HomeMy WebLinkAboutResoultion 01-74 to 82-741974'RESOLUTIONS INDEX
RES. NO.
TITLE
DATE ADOPTED
70-74
RESOLUTION APPROVING GRANT OF USE PERMIT
-
AGREEMENT TO MORRO BAY - CHAMBER OF COMMERCE
10-14-74
71-74
RESOLUTION GRANTING A USE PERMIT TO THE MORRO
-
BAY LIONS CLUB TO CONDUCT A STREET PARADE
10-14-74
72-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY REQUESTING THE STATE -DEPARTMENT
OF TRANSPORTATION AND THE FEDERAL HIGHWAY
ADMINISTRATION TO APPROVE THE URBAN AREA
BOUNDARY AND THE FEDERAL -AID URBAN STREET
SYSTEM FOR THE MORRO BAY URBAN AREA
10-14-74
73-74
RESOLUTION APPROVING GRANT OF LEASE TO SAN
LUIS OBISPO COUNTY AIR POLLUTION CONTROL
DISTRICT
10-29-74
74-74
RESOLUTION ACCEPTING RECOMMENDATION�OF THE
CI-TY PLANNING COMMISSION AND ADOPTING THE
SEISMIC SAFETY ELEMENT OF THE CITY.GENERAL
PLAN
10-29-74
75-74
RESOLUTION GRANTING A USE PERMIT TO MORRO BAY
CHAMBER OF COMMERCE TO CONDUCT ANNUAII.GIB-
RALTAR OF THE PACIFIC FESTIVI�Y PARADE
10-29-74
76-74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE
OF COMPLETION FOR CONSTRUCTION AND INSTAL-
LATION OF JOB NO. PW 74-007-36 CONSTRUCTION
OF WATER MAIN ON ZANZIBAR STREET, YERBA
BUENA STREET A14D BEACHCOMBER DRIVE IN THE
CITY OF MORRO BAY, CALIFORNIA
11-25-74
77-74
RESOLUTION APPROVING "LEASE SITE MAP" FOR
THE CITY OF MORRO BAY
12-09-74
78-74
RESOLUTION CONFIRMING CANVASS OF SPECIAL
MUNICIPAL ELECTION
12-23-74
79-74
RESOLUTION RESCINDING RESOLUTION NO. 55-74
APPROVING ASSIGNMENT OF LEASE SITE'NO. 18
FROM GEORGE F. BAIER AND RONALD F..MYERS-TO
ZEKE'S WHARF
12-23-74
80-74
RESOLUTION ACCEPTING:WORK AND GIVING NOTICE
OF COMPLETION FOR CONSTRUCTION AND INSTALLATION
OF JOB NO. PW74-026-33 STREET RESURFACING
PROJECT
12-23-74
81-74
RESOLUTION ACCEPTING EASEMENT FROM DAVID P.
VIENNA AND FRANCES T. VIENNA, HUSBAND AND
WIFE, AND DIRECTING RECORDATION
12-23-74
82-74
RESOLUTION AMENDING UNIFORM PROCEDURES FOR
WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE
ACCOUNTS AND RESCINDING RESOLUTION NO. 25'-'68
12--:23-�74
INDEX
RES. NO. TETLE. �DATE,ADOPTED
57-74 RESOLUTION'REQUESTING THE BOARD OF SUPER-,
VISORS OF THE COUNTY'.OF,SAN LUT,,P,OBISPO
TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION
OF THE CITY -OF MORRO BAY'TO BE HELD ON
NOVEMBER S. 1934?-WITH THE,STATEWIDE
GENERAL ELECTION TO BE HELD ON NOVEMBER 5,
1974, PURSUANT TO SECTION 23303 OF THE
ELECTIONS'CODE 8-12774
58-74 RESOLUTION AMENDING RESOLUTION No. 487-74
WHICH ADOPTS A. POSITIONS CLASSIFICATIONS AND
SALARY SCHEDULEr DESCRIBES METHODS OF AD-7
VANCEMENT AND REPEALING PREVIOUS' SALARY.
RESOLUTIONS 8-,12774
59-74 RESOLUTION APPROVING PRIORITY PLAN FOR
EXPENDITURES UNDER PROVISIONS OF THE STATE.
BEACH, PARK, RECREATION, AND HISTORICAL
FACILITIES BOND ACT OF 1974 8-12774
60-74 RESOLUTION SETTING THE TAX RATES AND APPOR-,
TIONS FOR THE FISCAL YEAR 1974775 8_112�74
61-74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES
FOR WEED ABATEMENT BE FORWARDED TO THE
COUNTYAUDITOR FOR INCLUSION ON THE 1974775
TAX ROLLS 8�12-_74
62-,74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES
TOR VEHICLE ABATEMENT BE FORWARDkD'TO THE
COUNTY -AUDITOR FOR, INCLUSION ON THE la74775
TAX ROLLS 8�12�74
63-74 RESOLUTION APPROVING AGREEMENT BETWEEN THE
CITY OF MORRO BAY AND THE STATE OF CALIFORNIA
DEPARTMENT OF HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT PARTICIPATION 8-26-74
64-74 RESOLUTION ASKING THE LEAGUE OF CALIFORNIA
CITIES TO SUPPORT LEGISLATION PROVIDING DUAL
CITY -COUNTY CONTROL OF THE UNINCORPORATED
AREAS SURROUNDING CITIES 8-26-74
65-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE 9-23-74
66-74 RESOLUTION AUTHORIZING THE COUNTY OF SAN
LUIS OBISPO TO PROVIDE ANIMAL REGULATION
CONTROL SERVICES FOR THE CITY OF MORRO BAY 10-14-74
67-74 RESOLUTION DELEGATING AUTHORITY TO DETERMINE
DISABILITY FOR RETIREMENT PURPOSES -TO THE
CITY ADMINISTRATOR . 1 1 10-14-74
68-74 RESOLUTION APPROVING SUBLEASE ON'PORTION
LEASE SITES NO. 134-137 1 (CRILL) 10-14�74
69-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY.CHAMBER OF COMMERCE 10-14-74
1974 RESOLUTIONS - INDEX
RES. NO.
TITLE,
DATE ADOPTED
43-74
RESOLUTION APPROVING AND ADOPTING A BUDGET
FOR THE FISCAL YEAR 1974-75
6-24-74
44-74
RESOLUTION ACCEPTING TAX -DEEDED PROPERTY
1,
AND CONSENTING TO RECORDATION
6-24-74
45-74
RESOLUTION AMENDING PROCEDURES AND GUIDE-
LINES GOVERNING THE ENVIRONMENTAL IMPACT
REPORTS
6-24-74
46-74
RESOLUTION APPROVING GRIEVANCE PROCEDURES
FOR THE EMPLOYEES OF THE CITY OF MORRO BAY
6-24-74
47-74
RESOLUTION APPROVING UNITED STATES COAST
GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD
JULY 1, 1974 THROUGH JUNE 30, 1975
6-24-74
48-74
RESOLUTION ADOPTING A POSITIONS CLASS-
IFICATIONS AND SALARY SCHEDULE, DESCRIBING
METHODS OF ADVANCEMENT AND REPEALING PREVIOUS
SALARY RESOLUTIONS
7-08-74
49-74
RESOLUTION APPROVING AGREEMENT WITH SAN LUIS
OBISPO COUNTY HOTLINE, INC.
7-22-74
50-74
RESOLUTION CONFIRMING CANVASS OF SPECIAL
MUNICIPAL BOND ELECTION
7-22-74
51-74
RESOLUTION APPROVING AGREEMENT WITH MORRO BAY
I
CHAMBER OF COMMERCE FISCAL YEAR 1974-75
7-22-74
52774
RESOLUTION REQUESTING GENERAL PLAN ELEMENT
TIME EXTENSIONS
7-22-74
53-74
RESOLUTION CALLING FOR A CONTRACT WITH THE
CALIFORNIA HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT PARTICIPATION
7-22-74
54-74
RESOLUTION ACCEPTING DEED FROM W. STUART
POTTER AND THELMA J. POTTER, HUSBAND AND
WIFE, AND AUTHORIZING RECORDATION
7-22-74
55-74
RESOLUTION APPROVING ASSIGNMENT OF LEASE
SITE NO, 18 FROM GEORGE F; BAIER, AND RONALD
L. MYERS TO ZEKEkS WHARF
Br12774
56-74
A RESOLUTION OF THE ClTY COUNCIL OF THE CITY -
OF MORRO BAY, CALIFORNIA, CALLING AND GZVTNG
NOTICE OF THE HOLDING OF'A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CTTY'ON TUESDAY,
THE 5TH DAY -OF NOVEMBER?- 1974, FOR THE,SUB-,'
MISSION TO THE QUALIFIED ElzuTuRb OF SAID
CITY CERTAIN MEASURES RELATING TO ELE.6TION
AND TERM OF OFFICE OF THE MAYOR AND CqNSOL7
IDATING SAID ELECTTqN WTTH, THE -'S�T�A,TE� 6
� WT-DE
GENERAL ELECTION TO BE -HELD ON'�SAID DPTE,
8�12774
1974 RESOLUTIONS INDEX
RES. NO. TITLE DATE ADOPTED
29-74 RESOLUTION AUTHORIZING ACCEPTANCE OF "AGREE-
MENT AND GRANT OF EASEMENT" WITH THE STATE
OF CALIFORNIA, DEPARTMENT OF PARKS AND
RECREATION FOR AN ADDITIONAL KINGS AVENUE
WATER STORAGE TANK 4-08-74
30-74 RESOLUTION ADOPTING RULES, REGULATIONS, AND
FEES FOR THE MOORING OF VESSELS AT PIERS,
DOCKS, AND OFF -SHORE MOORINGS WITHIN THE
CORPORATE LIMITS OF THE CITY OF MORRO BAY 4-22-74
31-74 RESOLUTION APPROVING A LEASE BETWEEN THE
CITY OF MORRO BAY AND THE STATE OF CALIFORNIA
FOR BERTHING AND PARKING SPACE 4-22-74
32-74 RESOLUTION APPROVING CONTRACT OF SALE OF
REAL PROPERTY:F'- ACCEPTING DEED FROM HENRY 0.
BENDER AND AUTHORIZING RECORDATIO14 4-22-74
33-74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES
GOVERNING THE ENVIRONMENTAL IMPACT REPORTS 5-13-74
34-74 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM'
CONTINENTAL HOSTS, INC. TO GOLDEN TEE MOTEL,
INC. 5-13-74
35-74 RESOLUTION APPROVING A COOPERATIVE PROCESS
FOR DETERMINING PROJECT PRIORITIES FOR
FEDERAL AID URBAN FUNDING 5-13-74
36-74 RESOLUTION APPROVING SUBMISSION OF CITY OF
MORRO BAY ANNUAL TRANSPORTATION CLAIM
PURSUANT TO THE STATE OF CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT OF 1971 5-13-74
37-74 RESOLUTION AMENDING RESOLUTION NO. 34-74
APPROVING ASSIGNMENT OF LEASE FROM CON-
TINENTAL HOSTS, INC., TO GOLDEN TEE MOTEL,
INC. 5-28-74
38-74 RESOLUTION APPROVING SUBMISSION OF REVISED
CITY OF MORRO BAY ANNUAL TRANSPORTATION
CLAIM PURSUANT TO THE STATE OF CALIFORNIA -
TRANSPORTATION DEVELOPMENT ACT OF 1971 5-28-74
39-74 RESOLUTION APPROVING CHANGING NAME OF
TENANT ON LEASE - LEASE SITE NO. 50 & 5OW 5-28-74
40-74 RESOLUTION APPROVING THE RENEWAL OF UNITED
STATES COAST GUARD LEASE #DPT-CG12-4020
FOR THE PERIOD JULY 1, 1974 THROUGH JUNE
30, 1975 6-10-74
41-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT 115 TO MORRO DUNES TRAILER PARK
AND CAMPGROUND, INC. 6-10-74
42-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT 120 TO MORRO DUNES TRAILER PARK
AND CAMPGROUND, INC. 6-10-74
46
1974 RESOLUTIONS '- INDEX
RES. NO. TITLE -DATE ADOPTED
17-74 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA, ORDERING
THE CANVASS OF THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON THE 5TH DAY OF
MARCH, 1974, TO BE MADE BY THE CITY CLERK
OF THE CITY OF MORRO BAY 2-25-74
18-74 RESOLUTION DETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY DE14AND THE ACQUISITION,
CONSTRUCTION AND COMPLETION BY THE CITY OF
MORRO BAY OF THE FOLLOWING MUNICIPAL IM-
PROVEMENT, TO WIT: WASTEWATER RECLAMATION
FACILITIES: AND THAT THE COST OF SAID MUN-
ICIPAL IMPROVEMENT WILL REQUIRE AN EX-
PENDITURE GREATER THAN THE AMOUNT ALLOWED
THEREFOR BY THE ANNUAL TAX LEVY 2-25-74
19-74 RESOLUTION APPROVING GRANT OF USE PERMIT TO
KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER
SUNRISE SERVICES 2-25-74
20-74 RESOLUTION APPROVING GRANT OF:USE PERMIT TO
MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855 2-25-74
21-74 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF SAN LUIS OBISPO COUNTY TO PROVIDE FOR THE
CONSOLIDATION OF A SPECIAL MUNICIPAL BOND
ELECTION WITH THE STATE OF CALIFORNIA DIRECT
PRIMARY ELECTION TO BE HELD ON JUNE 4, 1974 3-11-74
22-74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES
GOVERNING ENVIRONMENTAL IMPACT REPORTS 3-11-74
23-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO THE MORRO BAY CHAMBER OF
COMMERCE 3-11-74
24-74 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 5TH DAY OF MARCH, 1974, AND
DECLARING THE RESULT THEREOF AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW 3-12-74
25-74
RESOLUTION PROHIBITING PARKING ON PORTIONS OF
CERTAIN STREETS WITHIN THE CITY OF MORRO BAY
- IMPROVEMENT DISTRICT NO-6
3-25-74
26-74
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 71,72,71W & 72W FROM LORENZO DAVIS AND
VIOLET DAVIS TO JOHN J. KIRTH AND GISELA G.
KIRTH
3-25-74
27-74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR CONSTRUCTION AND INSTALLATION
OF POLICE STATION REMODELING IMPROVEMENTS
3-25-74
28-74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR CONSTRUCTION AND INSTALLATION
OF FLOATS, RAMPS AND PILING IN THE CITY OF
MORRO BAY
4-08-74
1974 RESOLUTIONS INDEX
RES. NO. TITLE- DATE ADOPTED
1-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE
OF COMPLETION FOR APPLICATION OF BITUMINOUS
SEAL COAT ON VARIOUS CITY STREETS (SELECT
SYSTEM PROJECT NO. 54) 1-14-74
2-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE
OF COMPLETION FOR TRICKLING FILTER MOD-
IFICATIONS 1-14-74
3-74 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY ART ASSOCIATION 1-14-74
4-74 RESOLUTION SETTING DATE AND TIME FOR PUBLIC
HEARING ON ADOPTION OF OPEN SPACE AND CON-
SERVATION ELEMENT TO THE COMPREHENSIVE
GENERAL PLAN 1-14-74
5-74
RESOLUTION OF INTENTION TO ABANDON PORTIONS
OF CERTAIN CITY STREETS AND SETTING DATE
FOR HEARING
1-14-74
6-74
RESOLUTION APPROVING BID FOR ANNUAL CHLORINE
PURCHASE
1-14-74
7-74
RESOLUTION SUPPORTING ASSEMBLY BILL #594 OF
THE CALIFORNIA LEGISLATURE FOR,THE 1973-74
REGULAR SESSION AND ANY OTHER SIMILAR LEG-
ISLATION RELATING TO BEVERAGE CONTAINERS
(FAILED)
-------
8-74
RESOLUTION OF INTENTION TO PURCHASE TAX
DEEDED PROPERTY AND AGREEMENT TO PURCHASE
1-14-74
9-74
RESOLUTION APPROVING LOW BID FOR AN ELECT-
RONIC ACCOUNTING SYSTEM
1-28-74
10-74
RESOLUTION AMENDING RESOLUTION NO. 48-73 TO.
DELETE REFERENCE TOTHE SOUTH BAY FIRE
DEPARTMENT
1-28-74
11-74
RESOLUTION IDENTIFYING THE BUILDING PERMIT
SYSTEM AND REVIEW PROCEDURE WITH REGARD TO
MUDSLIDE -PRONE AREAS
1-28-74
12-74
RESOLUTION REQUESTING �HE BOARD OF SUPER-
VISORS TO ESTABLISH A ZONE OF THE SAN LUIS
OBISPO COUNTY FLOOD CONTROL AND WATER CON-
SERVATION DISTRICT FOR THE IMPLEMENTATION
OF THE NACIMIENTO WATER PROJECT AND REQUEST-
ING THAT THE CITY OF MORRO BAY BE INCLUDED
IN SAID ZONE
2-11-74
13-74
RESOLUTION ADOPTING A BUDGET CALENDAR 1974-75
FISCAL YEAR
2-
74
14-74
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO THE COMMITTEE TO ELECT ROBERT
DUNN AND THE COMMITTEE TO ELECT GENE SHELTON
2-f,1-74
15-74
RESOLUTION AWARDING FIRE AND ALLIED PERILS
INSURANCE COVERAGE
2 -11-74
16-74
RESOLUTION ACCEPTING RECOMMENDATION OF THE
CITY PLANNING COMMISSION AND ADOPTING THE OPEN
SPACE AND CONSERVATION ELEMENT OF THE CITY
GENER ; AL , PLAN
2-25-74
RESOLUTION NO. 82-74
RESOLUTION AMENDING UNIFORM PROCEDURES FOR
WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE ACCOUNTS
AND RESCINDING RESOLUTION NO. 25-68
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WkEREAS, the �ity'of Morro Bay has established a General
Fund Account, a Harbor Trust Account, and inactive accountsffor
deposit of funds; and
WHEREAS, certai� other accounts were previously established
by resolution and are no longer required; and
I
WHEREAS, the City of Morro Bay desires to establish a uniform
procedure for withdrawal of funds from active and inactive accounts.
NOW, THEREFORE, BE IT RESOLVED, that all checks, warrants,
and/or withdrawal slips for the withdrawal of funds from all active
and inactive accounts for.and on behalf, of the City of Morro Bay
shall be signed as follows:
1. Facsimile signature of the Mayor, countersigned by the City
Clerk or City Treasurer; or
2. Written signature of the Mayor, countersigned by the City
Clerk or City Treasurer; or
3. Written signature of the Mayor Pro-Tempore countersigned
by the City Clerk or City Treasurer.
BE IT FURTHER RESOLVED that Resolution No. 25-68 is hereby
rescinded.
On motion by CcMay61!��Donohoo and seconded by Council-
man Brown I 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: December 23, 1974
FRED R. DONOHOO, Mayor
ATTEST:
M. I;' WARDEN, City Clerk
0 9
RESOLUTION NO. 81-74
,RESOLUTION ACCEPTING EASEMENT FROM
DAVID P. VIENNA AND FRANCES T. VIENNA, HUSBAND AND WIFE,
AND DIRECTING RECORDATION
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
Thb�'-1611owing resolution is hereby proposed:
I i
RESOLVED that thdt :certain easement by and between David
P. Vienna and Frances-T. Vienna, husband and wife, grantors and
the City of Morro Bay,'California, as grantee*granting to the
City an easement for the right to construct, maintain, operate
and use, water and sewer lines under and across the'northerly
five (5) feet of -the Southeast half of Lot 2, in Block 11-D of
Atascadero Beach, in the City of Morro Bay, California as per
map thereof recorded July 2, 1917 in Book 2 page 15 et seq., of
Maps, 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 (Kayq.r,.j--,j.-,
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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
I
ADOPTED: December 23, 1974
FRED R. DONOHOO, mayor
ATTEST:
M' L. WARDEN, City Clerk
4
.C�
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVE14 by the undersigned City Clerk
of the City of Mor ro Bay, San Luis Obispo County, California,
that the work of construction and installation of a street,
resurfacing- project in the City of Morro Bay, California,
(job No. PW74-026-33), has been completed by L. D. Folsom,
Inc. and that said work was accepted as completed on
December 23, 1974, by the Morro Bay City Council by the
adoption of Resolution No. 8.0-74 dated December 23, 1974.
M. Z..WARDEN, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he !.s the City Clerk of the City of Morro Bay,
San Luis Obispo County, California; that he.has read the
foregoing notice and knows the contents thereof; that the
same is true of his own knowledge.
,I declare the foregoing to be true under penalty of
perjury.
Executed at Morro Bay, California, this 26th day
of December, 1974.
CERTIFICATION OF COMPLETION
..The undersigned hereby certifies that the work of Street
Resurfacing, Job No. PW74-026-33, by L. D. Folsom, has been
inspected and found to comply with the approved plans and
specifications.
It.is therefore recommended that the work be accepted as
completed by the Morro*Bay City Council, and that the City
Clerk be authorized to file a Notice of Completion..
Dated: -/21� c., �7 A?
'-GEORGVE. CHRISSAKIS.
City iEngineer
0 0
RESOLUTION NO. 80-74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW74-026-33
STREET RESURFACING PROJECT
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on October 14, 1974,
award a contract for Job No. PW-74-026-33,' Stredt.Regurfacing
Project, to L. D. Folsom', Inc., Box 556, Coalinga, California; and
WHEREAS, the City Engineer has certified that said work has
been completed in accordance with*the provisions of the contract.
NOW, THEREFORE, BE IT RESOLVED that said work is accepted
as completed on the*9th day of December, 1974, and the City Clerk
is hereby directed to file a notice of completion in the office
of the recorder of the County of San Luis Obispo.
On motion by Councilman tJennings and seconded by Councilman
Brown - , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None .1 1
ABSENT: None
ADOPTED: December 23, 1974
FRED R.' DONOHOO, Mayor
ATTEST:
. ft� llelc�- - . -
M: Af. WARDEN, City Clerk
0
RESOLUTION NO. 79-74
RESOLUTION RESCINDING RESOLUTION NO. 55-74
APPROVING ASSIGNMENT OF LEASE SITE NO. 18 FROM
GEORGE F. BAIER AND RONALD F. MYERS TO ZEKE'S WHARF
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the City Council did, on August 12, 1974, approve
Resolution No. 55-74 approving assignment of Lease Site No. 18
from George F. Baier and Ronald L.'Myers to Zeke's Wharf, a
partnership composed of George F. Baier IV, Emil J. Stober,
George F. Baier III, and William H. BAier; and
WHEREAS, the City of Morro Bay has received notice*from
the parties involved that they wish this request for transfer
withdrawn.
NOW, THEREFOREj BE IT RESOLVED, that the City Council of -
the City of Morro.Bay does hereby rescind Resolution No. 55-74,
and I .
BE IT FURTHER RESOLVED, that George F. Baier and Ronald L.
Myers are hereby reinstated as leaseholders of Lease Site No. 18.
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: December 23, 1974
FRED R. UUNOHOO, Mayor
ATTEST:
M-�J,. WARDEN, City Clerk
0 RESOLUTION NO. 78-74
RESOLUTION CONFIRMING CANVASS
OF SPECIAL MUNICIPAL ELECTION
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Board of Supervisors of San Luis Obispo County
has duly canvassed or caused to be canvassed the votes cast in
the City of Morro Bay by the voters of the City upon the measure
hereinafter set forth at the special municipal election consoli-
dated with the State of California General Election held on
November 5, 1974, and has certified to this City Council the
result of the votes cast at said election upon said measure, which
said certification is now on file in the office of this City Clerk.
NOW,,THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
SECTION 1. The cavass and the result.of said election as
shown by said certification is hereby ratified, confirmed and
approved, and the City Clerk is hereby directed to enter this
resolution on the minutes of this City Council as a statement of
the result of said election,.
SECTION 2. At said election the following measure to deter-
mine if the electors shall elect a Mayor and four city councilmen
and the term of said office of mayor was submitted to the voters
of the City and the number of votes cast in the City for and
against said measure was as follows:
7
TOTAL TOTAL
VOTE VOTE
"YES" " NO"
MEASURE "P" - Shall the electors elect a Mayor
and- four City Councilmen? 2162 820
MEASURE "Q" - Shall the term of office of Mayor
be two years? 1832 860
MEASURE "R" - Shall the term of office of Mayor
be four years? 877 1730
Resolution No. 78-7�-
Page Two
SECTION 3. The total number of votes cast in the City at
said special municipal election and the total number of votes
given in each precinct and by absentee voters of the City for
and against said measure was and is set forth in said certifica-
tion.
SECTION 4. The City Council as a result of said election
does declare and determine as follows:
That the electors shall elect a Mayor and four city council-
men; and
That the term of office of Mayor shall be for two (2) years.
On motion by Councilman Jennings and seconded by mayor�'-,
I - the Morro Bay City Council hei�eby adopts the
.�Donohoo I
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Jenninqs, Mitchell, Pinitone and
Mayor Donohoo
NOES: None
ABSENT: 'None
ADOPTED: December 23, 1974
FRED R. DONOHOO, Mayor
ATTEST:
M/ 1. WARDEN, City Clerk
MEASURE "R": "Shall the term of office of Mayor be four years?"
Consolidated
Precinct No.
Yes
No
Total Vote
7
33
115
250
365
34
89
167
.256
.35
117
223
340
36
108
193
301
37
78
154
232
38
73
185
258
39
106
193
299
40
103
244
347
Absentee Vote:
88
121
.209
Total Vote C ast:
877
1730
2607
WITNESS my hand and.official seal this 26th day of
November, 1974.
C4,si TH WOLLAM
.County Clerk
I
CERTIFICATE OF COUNTY CLERK
RESULT OF CANVASS OF ALL VOTES CAST FOR
CITY OF MORRO BAY
MEASURES P,Q,R
AT GENERAL ELECTION HELD
NOVEMBER 5, 1974.
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN LUIS OBISPO )
I, MISBETH WOLLAM, County Clerk of the County of San Luis
Obispo, State of California, do hereby certify that pursuant to
law I did canvass the returns of the above referenced election
held in said City of Morro Bay on November 5, 1974, and that the
total number of votes cast in said.city for and against the
following measures are as follows:
MEASURE "P": "Shall the electors elect i Mayor and four City
Councilmen?"
