said title. Assignee
agrees to pay liquidated damages of Twenty Thousand Dollars ($20,000)
and attorney fees in the event that assignees contest such title.
Assignee relies solely on its individual determination of
assignors right to assign and the validity of all previous assign-
ments, and its determination of the existence of any claims or
liens against said lease and acknowledges and understands that
City is not responsible for or connected with such right or claims
except to the extent of the City's interest and rights as Lessor
and trustee of the lease site.
c6�L Z/
CHARL E. O E, Vic7 Vesident
�_ 2a s
NAOMI BREBES, Secretary
STATE OF CALIFORNIA.
Conty o}
San Luis Obispo �jj•
oRtbij 27th a..yai_-_October^,,the year one thousand nine h..d,,d,.d. seventy two
before usr Helen H. WhitveT ................. ...a Notary Public in and for the- ---
county of_—..clan._.State of California, residing tberefa,
HELEN H. WHITVER
r*cI
an ExPlres APril :0, 1976
GOR OMAMON
ATTORNSYS PRINTING SUPPLY FORM NO. 7
duly commissioned and sworn, personally appeared...
Naomi Brebes
---------....._—... - -
known to me to be tbr..........
of the corporation described in and that executed the within instrument, and also ARMOR to me to be
the perton_—.wbo executed the within instrument on behalf of the corporation therein named,
and acknowledged to me that inch corporation executed the within instrument pursuant to its
bylaws or a resolution of its board of directors.
IN WITNESS WHEREOU'l have hereunto jet my band and affixed my official seal in the
_County of— San LiAs ObiSPO-ibedayand year in ibis
certificate fira above written. `
Notary Public in and for tt ...._.....Cvun .. an Lui s Obi s
1...._..t�ES'........_............_..........Qtate of California.
My Commission Expires.._A..P_r-i 1.-2 0a••_1976
ASSIGNMENT OF LEASE AND ASSUMPTION AGREF14ENT
THE ESTATE OF LAURANCE F. CARVER hereby assigns to Brebes
Morro Bay Fisheries, Inc., a California corporation, all the right,
title and interest in and to that certain lease dated January 1,
1970, by and between.the City of Morro Bay, a municipal corporation
and the Estate of Laurance F. Carver concerning that certain tide
and submerged lands lease sites known as Lease Sites No. 110W, 111W
and 112W; said lease sites being more particularly described as
Parcel No. 4 as shown on Drawing No. 1016 on Lease Map HL-9, Harbor
Lease Maps on file in the office of the Morro Bay City Clerk. The
term is forty years commencing January 1, 1970, and expiring with-
out notice on December 31, 2009.
Reference is made to said lease, a copy of which is attached
to the original of this Assignment of Lease and Assumption Agreement
for further particulars.
This assignment is conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 Tom` day of /1O4,6 1972.
ESTATE OF LAURANCE F. CARVER
RESOLUTION NO. 99-72
RESOLUTION APPROVING ASSIGNMENT OF
LEASE SITES NO. 105.3W, 106W, 107W, AND 108W
FROM THE ESTATE OF LAURANCE F. CARVER
TO BREBES MORRO BAY FISHERIES, INC.
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 Ray A. Gallo on behalf
of the Estate of Laurance F. Carver, to transfer the leasehold
interest in Lease Sites No. 105.3W, 106W, 107W, and 108W to
Brebes Morro Bay Fisheries, Inc., a California corporation; 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 the Estate of Laurance F. Carver
of the leasehold interest in Lease Sites No.
105.3W, 106W, 107W, and 108W, to Brebes Morro
Bay Fisheries, Inc.; and
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution; and
3. This assignment shall become effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972
DALE C. MITCHELL, Mayor
ATTEST:
ASSUMPTION AGREEMENT
Lease Sites No. 105.3W, 106W, 107W and 108W
Lease executed January 21, 1970
BREBES MORRO BAY FISHERIES, INC., a California corporation,
accepts the aforesaid assignment of lease from the Estate of
Laurance F. Carver and hereby agree 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 and the applicable percentage of the gross
at the time and in the manner as therein set forth. Assignees
agree to pay all accrued and unpaid rentals and the applicable
percentage of the gross for the period July 1, 1972 on, including
any amounts unpaid by the Estate of Laurance F. Carver.
Assignees acknowledge the superior title in the leased premises
of the State of California and the City of Morro Bay as successor
trustee of said land and agree not to contest said title. Assignee
agrees to pay liquidated damages of Twenty Thousand Dollars ($20,000)
and attorney fees in the event that assignees contest such title.
Assignee relies solely on its individual determination of
assignors right to assign and the validity of all previous assign-
ments, and its determination of the existence of any claims or
liens against said lease and acknowledges and understands that
City is not responsible for or connected with such right or claims
except to the extent of the City's interest and rights as Lessor
and trustee of the lease site.
BREBES MORRO BAY FISHERIES, INC.
CHA� . OGLE, V ce-P . dent
STATE OF CALIFORNIA
STATE OF CAUFORMA,
} u.
Ca"n of San Luis OBispo 1 seventy two
October n..,lnuaad.nine_bnndredand.__
STATE OF CALIFORNIA,
Conrty of -.
San Luis Obispo �"
Ora this 2 7 t h y cj_...— O C t o b e T_ in the year one thousand nine hundred and.—s even t y two
`eloreme Helen H. Whitver
— ... — ... - .............._.......a Notary Public in and for lhe.._._
I coeety o%_San LU i s Obispo _ _ Stare of California, residing therein,
defy commissioned and sworn, personally appeared__..____
Naomi Brebes `—
known to me to be th............ e C T e t a T
of the corporation described in and that execsrted the within instrument, and alto knows to mesa be
the person—wbo executed the within instrument on behalf of the corporation therein named,
HELEN H. WHITVER gad acknowledged to me that such corporation executed the within instrument pursuant to its
NOTARY PUBLIC by-laws or a reJolation of its board of directors.
n�J
s _ SAN LUIS OBISPO COUNTY IN 97(TNFSS WHEREOF I have bersumo%t my band and aQixed my a jjiria! seal in the
CALIFORNIA ! C------ f San Wis Obispo h
M Commission Expires April 20, 1976 a day and year in this
Y P P certificate first above written;
—T— all u 15 1 O Notary Public in D and f the .:............. CPun�-----,--- - Mate of aiifomia.
ArTOt•MfYa I-
ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT
THE ESTATE OF LAURANCE F. CARVER hereby assigns to Brebes
Morro Bay Fisheries, Inc., a California corporation, all the
right, title, and interest in and to that certain lease dated
January 1, 1970, by and between the City of Morro Bay, a munici-
pal corporation and the Estate of Laurance F. Carver concerning
that certain tide and submerged lands lease sites known as
Lease Sites No. 105.3W, 106W, 107W and 108W; said lease sites
being more particularly described as Parcel No. 3 as shown on
Drawing No. 1015 on lease map HL-9, Harbor Lease Maps on file
in the office of the Morro Bay City Clerk. The term is ten years
commencing January 1, 1970, and expiring without notice on
December 31, 1979.
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 conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 7� day of 1X00e rl,6G ✓, 1972.
ESTATE OF LAURANCE F. CARVER
r
RESOLUTION NO. 98-72
RESOLUTION APPROVING ASSIGNMENT OF
LEASE SITES NO. 109PW AND 109P
FROM MORRO BAY FISHERIES, INC.
TO BREBES MORRO BAY FISHERIES, INC.
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 Ray A. Gallo, on behalf
of Morro Bay Fisheries, Inc., a California corporation, to trans-
fer the corporate leasehold interest in Lease Sites No. 109PW and
109P to Brebes Morro Bay Fisheries, Inc., a California corporation;
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 Morro Bay Fisheries, Inc. of the
corporate leasehold interest in Lease Sites No.
109PW and 109P, to Brebes Morro Bay Fisheries,
Inc.; and
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution; and
3. This assignment shall become effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972
DALE C. MITCHELL, Mayor
ATTEST:
M L `TLE, City Clerk
ASSUMPTION AGREEMENT
executed January
BREBES MORRO BAY FISHERIES, INC., a California corporation,
accepts the aforesaid assignment of lease from Morro Bay Fisheries,
Inc., a California corporation, and hereby agree 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 and the applicable percentage of the
gross at the time and in the manner as therein set forth. Assignees
agree to pay all accrued and unpaid rentals and the applicable per-
centage of the gross for the period July 1, 1972 on, including any
amounts unpaid by Morro Bay Fisheries, Inc.
Assignees acknowledge the superior title in the leased premises
of the State of California and the City of Morro Bay as successor
trustee of said land and agree not to contest said title. Assignee
agrees to pay liquidated damages of Twenty Thousand Dollars ($20,000)
and attorney fees in the event that assignees contest such title.
Assignee relies solely on its individual determination of
assignors right to assign and the validity of all previous assign-
ments, and its determination of the existence of any claims or
liens against said lease and acknowledges and understands that Cit
is not responsible for or connected with such right or claims exce
tq the'extent of the City's interest and rights as Lessor and
trustee of the lease site.
FISHERIES,
STATE OF CALIFORNIA.
CGnntyGf San Luis Obispo "
27th ctober
OR tbif - d•y oj_.._..____.__..._..._m t e rats one than ad ninr brrndrrd and seventy two
_ ___(�_.L__ .. _ _
STATE OF CALIFORNIA,
cGXWyGf San Luis 1O,,bispo
On this—�.Z-tJl —day ott_� �QC C O �,Q,,�-_`•-_in the year one thousand nine hundred and s event?.w to
wore me Helen H, Whitver
............. -a Notary Public in and for the
San Luis Obis o
Comp _.�-Suta of California, residing therein,
duly commissioned and sworn, personally appemed.__._.__.
Naomi Brebes
4nown to me to be the ............ _... e C r e t ar
l Of the corporation described in and that executed the within instrument, and afro 4nown to me to be
HELEN H. WHITVER the person —who executed the within instrument on behalf of the corporation therein named,
F;
NOTARY PUBLIC and ac4nowledRed to me that such corporation executed the within instrament pursuant to its
'��; y' SAN 1U15 OaiS?0 COUNTY by-laws or a resolution o�iu board o/ directors.
.. CALITORNIA IN WITNESS WHEREOP I have hereunto set m band and a
My Commission Expires April 20, 1976 , 1� fixed my oJjicial mal in the
/ San' Luis Obispo
County af._._ hr day and year in this
mri(irate Fra/beni written. -- .-
$an Luis 0 is
Notary Publi to T91 the.............1...,Comrty pf._......____------..._....._._ ge of California oovounoN l -
ayrORNRYn PRIMING nUPPLY PORN NO. 7 (My Commission Expires.. April _2 0 , 1976.
•
E
ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT
MORRO BAY FISHERIES, INC., a California corporation, hereby
assigns to Brebes Morro Bay Fisheries, Inc., a California corpor-
ation, all the right, title and interest in and to that certain
lease dated January 1, 1970, by and between the City of Morro Bay,
a municipal corporation and Morro Bay Fisheries, Inc., concerning
that certain tide and submerged lands lease sites known as Lease
Sites No. 109PW and 109P; said lease sites being more particularly
described as Parcel 1 and Parcel 2 as shown on Drawings No. 1013
and 1014 on Lease Mal HL-9, Harbor Lease Maps on file in the office
of the Morro Bay City Clerk. The term is twenty-five years com-
mencing January 1, 1970, and expiring without notice on December
13, 1994.
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 conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 76 day of l✓ouc„.rbz( 1972.
MORRO BAY FISHERIES, INC.
RESOLUTION NO. 96-72
RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT
FOR THE FISCAL YEAR ENDING JUNE 30, 1973
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, 1973, 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 by Councilman Donohoo and seconded by
Councilman Jennings , 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, Jennings, Keiser and Mayor
Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: October 30, 1972
.
l/./i f, �.///7i��L�(�.. LE C. MITCHELL, Mayor
ATTEST:
M. E,
L7
RESOLUTION NO. 95-72
RESOLUTION APPROVING AGREEMENT
WITH MORRO BAY CHAMBER OF COMMERCE
FISCAL YEAR 1972-73
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the agreement by and between the City
of Morro Bay and the Morro Bay Chamber of Commerce, a
copy of which is attached hereto, is approved; and
BE IT FURTHER RESOLVED that the Mayor and City
Clerk be and are hereby authorized and directed to
sign said agreement, upon execution of the same by the
Morro Bay Chamber of Commerce.
On motion by Councilman Jennings 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, Jennings, Keiser and McConaghay
NOES: None ABSTAINED: Mayor Mitchell
ABSENT: None
ADOPTED: October 9, 1972
DAXE C. MITCHELL, Mayor
A_G R E E M E N T_
3 This Agreement, effective Jul 1
Y , 1972, is entered into by and
4 between the City of Morro Bay, a municipal corporation, hereinafter
5 referred to as CITY
and the Morro Bay Chamber of Commerce, a non-
8 profit corporation, hereinafter referred to as CHAMBER.
7 WHEREAS, CITY desires to promote its advantages as a business
8 industrial, recreational, and residential center; disseminate '
9 information relative thereto; and properly follow-up and give
10 consideration to inquiries made from time to time relative to the
11 various activities of CITY and its
Possibilities; and
12 WHEREAS, CITY desires CHAMBER to
perform certain promotional
13 and other services for CITY, which CITY believes will be of great
14 advantage and benefit to CITY
and the citizens, residents, property
15 owners, and taxpayers thereof, and will promote the general welfare;
18 and
17 WHEREAS, CHAMBER is organized for such
18 promotional activities
on behalf of CITY and is in a position to accomplish such aims and
19 purposes of CITY in an efficient and economical manner
20 WHEREAS and
the provisions of the Government Code of the State of
21 California authorize the expenditure of public funds by a municipal
22 corporation for advertising or publicity as therein and herein
23 provided:
24 NOW, THEREFORE
in consideration of the premises and covenants
25 and promises hereinafter set forth
the parties hereto hereby agree
28 as follows:
27 1• That the foregoing g g recitals are true and correct and
28 constitute accurate statements
Of fact herein.
29 2. CHAMBER will maintain a
public office to be identified by
30 a suitable sigh that will be readilyidentifiable 31 identifiable by members of the
Public, and will provide information to visitors, business, and
32 professional
People. A staff member of member of the Chamber will
1 be available daily during regular office hours, Monday through
2 Friday.
3 (a) CHAMBER will employ a general manager and such
4 secretarial help as will be necessary to adequately carry out the
5 office duties of the CHAMBER.
8 (b) It is agreed that the compensation received from CITY
7 may be used to partially defray the operating expenses of CHAMBER,
8 and that all expenditures from these funds shall be subject to audit
9 by CITY. The books of CHAMBER shall be open to inspection by CITY
10 at any time.
11 (c) CHAMBER shall supply maps and promotional literature
12 about Morro Bay and will maintain files on economic conditions,
13 industrial sites, and general business information about the
14 community. CHAMBER will be responsible for updating published
15 information included in Chamber of Commerce literature. These
18 materials will be available to visitors and potential industrialists
17 who are seeking information.
18 (d) CHAMBER will also maintain a library of literature,
19 business, and telephone directories for public use.
20 (e) CHAMBER will assist in the promotion.of community
21 events such as "Rock-O-Rama" and other celebrations and festivities
22 attracting visitors to the areas. It shall be a goal of CHAMBER to
23 attract conventions and conferences to CITY and to assist them in
24 making arrangements during their stay.
25 (f) In all activities, CHAMBER shall be a public infor-
28 mation agency disseminating information and creating good will and
27 advancing the development of CITY and its trading and tourist areas.
28 CHAMBER furthermore agrees to cooperate in carrying forward
29 community research studies and to assist in establishing trends for
30 future development.
31 (q) CHAMBER will carry on such other duties as may be
32 mutually agreed upon by the parties hereto to promote the business,
-2-
�J
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2
3
4
5
8
7
8
9
10
11
12
13
14
15
18
17
18
19
20
21
22
23
24
25
28
27
28
29
30
31
32
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 person
and property upon premises maintained by CHAMBER, during CHAMBER -
sponsored activities and events wherever situated; said insurance
policy to be in form, amount, and issued by companies satisfactory
to CITY. within ten (10) days of the date the last of the
signatories executes this Agreement, CHAMBER will submit to CITY
evidence of such insurance.
4. CITY shall pay to CHAMBER a sum of money not to exceed
(twenty per cent (20%) of the total receipts derived from the
Uniform Transient Occupancy Tax for the fiscal year 1972-73 for the
furnishing of said services and upon the following conditions:
(a) Payments shall be made upon an itemized claim or.:
demand for services rendered or to be rendered, to be approved by
CITY.
(b) Payments shall be made at the convenience of CITY
and all payments are subject to prior approval of the City Council.
(c) Payments may include services for the month of July,
1972 through the month of June, 1973.
(d) None of the funds furnished by CITY hereunder shall
II be used for printing costs for materials advertising any private
business or enterprise.
(e) Payments shall be made at the end of each quarter
after submission and approval by the Finance Director of CITY of
the expenditure report for that period.
5. CITY shall have the right to audit said account at any
time or from time to time.
6. CITY reserves the right to award separate bids for more
specific advertising or promotional projects approved by the City
Council during the term of this Agreement.
-3-
•
1
2
3
71
01
Moll
11
12
13
14
15
18
17
18
19
20
21
22
23
24
25
28
27'.
28
29
30
31
32
7. In the event, in the opinion of the majority of the entire
City Council, CHAMBER is not functioning effectively, then CITY
may give CHAMBER notice of this fact, specifying in detail the
alleged default or defaults, and CHAMBER must forthwith correct
said default or defaults, or the provisions in this Agreement for
financial sponsorship of CHAMBER may be terminated by action of the
majority of the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in duplicate on the dates indicated below.
CITY OF MORRO
DATED: ( l'�r2�/ �J, �� Z%
ATTEST:
M. J.(LITTLE;"City Clerk
DATED:
ATTEST:
. ................
SECRETARY
By
MORRO BAY CHAMBER OF COMMERCE
By .-
-4-
RESOLUTION NO. 94-72
RESOLUTION ACCEPTING EASEMENTS AND
DIRECTING RECORDATION
IMPROVEMENT DISTRICT NO. 6
T H E C I T Y C 0 U N C I L
City of Morro Bay, Calfornia
The following resolution is hereby proposed:
RESOLVED that those certain easements by and between
certain grantors listed below and the City of Morro Bay,
California, as grantee granting to the City the right to
construct, maintain, operate and use a sanitary sewer,
drainage facilities and appurtenent structures in, under
and across portions of those certain lots in certain blocks,
also listed below,of Morro Del Mar Subdivision No. 2,
according to the map thereof recorded in the Office of
the County Recorder of San Luis Obispo County in Book 3
at page 81 of Maps in October 1926:
Grantor
Lots
Block
JUNE C. HOFSTEAD and
JOYCE MAC INTYRE
1,2,3
26
ROBERT FRANCIS BARD and
DOROTHY ROGEN BARD
4,5
26
DOROTHY M. FRICKER
6
26
H.W. LUNDELL, Administrator of
the Estate of BETTY VIRGINIA
LUNDELL, deceased
7
26
THOMAS A. FOLEY and
REGINA FOLEY
8
26
INEZ DRAKE YOUNG
22
26
THELMA R. TEMPLETON
17
26
RICK G. LEWIS and JANET E. LEWIS
and DENNIS N. COLLIER and JAYNE
T. COLLIER
1
25
RICK G. LEWIS and JANET E. LEWIS
and DENNIS N. COLLIER and JAYNE
T. COLLIER
2
25
GEORGE TERLIP and MARGUERITE
TERLIP
3
25
Resolution No. 94-72
Page Three
Grantor Lots Block
SALVATORE A. CANALE and
CAROLINA M. CANALE
5
28
`
SAN LUIS OBISPO SAVINGS AND
LOAN ASSOCIATION
5
28
ALFRED E. ZIROLI and
PATTI A. ZSROLI
6
28
EDGAR SCHMIERER
7
28
EDWARD B. BATES and
FREDA J. BATES
8
28
WILFRED G. PAULSEN and
GENEVIEVE PAULSEN
9
28
RUTH M. WEDEL
10
28
FRANK J. MARZICH and
SHIRLEY P. MARZICH
11,12, 13
28
PAUL J. MC MAHON and
RUTH 0. MC MAHON
14,15,16
28
JOHN N. RAY and VIRGINIA
C. RAY
24
28
VEIKKO P. LAPPALAINEN and
LIISI A. LAPPALAINEN
23
28
PAT ROGERS STEWART and
JEAN ROGERS STEWART
23
28
BRADLEY V. MC INTOSH and
ELINOR R. MC INTOSH
9
26
GEORGIA M. SUTTON
23
26
C, WAYNE CROSS and
MARGARET H. CROSS
8
25
DONALD A. KEENEY and
JULIA M. KEENEY
11
25
EVERETT H. TRUELOVE and
OLA M. TRUELOVE
10,11,14,15
26
Resolution No. 94-72
Page Two
Grantor Lots B1'ock
GEORGE TERLIP and MARGUERITE
TERLIP 4 25
VERNEY BEESON and GERALDINE
R. BEESON
516
25
MARVIN C. OLSEN and NORMA
WILLS OLSEN
7
25
HAROLD A LONGFIELD and
MAE R. LONGFIELD
17
25
MARILYN J. TAYLOR and
FLORENCE E. FIELDS
1,2
27
EVERETT M. FORSTER and MABEL
A. FORSTER
1,2
27
ROBERT K. MC FADDEN and JOAN
K. MC FADDEN
3
27
RICHARD A. LARSON and MYRTLE
U. LARSON
4,5
27
HAROLD B. JACKSON
4,5
27
RICHARD A. LARSON and MYRTLE
U. LARSON
6
27
RICHARD A. LARSON and MYRTLE
U. LARSON
7,8
27
SAN GABRIEL INVESTMENT COMPANY
7,8
27
SAN GABRIEL INVESTMENT COMPANY
6
27
SAN GABRIEL INVESTMENT COMPANY
7,8
27
MAXINE O. WHITE
27
27
EDGAR„W_.,.RUTHERFORD and
,1.
,-
LENA B. RUTHERFORD, beneficiaries
of a Deed of Trust
27
27
MAURICE L. VERCRUSE and
LORRAINE J. VERCRUSE
9,10
27
GEORGE POLYNIS and
MARIAN POLOYNIS
11,12
27
LEONARD A. LOUGH and
RACHEL A. LOUGH
13
27
CLIFFORD H. HAYSLETT and
LILLIAN E. HAYSLETT
13
27
IRENE S. DAVIS
3,4
28
Resolution No. 94-72
Page Four
are hereby accepted by the City Council of the 'City of
Morro Bay; and
BE IT FURTHER RESOLVED that the City Clerk be and
is hereby directed to record said easements, 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 Jennings, 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 Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: October 9, 1972
DALE C . MI,T H� LL, Mayor
ATTEST:
M. J LITTLE, City Clerk
•
RESOLUTION NO. 93-72
RESOLUTION APPROVING AMENDMENT OF LEASE WITH
VIRGIL AND FRIEDA MOORES FOR
LEASE SITES NO. 124-127 AND 124W-127W
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 Virgil Moores to lease
a twenty foot westerly extension of Lease Sites No. 124W and
125W for a total of eleven hundred square feet of additional
water lease area; and
WHEREAS, circumstances require amendments of the basic
lease in the name of Virgil and Frieda Moores to reflect Virgil
Moores as the lessor; and
WHEREAS, the City of Morro Bay is successor to the County
of San Luis Obispo as lessee; and
WHEREAS, it is in the public interest that the approval of
an amendment to the basic lease between Virgil and Frieda Moores
and the City of Morro Bay as successor to the County of San Luis
Obispo be approved;
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
to the Amendment to Lease for Lease Sites No. 124-127 and 124W-
127W extending Lease Sites No. 124W and 125W twenty feet westerly;
and
BE IT FURTHER RESOLVED that consent is hereby given to the
Amendment to Lease for Lease Sites No. 124-127 and 124W-127W to
substitute the name of Virgil Moores as lessor whenever the names
Virgil and Frieda Moores appear in the lease; and
BE IT FURTHER RESOLVED that consent is hereby given to the
Amendment to Lease for Lease Sites No. 124-127 and 124W-127W to
substitute the City of Morro Bay in the place and stead of County
of San Luis Obispo as Lessor; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf of
the City of Morro Bay.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on -the following roll
call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: October 9, 1972
. .�
DALE C. MITC L*, Mayor
ATTEST: 2m.
J. T L / i y erc
AMENDMENT TO LEASE
It is hereby agreed by and between the City of Morro Bay; a
municipal corporation, as successor to the County of San Luis
Obispo, Lessor, and Virgil Moores, Lessee, that that certain
lease entered into on the 9th day of April, 1962 between said
County as Lessor and Virgil and Frieda Moores, Lessees, concerning
Lease Sites No. 124-127 and 124W-127W, is hereby amended in the
following particulars only:
1. Frieda Moores being now deceased, the name of the
survivor, Virgil Moores, shall be substituted as Lessor wherever
the names Virgil and Frieda Moores appear in the lease.
2. City of Morro Bay, a municipal corporation, is hereby
substituted in the place and stead of County of San Luis Obispo,
a political subdivision, as Lessor, and wherever the term "County"
appear in said lease, the word "City" is substituted therefor.
3. The description of the lease site shown in section
1 of the basic lease shall be amended by adding the following:
"and in addition a twenty (20) foot south-
westerly extension of Lease Sites No. 124W
and 125W as shown on City of Morro Bay
Drawing No. 10-20 dated 9-28-72 "
which refers to San Luis Obispo County Map H-L-2 dated July 17,
1971, entitled Morro Bay Lease Sites, New Lease Sites, and which
is attached hereto as Exhibit A.
4. Each and all of the other terms, provisions, and condi-
tions of said lease, except as expressly modified above, remain
in full force and effect.
This amendment to lease of real property is authorized by
Resolution No. of the City of Morro Bay City Council dated
DATED: CITY OF MORRO BAY
ATTEST:
M. �J. LITTLE, City Clerk
Bv
D C. MITCHE L, Mayor
LESSEE
Reference:
S L 0 COUNTY
MAP H L 2
J rR R J
B �\ � f
CITY OF MORRO BAY
LEASE TO
VIRGIL MOORES
Date: 28 Sept
Drawn by:
Checked By: ,y
Drawing No.
10.20
I]
RESOLUTION NO. 92-72
RESOLUTION OF INTENTION TO ABANDON PORTION
OF MAIN 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 Main Street between Quintana
Road and Surf Street as shown on the map on file in the
office of the City Clerk; and
BE IT FURTHER RESOLVED that the Morro Bay City
Council will hold a public hearing on October 30,
1972, at 7:30 p.m. in the Morro Bay Recreation Hall to
consider the matter of vacation of the portion of said
street, and at the time of said public hearing any per-
son interested in or objecting to said abandonment may
appear and express his views for or against the proposed
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 and to post notices of street vacation along
the line of said street at intervals of three hundred
feet (300') or less, at least ten (10) days before the
date set for hearing.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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 Donohoo, Jennings, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: Councilman Keiser
ADOPTED: September 25, 1972
DALE C. MITC 'L , Mayor
ATTEST:
M. LE, City Clerk
9\�
O
G� QU�,Vi
SV F
ALLEY
G SURF ST.
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RESOLUTION_NO. 91-72
RESOLUTION APPROVING FINAL MAP FOR
TRACT NO. 425
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, David P. Vienna and Frances T. Vienna have
submitted to the City Council for approval the final map
of Tract No. 425; and
WHEREAS, said final map does conform with all the
requirements of the City of Morro Bay Subdivision Ordin-
ance No. 49:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that the final map for Tract
No. 425 is hereby approved, and
BE IT FURTHER RESOLVED, that the City Clerk be and
is hereby directed to so certify on the final map of
Tract No. 425.
On motion by Councilman .Jennings 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, Jennings, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: Councilman Keiser
ADOPTED: September 25, 1972
aA
DALE C. MIT L, Mayor
ATTEST:
'Ta
M. JIAICity Clerk
0
RESOLUTION NO. 90-72
RESOLUTION APPROVING AGREEMENT BETWEEN
DAVID P. VIENNA AND FRANCIS T. VIENNA,
AND THE CITY OF MORRO BAY
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, David P. Vienna and Francis T. Vienna,
husband and wife, herein referred to as owners, desire
to enter into an agreement with the City of Morro Bay,
a Municipal Corporation herein referred to as City,
whereby owners agree to complete certain improvements ..
and to comply with certain conditions requested by City
in Tract No. 425; and
WHEREAS, said agreement, a copy of which is attached
to and made a part of this Resolution as though fully set
forth herein, requires owners to post bond sufficient to
assure the completion of all City requirements and con-
ditions; and
WHEREAS, it is in the public interest that City enter
into this agreement with owners:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby approve the attached
agreement between owners and City; and
BE IT FURTHER RESOLVED that the Mayor be and is hereby
directed to sign this agreement for and on behalf of City.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: Councilman Keiser
ADOPTED: September 25, 1972
/"'y'. ;!)22,��
DALE C. MITCHELL, Mayor
ATTEST:
J
M. J. TLE, City Clerk
A D D E N D U M_
Paragraph one of the Agreement relating to the pro-
posed Tract No. 425 refers to construction in compliance
with all plans and specifications heretofore approved.
It is also agreed that this reference included compliance
with all city construction standards and ordinances and
all terms and conditions imposed by the Subdivision Review
Board, by the Planning Commission and by the City Council,
including Planning Commission action and conditions
imposed on December 6, 1971 and conditions imposed by
the Subdivision Review Board on September 21, 1971.
A copy of the requirements imposed on December 6 and
September 21, 1971, are attached hereto as Exhibit A and
by this reference made a part hereof.
David P. Vienna, Jr. represents that he has power of
attorney to and is authorized to sign this agreement on
behalf of his parents, David P. Vienna, Sr. and Frances T.
Vienna.
This addendum is signed this 25,th day of September.,
1972, at Morro Bay, California.
CITY OF MORRO BAY
By
DALE C. MITCHELL, Mayor
DAVID P. VIENNA, SR. &
FRANCES T. VIENNA
By f'
�n..'-+/•oil L^ �j r%/,j�%
c-
MINUTES - Subdivision Review Board
September 28, 1971
Morro Bay City Hall
Page Four
Mr. Rogoway questioned Mr. David Vienna on his proposed
tentative subdivision. Mr. Vienna stated he was more interested in
finding out what he would have to do to comply with the subdivision
act and as far as his future plans were concerned, they are uncertain
as to whether he would develop them himself or put them on the market
for sale. He would like to make that decision later on. He would
hope that this subdivision would be approved and he would hire a
licensed surveyor to survey each lot to get a title for each of them.
The recommendations for approval of this tentative
subdivision of Lots 1 to 3, Block 4H, Atascadero Beach, Nevis and
Nassau Streets are as follows:
--DRAINAGE:
Drainage can be City handled over the surface of the
proposed subject property. Drainage generally runs from east to west
to a drop inlet constructed at the intersection of Nassau and Main
Streets. No additional drainage facility would be required with
the proposal.
The subdivider's engineer must furnish hydrologic and
hydrologist computation specifications for hydraulic drainage
structures within the tract.
WATER:
Existing water lines are shown on the tentative map.
It is recommended that an 8" water line be installed from Tide to
Panorama Drive along the south right of way of Nevis. The two inch
iine that terminates on Nassau shall be extended to Panorama Drive
and then northerly to intersect with the 8" line on Nevis.
Fire Hydrants shall be installed at Tide and Nassau
and the intersection of. Nevis and Panorama Drive. All newly installed
water facility shall be in the location and to the standard as compiled
by the Director of Public Works.
SEWAGE:
Lot 13 is the only unserved proposed lot within the
subdivision. It is recommended that Lot 13 be served by a private
line extended thru an easement on Lot 14, said easement to be located
on the property line running between lots 14 & 15. Lot 14 shall connect
with the existing sewer lines on Nassau with a separate connection
from that serving Lot 13. Laterals shall be installed to serve lots
within the subdivision prior to the finaling inspection of the subdivisi
PUBLIC UTILITIES:
No recommendations.
STREETS:
Present City standards require street improvements
having an adequate base with an asphalt concrete mix over one-half of
the street width together with concrete curb, gutter and sidewalks oil
the subdivision property side .for the entire frontage of the subdivision.
Tide street would be fully improved between lots 2 and 3.
MINUTES - Subdivision Review Board
September 28, 1971
Morro Bay City Hall
Page Five
As an alternative to the standard street improvement
requirements, it has been suggested consideration be given to the
establishing a requirement to be equivilent to other improved streets
within the area, that is 24' wide, double chip seal, on the side of
the property containing the subdivision, 7' from the property line,
and 36' improved way on Tide Avenue between lots 2 and 3. The
improvement would extend from Panorama Drive to Main Street and on
Panorama Drive. It is also suggested that curb and gutter be installed
on the subdivision side of the right of way where said improvements
are proposed. An alternative of the curb, gutter, sidewalks, would
be installation of asphalt berm on both sides of the improved way on
all streets surrounding the subdivision.
There are no objections to the abandonment of Nevis Way.
Redesign of the intersection of Nevis and Nassau shall
be submitted by the subdivider to the Public Works Director showing
correction of traffic conditions created by the acute angle. A right
angle intersection should be a consideration of the design. The City
Engineer shall approve said design before final maps are filed.
