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HomeMy WebLinkAboutResoultion 01-76 to 86-76it 1976 RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 1-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH MARY C. BATTEIGER FOR LEASE SITES NO. 51 AND 51W 1 1-12-76 2-76 RESOLUTION OF INTENTION TO VACATE WILLIAMS BROTHERS ALLEY AND SETTING DATE FOR HEARING 1-12-76 3-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION 1-12-76 4-76 RESOLUTION COMMENDING MR. LEE A. BALATTI 1-26-76 5-76 RESOLUTION APPROVING AGREEMENT WITH ROBERT M. ASHURST FOR CITY WELL 10A 1-26-76 6-76 RESOLUTION CONCERNING ELECTION CANVASS AT A CENTRAL PLACE 2- 2-76 7-76 RESOLUTION AND ORDER ABANDONING WILLIAMS BROTHERS ALLEY 2- 9-76 8-76 RESOLUTION ADOPTING A BUDGET CALENDAR 1976-77 FISCAL YEAR 2-23-76 9-76 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE 2- 9-76 10-76 RESOLUTION OF NECESSITY FOR QUIET TITLE ACTION CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 2- 9-76 11-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES 2-23-76 12-76 RESOLUTION REQUESTING INSTALLATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF STATE HIGHWAY #1 AND SAN JACINTO STREET 2-23-76 13-76 RESOLUTION AND ORDER OF COMPLAINT TO THE FEDERAL COMMUNICATIONS COMMISSION 2-23-76 14-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 71, 72, 71W & 72W FROM JOHN J. KIRTH AND GISELA G. KIRTH TO DALE C. MITCHELL AND KAY K. MITCHELL 2-23-76 15-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH DALE C. AND KAY K. MITCHELL FOR LEASE SITES NO. 71, 72, 71W AND 72W 2-23-76 16-76 RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY 2-23-76 17-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE- MENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA 3-08-76 0 1976 RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 18-76 RESOLUTION OF INTENTION TO VACATE A PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH AND SETTING DATE FOR HEARING 3-8-76 19-76 RESOLUTION AND ORDER ACCEPTING STREET RIGHT-OF-WAY AND DIRECTING RECORDATION ESTERO BAY UNITED METHODIST CHURCH AND PAUL H. MOORE AND MARGUERITE D. MOORE 3-8-76 20-76 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 2ND DAY OF MARCH, 1976, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 3-9-76 21-76 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 8TH DAY OF JUNE, 1976, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL OF SAID CITY AS RE- QUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND CONSOLIDATING SAID ELECTION WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE 3-16-76 22-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, 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 JUNE 8, 1976, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 8, 1976., PURSUANT TO SECTION 23302 '_OF:.THE_'iELEGTIONS CODE " r ..._., -i 3-16-76 23-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO REG WHIBLEY, EDWARD J. STRASSER AND ARTHUR R. FRY FOR LEASE SITES NO. 52 AND 52W (MB3) 3-22-76 24-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH SHIRLEY L. RICHEY FOR LEASE SITES NO. 96 AND 96W 3-22-76 25-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL 1855 4-12-76 26-76 RESOLUTION AND ORDER ABANDONING A PUBLIC UTILITY EASEMENT IN BLOCK 8B „ATASCADERO BEACH 4-12-76 27-76 RESOLUTION COMMENDING THE MORRO BAY HIGH SCHOOL PIRATES BASKETBALL TEAM 4-26-76 11 • RES. NO. 1976RESOLUTIONS - INDEX TITLE DATE -ADOPTED 28-76 RESOLUTION APPROVING AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL SYSTEM AND SAFETY LIGHTING AT THE INTERSEC- TION OF SAN JACINTO AND STATE HIGHWAY ROUTE 001 4-26-76 29-76 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 4-26-76 30-76 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES NO..71,72,71W,&72W - MITCHELL 5-10-76 31-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 37W FROM FRANCIS N. MACRI,'BEVERLY H. MACRI, AND MICHAEL D. RADON TO PAUL K. MEYER AND ALFRED T. MEYER 5-10-76 32-76 RESOLUTION ADOPTING THE FIA FLOODHAZARD BOUNDARY MAP 5-10-76 33-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD JULY 1, 1976 THROUGH SEPTEMBER 30, 1976 6-14-76 34-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD JULY 1, 1976 THROUGH SEPTEMBER 30, 1976 6-14-76 35-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE- MENT 115 TO MORRO DUNES TRAILER PARK AND CAMP- GROUND, INC. 6-14-76 36-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE- MENT 120 TO MORRO DUNES TRAILER PARK AND CAMP- GROUND, INC. 6-14-76 37-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE- MENT TO MORRO BAY CHAMBER OF COMMERCE 6-14-76 38-76 RESOLUTION APPROVING AMENDMENT OF LEASE WITH BREBES MORRO BAY FISHERIES, INC. FOR LEASE SITES NO. 110W, 111W AND 112W 6-14-76 39-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR REPAINTING EXTERIORS OF TWO ELENA STREET WATER STORAGE TANKS AND ONE NUTMEG AVENUE WATER STORAGE TANK - JOB NO. PW75-013-36 6-14-76 40-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW75-009-33 STREET RESURFACING PROJECT 6-14-76 41-76 RESOLUTION CALLING FOR A CONTRACT WITH THE CALI- FORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION 6-14-76 42-76 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNI- CIPAL ELECTION 6-28-76 2 • RES. NO. 1976 RE50LUTIONS"^'INDEX TITLE DATE ADOPTED 43-76 RESOLUTION APPROVING COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 WORK SITE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO 6-28-76 44-76 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1976 6-28-76 45-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO WAYNE E. AND NORMA BICKFORD FOR LEASE SITE NO. 150 6-28-76 46-76 RESOLUTION REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH TO PREPARE A POPULATION ESTIMATE FOR THE CITY OF MORRO BAY 7-12-76 47-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION TRAFFICE LINE STRIPING PROJECT NO. PW75-008-33 7-12-76 48-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE- MENT TO FRIENDS OF ROANDOAK 7-12-76 49-76 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE FISCAL YEAR 1976-77 7-12-76 50-76 RESOLUTION APPROVING AND ADOPTING AN INTERIM BUDGET FOR THE FISCAL YEAR 1975-77 7-12-76 51-76 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FORWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1976-77 TAX ROLLS 8-9-76 52-76 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. 8-9-76 53-76 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY SENIOR CITIZENS, INC. 8-9-76 54-76 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1976-77 8-9-76 55-76 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM'PURUSANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 8-9-76 56-76 RESOLUTION APPROVING WORK STUDY PROGRAM AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT AND THE CITY OF MORRO BAY 8-23-76 57-76 RESOLUTION SETTING THE TAX RATES AND APPORTION- MENTS FOR THE FISCAL YEAR 1976-77 8-23-76 58-76 RESOLUTION ESTABLISHING SALARY RANGES AND STEPS FOR EMPLOYEE CLASSIFICATIONS, DESCRIBING METHODS OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT 8-23-76 59-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIRE FIGHTERS MUSTER COMMITTEE 8-23-76 1976 RESOLUTIONS - INDEX RES.' NO. TITLE DATE ADOPTED 60-76 VOID 61-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 136 9-13-76 62-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF KEISER PARK BARBECUE FACILITY, PROJECT NO. PW75-028-38RS 9-13-76 63-76 RESOLUTION COMMENDING FRED R. DONOHOO 9-13-76 64-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 150, BICKFORD 9-27-76 65-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 113W, MOORES 9-27-76 66-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 124-127, 124W-127W, MOORES 9-27-76 67-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 128 AND 128W, MOORES 9-27-76 68-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 9-27-76 69-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 9-27-76 70-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH RALPH RUSE FOR LEASE SITES NO. 122, 123, 122W AND 123W 9-27-76 71-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH RALPH RUSE FOR THE EXTENSION OF LEASE SITES NO. 122W AND 123W 9-27-76 72-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE PARK AND RECREATION ELEMENT OF THE CITY GENERAL PLAN 9-27-76 73-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE SAFETY ELEMENT OF THE CITY GENERAL PLAN 9-27-76 74-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE NOISE ELEMENT OF THE CITY GENERAL PLAN 9-27-76 75-76 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF SAN LUIS OBISPO 76-76 RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974 9-27-76 9-27-76 1976 RESOLUTIONS -� INDEX RES.NO, TITLE DATE ADOPTED 77-76 RESOLUTION APPROVING THE APPLICATION FOR 1974 STATE BOND GRANT MONEYS FOR THE MORRO BAY COMMUNITY PARK PROJECT 9=27-76 78-76 RESOLUTION AUTHORIZING DESTRUCTION OF CITY RECORDS 9-27-76 79-76 RESOLUTION AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR TO EXECUTE JOINT POWERS AGREEMENT WITH THE MONTEREY BAY AREA TRAINING CENTER 10-11-76 80-76 RESOLUTION GRANTING A USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE FOR VARIOUS ROCK-O-RAMA ACTIVITIES 11-8-76 81-76 RESOLUTION SETTING FEES FOR BINGO GAMES AS PERMITTED UNDER ORDINANCE NO. 150 11-8-76 82-76 VOID 83-76 RESOLUTION OF INTENTION TO VACATE A PORTION OF EASEMENT NO. 133 ACROSS LOT 1, BLOCK 20, MORRO DEL MAR SUBDIVISION NO. 2 12-27-76 84-76 RESOLUTION OPPOSING THE LOCATION OF A PROPOSED SUPERTANKER PORT AND RELATED FACILITIES IN THE SAN LUIS OBISPO COUNTY AREA 12-27-76 85-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO MORRO BAY YACHT CLUB FOR LEASE SITES NO. 5, 6, AND 7 12-27-76 86-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO MORRO BAY YACHT CLUB FOR MOORING ZONE Al-3 12-27-76 0 RESOLUTION NO. 86-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO MORRO BAY YACHT CLUB FOR MOORING ZONE Al-3 T H E C-I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has negotiated with the Morro Bay Yacht Club regarding the leasing of Mooring Zone Al-3; and WHEREAS, it is in the public interest that a lease be granted to the Morro Bay Yacht Club for said Mooring Zone Al-3 for the purposes, terms and upon payment of rentals as specified in said lease; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this City. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the execution of said lease with the Morro Bay Yacht Club con- cerning Mooring Zone Al-3; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: December 27, 1976 DALE C. MITCHELL, Mayor ATTEST: MA K . . WARDEN, City Clerk 0 •, RESOLUTION NO. 85-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO MORRO BAY YACHT CLUB FOR LEASE SITES NO. 5, 6, AND 7 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has negotiated with the Morro Bay Yacht Club regarding the leasing of Lease Sites No. 5, 6, and 7; and WHEREAS, it is in the public interest that a lease be granted to the Morro Bay Yacht Club for said Lease Sites No. 5, 6, and 7 for the purposes, terms and upon payment of rentals as specified in said lease; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this City. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the execution of said lease with the Morro Bay Yacht Club con- cerning Lease Sites No. 5, 6, and 7; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: December 27, 1976 DALE C. MITCH L , Mayor ATTEST: M. B. WARDEN, City Cle c RESOLUTION NO. 84-76 RESOLUTION OPPOSING THE LOCATION OF A PROPOSED SUPERTANKER PORT AND RELATED FACILITIES IN THE SAN LUIS OBISPO COUNTY AREA T H E C I T Y C O U N C I L µ. City of Morro Bay, California WHEREAS, various sites for locating a supertanker port and related facilities are being considered along the California Coast; and WHEREAS, consideration is being given to sites located within San Luis Obispo and Northern Santa Barbara Counties; and WHEREAS, the environmental quality and economic structures of the San Luis Obispo and Northern Santa Barbara County areas could be drastically altered by such installation; and WHEREAS, the character of the San Luis Obispo and Northern Santa Barbara County area is primarily rural in nature and still retains a relatively unspoiled environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City of Morro Bay opposes the location of a supertanker port off the coast of San Luis Obispo County and Northern Santa Barbara County in the areas of Avila Beach, Estero Bay, Osos Flaco Lake, Guadalupe Dunes, or any other location which would adversely affect the environmental quality and which would drastically alter the economy of the area. 2. The City Council further opposes the location of a consoli- dated supertanker port/LNG terminal/gassification plant as proposed by Santa Barbara County in the Guadalupe;: Dunes area. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay urges the Governor, the State Legislature, the State Air Resources Board, the State Energy Commission, the California Coastal Commission, the State Department of Parks and Beaches, and other related State agencies to take positive actions to block any plans Resolution No, 84-76 Page Two to establish such facilities in this coastal area. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay requests Assemblywoman Carol Hallettand State Senator Robert Nimmo to use their offices to the maximum extent possible in taking State action to prevent such facilities from being located in this coastal area. BE IT FURTHER RESOLVED that the City Clerk of the City of Morro Bay is directed to furnish copies of this Resolution to: The Governor of the State of California State Air Resources Board State Energy Commission California Coastal Commission State Department of Parks &.•.Beaches Assemblywoman Carol Hallett State Senator Robert Nimmo County Board of Supervisors of San,Luis Obispo County Board of Supervisors of Santa Barbara City of Arroyo Grande City of Grover City City of Guadalupe City of Lompoc City of Pismo Beach City of Santa Maria City of San Luis Obispo On motion made by Councilman Shelton and seconded by Council- man 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, Pipitone, Mitchell NOES: None ABSENT: None ADOPTED: December 27, 1976 ATTEST: M. L WARDEN, City Clerk Rowland, Shelton and Mayor zom DALE C. MITC ELL, Mayor 0 RESOLUTION NO. 83-76 RESOLUTION OF INTENTION TO VACATE A PORTION OF EASEMENT NO. 133. ACROSS LOT 1, BLOCK 20, MORRO DEL MAR SUBDIVISION NO. 2 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 a portion of Easement No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2, said easement having been recorded March 11, 1955 in Book 794, Page 523, Official Records, County of San Luis Obispo, pursuant to Government Code Section 50430 - vacation of easement - et seq. Said utility easement is described on Exhibit "A" attached hereto and by this reference made a part hereof. For further particulars as to the proposed vacation, reference is made to a map on file in the office of the City Clerk of the City of Morro Bay. BE IT FURTHER RESOLVED that the Morro Bay City Council will hold a public hearing on Monday, January 10, 1977 at 7:30 p.m. in the Morro Bay Recreation Hall, Morro Bay, California, to consider the matter of vacation of such easement 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 abandonment; and BE IT FURTHER RESOLVED that the City Clerk be directed to cause a notice of public hearing to be published once each week in the Sun -Bulletin, a newspaper of general circulation, for two successive weeks prior to hearing and to post notice of intention to vacate said easement along said easement at intervals of 300 feet or less, at least ten days before the date set for said hearing. On motion made by Councilman Brown 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: December 27, 1976 DALE C. MI C ELL, Mayor ATTEST: LX U Y . WARDEN, City C k RESOLUTION NO. 82-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIREMENS 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 Firemens Association,' a copy of which is attached hereto, for the purpose of selling Christmas Trees in the Teen Center Parking lot 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_Qf Morro Bay. On motion by Councilman ( seconded by Councilman the Morro ay Ci y Council hereby adopts the foregoing pro sect solution in its entirety on the following roll ca 1 vote: AYES: .NOES: ABSENT: ADOPTED: DALE C. MITCHELL, Mayor ATTEST: M. L. WARDEN, City CLer 6 1 USE PERMIT AGREEMENT 2 3 The City of Morro Bay, a municipal corporation of the 4 State ofiCalifornia (hereinafter called CITY) hereby grants to 8 the Morro Bay Firemens Association 8 (hereinafter. called PERMITTEE) the right to use, on the terms and 7 conditions hereinafter set forth, that property of the City of 8 Morro Bay located within the city limits of the City of Morro Bay, 9 County of San Luis Obispo, State of California, and described as: 10 the Teen Center parking lot at 653 Harbor Street, Morro Bay, 11 12' 13 (hereinafter called SAID PROPERTY),;., 14 1, The right and privilege granted to PERMITTEE pursuant to 18 this Use Permit Agreement shall become effective between the hours 10 of 8':00 a.m. on December 14, 1976 and 8:00 p.m. on 17 December 24, 1976. i8 2. PERMITTEE shall use SAID PROPERTY for the purpose of 19 selling Christmas trees 20 21 and for no other purpose. PERMITTEE may display such exhibits on 22 SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro- 23 vided however, that all rules, regulations, resolutions, and 24 ordinances of the City of Morro.Bay or any department thereof, 25 including by way of illustration but not limitation, fire and 28 safety orders, rules, regulations, or ordinances, shall at all 27 times be complied with. 28 3. Prior to the expiration of this Use Permit Agreement, 29 PERMITTEE shall remove or cause to be removed, all exhibits and 30 other facilities constructed or erected on SAID PROPERTY by 31 PERMITTEE. At the expiration of this Use Permit Agreement, 32 PERMITTEE shall surrender SAID PROPERTY to CITY in as good 0 4 11 3 4 5 8 7 8 9 10 11 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 condition 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 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 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 -2- 1 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 hereby 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, in- 7 cluding by way of illustration but 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 11 at all reasonable hours to examine the same or to make such repair: 12 or temporary alterations as CITY shall, in its sole discretion, 13 desire. 14 CITY OF MORRO BAY 15 16 Dated: Mayor 17 18ATTEST: 19 20 21 . L. WARDEN, City Clerk 22 PERMIT,TEE 23 24 By 25 Title ' 26 Date 27 28 30 31 32 -3- • +0 City Council and Administrator Morro Bay, California, 93442 Morro Bay Firemans .asociation 715 Farbor a 93442 Morro Bay, Cal_forni , Dear Mr. Warden, The Morro Bay Firemans Association request the use of the City Park between Harbor and Morro 'Bay Blvd. for the purpose of providing Christmas Trees to the public in return for an equitable donation from 14 December 1976 through 24 December 1976. Liability Insurance as the City requires will be in effect during the stated time period and the area will be manned on a 24 hour a day basis. The purpose of this venture is to provide the people in our community with a large selection of trees while providing the Morro Bay Fireman Association with some funds, which as in the past, will be used for Community and Departmental projects. The Boy Scouts in recent years have provided trees to raise monies, however this year they, for various reasons, will not do so, l.eavi-ig the Morro Bay Firemans Association with an opportunity to perform a corx;,unity serrice and at the same time raise funds. Your consideration is most appreciated. Sincerely, Z�. Ron Mock, President Morro Bay Firemans Association • ' & M E M O R A N D U M TO: Murray Warden, City Administrator FROM: Dave Braga, Parks and Recreation Director DATE: December 8, 1976 SUBJECT: Park Use Request by Morro Bay Firemen's Association In my opinion, the Morro Bay Firemen's Association request to use Morro Bay City Park for the purpose of Christmas tree sales, December 14 through December 24, 1976, should not be permitted in the park, but rather at the Teen Center parking lot for the following reasons: 1. Public parks use should be recreation oriented, which the sale of Christmas trees is not. 2. Requested use restricts public use of a park which has small acreage to begin with, and a non -recreation activity could thereby diminish the present high use rate of the park. 3. Park maintenance is of concern, as five or six holes will have to be dug for night lights, plus the area where the Christmas trees are dis- played cannot be watered, which the park dearly needs. 4. The Teen Center parking lot is redrock and the requested use would not create any maintenance problems. 5. The Teen Center and surrounding area has no scheduled use during Decem- ber 14 through December 24, 1976. 6. If this request to use the park is approved, similar requests may be made in the future, resulting in periodic limited public use of the park. I have talked with Jerry Parker about the Teen Center area being an accept- able location rather than the park. He stated that the Teen Center should be okay for the requested use. DB:rs RESOLUTION NO. 81-76 RESOLUTION SETTING FEES FOR'BINGO GAMES AS PERMITTED UNDER ORDINANCE NO. 150 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Ordinance No. 150 adopted November 8, 1976, permits certain charitable organizations to conduct bingo games; and WHEREAS, said bingo games are now allowed for charity purposes in light of the adoption of Proposition 9 passed by the voters of the State of California in June, 1976; and WHEREAS, Penal Code Section 326.5 provides that a city may authorize bingo games by ordinance provided that such games are allowed only for the benefit of charitable organizations exempt from California Franchise Taxes; and WHEREAS, Ordinance No. 150 provides that the City Council, by resolution from time to time, shall adopt a license fee for a license for the conduct of bingo games. NOW, THEREFORE, BE IT RESOLVED that the license fee to be charged for an annual permit to conduct bingo games by charitable organizations in this City of Morro Bay shall be Ten Dollars ($10.00) per annum. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its'entirety.bn the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: November 8, 1976 ATTEST: glzj�ee'e� WARDEN, City Clerk N DALE C. MITC ELL, Mayor RESOLUTION NO, 80-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Chamber Of Commerce, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: November 8, 1976 ,1&4 DALE C. MITCHELL, Mayor ATTEST: WARDEN, City C rc I N USE PERMIT AGREEMENT 3 The. City of. Morro Bay, a municipal.corporation of the State 4 of California (hereinafter called CITY) hereby grants to the Morro 5 Bay Chamber of Commerce (hereinafter called PERMITTEE) the right i 6 to use, on the terms and conditions hereinafter set forth, that 7 property of the City of Morro Bay located within the City limits 8 of the City of Morro Bay, County of San Luis Obispo, State of 9 California, and described as follows: 10 PROPERTY 1. The vicinity of Morro Rock; 11 PROPERTY 2. The area of Las Tunas, Balboa, and Allesandro 12 Streets between Butte and Bella Vista and along 13 Morro Bay Boulevard from Quintana Road to Market 14 Street; 15 PROPERTY 3. The Morro Bay Centennial Stairway and a portion 16 of Front Street south of Dunes Street; 17 PROPERTY 4. The Morro Bay City,Park; 18 (hereinafter called SAID PROPERTY). 19 1. The right and privilege granted to PERMITTEE pursuant to 20 this Use Permit Agreement shall become effective for the hours 21 indicated as follows: 22 PROPERTY 1. Between 8:00 a.m, and 12:00 p.m. on Saturday, 23 November 20, 1976; 24 PROPERTY 2. Between.8:00 a.m. and 12:00 p.m. on Saturday, 25 November 20, 1976;j 26 PROPERTY 3. Between 12:00 p.m.!and 2:00 p.m. on Saturday, i 27 November 20, 1976. 28 PROPERTY 4. Between 2:00 p.m. and 4:00 p.m. on Saturday, 29 November 20, 1976. 30 2• PERMITTEE shall use PROPERTY 1 for the purpose of launch- 31 ling hot air balloons; PROPERTY 2 for the purpose of conducting the 32 �ck-O-Rama parade; PROPERTY 3 for the purpose of conducting a I parade awards ceremony and chess demonstration; and PROPERTY 4 2 for the purpose of conducting an oyster shucking and eating contes 3 and for no other purposes. PERMITTEE May display such exhibits on 4 SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro- 5 vided, however, that all rules, regulations, resolutions, and ordi 6 nances of the City of Morro Bay or any department thereof, includ- 7 ing by way of illustration but not limitation, fire and safety 8 orders, rules, regulations, or ordinances, shall at all times be 9 complied with. 10 3. Prior to the expiration of this Use Permit Agreement, 11 PERMITTEE shall remove or cause to be removed, all exhibits and i 12 other facilities constructed or erected on SAID PROPERTY by 13 PERMITTEE. At the expiration of this Use Permit Agreement, PER- 14 MITTEE shall surrender SAID PROPERTY to CITY in as good condition 15 as it was when it was originally received by PERMITTEE, reasonable 16 wear excepted. 17 4a. This Use Permit Agreement is granted to PERMITTEE upon i8 the express condition that PERMITTEE shall keep and hold CITY free 19 from all liability, expense, and claim for damages by reason of 20 any injury or death to any person or persons, including PERMITTEE, 21 or property of any kind whatsoever and to whomsoever belonging, 22 including PERMITTEE, from any cause or causes whatsoever during 23 the term of this Use Permit Agreement or any extension thereof or 24 any occupancy or use hereunder; PERMITTEE hereby convenanting and 25 agreeing to indemnify and save CITY harmless from all liability, 26 loss, cost, and obligations on account of or arising out of any 27 such injuries or losses howsoever occurring. 28 4b. PERMITTEE agrees to take out and keep in force during th 29 life hereof, at PERMITTEE's expense, liability insurance to protec 30 against any liability to any person or persons, including PERMITTE, 31 resulting from any occurrence in or about or incident to SAID. i 32 ROPERTY and appurtenant areas in the amount of $100,000 to indem- I nify against the claim of one person, $300,000 against the claim 2 of two or more persons; and $50,000 for property damage. Said 3 policies shall insure the liability of PERMITTEE and the liability 4 contingent or otherwise, of CITY and such other persons, firms, or 5 corporations -as may be designated by CITY. If PERMITTEE does not 6 keep such insurance in full force and effect, this Use Permit 7 IlAgreement may be immediately terminated. PERMITTEE shall provide 8 CITY with copies and certificates of all of said policies includ- 9 ing endorsements which state that such insurance shall not be can- 10 celled except after ten (10) days prior written notice to CITY. 11 Each such policy shall be approved as to form and insurance compan 12 by CITY. 13 4c. Any insurance policy insuring PERMITTEE against claims, 14 expense, or liability for injury or death to person or property in 15 or about SAID PROPERTY shall provide that the insurer shall not 16 by subrogation any right of recovery which PERMITTEE has 17 11acquire expressly waived in writing prior to the occurrence of the loss. 18 IIPERMITTEE hereby waives any right of recovery against CITY for any 19 Ilsuch claim, expense, or liability. mm 20 5. PERMITTEE shall pay all charges for all utilities, in- 21 cluding by way of illustration but not limitation, electricity, 22 gas, water, and telephone which are used on or about SAID PROPERTY 23 during the term of this Use Permit Agreement. 