Consolidated
Precinct No. Yes No Total Vote
33 297 104 461
.34- 223 70 293
35 283 96 379
36 '261 100 361
37 195 70 265
-38 203 89 292
:39 237 100 337
40 259 145 404
.Absentee Vote:
204
46
250
Total Vote Cast:
2162
820
2982
MEASURE "Q": "Shall the term of office of Mayor be two years?"
Consolidated
Precinct No.
Yes
No
Total Vote
..33
244
125
369
-34
—171
92
263
35'
260
91
351
36
201
112
313
37
169
75
244
38
188
80
268
39
211
91
302
40
245
116
361
Absen tee Vote: 143
Total Vote Cast: 1832
78 221
860 2692
RESOLUTION NO. 77-74
RESOLUTION APPROVING "LEASE SITE MAP"
FOR 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, the City of Morro Bay has prepared a vicinity
map and sheet index entitled "Lease Sites Map" dated Novem-
ber, 1974, consisting of thirteen (13) sheets; and
WHEREAS, said map includes all those tide and sub-
merged areas.hel:d in trust by the City of Morro Bay for
the State of California; and
WHEREAS, said map clearly identifies each lease site
and its boundaries for easy reference and access.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of th I e City of Morro Bay that that doucment entitled
"Lease Sites map" dated November, 1974, consisting of
thirteen (13) sheets is hereby designated as the official
reference document for said lease sites.
On motion by Councilman Jennings and seconded by
Councilman Brown, the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo
NOES: None
ABSENT: Councilman Pipitone
j
ADOPTED: December 9, 1974
FRED R. DONOHOO, Mayor
ATTEST:
A(Xlezlr,4� -
M. It. -WARDEN, City Clerk
0 0
Recording requested by and
when recorded return to:
City Clerk
City of Morro Bay
595 Harbor Street
Morro Bay, Calif. 93442
RESOLUTION NO. 76-74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR CONSTRUCTION AND INSTALLATION OF
JOB NO. PW 74-007-36
CONSTRUCTION OF WATER MAIN ON ZANZIBAR STREET,
YERBA BUENA STREET AND BEACHCOMBER DRIVE
IN THE CITY OF MORRO BAY, CALIFORNIA
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on May 28, 1974
award a contract for JOB NO. PW 74-007-36, CONSTRUCTION OF WATER
MAIN ON ZANZIBAR STREET, YERBA BUENA STREET AND BEACHCOMBER DRIVE
IN THE CITY OF MORRO BAY, CALIFORNIA, to G. & S. Construction Co.,
1261 W. Cuyama Road, Ojai, California; and
WHEREAS, the City Engineer has certified that said work has
been completed in accordance with the provisions of the contract,
NOW, THEREFORE, BE IT RESOLVED that said work is accepted as
completed on the 19th day of November, 1974, and the City Clerk
is hereby directed to file a notice of completion in the office
of the recorder of the County of San Luis Obispo.
On motion by Councilman Jennings and seconded by Councilman
PiDitone , the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: November .25,,'1974
FRED R. DONOHOO, Mayor
ATTEST:
M. L./WARDEN, City Clerk
CERTIFICATION -OF -COMPLETION
The undersigned hereby certifies that the work of
construction of a water main on Zanzibar Street, Yerba Buena
Street and Beachcomber Drive in the City of Morro.Bay,
California (Job No. PW74-007-36),by G. & S. Construction
Company has been inspected and has been found to comply with
the approved plans and specifications and change orders issued
therefor.
It is therefore recommended that the work be accepted by
the Morro Bay City Council as completed and that the City Clerk
be authorized to file a Notice of Completion.
DATED: November 19, 1974
Av�e� e. egul.�.Ot��
GEORGKE. CHRISSAKIS
r
Cit_ ngineer
City of Morro Bay, California
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the undersigned City Clerk of
the City of Morro Bay, San Luis Obispo County, California,
that the work of construction of a water main on Zanzibar
Street, Yerba Buena Street and Beachcomber Drive in the City
of Morro Bay, California (Job No. PW74-007-36), has been
completed by G. & S. Construction Company and that said work
was accepted as completed on November 19 , 1974, by the Morro
Bay City Council by the adoption of Resolution No. 76-74 dated
November 25, 1974.
R./t. WAR EN, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bay, San
Luis Obispo County, California; that he has read the foregoing
notice and knows the contents thereof; that the same is true of
his own knowledge.
1974.
I declare the foregoing to be true under penalty of perjury.
Executed at Morro Bay, California, this 27th day of November,
M. L.'WARDEN, City Clerk�.
'4-
v. t- -
0
RESOLUTION NO. 75-74
RESOLUTION GRANTING A USE PERMIT TO MORRO BAY
CHAMBER OF COMMERCE TO CONDUCT
ANNUAL GIBRALTAR OF THE PACIFIC FESTIVITY PARADE
T H E C I T Y C 0 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 Gibraltar of the Pacific
Festivity Parade on November 9, 1974; 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 Gibraltar of the Pacific Festivity Parade between
the hours of 8:00 a.m. and 6:00 p.m. on November 9, 1974'; and
BE IT FURTHER RESOLVED that the Morro Bay Police' Dep4rtment
and Public Works Department are hereby authorized to assist in
the conduct of these activities; and I
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 Jennings and seconded by Councilman
Brown , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown,
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 29, 1974
ATTEST:
Jennings, Mitchell and Pipitone, and
t-RED R. DONOHOO, Mayor -
RESOLUTION NO. 74-74
RESOLUTION ACCEPTING RECOMMENDATION
OF THE CITY PLANNING COMMISSION
AND ADOPTING THE SEISMIC SAFETY ELEMENT
OF THE CITY GENERAL PLAN
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro
Bay did, on September 16, 1974,. conduct a public hearing to con-
sider the adoption of the Seismic Safety Element of the City
General Plan in conformance with'Secti6n 653 51 of the Government
Code of the State of California; and�
WHEREAS, said Planning Commission did, by Planning Commission
Resolution No. 47-74, adopt said Seismic Safety Element and did
further recommend that the City Council formally adopt said Seismic
Safety Element as a portion of the General Plan for the City of
Morro Bay; and
WHEREAS, the Morro Bay City Council held a public hearing
on October 14, 1974, as required by Section 65355 of the Government
Code of the State of California, at which hearing any person desir-
ing to be heard to express their views for or against or in
modification of said proposed Seismic Safety Element was so heard
and their testimony c onsidered; the following resolution is hereby
proposed:
RESOLVED that the Morro Bay City Council does hereby adopt
the Seismic Safety Element of the General Plan in conformance with
Section 65355 of the Government Code of the State of California.
On motion by Councilman J,,erinings and seconded by Councilman
Brown , the Morro Bay City Council hereby 4dopts in its
entirety the foregoing proposed resolution, on the following roll
call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone, and
Mayor Donohoo
NOES:- None
ABSENT: None
RESOLUTION NO- 74-74
Page Two,
ADOPTED: October 29, 1974
FRED R. DONOHOO,, Mayor-"
ATTEST:
M.A. WARDEN, City Clerk
RESOLUTION NO. 73-74
RESOLUTION APPROVING GRANT OF LEASE
TO SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
I
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 "Lease"
by and between the City of Morro Bay and San Luis Obispo County
Air Pollution Control District, 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 Jennings and seconded by
Councilman Pipitone , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Jennin�rs, Mitchell and Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 29, 1974
FRED R. DONOHOO, Mayor
ATTEST:
M.' L. WARDEN, City Clerk
16
RESOLUTION NO. 72-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY REQUESTING THE STATE DEPARTMENT
OF TRANSPORTATION AND THE FEDERAL HIGHWAY AD-
MINISTRATION TO APPROVE THE URBAN AREA BOUNDARY
AND THE FEDERAL -AID URBAN STREET SYSTEM FOR THE
MORRO BAY URBAN AREA
WHEREAS, the Congress of the United States has, in the
Federal -Aid Highway Act of 1973, declared it to be in the national
interest for Federal Funds to be expended for highway projects on
the Federal -Aid Urban System; and
WHEREAS, based on the 1970 Census, the Bureau of the Census
has designated Morro Bay as an Urban Area; and
WHEREAS, before Federal -Aid will be made available for
Urban System projects within this Urban Area, the Urban Limits must
be established and a Federal -Aid Urban Road System must be designated;
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. The City Council of the City of Morro Bay requests that
the Urban Area Limits and Federal -Aid Urban Road System, as shown
on the attached maps marked Exhibit "A", be approved by the State
Department of Transportation and the Federal Highway Administration.
2. Copies of this resolution be forwarded to Mr. Frank
Gregory, District Director, California Department of Transportation,
District 5, Post Office Box L, San Luis Obispo, California 93406.
On motion by Councilman Jennings and seconded by Councilman
Brown the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: C6uncilmen Brown, Jennings, Mitchell, and Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
Aee;��X-
e_7
FRED R. DONOHOO, Mayor
ATTEPT:
M-'L- WARDEN, City Clerk
AIL
...... .....
RTIFICATION
'CO
'.I;,APPROVED'AS*1TO- NTENTS:
APPROVED'AS`TO FORM-
B
BY B
George/E. Chrissakis
Michadl Le �Sage
ity Attorney er
City Engine
C
Date'
Date
lu
By
I Warden
..Mdfra I/.
Yd . I . . I
Ci y A ministrator
b 15, 1974
Date.
Octo er
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO s1s'.
CITY OF MORRO BAY
I. Murray L. Warden, City Clerk of the City of Morro Bay,
!'California, and ex officio Clerk of the City Council, DO HEREBY
CERTIFY,�that the foregoing Resolution.No. 72-74 was duly and
regularly introduced and adopted by said City Council at a regular
meeting held October 14, 1974, by the following vote:
AYES. Councilmen Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
:NOES: None
None
ABSENT:
4War een
C
ity tl6rk of the City of
Morro Bay and ex officio Clerk
-of the City Council
4,
-4
1�� 7
It
RESOLUTION NO.71-74
RESOLUTION GRANTING A USE PERMIT TO THE MORRO
BAY LIONS CLUB TO CONDUCT A STREET PARADE
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Lions Club has reques�ted
permission to use various City streets to assemble and
conduct -the annual Halloween Parade on Thursday, October
31, 1974; the following resolution is hereby proposed:
RESOLVED that the Mayor of the City -of Morro Bay
be and is hereby authorized and directed to execute a
Use Permit Agreement, a copy of which*is attached and made
a part of this resolution, authorizing the use of various�
City streets to assemble and conduct'the annual Halloween
Parade, said streets designated for use are generally
described as Shasta Avenue, Morro Bay Boulevard, and
Monterey Avenue; and
BE IT FURTHER RESOLVED that the Morro Bay Police
Department is hereby authorized to restrict vehicular
and pedestrian traffic on the parade route during the
time of assembly and parade.
on motion by Councilman Jennings and seconded by
Councilman Brown , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
ATTEST:
4M WARDEN, City -Clerk
mayor
CERTIFICATION OF CITY CLERK
1. M. L. Warden
OF THE CITY OF MORRO BAY DO HEREey��E:')!
THAT THE FOREGOING IS A TRUE A140' CDR:.;:...
.1
COPY OF Rp�qnluf-inn T,7,_ 7_j__7_4_____,
PA BY TH NCIL OF ThE CITY
O'SSE A� CITY EC
(;V
MORR& BAY A R LA R MEETING IHE.ih�A:
HELD ON THE 14 *:h AY OF Oct ig 74
D A T E
CITY c-LYR-9--
(SEAL)
; - r
RESOLUTION NO. 70-74
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
T H E C I T Y C 0 U N C-I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED, that that certain document entitled "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 Pipitone , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
FRED R. DONOBOO, Mayor
ATTEST:
M. L; WARDEN, City Clerk
411 California (hereinafter called CITY) hereby grants to the
51 Morro . Bay Chamber of C . ommerce
6 (hereinafter called PER1,1ITTEE) the right and privilege to use that
71J property of the City of Morro Bay located within the city limits
811 of the City of Morro Bay, County of San Luis Obispo, State of
9 California, and described in Exhibit "A" attached . hereto (hereinaftel
1011 called SAID PROPERTY), on the terims and conditions hereinafter set
1111 forth.
1211 . 1. The right and privilege granted to PERMITTEE pursuant to
13! 1 this. Use Permit Agreement shall become e ff'ective at the hour of
14 7:00 p.m. on Wednesday, November 20, 1974 , and shall exDire when
15 the purpose hereinafter specified has ceased, but in no event later'
16 than the*hour of 10:00 P-m- on Wednesday, November 20, 1974
.17 2. PERMITTEE shall use SAID PROPERTY for the purpose of-
18 conducting a fund raising benefit for the Centennial Stairway
-sponsored by PERMITTEE
2011 3.
21
PERMITTEE shall at all times durin g said benefit
adequately supe I rvise the participants in order toll
22 protect the lives and property of motorists, pedestrians, spectators
23 and participants. PERMITTEE shall. cooperate at all times with CITY
24 officers and employees in the installation, erection, dismantling,
25 or removal of signs, barricades, or other appropriate warni ng device
26 which are necessary, in the opinion of CITY, to protect the lives
27
and property of motorists, pedestrians, s�ectators, and participants
28
PERMITTEE shall, at all times promptly comply with all regulations,
29
rules, and orders of duly constituted CITY officials with respect.to,
30
any part or phase of
the parade,
including,
by way of illustration
31
but not limitation,
restrictions
on smoking,
composition of exhibits
32
speed, of the parade,
and spacing
between ne
participan'ts' exhibits.
4
amusements and other facilities construc.ted or erected on SAID
2 PROPERTY by PERMITTEE. At the expiration of this Use Permit
3 Agreement, PER14ITtEE shall. surrender SAID PROPERTY to CITY in as
4 good condition as it was when it was originally received by
5 PEP%LIITTEE, reasonable wear excepted.
6 4.a This Use Permit Agreement is.granted to. PERMITTEE upon
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-
1211 ever during the term of this Use Permit Agreement or any extension
1311thereof or any occupancy or use hereunder; PERMITTEE hereby
14 Icovenanting and agreeing to indemnify and save CITY harmle ss 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 iift hereof at PERMITTEE'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 $100,006
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.
24
said 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 kdep such insurance in full force and eff4ct, this Use
28
Permit Agreement.may be immediately terminated. PERMITTEE shall
2911 provide CITY with cooies or certificates of all of said policies
3011 including e . ndorsements which state that such insuran . ce shall. not be
31 cancelled except after ten days' prior written notice to CITY.. Eac]
32
such policy shall be approved as to form and insurancy company by CI
J 2
1 4.c Any insurance policy insuring PERMITTEE agains . t 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 PERIMITTEE has
5 expressly waived in writing prior to the occurrence of the loss.
6 PERMITTEE hereby waives any tight of recovery against CITY f . or any
7 such claim, expense, orliability.
6 5. PERMITTEE shall pay all charges for all utilities, in-
9 cluding 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 examinethe same or to make such repairs
14 discretion,
or temporary alterations as CITY shall, in it's sole
15 desire.
16
CITY..OF MORRO BAY
17
18 Dated:
Mayor
19 FRED R. DONOHOO
ATTEST:
20
21
22
M. L.' WARDEN, City CleFk
.23
PERMITTEE
24
25
26
Title
27
Dati�
28
29
30
31
32
F-F,
-�2"
U) M
=M
Ic.
Cr
ic
1 0
CD
ve
RESOLUTION NO. 69-74
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED, that that certain document entitled "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 Pipitone , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
FRED R. DONOHOO, Mayor
ATTEST:
1(. WARDEN, City Clerk
z:;
USE PERMIT AGREZ"'MENT
2
3
The City of Morro Bay,
a municipal
corporation of the State
4
of Cal *�ornia (hereinafter
called CITY)
hereby grants to the
the
i Morro Bay Chamber of. Commerce (hereinafter called PERMITTEE
6 right to use, on I the terms and conditions hereinafter set forth,
7 that property of the Citv of.Morro Bay located within the city
limits of the City of Morro Bay, County of San Luis Obispo, State
9 of California, and described as: that portion of Block 1, Town+
10 of Morro, known as Morro Bay City Park, lying between Morro Bay
Boulevard and Harbor Street in the City of Morro Bay (hereinafter
12 called SAID PROPERTY).
13 1 . The right and privilege granted to PERMITTEE' pursuant
to this Use Permit Agreement shall become effective between the
14
lovember20, 1974 and 10:00 p,-,P..
15 hours of 7:00 p.mi. onWednesday,
on Wednesday, November 20, 1974.
16
17 2. PERZ-1ITTEE shall use SAID PROPERTY for the purpose of
conducting Centennial Stairwav fund raising benefit and for
18 11 1
ig no other purnose. PEIRMITTEE may display such exhibits on SAID
20 PROPERTY as PEIIMITTEE deems necessary for such purpose, provided
21
22
23
24
25
26
2.7
29
30
31
however, that all rules, regulations, resolutions, and ordinances
of the City of Morro Bay or any-depart-m-ent. thereof, including by
way of illustration but not limitation, fire and saf ety orders,
rules, regulations, or ordinances, shall at all times be complied
with.
3. Prior to the expiration of this Use Permit Agreement,
PER,MITTEE shall remove or cause to be removed, all exhibits and
other facilit-ics ccr.structed or erccted or. - SAID PROPERTY by
PER.'4ITTEE. At!.the expiration of this Use.Permit Agreementf'
PERMITTEE shall surrender SAID PROPERTY to CITY in as good
32
�i
4
5
the express condition that PERMITTtE shall keep and hold CITY.free
from all liability, expense, and claim for damages by reason of any
611 injury or death to any person or persons, including PERMITTEE, or
7 property of any kind whatsoever and to whorasoever belonging,
811including PEPVITTEE, from any cause or causes whatsoever during the
9 term of this Use Permit Agreement,or any extension thereof or any
.10 ..occupancy or use hereunder; PER1,11TTEE hereby covenanting and
11 agreeing to indemnify and save CITY.harmless from all liability,
12 loss, cc st, and obligations on account of or arising out of any
13 1 such'injuries or losses howsoever occurring.
1411 4.b PE , RMITTEE agrees to take out and keep in force during thel
.15 1life hereof, at PERMITTEE'S expense liability i nsurance to protect
against any liability to any person or persons, including PERMIT
17 resulting from any occurrence in or about or incident to SAID
18 PROPERTY and appurtenant areas in the amount of $100,000 to
19 indemnify against the claim of one person, $300,000 against the
20 claim of two or more persons; and $50,000 for property damage.
21
Said policies shall insure the liability of PERMITTEE and the
22
liability, contingent or otherwise, of CITY and such other persons,
23 firms, or corporation . s as may be . designated by CITY. If PERMITTEE
24
does not keep such insurance in full force and effect, this Use
25
Permit Agreement may be immediately terminated. PERMITTEE shall
26
provide City with copies and certificates of all of said policies
27
including endorsements which state that such insurance shall not be
281
i cancelled except after ten (10) days prior writtLen-notice to CITY.
29
lEach.'such policy shall be approved as to form and insurance company'
30
by -CITY.
31
4.c Any insurance policy insuring PERMITTEE against claims,
32 expense, or liability for injury or death to person or property ir.
11 or about SAID PROPERTY.shall provide that the insurer shall not
2 acquire by subrogation any right of recovery which PERMITTEE has
3 expressly waived in writing prior to'the occurrence -of the loss.
4 PERMITTEE herebv waives any right.of recovery !against CITY for any
5. such claim, expense, or liability.
6 5. PERMITTEE shall pay all charges for all utilities,
7 including by way of illustration and not limitation, electricity,
8 gas, water, and telephone which are used on or about SAID PROPERTY
9 during the term of this Use Permit'Agreement.
10 6. CITY shall have the right to enter upon SAID PROPERTY at
11 all reasonable hours to examine the same or to make such repairs or
12 temporary alterations as CITY shall, in its sole discretion, desire.
13 CITY OF MORRO BAY
14
15 Dated:
Mayor
16
17 ATTEST:
C erk
20
21
22 Dated: /0////7/-"
23
24
PERMITTEE
By.
Title:
0
9
RESOLUTION NO. 68-74
RESOLUTION APPROVING SUBLEASE'ON PORTION
LEASE SITES NO. 134-137
(CRILL)
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of
certain property on the Morro Bay waterfront, described as
Lease Sites No. 134-137; and
WHEREAS, Rae M. Crill is the lessee of said property; and
WHEREAS, said lease provides that the consent of City
shall be obtained to any sublease of said property or portion
of said property; and
WHEREAS, said lessee has entered into a sublease agreement
with Kathryn and Bernhard Harms, husband and wife, a copy of
which sublease agreement has been presented to the City Council
of the City of Morro Bay; and
WHEREAS, lessee desires said sublease be transferred from
Kathryn and Bernhard Harms to Gordon and Mary Ross, husband and
wife, as shown on the attached Assignment and Acceptance of sub-
lease agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby consent to the sublease of a
portion of said Lease Site No. 134-137 to Gordon and Mary Ross.
On motion by Councilman Jennings and seconded by Councilman
Brown , the City Council of the City of Morro Day hereby
adopts the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, and Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
A_
,FRED -R. "EFON01400-,r Mayor
ATTEST:
R.-L. WARDEN, City Clerk
0 0
RESOLUTION NO. 67-74
RESOLUTION DELEGATING AUTHORITY TO DETERMINE
DISABILITY FOR RETIREMENT PURPOSES
TO THE CITY ADMINISTRATOR
T H E C I T Y C 0 U N C I L
City of Morro Bay, Califori�ia
WHEREAS, the City of Morro Bay (hereinafter referred to
as Agency) is a contracting agency of the Public Employees'
Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires
that a contracting agency determine whether an employee of
such agency in employment in which he is classified as a
local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is
"industrial" within the meaning of such law; and
WHEREAS, the City of Morro Bay has determined upon legal
advice that it may delegate authority to make such determina-
tions to the incumbent of the position of City Administrator.
NOW, THEREFORE, BE IT RESOLVED that the City Council
does hereby delegate to the incumbent of the position of
City Administrator authority to make determinations under
Section 21023.6, Government Code, on behalf of the Agency, of
disability and whether such disability is industrial and to
certify such determinations and all other necessary informa-
tion to the Public Employees' Retirement System; and
BE IT FURTHER RESOLVED that such incumbent is authorized
to make applications on behalf of the Agency for disability
retirement of employees in employments in which they are
local safety members and to initiate requests for reinstate-
ment of such employees who are retired for disability.
On motion by Councilman Jennings and seconded by
Councilman Brown I the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell and Pipitone
and Mayor Donchoo
NOES: None
ABSENT: . None
ADOPTED: October 14, 1974
FRED R. DONUHOO, Mayor
ATTEST:
M. L1. WARDEN, city cierK
RESOLUTION NO. 66-74
RESOLUTION AUTHORIZING THE COUNTY OF
SAN LUIS OBISPO TO PROVIDE ANIMAL REGULATION CONTROL
SERVICES FOR 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, the County of San Luis Obispo on September 1,
1974, implemented its animal control program under the
Department of Animal Regulations Control, and
WHEREAS, Woods Humane Society is no longer providing
animal regulations control services to the City of Morro Bay;
and
WHEREAS, the County of San Luis Obispo is willing to
provide Animal Regulation Control services to the City during
the period of time in which a final contract is 6eing negotiated;
and
WHEREAS, the City of Morro Bay is willing to reimburse the
County of San Luis Obispo for services rendered, after entering
into an agreement with the County of San Luis Obispo to do so;
and
WHEREAS, the health and safety of the citizens of the City
of Morro Bay will be protected through allowing the County to
provide Animal Regulation Control Services.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City
Council of the City of Morro Bay, County of San Luis Obispo,
State of California, that the City of Morro Bay give authori-
zation to the County of San Luis Obispo to provide Animal
Regulation Control Services within the incorporated areas of the
City.
BE IT FURTHER RESOLVED AND ORDERED that the City of Morro
Bay authorizes the County of San Luis Obispo to enforce all City
ordinances related to animal regulation control.
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donchoo
NOES: None
ABSENT: None
ADOPTED: October 14, 1974
FRED R. DONOHOO, Mayor
ATTEST;
F771--WARDEN, City Clerk
I
E�]
L]
RESOLUTION NO. 65-74
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED, that that certain document entitled "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 ofthe City of Morro -Bay.
On motion by Councilman Jennings and seconded by
Councilman Pipitone the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll Call vote:
AYES: Councilmen B-rown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: September 23, 1974
ATTEST:
A. Y. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
'4
USE PERMIT AGREEMENT
2
3
The City'of Morro Bay, A municipal corporation of the State
4
of California (hereinafter called,CI.TY) 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, and described as: that portion of Block 1, Town
10
of Morro, known as Morro Bay City Park, lying between Morro Bay
11
Boulevard and Harbor Street in the City of Morro Bay (hereinafter
12
called SAID PROPERTY).
13
1. The right and privilege granted to PERMITTEE pursuant
14
to this Use Permit Agreement shall become effective between the
15
hours of 12:01 a.m. on Saturday, November 9, 1974 and 11:59 p.m.
16
on Sunday, November 10, 1974.
17
2. PERMITTEE shall use SAID PROPERTY for the purpose of
'18
conducting Gibraltar of the Pacific Jubilee Festivities, and for
19
no other purpose. PERMITTEE may display such exhibits on SAID
20
PROPERTY as PERMITTEE deems necessary for such purpose, provided
21,
however, that all rules, regulations, resolutions, and ordinances
22
of the City of Morro Bay or any department thereof, including by
23
way of illustration but not limitation, fire and safety orders,
24
rules, regulations, or ordinances, shall at all times be complied
25
with.
26
3. Prior to the expiration of.this Use Permit Agreement,
27
PERMITTEE shall remove or cause to be removed,.all-exhibits and.,
28
29
30
31
.32
other facilities constructed or er'ected on SAID PROPERTY by
PERMITTEE. At the expiration of this.Use Permit Agreement,
PERMITTEE shall surrender SAID.PROPERTY to CITY in as good
r
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condition as it was when it was originally received by PERMITTEE,
reasonable wear excepted.
4.a This Use Permit Agreement is granted to PEPMITTEE 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 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
PROPERTY and appurtenant areas in the amount of $100,000 to .
indemnify against the claim of one person, $300,000 against the
claim of two 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 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
r"
es.
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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.
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 -
Dated:
ATTEST:
//tptin,
q'- 7.7- 7474-
Dated:
FRED R. DONOHOO, - ,Mayor
PERMITTEE
By.