DESIGN:
--It would be recommended that set back line shown on
the final map be 10' in obeyance with the Morro Bay Zoning Ordinance
It is suggested that lots #1 and #2 be combined into one
lot.
It should be pointed out that the lot size within the
tract average 3100 square feet, with the smallest lot having a size
of 2795 square feet and the largest lot 3766 square feet. The question
of lot sizes is a determination to be met by the Planning Commission
when the subdivision ordinance of the City of Morro Bay requires 6,000
square feet minimum in a new subdivision.
The subdivider has made a request to deviate from the
standard by creating the proposed lots within the subdivision.
It should also be pointed out that the tract number
must be placed on the map and final map should be filed with the
number, proper title, block and certificates. Tract number has been
secured and the number is 425.
The foregoing recommendations would be recommended under
the proposed preliminary map. However, it has been suggested by the
subdivider that possible dedication of lots #1 and #2 to the City of
Morro Bay for beautification will be considered and this in turn might
alter the improvement requirements applying to the streets surrounding
Block #1.
It is therefore recommended that. the Planning Commission
consider the foregoing recommendations in their consideration of
Tract #425 asking conditions of approval to said tract map.
The meeting was adjourned at 4:10 P.M.
RECORDED BY:
Nellie C. Cecil, Secretary
Planning & Building Department
u
MINUTES - Staff Review Meeting
September 26, 1972
Morro Bay City Hall
A special meeting of
consider the Apartment House Site at
Vista Street, Morro Bay, California.
STAFF MEMBERS PRESENT:
William J. Thomas,
Doug Stuart,
Sam Taylor,
Norm Rieger,
the Staff met at 10:00 A.M. to
the corner of Shasta Avenue and
Superintendent, Planning
Director of Public Works
City Engineer
Fire Chief
Also present was Stanlee Greening, the applicant.
The following recommendations were made:
STREETS, CURBS AND GUTTERS:
& Building
It is recommended to have curbs, gutters and sidewalks
on both Shasta Avenue and Vista Street. The sidewalk to be 6' adjacent
to the curb. Curbline will be 12' from the property line on Vista Street
side, and 15' from the property line on Shasta Avenue.side. When the
curb and gutters are constructed, they will have to include a spandral.
Tree planters to be outside of the sidewalks within the
landscaped area. The driveway approach on Vista shall be two driveways,
separated by the standard 16' of curb in between; two 30' driveways on
Vista and one 30' driveway on Shasta. ..
Completion of the road, (Vista Street) will reauire the
applicant to proceed on the basis of the co-operation of his adjoining
property.owners to upgrade the street in a similar fashion to that of
the streets on the north end of Morro Bay, with red rock and chip seal.
WATER:
It is recommended that the applicant come back in with an
analysis of the water service that will be required for this facility
before the determination can be made on the lot of the existing two inch
line on Shasta.
SEWER:
The applicant will have to provide an.engineer's analysis
as to whether both of the four inch laterals serving the property will
be used, or whether he wants to go to the six inch lateral.
FIRE:
There are two fire hydrants within the area, one at the
corner of Shasta and Olive and one at the corner of Shasta and Anchor.
No further recommendations.
The meeting adjourned at 11:05 A.M.
RECORDED BY:
NELL IE C. CECIL, Secretary
EXHIBIT A
MINUTES - Morro Bay Planning Commission
December 6, 1971
Page Five
MOTION: Chairman Brown moved the applicant, Jones
Ambulance Service, consult an acoustical
sound technician engineering firm and de-
velop the necessary sound proofing for this
location and have these solutions submitted
to the City Planning and Building Department
for approval. The motion was seconded by
Commissioner Woll and unanimously passed with
Commissioner McNichols being absent.
4. Report of reviewing committee on Bay Pines
Mobile and Travel Trailer Park.
Chairman Brown reported on the viewing of the Trailer
Park; stated he feels they have complied with the conditions, although
he doesn't feel the spirit and intent of the requirements of landscap-
ing were met; in the future the Commission should establish sizes of
landscaping to be imposed on mobile and travel trailer parks.
The Planning Director explained that this is a continued
hearing; the Planning Commission should take action; in some areas
there was some question of ability of the plants to survive; there must
be continued maintenance of landscaping. Commissioner Woll stated in
the discussions with the applicants, they were told they would be checked
on again.
MOTION: Chairman Brown moved that the Bay Pines Mobile
and Travel Trailer Park has met the conditions
set forth on landscaping, and that the Planning
Commission should make another review in July,
1972; and that there be continuing maintenance;
any plants that require replacing should be re-
placed to proper maturity with the time involved.
The motion was seconded by Commissioner Woll and
unanimously passed with Commissioner McNichols
being absent.
5. Review of Subdivision. of Block 4H, Atascadero
Beach Tract, between Nevis and Nassau Streets,
Morro Bay, California. (Continued)
The Planning Director explained that he contacted the
City Attorney again; in his opinion he still finds that it is not
acceptable to issue Variances for undersized lots; that the only way
lot sizes can be reduced is to have it associated with open space.
Chairman Brown quoted Section 5204.1(e) of the Subdivision Ordinance
whereby the Commission may grant deviations when certain conditions
prevail. Much discussion between the Commission and the Planning Direc-
tor followed. The Commission concurred that they can consider the pro-
posed subdivision and asked that the hearing proceed. Mr. Vienna, the
subdivider stated he is willing to comply with reasonable requirements;
he proposes to immediately do a hydrologic design; get bids for the
extension of water and sewer .lines into each property; believes it will
take approximately 6 months to accomplish all these requirements; would
start development of four to six houses at that time; believes he could
complete the subdivision in about one year. The Director asked about
the P. D. submittal rather than bonding; the malts caculd show the outline
of houses on the lots; asked if this would be a satisfactory arrangement.
The Director stated his .report is .in the form of the Subdivision Review
Board report.
MINUTES - Morro Bay Planning Commission
December 6, 1971
Page Sir.
MOTION: Commissioner McGonagill moved that Item 5 under
Old Business, the subdivision of Block 4H, Tract
Atascadero Beach between Nevis and Nassau Streets,
be. approved with the following conditions:
1. That the Commission adopt the recommendations of
the Subdivision Review Board dated September 28,
1971, Item 3, in its entirety;
2. In addition to the subdivision filing, the Com-
mission imposes architectural approvals accord-
ing to the P. D. submittal sequence of the
Zoning Ordinance, Sections 5104.3, 5104.4, 5104.5;
3. That phasing of the permits for improvements on
the property be subject to those conditions so that
the architectural improvements would be extended
over two years in a phasing to suit the applicant.
The motion was seconded by Commissioner Greenelsh and
unanimously passed with Commissioner McNichols being
absent.
6:.. Report of property ownerships on parcels affected
by the closures of Portions of 68th and 69th Streets,
Morro Bay, California.
Staff furnished copies of the property ownerships affected
by -the -closures of the two streets as requested. The map indicates cer-
tain ownerships that would not be served if the upper part of 69th is
abandoned. If some of the properties were sold, there would be no access.
MOTION: Commissioner Greenelsh moved to recommend the City
not abandon any of the streets because the property
owners in Block 28B, Lots 25, 26 & 27, would be de-
prived of their rights to sell lots on either side
of the block. The motion was seconded by Chairman
Brown. Commissioner McGonagill added "and the pro-
perty owners of Lots 4 and 8, Block 28D. The ad-
dition was accepted and the motion was'unanimously
passed with Commissioner McNichols being absent.
T.. Review of plans for Morro Bay Aquarium in a P.D. Zone.
The Planning Directcr displayed the plans for -the pro-
posed addition to the building and explained that when the County
originally approved the use, the second story was proposed to be added
at.a later date. 'The plot plan shows the gift shop on the lower- floor;
a small planter box on the front of the building; a stair case or. the
South side of the building leading to the office spaces and storage room
on the upper floor. Mr. Tyler stated the cffice spaces would be rented;
the gift shop would be run by the Tylers. In answering concern about
the second story being made into an apartment, the Director replied
that a residence would be in violation of the lease. He pointed out
that the uses have been approved by the City Council in recent action,
and recommended approval of the plans.
Commissioner McGonacill stated some of the Commissioners
have discussed the appearance of the Bay side of the property; he asked
if anything in the remodeling will alleviate the storage or help tha
appearance of the Bay side of the lease. Mr. Tyler stated he intends
to clean up the area; materials will be removed, etc.; the freezers can
be painted if. the Commission desires.
RESOLUTION NO. 89-72
RESOLUTION AUTHORIZING EXAMINATION OF
STATE BOARD OF EQUALIZATION
SALES AND USE TAX RECORDS
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the State Board of Equalization performs functions
incident to the administration and collections of local sales
and use taxes; and
WHEREAS, the City Council of the City of Morro Bay deems it
desireable and necessary from time to time for a representative
of the City to audit for and in its behalf the sales and use tax
transactions and collections that are made for the City by the
State Board of Equalization; and
WHEREAS, Section 7056 of the Revenue and Taxation Code of
the State of California states in part that the Board shall permit
any duly authorized officer, or employee of such City, to examine
all of the sales and use tax records of the City:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. That the City Administrator, or any designated
assistant or employee of such officer, is hereby appointed to
represent the City of Morro Bay, with full authority to investi-
gate and review sales and use tax transactions and collections
for the City, records of which are located in the offices of the
State Board of Equalization, Sacramento, California..
Section 2. That as provided in Section 7056 of the Revenue
and Taxation Code, the information so gained by the City Adminis-
trator or any designated assistant or employee of such officer
shall be used only for purposes related to the collection of local
sales and use taxes by the Board pursuant to the contract.
On motion by Councilman Donohoo and seconded by Councilman
Jennings, the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo, Jennings and Mayor Mitchell
NOES: Councilmen Keiser and McConaghay
ABSENT: None
ADOPTED: September 11, 1972
DALE C. MITCHELL, Mayor
A G R E E M E N T
THIS AGREEMENT is made and entered into as of the 15th day
of September, 1972, by and between David P. Vienna, Frances T. Vienna,
husband and wife, herein referred to as 'OWNER', and the CITY OF MORRO
BAY, a municipal corporation and one of the Cities of the State of
California, hereinafter referred to as 'CITY'.
This Agreement is made with reference to the following facts:
1. OWNER has presented a final map of Tract No. 425 prepara-
tory to the approval of the City Council of CITY, but not all of the
improvements required or conditions imposed by the City Council of CITY
have been completed or performed.
2.. OWNER desires to file said final map, after the same has
been approved by the City Council of CITY.
IT IS, THEREFORE, AGREED:
In consideration of the approval by the City Council of CITY,
and the filing of said final map, the parties do hereby promise and
agree one with the other as follows:
1. OWNER agrees to make and complete all of the improvements
in Tract No. 425, as shown on the plans thereof and as further set out
in the specifications for said work heretofore approved, all of which
plans and specifications are hereby incorporated by reference.
2. OWNER promises and agrees to conplete all improvement
work hereinabove referred to, to the satisfaction of the Director of
Public Works of CITY on or before the first day of September 1973.
3. If said improvement work is not completed on or before
said first day of September 1973, OWNER agrees that CITY may complete
the same.
4. If CITY shall complete said work or improvement, then and
in that event, OWNER agrees that it'will reimburse CITY• for its full
cost and expense in completing said work or improvement.
5. It is understood and agreed between the parties hereto
that the Director of Public Works of CITY or his representative shall
inspect and pass upon all of said work or improvement, and OWNER
promises and agrees to reimburse CITY for all its necessary expense
for making such inspections.
6. OWNER shall, contemporaneously with the approval and
filing of said final map, file with the City Council of CITY, a surety
bond in the amount of Thirty Thousand Dollars C$30,000,00) which sum
being deemed sufficient by the Director of Public Works, and which
deposit of bond aforesaid shall guarantee payment to CITY for all costs
of work or improvements, engineering, inspection and -related expenses
done or incurred by CITY
7. This Agreement shall bind the heirs, executors, adminis-
trators, successors and assigns of the respective parties of this
Agreement.
8. CITY shall have the right to record this Agreement and
shall have the right to record a Lien for amounts that become due under
this Agreement.
9. In the event a dispute arises under this Agreement, the
prevailing party shall be entitled to reasonable attorney4s fees,
IN WITNESS WHEREOF, OWNER and CITY have signed this Agreement
as of the day and year first hereinabove written.
CITY OF MORRO BAY, A
Municipal Corporation
By__Z( ii
DACE 24Ii'CHE L, Mayor
-2,
David P, Vienna
Frances T. Vien
. �3 6
AUSand and
RESOLUTION NO. RR-72
RESOLUTION RESCINDING AND SUBSTITUTING
CERTAIN PROVISIONS OF SECTION 7 OF
RESOLUTION NO. 65-67
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 that that portion of Section 7 of
Resolution No. 65-67 reading "Thirty Dollars" ($30.00)
is hereby rescinded; and
BE IT FURTHER RESOLVED that that portion of Section
7 hereby rescinded shall henceforth. read "Thirty -Five
Dollars"($35.00).
On motion by Councilman Donohoo and seconded
by Councilman Jennings , the Morro Bay City Council
hereby adopts the foregoing proposed resolution in its
entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser., McConaahay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 11, 1972
DALE L CHE E C. MST LL, Mayo
RESOLUTION NO. 87-72
RESOLUTION ACCEPTING DEED FROM
JEROME CHARLES DOWLING
AND AUTHORIZING RECORDATION
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolutionis hereby proposed:
RESOLVED that the City of Morro Bay does hereby accept
a Grant Deed from Jerome Charles Dowling for all that real
property described as Lot 4, Block 39 of Tract No. 2, Town
of Morro Bay, in the County of San Luis Obispo, State of
California, according to the map thereof recorded April 18,
1931 in Book 5, Page 20 of Maps, in the office of the
County Recorder of said County; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to record said Deed together
with a copy of this resolution in the Office of the Recorder
of the County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaahay
and Ma_vor. Mitchell
NOES: None
ABSENT: None
ADOPTED: September. 11, 1972
C�.
DALE C. MITCHELL, Mayor
rmmavm.
dz
RESOLUTION NO. 86-72
RESOLUTION AUTHORIZING THE EXECUTION
OF A QUITCLAIM DEED FOR NEVIS WAY
BETWEEN NASSAU AND NEVIS STREETS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did on August 28,
1972, by Resolution No. 81-72 vacate Nevis Way between
Nassau Street and Nevis Street; and
WHEREAS, it is in the public interest that this
street be dedicated to the owners of the adjacent pro-
perty, David P. Vienna and Frances T. Vienna:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby authorize the execu-
tion of a quitclaim deed from the City of Morro Bay, a
municipal corporation, to David P. Vienna and Frances T.
Vienna, husband and wife, for all of Nevis Way between
Nassau and Nevis Streets; and.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and are hereby authorized to.sign this quitclaim deed
for and on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety on the
following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 11, 1972
DALE C. MITCHE L, .Mayor
ATTEST:
M. E, City Clerk
C]
•
RESOLUTION NO. 85-72
RESOLUTION APPROVING AMENDMENT TO LEASE
WITH RAE M. CRILL AND THE ESTATE OF GILBERT M. CRILL
FOR LEASE SITES NO. 134, 135, 136 AND 137
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Rae M. Crill to extend
the lease on Lease Sites No. 134, 135, 136 and 137 for a twenty
year period commencing October 1, 1972 and expiring September
30, 1992; and
WHEREAS, it is in the public interest that the approval of
an amendment to the basic lease between Rae M. Crill and the
Estate of Gilbert M. Crill and the City of Morro Bay, as successor
to the County of San Luis Obispo, granting this extension be
approved:
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the Amendment to
Lease for Lease Sites No. 134, 135, 136 and 137 extending this
lease for an additional twenty year period commencing October 1,
1972, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf of
the City of Morro Bay.
On motion by Councilman McConaghay and seconded by Council-
man Jennings , the Morro Bay City Council hereby adopts the.
foregoing proposed resolution in its entirety on the following
roll call vote: .
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 11, 1972
DALE C. MI BELL, Mayor
AMENDMENT TO LEASE
It is hereby agreed by and between the City of Morro Bay, a
municipal corporation, as successor to the County of San Luis
Obispo, LESSOR, and Rae M. Crill and the Estate of Gilbert C.
Crill, LESSEES, that that certain lease entered into on the
llth day of June, 1962 between said County as LESSOR and said
LESSEES, concerning Lease Sites No. 134, 135, 136 and 137, Morro
Bay Waterfront, all as more particularly described in said lease,
is hereby amended in the following particulars only:
(1) City of Morro Bay, a municipal corporation, is hereby
substituted in the place and stead of County of San
Luis Obispo, a political subdivision, as LESSOR; and
wherever the term "County" appears in said lease, the
word "City" is substituted therefor.
(2) The term of this lease is extended for a twenty (20)
year period, commencing October 1, 1972 and expiring
without notice at the close of business on September
30, 1992.
(3) It is mutually agreed by and between City and LESSEES
that the appraised value of said leasehold improve-
ments for the period commencing October 1, 1972 is
$21,400.
(4) Each and all of the other terms, provisions, and
conditions of said lease, except as expressly
modified above, remain in full force and effect.
This Amendment to Lease of real property is authorized by
Resolution No. j•i.i of the Morro Bay City Council dated 7»
DATED:
ATTEST:
111-6�1
M. X. LITTLE", City Clerk
CITY OF MORRO BAY
DALE C. MITCHELL, Mayor
LESSEES
�
r`
RESOLUTION NO. 84-72
RESOLUTION COMMENDING MEMBERS OF
THE DOMENGHINI TRUST
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 experiencing
a serious water supply emergency which has threatened the
ability of the City to furnish an adeauate supply of this
precious commodity to its citizens; and
WHEREAS, the members of
made available to the City a
their wells together with the
and auxiliary pumps; and
the Domenghini Trust have
supply of water from one of
necessary transmission lines
WHEREAS, members of the Domenghini Trust have offered
this service to the City voluntarily and without cost for
the use of their equipment; and
WHEREAS, this service has been of inestimable value
to the citizens of the City of Morro Bay:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby commend the members
of Domenghini Trust for their unselfish generosity in help-
ingtb alleviate a serious water emergency in the City of
Morro Bay; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby directed to send a copy of this resolution to each
member of the Domenghini Trust.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, .McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 11, 1972
DALE C. MITCHELL, Mayor
ATTEST:
M. , City Clerk
0
RESOLUTION NO. 83-72
RESOLUTION RESCINDING RESOLUTIONS NO. 76-72,
79-72 AND 80-72 REFERRING TO A
SPECIAL ELECTION
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 Resolution No. 76-72 adopted August
14, 1972, entitled "Resolution requesting the consolida-
tion of the City of Morro Bay special election with the
general election 'to be held on November 7, 1972" is hereby
rescinded; and
BE IT FURTHER RESOLVED that Resolution No. 79-72
adopted August 28, 1972, entitled "Resolution ordering
that a special election be held on November 7, 1972 to
determine if a road and bridge should be constructed
within the area defined by Ordinance No. 103" is hereby
rescinded; and
BE IT FURTHER RESOLVED that Resolution No. 80-72,
adopted August 28, 1972, entitled "Resolution authorizing
certain City Council members to file a written argument
for a City measure" is hereby rescinded; and
BE IT FURTHER RESOLVED that the City Council of the
City of Morro Bay does hereby request of the County of
San Luis Obispo Board of Supervisors and of the San Luis
Obispo County Clerk to take notice of the actions hereby
resolved and to rescind any actions undertaken to conduct
a consolidated election on November 7, 1972.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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 Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 7, 1972
ATTEST:
M. I-TTLE, City Clerk
Jennings, Keiser, McConaahay
22,
DALE C. MITCHELL, Mayor
, RESOLUTION NO. 82-72
RESOLUTION RESCINDING RESOLUTION NO. 72-72
WHICH ESTABLISHED WATER RATES AND A DEPOSIT CHARGE
AND ESTABLISHING NEW WATER RATES AND A
NEW DEPOSIT CHARGE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does resolve
as follows:
1. That Resolution No. 72-72 entitled "Resolution
establishing rates for water service and fixing
amount of deposit to establish credit" is hereby
rescinded.
2. Commencing on September 5, 1972, for those water
customers receiving water bills during November,
1972 and on October 5, 1972 for those water cus-
tomers receiving water bills during December,
1972, the rates to be charged and collected by
the water department every two months for all
regular service shall be in accordance with the
following schedule:
a. Minimum charge for the Inside City Outside City
first 800 cu. ft. or less $4.00 $8.00
b. Quantity rates for all Inside City Outside City
water used in excess of .50 1.00
800 cu. ft. per 100 cu. ft.
3. Commencing September 5, 1972, a deposit of $16.00 will
be required to establish credit for service rendered
to premises not owned by the applicant.
On motion by Councilman Donohoo and seconded by Council-
man Jennings , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 30, 1972
ATTEST:
M. ' TT E, City Clerk
Jennings, Keiser, McConaghay and
, 0-41y a-a-'AL.e
BALE C. MI H L, Mayor
1
• •
RESOLUTION NO. 76-72
RESOLUTION REQUESTING THE CONSOLIDATION OF
THE CITY OF MORRO BAY SPECIAL ELECTION
WITH THE GENERAL ELECTION
TO BE HELD ON NOVEMBER 7, 1972
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the San Luis Obispo County Board of Supervisors
is conducting a General Election on November 7, 1972; and
WHEREAS, the County Clerk of the County of San Luis Obispo
is the official responsible for conducting said election; and
WHEREAS, the City of Morro Bay is planning to order that
a special election be held to consider a certain measure which
will appear on the ballots as follows:
Shall the City -of Morro Bay construct a
road and a bridge across Morro Creek to
connect the Southerly and Northerly por-
tions of Embarcad.ero Road?
and;
WHEREAS, it would be mutually advantageous to the County
of San Luis Obispo and to the City of Morro Bay to consolidate
the election for voters within the City of Morro Bay:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby request the County of San Luis
Obispo Board of Supervisors and the San Luis Obispo County Clerk
to consolidate the City of Morro Bay special election with the
General Election on November 7, 1972, for those voters residing
within. the City of Morro Bay; and
BE IT FURTHER RESOLVED that the City of Morro Bay does hereby
agree to pay its proportionate share of conducting such election.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , 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 Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972
DALE C. MITCHELL, Mayor
ATTEST:
/ZW-C,
M. J IZTI , City Clerk
rI
RESOLUTION NO. 81-72
RESOLUTION AND ORDER ABANDONING
NEVIS WAY BETWEEN NEVIS STREET AND
NASSAU 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 does
hereby order the vacation and abandonment of all that
real property situated in the City of Morro Bay, County
of San Luis Obispo, State of California, known as Nevis
Way, formerly N Street, and more particularly described
as follows:
That street known as Nevis Way, formerly
N Street, and being a portion of Block
4H as shown on the map of Atascadero
Beach filed for record on July 2, 1917
in the office of the County Recorder of
said county, in Book 2 page 15 of maps,
and lying between the northwesterly line
of Nassau Street, formerly 15th Street,
and the southeasterly line of Nevis
Street, formerly 14th Street, and shown
on Exhibit A attached hereto and made a
part hereof.
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby directed to file this resolution together with the
original of Exhibit A in the office of the County Recorder
of the County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety on the
following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 28, 1972
DALE C.-MITC!HELL, Mayor
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RESOLUTION NO. 80-72
RESOLUTION AUTHORIZING CERTAIN CITY COUNCIL
MEMBERS TO FILE A WRITTEN ARGUMENT
FOR A CITY MEASURE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a special general municipal election is to be
held in the City of Morro Bay on November 7, 1972, at which
there will be submitted to the qualified electors of said
City the following City measure:
Shall the City of Morro Bay construct a
road and a bridge across Morro Creek to
connect the Southerly and Northerly por-
tions of Embarcadero Road?
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That this City Council, being the legisla-
tive body of the City of Morro Bay, hereby authorizes
all members
of said body, to file a written argument for the City measure
set forth in the recitals hereof in accordance with Article
4, Chapter 3, Division 4 of the Elections Code of the State
of California and to change said argument until and including
the date fixed by the City Clerk after which no arguments
for or against said City measure may be submitted to him.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the City Council of the City of
Morro Bay hereby adopts in its entirety the foregoing pro-
posed resolution on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 28, 1972
ATTEST:
k1do"-f 4
a�oP
DALE C. MITCHELL, Mayor
RESOLUTION NO. 79-72
RESOLUTION ORDERING THAT A SPECIAL ELECTION
BE HELD ON NOVEMBER 7, 1972 TO DETERMINE
IF A ROAD AND BRIDGE SHOULD BE CONSTRUCTED
WITHIN THE AREA DEFINED BY ORDINANCE NO. 103
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the people of the City of Morro Bay did, by special
election on April 11, 1972, adopt Ordinance No. 103; and
WHEREAS, Ordinance No. 103 requires that the question of
any construction on certain properties located within the area
delineated by Ordinance No. 103 be submitted to the voters of
the City of Morro Bay; and
WHEREAS, the City Council of the City of Morro Bay desires
to construct a road and bridge on public property located within
the area delineated by Ordinance No. 103; and
WHEREAS; the Elections Code of the State of California pro-
vides that the City Council may submit questions to the voters
of the City of Morro Bay at a special election called for the
purpose; and
WHEREAS, the City Council of the City of Morro Bay did, by
Resolution No. 76-72 dated August 14, 1972, request the County of
San Luis Obispo Board of Supervisors and the San Luis Obispo
County Clerk to consolidate the City of Morro Bay special election
with the general election on November 7,.1972:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby order that a special election be
held on November 7, 1972, to allow the voters of the City of Morro
Bay to determine if a road and bridge should be constructed on
public property located within the area defined by Ordinance No.
103; and
( BE IT FURTHER RESOLVED that the City Clerk be and is hereby
directed to provide that this special election be held on the date
specified in accordance with the provisions of the Elections Code
of the State of California.
On motion by Councilman Donohoo and seconded by Councilman
Keiser , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES:
NOES:
ABSENT:
Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
None
ADOPTED:
None
August 28, 1972
DALE C. MI ELL, Mayor
RESOLUTION NO. 78-72
RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS
FOR THE FISCAL YEAR 1972-73
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 1972-73 has been approved and adopted by Ordinance
No. 105 on June 26, 1972; 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 $41,430,285:
NOW, THEREFORE, BE IT RESOLVED that the total tax rate on
taxable property within the City of Morro.Bay for the fiscal year
1972-73 be and is hereby fixed at $1.05 on each $100.00 of
assessed valuation as established for city tax purposes and
which is shown upon the assessment rolls 6f the County of San
Luis Obispo; and
BE IT FURTHER RESOLVED that all taxes collected at the rate
of $1.05 per $100.00 of assessed valuation be apportioned as
follows:
General Fund . . . . . . . . . . . . . . . . $ 1.00
Morro Bay Sanitary District
Sewer Bond Redemption . . . . . . . . . .05
Total Tax Rate . . . . . . . . . . . . . . . $ 1.05
On motion by Councilman Donohoo and seconded by Council-
man Jennings , the Morro Bay City Council hereby adopts the
foregoing proposed resolution on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972'
D, 22 1.71 �W,
DALE C. MITCHEL ,�May�or
RESOLUTION NO. 77-72
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
September 2, 1972; 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 September 2, 1972; 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
Keiser , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972
ATTEST:
M. I L , City Clerk
Jennings, Keiser, McConaghay and
,!DAP c. -r.,.71- �
DALE C. MITCHELL, Mayor
111
USE PERMIT AGREEMENT
3 The City of Morro Bay, a municipal corporation of the State of
4 California (hereinafter called CITY) hereby grants to the Morro Bay
5 Chamber of Commerce (hereinafter called PERMITTEE) the right and
g privilege to use that property of the City of Morro Bay located
7 within the city limits of the City of Morro Bay, County of San
g Luis Obispo, State of California, and described in Exhibit "A"
9 which is attached hereto and made a part of this Use Permit Agree-
10 ment (hereinafter called SAID PROPERTY), on the terms and conditions
11 hereinafter set forth.
12 1. The right and privilege granted to PERMITTEE pursuant to
13 this Use Permit Agreement shall become effective at the hour of
14 8:00 a.m. on Saturday, September 2, 1972, and shall expire when the
15 purpose hereinafter specified has ceased, but in no event later than
18 the hour of 6:00 p.m. on Saturday, September 2, 1972.
17 2. PERMITTEE shall use SAID PROPERTY for the purpose of
18 conducing activities in conjunction with the 1972 Rock-O-Rama,
19 sponsored by PERMITTEE, as follows:
20 a. Street parade on Morro Bay Boulevard, Market Street
21 and Harbor Street, September 2, 1972.
22 3. PERMITTEE shall at all times during the Rock-O-Rama
23 adequately supervise the participants in order to protect the lives
24 and property of motorists, pedestrians, spectators, and participants.
25 PERMITTEE shall cooperate at all time with CITY officers and
28 employees in the installation, erection, dismantling
, or removal of
27 signs, barricades, or other appropriate warning devices which are
28 necessary, in the opinion of CITY, to protect the lives and property
29 of motorists, pedestrians, spectators, and participants. PERMITTEE
30 shall, at all times promptly comply with all regulations, rules
31 and orders of duly constituted CITY officials with respect to any
32 part or phase of the parade, including, by way of illustration but
lllnot limitation, restrictions on smoking, composition of exhibits,
2 speed of the parade, and spacing between the participants' exhibits.l'
311 4. a. This Use Permit Agreement is granted to PERMITTEE upon
4 the express conditions that PERMITTEE shall keep and hold CITY free
5 from all liability, expense, and claim for damages by reason of any
8 injury or death to any person or persons, including PERMITTEE, or
7 property of any kind whatsoever and to whomsoever belonging,
8 including PERMITTEE, from any cause or causes arising in any manner
9 out of the issuance of this Use Permit Agreement or the use of
SAID PROPERTY during the term of this Use Permit Agreement or any
llllextension thereof or any occupancy or use hereunder; PERMITTEE
12I hereby covenanting and agreeing to indemnify and save the CITY
13 harmless from all liability, loss, cost, and obligations on account
1411of or arising out of any such injuries or losses howsoever
15l1 occurring.
16 4. b. PERMITTEE agrees to take out and keep in force during
17 the life hereof at PERMITTEE'S expense, liability insurance to pro-
18 tect against any liability to any person or persons, including
19IIPERMITTEE, resulting from any occurrence in or about or incident
20II to SAID PROPERTY and appurtenant areas in the amount of $100,000
2111 to indemnify against the claim of one (1) person, $300,000 against
22 the claim of two (2) or more persons, and $10,000 for property
23 damage. Said policies shall insure the liability of PERMITTEE and
24lthe liability, contingent or otherwise, of CITY and such other
25 persons, firms, or corporations as may be designated by CITY. If
28 PERMITTEE does not keep such insurance in full force and effect,
27 this Use Permit Agreement may be immediately terminated. PERMITTEE
28 shall provide CITY with copies or certificates of all of said
29 policies including endorsements which state that such insurance
30 shall not be cancelled except after ten (10) days' prior written
31 notice to CITY. Each such policy shall be approved as to form and
32 insurance company by CITY.
E
•
1
2
3
4
5
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181
19'
20
21
22
23
24
25
28
27
28
29
30
311 32
4. C. Any insurance policy insuring PERMITTEE against claims,
expense, or liability for injury or death to person or property in
or about SAID PROPERTY shall provide that the insurer shall not
acquire by subrogation any right of recovery which PERMITTEE has
expressly waived in writing prior to the occurrence of the loss.
PERMITTEE hereby waives any right of recovery against CITY for any
such claim, expense, or liability.
Dated:
ATTEST:
M. JL"LITTLE, City Clerk
CITY OF MORRO BAY
DALE C. MITCHELL, Mayor
MORRO BAY CHAMBER OF COMMERCE
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RESOLUTION NO. 75-72
RESOLUTION ESTABLISHING MATURITY SCHEDULE FOR BONDS
TO BE ISSUED IN IMPROVEMENT DISTRICT NO. 6,
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 City Council of the City of Morro Bay,
San Luis Obispo County, California, by its Resolution of Intention
No. 50-71, provided that bonds to be issued to represent unpaid
assessments would be issued in accordance with the provisions of
Division 10 (The Improvement Bond Act of 1915) of the Streets and
Highways Code of the State of California.