24 6. CITY shall have the right to enter upon SAID PROPERTY 25 at -all -reasonable hours to examine the same or to make such repair 26 or temporary alterations as CITY shall, in its sole discretion, 27 desire. 28 11 CITY OF MORRO BAY 29 l�lCle' Dated: NfIL/% ALE C. MITCHELL, Mayor 30 ATTEST. MORRO BAY CHAMBER OF COMMERCE 31 �'!.1��/ f RESOLUTIQN NQ, 79-76 RESOLUTION AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR TO EXECUTE JOINT POWERS AGREEMENT WITH THE MONTEREY BAY AREA TRAINING CENTER 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 Administrator of the City of Morro Bay is hereby authorized and directed to execute that certain Joint Powers Agreement pertaining to Monterey Bay Area Training Center, between City and Counties and Cities located within the Counties of Santa Cruz, Monterey, San Benito and San Luis Obispo, upon the terms and conditions as set forth in such agreement. On motion by Councilman Brown 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: October 11, 1976 DALE C. MITCH LL, Mayor ATTEST: !sf RAYA,. WARDEN, City Clerk /I RUOLUTION NO,78-76 RESOLUTION AUTHORIZING DESTRUCTION.O,F CITY RECORDS T H E C I T Y C O U N C I City of Morro Bay, California WHEREAS, an accumulation of twelve years of City records and documents has become unduly cumbersome; and WHEREAS, it has been determined that certain records are no longer required for retention; and WHEREAS, Government Code Section 34090 provides for the destruction of certain records without duplication. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby authorize the destruction of certain records without duplication of said records on the following conditions: 1. No records are to be destroyed if they are less than five years old. 2. All records, will be retained as set forth in Government Code Section 34090. 3. Written consent of the City Attorney will be obtained before any records are destroyed. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 ALE C. MITCHELL, Mayor ATTEST: M. L. WARDEN, City Clerk 44' 9 RESOLUTION NO. 77-76 RESOLUTION APPROVING THE APPLICATION FOR 1974 STATE BOND GRANT MONEYS FOR THE MORRO BAY COMMUNITY PARK PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the people of the State of California have enacted the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public outdoor recreation and historical purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify, by resolution, the approval of applications prior to submission of said applications to the State;;and WHEREAS, said applications contain assurances that the appli- cant must comply with; and WHEREAS, said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and facilities, existing and proposed; and WHEREAS, the City's Master Plan was first adopted by the City Council in January, 1968; and WHEREAS, the proposed Morro Bay Community Park project appears on the City's Plan, is consistent with the California Outdoor Recrea- tion Resources Plan, and is in conformity with the State Environ- mental Goals and Policy Report; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby: 1. Approves the filing of an application for 1974 State grant assistance; and 2. Certifies that said agency understands:the assurances in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project; and 4. Certifies that said agency meets the planning require- ments and that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints the City Administrator as agent of the City to 9 Resolution No. 77-76 Page Two conduct all negotiations, execute and submit all docu- ments including but not limited to applications, agree- ments, amendments, payment requests, and so on which may be necessary for the completion of the aforemen- tioned project. 6. Certifies that said agency has adopted a park and recrea- tion plan that includes the proposed park acquisition. 7. Certifies that said agency will provide local monies in the event the negotiated purchase price of the proposed ten acres is more than the $38,150 allocated for the 1974 State Park Bond Act. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 106 �� DALE C. MITCH L , Mayor ATTEST: � 4�z� M. t. WARDEN, City Clerk RESOLUTION NO. 76-76 RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the electorate of the State of California voted into law the Political Reform Act of 1974, an initiative measure; and WHEREAS, said law requires the disclosure of certain financial interests by local government officials and prohibits their partici- pation in governmental decisions when such may materially affect their interests; and WHEREAS, said law sets forth specifically all affirmative and prohibitory provisions required of and affecting local government officials; and WHEREAS, said law has been interpreted by the Fair Political Practices Commission as requiring the adoption of a Conflict of Interest Code applicable to the City Council; and WHEREAS, this Conflict of Interest Code, adopted in the spirit of said interpretation of the Political Reform Act of 1974, imposes no additional requirements of disclosure not already set forth in said Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. Adoption of Conflict of Interest Code. In compli- ance with Section 87300 of the Government Code, the City Council hereby adopts this Conflict of Interest Code. SECTION 2. Application of Code. This Conflict of Interest Code shall be applicable to members of the City Council in their capacity as members of the City Council or as members of any City Board or Commission. SECTION 3. Disclosure. Council members are already required to disclose investments, interest in real property and income under • Resolution No. 76-76 Page Two Section 87200 and following of the Government Code. Therefore, no other or additional disclosure requirements are imposed by this Conflict of Interest Code. SECTION 4. Circumstances Requiring Disqualification. Any member of the City Council, whether acting as a Council member or as governing board member or commissioner of any City agency, including: Morro Bay City Council Audit and Finance Committee Morro Bay City Council Highway Safety Committee Morro Bay City Council Public Safety Committee Morro Bay City Council Public Works Committee Morro Bay City Council Recreation Committee San Luis Obispo County Solid Waste Disposal Committee Economic Opportunity Commission of San Luis Obispo County, Inc. San Luis Obispo County and Cities Area Planning Coordinating Council San Luis Obispo County Water Resources Advisory Committee San Luis OBispo County Local Agency Formation Commission San Luis Obispo Regional Transportation Technical Advisory Committee California Council on Criminal Justice Regional Board must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any economic interest, as defined in Government Code Section 87103(a) - (d). No Council member shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. SECTION 5. Definitions. Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Govern- Resolution No. 76-76 Page Three ment Code Section 81000) and Regulations adopted pursuant thereto are incorporated into this Conflict of Interest Code. SECTION 6. Effective Date. This Conflict of Interest Code shall become effective October 10, 1976. SECTION 7. The City Clerk is directed to forward a certified copy of this resolution to the Fair Political Practices Commission. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 IG. i��/�/i'/ / 1 . • o T - ATTEST: M. L. WARDEN, City Clerk 4 u RESOLUTION NO. 75-76 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF SAN LUIS OBISPO T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Quitclaim Deed from the County of San Luis Obispo for all that real property described in said Deed, a copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER resolved that the Mayor be and is hereby authorized and directed to execute a Certificate fo Accept- ance and Consent to Recordation for the aforementioned real property on behalf of the City of Morro Bay, a -copy of which is attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said Deed and Certificate of Acceptance, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 ATTEST: /Poog_� WARDEN, City Clerk CERTIFICATE OF 'ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Quitclaim Deed dated July 26, 1976, from the COUNTY OF SAN LUIS OBISPO to the CITY OF MORRO BAY, a municipal corporation, is hereby accepted by order of the City Council of the City of Morro Bay on September 27, 1976, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: September 28, 1976 CITY OF MORRO BAY �� � �L P DALEC. MITCH I2, Mr ATTEST: Gn M. L. WARDEN, City Clerk IN THO BOARD OF SUPER*SORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA --Mon-- day ------July 26--------,19- 76- PRESENT: Supervisors M. E. Willeford, Kurt P. Kupper, Howard D. Hankins Chairman Hans Heilmann ABSENT: Supervisor Richard J. Krejsa RECEIVED RESOLUTION NO. 76-533 AUG'3 1976 RESOLUTION TO QUITCLAIM REAL PROPERTY TO THE CITY OF MORRO BAY CITY OF MORRO BAY The following resolution is hereby offered and read: WHEREAS, the City of Morro Bay has requested the County to transfer a parcel of land within the City of Morro Bay to the City; and WHEREAS, the said propertys hereinafter described, consists of one lot between Main Street and the waters of Morro Bay and 1s potentially usable as public access to the waters and shore of Morro Bay; and WHEREAS, the said property is not requried for County use and the public interests will be best served by transferring this said property to the City of Morro Bay, but subject to the retention of public right of access to Morro Bay itself; and WHEREAS, Government Code Section 25365 provides that the Board of Supervisors may, by a four -fifths vote; quitclaim or otherwise transfer to any city within the County any real property or interest therein belonging to the County upon such terms and conditions as are agreed upon and without complying with any other provision of the Code if the property to be quitclaimed is not required for County use; and WHEREAS, the Board of Supervisors met and conducted a Hearing following publication of notice of this intended action pursuant to Government Code Section 6061. NOW, THEREFORE, BE IT RESOLVED -that the Board oP Supervisors of San ( J,•i:;Luis Obispo County quitclaims to the City of Morro Bay the„following: described property: - Lot 20, Block"I of Morro Rock Park Subdivision, 1n the County of San Luis Obispo, State of California,•according to the map thereof. '.11,-r',=•-filed?for record in'the Office of'the Recorder of said County in ' F , Book 3, Page 36.of Maps. " • ' `^ ' • But reserving and 'excepting from this conveyance 'the rights of the 0ublic to cross over and use the aforesaid real property for ingress .., and egress to the water and beach of Morro Bay, unless said rights shall be hereafter abandoned by action of the San Luis Obispovi one, "' r` ' •'County Board of Supervisors. BE IT FURTHER RESOLVED that the Board of Supervisors direct the chairman to sign the Quitclaim Deed and direct the Clerk of the Board to deliver said Quitclaim Deed to the City of Morra Bay. ADOPTED ON July 26 , 19769 by at least four -fifths vote of the Board of Supervisors by the following vote, to -wit: AYES: Supervisors Uilloford, Kupper, Hankies, Chairman Heilman HOES: Hone ABSENT: Supervisor Krejea /s/ Hans Heilmann Chairman of Ue Board of Supervisors o the County of San Luis Obispo, State of California ATTEST: /s/ Misbeth Ifollam Clerk of the board of Supervisors .2- STATE OF CALIFORNI k County of San Luis Obispo, ss. MIS---WOLLAM -- --, County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this ---- 28--- 76 day of ------July ------------ 19- -- (SEAL) MISBETH kOLLAt4 --------------------------------------------- County Clerk and Ex-Officio Clerk of the Board of Supervisors a ' By QUITCLAIM DEED The undersigned Grantor, County of San Luis Obispo, does hereby remise, release and forever quitclaim to THE CITY OF MORRO BAY, a municipal corporation, the following described real property in the City of Morro Bay, County of San Luis Obispo, State of California: Lot 20, Block 1 of Morro Rock Park Subdivision, in the County of San Luis Obispo, State of California, accord- ing to the map thereof filed for record in the office of the Recorder of said County in Book 3, page 36 of Maps. But reserving and excepting from this conveyance the rights of the public to cross over and use the aforesaid real pro- perty for ingress and egress to the water and beach of Morro Bay, unless said rights shall be hereafter abandonded by action of the San Luis Obispo County Board of Supervisors. Dated: July 26 1976. County of San Luis Obispo By: 2ZJ Ie ,:�:.C:-z: C ,: r,., Chairman of the Board of Supervisors Authorized by Board Resolution on July 26 1976. (Assessor's Parcel No. 66-251-014) RESOLUTION N0, 74-76 RESOLUTION ACCEPTING•3ZECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE NOISE 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 August 16, 1976, conduct a public hearing to consider the adoption of the Noise 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. 41-76, adopt said Noise Element and did further recommend that the City Council formally adopt said Noise 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 September 13, 1976, 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 Noise Element was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Noise Element of the General Plan in conformance with Section 65355 of the Government Code of the State of California. On motion by Councilman Brown and seconded by Council- man Shelton , 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 A/ DALE C. MITCHE L, Mayor ATTEST: k/UIE M. t. WARDEN, City Clerk RESOLUTION NO. 73-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE SAFETY 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 August 16, 1976, conduct a public hearing to consider the adoption of the Safety 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. 42-76, adopt said Safety Element and did further recommend that the'City Council formally adopt said 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 September 13, 1976, 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 Safety Element was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Safety Element of the General Plan in conformance with Section 65355 of the Government Code of the State of California. On motion by Councilman Brown and seconded by Councilman Shelton , 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DALE C. MITCHEIU/, Mayor ATTEST: 4L9__ . Mf"L. WARDEN, City Clerk RESOLUTION NO. 72-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE PARK AND RECREATION 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 5, January 13, February 2, and February 17, 1976, conduct public hearings to consider the adoption of the Park and Recreation 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. 21-76, adopt said Park and Recreation Element and did further recommend that the City Council formally adopt said Park and Recreation Element as a portion of the General Plan for the City of Morro Bay; and WHEREAS, the Morro Bay City Council held public hearings on May 24, June 14, and June 28, 1976, as required by Section 65355 of the Government Code of the State of California, at which hearings any person desiring to be heard to express their views for or against or in modification of said proposed Park and Recreation Element was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Park and Recreation Element of the General Plan in conformance with Section 65355 of the Government Code of the State of California. On motion by Councilman Brown and seconded by Council- man Shelton , 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 0e-, & (r Mt DALE C. MITCHEL Mayor ATTEST: M./it. WARDEN, City Clerk RESOLUTION NO. 71-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH RALPH RUSE FOR THE EXTENSION OF LEASE SITES NO. 122W AND 123W 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 Ralph Ruse to extend the lease on the Extension of Lease Sites No. 122W and 123W for a twenty-five (25) year period commending January 1, 1977; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease by an additional twenty-five years under the same conditions as existing in the original lease; and WHEREAS, it is in the public interest that the approval of an amendment to the basic lease between Ralph Ruse and the City of Morro Bay granting this extension be approved. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the Amendment to Lease for the Extension of Lease Sites No. 122W and 123W extending this lease for an additional twenty-five (25) year period commencing January 1, 1977; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DAL C. MITCHE ',Mayor ' ATTEST: i M. . WARDEN, City Clerk RESOLUTION NO, 70-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH RALPH RUSE FOR LEASE SITES NO. 122, 123, 122W AND 123W 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 Ralph Ruse to extend the lease on Lease Sites No. 122, 123, 122W and 123W for a twenty-five (25) year period commencing January 1, 1977; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease by an additional thirty years or less under the same conditions as existing in the original lease; and WHEREAS, it is in the public interest that the approval of an amendment to the basic lease between Sara Walnum and Ralph Ruse as heir to Sara Walnum's estate, and the City of Morro Bay, as successor to the County of San Luis Obispo, granting this extension be approved. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the Amendment to lease for Lease Sites No. 122, 123, 122W, and 123W extending this lease for an additional twenty-five (25) year period commencing on January 1, 1977; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DALE MITCHELL, Mayor ATTEST: &L-a—=;:� M.. WARDEN, City Clerk RESOLUTION NO. 69-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT�CG12-4532 FOR THE PERIOD OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 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 October 1, 1976, by and between the City of Morro Bay and the United States Coast Guard for the use of approximately 100 feet of dock space on the westerly side of the City "T" pier at Morro Bay, California, for the period October 1, 1976 to and including September 30, 1977; 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 Brown and seconded by Councilman Shelton , 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 �Z . ' ATTEST: WARDEN, City Clerk RESOLUTION NO, 68-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay does hereby approve the renewal of lease #DOT-CG12- 4020 dated October 1, 1976, by and between the City of Morro Bay and the United States Coast Guard for the northern 24 1/12 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 October 1, 1976 to and including September 30, 1976; 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 by Councilman Brown and seconded by Councilman Shelton , 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, Rowland, Shelton, and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 n MITCHELL, Mayor ATTEST: l RESOLUTION NO. 67-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 128 AND 128W, MOORES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Sites No. 128 and 128W; and WHEREAS, L. Virgil Moores and Leta B. Moores, husband and wife, are the lessees 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 lessees desire to enter into a sublease agreement with Virg's Fish'n, a California corporation, for that portion of the lease known as Lease Site No. 128W, a copy of which sublease agreement has been presented to the City Council of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Morro Bay does hereby consent to the sublease of said Lease Site No. 128W to Virg's Fish'n. On motion by Councilman Brown and seconded by Council- man Shelton , 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DALE C. MITCHEL , Mayor ATTEST: kjj___ . M. WARDEN, City Clerk RESOLUTION NO. 66-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 124-127, 124W-127W, MOORES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Sites No. 124-127, 124W-127W; and WHEREAS, Virgil Moores 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 desires to enter into a sublease agreement with Virg's Fish'n, a California corporation, a copy of which has been presented to the City Council of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of said Lease Sites No. 124-127, 124W-127W to Virg's Fish'n. On motion by Councilman Brown and seconded by Councilman Shelton the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolu- tion on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DALE C. MITCH L, ayor ATTEST: /A/X/,J� M WARDEN, City Clerk RESOLUTION NO. 65-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 113W, MOORES 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 Site No. 113W;' and WHEREAS, L. Virgil Moores 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 desires to enter into a sublease agreement with Virg's Fish'n, a California corporation, a copy of which has been presented to the City Council of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of said Lease Site No. 113W to Virg's Fish'n. On motion by Councilman Brown and seconded by Councilman Shelton 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 DALE C. MITC LI;, Mayor ATTEST: WARDEN, City Clerk RESOLUTION NO. 64-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 150, BICKFORD T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property in the City of Morro Bay described as Lease Site No. 150; and WHEREAS, Wayne E. and Norma Bickford, husband and wife, are the lessees 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 lesses desire to enter into a sublease agreement with King City Transit Mix, Inc., a copy of which has been presented to the City Council of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of said Lease Site No. 150 to King City Transit Mix, Inc. On motion by Councilman Brown and seconded by Councilman Shelton 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: September 27, 1976 ( �r r � ALE C. MITCHELL, Mayor ATTEST: V4.4 WARDEN, City Jerk RESOLUTION NO. 63-76 RESOLUTION COMMENDING FRED R. DONOH00 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Fred R. Donohoo was elected to the Morro Bay City Council on April 16, 1968 and re-elected on April 18, 1972; and WHEREAS, Mr. Donohoo was selected by his fellow Council members to serve as Mayor from March 12, 1974 to March 9, 1976; and WHEREAS, Mr. Donohoo did serve this community faithfully and with dedication during his eight year term on the Morro Bay City Council; and WHEREAS, Mr. Donohoo maintained his interest in City affairs until his untimely death on August 6, 1976 BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to his family together with a letter expressing the sympathy of all the members of this Council. On motion by Councilman Brown 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, Rowland, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: September 13, 1976 DALE C. MITCH LLE , Mayor ATTEST: 74o�lrlll� U Y Y. WARDEN, City Jerk RESOLUTION NO. 62-76 RESOLUTION ACCEPTING WORK AND GIVING.NOTICE OF COMPLETION FOR CONSTRUCTION OF-KEISER PARK BARBECUE FACILITY, PROJECT No, PW751028-38RS 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 June 14, 1976, award a contract for Job No. PW75-028-38RS, Construction of Keiser Park Barbecue Facility to Conco Engineering, Inc., P. O. Box 511, San Luis Obispo, California, 93406; 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 13th day of September, 1976, 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 Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: September 13, 1976 49 ddza DALE( C. MITCH L , Mayor ATTEST: ROR17Y L. WARDEN, City Clerk CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of Construction of -Keiser Park Barbecue Facility, Project No. PW75-028-38RS, by Conco Engineering, Inc., 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: August 26, 1976 GEORG, . CHRISSAKIS City Engineer M1925 Pay U NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of construction of Keiser Park Barbecue Facility (Project No. PW75-028-38RS) in the City of Morro Bay, California, has been completed by Conco Engineering, Inc. and that said work was accepted as completed on September 13, 1976, by the Morro Bay City Council by the adoption o.f Resolution No. 62-76 dated September 13, 1976. tWARDEN, 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 • 27kh day of September 1976. WARDEN', City. Clerk END Of DOCUMENT 1925 eAct 112 RESOLUTION NO. 61-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO. 136 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Site No. 136; 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 Gordon Ross and Mary E. Ross; and WHEREAS, lessee desires said sublease be transferred from Gordon Ross and Mary E. Ross to David A. Ross and Mary E. Ross, a copy of which sublease agreement has been presented to the City Council of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of said Lease Site No. 136 to David A. Ross and Mary E. Ross. AND, THEREFORE, BE IT FURTHER RESOLVED that Resolution No. 68-74 dated October 14, 1974, is hereby declared null and void. On motion by Councilman Brown and seconded by Councilman Shelton , 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: September 13, 1976 DALE C. MITCHELL, Mayor ATTEST: lo MURW L. PARDEN, City Clerk RESOLUTION NO. 59-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIRE FIGHTERS MUSTER COMMITTEE 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 Muster Committee, 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 Pipitone 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, Pipitone, Rowland and Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: August 23, 1976 DALE C. MITCHELL,Mayor ATTEST: MAYP"YL. W RDEN, City Clerk I . , 1 USE PERMIT AGREEMENT 2 3 The City of Morro Bay, a municipal corporation of the State 4 of California (hereinafter called CITY) hereby grants to 5 Morro Bay Fire Fighters Muster Committee 6 (Hereinafter called PERMITTEE) the right to use, on the terms and 7 conditions hereinafter set forth, that•property of the City of $ Morro Bay located within the city limits of the City of Morro Bay, 9 County of San Luis Obispo, State of California, and described as: 10 Property 1. Harbor Yard Parking Lot 11 Property 2. The intersection of.Quintana Road and Morro Bay Blvd. 12 to the intersection of Morro Avenue and Morro Bay Blvgi: 13 Property 3. Westerly vehicle lanes of the Embarcadero between 14 Beech Street and the southerly boundary of Lease Site 15 1.28 to include certain parking lots west of these 16 lanes. 