Title: %ice
.4.
Z1C
c:
RESOLUTION NO. 64 -74
RESOLUTION ASKING THE LEAGUE OF CALIFORNIA CITIES
TO SUPPORT LEGISLATION PROVIDING DUAL CITY - COUNTY CONTROL
OF THE UNINCORPORATED AREAS SURROUNDING CITIES
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:
1. The League of California Cities is urged to consider and
approve at its 1974 annual conference in Los Angeles, Exhibit "A"
Resolution attached hereto and thereby incorporated herein.
2. The,City Clerk is directed to provide the League of
California Cities Resolution Committee with copies of this Res-
olution for its consideration and at the annual meeting on October
20 -23, 1974.
On motion by Councilman Jennings and seconded by Councilman
Pipitone , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: August 26, 1974
ATTEST:
M. L. ARDEN, City Clerk
FRED R. DONOHOO
•
A RESOLUTION OF THE LEAGUE OF CALIFORNIA
CITIES URGING THE ADOPTION OF STATE •
LEGISLATION REQUIRING CITY APPROVAL OF
• ALL DEVELOPMENT IN THE UNINCORPORATED
AREAS SURROUNDING A CITY,
WHEREAS, DEVELOPMENTS IN THE UNINCORPORATED AREAS
SURROUNDING CITIES CREATE PROBLEMS FOR CITIES IN THE FORM
OF INSENSITIVE LAND USE PATTERNS THAT MAY HAVE TO BE
ANNEXED TO CITIES IN THE. FUTURE, AND IN PROVIDING MUNICIPAL
SERVICES TO SAID AREAS, INCLUDING THOSE SERVICES REQUIRED
BY STATE AGENCIES TO BE PROVIDED BY CITIES TO SAID AREAS; AND
WHEREAS, COUNTIES, POSSESSING THE JURISDICTION TO ALLOW
SUCH DEVELOPMENT, MAY ALLOW UNINCORPORATED AREAS TO DEVELOP
AGAINST THE WISHES OF CITIES; AND
WHEREAS, THE STATE WATER QUALITY CONTROL BOARD IS
CHARGED WITH THE OVER -ALL RESPONSIBILITY OF GUARANTEEING
ADEQUATE SEWAGE TREATMENT FOR ALL DEVELOPMENTS BOTH IN THE
INCORPORATED AND UNINCORPORATED AREAS; AND
WHEREAS, SAID BOARD PLACES THE BURDEN FOR ACCEPTING AND
TREATING SEWAGE GENERATED BY DEVELOPMENTS IN UNINCORPORATED
AREAS UPON CITIES WHICH OWN AND OPERATE SEWAGE TREATMENT
FACILITIES, AND ENFORCES SAID BURDEN BY THREAT OF WITHHOLDING
FEDERAL' OR STATE GRANTS IF SAID CITIES REFUSE TO ACCEPT AND
TREAT SEWAGE FROM SUCH DEVELOPMENTS IN UNINCORPORATED AREAS
OVER WHICH CITIES HAVE LITTLE OR NO CONTROL; AND
WHEREAS, SAID BOARD MAKES SUCH DEMANDS WITHOUT CONSIDER-
ATION OR REGARD FOR THE EFFECTS ON THE ENVIRONMENT OF DEVELOP-
MENT PRESSURES CAUSED BY INCREASED SEWAGE SERVICES TO DEVELOP-
MENTS IN UNINCORPORATED AREAS; AND
EXHIBIT "A"
•
-2-
WHEREAS, ADEQUATE PLANNING FOR FUTURE CITY GROWTH AND
DEVELOPMENT REQUIRES THAT NO DEVELOPMENT BE PERMITTED IN THE
UNINCORPORATED AREAS SURROUNDING A CITY WITHOUT PRIOR APPROVAL
BY SAID CITY;
NOW, THEREFORE, BE IT RESOLVED BY THE LEAGUE OF CALIFORNIA
CITIES AS FOLLOWS:
1. THE LEAGUE SUPPORTS ADOPTION OF STATE LEGISLATION
WHICH WOULD ASSURE CONTROL BY A CITY OF ALL DEVELOPMENT WITHIN
THE UNINCORPORATED AREAS SURROUNDING THE CITY. THE AREAS TO
BE CONTROLLED COULD BE DEFINED THROUGH SEVERAL METHODS, SOME
OF WHICH FOLLOW BELOW AND EACH OF WHICH SHOULD BE CONSIDERED
BY THE LEGISLATURE IN ENACTING SAID LEGISLATION:
A. MILES MEASURED OUTWARD FROM THE CORPORATE
CITY LIMITS, OR IF TWO CITIES ARE LESS THAN SAID
MILES APART, THEN THE JURISDICTION SHOULD BE A POINT
EQUIDISTANT BETWEEN THE CITIES OR AS OTHERWISE AGREED
UPON BY BOTH CITIES.
B. THE MAXIMUM AREA OF ULTIMATE CITY EXPANSION AS
DETERMINED BY CITY AND COUNTY GENERAL PLANS.
C. THE SPHERE OF INFLUENCE OF A CITY AS DETERMINED
BY THE LOCAL AGENCY FORMATION COMMISSION PER GOVERNMENT
CODE SECTION 54774.
D. THE REGIONAL SERVICE AREAS FOR CITY SEWAGE
TREATMENT FACILITIES AS DETERMINED BY THE REGIONAL
WATER QUALITY CONTROL BOARD.
EXHIBIT "A"
•
-3-
E. SPECIAL SERVICE DISTRICTS ENCOMPASSING THE
CITY IN WHICH THE CITY REPRESENTS OVER 25% OF THE
TAX BASE FOR SAID DISTRICT, EXCLUDING THE PUBLIC
UTILITY ROLLS.
F. ANY ONE OR A COMBINATION OF ANY OR ALL OF THE
ABOVE METHODS THAT WOULD YIELD THE LARGEST AREA TO BE
CONTROLLED.
2. SAID LEGISLATION SHOULD ALLOW FOR THE ESTABLISHMENT
OF DEVELOPMENT AND LAND USE CONTROLS BY THE CITY OVER THE
UNINCORPORATED AREA DESIGNATED FOR SUCH SPECIAL CONTROLS,
WHEREBY NO LAND FRACTURING OR DEVELOPMENT ACTIVITY COULD PRO-
CEED WITHOUT THE APPROVAL OF BOTH THE CITY AND THE COUNTY.
3. SAID LEGISLATION SHOULD INCLUDE PROVISIONS THAT ALL
STATE AGENCIES, BOARDS AND COMMISSIONS MUST RECOGNIZE AND.
SUPPORT AS MINIMUM STANDARDS THOSE LAND USE CONTROLS IMPLE-
MENTED BY CITIES AND COUNTIES, AND THAT NO SUCH STATE INSTRUMENT
SHALL WITHHOLD STATE OR FEDERAL GRANTS OR OTHERWISE PENALIZE
A CITY BECAUSE THAT CITY IS SEEKING TO ESTABLISH AND ENFORCE
LAND USE,CONTROLS IN THE UNINCORPORATED AREA SURROUNDING IT.
EXHIBIT "A"
•
RESOLUTION NO. 63 -74
RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF MORRO BAY
AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL FOR
ABANDONED VEHICLE ABATEMENT PARTICIPATION
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 July 22, 1974,
adopt Resolution No. 53 -74 calling for a contract with the California
Highway Patrol for abandoned vehicle abatement participation; and
WHEREAS, the attached Agreement implements the City's parti-
cipation in the Abandoned Vehicle Abatement Program; and
WHEREAS, said Agreement is for the period July 1, 1974 through
June 30, 1975.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby approve the attached Agreement with
the State of California Department of California Highway Patrol; and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and
directed to sign said Agreement on behalf of the City Council and
for the City of Morro Bay.
On motion by Councilman Jennings and seconded by Councilman
Brown ; the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: August 26, 1974
ATTEST:
. WARDEN, City Clerk
FRED R. D
NOHOO, Mayor
• •
RESOLUTION NO. 62-74
RESOLUTION DIRECTING THAT THE UNPAID CHARGES
FOR VEHICLE ABATEMENT BE FOREWARDED TO
THE COUNTY AUDITOR FOR INCLUSION ON
THE 1974 -75 TAX ROLLS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Chapter 10.48 of Title 10 of the Morro Bay Municipal
Code provides for the abatement of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof; and
WHEREAS, the City of Morro Bay has conducted an abatement
program whereby it complied with the sections of the above mentioned
ordinance dealing with the notification to remove vehicles and the
removal of such; and
WHEREAS, Section 10.48.140 of Chapter 10.48 of Title 10 of the
Morro Bay Municipal Code provide that charges for vehicle abatement
shall constitute a lien upon the property on which said vehicle or
parts thereof are abandoned; and
WHEREAS, Section 10.48.180 of Chapter 10.48 of Title 10 provides
that those charges not paid by the property owner within thirty (30)
days shall be filed with the county auditor in order that the county
auditor may enter each assessment on the county tax roll opposite
the property referred to:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Morro Bay hereby directs the unpaid charges for the vehicle
abatement program be forwarded to the county auditor for inclusion
on the 1974 -75 tax rolls.
On motion by Councilman Jennings and seconded by Councilman
Brown , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
1 ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
. WARDEN, Ci£y Clerk
t & /Y. .
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 61 -74
RESOLUTION DIRECTING THAT THE UNPAID CHARGES
FOR WEED ABATEMENT BE FOREWARDED TO
THE COUNTY AUDITOR FOR INCLUSION ON
THE 1974 -75 TAX ROLLS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Chapter 8.12 of Title 8 of the Morro Bay Municipal
Code provides for the abatement of weeds and other nuisances
hazardous to the public health, welfare and safety; and
WHEREAS, the City of Morro Bay has conducted its annual weed
abatement program whereby it complied with the sections of the
above mentioned ordinance dealing with the notification to remove
weeds and the removal of such; and
WHEREAS, Section 8.12.120 of Chapter 8.12 of Title 8 of the
Morro Bay Municipal Code provides for the cost of abatement; and
WHEREAS, said section provides that such charges shall con-
stitute a lien upon said property; and
WHEREAS, said section also provides that those charges not
paid by the property owner prior to the first day of August of
each year shall be filed with the county auditor in order that
the county auditor may enter each assessment on the county tax
roll opposite the property referred to:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Morro Bay hereby directs the unpaid charges for the annual
weed abatement program be forwarded to the county auditor for in-
clusion on the 1974 -75 tax rolls.
On motion by Councilman Jennings and seconded by Council-
man Brown , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
M. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 60 -74
RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS
FOR THE FISCAL YEAR 1974 -75
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 1974 -75 has been approved and adopted by
Resolution No. 43 -74 on June 24, 1974; 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 prelimin-
ary assessed valuation of $37,246,665:
NOW, THEREFORE, BE IT RESOLVED that the total tax rate
on taxable property within the City of Morro Bay for the
fiscal year 1974 -75 be and is hereby fixed at $1.00 on each
$100.00 of assessed valuation as established for city tax
purposes and which is shoiwn upon the'assessment rolls of the
County of San Luis Obispo; and
BE IT FURTHER RESOLVED that all taxes collected at the
rate of $1.00 per $100.00 of assessed valuation be apportioned
as follows:
General Fund $1.00
On motion by Councilman Jennings and seconded by
C.�u;;MayoEn Donohoo , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES:, Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
M.
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 59 -74
RESOLUTION APPROVING PRIORITY PLAN FOR
EXPENDITURES UNDER PROVISIONS OF THE STATE
BEACH, PARK, RECREATION, AND HISTORICAL
FACILITIES BOND ACT OF 1974.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the State Beach, Park, Recreational, and Historical
Facilities Bond Act of 1974 requires that each County shall consult
with all cities and districts within the County which are authorized
to provide park and recreation services and develop and submit to the
State a priority plan for expenditure of the County's allocation; and
WHEREAS, the County of San Luis Obispo has consulted with the
City of Morro Bay which has prepared a priority plan for expenditure
of the City's allocation, said priority plan being attached hereto
marked Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED that the priority plan for the
expenditure of the City's allocation of funds under the State Beach,
Park, Recreational, and Historical Facilities Bond Act of 1974, a
copy of which plan is attached hereto marked Exhibit "A ", be and
the same is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to
forward a certified copy of this resolution to the County of San Luis
Obispo.
On motion by Councilman Jennings , and seconded by
Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
// 111/
WARDEN, ity Clerk
FRED R. DONOHOO, Mayor
4)
EXHIBIT "A"
THE RECREATION BOND ACT OF 1974
A DISTRIBUTION. PLAN OF CITY ALLOCATIONS
JURISDICTION
City of Morro Bay
ALLOCATED PORTION NAME OF PROJECT
$ 38,150.00 1. Morro Rock Park
2. Sandspit
• •
RESOLUTION NO. 58-74
RESOLUTION AMENDING RESOLUTION NO. 48 -74
WHICH ADOPTS A POSITIONS CLASSIFICATIONS AND SALARY SCHEDULE,
DESCRIBIES 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, Resolution No. 48- 74centitled "Resolution
adopting a positions classifications and salary schedule, describing
methods of advancement'and repealing previous salary resolutions',
was adopted by the City Council on July 8, 1974; and
WHEREAS, said resolution did not provide for a salary for
the City Administrator.
NOW, THEREFORE,. BE IT RESOLVED that Section 4A, Appointed
Officers, of Resolution No. 48 -74 is hereby amended to include the
following:'
City Administrator $1623 per month
BE IT FURTHER RESOLVED that said amendment shall be effective
as of July 1, 1974.
On motion by Councilman Jennings and seconded by
Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
M. L. WARDEN, City Clerk
.7014e� /47 .
FRED R. DONOHOO, Mayor
RESOLUTION NO. 57 -74
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN LUIS OBISPO TO
:CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF
THE CITY OF MORRO BAY TO BE HELD ON NOVEMBER 5, 1974,
WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON NOVEMBER 5;. 1974, PURSUANT TO
SECTION 23303 OF THE ELECTIONS CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay has called
a special municipal election in the City of Morro Bay to be held
on November 5, 1974, for the purpose of submitting to the qualified
voters of the City of Morro Bay a proposition to determine if the
electors shall elect a Mayor and four city councilmen and the term
of said office of Mayor as hereinafter in this resolution set forth;
and
WHEREAS, it is desirable that said special municipal election
be consolidated with the statewide general election to be held on
the same date and that within the City of Morro Bay the precincts,
polling places and election officers of the two elections be the
same, and that the Board of Supervisors of the County of San Luis
Obispo canvass the returns of the special municipal election and
that said statewide general election and special municipal election
be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. That pursuant'to the requirements of Section 23302
of the Elections Code, the Board of Supervisors of the County of
San Luis Obispo be and it hereby is requested to consent and agree
to the consolidation of a special municipal election with the state-
wide general election on Tuesday, the 5th day of November, 1974, for
the purpose of submitting to the electors of the City of Morro Bay
a proposition to appear on the ballot as follows:
Shall the electors elect a
Mayor and four city council
men?
YES
NO
Shall the term of office
Mayor be two years?
of
YES
NO
Shall the term of office
Mayor be four years?
of
YES
NO
Section 2. Said Board of Supervisors is hereby authorized to
canvass the returns of said special municipal election which it is
hereby requested to consolidate with said. statewide general election
and said election shall be held in all respects as if there were
only one election, and only one form of ballot shall be used.
• •
Resolution No.
Page Two
Section 3. Said Board of Supervisors is hereby requested to
issue instructions to the County Clerk to take any and all steps
necessary for the holding of said consolidatedelection.
Section 4. The City of Morro Bay recognizes that additional
costs will be incurred by the County by reason of this consolida-
tion and agrees to reimburse the County for any such costs.
Section 5. That the City Clerk of the City of Morro Bay is
hereby directed to file a certified copy of this resolution with
the Board of Supervisors and the County Clerk of the County of
San Luis Obispo.
On motion by MayQTiQPnohoo . and seconded by Councilman
Brown , 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 Brown, Mitchell and Mayor Donohoo
NOES: Councilmen Jennings and Pipitone
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
M. EN, Cit. Clerk
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 56 -74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
THE 5TH DAY OF NOVEMBER, 1974, FOR THE SUB-
MISSION TO THE QUALIFIED ELECTORS OF SAID
CITY CERTAIN MEASURES RELATING TO ELECTION
AND TERM OF OFFICE OF THE MAYOR AND CONSOL-
IDATING SAID ELECTION WITH THE STATE -WIDE
GENERAL ELECTION TO BE HELD ON SAID DATE.
WHEREAS, a petition has been filed with the legislative
body of the City of Morro Bay by registered voters of the City of
Morro Bay submitting a proposed measure relating to election and
term of office of the Mayor; and
WHEREAS, the City Council of the City of Morro Bay is
authorized by statute to submit such measure to the qualified
voters;
NOW,.THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities within said
State, there shall be, and there is hereby called and ordered, held
in the City of Morro Bay, County of San Luis Obispo, State of California,
on Tuesday, the 5th day of November, 1974, a Special Municipal Election
of the qualified electors of said City for the purpose of submitting
the following questions, to wit:
: Shall the electors elect a : YES :
: Mayor and four City Council- :
: men?
NO .
Shall the term of office of . YES •
• Mayor be two years?
NO
•
: Shall the term of office of : YES :
: Mayor be four years?
NO .
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 provided
shall be counted against the adoption of the question or proposition.
SECTION 2. That the special election hereby called for the
date hereinbefore specified shall be' and is hereby ordered consolidated
with 'the statewide general election to be held on said date, and within
said city the 'precincts, polling places and officers of election for
RESOLUTION, NO. 56 -74
Page Two
the special municipal election hereby called shall be in the same as
those provided for said statewide general election. The Board of
Supervisors of San Luis Obispo County is hereby requested to order the
consolidation of the' special municipal • election hereby called with
said statewide general election, and said Board of Supervisors is hereby
authorized to canvass the returns of said special municipal election,
and said elections shall be held in all respects as if there were only
one election, and only one form of. ballot, namely, the ballots used at
said general election, shall be used. Said Board of'Supervisors shall
certify the results of the canvass of the returns of said special '
municipal 'election of the City Council of said city which shall there-
after declare the results the•reof.. A preposition submitted by this
resolution' shall be designated on the ballot by a letter printed on the
left margin of the square containing the description of the measure,
as provided in Section 10231 of the Elections Code.
SECTION 3. 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 4. 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 CMayor_;Donohoo and seconded by
Councilman. Brown , 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 Brown, Mitchell and Mayor Donohoo,
NOES: Councilmen Jennings and Pipitone
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
FRED R. DONOHOO, Mayor
RESOLUTION NO. 55 -74
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 18
FROM GEORGE F. BAIER AND RONALD L. MYERS TO
ZEKE'S WHARF
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 George F. Baier and
Ronald L. Myers to transfer leasehold interest in Lease Site
No. 18 to ZEKE'S WHARF, a partnership composed of George F. Baier
IV, Emil J. Stober, George F. Baier III, and William H. Baier;
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 George F. Baier and Ronald L.
Myers of the leasehold interest in Lease Site
No. 18, to ZEKE'S WHARF, a partnership composed
of George F. Baier IV, Emil J. Stober, George
F. Baier III, and William H. Baier; 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 Jennings and seconded by Councilman
Brown , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: August 12, 1974
ATTEST:
M. L. ARDEN, City Clerk
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 54 -74
RESOLUTION ACCEPTING DEED FROM
W. STUART POTTER AND THELMA J. POTTER, 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 W. Stuart Potter and Thelma J. Potter,
husband and wife as joint tenants, for all that real property
described as Lots 1 and 2 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; 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 Jennings and seconded by
Councilman Brown , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: July 22, 1974
ATTEST:
WARDEN, City Clerk
FRED OHOO, Mayes or ' "
RESOLUTION NO.. 53 -74
RESOLUTION CALLING FOR A CONTRACT WITH
THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT 'PARTICIPATION
T H E CITY C O U N C I L
City of-Morro Bay, California
WHEREAS, California Vehicle Code Sections 9250.7 and
22710 provide for an Abandoned Vehicle Trust Fund and a
method of disbursement of funds to local agencies that
participate in the Abandoned Vehicle Abatement Program; and
WHEREAS, the City of Morro Bay has adopted an ordinance
in accordance with the California Vehicle Code providing
for the Abatement of Abandoned Vehicles; and
WHEREAS, the City of Morro Bay desires to participate
in the Abandoned Vehicle Abatement,.Program and share in the
monies in said Abandoned Vehicle Trust Fund.
NOW, THEREFORE, BE IT RESOLVED that the City of Morro
Bay participate in the Abandoned Vehicle Abatement Program
and call for a contract with the Department of California
Highway Patrol for participation in said Abandoned Vehicle
Abatement Program.
On motion by Councilman Jennings and seconded by
Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: July 22, 1974
ATTEST:
M. L. WARDEN,-City Clerk.
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 52 -74
RESOLUTION REQUESTING GENERAL PLAN ELEMENT
TIME EXTENSIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS', the Government Code of the State of California,
in Chapters 3 and 4 of Title 7, directs each city and county
to prepare and adopt a comprehensive, long-term general plan,
and,
WHEREAS, the general plan is composed of a number of
separate elements, and,
WHEREAS, the Council on Intergovernmental Relations has
established a deadline for the completion of the general plan
elements, and
WHEREAS, the seismic safety element, the noise element, the
safety element, the scenic highway element are required to be
prepared and adopted by September 20, 1974, and
WHEREAS, Section 65302.2 of the Government Code authorizes
that the Council on Intergovernmental Relations, upon appli-
cation by a city or county, may, in cases of extreme hardship,
grant an extension of the due dates for such elements for a
reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay
finds that an extreme hardship exists in meeting the established
deadline dates for the Noise, Scenic Highway and Safety elements.
BE IT FURTHER RESOLVED THAT the City of Morro Bay is hereby
requesting.a time extension for the preparation and adoption of
the Noise, Scenic Highway and Safety elements as indicated on
Exhibit "A ", the "Request for General Plan Element Extensions."
On motion by Councilman Jennings and seconded by
Councilman Pipitone , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None!
ABSENT: None
ADOPTED: July 22, 1974
ATTEST:
%-ce /4
. E. WARDEN, CITY CLERK
FRED R. DONOHOO, MAYOR
• •.
•QUEST FOR- 1
GENERAL PLAN ELEMENT EXTENSIONS
o 'a /4 5
Jlu: i i,di.c.U.on Contact Pc son 'Norma Dengler
*San Luis Obispo County
& Cities Aran Panning Coordinating Council
Iudicttc the e(.ea;el�t(•s) o:':,ich I :c.cd to be extended and the a;:.tc.
date.
Noise
Scenic Highway
Safety
by September 20, 1975
by September 20, 1975
by September 20, 1975
Phone ,1';m1beA.
(805) 543 -1550
Ext. 215
a,ted compettco;
Jft t4.ica,tcon (.idel-ti.6y and deacittbe .the appZLccb.Ce cstUet..ia joind on the back o$
tk16 6c, un, u4e addbeionat pages as nece44aAy) . •
On April 24, 1974, the San Luis Obispo County and Cities Area Planning
Coordinating Council passed a motion authorizing staff to present a request
to all jurisdictions in the region that they seek a time extension on the
Noise Element and the Scenic Highway Element.
the San Luis Obispo Area Council has proposed an intergovernmental program
to develop the Noise Element and the Scenic Highway Element. • The adopted
overall work program of the Area Council includes a program element for a
regional noise element and the coordination of a scenic highway element.
1. A joint powers agreement between the cities and the County will be for-
mulated for the development of the Noise Element.
2. The Safety Element will be developed utilizing data from the Seismic
Safety Element. It is anticipated that a joint powers agreement will be
formulated with forestry, medical and transportation agencies in the develop
ment of the Safety Element.
A joint planning effort will require an extended period of time to coordinat
the planning program and allow for adequate public input and public hearings
in each jurisdiction.
3. An intergovernmental adoption process will be utilized for the Noise,
Scenic Highway and Safety Elements.
At present, data for both the noise element and scenic highway element is
being developed for the Regional Transportation Plan which is scheduled for
completion by December 31, 1974. With respect to scenic highways, the
County of San Luis Obispo is preparing a map which will indicate areas of
critical concern, including scenic areas suitable for inclusion in a scenic
highway corridor.
4. The development of the Safety and Scenic Highway elements will rely on
in -kind staff input from the cities and the County. The Noise Element will
I be prepared by utilizing in -kind staff services of the local agencies and
cash input as detailed in the joint powers agreement.
The County has encumbered monies for a noise consultant but the scope of
work will have to be predicated on the outcome of a pending Noise /Planning
At:i:. 1.'lt:
Rosoluti.on From th..: yovurninq bcdy
Work Prognim Env completion of the clement(s)
Ti10. •tnhh for rnrt7Ltt%.ion
Program proposal by the Airport Land Use Planning Commission. This
later budget request will not be finalized until August, 1974.
*County of San Luis Obispo
City of Arroyo Grande
City of Grover City
City of Morro Bay
City of Paso Robles
City of Pismo Beach
City of San Luis Obispo
•
RESOLUTION NO. 51 -74
RESOLUTION APPROVING AGREEMENT
WITH MORRO BAY CHAMBER OF'COMMERCE
FISCAL YEAR 1974 -75
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 made by Councilman Jennings and
seconded by Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: July 22, 1974
ATTEST:
WARDEN, Ci y Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 50 -74
RESOLUTION CONFIRMING CANVASS
OF SPECIAL MUNICIPAL BOND ELECTION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Board of Supervisors of San Luis
Obispo County has duly canvassed or caused to be
canvassed the votes cast in the City of Morro Bay by the
voters of the City upon the measure hereinafter set forth
at the special municipal bond election consolidated with
the State of California Direct Primary Election held on
June 4, 1974, and has certified to this City Council the
result of the votes cast at said election upon said measure,
which said certification is now on file in the office of
this City Clerk;
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Morro Bay, as follows:
Section 1. The canvass and the result of said
election as shown by said certification is hereby ratified,
confirmed and approved, and the City Clerk is hereby
directed to enter this resolution on the minutes of this
City Council as a statement of the result of said election.
Section 2.