NOW, THEREFORE, BE.IT RESOLVED by the City Council of the
City of Morro Bay,•that the maturity schedule for the bonds to be
issued in said Improvement District No. 6, City of Morro Bay, San
Luis Obispo County, California, being Series No. 1972-1 shall be as
shown on "EXHIBIT A" annexed to this Resolution, which maturity
schedule is; by this reference incorporated herein and made a part
hereof.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972
IeVWYoftum
Jennings, Keiser, McConaghay and
DALE C. MIZ HELL, Mayor
•
MATURITY SCHEDULE
IMPROVEMENT DISTRICT NO. 6, CITY OF MORRO BAY,
SAN LUIS OBISPO COUNTY,
CALIFORNIA
BOND
NUMBERS
MATURITY DATE
INCLUSIVE
OF
BONDS
1
- 2
July
2,
1974
3
- 14
July
2,
1975
15
- 28
July
2,
1976
29
- 43
July
2,
1977
44
- 60
July
2,
1978
61
- 78
July
2,
1979
79
- 97
July
2,
1980
98
- 117
July
2,
1981
118
- 139
July
2,
1982
140
- 161
July
2,
1983
162
- 183
July
2,
1984
184
- 205
July
2,
1985
206
- 228
July
2,
1986
229
- 251
July
2,
1987
252
- 274
July
2,
1988
TOTAL
TOTAL AMOUNT INTEREST
MATURING RATE
$ 1,960.25
5.00%
12,000.00
5.00%
14,000.00
5.00%
15,000.00
5.00%
17,000.00
5.00%
18,000.00
5.00%
19,000.00
5.00%
20,000.00
5-1/4%
22,000.00
5-1/48
22,000.00
5-1/48
22,000.00
5-1/48
22,000.00
5-1/4%
23,000.00
5-1/4%
23,000.00
5-1/4%
23,000.00
5-1/4%
$273,960.25
NOTE: Bond No. 1 is in the amount of $960.25 and the balance
of the bonds are in $1,000.00 denominations.
EXHIBIT "A"
RESOLUTION NO. 74-72
RESOLUTION CONFIRMING PAID AND UNPAID LIST AND
REQUESTING THAT THE AUDITOR OF THE COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, SHALL MAKE EXTENSION
OF INSTALLMENTS THEREOF ON THE TAX ROLLS,
IMPROVEMENT DISTRICT NO. 6,
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, as follows:
WHEREAS, there is on file in the office of the City
Treasurer of the City of Morro Bay, San Luis Obispo County, Cali-
fornia, in accordance with the provisions of Sections 8620 and 10603
of the Streets and Highways Code, a complete Paid and Unpaid List of
all assessments in Improvement District No. 6, City of Morro Bay,
San Luis Obispo County, California, a copy of which Paid and Unpaid
List is annexed to this Resolution, marked "EXHIBIT A", and by this
reference incorporated herein and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED that the Paid and Unpaid
List attached hereto and marked "EXHIBIT A" is confirmed by this
City Council and ratified as the statement of paid and unpaid assess-
ments upon the security of which the bonds are to be issued in said
proceedings; and
BE IT FURTHER RESOLVED that the Auditor of the County of San
Luis Obispo is hereby requested and directed, in accordance with the
provisions of Section 8682 of the Streets and Highways Code of the
State of California, to enter in his assessment roll on which taxes
will next become due opposite each lot or parcel of land affected in a
space marked "public improvement assessment" or by other suitable
designation, the several installments of such assessment coming due the
fiscal year covered by such assessment roll, including in each case the
interest due on such total assessments, and also including a percentage
of one-fourth of one per cent of the amount of such installments and of
such interest so entered, and that such entry is made each year during
the life of the bonds to be issued in said proceedings; and
BE IT FURTHER RESOLVED, that in accordance with the pro-
visions of Section 8685 of the Streets and Highways Code of the State
of California, if any lot or parcel of land affected by any assessment
is not separately assessed on the tax roll so that the installment of
the assessment to be collected can be conveniently entered thereon,
then the Auditor shall enter on the roll a description of the lot or
parcel affected, with the name of the owners, if known, but otherwise
known as "unknown owners," and extend the proper installments opposite
the same; and
-1-
BE IT FURTHER RESOLVED that the Auditor and other County
Officials of the County of San Luis Obispo are requested to comply
with the provisions of Part 8, Division 10, of the Streets and High-
ways Code of the State of California with relation to special
assessments.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972
DALE C. MITCHELL, Mayor
ATTEST:
M. LITTLE, City Clerk
PAID AND UNPAID LIST
WHEREAS, assessment for the construction of improvements
and acquisitions in Improvement District No. 6, City of Morro Bay,
San Luis Obispo County, California, was confirmed by the City Council
of the City of Morro Bay on the 12th day of June, 1972, and was
recorded in the office of the Director of Public Works of the City
of Morro Bay on the 19th day of June, 1972, reference hereby being
made to the Resolution of Intention, the Second Amended Engineer's
Report and the proceedings on file in the office of the City Clerk of
the City of Morro Bay, San Luis Obispo County, California; and
WHEREAS, it is required that a statement of all payments
received upon the assessment be made and a statement of the unpaid
assessments be set forth;
NOW, THEREFORE, the undersigned City Treasurer of. the City
of Morro Bay hereby returns a written statement of all payments
received upon said assessment and all unpaid assessments remaining,
as follows, to wit:
LIST OF ASSESSMENTS PAID
ASSESSMENT AND AMOUNT
DIAGRAM NUMBER PAID..
2-1 (City owned) $ 1,084.15
2-8 1,590.90
2-9 1,590.90
2-14 3,181.80
2-30 3,181.80
2-53 998.17
2-56 350.00 *
3-12 122.08
3-19 857.86
3-23 4,764.23
3-25 852.54
3-28 852.54
*Denotes partial payment.
-1-
�
ASSESSMENT AND
AMOUNT
DIAGRAM NUMBER
PAID
3-30
$ 932.17
3-32
83.54
3-37
783.54
3-38
783.54
3-41
1,930.16
3-42
1,034.01
3-43
1,087.09
3-47
783.54
3-53
1,590.90
3-54
1,590.90
3-73
783.54
4-1
1,050.73
4-16
852.54
4-18
738.09
4-21
738.09
4-22
844.25
4-26
788.55
4-27
785.26
4-28
783.70
4-33
828.36
4-34
100.00
4-37' (City)
797.22
4-40
783.54
4-42
783.54
4-44
1,671.30
4-46
1,197.72
4-50
852.54
5-7
1,567.08
*Denotes partial payment.
-2-
I
I>
ASSESSMENT AND
DIAGRAM NUMBER
5-11
5-19
5-20
5-21
5-25
5-32
5-34
5-43
5-46
5-49
5-50
5-53
5-59
AMOUNT OF ASSESSMENTS PAID
LIST OF ASSESSMENTS UNPAID
ASSESSMENT AND
DIAGRAM NUMBER
2-2
2-3
2-4
2-5
2-6
2-7
2-10
2-11
2-12
2-13
2-15
2-16
2-17
2-18
2-19
2-20
*Denotes partial payment.
-3-
AMOUNT
PAID
$2,324.86
1,372.92
868.99
804.23
400.00
1,316.92
899.77
1,322.66
1,772.07
868.48
2,258.10
783.54
783.54
$61,748.49
AMOUNT
UNPAID
$ 1,567.08
852.54
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
3,181.80
3,181.80
1,590.90
4,687.44
3,181.80
1,590.90
•
I.
• +
'iy
i
ASSESSMENT AND
AMOUNT
DIAGRAM NUMBER
UNPAID
'
2-21
$ 1,590.90
2-22
1,590.90
2-23
1,590.90
2-24
3,920.78
2-25
4,031.93
2-26
1,670.19
2-27
1,590.90
2-28
3,181.80
2-29
1,590.90
2-31
1,590.90
2-32
1,871.72
2-33
1,590.90
2-34
1,590.90
2-35
1,590.90
2-36
3,181.80
2-37
1,591.21
2-38
1,591.53
2-39
1,505.81
2-40
1,228.59
2-41
905.62
2-42
783.54
2-43
2,350.92
2-44
784.17
2-45
1,355.47
2-46
3,184.93
2-47
1,587.77
2-48
3,175.52
2-49
1,587.77
2-50
1,590.90
2-51
2,182.08
2-52
783.54
-4-
•
ASSESSMENT AND
DIAGRAM NUMBER
2-54
2-55
2-56
3-1
3-2
3-3
3-4
3-5
3-6
3-7
3-8
3-9
3-10
3-11
3-13
3-14
3-15
3-16
3-17
3-18
3-20
3-21
3-22
3-24
3-26
3-27
3-29
3-31
3-32
3-33
3-34
3-35
AMOUNT
UNPAID
$ 902.64
1,754.38
573.79
3,181.80
3,181.80
3,181.80
1,590.90
3,181.80
1,590.90
1,590.90
4,772.69
1,590.90
1,590.90
1,582.44
1,222.90
783.54
3,181.80
879.08
1,590.90
1,590.90
1,590.90
1,590.90
4,772.69
1,439.52
852.54
889.70
783.54
879.08
700.00
783.54
783.54
783.54
*Denotes partial payment.
-5-
ASSESSMENT AND
DIAGRAM NUMBER
3-36
3-39
3-40
3-44
3-45
3-46
3-48
3-49
3-50
3-51
3-52
3-55
3-56
3-57
3-58
3-59
3-60
3-61
3-62
3-63
3-64
3-65
3-66
3-67
3-68
3-69
3-70
3-71
3-72
4-2
4-3
4-4
4-5
AMOUNT
UNPAID
$ 783.54
863.17
1,385.30
.1,087.09
1,174.68
852.54
1,673.24
705.19
1,248.97
1,398.62
1,530.07
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
1,590.90
3,181.80
3,181.80
1,590.90
905.62
1,756.83
783.54
783.54
879.08
783.54
1,758.17
1,308.46
783.54
783.54
783.54
647.20
r6-
ASSESSMENT AND
AMOUNT
DIAGRAM NUMBER
UNPAID
4-6
$ 647.20
4-7
742.74
4-8
1,294.41
4-9
742.74
4-10
647.20
4-11
647.20
4-12
920.82
4-13
2,069.42
4-14
1,093.20
4-15
905.62
4-17
1,476.19
4-19
738.09
4-20
807.09
4-23
860.17
4-24
1,247.55
4-25
847.32
4-29
852.85
4-30
785.89
4-31
789.81
4-32
864.76
4-34
772.24
4-35
912.69
4-36
1,735.37
4-38
879.08
4-39
783.54
4-41
852.54
4-43
783.54
4-45
929.91
4-47
1,430.74
4-48
783.54
4-49
852.54
4-51
852.54
*Denotes partial payment. -7-
ASSESSMENT AND
DIAGRAM NUMBER
4-52
4-53
4-54
4-55
4-56
5-1
5-2
5-3
5-4
5-5
5-6
5-8
5-9
5-10
5-12
5-13
5-14
5-15
5-16
5-17
5-18
5-22
5-23
5-24
5-25
5-26
5-27
5-28
5-29
5-30
5-31
5-33
5-35
*Denotes partial payment.
AMOUNT
UNPAID
$ 783.54
783.54
1,222.32
1,035.79
783.54
1,145.80
852.54
783.54
783.54
889.70
783.54
783.54
905.62
1,716.93
905.62
852.54
783.54
783.54
852.54
852.54
1,407.60
1,589.32
1,738.77
852.34
452.54
852.54
783.54
783.54
944.01
2,045.19
1,288.30
804.23
804.23
ASSESSMENT AND
DIAGRAM NUMBER
5-36
5- 37
5-38
5-39
5-40
5-41
5-42
5-44
5-45
5-47
5-48
5-51
5-52
5-54
5-55
5-56
5-57
5-58
5-60
5-61
5-62
TOTAL ASSESSMENTS UNPAID
DATED: August 14, 1972
AMOUNT
UNPAID
$ 804.23
1,175.31
1,244.31
783.54
783.54
783.54
783.54
2,063.36
1,401.02
1,253.66
1,322.66
852.54
905.62
783.54
905.62
783.54
783.54
852.54
783.54
783.53
905.63
$ 273,960.25
MURRAY L. WARDEN, City Treasurer,
City of Morro Bay, San Luis Obispo
County, California
men
RESOLUTION NO. 73-72
RESOLUTION ACCEPTING DEED FROM
MERRIAM J. URQUHART, CONSERVATOR OF THE
ESTATE OF ETHEL M. TEBBETTS,
AND AUTHORIZING RECORDATION
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 Merriam J. Urquhart as conservator of the
Estate of Ethel M. Tebbetts, a conservatee, for all that
real property described as Lot 3, Block 39 of Tract No. 2,
Town of Morro Bay, in the County of San Luis Obispo, State
of California, according to the map thereof recorded April
18, 1931 in Book 5, Page 20 of Maps, in the office of the
County Recorder of said County; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to record said Deed together
with a copy of this resolution in the Office of the Recorder
of the County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 14, 1972
Jennings, Keiser, McConaghay
Dat:- Vie,
DALE C. MITCHE L, Mayor
11
•
RESOLUTION NO. 72-72
RESOLUTION ESTABLISHING RATES FOR WATER
SERVICE AND FIXING AMOUNT OF
DEPOSIT TO ESTABLISH CREDIT
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does
resolve as follows:
1. Commencing on August 5, 1972, for those water
customers receiving water bills during October,
1972 and on September 5, 1972, for those water
customers receiving water bills during November,
1972, the rates to be charged and collected by
the Water Department every two months for all
billing for regular service shall be the basic
charge according to meter size plus the quantity
charge shown in the following schedules:
a. Meter Rates
Basic Charge Basic Charge
Size Meter Inside City Outside City
5/8"
$ 8.00
$ 16.00
1 "
9.00
18.00
1 1/4"
9.50
19.00
1 1/2"
10.00
20.00
2
12.00
24.00
3-
15.00
30.00
4
18.00
36.00
6
24.00
48.00
b. Quantity Rates
Quantity of Water Used
First 1000 cubic feet or less
Inside City Outside Ci
per 100 cubic feet $ .20 $ .40
All over 1000 cubic feet
per 100 cubic feet .30 .60
2. Commencing August 5, 1972, a deposit of $20.00
will be required to establish credit for service
rendered to premises not owned by the applicant.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen.Donohoo,., Jennings, KeM iser,.cgonaghay.and,,
NOES; Mayor Mitchell
None
ABSENT: None
ADOPTED: August 2, 1972
DALE C. MITCHE L, Mayor
a
RESOLUTION NO. 71-72
RESOLUTION APPROVING ADDENDUM TO
LEASE FOR LEASE SITE NO. 18
(BAIER AND MYERS)
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 Addendum to Lease re: City Lease
Site No. 18 is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor be and is
hereby directed to sign this addendum for and on behalf
of the City of Morro Bay.
On motion by Councilman Keiser and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
/ D.(f-. a V',1z
DALE C. MITCHELL, Mayor
� mMllm _
• 0
RESOLUTION NO. 70-72
RESOLUTION APPROVING GRANT OF
WATERFRONT USE PERMIT TO L. VIRGIL MOORES
FOR LEASE SITE NO. 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:
BE IT RESOLVED that that certain document entitled
"Waterfront Use Permit Agreement No. 114" 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 made by Councilman McConaghay and seconded
by Councilman Jennings , the Morro Bay City Council
hereby adopts in its entirety the foregoing proposed
resolution on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
DALE C. MIT ELL, Mayor
1
2
3
4
5
8
7
WATERFRONT USE PERMIT AGREEMENT NO. 114
The City of Morro Bay, a municipalcorporation of the State
of California, hereinafter referred to as CITY, hereby grants to
L. Virgil Moores, hereinafter referred to as PERMITTEE, the right
to use, on the terms and conditions hereinafter set forth, that pro-
perty of the City of Morro Bay, located within the City limits of
the City of Morro Bay, County,of San Luis Obispo, State of Califor-
911nia, described as follows:
1C
11'
12
13
14
15
18
17
18
19
20
21
22
23
24
25
28
27
28
29
30
31
32
Lease Site No. 128 as shown on City of Morro
Bay Drawing No. 1012, dated January 17, 1969,
a copy of which is attached hereto and by
reference made a part hereof.
la. The term of this Agreement shall be from July 1, 1972 to
land including June 30, 1973.
lb. Notwithstanding the proceeding provision, this Use Permit
may be terminated upon thirty (30) days notice.
2. As consideration for the rights and privileges granted to
PERMITTEE hereunder, PERMITTEE shall pay to CITY the sum of Three
Hundred Forty -Two and 3(Y100 Dollars ($342.30), payable in advance.
3. PERMITTEE shall use premises for the following purposes
and for no other purpose, to wit: Storage and repair facilities.
4. PERMITTEE shall keep the premises in good repair and
shall surrender the premises to CITY at the expiration or termi-
nation of this Agreement in as good condition as it was when it was
originally received by PERMITTEE from CITY. The premises shall net
be altered or changed in any way by PERMITTEE without the prior
written approval of CITY.
5a. This Agreement is granted to PERMITTEE upon the express
condition that PERMITTEE shall keep and hold CITY free from all
liability, expense and claim for damages by reason of any injury
or death to any person or persons, including PERMITTEE, or property
of any kind whatsoever and to whomsoever belonging, including
111PERMITTEE, from any cause or causes whatsoever during the term of
this Agreement or any extension thereof or any occupancy or use
311hereunder; PERMITTEE hereby covenanting and agreeing to indemnify
and save CITY harmless from all liability, loss, cost, and
obligations on account of or arising out of any such injuries or
6 losses howsoever occurring.
Sb. PERMITTEE agrees to take out and keep in force during the
8 life hereof at PERMITTEE's expense, liability insurance to protect
9 against any liability to any person or persons, including PERMITTEE,
10 resulting from any occurrence in or about or incident to said
11 property and appurtenant areas in the amount of $100,000 to
12 indemnify against the claim of one (1) person, $300,000 against the
13 claim of two (2) or more persons, and $50,000 against the claim of
14 one (1) or more persons for property damage with respect to each
15 occurrence. Said policies shall insure the liability of PERMITTEE
18 land the liability, contingent or otherwise, of CITY and such other
17
persons, firms, or corporations as may be designated by CITY. If
18 PERMITTEE does not keep such insurance in full force and effect,
19 CITY may take out the necessary insurance and pay the premiums and
20 the repayment thereof shall be paid by PERMITTEE on the first day
21 of the following month, or, in the sole discretion of CITY, this
22 Agreement may be immediately terminated. PERMITEE shall provide
2311 CITY with copies or certificates of all of said policies including
24 endorsements which state that such insurance shall not be cancelled
25II except after ten (10) days' prior written notice to CITY. Each
28II policy shall be subject to the approval as to form and insurance
27
11 company by CITY.
28 5c. Each such insurance policy insuring PERMITTEE against
2911 claims, expense, or liability for injury to person or property or
for business interruption shall provide that the insurer shall not
3111 acquire by subrogation any right of recovery which PERMITTEE has
32N expressly waived in writing prior to occurrence of the loss.
• a
1 PERMITTEE hereby waives any right of recovery against CITY for each
2 such claim, expense, liability, or business interruption.
3 6. This Agreement and ail:rights given hereunder shall be
4 subject to all easements and rights -of -way now existing or hereto-
5 fore granted or reserved by CITY or its predecessor -in -interest
8 in, to, along, under, or over the premises for any purpose whatso-
7 ever and shall be subject to such rights -of -way as may from time to
8 time be determined by CITY in its sole discretion to be in the best
9 interest of the development and use of the premises and other lands
10 held by CITY.
11 CITY agrees that such easements and rights -of way shall be so
12 located and installed as to produce a minimum amount of interference
13 with the business of PERMITTEE.
14 It is further understood and agreed that this Agreement and
15 any of the rights and privileges herein granted shall be subject to
18 any and all trust limitations under which the premises are held by
17 CITY, including but not by way of limitation, those delineated in
18 Chapter 1076, the Statutes of 1947, as amended by Chapter 413,
19 Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70,
20 Statutes of 1960, First Extraordinary Session, as amended or as may
21 in the future be modified. PERMITTEE covenants and agrees, any
221 provision in.this Agreement to the contrary notwithstanding, that
23 it will not use or permit the premises to be used for any purpose or
24 purposes inconsistent with any of the trusts under which the premise
25 are held.
28 CITY hereby reserves all right, title, and interest in any and
27 all gas, oil, water, and minerals on or beneath the premises.
28 7. PERMITTEE shall pay all charges for all utilities,
29 including but not by way of limitation, electricity, gas, water,
30 and telephone which are used on or about the premises during the
31 term of this Agreement.
32 8. CITY shall have the right to enter the premises at all
1 reasonable hours to examine the same or to make such repairs or
2 alterations as CITY shall, in its sole discretion, desire.
3 9. PERMITTEE shall reimburse CITY for any and all attorney's
4 fees and expenses incurred by CITY in enforcing, perfecting, or
5 protecting CITY'S rights under this Agreement.
8 10. It is mutually understood that this Use Permit Agreement
7 is temporary only and that any continued use of this lease site
8 beyond the terms of this Agreement shall be in accordance with
9 lease or Use Permit policies adopted by the City Council of the City
10 of Morro Bay. It is also mutually agreed that all structures now
11 existing on this Lease Site No. 128 are the property of PERMITTEE
12 and may be removed by PERMITTEE at the termination of this Use
13 Permit or at such other time as.mutually agreed to by PERMITTEE and
14 the City Council of the City of Morro Bay.
15
18 CITY OF MORRO BAY
17
18 Dated
19 DALE C. MITCHELL, Mayor
20 ATTEST:
21
22 ......
23 M. J. LITTLE, City Clerk
24
25 Dated
28
27
28
29
30
31
32
PERMITTEE
L. VIRGIL MOORES
0 •
RESOLUTION NO. 69-72
RESOLUTION AUTHORIZING SALE OF BONDS,
IMPROVEMENT DISTRICT NO. 6,
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 City of Morro Bay has advertised for bids
for sale of bonds to be issued to represent all unpaid assessments
in Improvement District No. 6, City of Morro Bay, San Luis Obispo
County, California; and
WHEREAS, First California Companv have
offered to purchase all of the bonds representing unpaid assessments
in accordance with the terms and conditions of the notice of sale for
said bonds and at the following price, to wit: 97.3409% of the
face value of the bonds and
at the following rate or rates of interest:.
5% for those maturing July 2, 1974 to July 2, 1980 and 5 1/4% for
for those maturing July 2, 1981 to July 2, 1988.
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 assessments be sold to
First California Cog an at the price named in
their i on i e erein, plus accrue interest rom the date thereof
until paid and in accordance with all of the terms and conditions of
the notice of sale for said bonds.
BE IT FURTHER RESOLVED that bonds shall be issued to represent
all of the unpaid assessments under the provisions of the Improvement
Bond Act of 1915 under the terms and conditions outlined in the
Resolution of Intention on file in these proceedings.
On motion by Councilman Jennings and seconded by
Councilman Donohoo , the City Council of the City of Morro
Bay hereby adopts in its entirety the foregoing proposed resolution on
the following roll call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
Jennings, Keiser, McConaghay and
DALE C. MITCHELL, Mayor
y
RESOLUTION NO. 68-72
RESOLUTION DECLARING EMERGENCY
WATER SUPPLY SITUATION
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, paragraph A, Section 9126 of Chapter 1,
Title IV of the Morro Bay Municipal Code empowers the
City Council of the City of Morro Bay to declare an
emergency water supply condition; and
WHEREAS, said section of the Municipal Code permits
but does not limit certain emergency measures; and
WHEREAS, the City Council has determined that there
is a depletion in available water resources, caused by
lowering of the water table:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby declare that an
emergency water condition does now exist; and
BE IT FURTHER RESOLVED that the City of Morro Bay
Water Advisory Committee, the Public Works Committee
of the City Council and the staff of the City of Morro
Bay are hereby authorized and directed to implement any
and all measures which in their judgement will best con-
serve water during the duration of said emergency.
On motion by Councilman Donohoo and seconded by
Councilman Jennings 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, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
DALE C. MITCHELL, Mayor
ATTEST:.
C
M. `T�LITTLE, City Clerk
RESOLUTION NO. 67-72
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
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 Chamber of Commerce, 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
be and are hereby authorized to sign said Agreement for
and on behalf of the City of Morro Bay.
On motion by Councilman Jennings 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 Donohoo, Jennings, Keiser, McConaahay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
Lo�ea
DALE C. MITCHELL, Mayor
rmmvcm.
1 USE PERMIT AGREEMENT
2
3 The City of Morro Bay, a municipal corporation of the State
4 of California (hereinafter called CITY) hereby grants to the
5 Morro Bay Chamber of Commerce (hereinafter called PERMITTEE) the
6 right to use, on the terms and conditions hereinafter set forth,
7 that property of the City of Morro Bay located within the city
8 limits of the City of Morro Bay, County of San Luis Obispo, State
9 of California, at the southern terminus of "J" Street known as
10 Lila H. Keiser Park, (hereinafter called SAID PROPERTY).
11 1. The right and privilege granted to PERMITTEE pursuant
12 to this Use Permit Agreement shall become effective at the hour
13 of 12:01 a.m. on September 1, 1972, and shall expire at 11:59 p.m.
14 on September 4, 1972.
15 2. PERMITTEE shall use SAID PROPERTY for the purpose of
16 conducting a portion of the annual festivity commonly known as
17 the Rock -a -Rama and for no other purpose. PERMITTEE may operate
18 on SAID PROPERTY such exhibits, sales booths and amusements as
19 PERMITTEE deems necessary for such purpose; provided, however,
20 that all rules, regulations, resolutions, and ordinances of the
21 City of Morro Bay or any department thereof, including, by way
22 of illustration and not limitation, fire and safety orders, rules,
23 regulations, or ordinances, shall at all times be complied with.
24 3. Prior to the expiration of this Use Permit Agreement
25 PERMITTEE shall remove or cause to be removed all exhibits and
26 amusements and other facilities constructed or erected on SAID
27 PROPERTY by PERMITTEE. At the expiration of this Use Permit
28 Agreement, PERMITTEE shall surrender SAID PROPERTY to CITY in as
29 good condition as it was when it was originally received by
30 PERMITTEE, reasonable wear excepted.
31 4.a This Use Permit Agreement is granted to PERMITTEE upon
32 the express conditions that PERMITTEE shall keep and hold the
1 CITY free from all liability, expense, and claim for damages by
2 reason of any injury or death to any person or persons, including
3 PERMITTEE, or property of any kind whatsoever and to whomsoever
4 belonging, including PEP&IITTEE, from any cause or causes whatso-
5 ever during the term of this Use Permit Agreement or any exten-
6 Sion thereof or any occupancy or use hereunder; PERMITTEE hereby
7 covenanting and agreeing to indemnify and save CITY harmless from
8 all liability, loss, cost, and obligations on account of or aris-
9 ing out of any such injuries or losses howsoever occurring.
10 4.b PERMITTEE agrees to take out and keep in force during
11 the life hereof at PEPdAITTEE'S expense, liability insurance to
12 protect against any liability to any person or persons, including
13 PERMMITTEE, resulting from any occurrence in or about or incident
14 to SAID PROPERTY and appurtenant areas in the amount of $100,000
15 to indemnify against the claim of one person; $300,000 against
16 the claim of two or more persons; and $50,000 for property damage.
17 Said policies shall insure the liability of PERMITTEE and the
IS liability, contingent or otherwise, of CITY and such other
19 persons, firms, or corporations as may be designated by CITY. If
20 PERMITTEE does not keep such insurance in full force and effect,
21 this Use Permit Agreement may be immediately terminated.
22 PERMITTEE shall provide CITY with copies or certificates of all
23 of said policies including endorsements which state that.such
24 insurance shall not be cancelled except after ten days' prior
25 written notice to CITY. Each such policy shall be approved as
26 to form and insurance company by CITY.
27 4.c Any insurance policy insuring PERMITTEE against claims,
28 expense, or liability for injury or death to person or property
29 in or about SAID PROPERTY shall provide that the insurer shall not
30 acquire by subrogation any right of recovery which PERMITTEE has
31 expressly waived in writing prior to the occurrence of the loss.
32 PERMITTEE hereby waives any right of recovery against CITY for
-2-
I any such claim, expense, or liability.
2 5. PERMITTEE shall pay all charges for all utilities, in-
3 cluding by way of illustration but not limitation, electricity,
4 gas, water, and telephone which are used on or about SAID PROPER
5 during the term of this Use Permit Agreement.
6 6. CITY shall have the right to enter upon SAID PROPERTY
7 at all reasonable hours to examine the same or to make such
8 repairs or temporary alterations as CITY shall, in its sole
9 discretion, desire.
10 CITY OF MORRO BAY
11
12 Dated:l`.�1��; �r/My/
DALE C. MITCHELL, Mayor
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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PERMITTEE
By
Ti
Da
-3-
RESOLUTION NO. 66-72
RESOLUTION OF INTENTION TO ABANDON NEVIS WAY
BETWEEN NEVIS STREET AND NASSAU STREET
AND SETTING DATE FOR HEARING
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 City Council of the City of Morro
Bay intends to vacate, pursuant to the Street Vacation
Act of 1941, all of Nevis Way between Nevis Street and
Nassau 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 Monday, August 1'4,
1972, at 7:30 p.m. in the Morro Bay Recreation Hall 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 inter-
vals of three hundred feet (300') or less, at least ten
(10) days before the date set for hearing.
On motion by Councilman Donohoo and seconded by
Councilman McCoriaghay , 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 Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
ATTEST:
Jennings, Keiser, McConaghay
DALE C. MITCH LL, Mayor
FA
Cf)
Cdm
(9)
TO
RESOLUTION NO. 64-72
RESOLUTION APPROVING THE RENEWAL OF
UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR
THE PERIOD JULY 1, 1972 THROUGH JUNE 30, 1973
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 approve the renewal of lease #DOT-CG12-
4020 dated March 15, 1968 by and between the City of Morro
Bay and the United States Coast Guard for the northern
24 1/2 by 16 foot portion of a 40 by 16 foot wood frame
building, including restroom facilities within the building,
and a 14 by 10 foot work shack at the city "T" pier for
the period July 1, 1972 to and including June 30, 1973;
and
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the lease renewal do-
cument for and on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Jennings 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 Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 10, 1972
0'�7
DALE C. MITCHELL, Mayor
RESOLUTION NO. 65-72
RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY
ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE
STATE OF CALIFORNIA TRANSPORTATION
DEVELOPMENT ACT OF 1971
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 that the Annual Transportation Claim,
with attachments, of the City of Morro Bay, California,
for fiscal year 1972-73, dated July 24, 1972, copies of
which are attached hereto, is hereby approved by the
Morro Bay City Council; and
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to sign said claim and attach-
ments for and on behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that said claim and attach-
ments be forwarded to the San Luis Obispo County and
Cities Area Planning Coordinating Council.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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, Jenninas, Keiser, McConaahay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 24, 1972
DALE C. MITCHELL, Mayor
ATTEST:
_2
M. , City Clerk
CJ"(' `� • • TPA-1
SLOAPC
ANNUAL TRANSPORTATION CLAIM
TO: San Luis Obispo County & Cities Area
Planning Coordinating Council
Rm. 102 Courthouse Annex
San Luis Obispo, Calif. 93401
FROM: Applicant: City of Morro Bay
Address: 595 Harbor Street
City: Morro Bay, California Zip: 93442
Contact Person: Murray L. Warden Phone: 772-2212
Asst. City Administrator
The _ City f Morro Bad hereby requests, in accordance with
Chapter 1400, Statutes 1971 and applicable rules and regulations, that
its'annual transportation claim be approved in the amount of 1' 35-,-557-
for fiscal year 72-73, to be drawn from the local transportation
fund of the County of San Luis Obispo,
When approved, please transmit this claim to the County Auditor of
the.County of San Luis Obispo, for payment. Approval of the claim
and payment by the County Auditor to this applicant is subject to such
monies being on hand and available for distribution, and to the pro-
visions that such monies will be used only in accordance with the
terms of the approved annual financial plan.
G]32aiPl*ffl
San. Luis Obispo County & Cities Area City of Morro Bay
Planning Coordinating Council
By
Title
Date
APPLICANT
By
Title Mayor
19_ Date July 24
9
1972I
TPA-2
SLOAPC
ANNUAL PROJECT AND FINA\C%AL PLAN
use adUi—tional forms as necessary)
Briefly describe all proposed projects anu xauxcnLe I,Lup vv — _���••-•�
tures of your jurisdiction for the ensuing fiscal year for right-of-way .
acquisition and construction of local streets and roads, including
facilities provided for the exclusive use by pedestrians and bicycles.
Give each project a title and number in sequence.
Is this a
major new
Project Title and
facility?
Project
Sources of
Brief Descri tion
Yes or No
Cost
Funding
Extend Embarcadero, north end of
Yes
$173,000
$34,490 SB 325
divided street'northerly to Morro
$30,000 Property
Creek and construct bridge. (This
Owners
project to be on the Ballot in
$50,000 Gas Tax
November for approval by the City
$58,510 Gen. Funds
voter.s.) '
r•
TPA-2
. •; (cont'd)
Ts this a
FBro
major new
ect Title and
facility?
Project
Sources of
f Descrintion
Yes or No
cost
Funding
I #.
a. Applicant's total proposed annual expenditures
of all funds for right-of-way acquisition
construction of streets, pedestrian walk ways
and bike paths.
b. Annual Transportation Clair., Less $1,067.00
Planning Money
c. % of Claim (b) of Total (a)
d.
If Claim is more than 50/ of total proposed
annual expenditures please justify:
IWAMOIND
19.94 %
• • TPA-2
(ccu,c�a)
Briefly describe the status of current fiscal year annual transporta•-
tion claim including: a) project progress to date; and b) income and
expenditures to date. -In-addition, _provide a projection of a and b
above to July 1.
The amount of $1,067 (3% planning money) is to be designated to
the Area Council for purposes of funding the comprehensive
transportation plan.