17 (hereinafter called SAID PROPERTY). 18 1. The right and privilege granted to PERMITTEE pursuant to 19 this Use Permit Agreement shall become effective for the hours in- dicated as follows: 20 21 Property 1. Between 7:00 a.m. on Saturday, September 18 and 5:.00 p'.m� Sunday'; Septembei;19,:1976. 22 (Property 2. Between 10:00 a.m. and 12:00 noon, Saturday, Septem]-)e 23 24 18, 1976. Property 3. Between 7:00 a.m. Saturday, September 18 and 5:00 p.m 25 26 Sunday, September 19, 1976. 27 2. PERMITTEE shall use PROPERTY 1 for the purpose of con- 2E ducting the 4-H Club Annual "Mini -Fair"; PROPERTY 2 for a parade; 29 and PROPERTY 3 for the 2nd Annual Morro Bay Fireman's Muster and 30 for no other purpose. PERMITTEE may display such exhibits on 31 SAID PROPERTY as PEP14ITTEE deems necessary for such purpose, pro- � s2 I vided however, that all rules, regulations, resolutions, and ord- I 2 3 ce of the City of Morro Bay or any department thereof, incl way of illustration but not limitation, fire and safety orders, les, regulations, or ordinances, shall at all times be complied 4 ith. 5 3. Prior to the expiration of this Use Permit Agreement, 6 PERMITTEE shall remove or cause to be removed, all exhibits and 7 other facilities constructed or erected on SAID PROPERTY by 8 PERMITTEE. At the expiration of this Use Permit Agreement, 9 PERMITTEE shall surrender SAID PROPERTY to CITY in as good 10 condition as it was when it was originally received by PERMITTEE, 11 reasonable wear excepted. 12 4.a This Use Permit Agreement is granted to PERMITTEE upon 13 the express condition that PERMITTEE shall keep and hold CITY free 14 from all liability, expense, and claim for damages by reason of 15 any injury or death to any.person or persons, including PERMITTEE, 16 or property of any.kind whatsoever and to whomsoever belonging, 17 including PERMITTEE, from any cause or causes whatsoever during 18 the term of„ this Use Permit Agreement or any extension thereof 19 r any occupancy or use hereunder; PERMITTEE hereby covenanting 20 and agreeing to indemnify and save CITY harmless from all lia- 21 ility, loss, cost, and obligations on account of or arising out 22 f any such injuries or losses howsoever occurring. 23 4.b PERMITTEE agrees to take out and keep in force during the 24 life hereof, at PERMITTEE'S expense, liability insurance to pro- 25 ect against any liability to any person or persons, including' 26 ERMITTEE, resulting from any occurrence in or about or incident 27 o SAID PROPERTY and appurtenant areas in the amount of $100,000 28 to indemnify against the claim of one person, $300,000 against tile 29 laim of two or more persons; and $50,000 for property damage. Sai 30 policies shall insure the liability of PERMITTEE and the liability 31 ontingent or otherwise, of CITY and such other persons, firms, 32 r corporations as may be designated by CITY. If PERMITTEE does 1 2 3 4 5 6 7. 8 9• 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 41 28 29 30 31 32 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 insuran company by CITY. 4.c Any insurance policy insuring PERMITTEE against claims, expense, or liability for injury or death to person or property i 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 an such claim, expense, or liability. 5. PERMITTEE shall pay all charges for all utilities, in- cluding by way of illustration but not limitation, electricity, gas, water, and telephone which are used on or about SAID PP.OPERV 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 repaii or temporary alterations as CITY shall, in its sole discretion, desire. Dated: (ATTEST: M Y L;' ARDEN, City Clerk CITY OF MORRO BAY /1_�__MLtz DALE C. MITCHELL, Mayor PERMITTEE By T1.tl:e i�"! r RESOLUTION NO. 58-76 RESOLUTION ESTABLISHING SALARY RANGES AND STEPS FOR EMPLOYEE CLASSIFICATIONS, DESCRIBING METHODS OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT 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 adopted Ordinance No. 21, dated March 23, 1965, which requires a plan of compensation for City Employees: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Morro Bay that all previous resolutions establishing salary range which are in conflict herewith are superseded and the following sections enacted for the 1976-77 Fiscal Year: SECTION 1. Salary Ranges. The following salary ranges are adopted and applied to the position classifications indicated in Section 2 hereof: Resolution. No. 58-76 page Two SALARY RANGHS AND STEP SCHEDULE FOR GENERAL AND MISCELLANEOUS EMPLOYEES WITHIN CLASSIFICATION PLAN 8% 1 2 3 4 5 Nrml. First Full Abv. Otsdg. Range Hrly. Hire Inctv. Qualf. Avg. Per'.. _ 'Rate Rate Rate 'Rate Rate 'Rate 6 3.233 258.69 274.15 289.12 304.06 321.50 7 3.296 263.69 282.62 296.58 314.00 331.96 8 3.427 274.1E 289.12 304.06 321.50 340.96 9 3.533 282.62 296.58 314.00 331.96 351.42 10 3.613 289.12 304.06 321.50 340.96 360.38 11 3.707 296.58 314.00 331.96 351.42 371.35 12 3.800 304.06 321.50 340.96 360.38 382.31. 13 3.925 314.00 331.96 351.42 371.35 391.31 14 4.018 321.50 340.96 360.38 382.31 402.77 15 4.149 331.96 351.42 371.35 391.31 412.23 16 4.261 340.96 360.38 382.31 402.77 424.19 17 4.392 351.42 371.35 391.31 412.23 436.15 18 4.504 360.38 382.31 402.77 424.19 448.62 19 4.641 371.35 391.31 412.23 436.15 463.08 20 4.778 382.31 402.77 424.19 448.62 477.04 21 4.891 391.31 412.23 436.15 463.08 490.46 22 5.035 402.77 424.19 448.62 477.04 502.46 23 5.152 412.23 436.15 463.08 490.46 516.412 24 5.302 424.19 448.62 477.04 502.46 532.36 25 5.451 436.15 463.08 490.4E 516.42 547.81 26 5.607 448.62 477.04 502.46 532.36 563.77 27 5.788 .463.08 490.46 516.42 547.81 579.23 28 5.963 477.04 502.46 532.36 563.77 595.15 29 6.130 490.46 516.42 547.81 579.23 610.62 30 6.280 502.46 532.36 563.77 595.15 627.08 31 6.455 516.42 547.81 579.23 610.62 645.50 32 6.654 532.36 563.77 595.15 627.08 663.46 6.847 547.81 579.23 610.62 645.50 7.047 563.77 595.15 627.08 663.46 7.240 579.23 610.62 645.50 7.439 595.15 627.08 663.46 7.631 610.62 645.50 7.838 627.08 663.46 8.068 645.50 8.293 663.46 Resolution Page Three No. .58-76 SALARY RANGES AND STEP SCHEDULE FOR FIRE EMPLOYEES WITHIN CLASSIFICATION PLAN 7% 1 2 3 4 5 Nrml. First Full Abv. Otsdg. Range Hrly. Hire Inctv. Qualf. Avg. Perf. Rate Rate Rate state Mate -Rate 20 4.735 378.78 399.03 420.26 444.46 472.61 21 4.846 387.67 408.41 432.12 458.78 485.94 22 4.988 399.03 420.26 444.46 472.61 497.80 23 5.105 408.41 432.12 458.78 485.94 511.62 24 5.253 420.26 444.46 472.61 497.80 527.43 25 5.401 432.12 458.78 485.94 511.62 542.74 26 5.556 444.46 472.61 497.80 527.43 558.54 27 5.735 458.78 485.94 511.62 542.74 573.85 28 5.908 472.61 497.80 527.43 558.54 589.65 29 6.074 485.94 511.62 542.74 573.85 604.96 30 6.222 497.80 527.43 558.54 589.65 621.26 31 6.395 511.62 542.74 573.85 604.96 639.53 32 6.593 527.43 558.54 589.65 621.26 657.31 6.784 542.74 573.85 604.96 639.53 6.982 558.54 589.65 621.26 657.31 7.173 573.85 604.96 639.53 7.371 589.65 621.26 657.31 7.562 604.96 639.53 7.766 621.26 657.31 7.994 639.53 8.216 657.31 SALARY RANGES AND STEP SCHEDULE FOR MANAGEMENT EMPLOYEES WITHIN CLASSIFICATION PLAN 33 6.660 532.86 563.48 593.60 627.68 664.22 34 6.852 548.17 578.79 609.90 644.96 683.48 35 7.043 563.48 593.60 627.68 664.22 701.76 36 7.234 578.79 609.90 644.96 683.48 722.00 37 7.420 593.60 627.68 664.22 701.76 742.74 38 7.624 609.90 644.96 683.48 722.00 763.98 39 7.846 627.68 664.22 701.76 742.74 785.22 40 8.062 644.96 683.48 722.00 763.98 41 8.303 664.22 701.76 742.74 785.22 42 8.544 683.48 722.00 763.98 43 8.772 701.76 742.74 785.22 44 9.025 722.00 763.98 45 9.284 742.74 785.22 46 9.550 763.98 47 9.815 785.22 I. • • Resolution No. 58-76 Page Four SALARY RANGES AND STEP SCHEDULE FOR POLICE EMPLOYEES WITHIN CLASSIFICATION PLAN 6.45% 1 2 3 4 5 Nrml. Frt Full Abv. Otsdg. Hrly. Hire Inctv. Qualf. Avg. Perf. Range Rate Rate Rate Rate Rate Rate 20 4.710 376.83 396.98 418.10 442.18 470.18 21 4.821 385.68 406.31 429.89 456.42 483.45 22 4.962 396.98 418.10 442.18 470.18 495.24 23 5.079 406.31 429.89 456.42 483.45 508.99 24 5.226 418.10 442.18 470.18 495.24 524.72 25 5.374 429.89 456.42 483.45 508.99 539.95 26 5.527 442.18 470.18 495.24 524.72 555.67 27 5.705 456.42 483.45 508.99 539.95 570.90 28 5.877 470.18 495.24 524.72 555.67 586.62 29 6.043 483.45 508.99 539.95 570.90 601.85 30 6.190 495.24 524.72 555.67 586.62 618.07 31 6.362 508.99 539.95 570.90 601.85 636.24 32 6.559 524.72 555.67 586.62 618.07 653.93 6.749 539.95 570.90 601.85 636.24 6.946 555.67 586.62 618.07 653.93 7.136 570.90 601.85 636.24 7.333 586.62 618.07 653.93 7.523 601.85 636.24 7.726 618.07 653.93 7.953 636.24 8.174 653.93 SECTION 1. Classifications and Ranges. The classes of positions shall each have the monthly salary ranges shown opposite the title in this section. Classes Range Clerical, Fiscal, Secretarial and Related Classes Administrative Secretary/Deputy City Clerk 18 Account Clerk II 14 Secretary 14 Stenographer 11 Typist Clerk III 11 Clerk -Dispatcher 11 Account Clerk I 10 Typist Clerk II 9 Typist Clerk I 6 Professional, Technical and Related Classes Building Inspector 31 Civil Engineering Assistant 26 Recreation Supervisor 22 Resolution No.58-76 Page Five Public Works and Related Classes Maintenance Supervisor Water Quality Control Superintendent Chief Harbor Patrol Officer Maintenance Leadworker Wastewater Treatment Plant Operator Harbor Patrol Officer Maintenance Worker III Mechanic Wastewater Treatment Plant Operator Maintenance Worker II Maintenance Custodian Maintenance Worker I II 3 SECTION 3. Rules Governing Step Increases Range 29 29 27 21 21 21 19 19 18 17 15 13 A. The following rules shall govern step increases for all permanent employees hired hereafter and for position classifications under Section 2 above: (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 require- ment for such advancement by the department head and approved by the Administrative Office. The first ,six months, regardless at which step employment begins, is the probationary period. (2) The second step is an incentive adjustment and is given at the completion of six months' probationary employment at the first step. Employees may be advanced to the second step upon recommendation by their department head and approval by the Administrative Officer. (3) The third step represents the middle value of the salary range and is the rate at which a fully quali- fied, experienced, and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months of service at the second step, provided the advancement is recommended by the department head and approved by the Administrative Officer. (4) The fourth step is to be awarded for work which is above average for the class. An employee may be advanced to the fourth step after completion of one year of service at the third step, provided the advancement is recommended by the department head and approved by the Administrative Officer. (5) The fifth step is intended as a reward for outstanding performance. An employee may be advanced to the fifth step after completion of one year of service at the fourth step, provided the advancement is recommended by the department head and approved by the Administrative Officer. B. In applying the above rules, the next step increase shall be granted, other conditions being met, on the following basis: Resolution No. 58-76 Page Six (1) For those having an anniversary date on the first of the month, the increase shall be effective that date. (2) For those having an anniversary date on the second of the month or later, the increase shall be effective the first day of the following month. C. Probationary period of employment shall be as follows: (1) Fire and Police Departments - One year (2) All other permanent employees - Six months (3) The first six months or one year of service, whichever applies to the position at which employee, regardless of the hiring step, shall be considered as a probationary period. SECTION 4. Schedule of Salaries for Employees Positions Not Included In the "Positions Classification Plan A. Appointed Officers City Clerk City Treasurer $ 1.00 per month $ 1.00 per month B. Miscellaneous Employee Classifications Part-time Help School Crossing Guard $ 2.80 per hour Extra Help Minimum hourly rate for classification Summer - Temporary Help Recreation Coordinator $ 3.32 per hour Recreation Specialist (Sr.Cit.)$ 2.77 per hour Recreation Spec. (Tiny Tots) $ 2.77 per hour Recreation Leader I $ 2.62 per hour Recreation Leader II $ 2.77 per hour Lifeguard $ 2.52 per hour Reserve Firemen Captains Engineers Firemen Police Reserves Overtime Pay $ 35.00 per month $ 32.50 per month $ 30.00 per month plus $5.00 emergency response $ 2.20 per hour All employees, except management classes, overtime computed at straight hourly rates. Resolution No. 58-76 Page Seven On motion by Councilman Brown and seconded by Councilman Shelton , 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, Pipitone, Rowland and Shelton; Mayor Mitchell NOES: None ABSENT: None ADOPTED: August 23, 1976 DALE C. MITCHELL, Mayor ATTEST: k4dzu—�� ml U.' WARDEN, City Clerk 0 0 RESOLUTION NO157-76 RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS FOR THE FI$LAL YEAR 1976-77 T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Final Budget of the City of Morro Bay for the fiscal year 1976-77 has been approved and adopted by Resolution No.54-76 on August 9, 1976; and WHEREAS, the amount of assessed valuation for the City of Morro Bay has been received from the Office of the Auditor - Controller of the County of San Luis Obispo with a preliminary assessed valuation of $55,999,922.00. NOW, THEREFORE, BE IT RESOLVED that the total tax rate on taxable property within the City of Morro Bay for the fiscal year 1976-77 be and is hereby fixed at $1.00 on each $100.00 of assessed valuation as established for city tax purposes and which is shown upon the assessment rolls of the County of San Luis Obispo; and BE IT FURTHER RESOLVED that all taxes collected at the rate of $1.00 per $100.00 of assessed valuation be apportioned as follows: General Fund ... . . . . . . . . . $1.00 on motion by Councilman Brown 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, Pipitone, Rowland and Shelton -and Mayor Mitchell NOES: None ABSENT: None ADOPTED: August 23, 1976 DALE C. MITCHELL, Mayor ATTEST: MUYRAY Y. IWARDENf City Clerk RESOLUTION NO, 56-76 RESOLUTION APPROVING WORK STUDY PROGRAM AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY COKMU14ITY COLLEGE DISTRICT AND THE CITY OF MORRO BAY T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that the certain document entitled "Work Study Program Agreement" by and between the City of Morro Bay and the San Luis Obispo County Community College District, Cuesta College, 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 Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Shelton; Mayor Mitchell NOES: None ABSENT: None ADOPTED: August 23, 1976 6,&c 2A, A" DALE C. MITCHELL, Mayor ATTEST: 9W 44; `MU ,ARAY/t. WARDEN, City Clerk AGREEMENT This Agreement, made and entered into this jSj_ day of; July 1 1976, by and between San Luis Obispo County Community College DistrAct, a political subdivision of the State of California, hereinafter called "College", and City of Morro Bay , a political subdivision of the State of California, hereinafter called "Agency": WITNESSETH: WHEREAS, College is the administering body of a College Work Study Program established under Title 1, Part C of the Economic Opportunity Act of 1964; and WHEREAS, Agency is a public organization within the terms of said Act; and WHEREAS, it is in the public interest that a Work Study Program be carried by College and Agency under said Act. I NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, College and Agency, the parties hereto, hereby mutually covenant and agree as follows: 1. College and Agency shall cooperate in carrying out a Work Study Program pursuant to Title 1, Pa.rt C of the Economic Opportunity Act of 1964. 2. College s,hall, in accordance with paragraph 3 hereinafter set forth, refer and make available to students I to Agency during the school year 1976-77 for participation in said Work Study Program and for performance of specified work assignments, and said students are hereinafter referred to as "Participants" 3. Agency shall from time to time inform College as to the number of Participants required by Agency; Agency shall designate the times and places where Participants shall report; Agency shall provide work to Participants and in so doing, Agency shall provide supervision, necessary equipment, materials, and tools; but transportation of Parti- cipants to and from such work assignments shall not be provided by either College or Agency. 4. The parties hereto agree that not withstanding any of the provisions of this Agreement, Participants partici- pating in said Work.Study Program shall not by reason thereof , be deemed employees of Agency for any purpose, and all said Participants shall be deemed College employees for all purposes. 5. Participants participating in said Work. Study Program shall not by reason thereof be deemed employees of the United States or the federal civil service, for any purpose. 6. There shall be no restriction on the type of work performed by Participants under this Agreement, with exceptance of the following: -2- 0 a. Work shall not result in the displacement of employed workers or impair existing service contracts; b. Work shall, not involve the construction, operation, or maintenance of facilities for sectarianinstruc- .t ion or for religious worship. C. No work shall involve political activity. d. Agency agrees th-at no Participa . nt shall be subjected to different treatment under this Agreement on the grounds of race, color, nationality or sex, and tha . t Agency will comply with the provisions of the Civil Rights Act of 1964 and the regulations thereunder. e. The said Work Study Program shall be operated at all times in full conformity with all federal, state and local laws and regulations and in a manner not resulting in exploitation of such Participants. f. Participants shall not work in excess of a 40 hour week. 7. College shall defend, indemnify and hold harmless, Agency and its offi cers , agents and empl oyees from any and all claims, demands, liability, causes of action, judgments, costs and expenses in any way arising out of this Agreement or out of any act s or failure to act by College pursuant to this Agreement. 8. College shall obtain and keep in force at all times during the term of this Agreement, public liability -3- 0 0 and property damage insurance naming Agency as the co-insured in a'mounts satisfactory to Agency, and said public liability and property damage insurance shall be deemed the primary insurance coverage for said purposes insofar as Agency is concerned. Compensation for ser0ces provided by Participants under this Agreement shall be $2.30 per hour for the first year of employment and $2.40 per hour for the second year of employment. College shall pay said compensation directly to the Participants, and Agency shall reimburse College monthly fo r 20 percent of the compensation paid by College to Participants. Agency shall do all necessary timekeepinq for accounting purposes, and within 15 days after the end of each month, Agency shall forward to College copies of said timekeeping records accompanied by a warrant payable to College for the amount due from Agency to College for such Participants at the rates hereinabove set forth. 10. College shall obtain and keep in force at all times during the term of this Agreement, Workmen's Compensation Insurance covering all Participants; and in addition to the 20 percent which Agency agrees to reimburse College as stated hereinabove in this Agreement, Agency shall also pay, by way of reimbursement to College, an amount equal to any and all payments required to'be made by College under State or local Workmen's Compensation laws, federal or State -4- Social Security laws, or any other applicable laws of such types on behalf of Participants participating in projects under this Agreement. 11. The term of this Agreement shall be for the 19 - school year. 12.. Neither party hereto shall assign or transfer this Agreement or any part thereof without the prior written consent of the other party. 13. In the event either party to -this Agreement violates any term or condition of this Agreement at any time, then the other party hereto may terminate this Agreement by giving to the violating party thirty (30.) days written notice of intent to terminate this Agreement provided the violating party does . not rectify such violation in full during said thirty (30) day period. 14. This Agreement shall be binding on the successors and assigns of both parties hereto. IN WITNESS WHEREOF, College and Agency, the parties hereto, have executed this Agreement on the day and year first hereinabove in this Agreement set forth. SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT "'� - 1, Ott, By: (/Chairman of t /of -'San Luis C bommun 161 V Y 5- 11 h'k Board'ot irustees b-i`sj�P C o u n ty lege District) 0 APPROVED AS TO FORM AND LEGAL EFFECT: ROBERT N. TAIT District Attorney By:_ J ATTEST: By: (Chairman of the 'Deputy District Attorney CITY OF MORRO BAY &AC2nA4& DALE C. MITCHELL, Mayor M-2 RESOLUTION NO. 55-76 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUA14T 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 1976/77, dated August 9, 1976, copies of which are attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that and directed to sign said claim of the City of Morro Bay; and BE IT FURTHER RESOLVED that forwarded to the San Luis Obispo Coordinating Council. .the Mayor is hereby authorized and attachments for and"on behalf said claim and attachments be County and Cities Area Planning On motion by Councilman Brown and seconded by Councilman Shelton , 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, Pipitone, Rowland and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 9, 1976 -,1MWN-,r Mavbr- Pro Tem ,DONALD H. 'I - ATTEST: xr� Av� MURW�� L ��RDEN, City Clerk a TPA-1 SLOAPC ANNUAL TRANSPORTATION CLAIM I TO: San Luis Obispo County & Cities Area Planning Coordinating Council Rm 102 Courthouse Annex San Luis Obispo, Calif. 93401 rROH: Applicant: _ City of Morro Bay Address: 595 Harbor Street City: Morro Bay, California 7,ip: 93442 Contact Person: MURRAY L. WARDEN Phone: 772-2212 CitY Clerk/Administrator The � City of Morro Bay hereby requests, in accordance with ChapteiZ 14009 Statutes 1971 and applicable rulac and regulations, that its annual transportation claim be approved in the amount of $80,240.10 for fiscal year 1976477, to be drawn from the local transportation fund of the County of San Luis ObisDo . When approved$ please transmit this claim to the County Auditor of the County of San Luis Obispo, for payment. Approval of the claim and payment by the County Auditor to this applicant is subject to such monies bei ng on hand and available for distribution, and to the pro- Visioris that such monies will be used only in accordance with the terms of the approved annual financial plan. APPROVED: San Luis Obispo County E Cities Area Planning Coordinating Council Title Date CITY OF MORRO BAY APPLICANT DONALD H. BROWN Title mayor Pro Tem Data -August 9, TPL-2 SWAPC AMWAL PROJECT mm rriNANCTAL MAN (Use additional �Iorms as nccossary) Briefly describe all proposed projccts and indicate proposed expendi- tures of your jurisdiction for the ensuing fiscal year for right-of-way acquisition and construction of local streets and roads, including facilities provided for the exclusive use by pedestrians and bicycles. Give each project a title and number in sequence. is this a major new Project Title and facility? Project Sources of Brief Description Yes or No cost Fundinq 73,372.00 UMTA Gran 33,318.14(SB 325' Dial -A -Ride Public Transportation Yes, $189,040.00 FY 72-73) System. Implementation, Capital 46,798.24(SB 325 Improvements and First Year FY 73-74) Operation and Maintenance. 26,964.74(SB 325 FY 75-76) 81586.88(SB 325 FY 76-77) 2 71,653.22(SB 325 Dial -A -Ride Public Transportation No $ 86,876.00 FY 76-77) System. Second Year Operation and 10,925.00(Fares) Maintenance. 4,297.78(General Fund), J 3 # 4 (cont I d) -7- Is thin a major new -Project Titlo and facility? Project Sourc es of ]3rief Description Yon or 170 Cost runding Ir a, A�plicantls total proposed annual expenditures of all funds for riSht-oi-wav acquisition construction of streets, pedestrian walk ways and bike paths -, and transit systems. 457,306.-00 b, Annual Transportation Claim 80,240.10 ca % of Claim (b)*of Total (a) 17.55 d. If Claim is more than 5W� of 'total proposed annual expenditures please justify: (CctnL Driefly doscribe thL- stntus of current fiacal year. anwal. tranceportaii. -oJcc- propr6ss to date-, and.b) neomo and tion'claim ificludin": a) pz -axp.qnditvrcs to date. In ralditio-n� provide a ??r0JQct-'O1% Of a and 10. abova to July 1. Prelimi6ary surveyIng has bee'n completed and plans and specifications for Federal Aid Urban Project (Beachcomber, Yerba Buena & Java) are now being reviewed. The total estimated cost is $ 153f140.00 Of which $24,,50'0.00 is SB325 money. The Dial-A-Rid6 Public Transportation System claim has been filed with.. UMTA. Present estimated first year cost is $189,040.00 4. Second year costs are estimated to be $86,876.00. SB325 Funds received to date are $33*,318.14 from*the FY72/73 claim, $46,798.24 from the FY73/74 claim, $34,275.97 from the FY74/75 claim and $60,464.74 from the FY75/76 claim making a total of $174,.857.09 receipts. To date $:7�,'165'.50 has been expended for prelimf ' nary., engi.neeri.ng on the FAU project leaving an. 