At said election the following measure
for incurring an indebtedness of the City was submitted to
the voters of the City and the number of votes cast in the
City for and against said measure was as follows:
RESOLUTION NO. 50 -74
Page Two
TOTAL TOTAL
VOTE VOTE
"YES" ' "NO"
MEASURE: Shall the City of.Morro Bay incur
( Wasfewater a bonded indebtedness' in the
Reclamation principal amount of $450,000 for
Facilities) the acquisition, construction and
completion of the following municipal
improvement, to wit: Wastewater reclamation facil-
ities, comprising a filtration and reclamation system
for effluent wastewater consisting of an equalization
tank, filtration facilities, an effluent pump station,
force mains, surge control facilities, aeration
facilities, irrigation facilities, a storage reservoir,
spray' disposal facilities and a flocculation-sedi-
mentation basin, together with necessary pipes, pumps,
filters, machinery, control equipment and lands there-
for; and other works, property or structures necessary
or convenient for wastewater reclamation facilities
for the City of Morro Bay? 1,696 998
Section 3. The total number of votes cast in the City
at said special municipal bond election and the total number of
votes given in each precinct and by absentee voters of the City
for and against said measure was and is set forth in said
certification.
:Section 4. Less than two- thirds (2/3) of the votes
cast at said special municipal bond election on said measure
were in favor of said measure and said measure failed
On motion by Councilman Jennings and seconded by
Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES:. None
ABSENT: None
ADOPTED: July.22, 1974
ti b
RED. R.
ATTEST:
M. L. :WARDEN, City Clerk
DONOHOO, Mayor
•
RESOLUTION NO. 49 -74
RESOLUTION APPROVING AGREEMENT WITH
SAN LUIS OBISPO COUNTY HOTLINE, 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:
RESOLVED that the agreement by and between the
City of Morro Bay and San Luis Obispo County Hotline,
Inc., 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 San Luis Obispo County Hotline, Inc.
On motion made by Councilman Jennings and
seconded by Councilman Brown , 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 Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: July 22, 1974
ATTEST:
WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 48 -74
RESOLUTION ADOPTING A POSITIONS CLASSIFICATIONS
AND SALARY SCHEDULE,
DESCRIBING METHODS OF ADVANCEMENT
AND REPEALING PREVIOUS SALARY RESOLUTIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council has adopted a
Personnel System by Ordinance No. 21, passed and adopted
on March 23, 1965; and
WHEREAS, said ordinance requires that a position
classification plan be adopted which covers all positions
in the competitive service and a plan of compensation
directly correlated with the position classification plan:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Morro Bay that, effective July 1, 1974, the
employees of the City of Morro Bay.shall be assigned to
position classifications as set forth in that certain docu-
ment entitled "Position Classification and Salary Review ",
dated May 1965, as amended; and
BE IT FURTHER RESOLVED that Resolution No. 41 -73
passed and adopted on June 25, 1973, is hereby repealed as
of July 1, 1974; and
BE IT FURTHER RESOLVED that said employees shall be
assigned to salary steps within the respective pay range of
the position classification as set,forth in the following
sections which are hereby adopted as follows:
Resolution No. 48 -74
Page Two
SECTION 1 = POSITION CLASSIFICATIONS AND MONTHLY SALARY RANGES
Department Head'Ciasses
Assistant City Administrator/
Director of Finance /City Treasurer 39 1199 -1500
Fire Chief 39 1199 -1500
Police Chief 39 1199 -1500
Director of Public Works 39 1199 -1500
Deputy Director of•Public Works/
Registered Civil Engineer 39 1199 -1500
Planning Director 39 1199 -1500
Engineering and Building Inspection Cl'ass'es
Civil Engineering Assistant II 31 959 -1199
Chief Building Inspector 31 959 -1199
Civil Engineering Assistant I 26 833 -1047
Principal Engineering Aide 23 766- 959
Building Inspector 22 748- 933
Senior Engineering Aide 17 653- 810
Drafting Aide 12 565- 710
'Range Salary
Administrative, Fiscal, and Clerical Classes
Planning and Building Superintendent - 33 1018 -1269
Administrative Assistant 33 1018 -1269
Accountant 27 860 -1076
Administrative Aide 17 653- 810
Administrative Secretary /Deputy City Clerk 17 653- 810
Account Clerk II 14 597- 748
Stenographer 13 583- 727
Account Clerk I 9 525- 653
Dispatcher Clerk 9 525- 653
Records Clerk 9 525- 653
Typist Clerk II 8 509- 633
Typist Clerk I 4 454 -,565
Library and Recreation Classes
Director of Parks and Recreation 33 1018 -1269
City Librarian 31 959 -1199
Recreation Director 29 911 -1134
Senior Librarian 21 727- 911
Junior Librarian 17 653- 810
Maintenance and Related Classes
Public Works Superintendent 33 1018 -1269
Utilities Foreman 29 911 -1134
Chief Harbor Patrolman 26 833 -1047
Harbor Patrolman 20 710- 886
Maintenance Leadman 18 669- 833
Waterworks Serviceman 17 653- 810
Mechanic 17 653- 810
Maintenance Man 15 617- 766
Groundskeeper 12 565- 710
Janitor - 10 537- 669
6
Resolution No. 48 -74
Page Three
Police 'and Fire'Clas'ses ' Range Salary
Police Captain 33 1018 -1269
Assistant Fire' Chief 33 1018 -1269
Fire Marshal 30 933 -1165
Police Lieutenant 30 933 -1165
Police Sergeant . 28 886 -1106
Fire Captain 28 886 -1106
Police Detective 26 833 -1047
Police Juvenile Investigative Officer - 26 833 -1047
Police Officer 24 788- 989
Fire Engineer . 24 788- 989
Fireman 22 748- 933
Policewoman 21 727- 911
Utility Plant Classes
Sanitation Superintendent 29 911 -1134
Disposal Plant Operator II 18 669- 833
Disposal Plant Operator I ; 15 617- 766
•
Resolution No. 48 -74
Page 'Four
SECTION 2 SALARY RANGES AND STEP SCHEDULE FOR EMPLOYEES WITHIN
CLASSIFICATION PLAN
2 5
Nrml First Full Abv. Otsdg
Rng. Hrly Hire Inctv Qulf Avg. Perf
No. Rate ' Rate Rate ' Rate Rate Rate
1 2.39 415 438 465 490 525
2 2:45 426 454 481 509 537
3 2.52 438 465 490 525 551
4 2.61 454 481 509 537 565
5 2.68 465 490 525 551 583
6 2.77 481 509 537 565 597
7 2.82 490 525 551 583 617
8 2.93 509 537 565 597 633
9 3.02 525 551 583 617 653
10 3.09 537 565 597 633 669
11 3.17 551 583 617 653 690
12 3.25 565 597 633 669 710
13 3.36 •583 617 653 690 727
14 3.44 597 633 669 710 748
15 3.55 617;, 653 690 727 766
16 3.65 633 669 710 748 788
17 3.76 653 690 727 766 810
18 3.85 669 710 748 788 833
19 3.98 690 727 766 810 860
20 4.09 710 748 788 833 886
21 4.19 727 766 810 860 911
22 4.31 748 788 833 886 933
23 4.41 766 810 860 911 959
24 4.54 788 833 886 933 989
25 4.67 810 860 911 959 1018
26 4.80 833 886 933 989 1047
27 4.96 860 911 959 1018 1076
28 5.11 886 933 989 1047 1106
29 5.25 911 959 1018 1076 1134
30 5.38 933 989 1047 1106 1165
31 5.53 959 1018 1076 1134 1199
32 5.70 989 1047 1106 1165 1232
33 5.87 1018 1076 1134 1199 1269
34 6.04 1047 1106 1165 1232 1306
35 6.20 1076 1134 1199 1269 1341
36 6.38 1106 1165 1232 1306 1379
37 6.54 1134 1199 1269 1341 1419
38 6.72 1165 1232 1306 1379 1459
39 6.91 1199 1269 1341 1419 1500
40 7.10 1232 1306 1379 1459 1538
41 7.32 1269 1341 1419 1500 1579
42 7.53 1306 1379 1459 1538 1623
43 7.73 1341 1419 1500 1579 1664
44 7.95 1379 1459 1538 1623 1712
45 8.18 1419 1500 1579 1664 1756
46 8.41 1459 1538 1623 1712 1805
47 8.65 1500 1579 1664 1756 1851
48 8.87 1538 1623 1712 1805 1904
49 9.10 1579 1664 1756 1851 1956
50 9.36 1623 1712 1805 1904 2009
•
Resolution No. 48 -74
Page Five
SECTION 3 RJJLES GOVERNING STEP 'INCREASES
A. The following rules shall govern step increases for all
permanent employees hired hereafter:
(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 advancement by the department head and approved by
the Administrative Officer. The .first six months,
regardless at which step employment begins, is the pro-
bationary 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.
(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 employmerit shall be 'as follows:
Resolution No.
Page Six
• •
48 -74
(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 probationary
period.
4
•
Resolution No. 48 -74
Page Seven
SECTION '4 SCHEDULE OF.SAL'ARIES FOR POSITIONS NOT.WITHIN THE
'CLASSIFICATION PLAN AND SALARY SCHEDULE
A 'App'ointed Officers
City Clerk
$ 1.00 per month
City Treasurer $ 1.00 per month
B Miscellaneous Employee Classifications
Part -time Help
School Crossing Guard $ .A-2.65 per hour
Extra Help Minimum hourly rate
for classification
Summer - Temporary Help
Recreation Supervisor $ 3.71 per hour
Sports Coordinator $ 2.50 per hour
Arts & Crafts Coordinator $ 2.50 per hour
Tiny Tots Coordinator $ 2.50 per hour
Tiny Tots Assistant $ 2.00 per hour
Senior Citizens Coordinator $ 2.50 per hour
Camp Director $ 2.50 per hour
Playground Leaders $ 2.15 per hour
Student Workers $ 1.90 per hour
Student Draftsman $ 2.00 per hour
Beach Lifeguard /Harbor
Maintenance $ 2.00 per hour
Volunteer Firemen $ 25.00 per month plus
$ 5.00 per emergency
or call back
Police Reserves
Overtime Pay
$ 25.00 per month
Time and one -half com-
puted at individual's
current hourly rate as
required by the Fair
Labor Standards Act and
Memoranda of Understanding,
if applicable. All other
employees, except manage-
ment classes, overtime
computed at straight hourly
rates.
0
Resolution No. 48 -74
Page Eight
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None.
ABSENT: Councilman Mitchell
ADOPTED: July 8, 1974
ATTEST:
7,
. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
4
RESOLUTION NO. 47 -74
RESOLUTION APPROVING UNITED STATES COAST GUARD
LEASE #DOT -CG12 -4532 FOR THE PERIOD
JULY 1, 1974 THROUGH JUNE 30, 1975
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 Lease #DOT -CG12 -4532 dated May
20, 1974, by and between the City of Morro Bay and the
United State 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,
1974 to and including June 30, 1975; and
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute the lease renewal
document for and on behalf of the City of Morro Bay.
On motion made by Councilman Jennings and seconded
by Councilman Brown , the City Council of the City
of Morro Bay hereby adopts the foregoing proposed resolu-
tion in its entirety on the following roll call vote:
AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Mitchell
ADOPTED: June 24, 1974
ATTEST:
4a 4[,
M. L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 46 -74
RESOLUTION APPROVING GRIEVANCE PROCEDURES
FOR THE EMPLOYEES 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, Section 2.32.050(K) of the Morro Bay Municipal Code
states that the City will establish grievance and appeal procedures;
and
WHEREAS, Resolution No. 74 -69 entitled "Employer- Employee
Relations'Resolution of the City of Morro Bay ", established procedures
for conducting employer - employee relations in accordance with Chapter
10, Division 4, Title 1 of the Government Code of the State of
California; and
WHEREAS, the purpose of Grievance Procedures is to:
1. Promote improved employer- employee relation-
ships by establishing grievance procedures on
matters for which appeal is not provided by
other regulations;
2. Afford employees individually or through re-
cognized employee organizations a systematic
means of obtaining further considerations of
problems after every reasonable effort has
failed to resolve them through discussions;
3. Provide that grievances shall be settled as
near as possible to the point of origin;
4. Provide that the grievance procedure shall be
as informal as possible.
NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council
hereby approves and adopts the attached Grievance Procedures to be
effective as of the date of this resolution.
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Mitchell
ADOPTED: June 24, 1974
FRED R. DONOHOO, Mayor
ATTEST:
M. L. WARDEN, City Clerk
•
' GRIEVANCE PROCEDURES
FOR THE
CITY OF MORRO BAY
Purpose of the Procedure
The'primary purpose of this procedure shall be to provide a
means whereby an employee, without jeopardizing his employment,
can express a personal grievance relating to his wages, hours of
work, and working conditions, and obtain a fair and equitable
disposition of his grievance.
Definition of Informal Grievance
An informal grievance is defined as a verbal disagreement by
an employee expressed to his supervisor with a request to infor-
mally discuss the grievance with the supervisor and /or the
department head.
Definition of Formal Grievance
A formal grievance shall be defined as any written complaint
of an employee filed with his immediate supervisor within thirty
(30) days of the subject of the grievance relating to his wages,
hours of work, and working conditions.
Informal Discussion with Supervisor
An employee shall first pursue all informal grievances with
his supervisors and at any time that the employee or the super-
visor or department head deem that the informal grievance is a
formal grievance, the employee may reduce it to a formal written
grievance. An employee with an informal grievance is encouraged
first to attempt to resolve the problem by discussing it informally
with his first line supervisor before filing a written grievance.
Formal Conference with Supervisor
If an employee does not obtain satisfaction of his informal
grievance by means of an informal discussion with his supervisor,
or if he, is unable to communicate with his supervisor, he and /or
his representative may, by written grievance, request and shall be
accorded a formal conference within ten (10) days with the super-
visor and /or department head. The decision of the supervisor shall
be reported to the employee and /or his representative within five
(5) business days of the date the conference was held with the
supervisor.
Departmental Review
In the event the employee does not obtain satisfaction at any
level of review by means of informal or formal grievance and a
formal conference with his supervisors, he and /or his representa-
tive may submit the grievance in writing to the supervisor or
department head. The procedure to be followed by the supervisor
who receives a grievance in writing shall be established by each
department head for his department, and shall include review of
the grievance by the immediate supervisor and such successively
higher levels of management as may be determined by the department
head. A cumulative record of the decision and the reason for the
decision at each level of review shall be maintained. The ultimate
decision shall be that of the department head. The decision must
be reported to the employee in writing within ten (10) business
•
GRIEVANCE PROCEDURES
Page Two
days of the date that the request for departmental review was sub-
mitted to the supervisor.
Appeal to the City Administrator
In the event the employee does not obtain satisfaction by means
of the departmental review, he and /or his representative shall submit
the grievance in writing to the City Administrator within 10 days
after notification of the departmental decision is given to the
employee. The City Administrator may meet with the employee and /or
his representative and the department head before making a decision;
or may waive administrative review and refer the grievance directly
to a committee of the City Council appointed to hear grievances.
A copy of his decision on the matter must be presented to the employee
within ten (10) business days of the date the grievance was filed
with the City Administrator.
Submission to a Committee of the City Council
In the event that the employee does not obtain satisfaction
by means of the administrative procedures outlined above, he may
request a hearing by a committee of the City Council. The hearing
shall be held by the committee within fifteen (15) business days
of the date of receipt of the request at the convenience of all
parties, unless waived by common consent of the employee and the
department head. The hearing shall be informal. The employee and/
or his representative, the department head and /or the City Admin-
istrator shall appear before the committee to present facts pertinent
to the case. The burden of proof shall rest with the employee.
The committee shall limit its review of the grievance to the subject
matter contained in the previous steps of the grievance procedure
and shall make its decision within thirty days after the termination
of the hearing unless a reasonable time extension is deemed necessary
and all parties are notified.
Time Limits
In case the time limits outlined above are not observed by the
representative of the City, the employee and /or his representative
shall have the right to carry the grievance directly to the next
higher '. level of review.
GROUP GRIEVANCE PROCEDURE
The recognized employee organizations may present a general
grievance (affecting several employees) in writing directly to the
City Administrator. Upon receipt of such a grievance, the City
Administrator shall establish a time for a hearing, at which time
all affected parties may appear before the City Administrator to
present facts pertinent to the issue. The decision of the City
Administrator shall be presented to all parties concerned within
fifteen (15) business days and shall be appealable by the group to
a committee of the City Council for their findings and recommenda-
tions within thirty (30) days. If either party wishes to appeal,
they may file an appeal with the City Council as a whole within
five (5) working days of the final decision of the committee of the
City Council.
•
RESOLUTION NO. :45 =74
RESOLUTION AMENDING PROCEDURES AND GUIDELINES
GOVERNING THE ENVIRONMENTAL IMPACT REPORTS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, amended procedures and guidelines governing
Environmental Impact Reports have been adopted by the City Council
of the City of Morro Bay by Resolution No. 22 -74 in accordance with
State mandated regulations; sand
WHEREAS, certain modifications for handling Environmental
Impact Reports appear necessary in order to avoid unnecessary delay
in processing said reports; and
WHEREAS, it is in the best interest of the public that the
City Council of the City of Morro Bay adopt these modified pro-
cedures and guidelines for processing Environmental Impact reports:
NOW, THEREFORE, BE IT RESOLVED. that the City Council does
approve and adopt the amended procedures and guidelines attached
hereto; and
BE IT FURTHER RESOLVED that the City Attorney, City Administra-
tor, City Planning Department and City Planning Commission are here-
by directed and authorized to implement and enforce these procedures
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 Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Mitchell
ADOPTED: June 24, 1974
ATTEST:
M. L. ARDEN, City Clerk
FRED R. DONOHOO, Mayor
•
1973, involves a greater degree of responsibility and control over
the project as a whole.
5003. No environmental redetermination shall be made nor any
new EIR ordered or prepared by the City on any project for which an
environmental determination was made or an EIR ordered before April
5, 1973.
ARTICLE VI. EXCEPTIONS TO CEQA
6001. The following emergency projects are exempt from the
requirements of CEQA:
(a) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result
of disaster in a disaster stricken area in which a state
of emergency has been proclaimed by the Governor pursuant
to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
(b) Emergency repairs to public service facilities necessary
to maintain service.
(c) Projects undertaken as immediate action necessary to
prevent or mitigate an emergency.
6002. A project involving only feasibility or planning studies
for possible future actions which the City Council or City agency
has not approved, adopted, or funded does not require the prepara-
tion of an Environmental Impact Report, but does require considera-
tion of environmental factors.
ARTICLE VII. PROCEDURES
7001. Determination of Categorical Exemption: Any project under-
taken or to be approved by the City shall first be reviewed by the
Coordinator (as defined herein) to determine whether it is categorically
or otherwise exempt from the operation of CEQA.
(a) When the Coordinator determines that a project is exempt
from the requirements of CEQA because it is an emergency project, a
ministerial project or categorically exempt, and the City approves or
determines to carry out the project, it shall file a notice of exemption.
Such a notice shall include (1) a brief description of the project, (2)
a finding that the project is exempt, including a citation to the State
Guidelines section under which it is found to be exempt, and (3) a brief
statement of reasons to support the finding.
(b) The notice of exemption shall be filed with the County Clerk.
(c) Any person desiring to appeal such exempt determination shall
file an appeal with the Planning Department within thirty -five (35) days
of the determination date. The Planning Commission shall hear such appeal
at the first regularly scheduled date of Planning Commission meeting.
(d) Although the Coordinator may determine that a project is
categorically or otherwise exempt from the operation of CEQA, the
Planning Commission or City Council may make a different determination
during the course of any of its hearings concerning such project.
7002. Initial Review - Non - Exempt Status: If it is determined
that the project is not exempt, then the Coordinator shall request
information sufficient to determine whether or not the project may have
a significant effect on the environment. The information shall not
be limited to "yes" or "no" responses to questions, nor shall it be
merely conclusions that there is no environmental effect. It must
contain declaratory statements volunteering sufficient information
about the purpose and scope of the project and the setting in which
it will occur to enable the environmental significance to be assessed.
7003. Coordinator Recommendations to Planning Commission: The
Coordinator shall make a recommendation to the Planning Commission as
to whether or not the proposed project may have a significant effect
on the environment, and shall set the matter on the Planning Commission's
agenda for an environmental determination. If preparation of an
Environmental Impact Report (EIR) is recommended, the applicant shall
be notified of the date and approximate time of the hearing by the
Planning Commission.
7004. Planning Commission Determination - No Significant
Environmental Impact: The Planning Commission shall determine whether
or not a project may significantly affect the environment. If the
Planning Commission finds, based on the information submitted and
the evaluation of the Coordinator, that the proposed project will not
significantly affect the environment, then a Negative Declaration
shall be prepared and made available to the public in the office
of the coordinator and the processing of the project shall proceed
in the customary manner. A Negative Declaration must include a brief
description of the project as proposed, a finding that the project
will not have a significant effect on the environment, a brief state-
ment indicating who prepared the initial study and where a copy of it
may be obtained. The Negative Declaration should normally not exceed
one page in length.
7005. Finding of Negative Declaration - Commencement of Project:
Any approval given to the Project shall not become effective until the
fourteenth . day following the filing of the Negative Declaration.
any documents relating to the project, including its listing on any
agenda, shall thereafter bear note of the date of filing of the
Negative Declaration.
7006. Planning Commission Determination - Significant Environmental
Effect: If the Planning Commission determines that a project may have
a significant effect on the environment, then it shall order the
preparation of an EIR and determine the degree of specificity required
in the EIR.
•
7007. City Projects: These procedures shall be followed on all
City projects except that the City Council, instead of the Planning
Commission, shall make all necessary determinations under these
procedures as to matters which cannot be finally acted upon or denied
by the Planning Commission. In the event an EIR is required, the head
of the department carrying out the project shall be responsible for
• preparation of the draft of the EIR which shall be submitted to the
Coordinator for review and distribution.
7008. . Consideration of Environmental Impact Report Prior to
Project Approval: Once an EIR has been ordered for a project, no
approval may be given for the project or any portion thereof except
after consideration of the EIR.
7009. • Waiver of Finding of Significant Effect: Any City agency or
applicant may waive the determination as to possible significant
effect by the Planning Commission and voluntarily submit a draft or
final EIR on the project for which approval is sought. A written
waiver shall accompany the application or request for approval.
-6-
RESOLUTION NO. 44 -74.
RESOLUTION ACCEPTING TAX - DEEDED PROPERTY
AND CONSENTING TO 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
Deeds from the County of San Luis Obispo for all that real
property described in said Deeds, copies of which are
attached hereto and, by reference, made a part hereof; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby directed to file this resolution together with the
original of said Deeds in the office of the County Recorder
of the County of San Luis Obispo.
On motion by Councilman Jennings and seconded by
Councilman Brown , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Mitchell
ADOPTED: June 24; 1974
ATTEST:
WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 43 =74
RESOLUTION APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1974 -75
T H E C I T Y co U N C.I L
City of Morro Bay, California
WHEREAS, a city is required to make, from time to time,
a variety of expenditures in order-to provide day -to -day
service for which it is responsible;- and
WHEREAS, the City Council finds and determines that
the efficiency and economy of City government would be
substantially impaired if such expenditures could not be
made or such obligations incurred on a daily basis as the
need arises; :and
WHEREAS, Section 37208 of the Government Code of the
State'of California provides that payment or demands con-
forming to a budget approved by ordinance or resolution
need not be audited by the City Council prior to payment:
NOW, THEREFORE, BE IT RESOLVED that that certain
document entitled "Final Budget, City of Morro Bay, Fiscal
Year 1974 -75 ", is hereby approved and adopted as the Final
Budget for Expenditures for the City of Morro Bay for the
Fiscal Year 1974 -75.
On motion by Councilman Jennings and seconded by
Councilman Brown , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Pipitone and Mayor. Donohoo
NOES: None
ABSENT: Councilman Mitchell
ADOPTED: June 24, 1974
ATTEST:
M. . WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
RESOLUTION NO. 42 -74
RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 120
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. 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 Jennings and seconded
by Councilman Brown , the Morro Bay City Council
hereby adopts the foregoing proposed resolution in its
entirety on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone
and Mayor Donohoo
NOES:
None
ABSENT: None
ADOPTED: June 10, 1974
ATTEST:
L. WARDEN, City Clerk
4C--a
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 41-74
RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115
TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC.
T H E C I T Y COUNCIL
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 Mitchell 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: June 10, 1974
ATTEST:
M. L. WARDENlerk
City
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 40 -74
RESOLUTION APPROVING THE RENEWAL OF
UNITED STATES COAST GUARD LEASE #DOT -CG12 -4020 FOR
THE PERIOD JULY 1, 1974 THROUGH JUNE 30, 1975
THE 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 June 1, 1972, 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, 1974 to and including June 30, 1975;
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 Jennings and seconded by
Councilman Pipitone , 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 Brown, Jennings, Mitchell, Pipitone and
.Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: June 10, 1974
ATTEST:
cie;
. WARDEN, City Clerk
et-e-G/Of .
FRED R. DONOHOO, Mayor
RESOLUTION NO. 39 -74
RESOLUTION APPROVING CHANGING NAME OF TENANT ON LEASE
LEASE SITE NO. 50 & 50W
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Lee K. Jordan and Kathryn H. Jordan, husband and
wife, did. on March 13, 1961, enter into a lease with the County
of San Luis Obispo for Lease Sites No. 50 and 50W; and
WHEREAS, Lee K. Jordan and Kathryn H. Jordan did subsequently
assign their leasehold interests in Lease Site No. 50 and 50W to
Arthur R. Fry and Elaine K. Fry; and
WHEREAS, Elaine K. Fry has transferred her right, title and
interest to said lease to Arthur R. Fry;
NOW, THEREFORE, BE IT RESOLVED that the name of tenant in
the lease for Lease Sites No. 50 and 50W be changed from Arthur
R. Fry and Elaine K. Fry to read Arthur R. Fry only.
On motion by Councilman Mitchell and seconded by Councilman
Brown , the City Council of the City of Morro Bay hereby
adopts in its entirety the foregoing proposed resolution on the
following roll call vote:
AYES: Councilman Brown, Mitchell, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Jennings
ADOPTED: May 28, 1974
ATTEST:
M. L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
RESOLUTION NO. 38 -74
RESOLUTION APPROVING SUBMISSION OF,REVISED 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 revised Annual Transportation Claim,
with attachments, of the City of Morro Bay, California, for
fiscal year 1973 -74, dated May 28, 1974, 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 revised claim and attachments for and
on behalf of the City of Morro Bay; and
BE IT FURTHER RESOLVED that the City of Morro Bay designates
the planning apportionment ($5,370.85) to the Area Council for
the purpose of developing the Regional Transportation Plan as
required by Assembly Bill No. 69; and
BE IT FURTHER RESOLVED that said revised claim and attachments
be forwarded to the San Luis Obispo County and Cities Area Planning
Coordinating Council.