CERTIFIED
By—il/!. it 6
Title Mayor
Dstd_ ;July.24, _ 19 72 -
• ' TPA-3
SRAPC
NEGATIVF, DECLARATION OF TRANSIT NEED
in accordance with Chapter 1400, Statutes 1971 and applicable
rules and regulations the City of Morro Bay hereby
(Applicant)
declares that is specifically finds no need for transit services \ —
within its area of jurisdiction for fiscal year 1972-73
CERTIFIED -
BY, X101,
'title_ Mayor
Date July 24,. 1972
TPA-4
SRAPC
STATDfFNT OF CONFORMANCE
The City of Morro Bay herbby certifies that
the Annual Transportation Claim for fiscal year 197.2-73 in
the amount of ^ S,.S�� conforms frith the requirements
of Article 8, Chapter 1400, Statutes 1971 and applicable rules.
.and regulations.
CER TIFT,ED:
By
Tifre MaXor
i
Date July 24, 29 72 .
RESOLUTION NO. 63-72
RESOLUTION APPROVING THE RENEWAL OF
UNITED STATES COAST GUARD LEASE #DOT-CG12-3417
FOR THE PERIOD JULY 1, 1972 THROUGH JUNE 30, 1973
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 approve the renewal of lease #DOT-CG12-3417
dated May 23, 1969 by and between the City of Morro Bay
and the United States Coast Guard for the use of approximately
100 feet of dock space on the westerly side of the city
"T" pier at Morro Bay, California, for the period July 1,
1972 to and including June 30, 1973; and
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the lease renewal docu-
ment for and -on behalf of the City of Morro Bay.
On motion made by Councilman,Donohoo and seconded
by Councilman Jennings , 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 Donohoo, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 26, 1972
DALE C. MITCH LL, Mayor
0
RESOLUTION NO. 62-72
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
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 Chamber of Commerce, 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
be and are hereby authorized to sign said Agreement for
and on behalf of the City of Morro Bay.
On motion by Councilman Jennings and seconded by
Councilman McConaghay , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, McConaghay
and Mayor Mitchell
NOES: Councilman Keiser
ABSENT: None
ADOPTED: June 26, 1972
DALE C. MITCHELL, Mayor
I
r •)
1
2
3
4
5
8
7
8
9
10
11
12
13
14
15
18
17
18
19
20
21
22
23
24
25
28
27
28
29
30
31
32I
USE PERMIT AGREEMENT
The City of Morro Bay, a municipal corporation of the State of
California (hereinafter called CITY) hereby grants to the Morro
Bay Chamber of Commerce (hereinafter called PERMITTEE) the right to
use, on the terms and conditions hereinafter set forth, that pro-
perty of the City of Morro Bay located within the City limits of
the City of Morro Bay, County of San Luis Obispo, State of Califor-
nia, and described as that portion of Block 1, Town of Morro,
known as Morro Bay City Park, lying between Morro Bay Boulevard
and Harbor Street in the City of Morro Bay (hereinafter called
SAID PROPERTY).
1. The right and privilege granted to PERMITTEE pursuant to
I this Use Permit Agreement shall become effective between the hours
of 12:01 a.m. on Saturday, July 1, 1972 and 12:01 a.m. on Thursday,
July 6, 1972.
2. PERMITTEE shall use SAID PROPERTY for the purpose of con-
ducting an outdoor Art Festival, and for no other purpose. PER-
MITTEE may display such exhibits on SAID PROPERTY as PERMITTE deems
necessary for such purpose, provided however, that all rules, regu-
lations, resolutions, and ordinancesof the City.of Morro Bay or any
department thereof, including by way of illustration but not limita-
tion, fire and safety order, rules, regulations', or ordinances,
shall at all times be complied with.
3. Prior to the expiration of this Use Permit Agreement
PERMITTEE shall remove or cause to be removed, all exhibits and
other facilities constructed or erected on SAID PROPERTY by
PERMITTEE. At the expiration of the Use Permit Agreement, PERMITTEE
shall surrender SAID PROPERTY to CITY in as good condition as -when
it was originally received by PERMITTEE, reasonable wear excepted.
I 4.a This Use Permit Agreement is granted to PERMITTEE upon
2 the express conditions that PERMITTEE shall keep and hold CITY free
3 from all liability, expense, and claim for damages by reason of any
4 injury or death to any person or persons, including PERMITTEE, or
5 property of any kind whatsoever and to whomsoever belonging,
8 including PERMITTEE, from any cause or causes arising in any manner
7 out of the issuance of this Use Permit Agreement or the use of
8 SAID PROPERTY during the term of this Use Permit Agreement or any
9 extension thereof or any occupancy or use hereunder; PERMITTEE
10 hereby covenanting and agreeing to indemnify and save CITY harmless
11 from all liability, loss, cost, and obligations on account of or
12 arising out of any such injuries or losses howsoever occurring.
13 4.b PERMITTEE agrees to take out and keep in force during the
14 life hereof at PERMITTEE'S expense, liability insurance to protect
15 against any liability to any person or persons, including PERMITTEE,
18 resulting from any'occurrence in or about or incident to SAID
17 PROPERTY and appurtenant areas in the amount of $100,000 to indemnif,
18 against the claim of one (1) person, $300,000 against the claim of
19 two (2) or more persons, and $10,000 for property damage. Said
20 policies shall insure the liability of PERMITTEE and the liability,
21 contingent or otherwise, of CITY and such other persons, firms, or
22 corporations as may be designated by CITY. If PERMITTEE does not
23 keep such insurance in full force and effect, this Use Permit Agree-
24 ment may be immediately terminated. PERMITTEE shall provide CITY
25 with copies or certificates of all of said policies including
28 endorsements which state that such insurance shall not be cancelled
27 except after ten (10) days' prior written notice to CITY. Each such
28 policy shall be approved as to form and insurance company by CITY.
29 4.c Any insurance policy insuring PERMITTEE against claims,
30 expense, or liability for injury or death to person or property in
31 or about SAID PROPERTY shall provide that the insurer shall not
32 acquire by subrogation any right of recover
y which PERMITTEE has
-2-
r,
1 expressly waived in writing prior to the occurrence of the loss.
2 PERMITTEE hereby waives any right of recovery against CITY for any
3 such claim, expense, or liability.
4
11
5 CITY OF MORRO BAY
8
7 Dated: !� i P
8 � /
ATTEST:
9
10
11 City Clerk
12
13
14
15
18
17
18
ATTEST:
19
20
21 Secretary
22
23
24
25
28
27
28
29
30
31
32
143i; 0OWY001
By:
Tit
Mayor
-3-
6 •
RESOLUTION N0: 61-72
RESOLUTION AUTHORIZING CHANGE IN
WATER METER INSTALLATION RATES
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does
resolve as follows:
That effective July 1, 1972, the rates which the
City of Morro Bay will charge for the installation of
water meters will be in accordance with the following
schedule:
1.
For the installation of a
3/4" service
connection with a 5/8" x
3/4" meter - $150.00
2.
For the installation of a
1" service
connection -
$225.00
3.
For the installation of a
1 1/2" service
connection - According to
estimated cost,
but no less than $350.00
4.
For the installation of a
2" service
connection - According to
estimated cost,
but no less than $475.00
5.
For all installations outside
the corporate
limits of the City will be
double the rates
quoted herein.
On motion by Councilman Jennings 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, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 26, 1972
DALE C. MIT , Mayor
ATTEST:
RESOLUTION NO. 60-72
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 classi-
fication plan be adopted which covers all positions in the
competitive service and a plan of compensation directly correlated
with the position classification plan:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that, effective July 1, 1972, the employees
of the City of Morro Bay shall be assigned to position classi-
fications 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. 56-71 passed and
adopted on July 13, 1971, is hereby repealed as of July 1,
1972; 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.
Page
Two
SECTION 1 - SALARY SCHEDULE
Normal
First
Full
Above Avg.
Outstanding
Range
.Hiring
Incentive
Qualification
Performance
Performance
No.
Rate
Rate
Rate
Rate
Rate
1
$357
$377
$401
$422
$452
2
367
391
414
439
463
3
377
401
422
452
475
4
391
414
439
463
487
5
401
422
452
475
502
6
414
439
463
487
515
7
422
452
475
502
532
8
439
463
487
515
545
9
452
475
502
532
563
10
463
487
515
545
576
11
475
502
532
563
594
12
487
515
545
576
611
13
502
532
563
594
627
14
515
545
576
611
645
15
532
563
594
627
660
16
545
576
611
645
679
17
563
594
627
660
698
18
576
611
645
679
718
19
594
627
660
698
741
20
611
645
679
718
763
21
627
660
698
741
785
22
645
679
718
763
804
23
660
698
741
785
827
24
679
718
763
804
852
25
698
741
785
827
877
26
718
763
804
852
902
27
741
785
827
877
927
28
763
804
852
902
953
29
785
827
877
927
977
30
804
852
902
953
1004
31
827
877
927
977
1033
32
852
902
953
1004
1062
33
877
927
977
1033
1094
34
902
953
1004
1062
1125
35
927
977
1033
1094
1155
36
953
1004
1062
1125
1189
37
977
1033
1094
1155
1223
38
1004
1062
1125
1189
1257
39
1033
1094
1155
1223
1293
40
1062
1125
1189
1257
1325
41
1094
1155
1223
1293
1360
42
1125
1189
1257
1325
1398
43
1155
1223
1293
1360
1434
44
1189
1257
1325
1398
1475
45
1223
1293
1360
1434
1513
46
1257
1325
1398
1475
1555
47
1293
1360
1434
1513
1595
48
1325
1398
1475
1555
1641
49
1360
1434
1513
1595
1685
50
1398
1475
1555
1641
1731
is
RESOLUTION NO.
Page
SECTION 2 - POSITION CLASSIFICATIONS
Department Head Classes
Range
Salary
City Administrator
42
1125-1398
Director of Public Works
39
1033-1293
Assistant City Administrator
39
1033-1293
Director of Finance
39
1033-1293
Fire Chief
39
1033-1293
Police Chief
39
1033-1293
Director of Planning and Building
39
1033-1293
Engineering and Building Inspection
Classes
Civil Engineering Assistant II
31
827-1033
Chief Building Inspector
29
7.85-977
Civil Engineering Assistant I
26
7187902
Principal Engineering Aide
23
660-827
Building Inspector
22
645-804
Senior Engineering Aide
17
563-698
Drafting Aide
12
487-611
Administrative, Fiscal, and Clerical Classes
Planning and Building Superintendent
33
877-1094
Administrative Assistant
33
877-1094
Accountant
27
741-927
Administrative Aide
17
563-698
Legal and Administrative Secretary
14
515-645
Account Clerk II
14
515-645
Stenographer
13
502-627
Account Clerk I
9
452-563
Dispatcher Clerk
9
452-563
Records Clerk
9
452-563
Typist Clerk II
8
439-545
Typist Clerk I
4
391-487
Library and Recreation Classes
Director of Parks and Recreation 33 877-1094
Parks and Recreation Supervisor 24 679-852
City Librarian 31 827-1033
Senior Librarian 21 627-785
Junior Librarian 17 563-698
Maintenance and Related Classes
Public Works Superintendent 33 877-1094
Utilities Foreman 26 718-902
Harbor Patrolman 20 611-763
Maintenance Leadman 18 576-718
RESOLUTION NO.
Page
Maintenance and Related Classes
(continued)
Waterworks Serviceman
17
563-698
Mechanic
17
563-698
Maintenance Man
15
532-660
Groundskeeper
12
487-611
Janitor
10
463-576
Police and Fire Classes
Police Captain
Assistant Fire Chief
Fire Marshall
Police Lieutenant
Police Sergeant
Fire Captain
Police Detective
Police Officer
Police Juvenile Investigative Officer
Fire Engineer
Fireman
Policewoman
Utility Plant Classes
Chief Disposal
Disposal Plant
Disposal Plant
Plant Operator
Operator II
Operator I
33
33
30
30
28
28
26
24
24
24
22
21
27
18
15
SECTION 3 - RULES GOVERNING STEP INCREASES
877-1094
877-1094
804-1004
804-1004
763-953
763-953
718-902
679-852
679-852
679-852
645-804
627-785
741-927
576-718
532-660
A. The following rules shall govern step increases for all
employees hired hereafter and for employees listed under Section
4 below:
(1) The first step is the minimum rate and shall normally be
the hiring rate for the class. In%cases where it is
difficult to secure qualified personnel, or if a person
of unusual qualifications is eligible for employment,
the City Council may authorize the Administrative Officer
to hire at the second or third step. If a person is
hired at the second or third step, he shall receive the
next step when he has completed the time requirement for
such advanced step as outlined below, and is recommended
for advancement by the department head and approved by
the Administrative Officer. The first six months,
regardless at which step employment begins, is the
probationary period.
(2) The second step is an incentive adjustment and is given
at the 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.
RESOLUTION NO.
Page Five
(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 satis-
factory service. An employee may be -advanced to the
third step after completion of six months of service
at the second step, provided the advancement is
recommended by the department head and approved by the
Administrative Officer.
(4) The fourth step is to be awarded for work which is
above average for the class. An employee may be
advanced to the fourth step after completion of one
year of service at the third step, provided the advance-
ment is recommended by the department head and approved
by the Administrative Officer.
(5) The fifth step is intended as a reward for outstanding
performance. An employee may be advanced to the fifth
step after completion of one year of service at the
fourth step, provided the advancement is recommended by
the department head and approved by the Administrative
Officer.
B. In applying the above rules, the next step increase shall
be granted, other conditions being met, on the following basis:
(1) For those having an anniversary date on the first of
the month, the increase shall be effective that date.
(2) For those having an anniversary date on the second of
the month or later, the increase shall be effective the
first day of the following month.
C. Probationary period of employment shall be as follows:
(1) Fire and Police Departments . . . . . one year
(2) All other permanent employees . . . . six months
(3) The first six months or one year of service, whichever
applies to the position at which employed, regardless
of the hiring step, shall be considered as a pro-
bationary period:
SECTION 4 - ASSIGNMENT OF EMPLOYEES TO POSITION CLASSIFICATIONS
A. The following employees hired on or prior to the effective
date of this resolution shall be governed by the rules as set forth
in Section 3. All step increases shall be computed from the
effective date of the last step increase as shown.
RESOLUTION
NO.
Page Six
Range & Step
Date of Last
•Name
•Classification
As of 7-1-72
Step Increase
Bergsma, L.
Fire Engineer
24-4
12-1-71
Bradford, J.
Police Captain
33-4
4-1-72
Britell, L.
Police Officer
24-3
7-1-71
Brown, M.
Policewoman
21-3
7-1-71
Bryant, R.
Police Officer
24-3
7-1-71
Carpenter, G.
Police Officer
24-3
2-1-72
Cecil, N.
Stenographer
13-5
3-1-68
Conn, R.
Disposal Plant Oper. II
18-5
12-1-69
Copeland, A.
Waterworks Serviceman
17-5
7-1-69
Davis, A.
Stenographer
13-3
7-1-71
Davis, H.
Police Officer
26-3
10-1-71
Davis, S.
Police Officer
24-2
9-1-71
Donovan, G.
Maintenance Man
15-5
4-1-69
Eidson, J.
Fireman
22-5
11-1-66
Evans, S.
Policewoman
21-5
6-1-67
Fordyce, H.
Maintenance Leadman
18-5
3-1-72
Fry, C.
Maintenance Leadman
18-5
10-1-67
Goedeck, E.
Account Clerk I
9-2
2-1-72
Henexson, S.
Fire Engineer
24-5
7-1-70
Hinely, W.
Mechanic
17-5
10-1-69
Huntington, D.
Maintenance Man
15-5
2-1-71
Johnsrud, V.
Account Clerk II
14-4
2-1-72
Kyle, B.
Juvenile Investigator
24-4
9-1-71
Linhares, J.
Maintenance Man
15-5
4-1-71
Little, M.
City Administrator
42-5
9-1-69
Machado, J.
Police Officer
24-1
5-1-72
Madruga, B.
Policewoman
21-5
8-1-69
Malmquist, J.
Police Sergeant
30-4
7-1-71
Martin, S.
Police Officer
24-2
3-1-72
Mehaffey, W.
Fire Marshall
28-5
1-1-72
McGrath, M.
Maintenance Man
15-5
2-1-72
McSpadden, G.
Harbor Patrolman
20-5
11-16-69
Mendez, G.
Harbor Patrolman
20-2
5-1-72
Meyer, J.
Account Clerk I
9-3
4-1-72
Morones, F.
Maintenance Man
15-5
5-1-72
Oakes, F.
Fire Captain
28-5
7-1-71
Peterson, D.
Maintenance Man
15-5
8-1-68
Radeke, C.
Typist Clerk I
4-3
9-1-71
Ramos, D.
Typist Clerk II
8-5
10-1-69
Ramos, G.
Utilities, Foreman
26-5
8-1-71
Richards, D.
Chief Disp. Plant Oper.
27-5
11-1-69
Rieger, N.
Fire Chief
39-5
9-1-67
Schacht, R.
Police Chief
39-4
4-1-72
Shelton, W.
Maintenance Man
15-5
11-1-68
Simas, J.
Police Sergeant
28-4
4-1-72
Smythe, J.
Maintenance Man
15-2
6-1-72
Stephens, F.
Fire Captain
28-5
7-1-71
Stewart, R.
Typist Clerk II
8-2
5-1-72
Stuart, D.
Public Works Director
39-5
7-1-71
Swanson, D.
Maintenance Man I
15-2
4-1-72
Thomas, S.
Fire Engineer
24-4
11-14-71
Thomas, W.
Planning & Bldg. Sup't.
33-5
1-1-72
Tracy, J.
Fireman
22-4
2-1-72
Van Dyne, G.
Police Sergeant
28-4
4-16-71
Venancio, M.
Maintenance Man
15-5
11-1-66
Warden, M.
Ass't. City Administrator
39-5
7-1-71
Wells, F.
Principal Engr. Aide 1
23-4
2-1-72
RESOLUTION NO.
Page Seven
SECTION 5 - SCHEDULE OF SALARIES FOR POSITIONS NOT WITHIN THE
CLASSIFICATIONS PLAN AND SALARY SCHEDULE
A. Miscellaneous Classifications
Part-time Help
School Crossing Guard $2.50 per hour
Extra Help Minimum hourly rate
for classification
Recreation Director $4.66 per hour
Summer - Temporary Help
Supervisor of Summer
Playgrounds
$3.71
per
hour
Coordinator of Senior
Activities
$2.81
per
hour
Coordinator of Sports
Activities
$2.81
per
hour
Coordinator of Arts
and Crafts
$2.81
per
hour
Playground Leader
$2.39
per
hour
Gym Activity Leader
$2.39
per
hour
Pool Lifeguard
$2.06
per
hour
Clerk Typist
$2.13
per
hour
Assistant Leader
$1.85
per
hour
Pool Assistant
$1.85
per
hour
Student Workers
$1.60
per
hour
Beach Lifeguard / Harbor
Maintenance
$1.75
per
hour
Volunteer Firemen
$25.00
per
month
Police Reserves
$25.00
per
month
Overtime Pav, All Classes
B. Appointed Officers
City Clerk
Straight time com-
puted at individuals
current hourly rate
$1.00 per month
City Treasurer $1.00 per month
RESOLUTION NO. 60-72
Page Eight
On motion made by Councilman Donohoo and seconded by
Councilman Jennings , 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 Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 26, 1972
22DDD
DALE C. MITCHEL , Mayor
ATTEST:
RESOLUTION NO. 59-72.
RESOLUTION ACCEPTING DEED FROM
MORRO PALMS SHOPPING CENTER, INC.
AND AUTHORIZING RECORDATION
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 Morro Palms Shopping Center, Inc., for
all that real property described in Exhibit A attached
hereto; and
BE IT FURTHER RESOLVED that the City Clerk be and
is hereby authorized and directed to record said Deed
together with a copy of this resolution in the office
of the Recorder of the County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 26, 1972
0d.e e: ,f o&
DALE.C. MITCH , Mayor
ATTEST:
M. J I TLE, City Clerk
• Exhibit A
DESCRIPTION
PARCEL 1:
THAT PORTION OF LOTS 5, 6, 7 AND 8 IN BLOCK 38 OF THE TOWN OF
MORRO, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE MAP RECORDED APRIL 22, 1887 IN
BOOK A. PAGE 35 OF MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID BLOCK WHICH IS
66 FEET EAST FROM THE SOUTHWEST CORNER OF SAID BLOCK;
THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOTS 50 60 7
AND 8, 2G4 FEET TO THE NORTH LINE OF SAID BLOCK;
THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK, fib FEET TO THE
NORTHEAST CORNER OF SAID LOT 8;
THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 8, 7, 6 AND 5, 264
FEET TO THE SOUTH LINE OF SAID BLOCK;
THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK, G6 FEET TO THE
POINT OF BEGINNING.
EXCEPT FROM SAID LOT 8 IN SAID BLOCK: ALL THAT PORTION THEREOF WHICH
LIES WITHIN THE BOUNDARIES OF THE RANCHO SAN BERNARDO.
PARCEL 2:
LOTS 1 AND 2 IN BLOCK 38 OF THE T0WN OF MORRO, IN THE CITY OF MORRO
BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP RECORDED APRIL 22, 1887 IN BOOK A. PAGE 357 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOTS 1 AND 2 IN SAID BLOCK, ALL THAT PORTION THEREOF
WHICH LIES WITHIN THE BOUNDARIES OF THE RANCHO SAN BERNARDO.
PARCEL 3:
LOTS 5 AND 6 IN BLOCK 38 OF TRACT NO. 2, IN THE CITY OF MORRO BAY,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE
MAP THEREOF RECORDED MARCH 18, 1931 IN BOOK 5, PAGE 20 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
(END OF DESCRIPTION)
RESOLUTION NO. 58-72
RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION
OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS,
IMPROVEMENT DISTRICT NO. 6, 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, 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
September, 1972, 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 pur-
chase of bonds, which Notice is attached hereto, marked "EXHIBIT
A" and made a part hereof, said bids to be received at the hour
of 2:00 o'clock P.M. on the 24th day of July, 1972, in the
office of the City Clerk of the City of Morro Bay, San Luis
Obispo County, California, at which said time and place said
proposals will be publicly opened, examined and declared; and
BE IT FURTHER RESOLVED that said Notice shall be
published twice, once a week for two (2) consecutive weeks; and
BE IT FURTHER RESOLVED that the amortization schedule
of said bonds be as set forth in "EXHIBIT A" attached hereto.
On motion by Councilman McConaghay and seconded by
Councilman Jennings , the City Council of the City of Morro
Bay hereby adopts in its entirety the foregoing proposed resolu-
tion on the following roll call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 26, 1972
ATTEST:
M. LE, City C er
Jennings, Keiser, McConaghay and
DALE C. MITCHELL, Mayor
RESOLUTION NO. 57-72
RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 120
TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC.
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:
BE IT RESOLVED that that certain document entitled
"Use Permit Agreement No. 120" by and between the City of
Morro Bay and Morro Dunes Trailer Park and Campground, Inc.,
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
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 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: Councilman Donohoo, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
ATTEST:
M. J. j E, City Clerk
0
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15
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Pill
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24
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27
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31
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USE PERMIT AGREEMENT NO. 120
WHEREAS, Morro Dunes Trailer Park and Campground, Inc., a
California corporation, hereinafter referred to as MORRO DUNES, is
the tenant of the City of Morro Bay, a municipal corporation, here
inafter referred to as CITY, pursuant to lease of April 1, 1967
concerning certain real property containing approximately five (5)
acres located in the vicinity of 67th and "C" Streets in said City
and
WHEREAS, MORRO DUNES desires to obtain a renewable Use Permit
from City for the land hereafter described:
NOW, THEREFORE, for valuable consideration, as herein set
forth, CITY hereby grants to MORRO DUNES the right to use, on each
of the terms and conditions herein set forth, including payment of
rentals, that certain property located within the City limits of
CITY, and further described as follows:
All that property in the City of Morro Bay,
County of San Luis Obispo, State of California
lying northerly of the center line of 67th
Street and its westerly projection as shown
on Map of Atascadero Beach filed in Book 2
of Maps, at page 15, in the office of the
County Recorder of said county, described as
follows:
Beginning at a point at the intersection of
the westerly projection of the center line of
67th Street with the southeasterly side of
Atascadero Road, thence north 81012' east to
a point 112 feet easterly of the center line
of "C" Street, thence north 8028' west 160
feet more or less to a point on the south-
easterly side of Atascadero Road, thence along
the southeasterly side of Atascadero Road
304 feet more or less to the point of beginning.
1. The term of this Use Permit Agreement shall be from
July 1, 1972 to and including June 30, 1973.
2. As consideration for the rights and privileges granted
MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum of Four
Hundred Dollars ($400.00) during the term of this Agreement. The
sum of Two Hundred Dollars ($200.00) shall be due and payable on
1 July 1, 1972 and the sum of Two Hundred Dollars ($200.00) shall
2 be due and payable on January 1, 1973. In addition, the gross
3 receipts from the rental derived from these premises shall be
4 subject to the seven and one-half percent (7-�8) percentage rent
5 payment described in paragraph two of the lease dated April 1,
6 1967 between Central Coast Investors and the City of Morro Bay.
7 3. MORRO DUNES shall use the premises for the following
8 purposes and no others: storage of travel trailers, mobile homes,
9 boats, boat trailers, or campers customarily affixed to a pickup
10 truck. None of such vehicles is to be occupied.
11 4. This permit may be terminated by CITY at any time at its
12 option and without any liability to MORRO DUNES, on a date selecte
13 by CITY no sooner than ten (10) days after written notice is maile
14 to.MORRO DUNES. On or before said date, MORRO DUNES shall peace-
15 fully surrender possession to CITY. All property left on the
16 premises subsequent to the termination of this agreement shall
17 automatically become the property of CITY.
18 5. MORRO DUNES shall keep the premises in good repair and
19 shall surrender the premises to CITY at the expiration or terminat
20 of this Agreement in as good condition as it was when it was
21 originally received by MORRO DUNES from CITY. The premises shall
22 not be altered or changed in any way by MORRO DUNES without the
23 prior written approval of CITY; except, however, MORRO DUNES may
24 surface a portion of the premises with red rock or any similar
25 material. Such surface shall be maintained in a reasonably dust-
26 free condition.
27 6-2 This agreement is granted to MORRO DUNES upon the expre:
28 condition that MORRO DUNES shall keep and hold CITY free from all
29 liability, expense, and claim for damages by reason of any injury
30 or death to any person or persons, including MORRO DUNES, or
31 property of any kind whatsoever and to whomsoever belonging,
32 including MORRO DUNES, from any cause or causes whatsoever during
.onl
-2-
1 Ilthe term of this Agreement or any extension thereof or any
2 Iloccupancy or use hereunder; MORRO DUNES hereby covenanting and
3 Ilagreeing to indemnify and save CITY harmless from all liability,
4 Illoss, cost, and obligations on account of or arising out of any
5 Ilsuch injuries or losses howsoever occuring.
6 II 6-b MORRO DUNES agrees to take out and keep in force during
7 Ilthe life hereof at MORRO DUNES' expense, liability insurance to
8 11protect against any liability to any person or persons, including
9 IIMORRO DUNES, resulting from any occurrence in or about or with
10 Ilrespect to the premises and related areas in the amount of Five
11 Hundred Thousand Dollars ($500,000) against the claim of one (1)
12 or more persons for injury to person with respect to each
13 occurrence and One Hundred Thousand Dollars ($100,000) against the
14 claim of one (1) or more persons for property damage with respect
15 to each occurrence. Said policies shall insure the liability of
16 MORRO DUNES and the liability, contingent or otherwise, of CITY
17 and such other persons, firms, or corporations as may be desig-
18 nated by CITY. If MORRO DUNES does not keep such insurance in
19 Ilfull force and effect, CITY may take out the necessary insurance
20
and pay the premiums and
the
repayment thereof shall be paid by
21
MORRO DUNES on the first
day
of the following month, or in the
22
sole discretion of CITY,
this
agreement may be immediately termin-
23 ated. MORRO DUNES shall provide CITY with copies or certificates
24 of all of said policies, including endorsements which state that
25 such insurance shall not be cancelled except after ten (10) days
26 prior written notice to CITY. Each such policy shall be subject
27 to the approval as to form and insurance company by CITY.
28 6-c Each insurance policy insuring MORRO DUNES against
29 claims, expense, or liability for injury to person or property or
30 for business interruption shall provide that the insurer shall not
31 acquire by subrogation any right of recovery which MORRO DUNES has
32 expressly waived in writing prior to occurrence of the loss.
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MORRO DUNES hereby waives any right of recovery against CITY for
each such claim, expense, liability, or business interruption.
7. MORRO DUNES shall pay all charges for all utilities,
including but not by way of limitation, electricity, gas, water,
and telephone which are used on or about the premises during the
term of this agreement.
8. It is mutually understood that an outfall sewer line
from the Morro Bay-Cayucos Wastewater Treatment Plant is located
under said property. CITY is given the privilege of .right of
entry to its agents and employees at any time to inspect, maintain
repair, and replace said outfall line and appurtenances. In the
event of an emergency to said outfall line, CITY is given the
privilege of recapturing all of the above described property,
subject to this Use Permit; and making any necessary repairs or
replacements CITY deems necessary cr desirable. In the event of
such immediate entry, for said purposes, CITY may terminate this
Use Permit; and in such event only, any unearned rental shall be
promptly refunded by CITY to MORRO DUNES.
10. MORRO DUNES shall reimburse CITY for any and all
attorney's fees and expenses incurred by CITY in enforcing, per-
fecting, or protecting CITY'S rights under this Agreement.
Dated this `5( " day of June, 1972
CITY OF MORRO BAY, A municipal
corporation
DALE C. MITCHELL, Mayor
ATTEST: / MORRO DUNES TRAILER PARK & CAMP-
/ GROU D, INC., a California cor-
�`� por yt
, City
-4 -
RESOLUTION NO. 56-72
RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115
TO MORRO DUNES TRAILER PARK AND CAMPGROUND, 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:
BE IT RESOLVED that that certain document entitled
"Use Permit Agreement No. 115" by and between the City of
Morro Bay and Morro Dunes Trailer Park and Campground, Inc.,
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
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 Donohoo and seconded
by Councilman Jennings the Morro Bay City Council
hereby adopts the foregoing proposed resolution in its
entirety on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, Jennings and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
10,1
DALE C. MITCHEL�L, Mayor
ATTEST:
C// r'
M. / T City Clerk
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USE PERMIT AGREEMENT NO. 115
WHEREAS, Morro Dunes Trailer Park and Campground, Inc., a
IlCalifornia corporation, hereinafter referred to as MORRO DUNES, is
the tenant of the City of Morro Bay, a municipal corporation, herein
after referred to as CITY, pursuant to lease of April 1, 1967
concerning certain real property containing approximately five (5)
acres located in the vicinity of 67th and "C" Streets in said City;
and
WHEREAS, MORRO DUNES desires to obtain a renewable Use Permit
Ifrom CITY for the land hereafter described:
NOW, THEREFORE, for valuable consideration, as herein set
forth, CITY hereby grants to MORRO DUNES the rights to use on
each of the terms and conditions herein set forth, including payment
of rentals, that certain property located within the City limits of
CITY, and further described as follows:
All that real property in the City of Morro
Bay, County of San Luis Obispo, State of
California, lying easterly of the center line
of "C" Street as shown on the map of Atascadero
Beach filed in Book 2 of Maps, at page 15, in
the office of the County Recorder of said
County, described as follows:
Beginning at the point of intersection of
the center line of "C" Street and 67th Street
as shown on said map, thence North 81012'
East 136 feet; thence South 8148' East 164
feet; thence South 81012' West 136 feet; thence
North 8148' West 164 feet to the true point of
beginning. Said property is delineated on
Drawing No. 1001 dated February 23, 1967,
a copy of which is attached hereto and marked
Exhibit "A" and by this reference made a part
hereof.
1. The term of this Use Permit Agreement shall be from
July 1, 1972 to and including June 30, 1973.
2. As consideration for the rights and privileges granted to
MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum of Four
Hundred Dollars ($400.00) during the term of this agreement.. The
sum of Two Hundred Dollars ($200.00) shall be due and payable
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on July 1, 1972 and the sum of Two Hundred Dollars ($200.00) shall
be due and payable on January 1, 1973.
3. MORRO DUNES shall use the premises for the following
purposes and no others: The storage of travel trailers, mobile
, boats, boat trailers, or campers customarily affixed to a
kup truck, none of such vehicles is to occupied.
4. This permit may be terminated by CITY at any time at its
on and without any liability to MORRO DUNES, on a date
selected by CITY no sooner than ten (10) days after written notice
is mailed to MORRO DUNES. On or before said date, MORRO DUNES
shall peacefully surrender possession to CITY. All property left
the premises subsequent to the termination of this agreement
shall automatically become the property of CITY.
5. MORRO DUNES shall keep the premises in good repair and
shall surrender the premises to CITY at the expiration or terminati
:>f this agreement in as good condition as it was when it was
17 originally received by MORRO DUNES from CITY. The premises shall
18 not be altered or changed in any way by MORRO DUNES without the
19 prior written approval of CITY; except, however, MORRO DUNES may
20 surface a portion of the premises with red rock or any similar
21 material. Such surface shall be maintained in a reasonably dust-
22 free condition.