'unexpended balance of $ 167, 69 1.59. CERTIFIED: DONALD H. BROWN OX:Ltla Mayor Pro Tem August 9, 76 1, % A. V 0 0 RESOLUTION NO. 54-76 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1976-77 T H E C I T Y C 0 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 1976-77", is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1976-77. On motion by Councilman Brown 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, Pipitone and Rowland NOES: Councilman Shelton ABSENT: Mayor Mitchell ADOPTED. August 9, 1976 _�DoffAfD k,.,1BAowNy_A&- - Pro -em ATTEST: Z� �_ 'M��Y,�.WARDEN, City Cle—rF— E P RESOLUTION NO. 53-76 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY SENIOR CITIZENS, INC. T H E C I T Y C 0 U N C I L City of Morro Bay,,California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and the Morro Bay Senior Citizens, 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 same by the Morro Bay Senior Citizens, Inc. On motion by Councilman Pipitone and seconded by Councilman Shelton , 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, Pipitone, Rowland and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 9, 1976 DONALD.H. BROWN, Mayor Pro Tem ATTEST: AO-J,oar� M. V� WARDEN, City Clerk ACKNOWLEDGMENT AND AGREEMENT 2 This Acknowledgment and Agreement is entered into this 9th 4 day of Aug. , 1976, by and between the City of Morro Bay a munici 5 pal corporation, hereinafter called CITY and Morro Bay Senior 6 Citizens, Inc., a non-profit California corporation hereinafter 7 called CORPORATION. 8 WHEREAS, CORPORATION has furnished a copy of their Articles 9 of Incorporation and has taken the necessary steps to elect 10 officers and has authorized execution of this Agreement; and 11 WHEREAS, CORPORATION has requested the City Council of CITY 12 to make a grant of funds to CORPORATION for the purpose of enablin 13 CORPORATION with such grant and other funds raised by CORPORATION 14 to continue providing transportation service to Morro Bay senior 15 citizens; and 16 WHEREAS, public transportation is not available at this time 17 both within the City limits and between Morro Bay and San Luis 18 Obispo; and 19 WHEREAS, the cost of private transportation for these purposes 20 is not within the means of said senior citizens and other needy 21 persons; and 22 WHEREAS, CORPORATION has a dire need to continue mini -bus 23 services to those Morro Bay senior citizens who depend upon this 24 type of transportation; and 25 WHEREAS, the City Council of CITY, being aware of all the cir- 26 cumstances set for-th hereinabove and recognizing the public purpos 27 being served by CORPORATION in this activity, grants to CORPORATIO 28 the sum of $1,250.00 in order to continue the present level of 29 service to Morro Bay senior citizens. 30 NOW, THEREFORE, CORPORATION does hereby acknowledge receipt of 31 the sum of $1,250.00 from CITY and said CORPORATION does hereby 32 jagree as follows: I 1 1. Paid $1,250.00 received by CORPORATION shall be used for 2 the expenses of operating the transportation for Morro Bay senior 3 citizens. 4 2. The total responsibility and liability for the use of 5 said mini -bus is that of the CORPORATION. 6 3. CITY has no legal interest in said mini -bus and has no 7. responsibility for its use. 8 4. CORPORATION will provide CITY an accounting of the 9 $1,250.00 utilized in the Fiscal Year 1976-77 with such accounting 10 to be provided to CITY not later than August 31, 1977. 11 IN WITNESS WHEREOF this Agreement is executed this day of 12 1976. 13 CITY OF MORRO BAY, a municipal corporation 14 15 TCI+ELL, May6r 16 ATTEST:. 17 19 M. L. WARDEN, City Clerk 20 MORRO BAY SENIOR CITIZENS, INC. 21 ­7 22 ,D-resident 23 24 25 Secretary 26 27 28 29 30 31 32 RESOLUTION NO. 52-76 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINEf INC. T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: 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 same by the San Luis Obispo County Hotline, Inc. on motion made by Councilman Pipitone and seconded by Councilman Shelton , the City Council of the City of Morro Bay hereby ad6pts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 9, 1976 DONALD H. BROWN, Mayor Pro Tem ATTEST: WARDEN, City Clerk I _A_G_R E_E_M_E_N_T_ 2 THIS AGREEMENT, date / 0 -03 7 G for the convenience of 3 the parties hereto, is between the CITY OF MORRO BAY, a municipal 4 1corporation referred to herein as "City", and SAN LUIS OBISPO 5 ICOUNTY HOTLINE, INC., a non-profit corporation referred to herein 6 as "Hotline". 7 W I T N E S S E T H: 8 WHEREAS, Hotline has requested City to contribute to Hotline'- 9 public service program of providing counseling and referral servicE 10 to persons residing within the City, hereby serving both a public 11 and a municipal purpose: 12 NOW, THEREFORE, City and Hotline, for and in consideration of 13 Ithe mutual benefits, promises and agreements set forth herein, do 14 jagree as follows: 15 11 1. Hotline agrees to continue its counseling and referral 16 11service program on a regular basis for the period July 1, 1976, 17 lithrouqh June 30, 1977. 18 2. City agrees to pay Hotline the total sum of One Hundred, 19 Twenty Dollars ($120.00) for services provided during said period,. 20 payable at the rate of Ten Dollars ($10.00) per month on or before 21 the last day of each and every_month, commencing July 31, 1976, and 22 Icontinuing through June 30, 1977. 23 3. On or before March 31, 1977, Hotline will provide City 24 with a detailed statement of the types of services provided to 25 ICity residents and the number of City residents provided with such 26 services during the period July 1, 1976, through January 31, 1977 27 4. Hotline and all of its agents, representatives, and 28 participants in any manner in the performance of Hotline's obliga- 29 tions and duties -hereunder shall be employees, independent con- 30 tractors orvolunteers for Hotline and shall not for any purpose 31 be considered as employees or agents of City. Hotline agrees to 32 hold City harmless and to defend the City in any action, proceedinc F4 0 -2- 1 0 I or hearing wherein the cause of action or claim is based upon an 2 allegation that any person acting on behalf of Hotline is an 3 employee or agent of the City, including, without limitation, all 4 actions and claims based upon contract, tort, or statutory provi- 5 sions. 6 5. For the purposes of notice under this Agreement, all 7 notices shall be considered effective upon being sent by certified 9 mail to the following addresses: 9 City: City Clerk 595 Harbor Street 10 Morro Bay, Ca. 93442 11 Hotline: San Luis Obispo County Hotline, Inc. P. 0. Box 654 12 San Luis Obispo, Ca. 93406 13 IN WITNESS WHEREOF, the parties hereto have executed this 14 Agreement by their proper officers duly authorized, as of the date 15 indicated. 16 CITY OF MORRO BAY 17 7 18 Dated: &Y MITCHELL, MayorL 19 ATTEST: 20 21 Vk 22 M'.,L: WARDEN, City ClerF- 23 SAN LUIS OBISPO COUNTY HOTLINE, INC. 2.4 25 Dated: X&412-� w3O 1179 By: J/3-(- -/,f I Cnairman 26 27 By: 42�0- 04tc4l� 28 Treasurer 29 30 31 32 RESOLUTION NO., 51-76 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FORWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1976-77 TAX ROLLS T H E C I T Y C 0 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 1976-77 tax rolls. On motion by Councilman Pipitone and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, and Shelton NOES: None ABSENT: mayor Mitchell ADOPTED: August 9, 1976 DONALD H. BROWN, Mayor Pro Tem- I ATTEST: M11ARAY K. WA City Clbrk V RESOLUTION NO. 56-76 RESOLUTION APPROVING AND ADOPTING AN INTERIM BUDGET FOR THE FISCAL YEAR 1976-77 T H E C I T Y C 0 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 conforming to a budget I approved by ordinance or resolution need not be audited by the City Council prior to payment. NOW, THEREFORE, BE IT RESOLVED that the certain document entitled "Interim B�udget,City of Morro Bay, Fiscal Year 1976-77" dated July 12, 1976, is hereby adopted as an interim budget for the City of Morro Bay for Fiscal Year 1976-77, pending final adjustments for personnel costs resulting from agreements with employee associations. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: July 12, 1976 DALE C. MITCHELL, Mayor ATTEST: M./L. WARDEN, City Clerk RESOLUTION NO. 49-76 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE FISCAL YEAR 1976-77 T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement, upon execution of the same by the Morro Bay Chamber of Commerce. On motion by Councilman Brown and seconded by Mayor -Mitchell , 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, Rowland�and_Mayoi�. Mitchell NOES: Councilmen Pipitone and Shelton ABSENT: None ADOPTED: July 12, 1976 DALE C. MITCHEEL, Mayor ATTEST: M. L. WARDEN, City Clerj�_ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 202) 23 _A_G_R_E_E_M_E_N_T_ This Agreement, effective July 1, 1976, is entered into by and between the City of Morro Bay, a municipal corporation, he after referred to as CITY, and the Morro Bay Chamber of Commerce, a non-profit corporation, hereinafter referred to as CHAMBER. WHEREAS, CITY desires to promote its advantages as a business� industrial, recreational, and residential center; disseminate information relative thereto; and properly follow-up and give con.- sideration to inquiries made from time to time relative to the various activities of CITY and 'its possibilities; and WHEREAS, CITY desires CHAMBER to perform certain promotional and other services for CITY, which CITY believes will be of great advantage and benefit to CITY, and the citizens, residents, pro - owners, and taxpayers thereof, and will promote the general are; and WHEREAS, CHAMBER is organized for such promotional activities behalf of CITY and is in a position to accomplish such aims and of CITY in an efficient and economical manner; and WHEREAS, the provisions of the Government Code of the State authorize -the expenditure of public funds by a munici corporation for advertising or publicity as therein and herein 24 11 NOW, , in consideration of the premises and convenan 25 and promises hereinafter set forth, the parties hereto hereby ag 26 as follows: 27 1. That the foregoing recitals are true and correct and -2� constitute accurate statements of fact herein. 29 2. CHAMBER will maintain a public office to be identified 30 a suitable sign that will be readily identifiable by members of 31 public,. and will provide information to visitors, business,.and 32 11professional people. A staff member ormembers of the CHAMBER will 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 22 23 24 25 26 27 28 29 30 31 32 - 2 — be ; available daily during regular office hours, Monday through Friday. (a) CHAMBER will employ a geheral manager and such secretarial help as will be necessary to adequately carry out the office duties of the CHAMBER. (b) It is agreed that the compgnsation received from CITY may be used to partially defray the operating expenses of CHAMBER, and that all expenditures from these funds shall be sub- ject to audit by CITY. The books of CHAMBER shall be open to inspection by CITY at any time. (c) CHAMBER shall supply maps and promotional literatur about Morro Bay and will maintain files on economic conditions, industrial sites, ind general business information about the community. CHAMBER will be responsible for updating published information included in Chamber of Commerce literature. These materials will be available to visitors and potential industrialis who are seeking information. (d) CHAMBER will also maintain a library of literature, business.' and telephone directories fdr public use. (e) CHAMBER will assist in the promotion of community events such as "Rock-O-Rama" and other celebrations and festivitie attracting visitors to the areas. It shall be a goal of CHAMBER to attract conventions and conferences to CITY and to assist them in making arrangements during their stay. (f) in all activities, CHAMBER shall be a public infor- mation agency disseminating information and creating good will and advancing the development of CITY and its trading and tourist area CHAMBER furthermore agrees to cooperate in carrying forward commun research studies and to assist in establishing trends for future development. (g) CHAMBER will carry on such other duties as may be mutually agreed upon by the parties hereto to promote the business y 3 I lindustrial, and residential development of CITY. 2 3. , CHAMBER will obtain and maintain in full force and 3 during the term of this Agreement, liability insurance protecting 4 CITY against claims and demands resulting from injuries to persons 5 and property upon premises maintained by CHAMBER, during CHAMBER- 6 sponsored activities and events wherever situated; said insurance 7 policy to be in form, amount, and issued by companies satisfactory g to CITY. Within ten (10) days of the date of the last of the 9 signatories executes this Agreement, CHAMBER will submit to CITY jo evidence of such insurance. 11 4. CITY shall pay to CHAMBER twenty-five (25) percent of 12 the transient occupany tax receipts, not to exceed $30,000 for the 13 fiscal year 1976-77, for the furnishing of said_services and upon 14 the following conditions: (a) Payments shall be made at the convenience to CITY 16 and all payments are subject to prior approval of the City Council 17 (b) None of the funds furnished by CITY hereunder shall 18 be.used for printing costs for materials advertising any private 19 business or enterprise. 20 (c) CHAMBER shall provide to CITY a quarterly financial 21 condition report in form and content as agreed to by CITY and 22 CHAMBER. The first such report shall be due for the Fiscal Year 23 1976-77 quarter ending September 30, 1976, by no later than the 24 15th calendar day of the following month and such report shall be 25 submitted for each quarter thereafter. No payments shall be paid 26 Ito CHAMBER until after receipt and approval by City Treasurer of 2.7 said report. Payments shall be made by the 45th calendar day 28 following each quarter based upon percent of Occupancy Tax receive 29 by CITY. Supplemental payment(s) may be made based on delinquent 30 Occupancy Taxes received, if any. 31 5. CITY shall have the right to audit said account at -'any 32 time or from time to time. 0 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 6. CITY reserves the right to award separate bids for more specific advertising or promotional projects approved by the City Council during the term of this Agreement. 7. In the event, in the opinion of the majority of the entire City Council, CHAMBER is not functioning effectively, then CITY may give CHAMBER notice of this fact, specifying in detail the alleged default or defaults, and CHAMBER must forthwith correc said default or defaults, or the provisions in this Agreement for financial sponsorship of CHAMBER may be terminated by action of th majority of the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed in duplicate on the dates indicated below. CITY OF MORRO BAY Dated: DALE C. MITCHELL, Mayor ATTEST: M.'L.:WARDEN, City ClerV Dated: lrt'2�� ;�("— / --) ) � V MORRO BAY CHAMBER OF COMMERCE Pzesident,') J) ezl') ry RESOLUTION NO. 48-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO FRIENDS OF ROANDOAK T H E C I T Y C 0 U N C I L The following resolution is hereby proposed: RESOLVED, that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Friends of Roandoak, 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 Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: July 12, 1976 101e,&ej- zyZ�Ze— DALE C. MITCHELL, Mayor ATTEST: M.'ff. WARDEN, City Clerk 11 � 2 3 4 5 6 7 8 9 10 11 12 13 10 is 16 17 is 19 20 21 22 23 24 25 26 27 29 29 so 31 32 USE PERMIT AGREJ�MENT .The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CI TY) hereby grants to Friends of Roandoak (hereinafter called PERMITTEE) the right to user on the terms and conditions hereinafter set forth, that property of the City of Morro Bay, located within the County of San.Luis Obispo, State of California, and described as follows:_ Use of City Property described as "Boone Ranch Wellsite", as shown on attached map marked Exhibit "A", and pursuant to the conditions and restrictions set forth below. 1. Whenever the term "City" is used.in this document it re- fers to the City of Morro Bay and whenever the terAn "Permittee" is usea it refers to the party proposing to use the subject property.. 2. Subject property is situated adjacent to Chorro Creek Road approximately one (1) mile southeast of Morro Bay and consistsi of approximately five (5) acres of undeveloped land except fox City Well No. 12, including electrical lines and underground pipe line. 3. The term of this -Use Permit shall be from August 1, 1976, �o and including Zrune-30, 1977. Lease may be renewed on a year to ,ear basis subject to the conditions set forth herein and willing- iess of CITY to negotiate an extension. 4. As considerationfor the rights and privileges granted -'--o 'ERMITTEE hereto, PERMITTEE shall pay to CITY the sum�of One Hundre Tert-.- Dollars ($'110.00) during the term of this agreement. The UM Of Fifty Dollars ($50.00) shall be due and payable: on August 1976 and the sun, of Si:.ty Dollars ($000.00) shall be due and p-a-i- .ble on January.-, 1, 1977. r Uses contemplated unde�: this lease proposal are gra%ing livestock,dr., drop production, or racrnational activities. -2- I J!Recreational activities shall be such as to preclude alteration to 2 land forms or construction of any structures. PERMITTEE shall 3 ' secure specific CITY approval for each use contemplated. 4 6. Subject property shall hot be used for the storage of 5 material of any nature and PER14ITTEE agrees to maintain the pro- 6 perty so as to present a neat and orderly appearance. 7 7. A fence shall be erected by PER14ITTEE at his expense if 8 livestock are to be Dastured in order to contain said livestock 9 ithin the confines of subject property. Fence shall become pro-' 10 perty of CITY upon expiration of Use Permit. 11 8. PERMITTEE agrees to repair and maintain all fences, both 12 existing and others which may be constructed, in �;uch a condition 13 as to assure the containment of livestock within the confines -of 14 rubject property. 15 9. No irrigation will be permitted on the property. 16 10. No permanent structures of any kind shall be constructed 17 y PERMITTEE. 18 11. Full use of property by CITY shall be retained for main- 19 aining and operating Well No. 12 and any additional well drilling* 20 nd testing, or for any other function deemed necessary by CITY. 21 12. At the expiration of Use Permit, PERMITTEE shall 22 urrender SAID PROPERTY to -CITY in as good condition as it was 23 hen it was originally received by PERMITTEE, reasonable wear 24 xcepted. 25 13. Use Permit shall be granted to PERMITTEE upon the express 26 .1onditions that PERIMITTEE shall keep and hold the CITY free from 27 !Ll 1 liability, expense, and claim for damages by reason of any 28 ;njury or death to any person or persons, including PERMITTEE, or 29 ?roperty of any kind whatsoever and to whomsoever belonging, in-- 30 cluding PERMITTEE, from any cause or causes whatsoever during the 31 term of Use Permit or any exte"nsion thereof or any occupancy or 32 Ise hereunder; PE_'RJ,1ITTEE hereby covenantincr and agreeing to in- -3- demnify and save CITY harmless from all liability, loss, cost, a 2 obligations on -account of or arising out of any such injuries or 3- losses howsoever occurring. 4 14. CITY shall have the right to enter upon SAID PROPERTY 5 11 at all reasonable hours to examine the same or to make such re- 6 11 pairs or temporary alterations as CITY shall, in its sole discre- 7 11 tion, desire. 8 15. PERMITTEE agrees to take out and keep in force during 9 the life hereof at PERMITTE E'S expense, liability insurance to 16 protect against any liability to any person or persons, including 11 PERMITTEE, resulting from any occurrence in or about or incident 12 to SAID PROPERTY and appurtenant areas in the amount of $100,000 13 to indemnify against the claim of one person; $300,000 against the 14. claim of two or more persons; and $50,000 for property damage. 15 Said policies shall insure the liability of PERMITTEE and the lia- 16 bility, contingent or otherwise, of CITY and such other persons, 17 firms, or corporations as may be designated by CITY. If PERMITTEE 18 does not keep such insurance in full' force and effect., Use Permit 19 may be immediately terminated. PERMITTEE shall provide CITY with' 20 copies or certificates of all of said policies including endorse- 21 ments which state that such insurance 'shall not be cancelled excep 22 after ten days prior written notice to CITY. Each such policy 23 shall be approved as to form and insurance company by CITY. 24 16. Any insurance policy insuring PERMITTEE against claims, 25 expense, or liability'for injury or death to person or property in 26. or about SAID PROPERTY shall provide that the insurer shall not 27 acquire by subrogation any right of recovery which PEMMITTEE has 28 expressly waived in writing prior to the occurrence of the loss. 29 PERMITTEE hereby waives any right of recovery against CITY for any 30 such claim, expense, or liability. 31 17. PEMIITTEE agrees to provide w hatever means are necessarY 32 to prevent contamination of City Well No. 12 or any other well 0 E 1 2' M 4 5 6 7 a 9 M11 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY may construct on the subject property. In the event PERMITTEE pastures livestock on SAID PROPERTY, this provision may consist of, but not be limited to, constructing a fence around any CITY well to prevent direct access by livestock. CITY OF MORRO BAY Dated: /C/zz" ATTEST: M'.'Ll WARDEN, City Clerk EFALE C. MITCHELL, Mayor LESSEE Daled: IJ %K 32 11 1 i- .0 - .' t L-Xr-MBIT to VJF-I-t- wo. S V 0 :L Powe-k ?01�% too 200 14 RESOLUTION NO. 47-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION TRAFFIC LINE STRIPING PROJECT NO. PW75-008-33 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 May 24, 1976 award a contract for Traffic Line Striping Project No. PW75-008-33, in the City of Morro Bay, California to Safety Striping Service, Inc., P. 0. Box 725, Fillmore, California, 93015; 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 / (12th day of July, 1976, 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 mot'lon by Councilman Brown. and seconded by Councilman �Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton, and Mayor Mitchell N6ES : � None ABSENT: None ADOPTED: July 12, 1976 DALE C. MITCHELL', Mayor ATTEST: 0-M�Z-� M. L. WARDEN, City�,,C-lerk 0 CERTIFICATION OF COMPLETICN The undersigned hereby certifies that the work of Traffic Line Striping (job No. PW75-008-33) by Safety Striping Service, Inc., has been inspected and found to comply with the approved plans and specifications. It i . s 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: July 2, 1976 40Y -GEORGE/E. CHRISSAKIS City Engineer 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 Traffic Line Striping (Job No. PW75-008-33), in the City of Morro Bay, California has been completed by Safety Striping Service, Inc. and that said work was accepted as completed on July 12, 1976, by the Morro Bay City Council by the adoption of Resolution No. 47-76 dated July 12, 1976; M. L. WARDEN, City CTe-rk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bali, 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, Cali , fornia" th s. 14th day.of July, 1976. M.'�L.-'-WARDEN, City Clerk EIND OF DRUMM tvadgig rx, 646 I 6 0 RESOLUTION NO. 46-76 RESOLUTION REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH TO PREPARE A POPULATION ESTIMATE FOR THE CITY OF MORRO BAY T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, Chapter 2107 of the State of California Streets and Highways Code and Chapter 11005 of the State of California Revenue and Taxation Code establish procedures for changing a City's populationestimate; and WHEREAS, population estimates form the basis for appor- tioning to the City of Morro Bay its share of certain taxes, expecially those from motor fuel and the vehicle in -lieu pro- perty tax funds; and WHEREAS, the City Council of the City of Mdrro Bay desires to secure a current population estimate: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Murray L. Warden, City Clerk, City of Morro Bay, is hereby designated to arrange with the State of California, Department of Finance for a population estimate and is authorized to enter into an agreement with a respresentative of the State of California, Department of Finance for securing such estimate. I On motion by Councilman Brown and seconded by Council- man Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: July 12, 1976 DALE C. MITCHELL, Mayor ATTEST: �9117114)12v� - M.'TI.-WARI)EN, City Clerk 0 0 RESOLUTION NO. 45-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO WAYNE E. AND NORMA BICKFORD FOR LEASE SITE NO. 150 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 negotiated with Wayne E. and Norma Bickford regarding the leasing of Lease Site No. 150; and WHEREAS, it is in the public interest that a lease be granted to Wayne E. and Norma Bickford for said Lease Site No. 150 for the purposes, terms and upon payment of rentals as specified in said lease; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this City. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the execution of said lease with Wayne E. and Norma Bickford concerning Lease Site No. 150; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Rowland , the MorroBay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell NOES: None ABSENT: Councilman Shelton ADOPTED: June 28, 1976 J., DA -T�C. MITCHELL, Mayor ATTES RESOLUTION NO.- 44-76 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1976 T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that the Morro Bay City Council hereby approves the Agreement by and between the City of Morro Bay and Ray A. Pielop, Certified Public Accountant, to perform a continuous audit for the fiscal year ending June 30, 1976, a copy of which is attached and made a part hereof; and BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to sign said Agreement for and on behalf of the City of Morro Bay. On motion by Councilman Brown 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, Pipitone, Rowland and Mayor Mitchell NOES: None ABSENT: Councilman Shelton ADOPTED: June 28, 1976 lodl'61'772�'I- "I DALt-C. MITCHELL, Mayor ATTEST: DT.f L. WARDEN, City M-erl� A G R E E M E N T_ Agreement by and between the City of Morro Bay, a municipal corporation of the State of California (hereinafter called City) and Ray A. Pielop, Certified Public Accountant (hereinafter called Certified Public Accountant). The City and Certified Public Accountant hereby agree as follows: 1. That the Certified Public Accountant will perform an audit of the financial statements of the various funds of the City for the fiscal year ended June 30, 1975. (a) The financial statements of general city funds to be examined are: (1) Statement of Fund Transactions (2) Statement of Revenue - Estimated and Actual (3) Statement of Appropriations, Expenditures and Unexpended Balances together with supporting schedules. (b) The receipts and expenditures of Revenue Sharing monies will be audited to determine compliance with the pertinent Government regulations. (c) The term audit is defined as follows: An examination which embraces all financial transactions and records, but is limited in that the Auditor is not expected to verify every transaction, but rather will be permitted to rely upon his professional judgement in determining the extent to which testing and sampling will be resorted to during the course of the examination. The coverage, however, must be sufficient to permit the Certified Public Accountant to render a special report in conformity to rules (referring to opinions) of the Board of Accountancy of the State of'California. 