On motion by 7c.LMayo'r_Donohoo and seconded by Councilman
Brown , 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 Brown, Mitchell, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Jennings
ADOPTED: May 28, 1974
ATTEST:
M. . WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
RESOLUTION NO. 37 -74
RESOLUTION AMENDING RESOLUTION NO. 34 -74
APPROVING ASSIGNMENT OF LEASE FROM CONTINENTAL HOSTS, INC.,
TO GOLDEN TEE MOTEL, INC.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council adopted Resolution No. 34 -74 on
May 13, 1974, assigning a portion. of Lease Site No. 27W from Con-
tinental Hosts, Inc., to Golden Tee Motel, Inc.; and
WHEREAS, the proper corporation name for assignee is The
Golden Tee:
NOW, THEREFORE, BE IT RESOLVED that any reference to Golden
Tee Motel, Inc. in Resolution No. 34 -74 is hereby amended to
read THE GOLDEN TEE.
On motion by CMaycitIDonohoo and seconded by Councilman
Brown , 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 Brown, Mitchell, Pipitone and Mayor Donohoo
NOES: None
ABSENT: Councilman Jennings
ADOPTED: May 28, 1974
FRED R. DONOHOO, Mayor
ATTEST:
M. L. WARDEN, City Clerk
• •
RESOLUTION NO. 36 -74
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 1974 -75, dated May 13, 1974, 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 attachments for and on be-
half of the City of Morro Bay; and
BE IT FURTHER RESOLVED that the City of Morro Bay designates
the planning apportionment ($12,652.35) to the Area Council for
the purpose of developing the Regional Transportation Plan as
required by Assembly Bill No. 69; and
BE IT FURTHER RESOLVED that said claim and attachments be
forwarded to the San Luis Obispo County and Cities Area Planning
Coordinating Council.
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: May 13, 1974
ATTEST:
M. L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 35 -74
RESOLUTION APPROVING A COOPERATIVE PROCESS
FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, The Congress of the United States has, in the Federal
Aid Highway Act of 1973, declared it to.be in the national interest
for Federal funds to be expended for highway projects on the Federal
Air Urban System or to be 'traded" for General Funds for capital
improvements for rail or bus mass transit systems in urbanized areas;
and
WHEREAS, based on the 1970 Census, the Bureau of the Census has
designated the City of Morro Bay as an Urban area within San Luis
Obispo County, and
WHEREAS, before Federal Aid will be made available for Urban
System projects within these Urban areas, a cooperative process
for determining project priorities must be submitted to the State
Department of Transportation for approval; and
WHEREAS, the Federal Act requires that the cooperative process
involve Cities, the County, the State, and any Transit Agency existing
in any designated Urban area; and
WHEREAS, the Federal Aid Urban Project Review and Selection
Committee developed a cooperative process for determining projects; and
WHEREAS, the proposed cooperative, process is in keeping with
State and Federal guidelines.
NOW,, THEREFORE, BE IT RESOLVED that the City of Morro Bay
requests that the following cooperative process for establishing a
three -year program of Federal Aid for Urban Systems be approved
by the San Luis Obispo County and Cities Area Planningt; and Coordinating
Council:
1. The Federal Aid Urban Project Review and Selection Committee
shall consist of one representative each of:
City of El Paso de Robles - Public Works Department
City of Morro Bay - Public Works Department
City of San Luis Obispo - Public Works Department
City of Arroyo Grande - Public Works Department
City of Grover City - Public Works Department
County of San Luis Obispo - Engineering Department
State of California - Department of Transportation
2. Submission of requests for funds for a project on the Urban
System will be made to the Federal Aid Urban Project Review
and Selection Committee. These requests may be submitted
by any of the participating agencies.
3. The Committee will prepare a three (3) year program identify-
ing State, Regional and Local Transportation Projects based
on the following criteria where applicable:
a. Compatibility with adopted Circulation Elements of
Local General Plans or Comprehensive Transportation
Plans. '
b. Volume capacity ratio
c. Accident history
ci
d. Traffic relief to other streets or roads
e. Funding capabilities (are agency matching funds available ?)
f. State of readiness (status of Plans and Specifications
availability of 'Right of Way, Environmental Review)
g. Community desire and other political factors
h. Consideration of the .needs for projects on the State
Highway System
Consideration of Regional and Local Transit Needs
•
4. The Committee will submit the, recommended three year
program to each of the participating agencies for formal
review and comments.
5. Upon approval the San Luis Obispo County and Cities Area
Planning Coordinating CouncilLwill submit the three -year
program to the State Department of Transportation for
approval..
BE IT FURTHER RESOLVED that copies of this Resolution be
forwarded to Mr. George C. Protopapas, County Engineer, Room 101,
Courthouse Annex, San Luis Obispo, California, 93401 for transmittal
to the San Luis Obispo County and Cities Area Planning Coordinating
Council.
On motion. by Councilman Jennings and seconded by Councilman
Pipitone , 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED:. May 13, 1974
ATTEST:
City L. , ty Clerk
ARDEN
O4/
FRED R. DONOHOO, Mayor
•
RESOLUTION NO. 34 -74
RESOLUTION APPROVING ASSIGNMENT OF LEASE
FROM CONTINENTAL HOSTS, INC.
TO GOLDEN TEE MOTEL, 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 Continental Hosts, Inc.
for permission to assign their leasehold interest in a portion of
Lease Site No. 27W to Golden Tee Motel, Inc.; 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 Continental Hosts, Inc. of their
leasehold interest in a portion of Lease Site
No. 27W to Golden Tee Motel, Inc. which lease
site is more particularly described on page.l
of that certain lease between the City of Morro
Bay and Golden ?Tee'Motel;: Inc. dated April 11,
1967 and is delineated on Drawing No. 1002
marked Exhibit "A" attached hereto; 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 Jennings and seconded by Council-
man Brown , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: May 13, 1974
ATTEST:
. L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 33 -74
RESOLUTION AMENDING PROCEDURES AND GUIDELINES
GOVERNING THE ENVIRONMENTAL IMPACT REPORTS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, amended procedures and guidelines governing
Environmental Impact Reports have been adopted by the City Council
of the City of Morro Bay by Resolution No. 22 -74 in accordance with
State mandated regulations; and
WHEREAS, the State of California has, since that time, modified
the regulations for processing Environmental Impact Reports; and
WHEREAS, it is in the best interest of the public that the
City Council of the City of Morro Bay adopt these modified pro-
cedures and guidelines for processing EnvironmentalrImpact reports:
NOW, THEREFORE, BE IT RESOLVED that the City Council does
approve and adopt the amended procedures and guidelines attached
hereto; and
BE IT FURTHER RESOLVED that the City Attorney, City Administra-
tor, City Planning Department and City,Planning Commission are here-
by directed and authorized to implement and enforce these procedures
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 Jennings and seconded by Councilman
Brown
, 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 Brown, Jennings, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: May 13, 1974
• RED R. DONOHOO, Mayor
3014. Environroit: The physical conditi• which exist within
the area which will be affected by a proposed project including land,
air, water, minerals, flora, fauna, ambient noise, and objects of
historic or aesthetic significance.
3015. Exemption: An exemption claimed by an applicant urgently
. needed due to an emergency.
3016. Feasible: Capable of being accomplished in a successful
manner by reasonable available, economic, and workable means.
3017. General Fee: A fee levied on applicants and project
agencies in cases where negative declaration status is applied for
or EIR review is required. The fee is designed to cover costs of
environmental administration.
3018. Lead Agency: The agency which has the principal respon-
sibility for carrying out or approving a project which may have a
significant effect on the environment where more than one public
agency is involved with the same underlying activity. Unless other-
wise agreed upon between agencies, the City agency, as identified
by the City Council, which has the principal responsibility for
carrying out or approving a project.
3019. Ministerial Projects: Those activities defined as projects
which are undertaken or approved by a governmental decision which
a City officer, agency, or employee makes upon a given state of
facts in a prescribed manner in obedience to the mandate of legal
authority. With these projects, the officer, agency or employee
must act upon the given facts without regard to any individual
judgement or opinion concerning the propriety or wisdom of the act
although the statute, ordinance, or regulation may require, in some
degree, a construction of its language by the officer.
3020. Negative Declaration: A statement by the Planning Commission
presenting the reasons that the project,'although not otherwise exempt,
would not have a significant effect on the environment and therefore
does not require an EIR. See Appendix "B ".
3021. Notice of Completion: A brief report filed with the Sec-
retary for Resources as soon as a public agency has completed a draft
EIR and is prepared to send out copies for review. See Appendix "F ",..
3022. Notice of Determination: A brief notice to be filed by. -
a City agency with the County of San Luis Obispo County Clerk when
a final decision is made on a project which is subject to the require-
ments of CEQA.
3023. Person: Any person, firm, association, organization,
partnership, business, trust, corporation, company, district, county,
city and county, city, town, the State and any agency or political
subdivision of such entities.
3024. Project: The whole of an action, resulting in physical
impact on the environment, directly or ultimately, that is any of
the following:
(a) An activity directly undertaken by an City agency includ-
ing but not limited to public works, construction and
related activities, clearing or grading of land, improve-
ments to existing public structures, enactment and amendment
of zoning ordinances, and the adoption of local General
Plans or elements thereof.
-3-
'! 1973, involves a grea er degree of responsibilittand control over
the project as a whole.
5003. No environmental redetermination shall be made nor any
new EIR ordered or prepared by the City on any project for which an
environmental determination was made or an EIR ordered before April
5, 1973.
ARTICLE VI. EXCEPTIONS TO CEQA
6001. The following emergency projects are exempt from the
requirements of CEQA:
(a) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result
of disaster in a disaster stricken area in which a state
of emergency has been proclaimed by the Governor pursuant
to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code..
(b) Emergency repairs to public service facilities necessary
to maintain service.
(c) Projects undertaken as immediate action necessary to
prevent or mitigate an emergency.
6002. A project involving only feasibility or planning studies
for possible future actions which the City Council or City agency
has not approved, adopted, or funded does not require the prepara-
tion of an Environmental Impact Report, but does require considera-
tion of environmental factors.
ARTICLE VII. PROCEDURES
7001. Determinaticn of Categorical Exemption: Any project under-
taken or to be approved by the City shall first be reviewed by the
Coordinator (as defined herein) to determine whether it is categorically
or otherwise exempt from the operation of CEQA.
(a) When the Coordinator determines that a project is exempt
from the requirements of CEQA because it, is an emergency project, a
ministerial project or categorically exempt, and the City approves or
determines to carry out the project, it shall file a notice of exemption.
Such a notice shall include (1) a brief description of the project, (2)
a finding that the project is exempt, including a citation to the State
Guidelines section under which it is found to be exempt, and (3) a brief
statement of reasons to support the finding.
(b) The notice of exemption shall be filed with the County Clerk.
(c) Any person desiring to appeal such exempt determination shall
file an appeal with the Planning Department within thirty -five (35) days
of the determination date. The Planning Commission shall hear such appeal
at the first regularly scheduled date of Planning Commission meeting.
In no event shall project approval be considered to have been granted
until thirty -five days after the date of the determination herein required.
(d) Although the Coordinator may determine that a project is
categorically or otherwise exempt from the operation of CEQA, the
Planning Commission or City Council may make a different determination
during the course of any of its hearings concerning such project.
7002. Initial Review - Non - Exempt Status: If it is determined
that the project is not exempt, then the Coordinator shall request
-5-
• •
RESOLUTION NO. 32 -74
RESOLUTION APPROVING CONTRACT OF SALE OF REAL PROPERTY,
ACCEPTING DEED FROM HENRY 0. BENDER
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 Council of the City of Morro Bay
does hereby approve the Contract of Sale of Real Property attached
hereto and by reference made a part hereof; and
BE IT FURTHER RESOLVED that the City of Morro Bay does hereby
accept a Grant Deed from Henry O. Bender for all that real property
described as Lot 4, Block 38, Tract No. 2, in the City of Morro
Bay, according to map recorded in Book 5, Page 20 of Maps, in the
office of the County Recorder of the County of San Luis Obispo; 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 the Contract of Sale of Real Property and a copy of this re-
solution in the office of the Recorder of the County of San Luis
Obispo.
On motion by Councilman Jennings and seconded by Councilman
Brown , the Morro Bay City Council hereby adopts the fore -
going, proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: April 22, 1974
ATTEST:
guraii
M. L: WARDEN, City Clerk
&/4 /
FRED R. DONOHOO, Mayor
• •
RESOLUTION NO. 31 -74
RESOLUTION APPROVING A LEASE BETWEEN THE
CITY OF MORRO BAY AND THE STATE OF CALIFORNIA FOR
BERTHING AND PARKING SPACE
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 lease by and between the City of Morro
Bay and the State of California for one berth at the City's
North "T" Pier located in Morro Bay Harbor, NW of the U.S. Coast
Guard Berth together with two (2) parking spaces located within
a 500 foot radius of said Pier and including unlimited ingress
and egress to and from said Pier for the period March 1, 1974,
to and including February 28, 1979; and
BE IT FURTHER RESOLVED that the Mayor and City Administrator
are hereby authorized and directed to execute the lease for and
on behalf of the City of Morro Bay.
On motion by Councilman Jennings and seconded by Councilman
Brown , 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 Brown, Jennings, Mitchell, Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: April 22, 1974
ATTEST:
M. L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor
RESOLUTION NO. 30 -74
RESOLUTION ADOPTING RULES, REGULATIONS, AND FEES
FOR THE MOORING OF VESSELS AT PIERS, DOCKS,
AND OFF -SHORE MOORINGS WITHIN THE CORPORATE LIMITS
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, the City of Morro Bay has provided certain piers,
docks, and off -shore mooring areas for the accommodation of vessels
in Morro Bay Harbor; and
WHEREAS, the City of Morro Bay Municipal Code, Ordinance No.
119 provides that the City Council shall, by resolution, establish
rules and regulations and set fees for the mooring of vessels at
said piers, docks and off -shore mooring areas; and
WHEREAS, it is in the public interest to adopt such rules and
regulations; and
WHEREAS, immediate implementation of such rules and regulations
could cause undue inconvenience to certain vessel owners and operators:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the attached "Exhibit A" entitled "Rules, Regulations
and Fees for the Mooring of Vessels at Piers, Docks, and Off -Shore
Moorings" shall constitute the rules, regulations, and dockage fees
referred to in Ordinance No. 119; and
BE IT FURTHER RESOLVED that the Director of Public Works is hereby
authorized a period of up to six (6) months to phase in the provisions
of said Rules and Regulations pertaining to the location or re- location
of moorings or vessels occupying pier, dock or mooring space so as to
prevent undue inconvenience or hardship upon anyone affected by said
Rules and Regulations; and
BE IT FURTHER RESOLVED that the rules, regulations, and fees
shall remain in effect until such time as they shall be amended by
resolution of the City Council of the City of Morro Bay.
On motion by Councilman Jennings and seconded by Councilman
Pipitone , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: April 22, 1974
ATTEST:
M. L. WARDEN, Cit Clerk
FRED R. DONOHOO, Mayor
o
RULES,. REGULATIONS, AND FEES
FOR THE MOORING OF VESSELS
AT PIERS, DOCKS, AND.OFF -SHORE MOORINGS
A. DEFINITIONS
1. Beach Street Dock - shall mean the floating dock at the
foot of Beach Street in City.
2. City Docks - shall mean those City -owned slips and float-
ing docks immediately adjacent to the boat launching
ramp at the southerly terminus . of the Embarcadero and
those docks and slips located at the foot of Dunes Street
along the Embarcadero.
3. City Pier - shall mean the northerly "T" pier located
approximately 1300 feet north of the Beach Street Docks.
4. Off -Shore Moorings - shall mean those moorings in the
designated mooring 'areas of Morro Bay Harbor.
5. Anchorage Areas - as defined in Section 9406.2, Chapter
IV to Title IX of the Morro Bay Municipal Code.
6. Mooring and Anchorage Zones -,as defined in Section 9406.2,
Chapter IV to Title IX of the ;'Morro Bay Municipal Code.
7. Tenant - shall mean any person (orThis authorized repre-
sentative) who rents or leases City -owned mooring or
docking facilities or who rents or leases from City
mooring space or spaces within mooring and anchorage
areas A -1 and A -2.
B. RULES AND REGULATIONS - GENERAL
1. To be admitted and to continue to occupy mooring or
docking facilities, a vessel must be registered, identi-
fied, marked, equipped, and maintained as required by
law and safe practice.
2. When a vessel enters a mooring or docking facility, it
immediately comes under the jurisdiction of the City and
shall be moored or docked only where ordered.
3. No sub- leasing of slips or transfer of vessels between
slips will be allowed except on prior written permission
of the City.'
4. In order to utilize docking and mooring space to the maximum,
the City may rent such spaces on a temporary basis when the
primary occupant's space is vacant. Fees collected from such
rental shall be credited to the account of the primary
occupant up to the amount of the primary occupant's annual
pro -rated rental. Temporary rental fees for City docks shall
be calculated on the basis of the monthly rental rate for
such docks.
5. All boats shall be secured in their berths in a manner
acceptable to the City or the City may, after notice to
the Tenant, adequately secure the boat and assess a
service fee.
•
RULES AND REGULATIONS
PAGE TWO
6. In the event of severe storm or tidal wave, the Tenant
will provide preparation and damage prevention service.
The owner or his agent is solely responsible to take all
emergency measures possible, and the City does not assume
any responsibility for said protection and /or damages
to the owner's vessel from storm or tidal wave action.
7. The City assumes no responsibility for-the safety of any
vessel using City facilities, and will not be liable
for fires, theft, or damage to said vessel, its equipment,
or any property in or on said vessel, however arising.
8. Tenant expressly and by his use of City facilities
agrees to hold City and its officers and employees
harmless from any claim he or any of his crew or any
of his guests may have against City for damage to the
vessel or any other property or for personal injury
arising from Tenant's use of such City property.
9. Tenders and skiffs shall be stored on board larger
vessels when possible. They must be kept off the docks.
They may be berthed in areas designated by the City.
Their identification marks or name are required to be
recorded with the City. No dock boxes, steps, etc.,
can be installed without permission from the City.
10. The water space between the shore and City docks shall be used
primarily for the storage of tender, skiffs or dinghys used
to serve vessels occupying moorings in the non - commercial
mooring zones.
11. In accordance with the Morro Bay Municipal Code, the
discharge or deposit of any refuse and /or waste material
in or upon any beach, waters of Morro Bay and the Pacific
Ocean, watercourse, waterway, levees, banks, revetments,
or breakwaters of watercourses or waterways within the
City of Morro Bay is prohibited. TM. _.. -- r-1) -Mc?
12. Vessel owners shall not place supplies, materials,
accessories, or debris on any walkway, and shall not
construct thereon any lockers, chests, cabinets, or
similar structures, except with written approval of
the City.
13. Laundry shall not be hung on docks or finger piers.
14. No charcoal fires or open fires of any kind will be
allowed on any facility designed for the use of
berthing, docking of vessels.
15. No sport fishing business shall be allowed to be con-
ducted from slips or berthing facilities to which this
agreement applies.
16. For any infraction of these rules and regulations, for
which a citation is not issued, the City shall provide
written notice to Tenant to correct such infraction.
Tenant shall correct the infraction within thirty (30)
days of the date of written notice.' Failure to comply
RULES AND REGULATIONS
PAGE THREE
with the written notice shall subject Tenant to can-
cellation of mooring, berthing, or docking privileges
at option of City. Tenant may, at any time during the
thirty (30) day period, appeal the notice of infraction
in writing to the City Administrator and may further
appeal in writing any action by the City Administrator
to the City Council. Such appeal to County must be
filed with the City Clerk within five (5) days after
the thirty (30) day notice period has elapsed and the
Council shall hear such appeal at the earliest scheduled
Council meeting. City's option to cancel mooring,
berthing, or docking privileges shall be held in
abeyance until a final Council decision has been rendered.
C. RULES AND REGULATIONS - BEACH STREET FLOAT
1. Time Limit.- In order that this facility may be used
for minor repair, painting, and emergency mooring, no
vessel shall occupy this facility more than five (5)
days in any thirty (30) day period.
D. RULES AND REGULATIONS - CITY DOCKS
1. No vessel shall be permitted to rent berthing space at
City docks unless the vessel is licensed as a commercial
fishing vessel and the owner /operator holds a valid
commercial fishing license issued by Department of Fish
and Game of the State of California and provided that
Tenant is actively engaged in commercial fishing as
evidenced by State of California, Department of Fish
and Game commercial fish receipts issued during the
current calendar year unless said berthing space has
not been rented for use by a commercial vessel for at
least sixty (60) days.
2. Every vessel using City docks'shall be in good mechanical
and seaworthy condition.
3. No Tenant shall assign his berthing space to any other
vessel owner without written permission of City.
E. RULES AND REGULATIONS - CITY PIER 9.
1. It is the intention of the City that the City pier shall
be used as a docking facility primarily to serve the needs
of transient vessels and for vessels owned and operated by
governmental agencies in accordance with the following:
(a) First Priority: Vessels operated by the City of
Morro Bay, the United States Government and by
agencies of the State of California.
(b) Second Priority: Vessels of a commercial nature defined
as vessels for which the State of California, Department
of Fish and Game has issued a current commercial fishing
license, and whose owner or operator holds a current
State of California, Department of Fish and Game
commercial fishing license, and which, during the
RULES AND REGULATIONS
PAGE FOUR
•
current calendar year has been actively used for
commercial fishing activities. Such use shall be
evidenced by State of California, Department of Fish
and Game, commercial fish receipts issued during the
current calendar year. Vessels qualifying under this
priority shall be permitted to moor or dock at the City
pier for a period not to exceed seven (7) days in any
one thirty (30) day period of any one calendar year
except that for the months of June through
November of each calendar year such vessels shall not
use the City pier for a period exceeding fourteen (14)
days in any thirty (30) day period.
(c) Third Priority: Transient vessels of a non - commercial
nature, as space permits at the discretion of the
Director of Public Works, but not to exceed a period
of seven (7) days in any one thirty (30) day period
during the calendar year
2. No major repairs to or rebuilding of any vessel shall be
permitted while said vessel is moored at City Pier. The
Director of Public Works or his delegated representative
shall have full authority to decide what repairs or re-
building shall be considered major.
3. The Director of Public Works or his delegated represen-
tative shall have full authority to direct the space to
be occupied at City Pier and shall approve the manner in
which every vessel is fastened :thereto.
F. RULES AND REGULATIONS - OFF -SHORE MOORINGS
1. No owner or operator shall moor his vessel at any off-
shore mooring which is in a mooring zone under the direct
control of City without receiving permission of the Director
of Public Works and making necessary arrangements for
rental payments.
2. After a mooring is assigned to a Tenant and until such
time as the assignment is cancelled by City at Tenant's
request, the Tenant shall be responsible for payment of
rental whether he occupies the mooring or not.
3. Each vessel shall occupy only that mooring to which it
has been assigned unless prior permission has been
obtained from the City or mooring operator to occupy
a different mooring.
4. Each mooring operator shall provide the Director of Public
Works with a master list of all vessels occupying moorings
within the operator's mooring zone. Such list shall be
provided within two (2) weeks of a mooring operator
assuming control over the moorings within his mooring
zone.
The mooring operator shall inform the Director of Public
Works of any changes to such list as changes occur and
such list shall be kept current. This list shall contain
as a minimum the information specified in paragraph "H"
below.
• •
RULES AND REGULATIONS
PAGE FIVE
5. It shall be the responsibility of the vessel operator or
owner to assure that vessels are secured to moorings
in accordance with safe seamanship practices. Mooring
lines and'tackle shall be maintained in safe and workable
condition. The Director of Public Works or the harbor
patrolmen shall have the authority to board a vessel to
inspect all mooring lines and tackle at any time to assure
compliance with this requirement.
G. RENTAL, LEASE AND FEE SCHEDULE
1. All rental or lease fees are payable to City in advance.
2. Beach Street Dock - Rental shall be $1.50 per day.
3. City Docks - Rental shall be $40.00 per month, $210.00
per six (6) months, or? $360.00 per year.
4. City Pier -
(a) Each vessel shall be entitled to free dockage for
the first forty -eight (48) hours that it is moored
at the City Pier and shall be charged thereafter at
a daily rate of .O5C per foot of overall length for a
period not to exceed those established by paragraph
E above.
5. Off -Shore Moorings -
(a) Rental for mooring space under direct City control
shall be Ten Dollars ($10.00) per month for vessels
under thirty feet (30') in length and shall be Fifteen
Dollars ($15.00) per month for vessels thirty feet
(30') and longer.
(b) Mooring zones leased to commercial operators shall
be leased at the same rates, periodically adjusted,
as prevail for City leases of Tidelands Grant water
areas. In general, such rates are based upon valuation
of the square footage of water area in each zone
adjusted annually to reflect changes in the U. S.
government published Consumers Price Index.
6. Penalty Fees -
(a) For any vessel exceeding the maximum time limits estab-
lished for the Beach Street Dock or the City Pier, the
fee schedule shall increase by $5.00 per day for each
day in excess of the prescribed limits.
H. REGISTRATION OF VESSELS UTILIZING MOORING DOCKING, BERTHING AND
ANCHORAGE FACILITIES
1. Each owner or operator of a vessel utilizing City docking,
anchorage, berthing, or mooring facilities shall register
with the Director of Public Works, or his designated
representative and shall provide, as a minimum, the
following information:
(a) Name, registration number and home port of the
vessel.
• •
RULES AND REGULATIONS
PAGE SIX
(b) If a commercial fishing vessel, the number and
date of issuance of the current commercial fishing
license.
(c) Name, address and telephone number of the owner.
(d) Name, address and telephone number of a person
responsible for the safety of the vessel.
(e) The dock, berth, mooring or anchorage site at
which the vessel is located.
(f) If a transient vessel, an estimate as to the
duration of intended stay.