23 6-a This agreement is granted to MORRO DUNES upon the express
24 condition that MORRO DUNES shall keep and hold CITY free from all
25liability, expense, and claim for damages by reason of any injury or
28 eath to any person or persons, including MORRO DUNES, or property o
27 any kind whatsoever and to whomsoever belonging, including MORRO DUN
28 from any cause or causes whatsoever during the term of this agreemen
29 or any extension thereof or any occupancy or use hereunder; MORRO
30 DUNES hereby covenanting and agreeing to indemnify and save CITY har:
31 less from all liability, 'Loss, cost, and obligations on account of
32 or arising out of any such injuries or losses howsoever occuring.
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6-b MORRO DUNES agrees to take out and keep in force during
life hereof at MORRO DUNES' expense, liability insurance to protect
against any liability to any person or persons, including MORRO DUNE;,
resulting from any occurrence in or about or with respect to the
premises and related areas in the amount of $500,000 against the
claim of one (1) or more persons for injury to person with respect t
each occurrence and $100,000 against the claim of one (1) or more
persons for property damage with respect to each occurrence. Said
policies shall insure the liability of MORRO DUNES and the liability
contingent or otherwise, of CITY and such other persons, firms, or
corporations as may be designated by CITY. If MORRO DUNES does not
keep such insurance in full force and effect, CITY may take out the
necessary insurance and pay the premiums and the repayment thereof
shall be paid by MORRO DUNES on the first day of the following month
or in the sole discretion of CITY, this agreement may be immediately
terminated. MORRO DUNES shall provide CITY with copies or certi-
ficates of all of said policies, including endorsements which state
that such insurance shall not be cancelled except after ten (10)
days prior written notice to CITY. Each such policy shall be subjec
to the approval as to form and insurance company by CITY.
6-c Each insurance policy insuring MORRO DUNES against claims,
expense, or liability for injury to person or property or for
business interruption shall provide that the insurer shall not
acquire by subrogation any right of recovery which MORRO DUNES has
expressly waived in writing prior to the occurrence of the loss.
MORRO DUNES hereby waives any right of recovery against CITY for
each such claim, expense, liability, or business interruption.
7. MORRO DUNES shall pay all charges for all utilities,
including but not by way of .limitation, electricity, gas, water, and11
telephone which are used on or about the premises during the term
of this agreement..
8. CITY shall have the right to enter the premises at all
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reasonable hours to examine the same or to make such repairs or
alterations as CITY shall, in its sole discretion, desire.
9. MORRO DUNES shall reimburse CITY for any and all attorney'
fees and expenses incurred by CITY in enforcing, perfecting, or
protecting CITY'S rights under this agreement.
Dated this r� day of June, 1972
CITY OF MORRO BAY, A municipal
corporation
ATTEST:
City Clerk MORRO DUNES TRAILER PARK AND
CAMPGROUND, INC., a California
corporation
BY
,/ SECRETARY i
1/
0
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RESOLUTION NO. 55-72
RESOLUTION AUTHORIZING CHANGES IN PERMITTED
USES ON LEASE SITE NO. 18, BAIER & MYERS
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 George F. Baier and Ronald L.
Myers, holders of leasehold interest in Lease Site No. 18,
that changes be made in the permitted uses on said lease
site:
NOW, THEREFORE, BE IT RESOLVED that:
(1) The permitted use "fish and shellfish
hatcheries" be deleted from the list
of permitted uses.
(2) The permitted use "restaurant and bar"
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 Site No. 18:
Operation of a tackle shop; off -sale of
beer and wine; shellfish processing; re-
tail sales of fish and shellfish; mooring
of commercial and pleasure boats; party
boat fishing; restaurant and bar.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the
following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
ATTEST
DALE C.MITCkMayor^
RESOLUTION NO. 54-72
RESOLUTION REQUESTING BOARD OF SUPERVISORS
OF COUNTY OF SAN LUIS OBISPO TO EXPRESS INTEREST IN
THE PROPOSED DIABLO CANYON DESALTING PROJECT
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 State of California and the Office of Saline
Water of the United States Department of the Interior, have jointly
undertaken a program directed toward the eventual design, construc-
tion and operation of a large-scale desalting project known as the
Diablo Canyon Desalting Project for the production and delivery of
desalted sea water that would meet certain water needs of the State
of California; and
WHEREAS, an important aspect of these studies includes delivery
of desalted water that would partially serve the future supplemental
water needs of San Luis Obispo County for several years, principally
in the coastal areas; and
WHEREAS, the County will need a supplemental water supply to
meet future needs for additional water in the county; and
WHEREAS, desalted sea water will provide a high quality water
supply that can be blended with local water supplied to yield an
improved quality of water; and
WHEREAS, desalted water could be made available to the county
by the State, under terms and conditions such that the cost of de -
salted water to the county would be no greater than equivalent amounts
of water from the State Water Project, which terms and conditions
would be subject to final negotiations and acceptance by the county;
and
WHEREAS, the development of practical engineering, operating
and cost data are essential for the orderly development of practical
large-scale desalting and is essential to state and national water
resources planning for the realistic comparison of desalting sea
water as an alternative water supply source:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby request the Board of Supervisors of
the County of San Luis Obispo to express its interest and support
of the successful design, construction and operation of the proposed
Diablo Canyon Desalting Project.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the foregoing
resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12y 1972
DALE C. MITCHEL ; Mayor
ATTEST:
M. L TLE, City Clerk
Resolution No.
Page Two
On motion by Councilman Donohoo and seconded by Councilman
Jennings the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jenningings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
DALE C. MITCHE , Mayor
ATTEST:
M. TTYE, City Clerk
Ll
RESOLUTION NO. 53-72
RESOLUTION OF THE CITY OF MORRO BAY TO
THE SAN LUIS OBISPO COUNTY LOCAL AGENCY FORMATION
COMMISSION RELATIVE TO A PROPOSAL TO
ANNEX TERRITORY TO THE CITY OF MORRO BAY
DESIGNATED "NON-CONTIGUOUS TERRITORY
ANNEXATION -ANNEXATION NO. 2"
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:
The City Council of the City of Morro Bay on its own
motion, hereby initiates proceedings to annex non-contiguous
territory without requiring a petition, consents to the pro-
posed annexation and does request the San Luis Obispo County
Local Agency Formation Commission to approve the annexation of
the territories described in the attached Exhibit "A".
This Council declares that:
A. This resolution is made pursuant to Section
35201.5 and Section 35310 of the Government
Code of the State of California.
B. That the territory proposed to be annexed does
not exceed 100 acres in area, lies in the same
County as that which the City of Morro Bay is
situated, is owned by the City and is being
used for a municipal purpose.
C. There are no registered voters residing in the
territory proposed to be annexed.
D. The reasons for this proposal are that:
1. The City of Morro Bay has purchased these
properties in order to further expand the needed
services and utilities for the City.
2. The City will be able to better control
these City owned properties if they fall under
their jurisdiction.
3. That these properties are needed by the
City to protect the health, safety and welfare
of the inhabitants of the City of Morro Bay.
The City Council requests that the proposed annexation be
wholly approved by the Local Agency Formation Commission,
unconditionally, as permitted by Section 54790 of the Government
Code of the State of California.
The City Clerk of the City of Morro Bay is hereby directed
to file a certified copy of this resolution, and such other in-
formation as may be required to process this application, with
Executive Officer of the San Luis Obispo Local Agency Formation
Commission.
•
EXHIBIT "A"
PARCEL 1: That portion of Lot A of the "Jose Canet Ranch", part
of the Rancho San Bernardo, in the County of San Luis Obispo,
State of California, as shown on a map filed in Book 2, Page 14
of Record of Surveys, in the Office of.the County Recorder of
said County, described as follows:
Beginning at the Southwesterly corner of said Lot A;
thence along the Southerly line of said Lot, North
74' 32' East 553-20 feet to an angle point and North
75° 24' East 25.50 feet; thence parallel with the
Westerly line of said Lot, North 11°'00' West 537.34
feet to the true point of beginning; thence North
79° 00' East 148.40 feet; thence South 22' 40' 40"
East 78.48 feet to a point that is distant North 220
40' 40" West 45.05 feet from the Northeasterly corner
of the land described in the Deed to Louis V. Romero
and wife, recorded August 27, 1963 in Book 1257, Page
567 of Official Records, in the Office of the County
Recorder of said County; thence South 700 01' 27"
West 131.52 feet; thence parallel with the Westerly
line of said Lot A, South 11' 00' East 45.56 feet
to the Northerly line of the land described in said
Deed to Louis V. Romero and wife; thence along said
Northerly line, South 70° 01' 27" West 34.80 feet to
the Northwesterly corner of the land described in
said Deed; thence parallel with the Westerly line of
said Lot A, North 11° 00' West 148.36 feet to the true
point of beginning.
Said property is shown as Parcel 1 on Parcel Map No.
CO-67-78 recorded November 13, 1972, in Book 2 of
Parcel Maps at Page 53.
PARCEL 2: Lot 3 of Manford Brown Little Ranches, in the County
of San Luis Obispo, State of California according to the map
thereof recorded March 18, 1927 in Book 3, Page 90 of Maps, in
the Office of the County Recorder of said County.
EXCEPT therefrom the North 738.80 feet of said Lot 3.
RESOLUTION NO. 52-72
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF MORRO BAY AND HI -WAY CONTRACTORS, INC.,
FOR WORK TO BE DONE AND APPROVING BONDS IN
IMPROVEMENT DISTRICT NO. 6,
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 contract dated the 12th day
of June, 1972, by and between the City of Morro Bay and Hi -Way
Contractors, Inc., for the work and improvements to be done in
Improvement District No. 6, City of Morro Bay, San Luis Obispo
County, 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 performance of said
contract and to secure payment of labor and material claims be filed
with the City Clerk of the City of Morro Bay in said matter, which
said Labor and Material Bond and said Faithful Performance Bond are
hereby approved.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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'; Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
DALE C. MITCHEL , Mayor
ATTEST:
M. LE, City Clerk
RESOLUTION NO. 51-72
RESOLUTION OF AWARD OF CONTRACT,
IMPROVEMENT DISTRICT NO. 6,
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 28th day of February,
1972, it was directed that bids be called for the improvement work
to be done in Improvement District No. 6, City of Morro Bay, San
Luis Obispo County, California, and that the time fixed for receiving
sealed bids or proposals was the 28th day of March, 1972, at the hour
of 2:00 o'clock 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 the work and improvements described
in the Resolution of Intention, which Resolution of Intention is here-
by expressly referred to for a description of said improvements, 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 12th day of June, 1972, ordered the
improvements and acquisitions 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: HI -WAY CONTRACTORS, INC., 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.
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 Donohoo and seconded by
Councilman Jennings , 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; Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
��.(Ag /� , //'/
u
ATTEST:
TL ,� ity Clerk
RESOLUTION NO. 50-72
RESOLUTION AUTHORIZING CHANGES IN THE WORK TO
BE MADE BY THE CITY ENGINEER OF THE CITY OF
MORRO BAY IN IMPROVEMENT DISTRICT NO. 6,
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, as follows:
The City Engineer without further authorization of the
City Council is hereby authorized to order changes in the work to
be done in Improvement District No. 6, 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
locations, soil conditions,.'and other field
conditions which were unknown or uncertain at the
time the plans were prepared.
HOWEVER, the City Engineer 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 Second Amended Engineer's Report heretofore approved
by this City Council.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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, Jennings, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
a
DALE C. MITCHELL, Mayor
ATTEST:
M. LITTLE, City Mirk
RESOLUTION NO. 49-72
RESOLUTION AND ORDER APPROVING SECOND AMENDED
ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF
IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING
ASSESSMENT IN IMPROVEMENT DISTRICT NO. 6,
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 22nd day of June, 1971, the City Council
of the City of Morro Bay, San Luis Obispo County, California,
adopted its Resolution of Intention in Improvement District No. 6,
City of Morro Bay, San Luis Obispo County, California, for the
construction of improvements and acquisitions in said assessment
district and referred said proposed improvements and acquisitions
to GARING, TAYLOR & ASSOCIATES, INC., Engineer of Work for said
assessment district; and
WHEREAS, on the 28th day of February, 1972, the said
GARING, TAYLOR & ASSOCIATES, INC., Engineer of Work, filed an
Engineer's Report, Assessment 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 28th day of February, 1972, the City
Council of the City of Morro Bay preliminarily adopted said Engineer's
Report and fixed Monday, the loth day of April, 1972, 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 relation to said proposed
improvements and acquisitions; and
WHEREAS, on the loth day of April, 1972, the City Council
of the City of Morro Bay directed the Engineer of Work to file an
Amended Engineer's Report; and
WHEREAS, on the loth day of April, 1972, the Engineer of
Work filed with the City Clerk of the City of Morro Bay an Amended
Engineer's Report; and
WHEREAS, on the loth day of April, 1972, said hearing was
continued from time to time to the 22nd day of May, 1972; and
WHEREAS, on the.22nd day of May, 1972, said hearing was
held; and
WHEREAS, on the 12th day of June, 1972, the City Council
of the City of Morro Bay directed the Engineer of Work to file a
Second Amended Engineer's Report; and
WHEREAS, on the 12th day of June, 1972, the Engineer of
Work filed with the City Clerk of the City of Morro Bay a Second
Amended Engineer's Report; and
WHEREAS, all protests having been overruled;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, San Luis Obispo County, California, that this
Council does hereby find, determine and order as follows:
1. That the district benefited by said improvements and
acquisitions and to be assessed to pay the costs and expenses thereof,
is more particularly described in the Resolution of Intention herein -
above referred 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 and acquisitions.
2. That the plans and specifications for the proposed
improvements and acquisitions be, and they are hereby, finally
adopted and approved as the plans and specifications to which said
work shall be done as called for in said Resolution of Intention.
3. That the Second Amended Estimate of Cost of the
itemized and total estimated cost and expenses of the improvements
and acquisitions, and of the incidental expenses in connection there-
with, which said Second 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 Engineer's total and detailed estimate
of the costs and expenses of said improvements and acquisitions.
4. That the public convenience and interest require,
and said Council hereby orders the improvements and acquisitions
to be made as described in, and in accordance with, said Resolution
of Intention and the Second Amended Engineer's Report on file with the
City Clerk of the City of Morro Bay, reference to both of which is
hereby made for a more particular description of said improvements
and acquisitions and also reference is hereby made to the provisions
of the Municipal Improvement Act of 1913,.as amended.
5. 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 and acquisitions. The amount of the assessment
which is levied and apportioned upon each and every lot, piece and
parcel of land within the boundaries of the assessment district is
as shown on the assessment attached to and made a part of the Second
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 improvements and acquisitions, plus incidental
expenses, which each of said lots, pieces or parcels of land has
been assessed in said Second 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 Improve-
ment Fund after the completion of the improvements and the payment
of all claims from the Improvement Fund, said surplus shall be
distributed in accordance with Section 10427 of the Streets and
Highways Code.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , 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,:Jenninas, Keiser and Mayor Mitchell
NOES: None
ABSENT: Councilman MCConaghay
ADOPTED: June 12, 1972
ATTEST:
4M. 15:'�
M. TTLE, City Clerk
zo/r Qo (yz2yz (' 'L�l1l��%
DALE C. MITC L , Mayor
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0
RESOLUTION NO. 48-72
RESOLUTION DIRECTING FILING OF A
SECOND AMENDED ENGINEER'S REPORT AND
SECOND AMENDED ESTIMATE OF COST,
IMPROVEMENT DISTRICT NO. 6,
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 loth day of April, 1972, the Engineer of
Work filed with the City Council of the City of Morro Bay, San Luis
Obispo County, California, the Amended Engineer's Report and Amended
Engineer's Estimate of Cost pursuant to the Resolution of Intention
in Improvement District No. 6, City of Morro Bay, San Luis Obispo
County, California; and
WHEREAS, since the filing of said Amended Engineer's
Report and Amended Engineer's Estimate of Cost, changes have been
made in the street design resulting in a different construction
cost than set forth in said Amended'Engineer's Report and Amended
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 he is hereby directed to file a Second
Amended Engineer's Report and a Second Amended Estimate of Cost to
conform to the changes made in the street design.
On motion by Councilman -Donohoo I and seconded by
Councilman Jennings , 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, Jennings and Mayor Mitchell
NOES: None
ABSENT: Councilman McConaghay
ADOPTED: June 12, 1972
IN I
ATTEST:
M. TLE, City Clerk
u
RESOLUTION NO. 47-72
RESOLUTION OPPOSING THE PRE-EMPTING OF
HOME RULE BY FEDERAL AGENCIES
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, cities or counties requiring federal financing or
approval in conjunction with housing and urban development are being
required by the federal government to permit the use of building
materials not permitted by those jurisdictions;
WHEREAS, existing and new buildings in cities or counties are
being required to retroactively conform to code standards that are
in conflict with the requirements in those jurisdictions;
WHEREAS, these procedures used by the federal government are
based upon the invalid conclusions that costs to the building owners
will be reduced materially, that safety to the life of the building
occupant will not be jeopardized and that the code standards used
by the great majority of American cities are not equivalent to the
standards arbitrarily adopted by the federal government;
WHEREAS, the determination of the needs of a community has
traditionally been the prerogative of the American consumer and his
only effective representative, the local government:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Morro Bay urges its legislative representative to take what-
ever steps are necessary to effect a change in policy whereby federal
agencies will not pre-empt home rule through procedures such as the
withholding of federal funds or the federal adoption and enforcement
of standards which conflict with the nationally recognized standards
adopted by the local government.
On motion by Councilman Donohoo and seconded by Councilman
Jennings, the Morro Bay City Council hereby adopts the foregoing
resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22, 1972
DALE C. MITCHELL, Mayor
ATTEST:
rI
L
RESOLUTION NO. 46-72
RESOLUTION APPROVING ASSIGNMENT OF
LEASE FROM FRANK AND NAOMI L. BREBES
TO GEORGE F. BAIER AND RONALD L. MYERS
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 and Naomi L. Brebes
to assign their leasehold interests in Lease Site No. 18 to George
F. Baier and Ronald L. Myers; 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 City Council of the
City of Morro Bay to the assignment by Frank and Naomi L.
Brebes of their leasehold interests in Lease Site No. 18
to George F. Baier and Ronald L. Myers; and
2. A copy of the Assignment of Lease and Assumption Agree-
ment is made a part of this resolution; and
3. This assignment shall become effective upon receipt
by the City of the executed Assignment of Lease and
Assumption Agreement.
On motion by Councilman McConaghay and seconded by Councilman
Jennings, the Morro Bay City Council hereby adopts the foregoing
resolution in its entirety on the following roll call vote:
AYES: Councilman Donchoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22, 1972
DAEE C. MITCHELL, Mayor
ATTEST:
M. JJZITTLV, City Clerk
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ASSIGNMENT
FRANK BREBES and NAOMI BREBES hereby assign to GEORGE
F. BAIER and RONALD iMYERS.all their right, title and interest in
and to that certain.lease dated October 1, 1969 by and between
the City of Morro Bay and Winfred C. Brown, leasing City of Morro
Bay Lease Site No. 18, which is more particularly described and
delineated on the parcel map of the City of Morro Bay No. 68-30,
which 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,, and assigned by Winfred C. Brown to Frank
Brebes and Naomi Brebes on September 24, 1969, subject to that
certain sublease of a portion of lease site No. 18, dated May 21,
1971 between Frank Brebes and Naomi Brebes as sublessor and
J. R. Johnson., Morro Bay Oyster Co., sublessee.
Frank Brebes and Naomi Brebes further assign all their
rights in and to that.certain sublease agreement between J. R.
Johnson, Morro Bay Oyster Co., and Frank Brebes and Naomi Brebes
dated May 21, 1971,.for a portion of lease site No. 18 to
George F. Baier and Ronald Myers. This assignment of rights in t
described sublease specifically excludes any and all moneys due
to Frank and Naomi Brebes for the sale of personal or real proper
to J. R. Johnson, Morro Bay Oyster Co., which is located on or
off lease site 1.8.
This assignment is conditional upon the following:
A. The resolution of the City Council of the City of
Morro Bay consenting to the assignment of the above described
lease for lease si.te No. 18.
-1-
s
I B. The assumption of the obligations of the lease and
2 sublease described above, by George F. Baier and Ronald Myers.
3 Dated:_�'����(��
Frank Brebes
6,
7
��An%poi
8 Naomi/Brebes
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10 ASSUMPTION AGREEMENT
11 We hereby assume all of the obligations and duties
12 of Frank Brebes and Naomi Brebes which are contained in that
13 certain lease between the City of Morro Bay, and Winfred C. Brown
14 dated October 10, 1968, for the lease of City of Morro Bay
15 Lease Site No. 18, described above, and further agree to assume
16 all of the obligations and .duties -of the sublessors, Frank Brebes
17 and Naomi Brebes in that certain sublease between Frank Brebes
18 and Naomi Brebes and J. R...Tohnson, Morro Bay Oyster Co., for
19 the sublease of a portion of lease site No. 18, in consideration
20 of the assignment'of that lease: and the rights of Frank Brebes
21 and Naomi Brebes in that sublease.
22 Dated: -
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v' Ronald yers
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-2 -
RESOLUTION NO. 45-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE
FROM FRANK BREBES AND NAOMI L. BREBES
TO BREBES OCEAN HOUSE, 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:
WHEREAS, a request has been made by Frank Brebes and Naomi
L. Brebes for permission to assign the leasehold interest in Lease
Site No. 29 as delineated on Parcel Map MB 68-30 from Frank Brebes
and Naomi L. Brebes to Brebes Ocean House, Inc., a California
corporation; 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 Frank Brebes and Naomi L. Brebes
to Brebes Ocean House, Inc., a California Cor-
poration of their interest in Lease Site No. 29,
as delineated on Parcel Map MB 68-30.
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 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.
3. The assignment and assumption agreement are
made a part of this resolution.
On motion by Councilman_Donbhoo and seconded by Councilman
McConaghay , the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety on the following roll call
vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22, 1972
DALE C. MITCHELL, Mayor
M. TTLE, City Clerk
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ASSIGNMENT
FRANK BREBES and NAOMI L. BREBES hereby assign to
BREBES OCEAN HOUSE, INC., a California corporation, all their
right, title and interest in and to that certain lease dated
October 1, 1968 between the City of Morro Bay and Frank Brebes
and Naomi L. Brebes, husband and wife, leasing that certain lease
designated lease site No. 29 by the City of Morro Bay, more
particularly described in parcel map of the City of Morro Bay No.
68-30, recorded October 10, 1968 in book 3 page 10 of parcel maps
in the office of the County Recorder, San Luis Obispo County,
California.
This assignment is conditional upon the approval of
the City of MOrro Bay of this assignment.
Dated: January 25, 1972
ran Bre es
NaoM1 L. Brebes
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ASSUriPT ION
BREBES OCEAN HOUSE, INC., hereby assumes all of the
obligations contained in the lease described above, designated
lease site No. 29 by the City of Morro Bay, in consideration of
this assignment.
Dated: January 25,'1972
GREBES OCEAN US INC.,
President
1
OGLE & GALLO
ATTORNEYS AT LAW
MAIL TO: P.O. SOX T]O
TTO MORRO SAY BLVD.
NOR MO
SAY. CALIF. 93443
PHONES: AREA COOK SOS
77E-9053 643-I661
SA]-ISTS
BY: %
secretary i
1/
•
RESOLUTION NO. 44-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM
PIERPOINT LANDING, INCORPORATED TO
FRANK BREBES AND NAOMI L. BREBES
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, Frank Brebes and Naomi L. Brebes have presented an
assignment from Pierpoint Landing, Inc. to Frank Brebes and Naomi
L. Brebes relating to Lease Site No. 29; 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 Pierpoint Landing, Inc. to Frank Brebes
and Naomi L. Brebes of their interest in Lease Site
No. 29 as delineated on Parcel Map MB 68-30.
2. The above consent is expressly conditioned upon
the understanding by all of the parties to said assign-
ment 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.
3. The assignment and assumption agreement is made a
part of this resolution.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22, 1972 i lu&
DALE C. MITCHELL, Mayor
ATTEST:
�
M. LITTLE, City Clerk
111 ASSIGNMENT
2
3 PIERPOINT LANDING, INC., a California corporation, hereby
4 assigns to FRANK BREBES and NAOMI L. BREBES all its right, title
5 and interest in and to that certain lease dated October 1, 1968
6 between the City of Morro Bay and Frank Brebes and Naomi L.
7 Brebes, husband and wife, leasing that certain lease designated
8 lease site No. 29 by the City of Morro Bay, more particularly de-
g scribed in parcel map of the City of Morro Bay No. 68-30, recorded
10 October 10, 1968 in book 3 page 10 of parcel maps in the office of
11 the County Recorder,!San Luis Obispo County, California.
12 The above described lease has previously been assigned by
13'Frank Brebes and Naomi L. Brebes to Pierpoint Landing, Inc. and
14 is assigned to Frank'Brebes and Naomi L. Brebes as a result of an
15 acceptance by Frank Brebes and Naomi L. Brebes of the real and
16 personal property previously conveyed to Pierpo.int Landing,.Inc.
17 in satisfaction of any indebtedness from Pierpoint Landing, Inc.
18 to Frank Brebes and Naomi L. Brebes.
19 This assignment is conditional upon the approval of the
20 ity of Morro Bay of.this assignment.
21 Dated: January 21, 1972
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PIERPOINT LANDING, INC.
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By
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resi en
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By
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Secretary
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ASSUMPTION
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FRANK
BREBES and NAOMI L. BREBES hereby assume all of
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the
obligations
contained in the lease described above,
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designated lease site No. 29 by the City of Morro Bay, in
consideration of this assignment.
Dated: January 21, 1972
ran --ebitFs
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4. 4 L.
//iJ L51AL -
R ?`� aomi re es
OGLE & GALLO
ATTORNEYS AT LAW
MAIL TO: P.O. BOX 720
770 MORRO SAY BLVD.
MORRO BAY. CALIF. 93443
PHONES: AREA CODE BOB
773-0353 BA]-IBB]
Ru.0 ve
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0
RESOLUTION NO. 43-72
RESOLUTION OPPOSING PROPOSITION 9 APPEARING
ON THE JUNE 6 BALLOT AND URGING A "NO"
VOTE ON THIS INITIATIVE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Proposition 9 on the June 6 Ballot - officially en-
titled the Clean Environment Act which adds to or amends sections
of existing codes for health and safety, agriculture, vehicles,
water and public resources - could seriously cripple local industry
and commerce if enacted into law; and
WHEREAS, one provision of this Proposition alone could bring
local business to a virtual standstill. This is the specification
that the content of sulfur in any form in diesel fuel sold for
use in internal combustion engines within this state shall not
exceed 0.035 percent by weight. Sulfur content of fuel now used
by diesel -powered trucks, tractors, freight trains and transit
buses is several times the amount allowable under the Initiative.
Adapting or building refineries to produce the specified diesel
fuel would take at least two years. In the meantime, movement of
essential commodities would slow to a trickle.
WHEREAS, another provision of Proposition 9 is a ban on con-
struction or completion of nuclear -powered electric generating
plants for a five-year period. The enactment of the Initiative
would ban the completion of the Diablo Canyon Power Plant for
five years and, as a result, create much unemployment in the area
as well as seriously affect the availability of electric power
in many areas of the State. Without the Diablo Canyon Power.
Plant, it would not be possible to build the proposed desalting
plant and thus, the City and County would be deprived of one
source of much needed supplemental water.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay, San Luis Obispo County, California, does hereby
go on record as opposing Proposition 9 appearing on the June 6
Ballot and urging a "No" vote on this Initiative.
On motion by Councilman Donohoo and seconded by Councilman
Keiser , the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, and Keiser
NOES: None
ABSENT: None
ABSTAIN: Councilman McConaghay and Mayor Mitchell
ADOPTED:
OClhlf, e HE L, Mayor
DALE
4 1 ,•
RESOLUTION NO. 47.-72
RESOLUTION OF NECESSITY FOR CONDEMNATION,
IMPROVEMENT DISTRICT NO. 6,
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 City Council of the City of Morro Bay, San Luis
Obispo County, California, RESOLVES THAT:
It finds and determines and hereby declares that the public
interest and necessity require the acquisition, construction and
completion by City of a public improvement; and in connection
therewith and necessary therefor, the acquisition of interests in
the real property described in APPENDIX A attached hereto as
described therein.
Said proposed public improvement.is planned and located in
the manner which will be most compatible with the greatest public
good, and the least private injury.
This City Council shall acquire in the name of City the
said interests in real property by donation, purchase, or by
condemnation in accordance with the provisions for eminent domain
in the Code of Civil Procedure.
Michael T. LeSage, City Attorney for the City of Morro Bay,
and Sturgis, Den-Dulk, Douglass & Anderson, Attorneys at Law,
Oakland, California, are hereby authorized and empowered:
To acquire in City's name, by condemnation, the said
interests in real property in accordance with the provisions for
eminent domain in the Code of Civil Procedure and the Constitution
of California;
To prepare and prosecute in City's name such proceedings in
the proper court as are necessary for such acquisition; and
To apply to said court for an order fixing the amount and
nature of such security as it may direct, and to deposit such
security as so directed, and for an order permitting City to take
immediate possession and use of said real property or interest
therein for said public uses and purposes.
The said interests in real property are more particularly
described in APPENDIX A attached hereto and incorporated herein
by reference.
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On motion by Councilman McConaghay and seconded by
Councilman Jennings 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,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22,.1972
ATTEST:
r
M. 'lerk
Keiser, Jennings, McConaghay and
DALE C. MITCHELL, Mayor
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A P P E N D I X A
The acquisitions to be made consist of the following:
Easement No. 1
That portion of Lots 1, 2.and 3 , Block 26 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81'of Maps in October,
1926, in the City of Morro Bay, County of San.Luis Obispo, State of California
described as follows: .
Permanent Easement'. "
The westerly.ten feet of said Lots 2 and 3, and'the wester7y'ten:feet of'','
:the southerly ten feet.of said Lot 1. •'•
Working Easement
A temporary easement for construction purposes, to expire six months after
:';:filing of Notice of Completion for. Improvement District No, 61 described as follows:
The westerly twenty Peet of said Lots 2 and 3,and tho.West erly twenty feet
' of, the southerly twenty feet, of said Lot 1. .
0)
Easement No. 2
That portion of Lots L and 5 ,Block 26
of Morro Del Mar
,
Subdivision No, 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October, .
1926, in the City
of i•:orro Bay, County of San Luis Obispo,
described -follows:
State of California,
at .
Permanent Easement
The westerly ten feet of said Lots 4 and $, .
'i
Working Easaaent ..
i:..
A.temporary easement for construction purposes, to expire six months after
'filing of Notice of Completion for. Improvement
District No.
6, described as follows:'
.; The westerly twenty feet. of said Lct6 4 and.5,:
Easement No. 3
That portion of Lot 6 , Block 26
of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in
,
the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page
81 of 1-taps in October,
1926, in the City of Mlorro Bay, County of San Luis Obispo,
State of California,
_= :•, . described as follows:
Permanent Easement
.The westerly ten feet of said Lot 6.
Working Eaacrent
:.. .
• A temporary easement for construction purposes, to expire six months after 77*
filing of Notice of Completion for -Improvement District No.
6, described as follows:
`The westerly twenty'fcet of said Lot'6.
Easement No. 4
Easement Nd. 5
That portion of Lot 8 , Block 26 , of Morro Del Mar
Easement N6. 6
That portion of Lot 22 , Block 26 , of Morro Del Mar
'Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay..' County. of San Luis Obispo,, State of California.,
described as follows: r.
Permanent Easement >'
:�.The'northerly five feet of said Lot 22..
OL
Working Easement %:•:
..A temporary casement -for construction purposes, to expire six months after
i'filing of Notice of Completion.for Improvement District No. 6, described as follows:':;'
The northerl t+rent feet of saicl Lot 22.
.01
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Easement No. 8 - y,
That portion of Lot 1 , Block 25 , of Morro Del Mar.
Subdivision No, 2, accordin tto the map thereof recorded in the Office of the
"County Recorder of San Luis Obispo County in•Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,
described as follows: -
•,'. �; �Permanent Easement '� . �. •';I ;:'. • ,..
The northwesterly ten feet of said Lot l.r'^Also?the westerly .ten -feet of `
said Lot I.
,
:Working Easement L .
A temporary easement for construction purposes to expire six months after
:';'filing of Plotice of Completion for.Improvenent District No.o.6described as.follows:
The northwester ly'twenty'feet`of:\said Lot.l... Also the, twenty Seet•
r' oS said Lot' 1. , Y Y
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-Easement No. 9 —
That portion of Lot " ' 2 ; Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,
described as follows: . _ ,.. :j
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e: - {
" Permanent Easement
The -westerly ten feet of said Lot 2. `
Working Easement
A.temporary easement for construction purposes, to expire six months after
:filing of Notice of Completion for. Improvement District No. 6, described as follows:
The, westerly. of said Lot..2
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Easement No. *10 •
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Easement No. 11
That portion of Lot 4 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of 2daps in October,
1926, in the City of :3rro Bay, County of San Luis Obispo,California,,
State of California
described as follows: .
'Permanent Easement
The westerly ten feet of said Lot 4.
Working Easement
A temporary easement for construction purposes, to expire sir, months after
filing of Notice of Completion for. improvement Diatrict No. 6, described as follows:
*Tho.westerly twenty, feet of said 'Lot'4.