2. That insofar as is applicable, the audit program as set forth in "Governmental Accounting, Auditing and Financial Reporting" as published by the National Committee on Governmental Accounting will be used by the Certified Public Accountant as a guide in the conduct of.said audit. 3. That said audit will be conducted in accordance with generally accepted auditing standards as follows: (a) GENERAL STANDARDS (1) The examination is to,be performed by a person or persons having adequate technical training and proficiency as an auditor. a (2) In all matters -relating to the assignment an independence in mental attitude is to be maintainled by'the auditor or auditors. (3) Due professional care is to be exercised in the performance of the examination and preparation of the report.* STANDARD OF FIELD WORK (1) The work is to be adequately planned and assistants, if any, are to be properly supervised. (2) There is to be a proper study and evaluation of the existing internal control as a basis for reliance thereon and for the determination of. the resultant extent of the tests to which auditing procedures are to be restricted. (3) Sufficient competent evidential. matter is to be obtained through inspection, observation, inqu tries, and confirmations to afford a reasonable basis for an opinion regarding the financial statements under examination. STANDARDS OF REPORTING (1) The report shall state whether the financial statements are presented in accordance with generally accepted principles of accoxinting. (2) The report shall state whether such principles have been consistently observed in the current period in relation to the preceding period. (3). Informative disclosures in the financial statements are to be regarded as reasonably adequate tinless otherwise stated in th e report. 4." That Certified Public Accountant shall receive as full compensati6ft for all services and expenses in making said general audit a sum not to exceed $1,200.. Said sum to be paid shall be reflected in final billing and.sha.11 be developed:in" accordance with the following hoiirly rates: Certified Public Accountants $ 25.00 Yon -Certified Senior $ 15-00 Junior Accountant $ 10.00 Clerical $ 7.50 5. That in the event said audit develops irregularities or unforeseen - conditions requiring investigation beyond the scope of the regular.audit, report .:.of such conditi.ons shall be made and should further investigation be directdd. 0 additional compensation. therefor shall be allowed as may be agreed upon. (6) That should the City desire a more detailed or further examination of the books, records, accounts and files of any officer, office or department of the City, or assistance in the accounting function the same shall be made by Certified Public Accountant for an additional sum developed at the same rates as set forth in paragraph 4 herein. (7) That Certified Public Accountant will deliver final audit report on or before September 15, 1976 providing all City books have been closed timely and are available as required during the course of the examination. As many copies of the audit report as may be required by.the Ctty shall be supplied by the Certified public Accountant, however, the cost of all copies in excess of Fifteen shall be reimbursed by the City. CITY OF �IORRO BAY BY: 40", , /' r 4w, '�' , , I DALE C. MITCHELL, Mayor RAY A! PIELOP Certified Public Accountant 6 0 RESOLUTION NO, 43-76 RESOLUTION APPROVING COMPREHENSTVE.EMPLOYMENT AND TRAINING ACT OF 1973 WORK SITE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO 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 the certain document entitled "CETA Work Site Agreement" by and between the City of Morro Bay and the County of San Luis Obispo, Employment and Training office, alcopy 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 agree- ment for and on behalf of the City of Morro Bay. On motion made by Councilman Brown 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, Pipitone, Rowland, and Mayor Mitchell NOES: None ABSENT: Councilman Shelton ADOPTED: June 28, 1976 DALE C MITCHELL, Mayor ATTEST: 14. p. WARDEN, City C71e� 0 CETA WORK SITE AGREEMENT (Comprehensive Employment and Training Act of 1973) This Agreement is made and entered into this �4 day of Auc,k)(,+ _, 1976 ,In the City of.S.an Luis Obispo, . California, by and between the County of San Luis Obispo, Employment and Training Office,. representing the prfme sponsor (hereinafter called "Office"), and City of Morro Bay (hereinafter called "Grantee"). WITNESSETH: In consideration of the mutual covenants, conditions, promises and agreements'herein*set forth, Office and Gr afitee hereby mutually covenant and agree as folloWs: 1. The term of this Agreement shall be from August 1, 1975 t hrough and including September 30 197 7 inclusive. 2. Office shall refer eligible participants to Grantee for a Work Site Training Project, hereinafter referred to as "Project" pursuant to Work Site Trainfng' Project sDec!l�'ications. 3. Grantee shall provide supervision, materials, space, equip- ment and training necessary for the operation of the Project. 4. Workman's Compensation coverage for participants referred to the Work Site Grantee will be provided by Grantee. I � . 5. Grantee shall provide participants with safety instructions and equipment necessary for reasonable protection against injury and damage. If Grantee provides special clothing or equipment for its regular employees, Gra I ntee shall provide $the same type.of clothing or equipment to participants. Grantee's facilities and equipment used under this Agreement shall comply with all applicable federal, state, county and.city health and safety laws. 6. Grantee shall maintain the confidentiality of any information regarding pa,rticipants or their immediate families which may be ob- tained through application forms, interviews, tests, reports from public agencies or counselors or any other source. Without the prior written consent of Office, such information shall be divulged by Grantee only as necessary for the performance or evaluation of this Agreement, and only to persons having responsibilities under this Agreement. 7e Office -has the right to observe and monitor all conditions and activities of the project under this Agreement and shall have rea— sonable access to and the right.to inspect the Project site. 8. This agreement is -subject to Title VI of the Civil Rights Act of 1964 and to the regulations issued under that Title. Any service, financial aid or other benefits to be provided under this Agreement shall be provided without discrimination to disadvantaged persons re- gArdless of race, color, creed, national origin, political affiliation or beliefs, handicaps, age or sex. Grantee shall submit such reports and records as required to insure compliance with this paragraph. a y the provisions 9.. The partle to this Agreement shall abi of the attached assurances attached hereto marked Exhibit "A" which are hereby incorporated herein by reference as though fully set out I herein. 10. This Agreement covers all participants enrolled in a Work Experience Training Project*at or on Grantee's work site, with no specified number of participants or job categories set during the term of thi,s Agreement. 11. This Agreement covers all participants enrolled in -a work experience project whether in a full or part-time capacit:;. 12. To be valid and binding, alterations or variations of the terms of this Agre�ement must be in writing, signed by the parties hereto. There are no -oral understandings or agreements not inc.orpor- ated herein. 13., Grantee shall pay participan ts hereunder the minimum wages required by Federal Law 14. Grantee shall pay all participant's wages to the -participant and submit a voucher therefor to Office for all costs incurred by the 5th working day of each month. No.costs for administrative purposes by Grantee may be billed. 15. Participants participating hereunder shall not by reason Ithereo - f be deemed t6.be emplqyees of.Office for any purpose, but rather . such participants shall be Grantee's employees for all purposes hereunder. 16- Grantee shall defend, indemnify and save harmless Office and its officesi agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action and judgments in - any way arising out.of arty act or failure to act by Grantee hereunder. .This indemnity does. not extend to claims of employees of Grantee whose remedy against Grantee as an employer is under Worker's Compensation law. 0 I � 17. Grante e shall add Office as an additional named insured to Grantee's public liability and property damdge insurance for- the pur- poses of this Agreement. 18. Employment of any individual or individuals under this Agree- ment may be terminated by Grantee at any time at Grantee's sole discretion. 19. This Agreement may be cancelled by either party in their sole discretion upon written notification ten days prior to such cancellation. IN WITNESS WHEREOF, this Agreement has been executed in duplicate by and on behalf of the parties hereto on the day and year first herein - above set forth. OFFICE GRANTEE _49nature .Hans Heilmann Chairman of the Board of Supervisors ..Courthouse Anhex, Room 217 San Luis Obispo, Ca. 93401 Te lephone: (805) 543-1550 It. APPROVED AS TO "i"' AND -LErAL EFFECT. -ROB9. .......... N. TAIT Distlict Ali#crlicY S, Isgrislo !�r... t Y... r"o L I r ..... 4 b)r Deputy District Attornev I Signature DALE C. MITCHELL Mayor Title 595 Harbor St., Morro Bay 93442 Address 772-2212 Telephone Municipal Corporation Type of Organization a 0 EXHIBIT "A" ASSURANCES A. The Grantee assures that: 1. It will comply with the requi,rements of CETA and with the regulations and policies promulgated thereunder; and 2. No person with responsibilities in the operation of any Program under this Agreement shall discriminate with respect to any Program client or any applicant -for participation in such Program because of race, creed, color, national origin, sex, political affili- ation or beliefs; and 3. It will comply with the provisions of the Hatch Act, if appli- cable, which limits the political candidacy of employees; and 4. *The Program under CETA does not involve political candidacy of employees; and S. Services and activities provided under this Agreement will be admi nistered by and under the supervision of the Grantee; and 6. Appropriate standards for health and safety in work and train- ing situations will be maintained; and Conditions of employment or training are appropriate and rea- sonable with regard:to the type of work, the geographical region and the proficiency of the applicant; and 8. Training and related services will, to the maximum extent prac- ticable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable pafticipants to become economically self-sufficient; and 9. The Program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual parti cipants; provided that it is expressly understood that there are no assurances of continued employment. RESOLUTION NO. 42-76 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 at the special municipal election consolidated with the State of California Direct Primary Election held on June 8, 1976, and the County Clerk has duly certified to this City Council the result of the votes cast at said election 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 l.The canvass and the result of said election as shown by said certification, attached hereto and by reference made a part hereof, 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 names of the persons voted for and the number of votes given each person are as set forth in said certification. Section 3. The total number of votes cast in the City at said special election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in said certification. Section 4. The City Council does declare and determine that LOIS A. ROWLAND was elected as a Member of the City Council for a term which expires March 14, 1978. Section 5. The City Clerk shall immediately make and, upon compliance by the person elected with the provisions of Section 11550 and Section 11559 of the Elections Code of the State of California, shall deliver to the person so elected a Certificate of Election signed by him and duly authenticated; that he shall also administer to the person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have that person subscribed thereto and file the same in his office. Whereupon, the person so elected shall be inducted into the office to which elected. On motion by Councilman Brown and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Pipitone and Mayor Mitchell NOES: None ABSENT: Councilman Shelton ADOPTED: June 28, 1976 AT EST: IL� 44.'tL. WARDEN, Citf-Clerk Z'e 242 a& C. MITCHELL, Mayor I 1 CERTIFICATE OF COUNTY CLERK 2 RESULT OF CANVASS OF ALL VOTES CAST FOR 3 'CITY OF MORRO'BAY 4 AT THE CONSOLIDATED STATE PRIMARY ELECTION .5 JUNE 89 1976 6 OFFICE OF COUNTY CLERK COUNTY OF SAN LUIS OBISPO ss. 7 STATE OF CALIFORNIA 8 1, MISBETH WOLLAM, County Clerk of the County of San Luis 9 Obispo, State of California, do hereby certify that pursuant to law, 10 1 did on the 10th day of June, 1976, commencing at the hour of 10:00 11 o'clock,.A.M., canvass the returns of the election held June 8, 1976 12 in said City of Morro Bay and that the total number of ballots cast 13 in,said city and the total number of votes cast for each candidate 14 is as follows, and the total shown for each candidate is true and 15 correct: 16 COUNCILMAN VOTE ABSENTEE TOTAL (Term expires March 14, 1978 AT POLLS VOTE VOTES 17 1 18 [WIS ROWLAND )910 122 1032 JESSE R. GAOIRAN 411 32 443 19 CARL J. WILLIAMS 277 33 310 20 JACK J. JENNINGS 452 44 496 21 22 OMAS R. HARMON 196 15 211' 23 DALE M. LUCAS 807 81 888 otal Ballots Cast: 3570 �053 1� � -1 3 24 Witness my hand and official seal this 22nd day.of June, 1976. 25 1 r 2; FTE OF CAIIFOR"�!A SS )UNTY OF SIAN LUIS OBISPO 2 rAI 11C �i � ISSETVI WOLW.'I, Vll� �:ci'- of the abov entitled 20 Ov 'ots HISBETH WOLLAM County Clerk L-A, 'A of iho 6.11:d of z...... iq ABSTRACT JUhE 8# 1 PkiSlUEhTIAL PRIMARY EL4CTION MORRO SAY CITY COUNCIC E R E v 0 C A 9 0 bM R A 1. a A A R Y a is L. A N 0 C 0 u L 0 9 R R 0 E 8 R A Y G A C 0 I I R V A N C a u 11. C 0 A R R R L 0 a j A �t Y I L C L I I T A V M S C 0 u N C L M j 0 A A C k K 0 . e i A Y N C N I I N T G 5 C a u N C L M 7 0 H R 0 A M 0 A a S A It Y H C A I R T M Y C N C 0 u N C L. M 0 G A R R a a A L V *.- C C A I S T Y C a u ft C L - , .--- - [CcSOLIDATED PCT 37 MSOLIGATED PCT 38 CONSCLIOATED PCT 39 709 506 114 134 31 59 44 23 LIZ 440 315 ---- 71 63 --- 31 9 83 673 438 136 62 29 55 29 Log CONSOLIDATEG PCT 40 CONSOLIOATED PCT 41 6a4 473 1668 IL3 33 al 9L 27 97 331 93 29 19 50 37 83 66WSG'L-IDATEO PC T 4'2- C 'P 481 331 Ica 24 26 40 20 94 N, SO I' 1' -0 A T E 0 CC T- 4-3 *P' -4-4- 566 —5 4L2 LOT 39 29 46 32 122 C-Qiscl.16ATEG' C T, 7-4 433 166 27 29 61 19 Lai ABSENTEE VCTES, 336 122 32 33 44 15 81 TOTAL 4600 3570 1032 443 310 496 211 sea 0 RESOLUTION NOo 41-76 RESOLUTION CALLING FOR,A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, California Vehicle Code Sections 22660 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 for the Fiscal Year 1976/77, and call for a contract with the Department of California Highway Patrol for participation in said Abandoned Vehicle Abatement Program. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the contract with the Department of the California Highway Patrol for participation in said Abandoned Vehicle Program. On motion by Councilman Brown ' and seconded by Councilman Shelton , 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 ATTEST: RDEN, City Cleirk DALE C. MITCHELL, Mayor RESOLUTION NO. 40-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW75-009-33 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 April 12, 1976, award a contract for Job No. PW75-009-33, Street Resurfacing Project, to Southern Pacific Milling Co., 3555 Vineyard Ave., Oxnard, California, 93030; 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 14th day of June, 1976, 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 Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll cal 1 vote: AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell NOES None ABSENT: None ADOPTED: June 14, 1976 -ATTEST: M. L. WARDEN, City Clerk CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of Street Resurfacing, Job No. PW75-009-33, by Southern Pacific Milling Company, 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: June 9, 1976 jel GEUKUX E. CHRISSAKIS City Engineer 0 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 a street resurfacing project in the City of Morro Bay, California, (Job No. PW75-009-33) , has been completed by Southern Pacific Milling Company and that said work was accepted as completed on June 14, 1976, by the Morro Bay City Council by the adoption of Resolution No. 40--76 dated . . June 14, 1976. z�z 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. 1 declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, of June, 1976. END OF DOCUMENI California.,- this'. .25th., .'day P Al� M. Ll./WARDEN..;Pi,ty--C.letk�-�- 30 0 0 RESOLUTION NO. 39-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR REPAINTING EXTERIORS OF TWO ELENA STREET WATER STORAGE TANKS AND ONE NUTMEG AVENUE WATER STORAGE TANK - JOB NO. PW75-013-36 T H E C I T Y C 0 U N C I L I City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on February 9, 1976 award a contract for Repainting the Exteriors Of Two Elena Street Water Storage Tanks and One Nutmeg Avenue Water Storage Tank, Job No. PW75-013-36, in the City of Morro Bay, California, to Clayton Company, 4041 1/2 Sepulveda Boulevard, Culver City, California, 90230; 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 14th day of June, 1976, 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 B3�own and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell NOES: None A13SENT: None ADOPTED: June 14, 1976 _-zo'd,&e'2�a '7�z ZX - /V DALE C. MIT(�HELL, Mayor I ATTEST: zu, M)IRRAYT. WARDEN, City Cle—r-R-- 0 0 CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of Repainting the Exteriors of Two Elena Street Water Storage Tanks and One Nutmeg Avenue Water Storage Tank, Job No. PW75-013-36 by Clayton Company, 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: June 9, 1976' GEORGE E. CHRISSAKIS City Engineer pf 0 0 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 Repainting the Exteriors of Two Elena Street Water Storage Tanks and One Nutmeg Avenue Water Storage Tank, Job No. PW75-013-36, in the City of Morro Bay, California has been completed by Clayton Company, and that said work was accepted as completed on June 14, 1976, by the Morro Bay City Council by the adoption of Resolution No. 39-76 dated June 14, 1976. 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 Country, 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,-.t4is-.25th day of June, 1976 ' yr M. WARDEN., . --�Cit -,C'Jerk -7, pf END OF DOCUMENT FVOL1906 PAu Zr 7 0 0 RESOLUTION NO. 38-76 RESOLUTION APPROVING AMENDMENT OF LEASE WITH BREBES MORRO BAY FISHERIES,.INC. FOR LEASE SITES NO. 11OW, 111W AND 112W T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by Brebes Morro Bay Fisheries to lease a southwesterly extension of Lease Sites No. 11OW, 111W, and 112W for the purposes of installing a float for providing dockage for boats; and WHEREAS, the area requested is identified -as Lease Site No. 111.5W consisting of 9,507 square feet and is identified on the City of Morro Bay Lease Site Maps adopted in November,�1974, Sheet six of thirteen as amended; and I WHEREAS, it is in the public interest that the approval of an amendment to the basic lease betweenBrebes Morro Bay Fisheries, Inc. and the City of Morro Bay as successor to the County of San Luis Obis'po be approved. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given to the Amendment to Lease for Lease Sites No. 11OW, 111W and 112W by, extending each such Lease Site southwesterly as identified by Lease Site No. 111.5W consisting of approximately 9,507 square feet; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 DALE C. MITCHELL, Mayd-r" ATTEST: — 16-- 1 - - �- -- - M.O'Y�-WARDEN, City Clerk AMENDMENT TO LEASE Lease Sites No. 11OW, 111W, and 112W It is hereby agreed by and between the City of Morro Bay, a municipal corporatione Lessor, and Brebes Morro Bay Fisheries, Inc., Lessee, that that certain lease entered into on the 30th day of December, 1975, between said City as Lessor and Brebes Morro Bay Fisheries, Inc., as Lessee, concerning Lease Sites No. 11OW, 111W, and 112W, is hereby amended in the following particulars only: 1. The description of the lease site shown on page two, Section 1 of the basic lease shall be amended by adding: '�That certain water area in the City of Morro Bay, County of San Luis Obispo, State of California, identified as Lease Site No. 111.5W and described as follows: Beginning at the intersection of the north line -of 9th Street (Surf Street) with a line bearing N. 53-45-W., 1370.11 feet as shown in the map of record of survey filed in Book 7 Record of Surveys at page 60, San Luis Obispo County records, said point of intersection being designated as "l" Pipe Found"; thence S. 360151W., along that certain line described as N. 36015' E., 190.66 feet more or less in a Quit- claim Deed from the County of San Luis Obispo to Pacific Gas and Electric Company recorded January 26, 1956 in volume 833 official Records, page 525, San Luis Obispo County records, a distance of 228.00 feet to the true point of beginning; thence continuing S. 36-15-W., 19.00 feet; thence S. 530451E., 21.00 feet; thence S. 36015'W., 50.00 feet; thence S. 53'45' E., 132.00 feet; thence N. 36015' E., 69.00 feet; thence N. 53045'W., 153.00 feet to the true point of beginning; consisting of-9,507 square feet extending, more or less, in a southwesterly direction from Lease Sites No. 11OW, 111W, and 112W as shown on City of Morro Bay Drawing No. 10-16 dated 4-24-69 as revised and attached hereto as Exhibit A dated 3-4-76." 2. It is hereby agreed and understood that the value of the 9,507 square feet, more or less, of water identified as Lease Site No. 111.5w shall be established at $1.00 per square foot and that in all other particulars, the computation of the additional annual rental shall be as contained in the basic lease of November 1, 1972. 3. Each and all of the other terms, provisions and conditions of sai d lease, except as expressly modified above, remain in full fcrce and effect. Amendment to Lease Lease Sites No. 11OW,.111W, and 112W Page Two This amendment to lease of real property is authorized by Resolution No. 38-76 of the City of Morro Bay City Council dated June 14, 1976. DATED: June 22, 1976 DALE C. MITCHELL, Mayor ATTEST: M./I/IWARDEN, City Clerk FRANK BES, Presi ent RAY�A.A'Mar' Secretary 4 RESOLUTION NO. 37-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE T H E C I T Y GO 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 Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 ATTEST: MURFJ�Y L.,WARDEN, City Clerk 22 DALE C. MITCHELL, Mayor� I 'r 1 2 3 4 ;A 51 9 10 11 12 13 14 -15 16 17 18 19 20 .-211 221 24 25 26 27 2111 29 30 311 32 I USE PERMIT AGREPEMENT The City of Morro Bay, a municipal corporation of the State oftCalifornia (hereinafter,called CITY) hereby grants to Morro Bay Chamber of Commerce I I (hereinafter called PERIMITTEE) 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: Lila H. Keiser Park (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 8:00 and 6:00 p,m� —on Sunday, July 4, 1976. 2. PERMITTEE shall use SAID PROPERTY.for the purpose of, old fashioned Fourth'of July activities.. and ...for. no --other purr)ose.. _PERMITTEE may _di splay .-such exhibits .,on SAID PROPERTY as PERMITTEE deems�necessary.for such_purpose, pro- vided however, that all rules, regulations, resolutions, and ordinances of the City of Morro Bay . or any department thereof, including -by-waY, of -illulstratlion-�but not-l-imit t.. a ionj safety orders,.r.ules, regulations,tor 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 facilitie's constructed or erected -on SAID PROPERTY by PERMITTEE. At the expiration of�this Use Permit Agreement, PERMITTEE shall surrender SAID PROPERTy to CITY -in a* uood. I condition as it was when it was originally received by PERMITTEE, 2 r�asonable wear excepted. 3 4.a This Use Permit Agreement is.granted to PERKITTEE upon 4 the express condition that PERMITTEE shall keep and hold CITY free 5 from all liability, expense, and claim for damages by reason of any 6 injury or death to any person or persons, including PERMITTEE, or 7 property of any kind whatsoever and to whomsoever belonging, 8 including PERMITTEE, from any cause or causes whatsoever during the 9 term of this Use Permit Agreement or any extension thereof or any .10 occupancy or use hereunder; PERMITTEE hereby covenanting and 11 agreeing to indemnify and save CITY.harmless from all liability, 12 loss, cost, and obligations on account of or arising out of any 13 such injuries or losses howsoever occurring. 14 4.b PERMITTEE a.grees to take out and keep in force during the '5 life hereof,'at PERMITTEE'S expense, liability insurance to protect 16 against any liability to any person or persons, including PERMITTEE, 17 resulting from any occurrence in or about or incident to SAID is PROPERTY.and appurtenant areas i n L 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 corporations as may be,designated by CITY. If PERMITTEE 24 does not keep such insurance in full force and effect, this Use 25 1 Permit Agreement may be immediately terminated. PERMITTEE shall 2611 provide City with copies and certificates of all of said policies 2711 including endorsements which state that such insurance shall not be ?-V 29 30 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. 3111 4.c Any insurance policy insuring PERMITTEE against claims, 32� expense, or liability for injury or death to person or property in -2- I about SAID PROPERTY all provide that the sh. insurer shall not 2 .11or acquire by subrogation any right of recovery which PERMITTEE has a expressly waived in writing prior to the occurrence of the loss. 4 PERMITTEE hereby 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-, in- 7 cluding by way.of illustration but not-1imitation, electricity, S 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 11 at all reasonable hours to examine the same or to make such repair 12 or temporary alterations as CITY shall, in its sole discretion, 13 14. 