2. Each owner or operator of a vessel renting docking or
mooring space from the City on an annual or semi - annual
basis shall notify the Director of Public Works when such
owner or operator anticipates that his space will be vacant
for a-period of two weeks or longer so that such space may be
temporarily rented as provided for by Paragraph B 4 above.
RESOLUTION NO. 29 =74
RESOLUTION AUTHORIZING ACCEPTANCE
OF "AGREEMENT AND GRANT OF EASEMENT"
. WITH THE STATE OF CALIFORNIA,
DEPARTMENT OF PARKS AND RECREATION
FOR :AN.ADDITIONAL KINGS:AVENUE WATER:STORAGEITANK
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, it is in the public interest for the City of Morro
Bay, a municipal corporation, hereinafter referred to as City,
to enter into a 1974 "Agreement and Grant of Easement: with the
State of California, Department of Parks and Recreation, herein-
after referred to as State, for the construction of a water storage
tank and water pipe lines, over, under, and across a portion of
Morro Bay State Park and shown on that certain "Agreement and,
Grant of Easement" between the State of California, Department of
Parks and Recreation and the City of Morro Bay, dated June 3, 1969,
and recorded July 24, 1969, as Document No. 15561 in Volume 1525,
pages 137 to 142, Official Records of the County of San Luis
Obispo, California; and
WHEREAS, the map attached to and made a part of that "Agreement
and Grant of Easement ", dated June 3, 1969, and recorded July 24,
1969, referred to as Document No. 15561 above, as accepted by City of
Morro Bay Resolution No. 46 -69 erroneously made reference, in the
singular, to a 1.0 M.G. tank; and
WHEREAS, the intention of the City to provide for approximately
2.0 million gallons of water 'tank capacity; ands.
WHEREAS, the City and the State have agreed that the agreement
authorized and accepted by Resolution No. 46 -69 requires clarifi-
cation so as to provide for 2.0 million gallons of water storage
capacity. -
NOW THEREFORE, BE IT RESOLVED that City hereby accepts the
1974 "Agreement and Grant of Easement" referred to herein; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to execute the "Agreement and Grant of Easement"
on behalf of the City of Morro Bay.
On motion by Councilman Jennings and seconded by Councilman
Brown the City Council of the Cityof Morro Bay hereby adopts
in its entirety the foregoing proposed resolution on the following
roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: April 8, 1974
ATTEST:
WARDEN, City Clerk
RED R. DONOHOO, RED R. DONOHOO, Mayor
•
RESOLUTION NO. 28 -74.
RESOLUTION ACCEPTING WORK AND GIVING - NOTICE OF COMPLETION
FOR CONSTRUCTION AND INSTALLATION OF FLOATS, RAMPS AND PILING
IN 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, the Morro Bay City Council did, on September 11,
1973, award a contract for the construction and installation of
floats, ramps and piling, to Ted Watkins General Engineering
Contractor, and
WHEREAS, the Director of Public Works has certified that
said work has been completed in accordance with the provisions
of the contract,
NOW, THEREFORE, BE IT RESOLVED,that said work is accepted
as completed on the 21st day of March, 1974, and the City Clerk
is hereby directed to file a notice of completion in the office
of the recorder of the County of San Luis Obispo.
On motion by Councilman Jennings and seconded by Councilman
Mitchell, the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: April 8, 1974
ATTEST:
. WARDEN, City Clerk
' ea
FRED R. DONOHOO, Mayor
• , r
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the construction
and installation of floats, ramps and piling by Ted Watkins,
General Engineering Contractor, was inspected March 21, 1974
and found to have been completed in accordance with the
approved plans and specifications.
It is, therefore, recommended that the work be accepted
by the Morro Bay City Council as completed and that the City
Clerk be authorized to file a Notice of Completion.
Dated: March 25, 1974
.,4"*9 y:
GEORGE E. CHRISSAKIS
City Engineer
City of Morro Bay, California
' NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the undersigned City Clerk
of the City of Morro Bay, San Luis Obispo County, California, that
the work of construction and installation of floats, ramps and
piling in the City of Morro Bay, has been completed by Ted Watkins
General Engineering Contractor and said work was accepted as
completed on March 21, 1974, by the Morro Bay City Council by
the adoption of Resolution No. 28 -74 dated April 8, 1974.
M. WARDEN, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bay,
San Luis Obispo County, California; that he has read the
foregoing notice and knows the contents thereof; that the
same is true of his own knowledge.
I declare the foregoing to be true under penalty of
perjury.
Executed at Morro Bay, California, this 11th day of
April, 1974.
M. L. /4ARDEN, City Clerk
• •
RESOLUTION NO. 27 -74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR CONSTRUCTION AND INSTALLATION OF POLICE STATION
REMODELING IMPROVEMENTS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on January 14,
1974, award a contract for the construction and installation of
Police Station remodeling improvements, including heating system,
suspended ceiling and lighting to J. W. Bailey ConstrtEtion
Company; and
WHEREAS, the Director of Public Works has certified that
said work has been completed in accordance with the provisions
of the contract,
NOW, THEREFORE, BE IT RESOLVED that said work is accepted
as completed on the 18th day of March, 1974, and the City Clerk
is hereby directed to file a notice of completion in the office
of the recorder of the County of San Luis Obispo.
On motion by Councilman Jennings and seconded by Councilman
Mitchell, the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: March 25, 1974
ATTEST:
. WARDEN, Ci y Clerk
FRED R. DONOHOO, Mayor
• •
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the undersigned City Clerk
of the City of Morro Bay, San Luis Obispo County, California,
that the work of construction and installation of Police
Station remodeling improvements, including heating system,
suspended ceiling and lighting, has been completed by
J. W. Bailey Construction Company and said work was accepted
as completed on March 18, 1974, by the Morro Bay City Council
by the adoption of Resolution No. 27- 74dated March 25, 1974.
WARDEN, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bay,
San Luis Obispo County, California; that he has read the
foregoing notice and knows the contents thereof; that the
same is true of his own knowledge.
I declare the foregoing to be true under penalty of
perjury.
Executed at Morro Bay, California, this 28th.day of
March, 1974.
• •
'CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of
construction and installation of Police Station remodeling
improvements, including heating system, suspended ceiling and
lighting, by J. W. Bailey Construction Company has been inspected
and has been found to comply with the approved plans and
specifications.
It is therefore recommended that the work be accepted by
the Morro Bay City Council as completed and that the City Clerk
be authorized to file a Notice of Completion.
DATED: March 18, 1974
D'!M STUART
Director of Public Works
City of Morro Bay, California
• •
RESOLUTION NO. 26 -74
RESOLUTION APPROVING ASSIGNMENT OF
LEASE SITES NO. 71,72,71W & 72W FROM
LORENZO DAVIS AND VIOLET DAVIS TO
JOHN J. KIRTH AND GISELA G. KIRTH
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 Lorenzo and Violet Davis,
husband and wife, to transfer the leasehold interest in Lease Sites
71,72,71W & 72W to John J. and Gisela G. Kirth; husband and wife;
an d
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
lesses 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 Lorenzo and Violet Davis of the
leasehold interest in Lease Site No. 71,72,71W
& 72W to John J. and Gisela G. Kirth, husband
and wife; and
2. A copy of the Assignment of Lease Agreement 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 Agreement and Assumption Agreement.
On motion by Councilman Jennings and seconded by Mayor:: .
Donohoo , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: March 25, 1974
ATTEST:
14. . WARDEN, Ci y Clerk
/LG6/ /)f
FRED R. DONOH00, Mayor
RESOLUTION NO. 25 -74
RESOLUTION PROHIBITING PARKING ON PORTIONS OF CERTAIN STREETS
WITHIN THE CITY OF MORRO BAY - IMPROVEMENT DISTRICT NO. 6
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, concern has been expressed by residents in the area of
Improvement District No. 6 as pertains to hazardous parking due to
narrow streets; and
WHEREAS, a survey by both the Police and Traffic Engineer
confirmed restrictions to traffic movement and possible hazardous
conditions; and
WHEREAS, a public hearing regarding proposed restricted parking
in the area of Improvement District No. 6 was held on February 25,
1974,
NOW THEREFORE, BE IT RESOLVED that parking be and is hereby
prohibited on one or both sides of certain streets as follows:
1. On the west side of Nutmeg along its entire length;
2. On the east side of Laurel from Avalon south;
3. On the west side of Laurel along its entire length;
4. On the west side of Koa from Elena to Laurel;
5. On the west side of Juniper from Elena to Avalon;
6. On the south side of Cuesta from Laurel to Nutmeg;
7. On the south side of Casitas from Laurel to Nutmeg;
8. On the south side of Conejo from Koa to Laurel;
9. On the south side of San Juan from Ironwood to Koa;
10. On the south side of Paula from Ironwood to Juniper; and
11. On the north side of Avalon from Ironwood to Laurel.
BE IT FURTHER RESOLVED that the Director of Public Works is
directed to have proper signing installed to effectuate this
resolution.
On motion by Councilman Jennings and seconded by Councilman
Mitchell , the Morro Bay City Council hereby adopts the
foregoing resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: March 25, 1974
ATTEST:
WARDEN, City Clerk
FRED R. DONOHOO, Mayor
• •
RESOLUTION NO. 24 -74
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 5TH
DAY OF MARCH, 1974, 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 5th day of March, 1974, 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 election in cities; and
WHEREAS, pursuant to Resolution No. 17 -74, adopted the 25th
day of February, 1974, the City Clerk of the City of Morro Bay can-
vassed the returns of said election and has certified the results
to this City Council, said results are received, attached, and made
a part hereof as "Exhibit A ":
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were six (6) voting precincts established
for the purpose of holding said election, consisting of consolida-
tions of the regular election precincts in the City of Morro Bay as
established for the holding of State and county elections.
SECTION 2. That said regular general municipal election was
held for the purpose of electing the following officers of said city
as required by the laws relating to cities in the State of California,
to wit:
Three (3) members of the City Council of said
city for the full term of four (4) years.
SECTION 3. That at said regular general municipal election,
the following measure was submitted to the electors of said city,
to wit:
SHALL THE CITY OF MORRO BAY CONSTRUCT A ROAD
WITH A BRIDGE ACROSS MORRO CREEK TO CONNECT
THE SOUTHERLY AND NORTHERLY PORTIONS OF
EMBARCADERO ROAD?
SECTION 4. That the whole number of votes cast in said city
(except absent voter ballots) was 8,803.
That the whole number of absent voter ballots cast in said
city was 237, making a total of 9,040 votes cast in said city.
•
Resolutio No. 24 -74
Page Two
•
SECTION 5. That the names of persons voted for at said
election for Member of the City Council of said city are as
follows:
Dale C. Mitchell
Donald H. Brown
Robert P. Dunn
Nino L. Pipitone
Eugene L. Shelton
Buddy
Joe Ginini
Dale Lucas
Shirley McGuire
That the measure voted upon at said election is as follows:
SHALL THE CITY OF MORRO BAY CONSTRUCT A ROAD
WITH A BRIDGE ACROSS MORRO CREEK TO CONNECT
THE SOUTHERLY AND NORTHERLY PORTIONS OF
EMBARCADERO ROAD?
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 person were
candidates and for and against the measure were as listed in
"Exhibit A" attached.
SECTION 6. The City Council does declare and determine that:
DALE C. MITCHELL was elected as Member of the City
Council of said city for the full term of four years;
DONALD H. BROWN was elected as Member of the City
Council of said city for the full term of four years;
NINO L. PIPITONE was elected as Member of the City
Council of said City for the full term of four years;
That as a result of said election, a majority of the
qualified voters voting on said measure relating to
constructing a bridge and road across Morro Creek
did not vote in favor thereof, and that said proposi-
tion was not carried, and shall not be deemed adopted
and ratified.
SECTION 7. The City Clerk shall enter on the records of the
City Council of said city, a statement of the result of said election,
showing:
The whole number of votes cast in the city;
The names of the persons voted for;
The measures voted upon;
For what office each person was voted for;
The number of votes given at each precinct
to each person, and for and against each
measure;
The number of votes given in the city to each
person, and for and against each measure.
SECTION 8. That the City Clerk shall immediately make and,
upon compliance by the persons elected with the provisions of
Section 11550 and Section 11559 of the Elections Code of the State
of California, shall deliver to each of such persons so elected
• •
Resolution No. 24 -74
Page Three
a Certificate of Election signed by him and duly authenticated;
that he shall also administer to each person elected, the Oath of
Office prescribed in the State Constitution of the State of California
and shall have them subscribe thereto and file the same in his
office. Whereupon, each and all of said persons so elected shall
be inducted into the respective office to which they have been
elected.
SECTION 9. That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original resolutions of said city; and shall make a minute of
the passage and adoption thereof in the records of the proceedings
of the City Council of said city, in the minutes of the meeting at
which the same is passed and adopted.
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 by the following roll
call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 12, 1974
ATTEST:
WA DEN, City Clerk
<.1
DALE c. MITCHELL, Mayor
RESOLUTION NO. 23 -74'
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO THE 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
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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 11, 1974
ATTEST:
M. L WARDEN, City Clerk
D ‘00 ITCHE , Mayors
•
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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 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: City property located on the
northeast corner of the intersection of Front Street and
Embarcadero Road and described in Exhibit "A" attached hereto,
(hereinafter called SAID PROPERTY).
1. The right and privilege granted to PERMITTEE pursuant to
this Use Permit Agreement shall become effective between the hours
of 12:00 p.m. on March 30, 1974 and 6:00 p.m. on March 30, 1974.
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting Annual Oyster Festival activities, and for no other
purpose. PERMITTEE may display such exhibits on SAID PROPERTY as
PERMITTEE deems necessary for such purpose, provided, however, tha
all rules, regulations, resolutions, and ordinances of the City of
Morro Bay or any department thereof, including by way of illus-
tration but not limitation, fire and safety orders, rules, re-
gulations, 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 this Use Permit Agreement,
PERMITTEE shall surrender SAID PROPERTY to CITY in as good con-
dition as it was when it was originally received by PERMITTEE,
reasonable wear excepted.
4.a This Use Permit Agreement is granted to PERMITTEE upon
the express condition that
PERMITTEE shall keep and hold CITY free
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from all liability, expense, and claim for damages by reason of
any injury or death to any person or persons, including PERMITTEE,
or property of any kind whatsoever and to whomsoever belonging,
including PERMITTEE, from any cause or causes whatsoever during
the term of this Use Permit Agreement or any extension thereof or
any occupancy or use hereunder; PERMITTEE hereby 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 PROPERTY and appurtenant areas in the amount of $100,000
to indemnify against the claim of one person, $300,000 against the
claim of two 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 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 b
cancelled except after ten (10) days prior written notice to CITY.
Each such policy shall be approved as to form and insurance compan'
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
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•
such claim, expense, 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.
Dated:
ATTEST:
CITY OF MORRO BAY
1127.
,
/1/ i:,%v,,% -�`
M. L. WARDEN, City Clerk
1
DALE C. MITCHELL, Mayor
PERMITTEE
Dated: By +:Ca 4 / , `W f{ `Y1
Title:
- 3-
rn
•
RE- CANVASS
General Municipal Election
March 5, 1974
PRECINCT NO. 5 (Comprising regular election precincts
13, 14, and 15)
Machine No. 93916
We hereby certify with respect to Voting Machine No. 93916 -
That the number of the seal is /p Q/3 / and the number of
the protective counter is ® jj Z'7
That the votes cast for each candidate and the measure are
as follows:
DALE C. MITCHELL a 2,
DONALD H. BROWN 1 17
ROBERT P. DUNN / 41 �p
NINO L. PIPITONE �S P
EUGENE R. SHELTON
YES 0 71
MEASURE l
NO
That this Re- Canvass supercedes and corrects the Statement
of Result of Votes Cast with regard to Voting Machine No. 93916
submitted March 5, 1974.
INS ECT
071Lfi, r_
JUDGE
JUDGE
a . Lm
JUDGE
JUDGE
ABSENT: Ione Soderberg
DATED: March 12, 1974
ATTEST:
t M WARDEN, City
TOTAL CAST
ABSENTEE
TOTAL
m
01
a
III
w
N
i-•'
zit
n
,V Z
cn n
H
r
m
o Ln
m o
r
m
co
208
337
N
w
254
249
w
Dale C.
MITCHELL
FOR MEMBER OF THE CITY COUNCIL
1423
w
a
1389
173
N,
o
r
r
0o
m
221
201
(
r
J
Donald H.
BROWN
1097
(9
w
o
m
a
157
223
r
o
r
r
w
r
147
N
r
to
Robert P.
DUNN
1243
N
J
r
N
r
m
147
230
r
a
J
r
m
J
194
w
r
r
Nino L.
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CITY CLERK'S CERTIFICATE OF CANVASS
„K SIHIHX3„
RESOLUTION NO. 22 -74
RESOLUTION AMENDING PROCEDURES AND
GUIDELINES GOVERNING ENVIRONMENTAL IMPACT REPORTS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Environmental Impact Procedures have been
adopted by the City Council of the City of Morro Bay; and
WHEREAS, these procedures now require modification as
mandated by the State of California;
WHEREAS, it is in the best interest of the public that
the City Council of the City of Morro Bay adopt these mod-
ified procedures and guidelines for processing Environmental
Impact Reports:
NOW, THEREFORE, BE IT RESOLVED that the City Council
does approve and adopt the procedures and guidelines attached
hereto; and
BE IT FURTHER RESOLVED that the City Attorney, City
Administrator, City Planning Department and City Planning
Commission are hereby directed and authorized to implement
and enforce these procedures 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; and
BE IT FURTHER RESOLVED that Resolution No. 43 -73 is
hereby rescinded.
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: March 11, 1974
ATTEST:
M. L. WARDEN, City Clerk
D•LE C. MITCHEL , Mayor
•
OBJECTIVES, CRITERIA, AND PROCEDURES
FOR EVALUATION OF PROJECTS AND THE PREPARATION
OF ENVIRONMENTAL IMPACT REPORTS
FOR THE CITY OF MORRO BAY
ARTICLE I. PURPOSE
1001. These objectives, criteria, and procedures have been
adopted by the City Council of the City of Morro Bay pursuant to
Section 21082 of the Public Resources Code to implement the Calif-
ornia Environmental Quality Act of 1970, as amended and as inter-
preted by the California judiciary and to be consistent with the
Guidelines for Implementation of the California Environmental
Quality Act of 1970, as amended December 17, 1973, and adopted
by the Resources Agency of California and foundin Division 6,
Title 14, of the Administrative Code.
1002. These objectives, criteria, and procedures supercede all
previous environmental regulations and rules previously enacted by
the City Council.
ARTICLE II. SCOPE OF APPLICATION
2001. These objectives, criteria, and procedures apply to any
public activities, private activities partly funded by City agencies,
or any private projects requiring a lease, permit, license, certi-
ficate or other entitlement for use which are under the jurisdiction
of the City Council of the City of Morro Bay, except (a) activities
which are not projects, as that word is defined herein; (b) emergency
projects as set forth in Section VI; and (c) projects which are
categorically exempt as listed in Appendix "A" hereto. All City
agencies and employees and private persons seeking such approvals
or entitlements shall comply with these requirements.
2002. These objectives, criteria, and procedures do not apply
to any of the aforementioned activities which are ministerial pro-
jects of the City Council of the City of Morro Bay or of any officer,
agent or employee of the City of Morro Bay. A listing of ministerial
projects is contained in Appendix "A" hereto.
ARTICLE III. DEFINITIONS
Whenever the following words are used in these Guidelines, unless
otherwise defined, they shall have the meaning ascribed to them in
this article. These definitions are intended to be consistent with
the Guidelines for implementation of the California Environmental
Quality Act (CEQA) of 1970 as adopted by the Secretary of Resources
of the State of California, February 3, 1973 and are intended to
clarify, but not negate, the definitions used in CEQA.
3001. Applicant: A private entity or person applying for a
permit or license for a project.
3002. Approval: The decision by the City Council or other City
agency which commits the City to a definite course of action in
regard to a project intended to be carried out by any person. The
date of approval is the date such decision becomes effective under
the ordinances or rules of the City.
In connection with private activities, approval occurs upon
the earliest commitment to issue or issuance by the City Council or
other City agency of a contract, binding agreement, lease, permit,
license, certificate or other entitlement.
• •
3003. Categorical Exemption: An exception from the requirement
for the preparation of an environmental impact report for a class
of projects based on a finding by the Secretary for Resources, State
of California Resources Agency, that the class of projects does not
have a significant effect on the environment. Those classes of
projects which are categorically exempt will be found in Appendix
"A" hereto.
3004. CEQA or ACT - California Environmental Quality Act: CEQA
means California Public Resources Code Section 21000 through 21174.
3005. City: The City of Morro Bay, California.
3006. City Agency: Any agency, board or commission which is
considered to be a part of or an adjunct to the City of Morro Bay
City government.
3007. Contractor: A person with which the City contracts for
the preparation of Environmental Impact Reports.
3008. Coordinator (Environmental Coordinator): A person designated
by the City Council who makes environmental impact recommendations
and manages the review process for environmental impact reports. The
Planning Director shall be the Environmental Coordinator.
3009. Council: The City Council of the City of Morro Bay.
3010. Discretionary Project: An activity defined as a project
which requires the exercise of judgement, deliberation, or decision
on the part of the City Council of any City agency, officer, agent
or employee of the City of Morro Bay in approving a particular
activity, as distinguished from situations where the public agency
or body merely has to determine whether there has been conformity
with applicable statutes, ordinances, or regulations.
3011. EIR - Environmental Impact Report: An informational docu-
ment which, when its preparation is required under these procedures,
shall be considered, by any City agency responsible, for approval
of the project to which it related. The purpose of an EIR is to
provide detailed information about the effect which a proposed project
is likely to have on the environment; to list ways in which any
adverse effects of such a project might be minimized; and to suggest
alternatives to such a project.
(a) A draft EIR is one containing a Description of Project,
Description of Environmental Setting, and the Environmental
Impact as those topics are described in Article X.
(b) A final EIR means an EIR containing the information
specified for a draft EIR and, in addition, a section
for comments received in the consultative and hearing
process and the response to those comments, as provided
herein.
3012. EIS - Environmental Impact Statement: An environmental
impact report prepared pursuant to the National Environmental Policy
Act (NEPA). The Federal Government uses the term EIS in the place
of the term EIR which is used in CEQA.
3013. Emergency: A sudden unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life,
health, property, or essential public services.
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3014. Environment: The physical conditions which exist within
the area which will be affected by a proposed project including land,
air, water, minerals, flora, fauna, ambient noise, and objects of
historic or aesthetic significance.
3015. Exemption: An exemption claimed by an applicant urgently
needed due to an emergency.
3016. Feasible: Capable of being accomplished in a successful
manner by reasonable available, economic, and workable means.
3017. General Fee: A fee levied on applicants and project
agencies in cases where negative declaration status is applied for
or EIR review is required. The fee is designed to cover costs of
environmental administration. See Appendix "E" for fee schedule.
3018. Lead Agency: The agency which has the principal respon-
sibility for carrying out or approving a project which may have a
significant effect on the environment where more than one public
agency is involved with the same underlying activity. Unless other-
wise agreed upon between agencies, the City agency, as identified
by the City Council, which has the principal responsibility for
carrying out or approving a project.
3019. Ministerial Projects: Those activities defined as projects
which are undertaken or approved by a governmental decision which
a City officer, agency, or employee makes upon a given state of
facts in a prescribed manner in obedience to the mandate of legal
authority. With these projects, the officer, agency or employee
must act upon the given facts without regard to any individual
judgement or opinion concerning the propriety or wisdom of the act
although the statute, ordinance, or regulation may require, in some
degree, a construction of its language by the officer.
3020. Negative Declaration: A statement by the City Council
presenting the reasons that the project, although not otherwise
exempt, would not have a significant effect on the environment and
therefore does not require an EIR. See Appendix "B ", Form B2.
3021. Notice of Completion: A brief report filed with the Sec-
retary for Resources as soon as a public agency has completed a
draft EIR and is prepared to send out copies for review. See
Appendix "F ".
3022. Notice of Determination: A brief notice to be filed by
a City agency with the County of San Luis Obispo County Clerk when
a final decision is made on a project which is subject to the require-
ments of CEQA. See Appendix "F ", Form B2.
3023. Person: Any person, firm, association, organization,
partnership, business, trust, corporation, company, district, county,
city and county, city, town, the State and any agency or political
subdivision of such entities.
3024. Project: The whole of an action, resulting in physical
impact on the environment, directly or ultimately, that is any of
the following:
(a) An activity directly undertaken by any City agency includ-
ing but not limited to public works, construction and
related activities, clearing or grading of land, improve-
ments to existing public structures, enactment and amendment
of zoning ordinances, and the adoption of local General
Plans or elements thereof.
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•
(b) An activity undertaken by a person which is supported
in whole or in part through public agency contracts,
grants, subsidies, loans, or other forms of assistance
from one or more public agencies.
(c) An activity involving the issuance to a person of a lease,
permit, license, certificate, or other entitlement for
use by one or more City agencies.
Project does not include:
(a) Anything specifically exempted by State law.
(b) Proposals for legislation to be enacted by the City Council
other than Zoning Ordinances or General Plans.
(c) Continuing administrative or maintenance activities, such
as purchases for supplies, personnel - related actions,
emergency repairs to public service facilities, general
policy and procedure making, except as they are applied
to specific instances covered above, and feasibility or
planning studies.
(d) The submittal of proposals to a vote of the people of
the State or of a particular community.
3025. Significant Effect: A substantial adverse impact on the
environment.
ARTICLE IV. GENERAL RESPONSIBILITIES
4001. City Council: It is the responsibility of the City Council
to insure that all City departments, agencies, and employees comply
with the requirements of CEQA and of the Secretary of Resources in
accordance with the procedures contained herein. Whether the City
prepares an EIR itself or contracts for its preparation, the City
is responsible entirely for the adequacy and objectivity of the EIR.
4002. Multi- Agency Projects: Where a project is to be carried
out or approved by more than one City agency, only one EIR or Nega-
tive Declaration shall be required, and it will be prepared by the
Lead Agency designated by the City Council.
ARTICLE V. RETROACTIVE APPLICATION
5001. An uncompleted City project approved prior to November
23, 1970, shall not require an EIR or a Negative Declaration unless:
(a) A substantial portion of public funds allocated for the
project have not been spent, and the project may still be
modified to mitigate adverse environmental effects or
alternatives may be selected, including the alternative
of "no project" or stopping the project.