5•.
Easement No. 12
That portion of Lots 5 and 6 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the: City of 1•;orro Bay, County of San Luis .Obispo, State of California,
described as follows:
Permanent Easement
The westerly ten feet of said Lot 5. .Also.the westerly ten feet of the
northerly ten,feet of said Lot 6. ^
Working Easement
A.temporary easement for construction purposes, to expire six months af%r
filing of Notice of Completion £or. Improvement District No. 60 described as follows:
fir. .' r'•�a�. '.
' The westerly twent feet of said Lot. Also. •the wester twenty feet of the
' ...northerly twenty feet of said, Lot+6... '
Easement No. 13
�. That portion of Lot 7 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
: County Recorder of San Luis Obispo County in Book 3 at Pago 81 of taps in October,
1926, in'the City of Morro Bay, County.of San Luis Obispo, State of California, .
described as follows:
Permanent Easemont
The westerly ten feet of the' southerly five feet of said Lot
Working Easement
A temporary easer,.ent.for construction purposes, to expire six -months after
filing of 'Notice of Completion for Improvement District No. 6, described as folloti,•s:'
—.. :.fThe westerly twenty;feet',of the southerlytwenty feet of paid Lot. �:''; :`•
Easement No. 14
That portion of Lot 17 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Pago 81 of Maps in October,
1926, in the City of „orro Bay, County of San Luis Obispo, State of California,
described as follows:
The northYiesterly'tVenty feet'of'said Lot'17.
Easement N6. 15
That portion of Lot 12 , Block 25 , of Morro Del Mar .
Subdivision No. 2,.according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of 2-laps in October,
1926, iri the City of I':orro Bay,'County_of San Luis Obispo,.State of California,
described as follows:
Pormanent'Easement
.The southerly.five.feet of said Lot
Working Easement
A temporary easement for construction purposes, to expire six months after
•''� .:>.,!filing'of Notice of Completion for Improvement District No. 6, described as follows:
The southerly ti.reny
t feet of said Lot 12.
..:.. .•�:... .. .j . ..
Easement No. 16 +
That portion of Lots 1 and 2 , Block 27 , of Morro Del Mar
Subdivision No. 21 according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 31 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,
described as follows: :
Permanent Easement
The southwesterly ten feet of said Lot 2.• Also the southwesterly ten feet.
of the southeasterly ten feet of said Lot 1. '
.Working Easement
A temporary easement for construction purposes, to expire six months after
filing of Notice of Completion for Improvement District No. 60 described as follows:S.
t,i .•.;
The southwesterly'twenty feet of said Lot 2.• Also:the-southwesterly,twentir
fee ••. .-•:t of the southeasterly•torenty feet of said Lot 1::.'
<.. _ . y .
Easement No. 17
Easement No. 18
That portion of LotBlock 27 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Offico of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California, •,
described as follows: "
Permanent Easement .'
The westerly ten feet of said Lots 4.ard 5•.:_.:
.Working Easement
A temporary easement-for-66n3tructioi-purposes, to expire six months after
''filing of Notice of Completion for improvcment District No. 6, described as follows:
lie westerly twenty- feet of said Lots -4 -arid 5.
Easement No. 19
• •I
Easement No. 20
Easement No. 21
Easement No. 22
• _ .-
That That portion of Lot 8 , Block 27 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in tho Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,
doscribed.aa.follows:
'Permanent Easement
,"
The'westerly ten feet of said Lot 8,
I
A.
Working Easement
A.temporary easement for construction purposes, to
expire
six months after
"filing
of Notice of Completion for -Improvement District
No, 6,
described as follows:
The westerly twenty feet of said' Lot '8.
s '
Easement .No.. 2,3
That portion of Lots 9 and 10 , Block 27 , of Morro Del Mar
Subdivision No. 2,'according to the map thereof recorded in the Office of the
Co+•nty Recorder of San Luis. Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,
described as follows: ;. ?
Permanent Easement
Working Eacemont
'A temporary easement for construction purposes, to expire six months aft r
filing of Notice.of Completion for Improvement District No. 60 described as follows:
1 r ♦ •:'
The westerly tt'(enty r'cet' or said Lots 9 and 10.: ' :s
Easement No. 2
That portion of Lots 1.1 and 12 , Block 27
, of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Pago 81
of Maps in October,
1926,_n the City of Morro Bay, County of San Luis Obispo, State
of California,
described as follows: ;•
�.
Permanent Easement.
The westerly ten feet of said Lots 11 and 12.
'e.
`.
Working Easement
'A temporary easement for construction purposes, to expire
six months after
-
filing of Notice.of Completion for Improvement District No. 61
described as follows:
The westerly 20:feet-of said Lots I1.•and 12.
Easement No. 25
That portion of Lot 13 , Block 27 ,
of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81
of Maps in October,
1926) in the City of Morro Bay, County of San Luis Obispo, State of California,
described as follows:
•
Permanent Easement
The westerly ten feet of the northerly ten feet of said, Lot 13.
Working Easement
'A temporary easement for construction purposes, to expire
six months after
:,-filing
of Notice.of Completion for Improvement District No. 6,
described as follows:
",
Tho.westerly twenty`feet•of the northerly twenty feet of said Lot 13. "'
Easement No. 26 -
.... ,
Easement No. 28
That portion of Lot 6 ; Block 28 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81.of Maps in October,
1926, in the...City of Morro Bay, County of San Luis Obispo, State of California,
described
as follows:
.•s.
,
-
Permanent Easement!
The
westerly ten feet of
said Lot.6.
Working Easement
''�`•= A.temporary easement for
construction purposes, to expire
six months
after
-:'filing of
Notice of Completion
for. Improvement District No. 6,
described
as follows:
The
westerly, twenty feet
of said Lot 6.
.
Easement dlo. 30
That portion of Lot 8 , Block 28 , of Morro Del Mar
Subdivision No. 2, according to the mnp thereof recorded in the Office of the
County Recorder of Son Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, state of California,
described as" follows:
Permanent Easement
The westerly ten feet of said Lot 8.
Working Easement
A temporary easement for construction purposes, to expire six months after
'filing of Notice of Completion for Improvement District No. 6, described as follows:
trig
_ ,,.The. westerly twenty.feet of 'said. Lot 8.
Easement No. 31
That portion of Lot 9 , Block 28 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of d•faps in October,
1926, in the City of Morro Bay, County of San Luis Obispo, State of California,..
described as follows: ;
Permanent Easement
The westerly ten feet of said Lot 9.'
Working Easement
A temporary easement for construction purposes, to expire Dix months after
filing of Notice of Completion for Improvement District No. 6,' described no follows:
The westerly ttiaenty feet of said Lot 9. ,'?
Easement No. 32
That portion of Lot 3-0 , Block 28 , of Morro Del Mar
Subdivision No, 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo*County in Book 3 at Page 81 of Maps in October,
1926, in'the City of Morro Bay,County.of San Luis Obispo, State.of California,
described as follows:'
r. .Permanent'Easement .'
"•The southerly five feet and the westerly ten feet of said
• :; _ .. .. ,. !• fir•.,,
-Working Easement
_;:',;;• A temporary easement for construction purposes, to expire six months after
'-filing of Notice of Completion.for Improvement District No. 6, described as follows:'
The southerly,twenty.feet and the aresterly twenty., feet of'said:.Lot 10 :.>>`:.::..::
Easement N6.33 f
„
_ > That portion of Lots 11, 12 and 13 , Block 28 , of Morro Del Mar t
Subdivision No. 2, according to t.:.e map thereof recorded in the Office of the
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,'
1S96, in the City of Morro Bay,' County.of San Luis Obispo, State.of California,
described as follows: t
:'Permanent*Easement
The northerly five feet of said Lot 11. Also.the'.westerly ten feet -:of:.;.:'
said Lots ll, 12 and 13.
- - Working Easement
A temporary easement for construction purposes, to expire six months after
i`.filing of Notice of.Completion for Improvement District No. 6, described as follows:'
:,•=;, The northerly twenty -feet -of -said Lot-11."Also the westerly twenty:feet"yf'—
said Lots 11,.12 and 13.
L
Easement No. 34
That portion of LOtsll,. 15 and 16 , Block 28 , of Morro Del Mar
Subdivision No. 21 according to the map thereof recorded in the Office of the
.County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Day., County of San Luis Obispo, State of California,
described as follows:
Permanent Easement
The'westerly ten feet of said Lots 14 and 15. Also.the westerly.:ten feet'
of the northerly ten feet of said Lot 16. �•:";�_._•
Working Easement
A temporary easement for construction purposes, to expire six months after
"'filing of Notice,of Completion for Improvement District No, 61 described as follows:
-:,:.:.':,:• The westerly twenty' feet of said" Lilts 14:and 15: !'Also: the "westerly twenty, "
"`."• feet of the northerly,twenty,feet of said Lot 16..
Easement No. 35
That portion of Lot 24 , Block 28 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo 'County in Book 3 at Page 81 of Maps in October, I
1926, in the City of ;•lorro Bay, County.of San Luis Obispo, State of California, . j
described as follows: i
Permanent"Easement' !
!"
The southerly five.feet of said Lot 24
Working Easement
.`; A temporary easement for construction -purposes, to expire six months after
:filing of Notice of Completion.for Improvement District No. 6, described as follows:
The southerly twenty,fect of said Lot.24. '�
• Easement No. 36
That portion of Lot 23 , Block 28 , of Morro Del Mar
• Subdivision No. 2, according to the map thereof recorded in the Office of the
-County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
-1926, in'the City of Morro Bay,'County.of San Luis Obispo, State of California,
-described-as follows: ;
Permanent'Easement
The northerly five.feet of said Lot 23. i
Working Easement
A temporary easement for construction purposes, to expire six months after
•.;;;;:'.filing of Notice of Completion for Improvement District No. 6, described as follows:
':..The' northerly_ twenty ' feet of said Lo
Easement No.
Working Easement
A temporary easement for construction purposes, to expire
;`filing of Notice of Completion for Improvement District No. 6,
f The westerly twenty'feet of.the northerly twenty.feet of s.
Easement No. 38
That portion of Lot 23 , Block 26 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the '
County Recorder of San Luis Obispo County in Book 3 at Page 81 of Maps in October,
1926, in'the City of Morro Bay, County.of San Luis Obispo, State of California, .
described as follows: ;
,. Permanent Easement'
The southerly, five..feet of said Lot 23.
o.
Working Easement
A temporary easement for construction purposes, to expire six months after
:filing of Notice of Completion for Improvement District No. 61 described as follows:'
_ ,The southerly twenty feet.of said Lot.23 ! �..
Easement N6. 39
M
Easement N6. 40
That portion of Lot 8 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo'County in Book 3 at Page 81 of Maps in October,
1926, in the City of Morro Bay, County.of San Luis Obispo, State of California,
described as follows:
Permanent*'Easement Ly }:;.::'� ' ::..•::
The westerly ten feet of the northerly five feet of said Lot'8.
.•.
Working Easement
_., ,;•':;';' A temporary easement for construction purposes, to expire six months after
"filing of Notice of Completion:for Improvement District No, 6, described as follows:"*..',
;:: ;:,•:::;• The westerly: twenty. feet'of the northerly twenty: feet. of said Lot ...:
---
' •• Easement No. 41 "---
That portion of Lot 11 , Block 25 , of Morro Del Mar
Subdivision No. 2, according to the map thereof recorded in the Office of the
County Recorder of San Luis Obispo'County in Book 3 at Pago 81 of maps in October,
1926, iri the City of Morro Bay,' County.of San Luis Obispo, State of California,
described as follows: ;,•
Permanent Easement
The northerly five feet of said Lot.
.. `: Working Easement
A temporary easement for construction purposes, to expire six months after
filing of Notice of Completion.for Improvement District No. 6, described as follows:' '
The northerly twenty feet of said Lot 11.
Easement No.1f2 _ _.I
That portion of Lots 1.0211,1.4 & 15, Block 26 of Morro'Del.Mar Subdivision No. 2;
according to the map thereof recorded.in the Office of the County Recorder of San I
-Luis Obispo County in Book 3 at Page 81 of Maps in October, 1926, in the City of
- Morro Bay, County of San Luis Obispo, State of California, described as follows:
Permanent Easement
-.The westerly twenty feet of the southerly five feet of.'
aid Lot 10.
? The westerly ten feet of the northerly five feet of said Lot 11:I
The northerly said Lot 4.
five feet of lb.
The southerl five y feet of said Lot 15.
I
RESOLUTION NO. 41-72
RESOLUTION OVERRULING PROTESTS IN
IMPROVEMENT DISTRICT NO. 6,
CITY.OF MORRO BAY, SAN LUIS OBISPO COUNTY,
CALIFORNIA
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, on -the 28th day of February, 1972, the City
Council of the City of Morro Bay, San Luis Obispo County, Cali-
fornia, adopted its resolution fixing time and place for hearing
on the Engineer's Report in Improvement District No. 6, City of
Morro Bay, San Luis Obispo County, California; and
WHEREAS, said resolution fixed the loth day of April,
1972, 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
relation to the proposed improvements and acquisitions described in
the Engineer's Report, the grades to which the work will be done,
the extent of the assessment district, the assessment or the Eng-
ineer's Estimate of Cost and Expenses, or any other act or determ-
ination of the Engineer of Work of said assessment district; and
WHEREAS, protests -or objections were filed in writing
by certain persons, firms or corporations who were interested in
certain of the property within the boundaries of said district,
which said protests or objections were.delivered to the City Clerk
not later than the hour set for hearing such objections; and
WHEREAS, at the time set for hearing the protests and
objections, said City Council of the City of Morro Bay continued
the hearing to Monday, the 8th day of May, 1972, at the hour of
7:30 o'clock P.M.; and
WHEREAS, on the 8th day of May, 1972, said hearing was
opened and continued to the 22nd day of May, 1972, at the hour of
7:30 o'clock P.M.; and
WHEREAS, on the 22nd day of May, 1972, said hearing was
held and all of the protests or objections of every kind and nature
having been heard and duly considered;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council
of the City of Morro Bay, San Luis Obispo County, California, that
all of said protests and objections of every kind or nature be, and
the same are hereby, overruled or denied; and
IT IS HEREBY FURTHER RESOLVED that the City Council finds
that said protests and objections are made by the owners of less
than one-half of the area of the property to be assessed for said
improvements.
-1-
On motion by Councilman McConaghay and seconded
by Councilman Donohoo , the City Council of the City of Morro
Bay hereby adopts in its entiretythe foregoing proposed resolu-
tion on the following roll call vote:
AYES: Councilmen Donohoo•, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 22, 1972
ATTEST:
F
M. q1 LT7TLE, City Clerk
- 2-
RESOLUTION NO. 40-72
RESOLUTION APPROVING.AMENDMENT TO LEASE
WITH CARVER FOR
LEASE SITES NO. 110W, 111W AND 112W
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 the attorneys,
acting for the estate of Laurance F. Carver to extend by
one year the date on which cost estimates and plans are
required to be submitted to City for development of Lease
Sites No. 110W, 111W and 112W; and
WHEREAS, the time required to probate the estate of
Mr. Carver makes it difficult for .the heirs to comply with
this provision by February 1, 1972, as required by para-
graphs 41 and 42 of the basic lease; and
WHEREAS, it is in the best interest of TENANT and City
that the compliance date be extended for one (1) year.
NOW, THEREFORE, BE IT RESOLVED that the Amendment to
Lease for Lease Sites No. 110W, 111W and 112W extending
the compliance date for submission of plans and estimated
costs by one year, to February 1, 1973, be approved; and
BE IT FURTHER RESOLVED that as a condition of the
granting of this approval, that the TENANTS expressly
agree that no assignment of this lease can be made with-
out prior approval of the City Council. A copy of the
Amendment is made a part of this Resolution and the Amend-
ment shall become effective upon receipt by the City of
the executed Amendment.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 8, 1972
DALE C. MITCHELE, Mayor
AMENDMENT TO LEASE
WHEREAS, the City of Morro Bay, a municipal corporation'called
CITY, entered into a lease with Laurance F. Carver and Carl V.
Lindwall, called TENANT, which lease was effective on January 1,
1970, concerning Lease Sites No. 110W, 111W and 112W; and
WHEREAS, the City Council has authorized an extension of the
following terms and conditions:
it is mutually agreed that the aforesaid lease be amended
in the following respects:
1. The date for submission by TENANT of plans with
engineers estimated costs of construction noted
in the first sentence of paragraph 41 be changed
from February 1, 1972 to February 1, 1973.
2. Paragraph 42 is amended to read as follows:
42. In the event TENANT fails to submit such
plans as set forth in paragraph 41 above or in the
event TENANT fails to construct such improvements,
for a reasonable cost of $50,000.00 within the
time provided above, then and in that event, CITY
may give TENANT notice that this lease has termin-
ated for failure of performance by TENANT and all
rights of TENANT hereunder shall terminate and any
advance rental shall be prorated to the date of
such termination, and such unearned rental shall be
refunded to TENANT by CITY.
In the event this lease is terminated, TENANT
agrees to execute all necessary releases of any
rights under this lease and agrees to pay liquidated
damages of $10.00 a day for failure to execute such
releases.
This lease and all of the terms of this lease
are a personal contract with TENANT and TENANT agrees
not to sell or assign its interest without consent
of CITY.
IN WITNESS WHEREOF, this Amendment to Lease has been executed
as of the 23rd day of May , 1972.
CITY OF MORRO BAY
By . , �,i. C Eli
2< F
'
DALE C. MITCHELL, Mayor
ATTEST:
M. J. LITTLE, City Clerk
ESTATE OF LAURANCE F. CARVER
BY
Executrix
RESOLUTION NO. 39-72
RESOLUTION APPROVING AN AGREEMENT
WITH LAMPMAN AND ASSOCIATES FOR TOPICS STUDY
T H E C I T Y C O U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay does resolve
as follows:
1. That the COUNSULTANTS AGREEMENT dated May 8,
1972 by and between the City of Morro Bay,
a municipal corporation, and Lampman and
Associates, a corporation; to prepare an area -
wide TOPICS plan for the city, is hereby
approved.
2. That the mayor be and is hereby directed to
sign :.this• agreement on behalf of the City
of Morro Bay.
On motion by Councilman Donohoo and seconded by Council-
man Jennings , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 8, 1972
DALE C. MITCHEL , Mayor
ATTEST:
�.
// M. J. TLE, City Clerk
RESOLUTION NO. 38-72
RESOLUTION AUTHORIZING AGREEMENT WITH STATE
FOR TRAFFIC OPERATIONS PROGRAM TO
INCREASE CAPACITY AND SAFETY
(TOPICS)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Federal -Aid Highway Act of 1968 has made
Federal Funds available for making traffic operations improve-
ments on a systematic basis in accordance with an areawide
plan; and
WHEREAS, the State of California, acting through the
Division of Highways of the Department of Public Works, is
authorized to make these Federal Funds available to Local
Agencies; and
WHEREAS, the State and any Local Agency are required
to enter into an agreement with respect to the preparation
of an areawide TOPICS plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby consent to enter into an
agreement with the State with respect to the preparation of
an areawide TOPICS plan and with respect to the construction,
maintainance and evaluation of such TOPICS improvement pro-
jects as may be financed in part with Federal TOPICS Funds;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and are hereby authorized to sign this agreement for
and on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman McConaghay , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 8, 1972
l,D4
DALE C. MITCHELL, Mayor
ATTEST:
M. L , City Clerk
RESOLUTION NO. 37-72
RESOLUTION GRANTING USE PERMIT AGREEMENT
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, May 20, 1972;
Saturday, May 27, 1972; and, in the event inclement
weather makes the holding of these events on either of
these dates impractical, Saturday, June 3, 1972;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay hereby approves the grant of a
Use Permit Agreement for the aforementioned use, and the
Mayor 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 Main Street; and
BE IT FURTHER RESOLVED that the Morro Bay Police
Department be and is hereby authorized to restrict vehicular
and pedestrian traffic on the race course during the time
of assembly and race.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council
hereby adopts the foregoing proposed resolution in its
entirety on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 8, 1972
ATTEST:
_ r
�M. J. ~ XT Ff, City
DALE C. MITCHEL , Mayor
RESOLUTION NO. 36-72
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY CHAMBER OF COMMERCE
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 Chamber of Commerce, 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 be and are hereby authorized to sign said Agreement
for and on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Jennings , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 8, 1972
DALE C. MITCHELL,. Mayor
ATTEST:
M. I City Clerk
lII USE: PERMIT AGP1'.Ei;ENT
2
Z5 The City of Morro Bay, a municipal corporation of the State
411of California (hereinafter called CITY) hereby, grants to the
511 Morro Bay Chaanber of Coimierce (hereinafter called
6 PERMITTEE) the.right to use, on,the terms and conditions herein-
7 after set forth, that property of the City of Morro Bay located
8 within the city limits of the City of Morro Bay, County of San
9 Luis Obispo, State of California, and described as that portion of
10 Black F, bounded on the south by Beach Street, on the west by
11 Embarcadero Street, on the north by Surf Street, and on the east
19
20
21
22
23
24
25
2e
27
28
29
30
31
32
by Front Street, in the City of Morro Bay (hereinafter called
SAID PROPERTY).
1. The right and privilege granted to PERMITTEE pursuant to
this Use Permit Agreement shall become effective at the hour of
12:01 a.m. on Friday, September 1, 1972 and shall expire at
12:01 a.m. on Tuesdav, September 5, 1972
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting art exhibits
and for
no other purpose.
PERMITTEE
may
construct,
maintain,
land operate on
SAID PROPERTY such
exhibits
and
amusements
as
PERMITTEE deems necessary for such purpose; provided, however,
that all rules, regulations, resolutions, and ordinances -,of the Ci
of Morro Bay or any department thereof, including, by way of
illustration and not limitation, fire and safety orders, rules,
regulaticns, or ordinances,"shall at.,all times be complied with.
PEILMITTEE may sell beer on SAID PROPERTY during the period of this
Use Permit Agreement provided that the necessary license Iis
obtained from the Department of Alcoholic Beverage Control of the
State of California.
3. Prior to the expiration of this Use Permit Agreement
PERMITTEE shall remove or cause to i,e removee all exhibits and
G
1
lamusei:ients and other facilities constructed or erected on SAID
PROPERTY by PERMITTEE. At the expiration of this Use Permit
31JAgreement, PERMITTEE shall surrender SAID PROPERTY to CITY in as
good condition as it was when it was originally received by
PERMITTEE, reasonable wear excepted.
6 4.a This Use Permit Agreement is granted to PERMITTEE upon
7 the express conditions that PERMITTEE shall keep and hold the CITY
8 free from all liability, expense, and claim for damages by reason
9 of any injury or death to any person or persons, including
10 PERMITTEE, or property of any kind whatsoever and to whomsoever
11 belonging, including PERMITTEE, from any cause or causes whatso-
ever during the term of this Use Permit Agreement or any extension
13I1thereof or any occupancy or use hereunder; PERMITTEE hereby
14II covenanting and agreeing to indemnify and save CITY harmless from
15 all liability, loss, cost, and obligations on account of or arising
16 out of any such injuries or losses howsoever occurring.
17 4.b PERMITTEE agrees to take out and keep in force during
18 the lift hereof at PERI4ITTEE'S expense, liability insurance to
19 protect against any liability to any person or persons, including
20 PERMITTEE, resulting from any occurrence in or about or incident
21 to SAID PROPERTY and appurtenant areas in the amount of $100,000
22 to indemnify against the claim of one person; $300,000 against the
23 claim of two or .more persons; and $50,000 for property damage.
2411Said policies shall insure the liability of PERMITTEE and the
25 liability, contingent or otherwise, of CITY and such other persons,
26 firms, or corporations as may be designated by CITY. If PERMITTEE
27 does not keep such insurance in full force and effect, this Use
28 Permit Agreement may be immediately terminated. PERMITTEE shall
29 provide CITY with copies or certificates of all of said policies
30 including endorsements which state that such insurance shall not be
31 cancelled except after ten days' prior written notice tb CITY.. Each
32 such policy shall be approved.as to form and insurancy company by CI:
-2-
1 4.c Any insurance policy insuring PEP14ITTEE against claims,
2 expense, or liability for injury or death to person or property
3 in or about SAID PROPERTY shall provide that the insurer shall not
4 acquire by subrogation any right of recovery which PERMITTEE has
5 expressly waived in writing prior to the occurrence of the loss.
8 PERMITTEE hereby waives any right of recovery against CITY for any
7 such claim, expense, or liability.
8 5. PERMITTEE shall pay all charges for all utilities, in-
9 eluding by way of illustration but not limitation, electricity,
10 gas, water, and telephone which are used on or about SAID PROPERTY
11 during the term of this Use Permit Agreement.
12 6. CITY shall have the right to enter upon SAID PROPERTY
13 at all reasonable hours to examine the same or to make such repairs
14 or temporary alterations as CITY shall, in its sole discretion,
15 desire.
18 CITY OF MORRO BAY
17
18 Dated:
19
20 ATTEST:
2122
M. J! LITT] , City Clerk
23
24
25
28
27
28
29
30
31
32
17
DALE C. MITCHELL, Mayor
PERMITTEE
By
Ti
Da
-3-
RESOLUTION NO. 35-72
RESOLUTION FAVORING THE ACQUISITION BY
THE STATE OF CALIFORNIA OF SURPLUS FEDERAL LAND
LOCATED ON CAMP SAN LUIS OBISPO, CALIFORNIA
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, land for use by the general public for outdoor
recreational activities is becoming increasingly difficult to
preserve or acquire; and
WHEREAS, the Central Coast region, in the immediate vicinity
of the cities of San Luis Obispo and Morro Bay, is experiencing
increasing public attention as a recreational area; and
WHEREAS, approximately 1,349 acres of Federal land located
on Camp San Luis Obispo is to be disposed of by the Federal
Government; and
WHEREAS, the Legacy of Parks Plan permits disposal of excess
Federal lands to public agencies; and
WHEREAS, the State of California, Department of Parks and
Recreation has applied to the Federal Government to acquire the
surplus lands of Camp San Luis Obispo; and
WHEREAS, it is in the best interests of the general public
to preserve and develop recreational facilities and open spaces.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, as follows:
The State of California, Department of Parks and
Recreation is hereby urged and requested to take all
necessary action to acquire surplus Camp San Luis Obispo
land from the Federal Government under the Legacy of
Parks Plan.
The State of California, Department of Parks and
Recreation is hereby urged and requested to formulate
plans for converting, as expeditiously as possible, the
surplus acreage into a Regional Recreational Park facility.
The Federal Government is hereby urged and re-
quested to excercise its options under the Legacy of
Parks Plan by deeding the 1,349 surplus acres to the
State of California for the purpose of developing a
Regional Recreational Park.
On motion by Councilman Donohoo and seconded by Council-
man "McConaghay , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
ATTEST:
M. , City Clerk
Jennings, Keiser, McConaghay and
_ i� /�
�. ,
RESOLUTION NO. 34-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 22
FROM UPTE INCORPORATED TO
RALPH I. GUNTHER AND SHIRLEY J. GUNTHER
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 Gaylord M. Uptegrove,
President and Ralph I. Gunther, Secretary of Upte Incorporated,
a corporation, to transfer the corporate leasehold interest in
Lease Site No. 22 to Ralph I. Gunther and Shirley J. Gunther,
husband and wife; 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 Upte, Incorporated of the corporate
leasehold interest in Lease Site No. 22, to
Ralph I. Guntherc and Shirley'J. Gunther, husband
and wife; and
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution; and
3. This assignment shall become effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
Jennings, Keiser, McConaghay and
ADOPTED: April 24, 1972
DALE C. MITCHELL, Mayor
ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT
UPTE, INC., a California corporation, hereby assigns to
Ralph I. Gunther and Shirley J. Gunther, his wife, all the right,
title and interest in and to that certain lease dated February
26, 1969, by and between the City of Morro Bay, a municipal
corporation and John W. Norek and Erma L. Norek concerning that
certain tide and submerged lands lease site known as Lease Site
No. 22; said lease 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, County of San Luis Obispo, Califor-
nia. The term of said lease was fifty years commencing October 1,
1968, and expiring without notice on September 30, 2018.
This lease was assigned to Upte, Inc. by John W. Norek and
Erma L. Norek on July 30, 1969.
Reference.is made to said lase, a copy of which is attached
to the original of this Assignment of Lease and Assumption Agree-
ment for further particulars.
This assignment is conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 1�f� day of ` 7" , 1972.
Gayl d M. Uptegr ve, P, eside t
Ralph I. Gunther, Secretary
ASSUMPTION AGREEMENT
LEASE SITE NO. 22
RALPH I. GUNTHER and SHIRLEY J. GUNTHER accept the afore-
said assignment of lease from Upte, Inc., and hereby agree with
the assignors and with the City of Morro Bay, a municipal cor-
poration, 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.
Assignees acknowledge the superior title in the leased
premises.of the State of California and the City of Morro Bay
as successor trustee of said land and agree not to contest said
title. Assignee agrees to pay liquidated damages of Twenty
Thousand Dollars ($20,000) and attorney fees in the event that
assignees contest such title.
Assignee relies solely on his individual determination of
assignors right to assign the validity of all previous assign-
ments, and his determination of the existence of any claims or
liens against said lease and acknowledges and understands that
City is not responsible for or connected with such rights or
claims except to the extent of the City's interest and rights as
Lessor and trustee of the lease site.
RALPH�MUJMTHIEIRZ
SHIRLEY - GkJNTHER
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
Ond-/g�j -,:;)- before me, the undersigned,
a Notary Public in and for said State, personally
appeared RALPH I. GUNTHER and SHIRLEY J. GUNTHER,
known to me to be the persons whose names are sub-
scribed to the within instrument and acknowledged
that they executed the same.
WITNESS � my hand and official seal. ELDRIDGE W.IDt
_ / !e .:
x..,., NOTAflY PUBLIC -CA
LIP.
�✓/ /// ��:!''`r�F PRINCIPAL, OFFICE IN
- SAN LUIS 081Sf'0 COUNTY
Signature
r • •
RESOLUTION NO. 33-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 21
FROM UPTE INCORPORATED TO
RALPH I. GUNTHER AND SHIRLEY J. GUNTHER
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 Gaylord M. Uptegrove,
President and Ralph I. Gunther, Secretary of Upte Incorporated,
a corporation, to transfer the corporate leasehold interest in
Lease Site No. 21 to Ralph I. Gunther and Shirley J. Gunther,
husband and wife; 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 Upte, Incorporated of the corporate
leasehold interest in Lease Site No. 21, to
Ralph I. Gunther and Shirley J. Gunther, husband
and wife; and
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution; and
3. This assignment shall ..become effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
Jennings, Keiser, McConaghay and
ASSUMPTION AGREEMENT
LEASE SITE NO. 21
Lease executed April 1, 1970
RALPH I. GUNTHER and SHIRLEY J. GUNTHER accept the afore-
said assignment of lease from Upte, Inc., and hereby agree with
the assignors and with the City of Morro Bay, a municipal cor-
poration, to assume all of the obligations of the lessee in the
aforesaid lease, including the payment of rent and the applicable
percentage of the gross at the time and in the manner as therein
set forth. Assignees agree to pay all accrued and unpaid rentals
and the applicable percentage of the gross for the period July 1,
1971 on, including any amounts unpaid by Upte, Inc.
Assignees acknowledge the superior title in the leased
premises of the State of California and the City'of Morro Bay
as successor trustee of said land and agree not to contest said
title. Assignee agrees to pay liquidated damages of Twenty Thou-
sand Dollars ($20,000) and attorney fees in the event that assignees
contest such title.
Assignee relies solely on his individual determination of
assignors right to assign the validity of all previous assign-
ments, and his determination of the existence of any claims or
liens against said lease and acknowledges and understands that
City is not responsible for or connected with such rights or
claims except to the extent of the City's interest and rights as
Lessor and trustee of the lease site.
RALPirI. GUNTHER
SHIRLEY Ul GUN HER
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On �`�/ �'�� - before me, the undersigned,
a Notary in and for said State, personally
appeared RALPH I. GUNTHER and SHIRLEY J. GUNTHER,
known to me to be the persons whose names are sub-
scribed to the within instrument and acknowledged
that they executed the same.
1„
WITNESS my hand and official seal:n.� ELDRIDGE V. JONES NOTARY PUBLIC -CALIF.
PRINCIPAL OFFICE IN
f=- . -
�SAN LUIS OBISPO COUNTY.
-/�,/ MY Cemmission Expires Aug. 7, 1912
ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT
UPTE, INC., a California Corporation, hereby assigns to
Ralph I. Gunther. and Shirley J. Gunther, his wife, all the right,
title and interest in and to that certain lease dated April 1,
1970, by and between the City of Morro Bay, a municipal corpora-
tion and Upte, Inc., concerning that certain tide and submerged
lands lease site known as Lease Site No. 21; said lease site
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 Mpps in the office of the County
Recorder, County of San Luis Obispo, California. The term of
said lease was twenty-five years commencing April 1, 1970, which
was subsequently amended by the City of Morro Bay effective July
13, 1971, extending the lease term to forty years and the termina-
tion date to April 1, 2010.
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 conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 of1972.