15 16 17 18 19 20 21 ir* 22 23 24 25 26 04i 28 29 30 31 32 CITY OF MORRO BAY ted:S�&� i�X3, 11741 0 Mayor I BOB, Date . ...... I -3- RESOLUTION NO. 36-76 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 by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pioitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 - 10, aj- (:,-o � - Z z"! 7 f` d--0- ft-LE C. MITCHELL, Mayor ATTEST: Z��4 �- MURP-W L. PARDEN, City Clerk I N 3' 4 5 6 7 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 VV 27 28 29 30 31 32 USE PERMIT AGREEMENn' N . 1 � 0 20 �=REAS, Morro Dunes Trailer Park and Campground, Inc., a Califo--nia corporation, hereinafter referred to as MORRO DUNES, iE the te7--ant of the City of Morro Bay, a municipal corporation, here inafte= referred to as CITY, pursuant to lease of April 1, 1967, concerm—ing certain real property containing approximately five (5) acres _'ocated in the vicinity of 67thand "C" Streets in said Cit� and W3EREAS, MORRO DUNES desires to obtain a renewable Use Permi from CITTY for the land hereafter described: N(0;1, THEREFORE, for valuable consideration, as herein set forth, CITY hereby grants to MORRO DUNES the right to use, on each of the terms and conditions herein set forth, including pay- ment c_f rentals, that certain property located within the City limits of CITY, and further described as follows:, All that property in the City of Morro Bay, County of San Luis Obispo, State of California lying northerly of the center line of 67th Street and its westerly projection as shown on Map of Atascadero Beach filed in Book of Maps, at page 15, in the office of the County Recorder of said county, described as follows: Beginning'at a point at the intersection of the westerly projection of the center line of 67th Street with the southeasterly side of Atascadero Road, thence north 810121 east to a point 112 feet easterly of the center line of "C" Street, thence north 80281-west 160 feet more or less to a point on the south- easterly side of Atascadero Road, thence along the southeasterly side of Atascadero Road 304 feet,more or less to the point of beginning I- The term of this Use Permit Agreement shall be from July L. 1976 to.and including June 30, 1977. 1 1 7- As consideration for the rights and privileges aranted to MOF_RO DUNES hereto, MORRO DUNES shall pay to CITY the sum:of Four azmdred Dollars ($400.00) during the term of this Agreement. :rhe s= of Two Hundred Dollars ($200.00) shall be due and payable on july 1, 1976 and the sum of 'Two 14.uncircd Dollars ($200.00) I 6 0 -2- I be due and payable on January 1, 1977. In addition, the 2 11shall gross receipts from the rental derived from these premises shall 3 subject to the seven and one-half percent (7 1/2%) percentage 4 11be rent payment described in paragraph two of the lease dated April 1 5 1967 between Central Coast Investors and the City of Morro Bay. 6 3. 14ORRO DUNES shall use the premises for the follo-wing 7 purposes and no other: storage of travel trailers, mobile homes, 8 11boats, boat trailers, or campers customarily affixed to a pickup 9 truck. None of such vehicles is to be occupied. 10 4. This permit may be terminated by CITY at any �ime at its 11 option and without any liability to MORRO DUNES, on a date selecte 12 by CITY no sooner than ten (10) days after written notice is maille 13 to MORRO DUNES. On or before said d ate, MORRO DUNES shall peace- 14 fully surrender possession to CITY. All property left on the pre- 15 mises.subsequent to the termination of this agreement shall auto- 16 matically become the property of CITY. 17 5. MORRO DUNES shall keep the premises in good repair and 18 shall surrender the premises to CITY at the expiration or termina- 19 tion of this Agreement in as good condition as it was when it was, 20 originally received by MORRO DUNES from CITY. The premises shall 21 not be altered or changed in any way by MORRO DUNES without the 22 prior written approval of CITY; except, however, MORRO DUNES may 23 surface a portion of the premises with red rock or any similar 24 material. Such surface shall be maintained in a reasonably dust- 25 free condition. 26 6a. This agreement is granted to MORRO DUNES upon the expres 27 condition that'MORRO DUNES shall keep and hold CITY free from all 23 liability, expense, and claim for damages by reason of any injury 29 lor death to any person or persons, including MORRO DUNES, or pro 30 1perty of any kinid whatsoever and to whomsoever belonging, includin 31 MORRO DUNES, from any cause or causes whatsoever'during the term 32 of this Agreement or any extension thereof or any occupancy or use 0 -3- I I 11hereunder; MORRO DUNES hereby covenanting and agreeing to 2 [land save CITY harmless from all liability, loss, cost, and obliga- 3 tions on account of or arising out of any such injuries or -losses 4 howsoever occurring. 5 11 6b. MORRO DUNES agrees to take out and keep in force during 6 lithe life hereof at MORRO DUNES' expense, liability insurance to 7 11protect against any liability to any person or persons, including 8 JIMORRO DUNES, resulting from any occurrence in or about or With 9 11respect to the premises and r . elated areas in the amount of Five. 10 Hundred Thousand Dollars ($500,000) against the claim of one (i) 11 or more persons for injury to person with respect to each occurr 12 liand One Hundred Thousand Dollars ($100,000) against the claim of 13 11one (1) or more persons for property damage with respect to each 14 occurrence. Said policies shall insure the liability of MORRO 15 JIDUNES and the liability, contingent or otherwise, of CITY and such 16 lJother persons, firms, or corporations as may be designated by CITY 17 IlIf MORRO DUNES does not keep such insurance in full force and 18 lleffect, CITY may take out the necessary insurance and pay the 19 .11premiums and the repayment thereof shall be paid by 14ORRO DUNES on 20 lithe first day of the following month, or in the sole discretion of 21 CITY, this agreement may be immediately terminated. MORRO DUNES 22 shall provide CITY with copies or certificates of all of said 1 23 policies, including endorsements which state that such insurance 24 s . hall not be cancelled except after ten (10) days prior written 25 notice to CITY. Each such policy shall be subject to the approval 26 as to form and insurance company by CITY. 27 6c. Each insurance -policy insuring MORRO DUNES against claim 28 expense, or liabilit)e for injury to person or property or for 29 business interruption shall provide that the insurer shall not 30 acquire by subrogation any right of recovery which MORRO DUNES has 31 expressly waived in writing- prior to occurrence of the loss. 'JJ IMORRO DUNES hereby waives any right of recovery against CITY for f 0 -4- --,' 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22. 23 24 25 26 27 28 29 30 31 32 each such claim, expense, liability, or business interruption. 7. MORRO DUNES shall pay all charges for all utilities, including but not by way of limitation, electricity, gas, water, and telephone which are used on or about the premises during the term of this agreement. 8. It is mutually understood that an outfall sewer line from the -Morro Bay-Cayucos Wastewater Treatment Plant is located under said property. CITY is given the privilege of right of entry to its agents and employees a t any time to inspect, maintain repair, and replace said outfalll - ine and appurtenances. In the event of an emergency to said outfall line, CITY is given the privilege of recapturing all of the above described property, sub j ect to this Use Peridit; and making any necessary repairs or replacements CITY deems necessary or desirable. In the event of such immediate entry, for said purposes, CITY may terminate this Use Permit; and in such event only, any unearned rental shall be promptly refunded by CITY to MORRO DUNES. 10. MORRO DUNES shall reimburse CITY for any and all attorney's fees and expenses incurred by CITY in enforcing, per- fecting, or protecting CITY's rights under this Agreement.. Dated this day of rL. il'-IARDEN, City ClE CITY OF MORRO BAY, a municipal corporation BY: DALE C. MITCHELL,' Mayor MOR.T10 DUNES TRAILER PARK AND CA24PGRO D INC., a California -7/1 cornora-eion : �bwre RESOLUTION NO. 35-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that that certain document entitled "Use Permit Agreement No. 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 by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 , Z 0Aze e DALE C. MITCHELL; Mayor ATTEST: M Y L./WARDEN, City ClerF— 0 0 USE PERMIT AGREEMENT NO. 115 2 WHEREAS, Morro Dunes Trailer Park and Campground, Inc.., a 3 California corporation, hereinafter referred to as MORRO'DUNES, is 4 the tenant of the City of Morro Bay, a municipal corporation, here 5 inafter referred to as CITY, pursuant to lease of April 1, 1967, 6 concerning certain real property containing approximately five (5) 7. 'acres'located in the vicinity of 67th.and "C" Streets in said City 8 and 9 WHEREAS, MORRO DUNES desires to obtain a renewable Use Permi 10 from CITY for the land hereafter described: 11 NOW, THEREFORE, for valuiable consideration, as herein set 12 forth, CITY hereby grants to-MORRO DUNES the rights to use on 13 each of the terms and.conditions herein set forth, including pay- 14 ment of rentals, that certain property located within the City 15 Ilimits of CITY, and further described as follows: 16 All that real property in the City of Morro Bay, County of San Luis Obispo, State of 17 California, lying easterly of the center line of "C" Street as shown on the map of Atascadero 18 Beach filed in Book 2 of Maps, at page 15, in the office of the County Recorder of said 19 County, described as follcws: 20. Beginning at the point of intersection of the center line oi "C" Street and 67th Street 21 as shown on said map, thence North 81012' East 136 feet; thence South 8*481 East 164 22 feet; thence South 81*12' West 136 feet; thence North 8048' West 164 feet to the true point of 23 beginning. Said property is delineated on Drawing No. 1001 dated February 23, 1967, 24 a copy of which is attached hereto and marked Exhibit "A" and by this reference made a part 25 hereof. 26 .1. The term of this Use Permit Agreement shall be from 27 July.1, 1976 to and including June 30, 1977. 28 2. As consideration for t he rights and privileges granted 29 to MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum of 30 lFour Hundred Dollars ($A00. 00) during the term of this agreement-. 31 The sum of Two Hundred Dollars ($200.00) shall be due and payable 32 on July 1, 1976 and the sum of Two Hundred Dollars (�200.00) shall 0 -2- 11 1 11be due and payable on January 1, 1977, 2 3. MORRO DUNES shall use the premises for the following purposes and no others: The storage of travel trailers, mobile 4 homes, boats, boat trailers, or campers customarily affixed to a 5 pickup truck, none of such vehicles is to be occupied. 6 4. This permit may be terminated by CITY at any time at its 7 option and without any liability to MORRO DUNES, on a date selectei 8 by CITY no sooner than ten (10) days after written notice is mailel 9 to MORRO DUNES. On or before said date, MORRO DUNES shall peace- 10 fully surrender possession to CITY. All property left on the 11 premises subsequent to the termination of this agreement shall 12 automatically become the property of CITY. 13 S. MORRO DUNES shall keep the premises in good repair and 14 shall surrender the premises to CITY at the expiration or termina- 15 Ition of this agreement in as goo'd condition as it was when it was 16 originally received by MORRO DUNES from CITY.' The premises shall I 17 not be altered or changed in any way by MORRO DUNES without the 18 prior written approval of CITY; except, however, MORR 0 DUNES may 19 surface a portion of the premises with red rock or any similar 20 material. Such surface shall be maintainedin a reasonably dust- 21 free condition. 22 6a. This agreement is granted to MORRO DUNES upon the expresE 23 condition that MORRO DUNES shall keep and -hold CITY free from all 24 liability, expense, and claim for damages by reason of any injury 25 or death to any person or persons, including MORRO DUNES, or pro- 26 Perty of any kind whatsoever and to whomsoever belonging, includinc 27 MORRO DUNES, from any cause of causes whatsoever during the term of 29 this agreement or any extension thereof or any occupancy or use 29 hereunder; MORRO DUNES hereby covenanting and agreeing to indemnify 30 and save CITY harmless from all liability, loss, cost, and obliga- 31 tions on account of or arising out of any such injuries or losses 32 howsoever occurring. I .6b. MORRO DUNES agrees to take out and keep in force during 2 the life hereof at MORRO DUNES' expense, liability insurance to 3 protect against any liability to any person or persons, including 4 MORRO DUNES, resulting from any occurrence in or about or with 5 respect to the premises and related areas in the a mount of $500,00 6 against the claim of one (1) or more persons for injury to person 7 with respect to each occurrence and $100,000 against the claim of 8 one (1) or more persons for property damage with respect to each 9 occurrence. Said policies shall insure the liability of MORRO 10 DUNES and the liability, contingent or otherwise, of CITY and such 11 other -persons, firms or corporations as may be designated by CITY. 12 If MORRO DUNES does not keep such insurance in full force and 13 effect, CITY may take out the necessary insurance and pay the pre- 14 miums and th.e repayment thereof shall be paid by MORRO DUNES on 15 the first day of the following month, or in the sole discretion of 16 CITY, this agreement may be immediately terminated. MORRO DUNES 17 shall provide CITY with copies or certificates of all of said Ig policies, including endorsements which,state that such insurance 19 shall not be cancelled except after ten (10) days prior written �20 notice to CITY. Each such policy shall be subject to the approval 21 as to form and insurance company by CITY. -22 6c. Each insurance policy insuring MORRO DUNES against claim 23 expense, or liability for injury to person or property or for .24 business interruptioh shall provide that the insurer shall not .25 'acquire by -subrogation any right of recovery which MORRO DUNES has 16 expressly.waived in writing prior to the occurrence of the loss. 27 MORRO DUNES h'ei�eby waives any right of recovery against CITY for 28 each such claim, expense, liability, or business interruption. 29 7. MORRO DUNES shall pay all charges for all utilities, 30 including but not by wav of linitation; electricity, gas, water, 31 and telephone which are used on or about the premises during the 32 term of this agreeme nt. r r 1 4 0 -4- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 31 32 8. CITY,shall have the right to enter the premises at all reasonable hours to examine the same or to make such repairs or alterations as CITY shall, in its sole discretion, desire. 9. MORRO DUNES shall reimburse CITY for any and all attorne) fees and expenses incurred by CITY in enforcing, perfecting, or protecting CITY's rights under this agreement. .Dated this day of TTEST: 1W WARDEN, CITY OF MORRO BAY, a municipal corporation loa�&6, ?-A, 'Ke7W c 0/ f-y' DALE C. MITCHELL, Mayor MORRO-DUNES TRAILER PARK AND CAMPGROUND, INC., a California corporation I s I 0 0 RESOLUTION NO. 34-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD JULY 1, 1976 THROUGH SEPTEMBER 30, 1976 T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay does hereby approve Lease #DOT-CG12-4532 dated July 1, 1974i by and between the City of Morro Bay and the United States Coast Guard for the use of approximately 100 feet of dock space on the westerly side of the City "T" pier at Morro Bay, California, for the period July 1, 1976 to and including September 30, 1976; 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 Brown and seconded by Councilman Shelton 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 DALE C. MITCHELL, Mayor ATTEST: AKe�-Ielr'4 M.-L. WARDEN, City Clerk 6 0 RESOLUTION NO. 33-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD JULY 1, 1976 THROUGH SEPTEMBER 30, 1976 T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay 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 northtrn 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, 1976 to and including September 30, 1976; 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 by Councilman Brown and seconded by Councilman Shelton . 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 14, 1976 10k,&-rr 2X, ' -AL10 DALE C. MITCHELL, Mayor---r ATTEST: t"41� M. I;. WARDEN, Cit; Clerk 0 0 'RESOLUTION NO. 32-76 RESOLUTION ADOPTING THE FIA FLOOD HAZARD BOUNDARY MAP 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 adopted Resolution No. 80-73 on December 10, 1973, stipulating interim building permit procedures relative to the Federal Flood Insurance Act of 1968; and WHEREAS, the special flood hazard areas of the City of Morro Bay have been defined as those areas designated upon a map entitled "FIA flood Hazard Boundary Map" promulgated by the Department of Housing and Urban Development, Federal Insurance Administration for the City of Morro Bay, bearing the following map index designation: FIA Flood Hazard Boundary Map No. H-01-04 Community No. 060307A Revision Date: December 5, 1975 A copy of which map is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the aforesaid map is incorporated herein by reference and made a part hereof and is officially adopted. On motion by Councilman Brown and seconded by Councilman Pi ' pitone I the Morro Bay City Council hereby adopts the fore- going resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell NOES: None ABSENT: None ADOPTED: May 10, 1976 ATTEST: M/�� WARDEN, City C­17('�� 2 f-DALE C. MITCHELL,' Mayor 6. - 0 RESOLUTION NO. 31-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 37W FROM FRANCIS N. MACRI, BEVERLY H. MACRI, AND MICHAEL D. RADON TO PAUL K. MEYER AND ALFRED T. MEYER T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by Francis N. Macri, Beverly H. Macri, and Michael D. Radon to transfer the leasehold interest in Lease Site No. 37W to Paul K. Meyer and Alfred T. Meyer 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 lessees 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 Francis N. Macri, Beverly H. Macri, and Michael D. Radon of the leasehold interest in Lease Site..No. 37W to Paul K. Meyer and Alfred T. Meyer; 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 Brown 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: May 10, 1976 ATTEST: Ae- w- - - Mury,L/'WARDEN, City'Clerk Z- DALE C. MITCHELL, Mayor ASSUMPTION AGREEMENT Lease Site No. 37W Lease executed January 13, 1964 Paul K. Meyer and Alfred T. Meyer, assignees, accept the aforesaid assignment of lease from Francis N. Macri, Beverly H. Macri, and Michael D. Radon, and hereby agree with the assignors and with the City of Morro Bay, a municipal corp- oration, to be bound by all of the terms and conditions of the lease and to assume all of the obligations of the lessee in the aforesaid lease, including payment of rent at the time and in the manner as therein set forth. Assignees acknowledge the title to the lease premises is in the State of California and the City of Morro Bay as suc- cessor trustee of said land and agree not to contest saia title. Assignees rely solely on their individual determination of assigpors right to assign and on their individual determination of the existence of any claims or liens against said lease and acknowledere and understand that City is not responsible for or connected with such rights or claims except the City's interest and rights lease site. STATE OF CALIFORNIA County o f tz? to the extent of as Lessor and trustee of the a� e? X. MEYER AVF3E� T. MEYER V On �//, 1, / -2 9 before me, the undersigned, a Notary Public in andyor said state, personally appeared Paul K. Meyer and Alfred 'T. Meyer, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal., L_-L- L � U-_� Y/__� & 9-ig-rilature DONALD W. WELL NOTARY PUBLIC - CALIFORNIA BOND FILED IN KERN COUNTY. ISSION EXPIRES FEB. 3, 1980 ASSIGNMENT OF LEASE AGREEMENT FRANCIS N. MACRI, BEVERLY H. MACRI, AND MICHAEL D. RADON hereby assign to Paul K. Meyer and Alfred T. Meyer, all the right, title and interest,in and to that certain lease dated January 13, 1964, by and between the County of San Luis Obispo, a,political subdivision, and the City of Morro Bay, a municipal corporation, as successor in interest; concerning that certain tide and submerged lands lease site known as Lease Site No. 37W, said lease being more particularly described on Page 1 of that certain Lease between the County of San Luis Obispo and Wesley E. Mallery. The term of said lease is fifteen (15) years com- mencing January 1, 1964, and expiring without notice on December 31, 1978; Reference is made to said lease, a copy of which is attached to the original of this Assignment of Lease Agreement and Assump- tion Agreement for further particulars. i This assignment is conditional upon each of the following: 1. Approval of the City of Morro Bay of this lease assignment. Such approval is to be evidenced by certified copy of the resolution of the city of Morro Bay granting this consent; and 2. The execution of the Assumption Agreement attached hereto. Dated this day of 1976. 9 _fRANCIS N. MACRI L % A', BEVERLY Ey/MACRI --2r--eL_q( 5) MICHAEL D. RADON - RESOLUTION NO. 30-76 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES ON LEASE SITES NO. 71, 72, 71W AND 72W, - MITCHELL T H E C I T Y C 0 U N C I L City of Morro Bay,,California WHEREAS, it is mutually agreed between the City Council of the City of Morro Bay and Dale C. and Kay K. Mitchell, holders of leasehold interest in Lease Sites No. 71, 72, 71W, and 72W, that an additional use be added to the permitted uses on said lease site as follows: "operation of sport fishing and commercial fishing boats" and; WHEREAS, the present permitted uses on said lease site are as follows: I "Pottery and gift shop, rental of boat slips, and residence for lessee-.` NOW, THEREFORE, BE IT RESOLVED that the permitted use "operation of sport fishing and commercial fishing boats" be added to the list of permitted uses on Lease Sites No. 71, 72, 71W, and 72W. on motion by Councilman Brown and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts the fore- going resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, ABSTAIN: Mayor Mitchell NOES: None ABSENT: None ADOPTED: May 10, 1976 Pipitone, and Shelton DALE C. MITCHELL, Mayor ATTEST: WARDEN, City k FAV� RESOLUTION NO. 29-76 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 0 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 1976/77, dated April 26, 1976, 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 behalf of the City of Morro Bay; 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 Pipitone and seconded by Councilman 13ro,.Nin , 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 Brovin, Pipitone, Shelton and 1-1-ayor Mitchell NOES: None ABSENT: None ADOPTED: April 26, 1976 DALE C. MITCHELL, Mayor ATTEST: M U RNI A Y WARDEN, City Clerl�— RESOLUTION NO. 28-76 RE50LUTION APPROVING AGREEMENT WITH THE DEPART14ENT OF TRANSPORTATION FOR THE INSTALLATION OF A TRAFFIC C014TROL SIGNAL SYSTEM AND SAFETY LIGHTING AT THE INTERSECTION OF SAN JACINTO AND STATE HIGHWAY ROUTE 001 T-H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, there have been numerous traffic accidents at the intersection of San Jacinto and State Highway Route-*.l;--&nd WHEREAS, it is in the interest of the public safety and general welfare to install a traffic signal at this intersection; and WHEREAS, the Department of Transportation, State of California, has indicated a willingness to install a traffic control signal; and WHEREAS, the Department of Transportation and the City of Morro Bay will share in the costs of such installation on a 50-50 basis. NOW, THEREFORE, BE IT RESOLVED,that the agreement by and between the City of Morro Bay and the Department of Transportation, State of California, 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. on motion by Councilman Brown 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT. None ADOPTED: April 26, 1976 DALE C. MITCHELL, Mayor ATTEST: A. /" �,� RUrY L/WARDEN, City Clerk 0 0 05-SLO-001-30-7/31.5 05351 - 241601 SHR 001 & San Jacinto. District Agreement No. 76-11 THIS AGREEMENT9 MADE AND ENTERED INTO THIS' DAY OF 19 �76' BY AND BETWEEN CITY OF MORRO BAY, a body politic and a municipal corporation of the State of California. hereinafter referred .to as "CITY$@ I -STATE OF CALIFORNIA acting by and through Its Business and Transportation Agency. Department of Transportation hereinafter referred to as "STATE" I I , 0 0 WHEREAS, STATE and CITY contemplate Installation of traffic control signal system and safety lighting at the Inter- section of San Jacinto with State Highway Route 001 all of which Is situated within the CITY of Morro Bay, and desire to specify herein the terms and conditions under which said system is to be installed, financed and mal'ntalned. NOW, THEREFORE, In consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: (1) To Install the traffic control signal system and safety lighting hereinbefore mentioned. through construction by contract with construction contractor licensed by the State of California, said contract to be carried out In accordance with provisions of the State Contract Act, Chapter 3. Part 5. Division 3. Title 2 of the Government Code, and work completed In conformity with plans and specifications of STATE. (2) To prepare plans and specifications and provide all! necessary construction engi-neering services for the above rie`ntllbned contract. (3) To bear STATE's proportionate share of the expense of preparation of plans and specifications and construction enginee Ing (including all direct and Indi-rect costs [functional an4 addInIstrative overhead assessment] attributable to such work, ap Ilail �Illn accordance with STATE's stand . ard accounting procedures) and construction costs required -to complete the Installation refe,�red to herein, such share to be a sum bearing the same prijportlon to the total cost of the above mentioned construction, I a I construction engineering and plans and specifications as the number of legs of highways under jurisdiction of STATE at the Intersection Involved bears to the total number of legs of highways at such Intersection. (4) To maintain and operate the entire traffic control signal system and safety lighting as Installed. SECTION I I CITY AGREES: (1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded Immediately following STATE's bid advertising date of a construction contract for the aforesaid Installation), the amount of $62,100.00, which figure represents CITY's estimated share of the expense