(b) A modification to the planned project is proposed which
may produce a new, significant effect on the environment.
5002. A discretionary lease, permit, license, certificate, or
other entitlement to use granted before April 5, 1973, for part of
a project which requires another or additional discretionary govern-
mental approvals after April 5, 1973, requires the preparation of
an Environmental Impact Report only if the approval after April 5,
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•
1973, involves a greater degree of responsibility and control over
the project as a whole.
5003. No environmental redetermination shall be made nor any
new EIR ordered or prepared by the City on any project for which an
environmental determination was made or an EIR ordered before April
5, 1973.
ARTICLE VI. EXCEPTIONS TO CEQA
6001. The following emergency projects are exempt from the
requirements of CEQA:
(a) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
property or facilities damaged or destroyed as a result
of disaster in a disaster stricken area in which a state
of emergency has been proclaimed by the Governor pursuant
to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
(b) Emergency repairs to public service facilities necessary
to maintain service.
(c) Projects undertaken as immediate action necessary to
prevent or mitigate an emergency.
6002. A project involving only feasibility or planning studies
for possible future actions which the City Council or City agency
has not approved, adopted, or funded does not require the prepara-
tion of an Environmental Impact Report, but does require considera-
tion of environmental factors.
7001. Determination of Categorical Exemption: Any project under-
taken o to be approved by the City shall first be reviewed by the
Coordinato (as defined herein) to determine whether it is categorically
or otherwise - empt from the operation of CEQA. Determination shall not
be limited to " " or "no" responses to questions, nor shall it be
merely conclusions hat there is no environmental effect. It must
contain declaratory s.- tements volunteering sufficient information
about the purpose and s .•e of the project and the setting in which
it will occur to enable th environmental significance to be assessed.
If it is determined that it i exempt, it shall be returned to the
person or agency submitting it th a statement that it is categorically
exempt, and notification of the ex -•..t status shall be published as a
legal notice in accordance with legal • otification procedures and made
available to the public in the office o he coordinator. Any person
desiring to appeal such exempt determinati.• shall file an appeal with
the Planning Department within five (5) days • the publication date of
such notification. The Planning Commission sha hear such appeal at
the first regularly scheduled date of Planning Co sion meeting.
In no event shall project approval be considered to h. e been granted
until ten days after the publication date of the legal n• ice herein
required.
Although the Coordinator may determine that a proje is
categorically or otherwise exempt from the operation of CEQA, th
Planning Commission or City Council may make a different determinat
7002. Initial Review - Non - Exempt Status: If it is determined
that the project is not exempt, then the Coordinator shall request
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information sufficient to determine whether or not the project may have
a significant effect on the environment. The information shall not
be limited to "yes" or "no" responses to questions, nor shall it be
merely conclusions that there is no environmental effect. It must
contain declaratory statements volunteering sufficient information
about the purpose and scope of the project and the setting in which
it will occur to enable the environmental significance to be assessed.
7003. Coordinator Recommendations to Planning Commission: The
Coordinator shall make a recommendation to the Planning Commission as
to whether or not the proposed project may have a significant effect
on the environment, and shall set the matter on the Planning Commission's
agenda for an environmental determination. If preparation of an
Environmental Impact Report (EIR) is recommended, the applicant shall
be notified of the date and approximate time of the hearing by the
Planning Commission.
7004. Planning Commission Determination - No Significant
Environmental Impact: The Planning Commission shall determine whether
or not a project may significantly affect the environment. If the
Planning Commission finds, based on the information submitted and
the evaluation of the Coordinator, that the proposed project will not
significantly affect the environment, then a Negative Declaration
shall be prepared and made available to the public in the office
of the coordinator and the processing of the project shall proceed
in the customary manner. A Negative Declaration must include a brief
description of the project as proposed, a finding that the project
will not have a significant effect on the environment, a brief state-
ment indicating who prepared the initial study and where a copy of it
may be obtained. The Negative Declaration should normally not exceed
one page in length.
7005. Finding of Negative Declaration - Commencement of Project:
Any approval given to the Project shall not become effective until the
thirty -first day following the filing of the Negative Declaration.
Any documents relating to the project, including its listing on any
agenda, shall thereafter bear note of the date of filing of the
Negative Declaration.
7006. Planning Commission Determination - Significant Environmental
Effect: If the Planning Commission determines that a project may have
a significant effect on the environment, then it shall order the
preparation of an EIR and determine the degree of specificity required
in the EIR.
7007. City Projects: These procedures shall be followed on all
City projects except that the City Council, instead of the Planning
Commission, shall make all necessary determinations under these
procedures as to matters which cannot be finally acted upon or denied
by the Planning Commission. In the event an EIR is required, the head
of the department carrying out the project shall be responsible for
preparation of the draft of the EIR which shall be submitted to the
Coordinator for review and distribution.
7008. Consideration of Environmental Impact Report Prior to
Project Approval: Once an EIR has been ordered for a project, no
approval may be given for the project or any portion thereof except
after consideration of the EIR.
7009. Waiver of Finding of Significant Effect: Any City agency or
applicant may waive the determination as to possible significant
effect by the Planning Commission and voluntarily submit a draft or
final EIR on the project for which approval is sought. A written
waiver shall accompany the application or request for approval.
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ARTICLE VIII. PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT
8001. Fee for Environmental Impact Report: Based upon the degree
of specificity determined by the Planning Commission, estimated costs
for the preparation of the EIR will be formulated. If the EIR is to
be prepared by contract, an estimate of the cost will be secured from
consultants determined by the coordinator to be qualified.
Costs estimated for the coordinator's processing shall be
included in the required fees. Additional fees beyond the contract
amount may be required if additional information is requested by the
Planning Commission before the EIR is accepted.
8002. Preparation of the Environmental Impact Report: City may
contract for the preparation of an EIR on any project to be carried
out by a private person which is partially funded by City agency
or requires the issuance of a lease, permit, license, certificate,
or other entitlement or use by the City. The applicant shall provide
any information required by the Coordinator for preparation of an EIR.
8003. Completion of Draft Environmental Impact Report - Notice:
Upon completion of a draft EIR, but prior to distributing copies for
review and consultation, the Coordinator shall give notice to the
Secretary of the State of California Resources Agency in the form
set forth in Appendix "A ".
The Coordinator shall also send a notice, accompanied by a
copy of the draft EIR, . to any other public agency having jurisdiction
over the project in question or having an interest in the project.
A copy of the draft EIR shall be available in the Office
of the Coordinator.
A news release announcing the availability of the draft
EIR and inviting public comment shall be mailed to each newspaper,
radio station, and television station whithin the County. In addition,
the availability of the draft EIR will be advertised as a legal
notice in accordance with legal notification procedures.
The notice to other public agencies, the press release, and
the legal notice shall include the following information for each
project:
(a) A brief description of the project.
(b) The location of the project.
(c) The locations where the public may review any draft EIR.
(d) The deadline for submission of public comments, which shall
not be less than thirty (30) days from the filing of
the Notice of Completion with the Secretary of Resources.
8004. Draft Environmental Impact Report - Incorporation of Comments:
A summary of written comments shall be prepared by the coordinator and
attached to the draft EIR, and the person or agency to carry out the
project may prepare a response to the summary, which shall also become
a part of the EIR. The response shall describe the disposition of
significant environmental issues raised, giving reasons why specific
comments and suggestions were not accepted, and list factors of over-
riding importance warranting a rejection of the suggestions.
8005. Draft Environmental Impact Report - Hearing: The final
EIR shall be forwarded to the initial decision - making entity, which
shall consider the contents of the EIR when any decision is made on
the project.
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When a project is to proceed through more than one decision -
making entity, the EIR may be the subject of public comment as is
any other aspect of the project; and at any public hearing, both the
EIR and the project must be considered. Summaries of pertinent public
comment at any hearing shall be appended to the EIR by the Coordinator,
accompanied by any rebuttal provided by a City department or applicant,
before the project proceeds to another approving entity. During all
stages of project review, the reviewer shall focus on the sufficiency
of the EIR in discussing possible impacts on the environment, the
ways in which adverse effects might be minimized, and possible
alternatives to the project.
8006. Consideration of Draft Environmental Impact Report: During
the course of project review, the Planning Commission may, in
accordance with these guidelines, impose conditions or alternatives
relating to consideration of the EIR or may require that additional
information be furnished.
8007. Complete and Adequate Report: At the time of final project
approval, the Planning Commission shall consider the completeness
and adequacy of the EIR in accordance with these guidelines. A
complete EIR involves at least, but is not limited to, seven elements:
(a) Impact
(b) Unavoidable effects
(c) Mitigation effects
(d) Alternatives
(e) Short term versus long term effects
(f) Irreversable changes
(g) Growth inducing impact
8008. Planning Commission Action on Environmental Impact Report:
If the Planning Commission finds that the Report is adequate and
complete, the Planning Commission shall then determine, on the basis
of the EIR, the facts presented and these guidelines whether or not,
in light of the effects of the project, the project should be:
(a) Approved.
(b) Denied.
(c) Whether or not alternatives or mitigating conditions should
be required to mitigate adverse environmental effects.
The Planning Commission may take the foregoing action during
the course of the project approval; it shall take final action at
the time of final project approval.
8009. Appeal to Council: Any action of the Planning Commission
in connection with these procedures may be appealed by the applicant,
or any other person, to the City Council as provided in Morro Bay
Zoning Ordinance Section 5110.11. On appeal, the City Council shall
have the power to reverse, affirm, or modify the decision of the
Planning Commission; shall have the right to grant or deny the
project; and shall have the right to require additional alternative
or mitigating conditions to mitigate the environmental impact of
the project.
8010. Final Decision: When a final decision is made on a project,
the final decision shall be made on the EIR and the Coordinator shall
file a Notice of Determination with the County Clerk. This notice
shall include the decision on the project, the determination as to
whether the project will or will not have a significant effect on the
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environment, and whether an EIR was prepared pursuant to the
provisions of CEQA, a copy of any Negative Declaration prepared
shall be attached to the Notice of Determination.
8011. Effective Date of Final Approval: Any final approval of the
environmental effect of a project, shall not become effective until the
thirty -first (31st) day following such final approval
8012. Acceptance of Final Conditions: Any conditions imposed in
connection with the consideration of the Environmental Impact Report
shall become conditions of final approval of the project and
applicant must accept such conditions. No Use Permit, Variance, or
other permit shall have any force or effect until a permittee
acknowledges receipt of all conditions of a project including those
conditions established upon consideration of the EIR and acceptance
of all conditions as required under the City of Morro Bay Zoning
Ordinance, Section 5110.10.
ARTICLE IX. SIMILAR, MULTIPLE, ON- GOING, AND PHASED PROJECTS
9001. A City agency or applicant may employ a single EIR to
describe more than one project, if such projects are substantially
the same in terms of environmental impact. Also, an EIR prepared
for an earlier project may be applied to a subsequent project if
the projects are substantially the same. EIRs may be written in
advance for entire programs or regulations, in order to prepare for
coming project applications.
When any of the foregoing alternatives are elected, the decision -
making entity must find that the effects of the projects are similar
enough to warrant the same treatment in an EIR and that the EIR
submitted adequately covers the impact of any single project and
comments on the combined effect. If these findings are not made,
the EIR must be amended to apply to the particular characteristics
of the individual project.
9002. Where one in a series of projects, or one phase of a total
project, may not have a significant effect, but the total undertaking
may, a single EIR must be prepared for the ultimate project.
Where an individual project is precedent to action on a larger
project or commits the City or applicant to a larger project, any
EIR required must address the scope of the larger project.
9003. Only one EIR or Negative Declaration shall be made for
an on -going activity even where the activity involves, at different
stages, more than one project, as defined herein.
X. CRITERIA FOR EVALUATION OF PROJECTS
10001. If any of the effects of a project may have a substantial
adverse impact on the environment, regardless of whether the overall
effect of the project is adverse or beneficial, then an environmental
impact report must be prepared.
10002. Although there may be a difference of opinion on whether
a particular effect should be considered adverse or beneficial,
where there is or there is anticipated to be a substantial body of
opinion that will consider the effect to be adverse, the public
agency should prepare or cause to be prepared an EIR to explore
the environmental effects involved.
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10003. Both primary and secondary consequences of a project
shall be considered. Primary consequences are immediately related
to the project, while secondary consequences are related more to
primary consequences than to the project itself. For example,
the construction of a new treatment plant may facilitate population
growth as a secondary consequence.
10004. A significant effect on the environment may occur if a
project:
(a) Is in conflict with environmental plans and goals that
have been adopted by the City where the project is to
be located;
(b) Has a substantial and demonstrable negative aesthetic
effect;
(c) Substantially affects a rare or endangered species of
animal or plant, or habitat of such a species;
(d) Causes substantial interference with the movement of any
resident or migratory fish or wildlife species;
(e) Breaches any published national, state, or local standards
relating to solid waste or litter control;
(f) Results in a substantial detrimental effect on air or
water quality, or on ambient noise levels for adjoining
areas;
(g) Involves the possibility of contaminating a public water
supply system or adversely affecting ground water;
(h) Could cause substantial flooding, erosion, or siltation;
(i) Is subject to major geologic hazards.
10005. In every case where any of the following conditions are
found to exist as a result of a project, the project shall be found
to have a significant effect on the environment:
(a) Impacts which have the potential to degrade the quality
of the environment or curtail the range of the environment.
(b) Impacts which achieve short -term, to the disadvantage of
long -term, environmental goals. A short -term impact on
the environment is one which occurs in a relatively brief,
definitive period of time, while long -term impacts will
encure well into the future.
(c) Impacts for a project which are individually limited, but
cumulatively considerable. A project may impact on two
or more separate resources where the impact on each resource
is relatively small. If the effect of the total of those
impacts on the environment is significant, an EIR must
be prepared. This mandatory finding of significance does
not apply to two or more separate projects where the impact
of each is insignificant.
(d) The environmental effects of a project will cause sub-
stantial adverse effects on human beings, either directly
or indirectly.
• •
ARTICLE XI. CONTENTS OF ENVIRONMENTAL IMPACT REPORTS
11001. Environmental Impact Reports shall contain the information
described in the following paragraphs.
11002. Description of project including:
(a) The precise location and boundaries of the proposed project
shall be shown on a detailed map, preferable topographic.
The location of the project shall also appear on a regional
map.
(b) A statement of the objectives sought by the proposed
project.
(c) A general description of the project's technical, economic,
and environmental characteristics, considering the prin-
cipal engineering proposals.
11003. Description of Environmental Setting in the vicinity of
the project, as it exists before commencement of the project, from
both a local and regional perspective. Knowledge of the regional
setting is critical to the assessment of environmental impacts.
Special emphasis should be placed on environmental resources that
are rare or unique to the region. Specific reference to related
projects, both public and private, both existing and planned, in
the region should also be included, for the purpose of examining
the possible cumulative impact of such projects.
11004. Environmental Impact of all phases of a project:
planning, acquisition, development and operation. The following
subjects shall be separately discussed:
(a) The direct and indirect impact of the project on the
environment, giving due consideration to both the short -
term and long -term effects. The description should
include specifics of the area, the resources involved,
physical changes, alterations to ecological systems,
and changes induced in population concentration, the
human use of the land (including commercial and residen-
tial development) and other aspects of the resource base
such as water, scenic quality and public services.
11005. Any Adverse Environmental Effects Which Cannot Be Avoided
If the Proposal is Implemented should be described, including those
which can be reduced to an insignificant level, but not eliminated.
Where there are impacts that cannot be alleviated without imposing
an alternative design, their implications and the reasons why the
project is being proposed, notwithstanding their effect, should be
described. Do not neglect impacts on any aesthetically valuable
surroundings or on human health.
11006. Mitigation Measures Proposed to Minimize the Impact which
are written into the project plan to reduce significant environ-
mentally adverse impacts to insignificant levels should be described
and the basis for considering these levels acceptable. If a parti-
cular mitigation measure has been chosen from among several alter-
natives, it should be discussed and reasons given for the choice
made.
11007. Alternatives to the Proposed Action include any known
alternatives to the project or to the location of the project,
which could feasibly attain the basic objectives of the project,
and the EIR should explain why they were rejected in favor of the
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• •
ultimate choice. The specific alternative of "no project" must
also always be evaluated, along with the impact. Attention should
be paid to alternatives capable of substantially reducing or
eliminating any environmentally adverse impacts, even if these
alternatives substantially impede the attainment of the project
objectives and are more costly.
11008. Relationship Between Local Short -Term Uses of Man's
Environment and the Maintenance and Enhancement of Long -Term
Productivity is a description of the cumulative and long -term
effects of the proposed project which adversely affect the state
of the environment, paying special attention to impacts which
narrow the range of beneficial uses of the environment or pose
long -term risks to health or safety. In addition, the reasons why
the proposed project is believed by the sponsor to be justified
now, rather than reserving an option for further alternatives,
should be explained.
11009. Any Irreversible Environmental Changes Which Would Be
Involved in the Proposed Action If It Should Be Implemented include
uses of non - renewable resources during the initial and continued
phases of the project, which may be irreversible because a large
commitment of such resource makes removal or non -use thereafter
unlikely. Primary impacts and, particularly, secondary impacts,
such as a highway improvement which provides access to a non - accessible
area, generally commits future generations to similar uses. Also,
irreversible damage can result from environmental accidents associated
with the projects. Irretrievable commitments of resources should
be evaluated to assure that such current consumption is justified.
11010. The Growth - Inducing Impact of the Proposed Action means
the ways in which the proposed project could foster economic or
population growth, either directly or indirectly, in the surrounding
environment. Included in this are projects which would remove
obstacles to population growth; for example, a major expansion of
a waste water treatment plant might allow for more construction in
service areas. Increases in the population may further tax existing
community service facilities, so consideration must be given to
this impact. Also, discuss the characteristic of some projects
which may encourage and facilitate other activities that could
significantly affect the environment, either individually or cumula-
tively. It must not be assumed that growth in any area is necessarily
beneficial, detrimental, or of little significance to the environment.
11011. Other Required Information. The identity of all federal,
state or local agencies, other organizations, and private individuals
consulted in preparing the EIR and the identity of the persons, firm
or agency preparing the EIR, by contract or other authorization must
be given.
If water quality aspects of the proposed project have been pre-
viously certified by the appropriate state or inter -state organiza-
tion as being in substantial compliance with applicable water quality
standards, reference to the certification should be made.
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• •
APPENDIX "A"
CATEGORICAL EXEMPTIONS
and'Related Exemptions from
Environmental Impact Report Requirements
The following classes of projects have no significant impact on the
environment. No further environmental impact determination is needed
for these projects.
NOTE: Classes 1 through 12 are qualified by considerations of
•where the project is to be located - a project that is ordinarily
insignificant in its impact on the environment may in a particularly
sensitive environment be significant. Therefore, these classes are
considered to apply in all instances, EXCEPT where the project may
impact on an environmental resource, or hazard of critical concern
as may be hereafter designated, precisely mapped, and officially
adopted pursuant to law. Moreover, all exemptions for these classes
are inapplicable when the cumulative impact of successive projects
of the same type in the same place, over time is significant - for
example, annual additions to an existing building under Class 1.
CLASS 1: EXISTING FACILITIES
Operation, repair, maintenance, or minor alteration of existing
public or private structures, facilities, mechanical equipment, or
topographic features, including the following:
(a) Interior or exterior alterations involving interior parti-
tions, plumbing, and electrical conveyances, and similar
alterations.
(b) Existing facilities of both investor, and publicly owned
utilities used to convey or distribute electric power, natural
gas, sewage, etc.
(c) Existing highways and streets within already established
rights -of -way sidewalks, gutters, resurfacing, bicycle and
pedestrian trails, and similar facilities.
(d) Restoration or rehabilitation of deteriorated or damaged
structures, facilities or mechanical equipment to meet current
standards of public health and safety, unless it is determined
that the damage was substantial and resulted from an environ-
mental hazard such as earthquake, landslide or flood.
(e) Additions to existing structures provided that the addition
will not result in an increase of more than 50 percent of the
floor area of the structure before the addition or alteration,
or 2500 square feet, whichever is less.
(f) Addition of safety or health protection devices for use during
construction of or in conjunction with existing structures,
facilities or mechanical equipment, or topographical features
(including navigational devices).
(g) New copy on existing on and off premises signs.
(h) Maintenance of existing landscaping, native growth and water
supply reservoirs (excluding the use of economic poisons, as
defined in Division 7, Chapter 2, California Agricultural Code.)
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• •
APPENDIX "A"
(i) Maintenance of fish screens, fish ladders, wildlife habitat
areas, artificial wildlife waterway devices, streamflows,
springs and waterholes, and stream channels (clearing of debris)
to protect fish and wildlife resources.
(j) Division of existing multiple family rental units into condo-
miniums.
(k) Demolition and removal of buildings and related structures
except where they are of historical, archaeological or archi-
tectural consequence as officially designated by Federal, State
or local governmental action.
(1) Fish stocking by California Department of Fish and Game.
CLASS 2: REPLACEMENT OR RECONSTRUCTION
Class 2 consists of replacement or reconstruction of existing facilities
where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the
structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals
to provide earthquake resistant structures which do not increase
capacity more than 50 %.
(b) Replacement of a commercial structure on the same site with a new
structure of substantially the same size and purpose.
CLASS 3: NEW CONSTRUCTION
Class 3 consists of construction and location of single, new, small
facilities or structures and installation of small, new equipment and
facilities including but not limited to:
(a) Single family residences not in conjunction with the building
of two or more such units.
(b) Motels, apartments, and duplexes designed for not more than four
dwelling units if not in conjunction with the building of two or
more such structures.
(c) Stores, offices, and restaurants if designed for an occupant load
of 20 persons or less, if not in conjunction with the building of
two or more such structures.
(d) Water main, sewage, electrical, gas and other utility extensions
of reasonable length and size to serve such construction.
(e) Accessory (appurtenant) structures including garages, carports,
patios, swimming pools and fences.
CLASS 4: MINOR ALTERATIONS TO LAND
Class 4 consists of minor public or private alterations in the condition
of land, water and vegetation which do not involve removal of mature,
scenic trees except for forestry or agricultural purposes. Examples
including but not limited to:
-15-
• •
(a) Grading on land with a slope of less than 10 percent, except
where it is to be located in a waterway, in any wetland, in an
officially designated (by Federal, State or local governmental
action) scenic area, or in officially mapped areas of severe
geologic hazard.
(b) New gardening or landscaping.
(c) Filling of earth, except for sanitary landfill, into previously
excavated land with material compatible with the natural features
of the site.
(d) Minor alterations in land, water and vegetation on existing
officially designated wildlife management areas or fish pro-
duction facilities which result in improvement of habitat for
fish and wildlife resources or greater fish production.
(e) Minor temporary uses of land having negligible or no permanent
effects on the environment, including carnivals, sales of
Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored.
CLASS 5: ALTERATIONS IN LAND USE LIMITATIONS
Class 5 consists of minor alterations in land use limitations, except
zoning, including but not limited to:
(a) Minor lot line adjustments, side yard and setback variances
not resulting in the creation of any new parcel nor in any
change in land use or density.
(b) Issuance of minor encroachment permits.
CLASS 6: INFORMATION COLLECTION
Basic data collection, research, experimental management and resource
evaluation activities which do not result in a serious or major dis-
turbance to an environmental resource. These may be for strictly
information gathering purposes, or as part of a study leading to an
action which a public agency has not yet approved, adopted or funded.
CLASS 7: REGULATORY ACTIONS FOR PROTECTION OF NATURAL RESOURCES
Actions taken by regulatory agencies, as authorized by State law or
local ordinance, to assure the maintenance, restoration or enhancement,
of a natural resource where the regulatory process involves procedures
for protection of the environment. Examples include but are not
limited to wildlife, preservation activities of the State Department
of Fish and Game. Construction activities are not included in this
exemption.
CLASS 8: SECTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE
ENVIRONMENT
Class 8 consists of actions taken by regulatory agencies, as authorized
by state or local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment.
Construction activities are not included in this exemption.
-16-
1
• •
CLASS 9: INSPECTIONS
Activities limited entirely to inspection, to check for performance
of an operation, or quality, health or safety of a project, including
related activities such as inspection for possible mislabeling, mis-
representation or adulteration of products.
CLASS 10: LOANS
Class 10 consists of loans made by the Department of Veterans Affairs
under the Veterans Farm and Home Purchase Act of 1943, mortgages for
the purchase of existing structures where the loan will not be used
for new construction and the purchase of such mortgages by financial
institutions. Class 10 includes but is not limited to the following
examples:
(a) Loans made by the Department of Veterans Affairs under the Veterans
Farm and Home Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies by the
Public Employees Retirement System and by the State Teachers
Retirement System.
CLASS 11: ACCESSORY STRUCTURES
Class 11 consists of construction or placement of minor structures
accessory to (appurtenant to) existing commercial, industrial, or
institutional facilities, including:
(a) On- premise Signs.
(b) Small parking lots.
CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES
Class 12 consists of sales of surplus government property except for
parcels of land located in an area of statewide interest or potential
area of critical concern as identified in the Governor's Environmental
Goals and Policy Report of June 1, 1973.
RELATION TO MINISTERIAL PROJECTS
Section 21080 of the Public Resources Code as added by Chapter 1154,
Statutes of 1972, exempts all ministerial projects and activities of
public agencies from application of the CEQA. The matter of what is
or is not a ministerial project is up to the determination of each
public agency, based on an examination of the applicable laws and
ordinances. Thus, while the Categorical Exemptions listed in this
subsection contain classes or examples of projects which in many
cases will be ministerial, the inclusion of them is in no way intended
to imply any finding here that, in any particular jurisdiction, they
are ministerial or discretionary. The exemptions, naturally, only
apply where the project in question is found to be discretionary.
EXCEPTION BY LOCATION
Class 3, 4, 5, 6, and 11 are qualified by consideration of where the
project is to be located -- a project that is ordinarily insignificant
in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, these classes are considered
to apply in all instances, EXCEPT where the project may impact on an
environmental resource of hazardous or critical concern as may be
hereafter designated, precisely mapped, and officially adopted pursuant
to law by federal, state or local agencies. Moreover, all exemptions
for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same type in the same place,
over time is significant -- for example annual additions to an existing
building under Class 1.