GAYLO M. UPTEGROVE, Pre ident
RALPH I. GUNTHER, Secretary
RESOLUTION NO. 32-72
RESOLUTION DESIGNATING USE OF
1971-72 AND 1972-73 TOPICS ALLOCATION.
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the State of California Department of Public Works
(hereinafter called "State") has advised that the City of Morro
Bay (hereinafter called "City") has been apportioned $12,496 of
Federal TOPICS funds for fiscal year 1971-72 and $12,496 for
1972-73.
WHEREAS, regulations for the use of said TOPICS funds require
City to advise State of their specific intentions in regard to
expenditure of such funds; and
WHEREAS, the City Council has indicated its desire to partici-
pate in the TOPICS Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. That City intends to expend a portion of its 1971-72
apportionment for the purpose of completing an area -
wide TOPICS study.
2. That City intends to accumulate the remaining portion of
its 1971-72 apportionment and to accumulate the 1972-73
apportionment to finance certain improvement projects.
On motion by Councilman Donohoo and seconded by Councilman
Jennings , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
DALE C. MITCHELL, Mayor
ATTEST:
ItiI
Tom®
RESOLUTION NO. 31-72
RESOLUTION AUTHORIZING THE CITY CLERK
TO SIGN REQUIRED LOCAL, STATE
AND FEDERAL DOCUMENTS
REQUIRED IN APPLICATION FOR GRANTS FOR
TRICKLING FILTER MODIFICATION AT
SEWER TREATMENT PLANT
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay California
resolves as follows:
The City Clerk is hereby authorized and directed
to sign any and all local, State and Federal documents
which may be required in making application for grants
to cover all or a portion of the cost of modifying the
Trickling Filters at the Morro Bay - Cayucos Sewer Treat-
ment Plant in such a manner as to eliminate the mercury
seals as required by the State Water Quality Control
Board.
On motion by Councilman McConaghay 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, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
ATTEST:
r
M. J.AIT75E, City Clerk
0
RESOLUTION NO. 30-72
RESOLUTION APPROVING AMENDMENT TO LEASE
WITH JAMES P. EDDY SR.
FOR LEASE SITES NO. 90 AND 90W
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 James P. Eddy Sr. to
extend his lease on Lease Sites No. 90 and 90W for a five-year
period commencing April 9, 1972; and
WHEREAS, It is in the public interest that the approval of
an amendment to the basic lease between James P. Eddy Sr. and the
City of Morro Bay, as successor to the County of San Luis Obispo,
granting this extension be approved:
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the Amendment to
Lease for Lease Sites No. 90 and 90W extending this lease for an
additional five-year period commencing April 9, 1972; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf
of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay, the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call
vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
4E C. M TC Mayor- D
ATTEST:
M.' .. L�LE, ity Clerk
Clerk
RESOLUTION NO. 29-72
RESOLUTION ACCEPTING DEED FROM
JOHN FOX AND GERALDENE FOX, HUSBAND AND WIFE,
AND AUTHORIZING RECORDATION
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 John Fox and GeraldOne Fox, husband and
wife, as joint tenants, for all that real property described
as Lots 5 and 6, Block 3 - resubdivision of Blocks 2 and 3,
Morro Heights Tract, in the County of San Luis Obispo,
State of California, according to the map thereof recorded
in Book 3, Page 52 of Maps, in the office of the County
Recorder of said County; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to record said Deed together
with a copy of this resolution in the office of the Recorder
of the County of San Luis Obispo.
On motion by Councilman McConaghay 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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 24, 1972
DALE C. MITCHEL , Mayor
ATTEST:
M. III ity Clerk
RESOLUTION NO. 28-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN THE CITY OF MORRO BAY ON THE 11TH
DAY OF APRIL, 1972, AND DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a regular general municipal election was held and
conducted in the City of Morro Bay, County of San Luis Obispo,
State of California, on Tuesday, the llth day of April, 1972, as
required by law; and
WHEREAS, notice of said election was duly and regularly given
in time, form, and manner as provided by law; that voting precincts
were properly established; that election officers were appointed,
and that in all respects said election was held and conducted and
the votes cast thereat received and canvassed and the returns made
and declared in time, form, and manner as required by the
provisions of the Elections Code of the State of California for
the holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 22-72, adopted the 27th
day of March, 1972, the City Clerk of the City of Morro Bay canvassed
the returns of said election and has certified the results to this
City Council, said results are received, attached, and made a part
hereof as "Exhibit A":
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were'six (6) voting precincts established
for the purpose of holding said election, consisting of consolidations
of the regular election precincts in the City of Morro Bay as estab-
lished for the holding of State and county elections.
SECTION 2. That said regular general municipal election was
held for the purpose of electing the following officers of said city
as required by the laws relating to cities in the State of California,
to wit:
Two (2) members of the City Council of said city
for the full term of four (4) years.
SECTION 3. That the whole number of votes cast in said city
(except absent voter ballots) was 6,590.
That the whole number of absent voter ballots cast in said city
was 281 making a total of 6,,871 votes cast in said city.
SECTION 4. That the names of persons voted for at said election
for member of the City Council of said city are as follows:
Fred R. Donohoo, Sr.
Jack J. Jennings
Orval Leage
Wesley E. Mallery
Ernest Maltby, Jr.
Clifford L. Strickler
George M. Sturges
Joseph C. Giannini
Willard L. McGonagill
Shirley McGuire
Mrs. Keith
Bill John
Joe Van Beurden
Dwight Carlisle
RESOLUTION NO.
Page Two
Dale Lucas
Frank Snook
Neil Moses
Monogill
Magonagole
Robert P. Dunn
Dorothy Des Jardin
That the measure voted upon at said election is as follows:
PROPOSITION A
SHALL THE ORDINANCE PROHIBITING ALL PRIVATE
OR PUBLIC CONSTRUCTION IN THE AREA EASTERLY
OF MORRO ROCK, NORTHERLY OF MORRO BAY,
WESTERLY OF P. G. & E., AND SOUTHERLY OF
MORRO CREEK, WITHOUT MAJORITY VOTE OF ELECTORS,
BE ADOPTED?
That the number of votes given at each precinct and the
number of votes given in the city to each of such persons above
named for the respective offices for which said persons were
candidates and for and against the measure were listed in
"Exhibit A" attached.
SECTION 5. The City Council does declare and determine that:
JACK J. JENNINGS was elected as member of the
City Council of said city for the full term of
four (4) years;
FRED R. DONOH00, SR. was elected as member of
the City Council of said city for the full term
of four (4) years;
That as a result of said election, a majority
of the qualified voters voting on said measure
relating to PROPOSITION A did vote in favor
thereof, and that said proposition was carried,
and shall be deemed adopted and ratified.
SECTION 6. The City Clerk shall enter on the records of the
City Council of said city, a statement of the result of said election,
showing:
(1) The whole number of votes cast in the city;
(2) The names of the persons voted for;
(3) For what office each person was voted for;
(4) The number of votes given at each precinct to
each person; and
(5) The number of votes given in the city to each
person.
SECTION 7. That the City Clerk shall immediately make and, upon
compliance by the persons elected with the provisions of Section
11565 and Section 11568 of the Elections Code of the State of
California, shall deliver to each of such persons so elected a
Certificate of Election signed by him and duly authenticated; that
he shall also administef-to each person elected, the Oath of Office
prescribed in the State Constitution of the State of California
and shall have them subscribe thereto and file the same in his
office. Whereupon, each and all of said persons so elected shall be
RESOLUTION NO.
Page Three
inducted into the respective office to which they have been elected.
SECTION 8. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original Resolutions of said city; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said city, in the minutes of the meeting at
which the same is passed and adopted.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety by the following roll
call vote:
AYES: Councilmen Donohoo, McConaghay, Walters and Mayor Mitchell
NOES: None
ABSENT: Councilman Keiser
ADOPTED: April 18, 1972
DALE C. MITCHELL, Mayor
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RESOLUTION NO. 27-72
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855
T H E C Ii: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't'Use
Permit Agreement" between the City of Morro Bay and the
Morro Bay Fire Fighters I.A.F.F. Local 1855, 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 be and are hereby authorized to sign said Agree-
ment for and on behalf of the City of Morro Bay.
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 Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 10, 1972
DALE C. MITCHE L, Mayor
ATTEST:
;Nt� , .
M. TLE, City Clerk
0 '
RESOLUTION NO. 26-72
RESOLUTION CONTINUING HEARING IN CONNECTION
WITH IMPROVEMENT DISTRICT NO. 6,
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 the hearing on the
Engineer's Report and Assessment, and the consideration of the
bids for the doing of the work, and all matters in connection with
Improvement District No. 6, City of Morro Bay, San Luis Obispo
County, California, originally scheduled for the loth day of
April, 1972, at the hour of 7:30 o'clock P.M., is continued to the
8th day of May, 1972, at the hour of 7:30 o'clock P.M. of said day.
On motion by Councilman Donohoo and seconded by Mayor.;`,..
Mitchell 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 Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 10, 1972
DALE C. MITCHELL, Mayor
ATTEST:
M. J LITTLE, City Clerk
RESOLUTION NO. 25-72
RESOLUTION OF INTENTION TO MAKE CHANGES
IN THE COST OF THE WORK AND
ASSESSMENTS TO BE LEVIED IN
IMPROVEMENT DISTRICT NO. 6,
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, bids for the doing of the work in Improvement District
No. 6, City of Morro Bay, San Luis Obispo County,,California, have
been received, and the low bid is in excess of the Engineer's
Estimate of Cost, both in the matter of the total cost of the work,
and with regard to certain categories of work which affect individual
assessments;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, as follows:
1. That it is the intention of said City Council to make
changes in the Engineer's Estimate of Cost and in the, spread of
the assessment of such costs against the individual properties
benefiting therefrom;
2. That the total cost of the work will be increased by
reason of such changes from the sum of $327,622.66, as previously
set forth in the Engineer's Report dated February 28, 1972, to the
sum of $335,708.74', which amount is set forth in the Amended
Engineer's Report dated April 10, 1972;
3. That inasmuch as the assessment of individual properties
is based upon the benefit to such properties, and the cost of per-
forming the work is reflected in said assessments, it is proposed to
change the assessments proposed to be levied against the properties
in the District; this will result in increases in certain assess-
ments and decreases in others;
4. That notice is hereby given that Monday, the 8th day of
May, 1972, at the hour of 7:30 o'clock P.M. 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,
shall be the time and place when and where said City Council of the
City of Morro Bay will consider and finally determine whether the
said changes in the cost of the work and in the spread of the assess-
ment shall be made; and is also fixed as the time and place when and
where all persons interested therein may be heard in connection with
said changes.
5. Said changes are proposed to be made in accordance with
the provisions of Chapter 4.5, Division 12 of the Streets and High-
ways Code beginning at Section,10350.
-1-
6. The City Clerk of the City of Morro Bay is hereby
authorized and directed to publish this Resolution once with
said publication to be at least ten (10) days prior to the
date herein fixed for hearing; and is further directed to cause
a copy of this Resolution to be mailed to the owners of all of
the properties located within the boundaries of said assessment
district, said notice to be mailed at least twenty (20) days prior
to the date fixed for hearing herein.'.
On motion by Councilman Donohoo'' and seconded by Councilman
McConaghay , 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, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 10, 1972
DALE C.•MITCHELL, Mayor
ATTEST:
M. TITLE, City Clerk
I
-2
a
RESOLUTION NO. 24-72
RESOLUTION DIRECTING ENGINEER OF WORK
TO FILE AN AMENDED ENGINEER'S REPORT
AND AN AMENDED ESTIMATE OF COST IN
IMPROVEMENT DISTRICT NO. 6,
CITY OF MORRO BAY,
SAN LUIS OBISPO COUNTY, CALIFORNIA
T H E C I Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, on the 28th day of February, 1972, the City Council
of the City of Morro Bay, San Luis Obispo County, California, pre-
liminarily adopted the Engineer's Report and Engineer's Estimate
of Cost, filed pursuant to the Resolution of Intention in Improve-
ment District No. 6, 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 he is 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 McConaghay 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 Donohoo,.Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 10, 1972
SALE C. MITCHELL, Mayor
ATTEST:
oa\
M. TL , ity Clerk
RESOLUTION NO. 23-72
RESOLUTION APPROVING GRANT OF USE PERMIT TO
KIWANIS CLUB OF MORRO BAY-ESTERO FOR
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:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay
City Council does hereby approve the aforementioned use
and the Mayor and City Clerk are hereby authorized and
directed to execute a Use Permit Agreement by and between
the City of Morro Bay and the Kiwanis Club of Morro Bay -
Estero, a copy of which is attached hereto.
On motion by Councilman Donohoo and seconded by
Councilman Keiser , 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 Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 27, 1972
ATTEST:
U
� .lM. J. TT E, City Clerk
.. &&&C- S /�YZ 0",
DALE C. MITCHELL, Mayor
RESOLUTION NO. 22-72
RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON THE 11TH DAY OF APRIL, 1972,
TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a regular general municipal election will be held
and conducted in the City of Morro Bay, County of San Luis Obispo,
State of California, on Tuesday, the llth day of April, 1972, as
required by law; and
WHEREAS, the City Council of said city desires the canvass
of said election to be made by the City Clerk of said city:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. That pursuant to Section 22932.5 of the Elections Code
of the State of California, the canvass of the regular
general municipal election to be held in the City of
Morro Bay, County of San Luis Obispo, State of California,
on Tuesday, the llth day of April, 1972, is hereby
ordered to be made by the City Clerk of the City of
Morro Bay.
2. That the City Clerk of said city shall, prior to the
18th day of April, 1972, complete the canvass of the
regular general municipal election to be held in said
city on the llth day of April, 1972, and shall certify
the results to this said City Council on the 18th day of
April, 1972.
3. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in
the book of original Resolutions of said city; and
shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council
of said city, in the minutes of the meeting at which
the same is passed and adopted.
4. That this resolution shall take effect immediately.
On motion by Councilman Walters 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 Donohoo,
NOES: Mayor Mitchell
None
ABSENT: None
ADOPTED: March 27, 1972
ATTEST:
Keiser, McConaghay, Walters and
DALE C. MITCH L Mayor
M. 7. LIyTL , City Clerk
0
RESOLUTION NO. 21-72
RESOLUTION TRANSFERRING LEASEHOLD INTERESTS
IN LEASE SITES NO. 110W, 111W AND 112W AND
LEASE SITES NO. 105.3W, 106W, 107W AND 108W
FROM CARVER AND LINDWALL, A PARTNERSHIP,
TO THE ESTATE OF LAURANCE F. CARVER
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 the attorneys acting
for the estates of Laurance F. Carver and Carl V. Lindwall
to transfer leasehold interest in Lease Sites No. 110W, 111W
and 112W and Lease Sites No. 105.3W, 106W, 107W and 108W to
the estate of Laurance F. Carver; and
WHEREAS, the heirs of Carl V. Lindwall have released
and transferred any interest in these lease sites to the
estate of Laurance F. Carver; and
WHEREAS, it is in the best interests of the City of
Morro Bay that such transfer be affected.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
transfer of leasehold interests in said leases from Carver
and Lindwall, a partnership, to the Estate of Laurance F.
Carver.
On motion by Councilman Donohoo and seconded by
'May -or. -,Mrtchell 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 Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 27, 1972
DALE C. MITCHE L, Mayor
ATTEST:
M. J. L TTLEI City Clerk
RESOLUTION NO. 20-72
RESOLUTION OF THE CITY OF MORRO BAY
SUPPORTING UNITED STATES SENATE BILL 3027
DESIGNATING LOPEZ CANYON AS A WILDERNESS AREA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, California Senators Alan Cranston and John Tunney
have introduced legislation in the U. S. Senate (SB 3027) seeking
the designation of 21,500 acres in Lopez Canyon as a Wilderness
Area; and
WHEREAS, Lopez Canyon is located in the heart of San Luis
Obispo County, just a few miles from the City of Morro Bay; and
WHEREAS, the establishment of a Wilderness Area in Lopez
Canyon would provide opportunities for varied and wholesome forms
of outdoor recreation and enjoyment •for local residents and for
the increasing number of state and national vacationists and other
persons visiting this vicinity each year; and
WHEREAS, there is no other area in this vacationland and
recreation center which has been set aside permanently for main-
taining its primeval condition; and
WHEREAS, preservation of the Lopez Canyon watershed as a Wild-
erness Area will best assure normal water retention and runoff above
Lopez Reservoir, a primary source of water for residents of San
Luis Obispo County; and
WHEREAS, this Council has been asked by the Sierra Club and
other interested citizens to formally support.-SB 3027:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Morro Bay as follows:
1. The City of Morro Bay wholeheartedly supports and
endorses SB 3027 by Senators Alan Cranston and John
Tunney seeking the designation of 21,500 acres in
Lopez Canyon as a Wilderness Area, and promises the
continued support and cooperation of the City in
achieving said designation.
2. The City of Morro Bay urges Congressman Burt L. Talcott
and all other California Congressmen to support this
bill which will provide a centrally located area for
all Californians who desire to spend time in a whole-
some and natural environment.
On motion by Councilman McConaghay and seconded by Councilman
Keiser 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 Keiser, McConaghay, Walters and Mayor Mitchell
NOES: Councilman Donohoo
ABSENT: None
ADOPTED: March 27, 1 M
DALE C. MITCHEL , Mayor
ATTEST:
M. J. LITTLE, City Clerk
RESOLUTION NO. 19-72
RESOLUTION ADOPTING A BUDGET CALENDAR
1972-73 FISCAL YEAR
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 will meet
in regular and special sessions to consider the matter of
adopting a budget for the fiscal year 1972-73 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
Mavor'Mi.tchell , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
by the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 13, 1972
DALE C. MITCHELL, Mayor
nmmrcm.
CITY OF MORRO BAY
BUDGET CALENDAR
19'72'-7'3'FI'SCAL YEAR
Period
April 24 Submit estimates of assessed valuations
and revenues for next fiscal year
April 24 Submit preliminary budget for Council
consideration. Set dates for budget
conferences.
May 8 - May 22 City Council budget conferences
June 12 Public hearing and consideration of budget
June 26 Adopt final budget and appropriation ordinance
June 30 Complete duplication of final budget
July 15-31 Receive certification of assessed valuations
August 14
Adopt tax levy
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.
M � 3
RESOLUTION NO. 18-72
RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES
T H E C I T Y C 0 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 28th day of
February, 1972, adopted plans and specifications for the
improvements and acquisitions to be made in Improvement
District No. 6, City of Morro Bay, San Luis Obispo County,
California:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that said Council has determined
and established the general prevailing rate of per diem
wages for each type of craft or workman needed to execute
or perform the necessary work or improvements in accordance
with the schedule appended hereto; and described, "Schedule
of Per Diem Wage Rates"; and
BE IT FURTHER RESOLVED that said "Schedule of Per Diem
Wage Rates" be, and it is hereby,embodied in the Notice
Inviting Sealed Bids and all contract documents in connection
with said work and improvement hereinabove described.
On motion by Councilman Donohoo and seconded by Mayor::-
rMitchell; , the City Council of the City of Morro Bay hereby
adopts in its entirety the foregoing resolution on the follow-
ing roll call vote:
AYES: Councilmen Donohoo
Mayor Mitchell
NOES: None
ADOPTED: February, 28, 1972
ATTEST:
Keiser, McConaghay, Walters and
DALE HEr -
RESOLUTION NO. 17-72
RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S
REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS,
IMPROVEMENT DISTRICT NO. 6, 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 22nd day of June, 1971, the City Council of
the City of Morro Bay, San Luis Obispo County, California, adopted
its Resolution of Intention for the improvements and acquisitions
in Improvement District No. 6, City of Morro Bay, San Luis Obispo
County, California, and referred said improvements and acquisitions
to GARING, TAYLOR & ASSOCIATES, INC., Engineer of Work for said
assessment district; and
WHEREAS, said City Council directed that said Engineer of
Work make and file with the City Clerk of the City of Morro Bay, a
report in writing in accordance with the provisions and requirements
of the Municipal Improvement Act of 1913 of the State of California;
and
WHEREAS, said Engineer of Work did, on the 28th day of February,
1972, file with the City Clerk of the City of Morro Bay, a report
in accordance with the said resolution, and said City Clerk has
presented the report to this Council for consideration;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, San Luis Obispo County, California, and this
Council hereby finds:
1. That the report made and filed by the Engineer of
Work on the 28th day of February, 1972, contains
all of the requirements provided for said report
by the provisions of the Municipal Improvement Act
of 1913, including (1) specifications; (2) plans
and profiles and estimates of cost; (3) assessment
diagram and assessment; (4) descriptions of ease-
ments and/or rights -of -way to be acquired.
2. That said report, and each and every part :thereof,
is sufficient in every particular, and it is hereby
determined that said report shall stand as the re-
port for all subsequent proceedings under said
Municipal Improvement Act of 1913; and
BE IT FURTHER RESOLVED that Monday, the loth day of April, 1972,
at the hour of 7:30 o'clock p.m. of said day, at the meeting place
of the City Council of the City of Morro Bay,=located in the Morro
Bay Recreation Hall, Shasta Avenue and Dunes Street, Morro Bay,
California, is hereby fixed as the time and place for hearing pro-
tests with relation to the proposed improvements and acquisitions
described in said report; that any person interested in objecting
to said improvements and acquisitions, the grades to which the work
will be done, or has been done, the extent of the assessment district,
the assessment, or the engineer's estimate of cost and expenses, or
any other act or determination of the City Council or the Engineer
of Work of the assessment district may file protest in writing with
the City Clerk of the City of Morro Bay at or before the hour fixed
herein for hearing thereon; and
Resolution No. 17-72
Page Two
BE IT FURTHER RESOLVED that the City Clerk of the City of Morro
Bay be, and he is hereby, directed to publish a Notice of Improve-
ment pursuant to Section 6066 of the Government Code of the State
of California, the first of which said notices to be first published
at least twenty (20) days prior to the date herein set for hearing
of protests; and
BE IT FURTHER RESOLVED that the City Clerk of the City of Morro
Bay be, and he is hereby, further directed to cause Notices of
Improvement to be posted on all of the open streets within the dis-
trict described in the Resolution of Intention at not more than
three hundred feet apart on each street so posted in accordance with
the requirements of Sections 10302 and 10303 of the Municipal Improve-
ment Act,lof 1913; and
BE IT FURTHER RESOLVED that notices of the adoption of the
Resolution of Intention and filing of the Engineer's•Report shall be
mailed, postage prepaid, to all persons owning real property to be
assessed whose names and addresses appear upon the last equalized
assessment roll for taxes, or are known to the City Clerk. Said
notices shall contain the matters required in Section 10307 of the
Municipal Improvement Act of 1913 of the State of California.
BE IT FURTHER RESOLVED that this Council hereby preliminarily
orders that the improvements and acquisitions described in the Reso-
lution of Intention be had and done in accordance with the plans
and specifications and profiles for said work. The plans and speci-
fications with said report are hereby adopted as the plans, profiles
and specifications for`the doing of said work and improvements, and
said Council hereby orders that bids shall be received for the doing
of said work and improvements on the 28th day of March, 1972, at
2:00 o'clock p.m. of said day. Said bids or proposals shall be deliv-
ered on or before 2:00 o'clock p.m. of the 28th day of March, 1972,
at the office of the City Clerk of the City of Morro Bay, 595 Harbor
Street, Morro Bay, California, which said time and place are hereby
fixed as the time and place of a public meeting at which said bids
will be publicly opened, examined and declared by the City Clerk of
the City of Morro Bay. Said bids after being publicly opened, exam-
ined and declared, will be calculated by the Engineer of Work, his
report returned to the City Clerk and the report of the results of
the bidding and the calculations of the Engineer of Work will be
reported to the City Council of the City of Morro Bay.
The City Council reserves the right to reject any and all pro-
posals or bids should it deem this necessary for the public good,
and also the bid of any bidder who has been delinquent or unfaith-
ful in any former contract with the City of Morro Bay.
Resolution No. 17-72
Page Three
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 resolution, on the following roll
call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ADOPTED: February 28, 1972
DALE C. MITCHEL , Mayor
ATTEST:
X.
M. J TTLE, City Clerk
N
RESOLUTION NO. 16-72.
RESOLUTION REQUESTING THE FEDERAL GOVERNMENT
TO CANCEL CURRENT EFFORTS TO SELL PORTIONS
OF CAMP SAN LUIS OBISPO, CALIFORNIA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the General Services Administration of the Federal
Government is currently advertising for open bids for certain
portions of Camp San Luis Obispo; and.
WHEREAS, the cities of San Luis Obispo and Morro Bay have
determined that said land should be preserved for open space
and for public recreational development so as to serve as a
green belt buffer between the two cities; and
WHEREAS, said cities have expended much time and effort
developing the inter -agency communication and cooperation pre-
requisite to a public project of this magnitude, as evidenced
by the attached "Exhibit A"; and
WHEREAS, local governments are diligently attempting to
determine the financial and legal means to preserve and develop
these lands for public use; and
WHEREAS, sale of these lands to private interests would
be inimical to the long term public need to preserve and protect,
for public use, diminishing environmental resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, as follows:
President Richard M. Nixon, Governor Ronald Reagan, U. S.
Senators Alan Cranston and John Tunney, Congressman Burt L.
Talcott, Congressman Charles M. Teague, and the officials of
the General Services Administration are hereby urged and requested
to take all action necessary to rescind current efforts to sell
portions of Camp San Luis Obispo to private interests.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 22, 1972
ATTEST:
M. J LITTLE, City Clerk
Keiser, McConaghay, Walters and
DALE C. MITCHELL, Mayor
ET
January 31, 1972
Honorable Mayor 6 City Council
City Hal_
.�eetir:gs to disc;as a � .-.s co..iucr_r•c) �_. .,., . CrO NCSE_ eared Jy H: ::i.q^ SC?CF, r<• __ _
A.T.Ari Ce =''t t..r Coa= tee r-0 :ec 'preser.ti nv ,��;•�
land at t'e c'st Ca
r= San " --x on 1349 acres G.
Co,:.^,ty's O1ar. for de✓e "'•'" :b isLG, .,..:.y �:vc a_so rer'_•:�'sd .:;e' o,r^:�,r.t of 750 acres for :<..reatior� on an adjacent
yarcel,
' rile Corr..iss-on^., at
Cha co:.clisiOn of -'
a _
�1a a ro- a = eg =0r.ai
.i: meat.ng_, rcach::rt a
fa3r.F Sf.OL'ia
bG' 7Ur5CEi:. C_iaC VJ'Ji.� BGCG':P•355 r e 7;
a�el nC p=G;.OS ad '5i 1 the CGs ty and - a•.'
$2.?C.<. :L vas
a3=ew• G:at a y '•crc.<_ being pro xsec: .,yM1
apP-opr_ato 'and i:Se
=e'Q:Ond] `.•]rT: at t.';aL .00ati O, +'D;I_d uC
aAd VG . a.,
of Sar.• Luis CbisX
-,Id J� bor"i al t'J C%:C @sidrn[- the C
and Horro
k� ,- -.-es
y as Ne,. as the Countu.
`.
dlreC'-On Of
th<_• Son Luis Obispo City
.! Plantino CG. ��ssi or,
Coun.^i:
crew tct,' ar. i! • ='e San
GC
SUC.^ a JZ' tGSaI End
.LJ CG:^:C1 Lt@= CO S:Ud'y t},, f '
t0
' bod-es. :he Ad Hoc
:a•rrt _,_
.ir�i n'js t0 U]e rCS ;Ci ve 1cyi <'la
Were in atten
-, dance:
C=v�•-
tee r.,et on Januery 12, 19. f `
'2. P.ie o11oa_.i,
�rsor:_
Charles C !furdy, Pras., +!;:rro F��y HGtel ssn.
. .:.. a, C,^air-an,
Ward-_n, ESL•Ci_y
ss2L•n
ndC.in.SLatJ:, :;Orro day
.Ved ttp;+JNa7, S:.O CO:Li J
,.Cnalc
:I.
O_ .. , _0--VJ�_c•,,. -..._ � SCOJ'S Gf .i.�;Cr2 Cc'
of ?2:'.i.5 COL'.':.:i 1:CJreaL.`Gn _^.B.^..:., C_C'y' Of $LO
-.C'-.?Jy ."i. :i ;C=.✓i .:, c'a rb0:. 'J:ear Y.o CB.,, 3
..
.,..: E. .� ter CG.:ca_ttee, Ca'rr.;a:: CI-o
SLO
< • ..:>:..7:aJl c.` Md:lOr�J CP::: :.^:.1 �•..•�
.':} _,.:..^.,i:]CC:?�•, ai :_C C::.•.: i:::(:Ac:�i„n�, J:: ::L. ., .. .iq:'Pnd Wl :a
aware U:at ue[o:e the m_:tter can bd pursued fu:tnrr .s necessar': t'hac tn.•re
be assura.-ces that a:e !a,d is aolc _or ;; rt'rC'7z.'C)r.• ru poses a.%d
'Taster plan be prepsrcd for the'entire area under coils lde:atior. .he e:i
would then have :.o be prese.�ted co tn;a - p_
respect_'vo l,ac�s.ative bod_'es :'o:
considerat_'or.. The o!an would '�clude: .. r t.._ir
i :e:a_ie.., ar.. •'scc cn ti rr: nn r each phase of deve'opnen t;. (2) i, -05t eS L'!,,..ar,2 `Or (°U'Jeci:ipment and a CO:i' �'S •: ;::c :E: cor .ra:n:enan;;e; (3' Methoc;s of :inanciny; (S) P_ -opos<:d assessment r_
The Co..^it.ce adc?tad a resol_t:on _•..: Cha.
Bay and San -.uis Ob'spo and
_<• OS _. +: !_SGi•S Of :f:4 Coun:'J
Obis. Co-
tJ ewprc'SS tC U^':'ed Stu tc•S-
:n aC7Cir:.:y` Said proper:u ZOE rc Cr ea C1O.'kl :' DL'r,�75 BS a^^ t0 refl L'eSt t'.c ��`
or sa_d land throe h pub__c acct-On be dc•:a:c-d e__
to a per_:.d o. one year
order to allow fcr the ac7ed azen. or a .^ma_, -ter plan and fu: ther tha: a -..
powers co.^m: t:'ee be %G�-"Ic
created to study ways and nears by ":h oh the nas:=r clan
could be prepared, - -
Sincerely,
Rona;d D. Young, D_rector
?fanning a 3ui7di.-t7 Dept..
RDYreg
so
RESOLUTION NO. 15-72
RESOLUTION OF NECESSITY FOR CONDEMNATION, PROPOSED
IMPROVEMENT DISTRICT NO. 7, 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:
RESOLVED by the City Council of the City of Morro Bay that:
It finds and determines and hereby declares that the public
interest and necessity require the acquisition, construction and
completion by City of a public improvement, namely, construction
of road improvements; and in connection therewith and necessary
therefore, the acquisition of interests in the real property
described in APPENDIX A attached hereto as described therein.
Said proposed public improvement is planned and located in
the manner which will be most compatible with the greatest public
good, and the least private injury.
This City Council whall acquire in the name of City the said
interests in real property by donation, purchase, or by condemna-
tion in accordance with the.provisions for eminent domain in the
Code of Civil Procedure.
Michael T. LeSage, City Attorney for the City of Morro Bay
and Sturgis, Den-Dulk, Douglass & Anderson, Attorneys at Law,
Oakland, California, are hereby authorized and empowered:
To acquire in City's name, by condemnation, the
said interests in real property in accordance with
the provisions for eminent domain in the Code of Civil
Procedure and the Constitution of California;
To prepare and prosecute in City's name such
proceedings in the proper court as are necessary for
such acquisition; and
To apply to said court for an order fixing the
amount and nature of such security as it may direct,
and to deposit such security as so directed, and for
an order permitting City to take immediate possession
and use of said real property or interest therein for
said public uses and purposes.
The said interest in real property are more particularly de-
scribed in APPENDIX A attached hereto and incorporated herein by
reference.
so 00
Resolution No. 15-72
Page Two
On motion by Mayor Mitchell 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: Councilman Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 14, 1972
Keiser, McConaghay, Walters and
ALE C. MITCHELL, Mayor
LEGAL DESCRIPTION
(Portion of Embarcadero)'
Those portions of Lots 1, 2 and 3 of Block 25L, and Lots 2 and 3
of Block 25M, as shown on the map of Atascadero Beach, in the City .
of Morro Bay, County of San Luis Obispo, State of California, as
per map recorded in Book 2 page 15 of Maps, in the office of the ,
County Recorder of said county, described as follows:
Beginning at the northwesterly corner of Lot 3 of said Block 25L,
said point also being the centerline intersection of "C" Street
and 64th Street as shown on said map; thence along the northerly
line of said Block 25L, North 81°12'00" East 50.00 feet to a line
that is parallel with and distant 50.00 feet easterly, measured
at right angles, from said centerline of "C" Street; thence along
said parallel line South 8°48'00" East 168.16 feet to the beginning .
of a tangent curve concave easterly and having a radius of 150.00
feet; thence southerly along said curve through a central angle of
15*23113" a distance of 40.28 feet to the beginning of a compound
curve concave northeasterly and having a radius of 30.00 feet;
thence southeasterly along said last mentioned curve through a
central angle of 74°36'47" a distance of 39.07 feet to the southerly
line of the north half of Lot 2 of said;.Block 25M; thence along said
southerly line, South 81°12'00" West 84.30 feet to said centerline
of "C" Street; thence along said last mentioned centerline, North
8*48100" West 230.00 feet.to the point of beginning...