of preparation of plans and specifications, construction engineering. and construction costs required to complete the Installation referred to herein. The actual amount of CITY's share of the expense of preparation of plans and specifications and construction engineering (including all direct and Indirect costs [functional and administrative overhead assessment). attributable to such work. applied In accordance with STATE's standard accounting procedures) and construction costs will be determined after completion of work and a financial settlement made upon final accounting of costs. Said share will be a sum bearing the same proportion to the total cost of the above mentioned construction. construction engineering and preparation of plans and specifications as the number of legs of highways under jurisdiction of CITY at the Intersection Involved bears to the total number of legs of highways at such Intersection. (2) To pay Its pro rate share, as set out hereinaboVe In Section 11, Article (1). of all monies actually expanded, In the event that construction of the traffic control signal system and safety lighting Is terminated or delayed for a period of one year or more for any reason: whatsoever. (3) To reimburse STATE for CITY's proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be determined In the manner provided in that Agreement for Maintenance of State Highways within the CITY which Is In effect at the time said costs are Incurred,* or If no such agreement exists, such share to be a sum bearing the same proportion, to the total cost of maintenance and operation of said traffic control signal system and safety lighting as the number.of legs of highways under jurisdiction of the CITY bears to the total number of legs of highway at such Intersections. SECTION 1-11 IT IS MUTUALLY UNDERSTOOD AND AGREED (1) That obligations of.STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. (2) STATE shall not award a contract for the work unless and until receipt of CITY's deposit required In Section 11 (1). n (3) That the expense of preparation of plans and specifications, as specified In Section 11, Article 1. shall be the same percentage that CITY's actual final construction cost bears to the actual final construction cost of the Installation. (4) That the cost of construction engl*nearing shall be the same percentage that CITY's actual final construction cost .bears to the actual final construction cost of the Installation. (5) That neither STATE nor any officer or employee thereof shall.be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or In connection with any work, authority or jurisdiction delegated' to CITY under this Agreement. It Is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully Indemnify and hold STATE harmless from any liability Imposed for Injury (as defined by Government Code Section $10.8) occurring by reason of anything done or omitted to be done by CITY under I or In connection with any work. authority or jurisdiction delegated to CITY under this Agreement. (6) That neither CITY nor any officer or employee thereof, Is responsible for any damage or liability occurring by.reason of anything done or omitted to be done by STATE under or. In connection with any work. authority or Jurls- diction not delegated to CITY under this Agreement. It Is also undirstood and agreed that, pursuant to Government Code Section 895.4. STATE shall fully Indemnify and hold CITY harmless from any liability Imposed for Injury (as defined by Government Code Section 810.8) occurring by reason of 0 anything done or emitted to be done by STATE under.or In connection with any workq authority or jurlsdict-lon not delegated to CITY under this Agreement. (7) That, should any portion of the project be i1nanced with Federal Funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorlzedg the provisions -of which Agreement are effective as of the day, month and year first herainabove written. STATE OF CALIFORNIA CITY OF MORRO BAY Department of Transportation ADRIANA GIANTURCO Director of Transportation �7 By ez�j- -trict Dfrprtor-/of- Transportation By Mayor Attest: C-�ty Cferk � I I Approved as,to Form and Procedure: n-7 �91 y Attorney I 0 4� RESOLUTION NO. 27-76 RESOLUTION COMMENDING THE MORRO BAY, HIGH SCHOOL PIRATES BASKETBALL TEAM ' T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay High School Pirates Basketball Team has won the California interscholastic Federation, Southern Section I -A Division Championship for the first time in the history of Morro Bay High School Basketball; and WHEREAS, the Morro Bay High School Pirates won the Los Padres Athletic League Basketball Championship with twelve wins and no losses, this being the first time any team has accom- plished t�is feat; and WHEREAS, the Morro Bay High School Pirates have a total season record of twenty-six wins with only two losses and experienced no defeats since January 31, 1975; and WHEREAS, the Morro Bay High School Pirates, by their dedication to the highest standards of sportsmanship and athletic performance, have brought credit and recognition to Morro Bay High School and the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby congratulate and commend the following members of the Morro Bay High School Pirates for their out- standing achievements: Jack Rodda Robin Brown Dave McCracken Shawn Kuhn Mark Pytko Jack Wheeler Joe Poe Dan Rogers, Stanley Craig Jim Hayes Jerry Leetham Chris Wheeler Mike Wells Mitch Panek Jeff Riley Coach Sal Cardinale Managers Harlan Schellenger and Ron Geiger On motion by Councilman Brown, and seconded by Councilman Pioitone , the City Council of the City of Morro Bay hereby adop-ts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Shelton and Mavor Mitchell NOES: None ABSENT: None ADOPTED: April 26, 1976 ATTEST: Al /ow 14 MU ,ARAY,�C- WARDEN, City CT_e_rF_ zpa_& (I 27?c�ee�w DALE C. MITCHELL, Mayor RESOLUTION NO. 26-76 1 RESOLUTION AND ORDER ABANDONING A PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH T H E C I T Y C 0 U N C I L City of Morro Bay, California I WHEREAS, the City Council of the City of Morro Bay finds that a portion of an existing public utility easement in Block 8B of Atascadero Beach and more fully described in Exhibit A attached hereto and by reference made a part,hereof is unnecessary for present or prospective street or public utility purposes; and I WHEREAS, the City Council of the City of Morro Bay has determined that notice of public hearing has been published once each week for two successive weeks in the Sun -Bulletin; and WHEREAS, the City Council of the City of Morro Bay has determined that notices of intention to vacate said easement have been posted along said easement at intervals of 300 feet at least 10 days prior to the hearing. NOW, THEREFORE, IT IS RESOLVED AND ORDERED that the City of Morro Bay hereby vacates and abandons its interest in such portions of Block 8B, Atascadero Beach described in Exhibit A, and that the City Clerk be and is hereby directed"to record this resolution in the Office of the County Recorder of the County of San Luis Obispo. On motion by Councilman Brown, and seconded by Councilman Shelton, the Morro Bay City Council hereby adopts in its entirety the foregoing proposed res6lution on the following roll call vote: AYES: Councilmen Brown, Pi.pitone, Shelton zinc! M,7.iyc)r ',litchell NOES: None ABSENT: None ADOPTED. April 12, 1976 DALE C. MITCHELL, Mayor ATTEST: M./L'/WARDEN, City Clerk EXHIBIT "A" VACATION OF PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH DESCRIPTION A por-tion of Block 8B, Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: A strip of land five (5.00) feet in width along the following described centerline: Beginning at a point on the line between Lots 2 and 4, said point being 2.50 feet northwest of the most southerly corner of Lot 4; thence northwesterly, along the southwesterly line of Lot 4, to the southeasterly right-of-way line of Yerba Buena Street (formerly Fourth Street), said point being the end of the described centerline. I Also, a strip of land five (5.00) feet in width along the following described centerline: Beginning at a point on the line between Lots 1 and 15, said point being twenty-two and five -tenths (22.50) feet southeasterly from the most westerly corner of Lot 15; thence southeasterly along the southwesterly line of Lot 15, to the northwesterly right-of-way line of Whidbey Street (formerly Fifth Street), said point being the end of the described centerline. RESOLUTION NO. 25-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL 1855 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 Firefighters 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 Agreement for and on behalf of the City of Morro Bay. on motion by Councilman Brown 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, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 12, 1976 DALE C. MITCHELL, Mayor ATTEST: MU 1XRAY L/ WARDEN, City Clerk 46 16 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 USE PERMIT AGREEMENT 3 The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Mor Bay Fire Fighters I.A.F.F. Local 1855 (hereinafte'r called PERMITTEE) the right to use, on the terms and conditions herein- after 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 that portion of Block F, bounded on the south by Beach Street, on the west by Embarcadero Street, on the north by Surf Street, and on the east by Front Street, in the City of Morro Bay (hereinafter called SAID PROPERTY). 1. The right and privilege granted to PERMITTEE pursuant to this Use Permit Agreement shall become effective at the hour of 12:01 a.m. on Saturday, May 8, 1976 and shall expire at the h of 11:59 P.M. on -Surida ,y, May 9, 1976. 2. PERMITTEE shall use SAID PROPERTY for the purpose of conducting a circus under the -name of John Strong Circus and for no other purpose. PERMITTEE may construct, maintain, and operate I on SAID PROPERTY such exhibits and amusements as PERMITTEE deems necessary for such pprpose; provided, however, that all rules, regulations, resolutions, and Ord inances of the City of Morro Bay or any department thereof, including, by way of illustration and not limitation, fire and safety order, rules, regulations, or lordinances, and any fees or regulations pertaining to the opera- Ition of a business within the City Of Morro Bay, shall at all Itimes be complied with. 3. Prior to the exoiration of this Use Permit Agreement I IIPEP14ITTEE shall remove.or cause to be removed all exhibits and 2 11amusements and other facilities constructed or erected on SAID 3 by PERMITTEE. At the expiration of this Use Permit 4 11PROPERTY Agreement, PERMITTEE shall surrender SAID PROPERTY to CITY in as 5 good condition as it was when it was originally received by 6 PERMITTEE, reasonable wear excepted. 7 4.a This Use Permit Agreement is, granted to PERMITTEE upon 8 the express conditions that PERMITTEE shall keep and hold the CITY 9 free from all liability, expense, and claim'for'damages by reason 10 of any injury or death to any person or persons, including 11 PEPIAITTEE, or property of any kind whatsoever and to whomsoever 12 11belonging, including PERMITTEE, from any cause or causes whatso- 13 ever during the term of this Use Permit Agreement or any extension 14 thereof or any occupancy of use hereunder; PERMITTEE hereby 15 covenanting and agreeing to indemnify and save CITY harmless from 16 all liability, loss, cost, and obligations on account of or 17 arising out of any such injuries or losses howsoever occurring. 18 4.b PERMITTEE agrees to take out and keep in force during 19 the life hereof at PEM1ITTEE'S expense, liability insurance to 20 protect against any liability to any person or persons, including 21 PERMITTEE, resulting from any occurrence in or about or incident 22 to SAID PROPERTY and appurtenant areas in the amount of $100,000 23 to indemnify against the claim of one person; $300,000 against the 24 claim of two or more persons; and $50,000 for property damage. 25 Said policies shall insure the liability o f PERMITTEE and the 26 Illiability, contingent or otherwise, of CITY and such other persons 27 firms, or corporations as may'b� designated by CITY. If PERMITTEE 28 does not keep such insurance in full force and effect, this Use 29 Permit Agreement may be immediately terminated. PERMITTEE shall 30 CITY with copies or certificates of all of said policies 31 11provide including endorsements which state that such insurance shall'not 32 The cancelled except after ten . days prior written notice'to CITY. 1 -2- I 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. 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, 71 including by way of illustration and not limitation, electricity, gas, water, and telephone which are used on or about SAID PROPERTY 911 during the term of this Use Permit Agreement. 110 6. CITY shall have the right to enter upon SAID PROPERTY at 1111 all reasonable hours to examine the same or to make such repairs or 12 temporary alterations as CITY shall, in its sole discretion, desire. 1311 CITY OF MORRO BAY 1411 15 Dated: �.Llzr) . 161 17 11 ATTEST: 18 19 Z MUR�LAY V. WARDEN,. City -Crerk 20 211 22 Dated: 1976 23 24 25 26 27 28 29 30 31 32 DALE C.' MITChELL, Mayor PERKITTEE By: Title: -13- RESOLUTION NO.24.-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH SHIRLEY L. RICHEY FOR LEASE SITES NO. 96 AND 96W T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by Shirley L. Richey to extend the lease on Lease Sites No. 96 and 96W for a ten year period commencing July 1, 1976; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease by an additional ten years under the same conditions as existing.in the original lease; and WHEREAS, it is in the public interest that the approval of an amendment to the basic lease between Shirley L. Richey and the City of Morro Bay, as successor to the County of San Luis Obispo, granting this extension be approved: NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the Amendment to Lease for Lease Sites No. 96 and 96W extending this lease for an additional ten year period commencing on July 1, 1976; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman Brown 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, Pipitone and Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 22, 1976 Lai C 2214zV1 DALE C. -MITCHELL, Mayor ATTEST: AK142��O� WARDEN, City Clerk AMENDMENT TO LEASE it is hereby agreed and and between the city of Morro Bay, a municipal corporation, as successor to the County of San Luis Obispo, LESSOR, and Shirley L. Richey, LESSEE, that that certain lease entered into on the 3rd day of July, 1961, between said County as LESSOR and Shirley L. Richey as LESSEE, concerning Lease Sites No. 96 and 96W, more particularly described in said lease, is hereby amended in the following particulars only: (1) City of Morro Bay, a municipal corporation, is hereby substituted in the place and stead of County of San Luis Obispo, a political subdivision, as LESSOR; and wherever the term "County" appears in said lease, the word "City" is substituted therefor. (2) Shirley L. Richey is hereby substituted in the place and stead of Shirley McCutcheon as LESSEE and wherever the term LESSEE appears in said lease, it is intended to mean Shirley L. Richey. (3) The term of this lease is extended for a ten (10) year period, commencing July 1, 1976 and expiring without notice at the close of business on June 30, 1986. (4) It is mutually agreed by and between City and LESSEE that the appraised value of said leasehold improve- ments, as determined in compliance with the terms of the basic lease, is $8,500 for the five year period beginning July 1. 1976. (5) Each and all of the other terms, provisions, and conditions of said lease, except as expressly modified above, remain in full force and effect. Amendment to Lease Page Two This axnendment to lease of real property is authorized -by Resolution No. 24-76 of the Morro Bay City Council dated March 22, 1976. DATED: March . CITY OF MORRO BAY ATTEST: ARDEN, City Clerk DIft G. MiT'CkEft, Mayor LESSEE SHIRLEY L ICHEY RESOLUTION NO. 23-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO REG WHIBLEY, EDWARD J. STRASSER AND ARTHUR R. FRY FOR LEASE SITES NO. 52 AND 52W (MB3) 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 negotiated with Reg Whibley, Edward J. Strasser and Arthur R. Fry regarding the leasing of Lease Sites No. 52 and 52W (MB3); and WHEREAS, it is in the public interest that a lease be granted to Reg Whibley, Edward J. Strasser and Arthur R. Fry for said lease site for the purposes, terms and upon payment of rentals as speci- fied in said lease; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this City. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the execution of said lease with Reg Whibley, Edward J. Strasser and Arthur R. Fry for Lease Sites No. 52 and 52W (MB3); and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said lease on behalf of the City of Morro Bay. On motion by Councilman Pipitone and seconded by Councilman Shelton , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Pipitone and Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 22, 1976 &�&& C � - �" DALE C. MITCHELL, Mayor' ATTEST: h M.'19: WARDEN, City Cl�_r_k RESOLUTION NO, 22-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, 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 JUNE 8, 1976, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 8, 1976, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay has called a special municipal election in the City of Morro Bay to be held on June 8, 1976, for the purpose of the election of a member of the City Council of said city for the term of office in which a vacancy was created and which ends March, 1978; and WHEREAS, it is desirable that said special municipal election be consolidated with the statewide primary 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 County Clerk of the County of San Luis Obispo canvass the returns of the special municipal election and that said statewide primary election and special municipal be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER, 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 statewide primary election on Tuesday, the 8th day of June, 1976, for the purpose of the election of a member of the city council for the term of office in which a vacancy was created and which ends March, 1978. SECTION 2. The County Clerk is hereby authorized to canvass the returns of said special municipal election which it is hereby requested to consolidate with said statewide primary 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. 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 consolidated election. SECTION 4. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation 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 County Clerk of the County of San Luis Obispo. on motion by Councilman Brown 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: . OW.. RE5. NO, 22-76 Page Two AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 16, 1976 ATTEST: WARDEN, City Clerk RESOLUTION NO. 21-76 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 8TH DAY OF JUNE, 1976, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND CONSOLIDATING SAID ELECTION WITH THE STATE-WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a vacancy in the office of member of the City Council was created by the resignation of D�Lle C. Mitchell on March 9, 1976, and; WHEREAS, the term of office in which the vacancy was created by said resignation of Dale C. Mitchell ends March, 1978; 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 8th day of June, 1976, a special muni- cipal election of the qualified electors of said City for the pur- pose of the election of a member of the City Council of said City for the term of office in which the vacancy was created by the resignation of Dale C. Mitchell which ends March, 1978. SECTION 2. That the special election hereby called for the date hereinbefore specified shall be and is hereby ordered consoli- dated with the statewide primary election to be held on said date, and within said city the precincts, polling places and officers of election for the special municipal election hereby called shall be in the same as those provided for said statewide primary election. The Board of Supervisors of San Luis Obispo County is hereby re- quested to order the consolidation of the special municipal election hereby called with said statewide primary election, and the County Clerk 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 primary election, shall be used. Said County Clerk shall certify the results of the canvass of the returns of said special municipal election to the City Council of said city which shall thereafter declare the results thereof. SECTION 3. That the polls for said election shall be open at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. RM NO� 21-76 Page Two SECTION 4. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 5. 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 6. 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 proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 7. That this Resolution shall take effect immediately. On motion by Mayor Mitchell and seconded by Councilman Shelton , 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, Pipitone, Shelton and mayor Mitchell. NOES: None ABSENT: None ADOPTED: March 16, 1976 A� -I i'v DAL-E C.-MITCHELIL,-MaTor ATTEST: _Vx A — M. joff. WARDEN, City Clerk RESOLUTION NO. 20-76 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 2ND DAY OF MARCH, 1976, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C 0 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 2nd day of March, 1976, 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 pro ' oerly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No. 16-76 adopted the 23rd day of February, 1976, the City Clerk of the City of Morro Bay canvassed the returns of said election and has certified the results to this City Council, said results are received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That there were six (6) voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as estab- lished for the holding of state and county elections. SECTION 2. That said regular general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: A Mayor of said City for a two year term; One (1) member of the City Council of said City for the full term of four (4) years. SECTION 3. That the whole number of votes cast in said City (except absent voter ballots) was 2,904. That the whole number of absent voter ballots cast in said City was 106, making a total of 3,010 votes cast in said City. SECTION 4. That the names of the persons voted for as said election for mayor of said City are as follows: Dale C. Mitchell SECTION 5. That the names of persons voted for at said election RESOLUTION NO. 20-76 Page Two for Member of the City Council of said City are as follows: Otto G. Crass Eugene R. Shelton Jess R. Gaoiran Andrew W. (Pete) Gardner Jack J. Jennings That the number of votes given at each precinct and the number of votes given in the City to each such persons above named for the respective offices for which said persons were candidates were as listed in "Exhibit A" attached. SECTION 6. The City Council does declare and determine that: DALE C. MITCHELL was elected as Mayor of the City Council of said city for a term of two years; EUGENE R. SHELTON was elected as a Member of the City Council of said City for the full term of four years. 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: (1) The whole number of votes cast in the city; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The number of votes given in the city to each person. 