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•
RESOLUTION NO. 21 -74
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF
SAN LUIS OBISPO COUNTY TO PROVIDE FOR
THE CONSOLIDATION OF A SPECIAL MUNICIPAL BOND ELECTION
WITH THE STATE OF CALIFORNIA DIRECT
PRIMARY ELECTION TO BE HELD ON JUNE 4, 1974
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council (hereinafter sometimes called
the "Council ") of the City of Morro Bay (hereinafter called the
"City ") in San Luis Obispo County (hereinafter called the
"County "), State of California, has heretofore duly adopted an
ordinance calling a special municipal bond election in the City
to be held on Tuesday, June 4, 1974, at which will be submitted
to the qualified electors of the City a measure for incurring
a bonded indebtedness of the City as hereinafter set forth; and
WHEREAS, a State of California Direct Primary Election will
be held on Tuesday, June 4, 1974, and it is the desire of the
Council that said special municipal bond election be consolidated
with said Direct Primary Election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
Section 1. Said special municipal bond election shall be
held on Tuesday, June 4, 1974, at which election shall be sub-
mitted to the qualified electors of the City the following
measure, to wit:
MEASURE: Shall the City of Morro Bay
Wastewater incur a bonded indebtedness
Reclamation in the principal amount of
Facilities) $450,000 for the acquisition,
construction and completion of
the following municipal improvement, to wit:
Wastewater reclamation facilities, comprising
a filtration and reclamation system for effluent
wastewater consisting of an equalization tank,
filtration facilities, an effluent pump station,
force mains, surge control facilities, aeration
facilities, irrigation facilities, a storage
reservoir, spray disposal facilities and a
flocculation- sedimentation basin, together with
necessary pipes, pumps, filters, machinery,
control equipment and lands therefor; and other
works, property or structures necessary or con-
venient for wastewater reclamation facilities
for the City of Morro Bay?
Section 2. The Board of Supervisors of the County is hereby
requested to order the consolidation of said special municipal
bond election with said Direct Primary Election to be held on
Tuesday,June 4, 1974, insofar as the City is concerned, and to
further provide that within the territory affected by said order
of consolidation, to wit, the City, the election precincts, polling
places and voting booths shall in every case be the same, and
there shall be only one set of election officers in each of said
•
Resolution No. 21 -74
Page Two
precincts. Said measure for incurring bonded indebtedness herein -
above set forth shall be set forth in each form of ballot to be
used at said election insofar as the same is held within the City.
The Board of Supervisors of the County is further requested to
order the County Clerk of the County (i) to set forth on all sample
ballots relating to said consolidated elections, to be mailed to
the qualified electors of the City, said measure hereinabove set
forth, and to mail with said sample ballots to said electors printed
copies of arguments (if any) for and against said measure, and a
copy of the tax rate statement, and (ii) to provide absent voter
ballots for said Direct. Primary Election and said special municipal
bond election consolidated therewith for use by qualified electors
of the City who are entitled thereto, in the manner provided by law.
Section 3. The Board of Supervisors of the County is hereby
further authorized to canvass, or cause to be canvassed, as provided
by law, the returns of said special municipal bond election with
respect to the votes cast on said measure and to certify such
canvass of the votes cast for and against said measure to the Council.
Section 4. The City Clerk is hereby authorized and directed
to certify to the due adoption of this resolution and to transmit
a copy hereof so certified to the Board of Supervisors of the County
and to file a copy hereof so certified with the County Clerk of
the County.
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: Councilman Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 11, 1974
ATTEST:
A F *de,
E C. M ITC ,
Mayor
•
RESOLUTION NO. 20 -74
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855
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 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 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: February 25, 1974
ATTEST:
Z . WARDEN, City Clerk
D
fi
LE C. MITC L, Mayor
• •
RESOLUTION NO. 19 -74
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 Jennings , 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, Jennings, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 25, 1974
ATTEST:
0 ;T --yor
DA C. MITCH , Mayor
M. L. WARDEN, City Clerk
• •
RESOLUTION NO. 18 -74
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE
CITY OF MORRO BAY OF THE FOLLOWING MUNICIPAL IMPROVEMENT, TO %WIT:
WASTEWATER RECLAMATION FACILITIES: AND THAT THE COST OF
SAID MUNICIPAL IMPROVEMENT WILL REQUIRE AN EXPENDITURE GREATER
THAN THE AMOUNT ALLOWED THEREFOR BY THE ANNUAL TAX LEVY
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:
1. That the public interest and necessity demand the
acquisition, construction and completion by the City of Morro Bay
of the following municipal improvement, to wit:
Wastewater reclamation facilities,
comprising a filtration and reclamation system
for effluent wastewater' consisting of an
equalization tank, filtration facilities, an
effluent pump station, force mains, surge
control facilities, aeration facilities, irriga-
tion facilities, a storage reservoir, spray dis-
posal facilities and a flocculation- sedimentation
basin, together with necessary pipes, pumps,
filters, machinery, control equipment and lands
therefor; and other works, property or structures
necessary or convenient for wastewater reclamation
facilities for the City of Morro Bay.
2. That the acquisition, construction and completion
of said municipal improvement is necessary and convenient to carry
out the objects, purposes and powers of the City of Morro Bay.
3. That the cost of the acquisition, construction and
completion of said municipal improvement is and will be too great
to be paid out of the ordinary annual income and revenue of the
City of Morro Bay, and that said municipal improvement will require
• •
RESOLUTION NO. 18 -74
PAGE TWO
an expenditure greater than the amount allowed therefor by the
annual tax levy and that the City of Morro Bay should incur a
bonded indebtedness therefor.
On motion by Councilman Jennings and seconded by
Councilman Donohoo, the Morro Bay City Council hereby adopts in
its entirety the foregoing proposed resolution, on the following
roll call vote:
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 25, 1974
ATTEST:
M. L. WARDEN, City Clerk
DALE C. MITCHEL�yor
• •
RESOLUTION NO. 17 -74
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON THE 5TH DAY OF MARCH, 1974,
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 5th day
of March, 1974, 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:
SECTION 1. That pursuant to Section 22932.5 of the
Elections Code of the State of California, the canvass of
the regular general municipal election to be held in the
City of Morro Bay, County of San Luis Obispo, State of
California, on Tuesday, the 5th day of March, 1974, is
hereby ordered to be made by the City Clerk of the City of
Morro Bay.
SECTION 2. That the City Clerk of said City shall prior
to the 12th day of March, 1974, complete the canvass of the
regular general municipal election to be held in said City
on the 5th day of March, 1974, and shall certify the results
to this said City Council on the 12th day of March, 1974.
SECTION 3. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the
same in the book of original Resolutions of said City,
and shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council of
said City, in the minutes of the meeting at which the same
is passed and adopted.
SECTION 4. That this Resolution shall take effect
immediately.
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: February 25, 1974
ATTEST:
M. L. WARDEN, City Clerk
A.& , Mayor C. MITCH Mayor
.4
• •
RESOLUTION NO. 16 -74
RESOLUTION ACCEPTING RECOMMENDATION
OF THE CITY PLANNING COMMISSION
AND ADOPTING THE OPEN SPACE AND CONSERVATION ELEMENT
OF THE CITY GENERAL PLAN
T H E C I T Y C O U N C I L '
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro
Bay did, on January 7, 1974, conduct a public hearing to consider
the adoption of the Open Space and Conservation Element of the
City General Plan in conformance with Section 65351 of the
Government Code of the State of California; and
WHEREAS, said Planning Commission did, by Planning
Commission Resolution No. 1 -74, adopt said Open Space and Con-
servation Element and did further recommend that the City Council
formally adopt said Open Space and Conservation Element as a portion`
of the General Plan for the City of Morro Bay; and
WHEREAS, the Morro Bay City Council has held public
hearings on January 29, 1974, February 11, 1974, and February 25,
1974, as required by Section 65355 of the Government Code of the State
of California, at which hearing any person desiring to be heard
to express their views for or against or in modification of
said proposed Open Space and Conservation Element was so heard
and their testimony considered; the following resolution is hereby
proposed:
RESOLVED that the Morro Bay City Council does hereby
adopt the Open Space and Conservation Element of the General Plan
in conformance with Section 65355 of the Government Code of the
State of California.
On motion by Councilman Donohoo 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:
•
• •
RESOLUTION NO. 16 -74
PAGE TWO
AYES:
NOES:
Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
None
ABSENT: None
ADOPTED: February 25, 1974
LEA e aO
DALE, C. MITCH L , Mayor
ATTEST:
M. L. WARDEN, City Clerk
• •
RESOLUTION NO. 15 -74
RESOLUTION AWARDING FIRE AND
ALLIED PERILS INSURANCE COVERAGE
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
WHEREAS, the City of Morro Bay has solicited
quotations for Fire and Allied Perils Insurance; and
WHEREAS, Morro Bay Insurance Center has submitted
the lowest quotation consistent with the requirements
of the city;
NOW, THEREFORE, BE IT RESOLVED that the City of
Morro Bay liability insurance coverage for the period
March 18, 1974 to March 18, 1977 be awarded to Morro
Bay Insurance Center, Morro Bay, California.
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, Keiser, McConaghay
and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: February 11, 1974
0 a1i e
D E C. MITC L, Mayor
ATTEST:
WARDEN, City clerk
• •
RESOLUTION NO. 14 -74
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO THE COMMITTEE TO ELECT
ROBERT DUNN AND THE COMMITTEE TO ELECT GENE SHELTON
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
Committee to elect Robert Dunn and the Committee to '
elect Gene Shelton, 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 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: February 11, 1974
A ALE C. MITCHELL, Mayor
ATTEST:
M. L. WARDEN, City Clerk
SIN
RESOLUTION NO. 13 -74
RESOLUTION ADOPTING A BUDGET CALENDAR
1974 -75 FISCAL YEAR
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the Morro Bay City Council will meet
in regular and special sessions to consider the matter
of adopting a budget for the fiscal year 1974 -75 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 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: February 11, 1974
ATTEST:
..
•
M. . WARDEN, City Clerk
E C . MITC;HELL , Mai
•
CITY OF MORRO BAY
BUDGET CALENDAR
1974 -75 FISCAL YEAR
Period
April 22
April 22
May 13 -June 3
June 10
June 24
June 28
July 15 -31
August 12
Submit estimates of assessed valuations
and revenues for next fiscal year
Submit preliminary budget for Council
consideration. Set dates for budget
conferences.
City Council budget study conferences
Pre- adoption public hearing for final budget
Adopt final budget and appropriation resolution
Complete duplication of final budget
Receive certification of assessed valuations
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. r5..-;y
• •
RESOLUTION NO. 12 -74
RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
TO ESTABLISH A ZONE OF THE SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FOR THE IMPLEMENTATION OF THE NACIMIENTO WATER PROJECT
AND REQUESTING THAT THE CITY OF MORRO BAY BE INCLUDED IN
SAID ZONE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, San Luis Obispo County is proceeding with the steps
to implement the Nacimiento Water Project; and
WHEREAS, the City Council of the City of Morro Bay has
previously supported implementation of this project; and
WHEREAS, it is necessary to establish the formation of a
zone for the implementation of the project.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City
Council does hereby request that the San Luis Obispo County
Board of Supervisors establish a zone of the San Luis Obispo
County Flood Control and Water Conservation District for the
implementation of the Nacimiento Water Project; and
BE IT FURTHER RESOLVED that the Morro Bay City Council
does hereby request that the City of Morro Bay be included in
said zone.
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 Mitche;
NOES: None
ABSENT: None
ADOPTED: February 11, 1974
ATTEST:
teA,Th M. L. WARDEN, C
C. MITCH L, Mayor -`"
• •
RESOLUTION NO. 11 -74
RESOLUTION IDENTIFYING THE BUILDING PERMIT
SYSTEM AND REVIEW PROCEDURE WITH REGARD TO
MUDSLIDE -PRONE AREAS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Federal Flood Insurance Act of 1968 establishes
procedures for identifying mudslide -prone areas and requires the
establishment of review procedures for all buildings within such
areas; and
WHEREAS, the Federal Flood Insurance Act requires these
procedures in order to qualify for immediate assistance in obtaining
Flood Insurance; and
WHEREAS, these procedures may be modified upon completion of
the required Federal studies; and
WHEREAS, qualifying for Federal Flood Insurance is in the best
interest of the general public and requires immediate action due to
the requirements of Federal emergency legislation; and
WHEREAS, the City of Morro Bay has adopted and is enforcing
the Uniform Building Code and Chapter 1, Title V of the Morro Bay
Municipal Code entitled "Zoning Ordinance "; and
WHEREAS, Section 4200, Chapter 1, Title V of the Morro Bay
Municipal Code prohibits any person, firm or corporation from
erecting, constructing, enlarging, altering, repairing, improving,
moving or demolishing any building or structure without first
obtaining a separate building permit for each building structure
from the Building Department; and
WHEREAS, the Building Department must examine all plans and
specifications for the proposed construction when application is
made to them for a building permit:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. That the Morro Bay Building Department shall require the
issuance of a permit for any excavation, grading, fill,
or construction in the community; and
2. That the Morro Bay Building Department shall require
review of each permit application to determine whether
the proposed site and improvements will be reasonably
safe from mudslides. If a proposed site and improvements
are in a location that may have mudslide hazards, a
further review must be made by persons qualified in
geology and soils engineering; and the proposed new
construction, substantial improvement, or grading must
(i) be adequately protected against mudslide damage and
(ii) not aggravate the existing hazard.
• •
Resolution No. 11 -74
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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 28, 1974
ATTEST:
WARDEN, City Clerk
D /Qr MITCfiELL; "MaybrG"
• 1
RESOLUTION NO. 10 -74
RESOLUTION AMENDING RESOLUTION NO. 48 -73
TO DELETE REFERENCE TO THE SOUTH BAY FIRE DEPARTMENT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Resolution No. 48 -73 makes reference to the South
Bay Fire Department; and
WHEREAS, due to reorganization of the Fire District, the
correct reference should be to the County of San Luis Obispo
acting on behalf of County Service Area 9; and
WHEREAS, Resolution No. 48 -73 makes reference to an attached
agreement entitled "Agreement for Mutual Fire Protection Aid ";
and
WHEREAS, the terminology should properly be "Contract" in
lieu of "Agreement'.'.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 48 -73
is hereby amended to refer to the County of San Luis Obispo
and County Service Area 9 and that the term "Agreeement" is
changed to read "Contract ".
BE IT FURTHER RESOLVED that the Mayor and the City Clerk
be and are hereby authorized to sign the contract between the
City of Morro Bay and the County of San Luis Obispo, acting in
behalf of County Service Area 9.
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, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 28, 1974
ATTEST:
WARDEN, City Clerk
e /paw
DALE C. MITCH L , Mayor
• •
RESOLUTION NO. 9 -74
RESOLUTION APPROVING LOW BID
FOR AN ELECTRONIC ACCOUNTING SYSTEM
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Burroughs Corporation has submitted the
low bid for supplying an electronic accounting system
for the City of Morro Bay in conformance with the bid
requirements for Bid No. 1 -74.
NOW, THEREFORE, BE IT RESOLVED that the Morro
Bay City Council does hereby accept the low bid for
an electronic accounting system as submitted by
Burroughs Corporation, 705 E. Main, Santa Maria, Cali-
fornia.
On motion by Councilman Donohoo 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: January 28, 1974
ATTEST:
WARDEN, City Cler
D E C. MITCn L, May/
•
APPLICATION TO PURCHASE
The City of Morro Bay agrees to purchase the follow-
ing described property at the minimum bid price and agrees,
in addition, to pay the redemption fees and the cost of
advertising. The property is described as follows:
Code 6 -02 Parcel 65- 085 -14
Code 6 -02 Parcel 65- 191 -42
Code 6 -02 Parcel 66- 186 -16
This agreement is entered into this 15th day of
January, 1974,at the City of Morro Bay, California.
ATTEST:
M. L. WARDEN, City Clerk
DALE C. MITCH L , Mayor
• •
RESOLUTION NO. 8 -74
RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED
PROPERTY AND AGREEMENT TO PURCHASE
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 wishes to acquire
certain tax deeded property; and
WHEREAS, it is necessary to establish such intention
by resolution and submit an agreement for purchase:
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay objects to the sale of the
following tax deeded property:
Code 6 -02 Parcel 65- 085 -14
Code 6 -02 Parcel 65- 191 -42
Code 6 -02 Parcel 66- 186 7,16
BE IT FURTHER RESOLVED that the City of Morro Bay
hereby agrees to purchase and the Mayor and City Clerk
are hereby authorized to execute an agreement to purchase
the above described property for the minimum bid price;
redemption fees; and costs of advertising.
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: January 14, 1974
ATTEST:
. WARDEN, City Clerk
DALE C. MITCHL, allor
h
RESOLUTION NO. 74
RESOLUTION SUPPORTING ASSEMBLY BILL 594 OF
THE CALIFORNIA LEGISLATURE FOR THE
1973 -74 REGULAR SESSION AND ANY OTHER SIMILAR
LEGISLATION RELATING TO BEVERAGE CONTAINERS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, it has been amply demonstrated that the disposal of
nonreturnable or throwaway beverage containers is producing a sub-
stantial adverse effect upon the environment, particularly the
beaches, parks, and highways, which is injurious to the health,
safety and welfare of the residents of the entire State of California;
and
WHEREAS, nonreturnable or throwaway beverage containers also
substantially add to the problem of solid waste disposal in com-
munities throughout the State of California; and
WHEREAS, it is extremely difficult to solve the problems
created by the disposal of said beverage containers either at the
local level or through existing laws banning littering; and
WHEREAS, as found in the State of Oregon in 1972, said problems
must be dealt with on at least the state level through legislation
directed toward eliminating the sale of beverages in nonrefundable
containers and encouraging the return of said containers to the
manufacturers; and
WHEREAS, several bills in the past years which addressed them-
selves to said problems unfortunately have been defeated in the
Legislature of the State of California; and
WHEREAS, Assembly Bill 594 has been introduced to the Legisla-
ture of the State of California for the 1973 -74 Regular Session; and
WHEREAS, Assembly Bill 594 as of April 12, 1973, in substance
requires specified beverage containers sold or offered for sale in
the State of California to have specified refund values; requires
dealers, distributors, and manufacturers to accept, and pay deposit
on, such specified containers; requires container labeling or other
marking to facilitate the return of such containers; and provides
for enforcement by the Department of Alcoholic Beverage Control; and
WHEREAS, said Assembly Bill 594 appears to be reasonably cal-
culated to solve some of the major problems resulting from the sale
of nonreturnable beverage containers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
Section 1. The Senate and the Assembly of the State of Cali-
fornia hereby are urged to enact Assembly Bill 594 and any other
legislation which will help to eliminate the environmental blight
created by nonreturnable beverage containers.
Section 2. The Senate and the Assembly of the State of Cali-
fornia hereby are urged to promote, encourage, and support research
by the beverage and container industries in the field of biodegradable
containers and the recycling of containers.
Resolution No. 7 -74
Page Two
Section 3. The City Clerk is directed to transmit a certified
copy of this resolution to Assemblyman Robert P. Nimmo; to Senator
Donald L. Grunsky; and to Assemblyman Julian Dixon, who introduced
Assembly Bill 594.
On motion by Councilman Jennings and seconded by Mayor,
Mitchell , the Morro - Bay- e± ty- eonnc ± ±- hereby-adopts- the-foregoing
proposed resolution M FAILED.c :: ,L., on the following roll call vote:
AYES: Councilman Jennings and Mayor Mitchell
NOES: Councilmen Donohoo, Keiser, and McConaghay
ABSENT: None
ADOPTED:
ATTEST:
M. L. WARDEN, City Clerk
DALE C. MITCHELL, Mayor
• •
RESOLUTION NO. 6 -74
RESOLUTION APPROVING BID'
FOR ANNUAL` CHLORINE" PURCHASE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Director of Public Works has recommended
the acceptance of the bid submitted by Coastal Ag -Chem for
supplying chlorine for the period February 1, 1974 through
January 31, 1975, in conformance with the bid requirements
dated December 5, 1973, Bid No. 6 -73:
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City
Council does hereby accept the bid for chlorine as submitted
by Coastal Ag -Chem, P. 0. Box 775, Paso Robles, California.
On motion by Councilman Donohoo 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: January 14, 1974
ATTEST:
. WARDEN, Ci. Clerk
Ct DALE C. MITCHELL
RESOLUTION NO. 5 -74
RESOLUTION OF INTENTION TO ABANDON PORTIONS OF
CERTAIN CITY STREETS AND SETTING DATE FOR HEARING
T H E C I T Y C O U N C I L
City of Morro Bay, California
RESOLVED that the City Council of the City of Morro Bay
intends to vacate, pursuant to the Street Vacation Act of 1941,
portions of Spencer Drive and Norwich Avenue, 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, February 11, 1974, at
7:30 P.M. in the Morro Bay Recreation Hall, Morro Bay, California,
to consider the matter of vacation of such streets, and at the
time of said public hearing any person interested in or objecting
to said abandonment may appear and express their views for or
against the proposed street abandonments; 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
streets at intervals of three hundred (300) feet or less, at
least ten (10) days before the date set for hearing.
On motion made 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:
•
Resolution No. 5 -74
Page Two
AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 14, 1974
ATTEST:
DALE C. MITCH� ig
Mayor
. WARDEN, City Clerk
RESOLUTION NO. 4 -74
RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING
ON ADOPTION OF OPEN SPACE AND
CONSERVATION ELEMENT TO THE COMPREHENSIVE
GENERAL PLAN '
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Government Code of the State of California
specifies procedures to be followed in the adoption of a General
Plan or any part or element thereof; and
WHEREAS, the City Planning Commission held a public hearing
on the adoption of the Open Space and Conservation Element to the
Comprehensive General Plan on January 7, 1974; and
WHEREAS, it is in the best interest of the City of Morro Bay
that a public hearing be scheduled for the consideration of the
Open Space and Conservation Element to the Comprehensive General
Plan to expedite certain work being done by agencies of the Federal
Government.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council
will hold a public hearing on January 28, 1974, and at such public
hearing consideration will be given to the adoption of said Open
Space and Conservation Element by the City Council in conformance
with Section 65355 of the Government Code of the State of California;
and
BE IT FURTHER RESOLVED that the City Clerk be and is hereby
authorized and directed to publish a Notice of Public Hearing in
a newspaper of general circulation one (1) time at least ten (10)
calendar days before the City Council hearing.
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: January 14, 1974
ATTEST:
M. L WARDEN, City 'Clerk
Otle- 2 4e
D LE C. MITCHELL, ayo yor
RESOLUTION NO. 3 -74
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 City 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 Agree-
ment 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, McConaghay and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: January 14, 1974
ATTEST:
/4' -,i
ARDEN, City Clerk
1Ciait y),
ft I- DALE C. MITCHELL, ,mayor
3.
•
RESOLUTION NO. 2 -74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR TRICKLING FILTER MODIFICATIONS
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 April 9,
1973, award a contract for trickling filter modifications to
Conco General Engineering Contractors; and
WHEREAS, the Director of Public Works has certified
that said work has been completed in accordance with the
provisions of the contract.
NOW, THEREFORE, BE IT RESOLVED that said work is
accepted as completed on the 31st day of December, 1973 and
the City Clerk is hereby directed to file a notice of
completion in the office of the 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 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: January 14, 1974
ATTEST:
L. WARDEN, C ty Clerk
D LE C. MIT HE L, Mayor
' CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of
trickling filter modifications by Conco General Engineering
Contractors has been inspected and has been found to comply with
the approved plans and specifications.
It is therefore recommended that the work be accepted
by the Morro Bay City Council as completed and that the City
Clerk be authorized to file a Notice of Completion.
DATED: January 7, 1974
D. M. STUART
Director of Public Works
City of Morro Bay, California
•
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the undersigned City Clerk
of the City of Morro Bay, San Luis Obispo County, California,
that the work of trickling filter modifications has been
completed by Conco General Engineering Contractors and said
work was accepted as completed on December 31, 1973, by the
Morro Bay City Council by the adoption of Resolution No. 2 -74
dated January 14, 1974.
M. L' l'WARDEN , City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bay,
San Luis Obispo County, California; that he has read the
foregoing notice and knows the contents thereof; that the
same is true of his own knowledge.
I declare the foregoing to be true under penalty of
perjury.
Executed at Morro Bay, California, this 16thday of
January, 1974
M. L. WARDEN, City Clerk
RESOLUTION NO. 1 -74
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR APPLICATION OF BITUMINOUS SEAL COAT ON
VARIOUS CITY STREETS
(SELECT SYSTEM PROJECT NO.54)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on
October 29, 1973, award a contract for the application
of bituminous seal coat on various city streets to
Harold D. Peterson; and
WHEREAS, the Director of Public Works has certified
that said work has been completed in accordance with the
provisions of the contract.
NOW, THEREFORE, BE IT RESOLVED that said work is
accepted as completed on the 10th day of December, 1973
and the City Clerk is hereby directed to file a notice
of completion in the office of the recorder of the
County of San Luis Obispo.
On motion by Councilman Donohoo and seconded by
Councilman Keiser , 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: January 14, 1974
ATTEST:
1// RDEN, City Clerk
Lkeof Mayor
•
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of
' application of bituminous seal coat to various city
streets, Select System Project No. 54, by Harold D. Peterson
has been inspected and has been found to comply with the
approved plans and specifications.
It is therefore recommended that the work be
accepted by the Morro Bay City Council as completed•
and that the City Clerk be authorized to file a Notice
of Completion.
DATED: January 3, 1974
✓t � 77 4
D. M. STUART
Director of Public Works
City of Morro Bay, California
NOTICE OF COMPLETION
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the undersigned City Clerk
of the City of Morro Bay, San Luis Obispo County, California,
that the work of application of bituminous seal coat to
various city streets, Select System Project No. 54, has been
completed by Harold D. Peterson and said work was accepted
as completed on December 10, 1973, by the Morro Bay City
Council by the adoption of Resolution No. 1 -74 dated
January 14, 1974.
Gt-ti
M. L. /WARDEN, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bay,
San Luis Obispo County, California; that he has read the
foregoing notice and knows the contents thereof; that the
same is true of his own knowledge.
I declare the foregoing to be true under penalty of
perjury.
Executed at Morro Bay, California, this 16th day of
January, 1974.
fi
WfRDEN, City Clerk