GSL:yw
2/16/72
APPENDIX A
McIntire ` v or, I1u. JOB NO. DATE
22122 W. Underoo Canyon Re, Westlake Village, Calif. PROJECT
210 • 8N.8841 C:iud Gngintatin9 805-406.8822 ENG'R CHECK BY
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RESOLUTION NO. 14-72
RESOLUTION JOINING THE REGION I' -A LAW ENFORCEMENT
MUTUAL AID PACT AND APPROVING THE REGION I -A
MUTUAL AID OPERATIONAL PLAN
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, as a result of an evaluation and updating of the
State Mutual Aid Plan -it was deemed desireable to divide Mutual
Aid Region I consisting of Los Angeles, Orange, Ventura, Santa
Barbara and San Luis Obispo Counties into two regions for mutual
aid operational purposes; and
WHEREAS, Mutual Aid Region I -A consisting of the Counties
of San Luis Obispo, Santa Barbara and Ventura was designated as
a separate region to function as a separate law enforcement mutual
aid region; and
WHEREAS, it is desirable that each of the local agencies in
Region I -A voluntarily aid and assist each other in the event of
a disaster, by the interchange of services and facilities, including,
but not limited to, fire police, medical and health, communication,
and transportation services and facilities, to cope with problems
of rescue, relief, evacuation, rehabilitation, and reconstruction
which would arise in the event of a disaster; and
WHEREAS, the Region I -A Mutual Aid Operational Plan has been
developed to provide for such mutual aid; and
WHEREAS, it is desirable that a cooperative agreement to be
referred to as the Region I -A Law Enforcement Mutual Aid Pact be
entered into by each local agency agreeing, by resolution, to
membership in the pact for the purpose of implementing such plan.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City of Morro Bay, County of San Luis Obispo,
hereby joins the Region I -A Law Enforcement Mutual
Aid Pact.
2. That the Region I -A Mutual Aid Operation Plan is
hereby approved.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay , the Morro Bay City � Council hereby adopts the
foregoing proposed resolution in its entirety on the following roll
call vote:
AYES: Councilman Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED:
AT/TEST:
M. J.
Keiser, McConaghay, Walters and
February 14, 1972
�W ,a
,� DALE C. MITCHELL, Mayor
40
RESOLUTION NO. 13-72
RULES AND REGULATIONS FOR SECURING AND EXERCISING
EXCEPTIONS TO CHAPTER I TO TITLE XI OF THE
MORRO BAY MUNICIPAL CODE (ANIMAL REGULATIONS)
T H E C I T Y C O U N C I L
City of Morro Bay, California
BE IT RESOLVED, that any person who applies for and is granted
exception from the provisions of Section 11101.15, paragraph (c),
of Chapter I to Title XI of the Morro Bay Municipal Code, as per-
tains to the keeping_- upon any premises within the City,of market
lambs which are raised to be exhibited at livestock shows, shall
comply with the rules and regulations as herein specified.
1. Exceptions shall apply only to a -market lamb which is
raised specifically for exhibition at a livestock show.
2. Only one market lamb shall be raised during any one
sixty (60) consecutive calendar day period.
3. The sixty (60) consecutive calendar day exception period
shall be the sixty (60) consecutive calendar days immediately
preceeding the designated date of showing.
4. Breeding stock is not permitted.
5. A person applying for exception shall provide the city,
in writing, with the following:
a. The name and address of each person responsible
for the care of the market lamb.
b. The location where the lamb is to be confined
and a description of the facilities used to
confine the animal.
C. Inclusive dates during which the lamb will be
kept on the premises.
d. Date, location and name of the livestock show
in which the lamb will be exhibited.
e. A listing of all residents immediately adjacent
to and surrounding the location where the lamb
is to be raised and a certification by the lamb
owner that the neighbors, so defined, individually
and collectively agree to permit the raising of
the animal.
f. A certification by a representative of the
sponsoring organization, if the person or per-
sons desiring to raise a market lamb is a
a member of the Future Farmers of America or
4-H Club, that the project is approved by said
organization and that it will be conducted under
the direct supervision of the sponsoring organi-
zation.
6. Animals shall be -kept in a corral, barn or other enclosure
which shall not be located any closer than twenty-five (25)
Resolution No. 13-72
Page Two
feet to any dwelling other than that of the person or
persons owning or raising the lamb.
a. The premises upon which the lamb is kept shall
be maintained in a neat, clean and orderly
manner so as to avoid any noxious -odors: or
unsanitary conditions. -
7. Permission to raise a market lamb may be immediately
revoked under any one or all of the following conditions:
a. When any one resident located within one hundred
(100) feet of the property lines of the premises
upon which the lamb is located, registers a request
for the removal of said lamb.
b. When the sponsoring organization withdraws sponsor-
ship of the project.
C. When the County Health Officer determines that
the continuation of the project constitutes a
hazard to the public health.
d. When any of the conditions herein specified are
not fully complied with.
On motion by Councilman Donohoo and seconded by Councilman
Keiser , the Morro Bay City Council hereby adopts the foregoing
proposed resolutioh in its entirety on the following roll call vote:
AYES: Councilman Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 14, 1972
ATTEST:
2"" r
M. L LE, City Clerk
Keiser, McConaghay, Walters and
DALE C. MITCHELL, Mayor
RESOLUTION NO. 12-72
RESOLUTION APPROVING ASSIGNMENT OF LEASE
FROM MIKE ST. JOHN AND KATHERINE ST. JOHN TO
RALPH I. GUNTHER AND SHIRLEY J. GUNTHER
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 Mike St. John and
Katherine St. John for permission to assign their leasehold
interest in Lease Sites No. 100, 101, 100W and 101W to
Ralph I. Gunther and Shirley J. Gunther; 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 Mike St. John and Katherine St.
John of their leasehold interest in Lease Sites
No. 100, 101, 100W and 101W to Ralph. I. Gunther
and Shirley J. Gunther; and ,
2. A copy of the Assignment of Lease and Assumption
Agreement is made a part of this resolution;
and
3. This assignment shall become effective upon
receipt by the City of the executed Assignment
of Lease and Assumption Agreement.
On motion by Councilman Walters and seconded by
Councilman McConaghay , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Keiser:, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 14, 1972
. ee- zee�
DALE C. MITCH , Mayor
ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT
MIKE ST. JOHN and KATHERINE ST. JOHN, his wife, hereby assign
to Ralph I. Gunther and Shirley J. Gunther, his wife, all their
right, title and interest in and to that certain lease dated May
1, 1961 by and between the County of San Luis Obispo, a political
subdivision and MIKE ST. JOHN and KATHERINE ST. JOHN concerning
that certain tide and submerged lands lease site known as Lease
Sites No. 100, 101, 100W and 101W; said lease being more particu-
larly delineated as parcel #28 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,
County of San Luis Obispo, California. The term of said lease
was ten years commencing May 1, 1961, and was subsequently amended
by the City of Morro Bay effective May 1, 1971, extending the ter-
mination date to April 30, 1973.
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 conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
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 1972.
MIKE ST. JOHN
WHERINE ST. JOHN
ASSUMPTION AGREEMENT
LEASE SITES NO. 100, 101, 10OW and 101W
Lease executed May 1, 1961
(Mike St. John and Katherine St. John)
RALPH I. GUNTHER and SHIRLEY J. GUNTHER accept the
aforesaid assignment of lease, and hereby agree 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.
Assignees acknowledge the superior title in the
leased premises of the State of California and the City
.of Morro Bay as successor trustee of said land and agree
not to contest said title. Assignee agrees to pay
liquidated damages of Twenty Thousand Dollars ($20,000)
and attorney fees in the event that assignees contest
such title.
RALPH I. GUNTHER
SHIRLEY,J: GUNTHER /
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On d �C'X, before me, the undersigned,
a Notary Public in and for said State, personally
appeared RALPH I. GUNTHER and SHIRLEY J. GUNTHER,
known to me to be the persons whose names are sub-
scribed to the within instrument and acknowledged
that they executed the same.
WITNESS my hand and official seal.
0,7,,,9
Signature
f ELDRIDGE V. JOi7ES
NOTARY PUOLICGCALIF.
d,
PRINCIPAL OFFICE IN
SAN LUIS OBISPD COU117'r
61y Cnmmi't'On Expke. Aug. 7, IM
N
N
RESOLUTION NO. 11-72
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY LIONS CLUB
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that that certain document entitled "Use
Permit Agreement" between the City of Morro Bay and the
Morro Bay Lions Club, 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 be and are hereby authorized to sign said Agree-
ment for and on behalf of the City of Morro Bay.
On motion by Councilman Donohoo and seconded by
Councilman Walters , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 14, 1972
DALE C. MITCHE L,'Mayor
RESOLUTION NO. 10-72
RESOLUTION APPROVING LOW BID
FOR CHLORINE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Paso Robles Seed and Chemical Company has
submitted the low bid for supplying chlorine for the
period February 1, 1972 through January 31, 1973 in
conformance with the bid requirements dated December 17,
1971, Bid No. 1-72:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay
City Council does hereby accept the low bid for chlorine
as submitted by Paso Robles Seed and Chemical Company,
P. O. Box 775, Paso Robles, California.
On motion by Councilman Donohoo and seconded by
Councilman McConaghay , the Morro Bay City Council hereby
adopts in its entirety the foregoing proposed resolution
on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters
and Mayor Mitchell_
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
r
DALE C. MITCHEL , Mayor
ATTEST:
M. LE, City Clerk
M N
RESOLUTION NO. 9-72
RESOLUTION APPROVING LOW BID FOR
GASOLINE AND DIESEL FUEL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Texaco Incorporated has submitted the
low bid for supplying gasoline and diesel fuel for
calendar year 1972 in conformance with the bid require-
ments dated December 15, 1971, Bid No. 2-72:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay
City Council does hereby accept the low bid for gasoline
and diesel fuel as submitted by Texaco Incorporated,
3808 Riverside Drive, Burbank, California.
On motion by Councilman Donohoo and seconded by
Councilman McConaghay , the Morro Bay City Council
hereby adopts in its entirety the foregoing proposed
resolution on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters
and Mayor Mitchel
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
20
DALE C. MIT, Mayor
ATTEST:
M. J-.JLITT , City Clerk
N
N
RESOLUTION NO. 8-72
RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH
TO PREPARE A POPULATION ESTIMATE FOR 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 2107 of the State of California
Streets and Highways Code and Chapter 11005 of the State
of California Revenue and Taxation Code establish procedures
for changing a City's population estimate; and
WHEREAS, population estimatesform•the basis for
apportioning to the City of Morro Bay its share of
certain taxes, especially those from motor fuel and the
vehicle in -lieu property tax funds; and
WHEREAS, the City Council of the City of Morro Bay
desires to secure a current population estimate:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that Malcolm J. Little, City
Clerk, City of Morro Bay, is hereby designated to arrange
with the State of California, Department of Finance for
a population estimate and is authorized to enter into
an agreement with a representative of the State of
California, Department of Finance for securing such
estimate.
On motion by Councilman McConaghay and seconded by
Councilman Walters , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
DALE C. MITCHELL,'Mayor `
ATTEST:
M. LITTLE, City Clerk
N
N
RESOLUTION NO. 7-72
RESOLUTION AUTHORIZING CERTAIN CITY COUNCIL
MEMBERS TO FILE A WRITTEN ARGUMENT
AGAINST A CITY MEASURE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a regular general municipal election is to be held
in the City of Morro Bay on April 11, 1972, at which there will
be submitted to the qualified electors of said City the following
City measure:
SHALL THE ORDINANCE PROHIBITING ALL PRIVATE OR
PUBLIC CONSTRUCTION IN THE AREA EASTERLY OF
MORRO ROCK, NORTHERLY OF MORRO BAY, WESTERLY OF
P. G. & E., AND SOUTHERLY OF MORRO CREEK,
WITHOUT MAJORITY VOTE OF ELECTORS,
BE ADOPTED?
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That this City Council, being the legislative
body of the City of Morro Bay, hereby authorizes
MAYOR DALE C. MITCHELL
of said body, to file a written argument against the City measure
set forth in the recitals hereof in accordance with Article 4,
Chapter 3, Division 4 of the Elections Code of the State of Califor-
nia and to change said argument until and including the date fixed
by the City Clerk after which no arguments for or against said City
measure may be submitted to him.
On motion by Councilman Donohoo and seconded by Councilman
McConaghay, 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, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: January 24, 1972 `
/,%-
DALE C. MITCHELL', ay7 yor
ATTEST:
M. T E, City Clerk
N M
RESOLUTION NO. 6-72
RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
MORRO BAY ON TUESDAY, THE 11TH DAY OF APRIL, 1972
FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR
THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF
A CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING TO
THE PROHIBITION AGAINST ALL PRIVATE AND PUBLIC
CONSTRUCTION IN THE AREA EASTERLY OF MORRO ROCK, NORTHERLY
OF MORRO BAY, WESTERLY OF P. G. & E., AND SOUTHERLY
OF MORRO CREEK, WITHOUT MAJORITY VOTE OF ELECTORS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, under the provisions of the laws relating to general
law cities in the State of California, a regular municipal election
shall be held on the llth day of April, 1972, for the election of
two (2) members of the City Council of said City for the full term
of four (4) years; and
WHEREAS, the City Council of the City of Morro Bay also desires
to submit to the qualified electors of said City at said election
the question], proposition or measure relating to the prohibition
against all private and public construction in the area easterly
of Morro Rock, without majority vote of electors hereinafter set
forth:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of
the State of California relating to General Law Cities within said
State, there shall be, and there is hereby called and ordered, held
in the City of Morro Bay, County of San Luis Obispo, State of Califor-
nia, on Tuesday, the llth day of April, 1972, a regular general
municipal election of the qualified electors of said City for the
purpose of electing two (2) members of the City Council of said City
for the full term of four (4) years.
SECTION 2. That said City Council, pursuant to its right and
authority so to do, does hereby determine that there shall be and
there is hereby ordered submitted to the qualified electors of said
City at said regular general municipal election the following ques-
tion, to wit:
SHALL THE ORDINANCE PROHIBITING ALL PRI-
VATE OR PUBLIC CONSTRUCTION IN THE AREA YES
EASTERLY OF MORRO ROCK, NORTHERLY OF MORRO
i BAY, WESTERLY OF P. G. & E., AND SOUTHERLY
i OF MORRO CREEK, WITHOUT MAJORITY VOTE OF i NO
ELECTORS, BE ADOPTED?.. .. ... i.. i i
A cross (+) placed in the voting square after the word "YES"
in the manner hereinbefore provided shall be counted in favor of the
adoption of the question or proposition. A cross (+) placed in the
voting square after the word "NO" in the manner hereinbefore pro-
vided shall be counted against the adoption of the question or pro-
position.
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.Resolution No. 6-72
Page Two
SECTION 3. That the ballots to be used at said election shall
be, both as to form and matter contained therein, such as may be
required by law to be used thereat.
SECTION 4. That the City Clerk of said City is hereby
authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to pro-
perly and lawfully conduct said election.
SECTION 5. That for the purpose of holding said regular
general municipal election, there shall be and are hereby established
six (6) voting precincts consisting of consolidations of the regular
election precincts in the City of Morro Bay established for the
holding of state and county elections, as said regular election
precincts exist on the date of adoption of this resolution. That
the polling places for the respective precincts shall be the places
hereinafter designated; and that the persons hereinafter named,
being competent and qualified electors and residents of said City
and of their respective voting precincts, are hereby appointed
officers of election for their respective voting precincts and
they shall hold said election and make return thereof in the manner
provided by law.
Resolution No. 6-72
Page Three
Voting Precinct 1, comprising regular election precincts 1,
2, 3, and 4.
Polling Place: Morro Del Mar Elementary School
501 Sequoia
Inspector: Evelyn Whitlock
Judge: Margarite Collier
Judge: Laverne E. Heffner
Judge: Myrtle J. Cain
Voting Precinct 2, comprising regular election precincts
5 and 6.
Polling Place: Fire Station No. 2, 460 Bonita Street
Inspector: Flora Alden
Judge: Louella J. McNair
Judge: Muriel J. Broman
Judge: Margaret E. Casson
Voting Precinct 3, comprising regular election precincts 7,
8 and 9.
Polling Place: Veterans Memorial Building, 209 Surf
Inspector: Louise E. Gannon
Judge: Evelyn A. Brown
Judge: Rita Abruscato
Judge: Merle Miller
Voting Precinct 4, comprising regular election precincts 10,
11 and 12.
Polling Place: Veterans Memorial Building, 209 Surf
Inspector: Beatrice Rettey
Judge: Pearl Bellows
Judge: Harriet Holman
Judge: Shirley Sonne
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Page Four
Voting Precinct 5, comprising regular election precincts 13,
14 and 15.
Polling Place: Morro Bay Recreation Hall
Shasta Avenue and Dunes Street
Inspector: .7. R. Tanner
Judge: Ellen V. Franks
Judge: Elaine Hiatt
Judge: Rosalie E. Campbell
Voting Precinct 6, comprising regular election precincts
16 and 17.
Polling Place: Morro Bay Recreation Hall
Shasta Avenue and Dunes Street
Inspector: Verlie A. Webber
Judge: Winifred Rubin
Judge: Esther Schwarzenbach
Judge: Mary Stasulat
Resolution No. 6-72
Page Five
SECTION 6. That the compensation of the persons hereinbefore
named as election officers is hereby fixed at the sum of Twenty -
Four Dollars ($24.00) for each Inspector and Twenty -Two Dollars
($22.00) for each Judge for said election.
SECTION 7. That the polls for said election shall be open at
seven o'clock a.m. of the day of said election and shall remain open
continuously from said time until seven o'clock p.m. of the same
day when said polls shall be closed, except as provided in Section
14436 of the Elections Code of the State of California.
SECTION 8. That in all particulars not recited in this
resolution, said election shall be held and conducted as provided
by law for holding municipal elections in said City.
SECTION 9. That notice of the time and place of holding said
election is hereby given and the City Clerk is hereby authorized,
instructed and directed to give such further or additional notice
of said election, in time, form and manner as required by law.
SECTION 10. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original resolutions of said City;sand shall make a minute of
the passage and adoption thereof in the records of the proceedings
of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
SECTION 11. That this resolution shall take effect immediately.
On motion by Councilman Mitchell and seconded by Councilman
Donohoo , the City Council of the City of Morro Bay hereby
adopts in its entirety the foregoing proposed resolution on the
following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
DALE C. MITCHEL , Mayor
ATTEST-
M. �TLE, City Clerk
W
RESOLUTION NO. 5-72
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT 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 Cityc,of Morro Bay and the
Morro Bay Art Association, 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
be and are hereby authorized to sign said Agreement for
and on behalf of the City of Morro Bay.
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 Donohoo, Keiser, McConaghay, Walters
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
DALE C. MITCHELL,'mayor
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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
Art Association (hereinafter called PERMITTEE) the right to use, on
the terms and conditions hereinafter set forth, that property of the
City of Morro Bay located within the City limits of the City of Morr
Bay, County of San Luis Obispo, State of California, and described
as that portion of Block 1, Town of Morro, known as Morro Bay City
Park, lying between Morro Bay Boulevard and Harbor Street in the
City of.MOrro Bay (hereinafter called SAID PROPERTY).
1. The right and privilege granted to PERMITTEEE pursuant to
this Use Permit Agreement shall become effective between the hours
of 12:01 a.m. on Saturday, May 27, 1972 and 11:59 p.m. on Monday,
May 29, 1972; and between the hours of 12:01 a.m. on Sunday, July
2, 1972 and 11:59 p.m. on Tuesday, July 4, 1972; and between the
hours of 12:01 a.m. on Saturday, September 2, 1972 and 11:59 p.m. on
Monday, September 4, 1972.
2. PERMITTEE shall use SAID PROPERTY for the purpose of con-
ducting an outdoor arts and crafts show, and for no other purpose.
PERMITTEE may display such exhibits on SAID PROPERTY as PERMITTEE
deems necessary for such purpose, provided however, that all rules,
regulations, resolutions, and ordinances of the City of Morro Bay or
any department thereof, including by way of illustration but not
limitation, fire and safety orders, rules, regulations, or ordinance
Ishall at all times be complied with.
3. Prior to the expiration of this Use Permit Agreement
PER14ITTEE shall remove or cause to be removed, all exhibits and
other facilities constructed or erected on SAID PROPERTY by
PERMITTEE. At the expiration of this Use Permit Agreement, PERMITTE
shall surrender SAID PROPERTY to CITY in as good condition as when
it was originally received by PERMITTEE, reasonable wear excepted.
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4.a This Use Permit Agreement is granted to PERMITTEE upon
the express condition that PERMITTEF, shall keep and hold the CITY
free from all liability, expense, and claim for damages by reason
of any injury or death to any person or persons, including PERMIT
or property of any kind whatsoever and to whomsoever belonging,
including PERMITTEE, from any cause or causes whatsoever during the
term of this Use Permit Agreement or any extension thereof or any
occupancy or use hereunder; PERMITTEE hereby covenanting and
agreeing to indemnify and save CITY harmless from all liability,
(loss, cost, and obligations on account of or arising out of any
(such injuries or losses howsoever occurring.
4.b PERMITTEE agrees to take out and keep in force during the
life hereof, at PERMITTEE'S expense, liability insurance to protect
against any liability to any person or persons, including PERMITTEE,
(resulting from any occurrence in or about or incident to SAID PROPER
And appurtenant areas in the amount of $100,000 to indemnify against
the claim of one (1) person; $300,000 against the claim of two (2)
for more persons; and $50,000 for property damage. Said policies
shall insure the liability of PERMITTEE and the liability, contingen
or otherwise, of CITY and such other persons, firms, or corporations
as may be designated by CITY. If PERMITTEE does not keep such
insurance in full force and effect, this Use Permit Agreement may
be immediately terminated. PERMITTEE shall provide CITY with copies
and certificates of all of said policies including endorsements
(which state that such insurance shall not be cancelled except after
(ten (10) days prior written notice to CITY. Each such policy shall
be approved as to form and insurance company by CITY.
4.c Any insurance policy insuring PERMITTEE against claims,
expense, or liability for injury or death to person or property in
or about SAID PROPERTY shall provide that the insurer shall not
acquire by subrogation any right of recovery which PERMITTEE has
expressly waived in writing prior to the occurrence of the loss.
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PERMITTEE hereby waives any right of recovery against CITY for any
such claim, exp ense, or liability.
5. PERMITTEE shall pay all charges for all utilities,
including by way of illustration and not limitation, electricity,.
gas, water, and telephone which are used on or about SAID PROPERTY
during the term of this Use Permit Agreement.
6. CITY shall have the right to enter upon SAID PROPERTY at
all reasonable hours to examine the same or to make such repairs or
temporary alterations as CITY shall, in its sole discretion, desire.
CITY OF MORRO BAY
i"
Dated: ,C- �' / /Z
ATTEST: z-
J'. LITTLE,
DALE C. MITCHELL, Mayor
MORRO BAY ART ASSOCIATION
BY
lj `_-
TITLE ,, r; %,--... ,.�-✓,>,e: i•?.�_; j-
M
RESOLUTION NO. 4-72
RESOLUTION APPOINTING RIGHT-OF-WAY AGENT AND
AUTHORIZING EXECUTION OF AGREEMENT,
IMPROVEMENT DISTRICT NO. 6, 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 DENNIS A. C. DALLASTON,
an individual doing business as DALLASTON PROPERTY SERVICES be,
and he is hereby appointed as a Contract Right -of -Way Agent for
the doing of all necessary right-of-way acquisition work in pro-
posed Improvement District No. 6, City of Morro Bay, San Luis
Obispo County, California; and
BE IT FURTHER RESOLVED that the employment of the said
DENNIS A. C. DALLASTON shall be as provided in the attached agree-
ment; 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, that certain agreement employing_,the said DENNIS A. C.
DALLASTON as a Contract Right -of -Way Agent for said assessment
district.
On motion by Councilman McConaghay 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 Donohoo, Keiser, McConaghay, Walters and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 24, 1972
ATTEST:
M. J. LITTLE, City Clerk
^-azw �
DALE C. MITCHELL,'Mayor
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3111
3211
AGREEMENT
This agreement made and entered into between the City of
Morro Bay, a municipal corporation (hereinafter called "City")
and Dennis A. C. Dallaston, an individual doing business as
Dallaston Property Services (hereinafter called "Dallaston").
W I T N E S S E T "H
WHEREAS, City has undertaken special assessment district
proceedings which include the acquisition of the necessary rights -
of -way and easements for construction of streets, sewers, driveway
approaches and drainage facilities in an assessment district known
as Improvement District No.'6, City of Morro Bay, San Luis Obispo
County, California; and .
WHEREAS, Dallaston is an experienced and competent right-of-
way agent, and has offered his services for the purposes specified
in this agreement; and
WHEREAS, in the judgment of the City Council of said City, it
is necessary and advisable to employ the services of said right-of-
way agent for the right-of-way acquisitions to be made in Improve-
ment District No. 6, City of Morro Bay, San Luis Obispo County,
California;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. City agrees to employ Dallaston as a Contract Right-of-way
Agent and Dallaston agrees to put his best efforts into negotiating
the necessary rights -of -way and easements for the right-of-way
acquisition within Improvement District No. 6, as shown on the
attached Exhibit A, and in accordance with the provisions herein-
after contained in this agreement.
2. Dallaston agrees to negotiate settlement of all.parcels
(fee or easements) necessary for Improvement District No. 6 which
can be successfully acquired through negotiation, and continue
negotiation efforts and liaison with property owners after condemna-
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Ition proceedings have begun until notified to cease such efforts.
Dallaston agrees to undertake such negotiation upon receipt of
written notice to proceed from the Engineer of Work.
3. A list of all parcels to be acquired under condemnation
shall be submitted by Dallaston within five (5) days following
written request therefore from the Engineer of Work. This list of
parcels to be acquired under condemnation shall include the name
and address of all owners, lessee(s) or other person(s) known to
have an interest in the parcel.
4. Dallaston agrees to undertake right-of-way acquisition
(work (negotiations) and charge the following fee:
One Hundred Fifty Dollars ($150.00) per day.
Total compensation paid for such service shall not excees Six
(Thousand Dollars ($6,000.00).
5. Dallaston agrees to hold the executed easement deeds
luntil City is ready to accept them.
6. Dallaston agrees to perform such additional services as
may be necessary in connection with actions in eminent domain at the
same daily rate of compensation set forth in Paragraph 5 of this
Agreement, provided, however, that the Six Thousand Dollar ($6,000.0()
limitation shall not be applicable to such additional work.
7. It is understood and agreed by the parties hereto that
City is obligated to pay the compensation set forth in Paragraph 4
of this Agreement solely out of the proceeds of assessments coll
and bonds sold in said Improvement District No. 6. In the event
said assessment district proceedings are not carried through to con-
clusion, or shall be abandoned, this Agreement shall be terminated
and Dallaston shall receive compensation for services performed in
an amount which shall not in any event exceed Three Thousand Dollars
($3,000.00).
IN WITNESS WHEREOF, the City has caused its corporate name to
Ibe affixed hereto by the Mayor, attested by the City Clerk thereof,
1 and Dallaston has hereunto set his hand this ;�/�% dax of,
2 1972.
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] M ✓ LITTLE, City Clerk
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CITY OF MORRO BAY
DALE C . MITCHELL ,` Mayor _. "k
DALLASTON PROPERTY SERVICES
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RESOLUTION N0. 3-72
RESOLUTION REQUESTING PACIFIC INDEMNITY COMPANY
AS CARRIER AND DESIGNATING MORRO BAY
INSURANCE CENTER AS AGENT OF RECORD FOR
SHORT-TERM INSURANCE COVERAGE
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 requested proposals for
comprehensive bodily injury and property damage insurance
coverage for the period January 15, 1972 through January 15,
1975; and
WHEREAS, Pacific Indemnity Company has been the carrier
for the City of Morro Bay insurance coverage expiring January
15, 1972; and
WHEREAS, the City of Morro Bay is in receipt of corres-
ponsence from Coast Counties Insurance dated December 30,
1971, informing the City of Morro Bay that Pacific Indemnity
was, for reasons beyond the control of the City of Morro Bay,
unwilling to submit a proposal through Coast Counties Insur-
ance; and
WHEREAS, the proposals which were submitted to the City
of Morro Bay are not fully satisfactory; and
WHEREAS, it is in the public interest to secure insur-
ance coverage responsive to the needs of the City of Morro
Bay; and
WHEREAS, present comprehensive bodily injury and property
damage insurance coverage expires at midnight, January 15,
1972; and
WHEREAS, it is in the public interest to secure forty-
five days short-term coverage to provide time to explore
other sources of insurance and to fully and equitably evalu-
ate all proposals for: -insurance -coverage fbr the period Janu-
ary 15, 1972 through January 15, 1975.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay as follows:
1. Pacific Indemnity Company is hereby requested
to be carrier for a forty-five day comprehen-
sive bodily injury and property damage insurance
policy to include all specifications and con-
ditions as for the policy presently in -force;
and
2. The Morro Bay Insurance Center is hereby de-
signated as the Agent of Record to secure
from Pacific Indemnity Company the forty-
five day insurance coverage, beginning at
midnight January 15, 1972, and to include all
specifications and conditions as contained
in the current Pacific Indemnity insurance
policy covering the City of Morro Bay.
04 •4P
Resolution No. 3-72
Page Two
On motion by Councilman Donohoo and seconded by
Councilman Walters , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety on the
following roll call vote:
AYES: Councilmen Donohoo,
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 10, 1972
ATTEST:
A
M. LE, City Clerk
Keiser, McConaghay, Walters
DALE C. MITCHE E, Mayor
RESOLUTION NO. 2-72
RESOLUTION REQUESTING PACIFIC INDEMNITY COMPANY
AS CARRIER AND DESIGNATION OF MORRO BAY
INSURANCE CENTER AS AGENT OF RECORD FOR SUBMITTING
A PROPOSAL FOR INSURANCE COVERAGE
FOR A THREE YEAR TERM
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 desires to secure appropriate
insurance coverage for the period January 15, 1972 through January
15, 1975; and
WHEREAS, specifications and conditions outlinifig the required
insurance coverages were submitted to diverse and various insur-
ance agents and brokers; and
WHEREAS, Pacific Indemnity Company is the present carrier
of insurance for the City of Morro Bay and is experienced in
underwriting municipal insurance; and
WHEREAS, the City of Morro Bay did not receive, for reasons
beyond the control of the City of Morro Bay, a proposal from the
Pacific Indemnity Company or from an agent representing Pacific
Indemnity Company in response to a request to do so; and
WHEREAS, Pacific Indemnity Company is now represented by
Morro Bay Insurance Center as agent; and
WHEREAS, it is in the p..ublic interest to explore all avenues
in securing insurance coverage responsive tb,the needs of the
City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. Morro Bay Insurance Center is hereby designated as
Agent of Record to submit a proposal for insurance
coverages for -the City of Morro Bay in accordance
with the specifications and conditions established
by the City of Morro Bay per specifications dated
November 30, 1971.
2. Pacific Indemnity Company, as carrier, is requested
to submit a proposal, through Morro Bay Insurance
Center, for insurance coverages per City of Morro
Bay specifications and conditions dated November
30, 1971.
On motion by Councilman Donohoo, and seconded by 'Mayor -
Mitchell , the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Donohoo, Keiser, McConaghay, Walters and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 10, 1972
ATTEST: DALE C. MITCHELL; Mayor
M. t3 LITTLE, City Clerk
of N
RESOLUTION NO. 1-72
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN LUIS OBISPO TO PERMIT THE
COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED
SERVICES TO THE CITY OF MORRO BAY, RELATING TO
THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON APRIL 11, 1972
T H E C I T Y C O'U N C I L
City of Morro Bay, California
WHEREAS, a General Municipal Election is to be held in the
City of Morro Bay on April 11, 1972; and
WHEREAS, in the course of conduct of said election and in
relation thereto it will be necessary to mail sample ballots and
polling place cards to the registered voters of the City, and it
will facilitate such mailing if the County Clerk of the County of
San Luis Obispo will prepare and furnish the City the imprinting
of the names and addresses of the registered voters of said City
on envelopes furnished by the City; and
WHEREAS, all necessary expense in performing this'service
shall be paid by the City of Morro Bay;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That pursuant to the provisions of Section 22003 of
the Elections Code of the State of California, this
City Council hereby requests the Board of Supervisors
of said County to permit the County Clerk to prepare
and furnish to said City, for use in conducting said
election to be held on April 11, 1972, the imprinting
of the names and addresses of the registered voters
of said City, on envelopes furnished by the City.
2. That said City shall reimburse said County for services
performed when the work is completed and upon presenta-
tion to the City of a properly approved bill.
3. That the City Clerk is hereby directed to forward
without delay to said Board of Supervisors and to
said County Clerk each a certified copy of this
resolution.
On motion by Councilman McConaghay and seconded by Councilman
Walters , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Donohoo,
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 10, 1972
ATTEST:
M. LITTLE, City Clerk
Keiser, McConaghay, Walters and
ALE C. MITCHELL,'Mayor