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 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 Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: March 9, 1976 FRED R. DONOHOO, Mayor ATTEST: M. L. WARDEN, City Cl&rk V) El) 44 0 w E� IC4 H U U) CD U M 4-4 -1 4J -H -H 0 fd (U 44 Q� 4-4 >1-14 r 0 0 0 u 0 4410-1 > a) .rq r: -11 > 1-110 0 0).H 0 �4 4J r-) (n En 0 CN 14 (1) a) 4-4 M 4j 04 0 0 �4 0 M X., a) > (L) a) 4J r. �4 41 0) 4-4 (o f-I t)) 0 4J 0 (1) �4 P >1 (13 Q) - 4J 1-4 04 U U) -,1 '0 �4 .0 rA a) 0 0 fa (1) 4 44 En 4 4J E0 4J .,I W4 4J (L) :1 0 4-4 M 4J 04 0 'i 4J > -H ul ra u r- ra U) M r: p r. r 0 :3 `4 0 44 0 4J 44 U) 0 u a) p p a a) >1 >1 r. m 4J 4J 0 CO 9 -rq .9.1 0 0 r ) 4J 4-) 0 u r- W ON 4J U) 4J M -I -H �t >1 0 u 0 (a >4 ro 4 > a) �l r- 04 0 010 fO P 4J tH p w u 0 �4 4J r- U) 0 04 a) -H X 0 > tH 10 0 z 0 44 (1) �4 0 > 0) >1 ko a 171 4J r- 4J M -H I CO rO U) Q) u tD 4 r (1) 41 H 4.) CN 4J M 010 >I (D > -H 4J 0 4-4 4 10 Z -H 4-) 4-4 0 44 41 0 rd 0 z p z u 0 0 0 �4 -H u (D Q) 4.) >1 :% >1 4J 14 1-1 'a .11 �j �t u 0 0 0 z ul p 0) >1 0) 010 a) r. 4J P4 r. -A C 0 .rA It 4J U) u >1 0 ul �4 4 10 ra a) Z 04 (1) ro 10 N r, rO 4-) -,1 -11 ON li u (a �4 H a) r: U) 0 4 -ri 4 - U 4 4J >, C W U 0 �4 0 P -,I M M "A 044 �l 4J 3: �4 U 4 fo 0 '0 54 Q) W 4-4 �4 E� K4 im .11 rl) U) 0 4 U > z cq 1-1 -W Ln r-I m ko 06 -V H H m 00 (n cq OD Ch 0 C> r-I En u r- m en qw Ln m a% 14 0 e W cq m 0 En CN rn m Ln Ln I�r cq CN -W 09 C4 cq p P u 0 H z 0) -W Ln co 11 v r-I m 0 u 0 -V CN m cli -W -IT CN m z V. N N 0 z 0 u 9 C) Q r-I cq kD r-I CD r- r- En H (n -W N CN -T r-q m m ul 0 CN C14 0 z kD w w %D co C) CN m CD �4 H m w m r- m r, 1-1 u z Ln < z F3 w F3 P� Z 0 04 H Ln co -cr cc co co LD z 1-4 m m CN Ln CD fl- N a CN r, co �D En ko m -W r, �4 u co tn kD %D m tn ko -W CD C14 1-1 r-I r-i cq r-I 14 CN 0 E� u CA z w u H P 1-1 C14 m Ln %D 9 z 0 fl, z m 0 4 P 0 RESOLUTION NO. 19-76 RESOLUTION AND ORDER ACCEPTING STREET RIGHT-OF-WAY AND DIRECTING RECORDATION � ESTERO BAY UNITED 14ETHODIST CHURCH AND PAUL H. MOORE AND MARGUERITE D. MOORE T H E C I T Y C 0 U N C I L City Of Morro Bay, California WHEREAS, Estero Bay United Methodist Church has irrevocably and perpetually offered for dedication by Document No. 18291, dated March 7, 1972 and recorded June 9, 1972 in Volume 1672 of Official Records, Pages 790, 791 and 792; and WHEREAS, Paul H. Moore and Marguerite D. Moore have irrevocably and perpetually offered for dedication by Document No. 18292, dated March 23, 1972 and recorded June 9, 1972 in Volume 1672 of Official Records, Pages 793, 794 and 795� San Luis Obispo County Records; a portion of Lot 29 of the Rancho Moro y Cayucos in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on a map thereof recorded in Book A of Maps, at Page 160, San Luis Obispo County Records; and WHEREAS, the public necessity now requires the northerly ex- tension of Ironwood Avenue from its present terminus; NOW, THEREFORE, BE IT RESOLVED and ordered that a portion of said property offered for dedication be accepted on behalf of the public; said portion being more particularly described as follows: Commencing at a monument in the centerline of Ninth Street (Ironwood Avenue) set on the northerly line of Tract No. 174, recorded in Book 6 of Maps, at page 38; thence N. 72030' E., along the said northerly line, 25.00 feet; thence N. 170251 W., 159.76 feet; thence S. 720301 W., 50.00 feet; thence S. 72025' E., 159.76 feet to the northerly line of Tract No. 174; thence N. 720301 E., along said line, 25.00 feet to the point of beginning; which described property is shown on Parcel Map No. MB 71-79. BE IT FURTHER RESOLVED and ordered that the City Clerk be and is hereby directed to record a copy of this resolution in the office of the Recorder of the County of San Luis Obispo. On motion of Councilman Jennings and seconded by Councilman Pinitone , the City Council of the City of Morro Bay hereby adopts the foregoing order and resolution in its entirety on the following roll call vote: AXES: Councilmen Brown, mayor Donohoo NOES: None ABSENT: None ADOPTED: March 8, 1976 ATTEST: Jennings, Mitchell, Pinitone and . Ae"'I- /e xy--e�� FRED R. DONOHOO, Mayor M. L. WARDEN, City Clerk RESOLUTION NO. 18-76 RESOLUTION OF INTENTION TO VACATE A PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH AND SETTING DATE FOR HEARING T H E C I T Y C 0 U N C I L City of Morro Bay, California RESOLVED, that the City Council of the City of Morro Bay intends to vacate a portion of an existing public utility easement in Block 8B of Atascadero Beach pursuant to Government Code §50430 - vacation of easement - et seq. Said portion of utility easement proposed to be abandoned is described on Exhibit "A" attached hereto and by this reference made a part hereof. For further particulars as to the proposed vacation of utility easement, reference is made to a map on file in the office of the City Clerk of the City of Morro Bay. BE IT FURTHER RESOLVED that the Morro Bay City Council will hold a public hearing on Monday, April 12, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Morro Bay, California, to con- sider the matter of vacation of such easement, 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 easement abandonment; and BE IT FURTHER RESOLVED that the City Clerk be directed to cause a notice of public hearing to be published once each week in the Sun -Bulletin, a newspaper of general circulation, for two successive weeks prior to hearing and to post notice of intention to vacate said easement along said easement at intervals of 300 feet or less, at least ten days before the date set for said hearing. On motion made 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 Donoh000 NOES: None ABSENT: None ADOPTED: March 8, 1976 Z&aele_ e&-mz�_ ki?zu x. 1)UNUH0Q, mayor ATTEST: ir r. WARDENt' City Clerk � _._1 0 0 EXHIBIT "A" VACATION OF PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH DESCRIPTION A portion of Block 8B, Atascadero Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: A strip of land five (5.00) feet in width along the following described centerline: Beginning at a point on the line between Lots 2 and 4, said point being 2.50 feet northwest of the most southerly corner of Lot 4; thence northwesterly, along the southwesterly line of Lot 4, to the southeasterly right-of-way line of Yerba Buena Street (formerly Fourth Street), said point being the end of the described centerline. Also, a strip of land five (5.00) feet in width along the following described centerline: Beginning at a point on the line between Lots 1 and 15, said point being twenty-two and five -tenths (22.50) feet southeasterly from the most westerly corner of Lot 15; thence southeasterly along the southwesterly line of Lot 15, to the northwesterly right-of-way line of Whidbey Street (formerly Fifth Street), said point being the end of the described centerline. RESOLUTION NO. 17-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA 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 Department of the Air Force, Cambria, 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 Pinitone , 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 Mhyor Donohoo NOES: None. ABSENT: None ADOPTED: March 8, 197G ATTEST: WARDEN, City Clerk A��ezf 'Oe�� FRED R. DONOHOO, Mayor A, L 0 7 P, Vi 17 18 20 _21 '22 23 24 27 23 29 30 33. ..NS USE PER14IT ACREEI-ENT 'The City of. Morro Bay, a municipal corporation of the State ofCalifornia (hereinafter called CITY) hereby + grants to Depaxtment of the Air Force, Cambria. (hereinafter railed PERMITTEE) the right to use, on the terms and conditions hereinafter set forth, that property of the City rf Morro Bay 'located within the city limits of the City of Morro Bay, County of San Luis Obispo, State of California, and described as: Lila H. Kei ser Park (hereinafter called SAID PROPERTY).. The right and privilege granted to PERMITT,7E pursuanr- to this Use Per=t Agreement shall become effective between the hours of 0 - 00. a.m. and 6: 00 p.m. on Friday, july 2, Saturday, auly 3 And Sunday, Julv 4, 1976. 2. PERMITTEE shall use SAID PROPERTY for the purpose of conducting a 26 Air Division Softball Tournament-. .,a nd f or no other p.urpose.. .-P-ERMITTF-B may Aisp J_ay -such �exhibits .-n SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro- vided however, that all rules, -regulations, resolutions, and ordinances of the City of Morro Bay or any department thereof, including by-wa,,r-of-'-.I-l-v-,-ctrati-n-n,but 'not jjmi*+-atj-n" 4:,,. .�A safety ord-_rs, rales, zegula ticns,.or orClinaxices, shall. aL all times be complied Wth. Prior to the expiration r-)f this Use Per.mit Agreement, PERMITTEE shall re-ove or cause to be removed, all e).:hibits and other facilities constructed or erected on SAID PrG_;�Ej�'.TY by PER!eITTEE. All the expiration of this Use Permit Agreement, PEXI-:1TTEE Shall r,TD PROPZ-,�­Y t�- CITY in-us:gOod oil r INX. IX, . IL 11 2.1 3 M I condition as it was when it was originally received by PERMITTEE, reasonable wear excepted. 4.a 'This Use Permit Agreement is granted to PERMITTEE u poll the exptess 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 PERMITTEB, or 7 property of any kind whatsoever and to whomsoever belonging, 8 including PERMITTEE, 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; PERMITTEE hereby covenanting and 11 agreeing to indemnify and save,CITY.harmless from all 1 iability, 12 loss, cost, and obligations on account of or arising out of any 13 such.injuries or losses howsoever occurring. 14 4.b PERMITTEE agrees to take out and keep in force during thE 15 life hereof, at PERMITTEE'S expense, liability insurance to protect 16 against any liability to any person or persons, including'.PERMITTEE, 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, con tingent or otherwise, of CITY.and such other persons, 23 firms, or . corporations -as may be designated by CITY. If PERMITTEE 24 does not keep such insurance in full force and effec t,. this Use 25 ,Permit Agreement may be immediately terminated. PER14ITTEE shall 2e provide City with copies and certificates of all of said policies 27 including endorsem . ents which state that such insurance shall not be 28 cancelled except after ten (10) days prior written notice to CITY. 29 Each such policy shall be approved as to form and insurance company 30 by CITY. 31 Cc Any insurance policy insuring PERMITTEE against clainiG, 32 expense, or liability for inJury or death to person or property ill I 2 3 4 61 7 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 Isuch claim, expense, or liability. 5. P=mTmxr2 Ahajj fn� nil jj�-ijj� j�c i c'l 8 g TY 9 allvi"g Hie -Tyrm P L# 10 6. CITY shall have the right to enter upon SAID PROPERTY 11 at all reasonable hours to examine the same or to make such repairs 12 or temporary alterations as CITY shall, in its sole discretion, 13 desire. 14. CITY OF MORRO BAY 15 16 Dated: Q� 4,7 Mayor 17 18 ATTEST: 19 20 21 11" —' "'N' 22 23 24 25 26 27 28 29 30 31 32 PERMITTEE B Titl e 62md',c 77j— kADS Date' ' 17 - 1)%4-1 0 a RESOLUTION NO. 16-76 RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY CLERK OF 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, a regular general municipal election will be held and conducted in the City of Morro Bay, Countv of San Luis Obispo, State of California, on Tuesday, the 2nd day of March, 1976, 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 the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That Pursuant to Section 22932.50 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 2nd day of March, 1976, 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 orior to the 9th day of March, 1976, complete the canvass of the regular general municipal election to be held in said City on the 2nd day of March, 1976, and shall certifv the results to this said City Council on the 9th day of March, 1976. 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 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: February 23, 1976 FRED R. DONOHOO, Mayor ATTEST: M.//U'. WARDEN, City Clerk RESOLUTION NO. 15-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH DALE C. AND KAY K. MITCHELL FOR LEASE SITES NO. 71, 72, 71W AND 72W T H E C I T Y C 0 U N C I L City of Morro Bayr California WHEREAS, a request has been made by Dale C. and Kay K. Mitchell to extend the lease on Lease Sites No. 71, 72, 71W and 72W for a fifteen year period commencing February 1, 1976; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease by an additional fifteen years under the same conditions as existing in the original lease; and WHEREAS, it is in the public interest that the approval of an amendment to the basic lease between Chris George and Isabel 0. George and, subsequently, Dale C. and Kay K. Mitchell as AssigneeA; and the City of Morro Bay, as successor to the County of San Luis Obispo, granting this extension be approved. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the Amendment to Lease for Lease Sites No. 71, 72, 71W and 72W extending this lease for an additional fifteen year period commencing on February 1, 1976; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman 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, Pipitone and Mayor Donohoo NOES: None ABSTAIN: Councilman Mitchell ABSENT,. None ADOPTED: February 23, 1976 Ae� /10 FRED R. DONOHQO, Mayor ATTEST: ­7 //14UMIXY L. WARDEN, City Clerk AMENDMENT TO LEASE I it is hereby agreed by and between the city of Morro Bayr a municipal corporation, as successor to the County of San Luis Obispc�., LESSOR, and Dale C. . Mitchell and Kay K. Mitchell, LESSEESF that that certain lease entered into on the 23rd day of January, 1961, between said County as LESSOR and Chris George and Isabel 0. George as'LESSEES, concerning Lease Sites No. 71,.72,, 71W, and 72Wt more particularly described in said lease, is hereby amended in the following particulars only: 1. City of Morro Bay, a municipal -corporation, is hereby substituted in the place and stead of County of San Luis Obispo, a political subdivision, as LESSOR; and wherever the term "County" appears in said lease, the word "City" is substituted therefor. 2. bale C. Mitchell and Kay K. Mitchell are hereby substi- tuted in the place and stead of Chris George and Isabel 0. George as LESSEE and wherever the term LESSEE appears in said lease, it is intended to mean bale C. Mitchell and Kay K. Mitchell. 3. The term of this lease is extended for a fifteen (15) year period, commencing February 1, 197.6, and expiring without notice at the close of business on January 31, 1991. 4. It is mutually agreed by and between City and LESSEE that the appraised value of said leasehold improve- mentsI.as determined in compliance with the terms of the basic lease, is $11,800 for the five year period beginning February 1, 1976. 5. It is mutually agreed by and between the City that LESSEE may, at any time prior to the expiration of this lease as amended herein, convert to a City -type lease provided t hat a program of improvement and development is presented to City by LESSEE and subject to City's approval of such Amendment to Lease Page Two development program. The terms and conditions of said conversion shall be subject to negotiation and existing City policy. Each and all of the other terms, provisions, and condi- tions of said lease, except as expressly modified above, remain in full force and effect. This amendment to lease of real property is authorized by Resolution No. of the Morro Bay City CounC41 dated DATED: CITY OF MORRO BAY ATTEST: Aw M. 4;. WARDEN, City Clerk Az"19'-p 21, FRED R. DONOHOO, Mayor LESSEE 7 /' DALE C. MITCHELL k4 �� bv�u� KAY V. MITCHELL L ""I L7 RESOLUTION NO.14-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 71,72,71W & 72W FROM JOHN J. KIRTH AND GISELA G. KIRTH TO DALE C. MITCHELL AND KAY K. MITCHELL T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by John and Gisela Kirth, husband and wife, to transfer the leasehold interest in Lease Sites No. 71, 72, 71W, and 72W to Dale and Kay Mitchell, husband and wife; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lessees under said lease: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Consent is hereby given by said Council to the assignment by John J. and Gisela G. Kirth of the leasehold interest in Lease Sites No. 71, 72, 71W, and 72W to Dale C. and Kay K. Mitchell, 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 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 I NOES: None ABSTAIN: Councilman Mitchell ABSENT: None ADOPTED: February 23, 1976 FRED R. DONOHOO, Mayor ATTEST: A!U� M.'L. WARDEN,'City Clerk I OF. ASSIGNMENT OF LEASE AGREEMENT JOHN J. KIRTH and GISELA G. KIRTH, husband and wife, hereby assign to Dale C. Mitchell and Kay K. Mitchell, husband and wife, all the right, title and interest in and to that certain lease da:ted January 23, 1961, by and between the County of San Luis Obispo, a political subdivision, and the City of Morro Bay, a municipal corporation, as successor in interest; concerning that certain tide and'submerged lands lease site known as Lease Sites No. 71, 72, 71W and 72W; said lease being more particularly described on Page 1 of that certain Lease between the County of San Luis Obispo and Chris George and Isabel 0. George. The term of said lease is fifteen (15) years commencing February 1, 1961, and expiring without notice on January 31, 1976. Reference is made to said lease, a copy of which is attached to the original of this Assignment of Lease Agreement and ASSump- tion Agreement for further particulars. This assignment is conditional upon each of the following: Approval of the City of Morro Bay of this lease assignment. Such approval is to be evidenced by certified copy of the resolution of the City of Morro Bay granting this consent; and 2. The execution of the Assumption Agreement attached hereto. Dated this 8th day of Marc el L bBLA G. K�RTH ASSUMPTION AGREEMENT Lease Sites No. 71, 72, 71W and 72W Lease executed January 23, 1961 DALE C. MITCHELL and KAY K. MITCHELL, husband and wife, assignees, accept the aforesaid assignment of lease from John J. Kirth and Gisela G. Kirth, and hereby agree with the assignors and with the City of Morro Bay, a municipal corporation, to be bound by all of the terms and conditions of the lease and to assume all of the obligations of the lessee in the aforesaid lease, including the payment of rent at the time and in the manner as therein set forth. Assignees acknowledge the title to the lease premises is in the State of California and the City of Morro Bay as successor trustee of said land and agree not to contest said title. Assignees rely solely on their individual determination of assignors right to assign and on their individual determination of the validity of all previous assignments, and their determination of the existence of any claims or liens against said lease and acknowledge and understand that City is not responsible for or connected with such rights or claims except to the extent of the City's interest and rights as Lessor and trustee of the lease site. -i 4V-e DALE C. MITCHELL *4 _jV �aja-6L KAY Yff MITCHELL STATE OF CALIFORNIA County of San Luis Obispo �11 On ' Q CLtev,�-.3, 15776, before me, the undersigned,.. a Notary Pub7ic'in and for said State, personally appeared Dale C. Mitchell and Kay K. Mitchell, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. TIg—nature NOT. 0CA`U'F'0`RNIA PRINCIPAL OFFICE IN SAN LUIS OBISPO COJN-: My Comm4sion Expims March A6,1978' RESOLUTION NO. 13-76 RESOLUTION AND ORDER OF COMPLAINT TO THE FEDERAL COMMUNICATIONS COMMISSION T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay has received complaints from the residents of the City of Morro Bay concerning channel outages, channel fades and repetitious losses of their cable television service; and WHEREAS, the City Council of the City of Morro Bay finds that Central California Communiciations Corporation, which company pro- vides cable television service to the residents of the City of Morro Bay, has experienced microwave channel outages, microwave channel fades and repetitious losses of microwave service since June, 1975, continuing to date; and, WHEREAS, available information suggests- that the microwave channel outages, microwave channel fades and repetitious losses of microwave service dre not caused by, or under control of, Central California Communications Corporation; and, WHEREAS, the microwave channel outages, microwave channel fades and repetitious losses of microwave service may be caused by inade- quacies in facilities owned and operated by the MICROWAVE TRANS- MISSION CORPORATION, a common carrier licensed by the Federal Communi- cations Commission to provide microwave relay service of distant, television broadcast signals to its customer, Central California Communications Corporation. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of Morro Bay hereby registers a complaint to the Federal Communications Commission and request that it investigate, review and determine as follows: 1. The causes and reasons for the unreliable microwave relay service of distant television broadcast signals to Central California Communications Corporation; and 2. The causes and reasons for the microwave channel outages, microwave channel fades and repetitious losses of micro- wave service; and 3. Whether such microwave channel fades and repetitious losses of microwave service can be immediately rectified, in order that the residents of the City of Morro Bay may receive and enjoy uninterrupted cable television service in the public interest, convenience and necessity. BE IT FURTHER RESOLVED AND ORDERED that the City Clerk be authorized and directed to mail a copy of the foregoing resolution to the following: Federal Communications Commission Common Carrier Bureau 1919 M Street, N.W. Washington, D. C. 20554 Resolution No. 13-76 Page Two Microwave Transmission Corporation 2460 Garden Road Monterey, California 93940 Senator John 0. Pastore Chairman, Senate Committee on Commerce Subcommittee on Communications Dirkson Senate Office Building Room 3215 Washington, D. C. 20510 Senator John V. Dirkson Senate Room 6221 Washington, D. Tunney office Building C. 20510 The Honorable Torbert H. McDonald Chairman, House Committee on Interstate and Foreign Commerce Subcommittee on Communications Rayburn House Office Building Room 2470 Washington, D. C. 20515 The Honorable Burt L. Talcott Longworth House Office Building Room 1536 Washington, D. C. 20515 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 resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: February 23, 1976 -4w FRED R. DONOHOO, Mayor ATTEST: M. ii. WAKODIE—N, City Clerk 0 0 RESOLUTION NO. 12-76 RESOLUTION REQUESTING INSTALLATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF STATE HIGHWAY #1 AND SAN JACINTO STREET 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 repeatedly requested that the State Division of Highways construct a stop signal at the intersection of State Highway #1 and San Jacinto Street; and WHEREAS, the health and safety of the citizens of the City of Morro Bay has been endangered by the lack of adequate traffic control devices at this intersection; and WHEREAS, it is the City's understanding that the CALTRANS office in San Luis Obispo has identified this intersection as a candidate for signalization in priority order. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay hereby requests that the signalization of the intersection of State Highway #1 and San Jacinto Street be installed as soon as possible; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby finds and determines that signalization of this intersection is of the highest priority; and BE IT FURTHER RESOLVED that the City Clerk be authorized and directed to mail a copy of the foregoing resolution to the following: The Honorable Edmund G Governor State of California State Capitol Sacramento, California The Honorable Robert P. State Assemblyman State Capitol Sacramento, California Brown,.Jr. Heinz Heckeroth Assistant Director, Highways Department of Transportation 1120 N Street 95814 Sacramento, California 94814 Nimmo M. W. Becksted Deputy District Director Transportation Planning 95814 District 5, CALTRANS P. 0. Box L San Luis Obispo, California 93401 On motion by Councilman Jennings and seconded by Councilman Mitchell , 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: February 23, 1976 FRED R. DONOHOO, Mayor ATTEST: Z� �/ e - K. L. WARDEN, City Clerk RESOLUTION NO. 11-76 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 0 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 Jennings and seconded by Councilman Pipitone , 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 Brown, NOES: Mayor Donohoo None ABSENT: None ADOPTED: February 23, 1976 Jennings, Mitchell, Pipitone and FRED R. DONOHOO, Mayor ATTEST: Y L WARDEN, City Clerk Rl�ft / 1 2 3 4 5 7 a 9 10 11 12 13. 14 15 16 17 18 1.9 20 21 22 23 24 2.5 26 27 28 29 30 311 321 USE PERMIT AGREEMENT NO. 112 The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Kiwanis Club of Morro Bay - Estero (hereinafter called PERMITTEE) the right and privilege to use that property of the City of Morro Bay located within the City limits of the City of Morro Bay, County of San Luis Obispo, State of California, and described in Exhibit "A" attached .hereto (hereinafter called SAID PROPERTY), on the terms and conditions hereinafter set forth. 1. The right and privilege granted to PERMITTEE pursuant to this Use Permit Agreement shall become effective at the hour of 4:00�p.rn. on Saturday, April 17, 1976 — , and shall expire when the purpose hereinafter specified has ceased, but in no event later than the hour of 4:00 P-m-on Sunday, April 18, 1976 2. PERMITTEE shall use SAID PROPERTY for the purpose of: conducting the annual Easter Sunrise Services sponsored by PERMITTEE and for no other purpose. 3. PERMITTEE shall at all times during assembly, services, disbanding adequately supervise the participants in order to protect the lives and property of motorists, pedestrians, spectators, and participants in the area of the services -and those area designated f parking. PERMITTEE shall cooperate at all times with CITY officers and employees in the installation, erection, dismantling, or removal of signs, barricades, or other appropriate warning devices which are necessary, in the opinion of CITY, to protect the lives and property of motorists, pedestrians, spectators, and participants. PERMITTEE shall, at all times, promptly comply with all regulations, rules, and orders of duly constituted CITY officials with respect to any part or phase of the services including by way of illustration and n limitation restrictions on location of temporary structures, locati.- of spectators, and traffic. La 2 3 4 5 0 7 81 10 11 12 13 14 .15 17 is 19 2 . 0 21 22 23 24 25 26 27 28 29 30 31 32 4.a This Use Permit Agreement is granted to PERMITTEE upon the express conditions that PERMITTEE shall keep and hold CITY free from all liability, expense, and claim for damages by reason of any injury or death to any person or persons, including PERMITTEE, or property of any kind whatsoever and to whomsoever belonging, including PERMITTEE, from any cause or causes arising in any manner out of the issuance Of this Use Permit Agreement or the use of SAID PROPERTY dur ing 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 indemni against the claim of one (1) person, $300,000 against the claim of two (2) or more persons, and $10,000 for property damage. 'Said policies shall insure the liability of PERMITTEt and the liabilitv, contingent or otherwise, of CITY and such other -persons, firms, or corporations as may be designated by CITY. If PERIMITTEE does not keep such insurance in full force and effect, this Use Permit Agree- ment may be immediately terminated. PERMITTEE shall provide CITY with copies or certificates of all of said policies including endorsements which state that such insurance shall not be cancelled except after ten (10) days' prior written notice to CITY. Each such Dolicy shall be approved as to form and insurance company by CITY. 4.c Any insurance policy insuring PERMITTEE against claims, expense, or liability for injury or death to person or property in or about SAID PROPERTY shall provide that the insurer shall not acquire by subrogation any right of recovery which PERMITTEE has 1'1� __ Fj I 2 3 5 6 7 8 10 11 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 expressly waived in writing prior to the occurrence of the ioss. PERMITTEE hereby waives any right of recovery a.gainst CITY for any such claim, expense, or liability. CITY OF MORRO BAY Mayor ATTEST: City Clerk .PERMITTEE Ti tle: 6A, Z-7d- t— - P�P V1 C Date: 441 d vc A -7 6 ATTEST: //7 —secretary I %�j TOIL n C) n ..--I - ... - . - -..- .- ..Ye tQ v, c .r It . I RESOLUTION NO. 10-76 RESOLUTION OF NECESSITY FOR QUIET TITLE ACTION CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA T H E C I T Y C 0 U N C I L City of Morro Bay, California The City Council of the City of Morro Bay, San Luis Obispo County, California, RESOLVES THAT: It finds and determines and hereby declares that the public interest and necessity require the initiation of proceedings to quiet title to those tidelands held in trust by the City of Morro Bay, California, in the area south of South Street; to establish the location of the landward boundaries of such tidelands; and to preserve public access to and use and enjoyment of such tidelands. Michael T. LeSage, City Attorney for the City of Morro Bay, is hereby authorized and empowered to prepare and prosecute in the City's name such proceedings in the proper court as are necessary, and to request that the State of California join with the City as a party plaintiff in such proceedings. A portion of the property is more particularly described in the attached Exhibit "A". On motion by Councilman Jennings and seconded by Councilman Brown I 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, Ripitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: February 9, 1976 FRED R. DONOHOO, Mayor ATTEST: r: WARDEN, Cfty Clerk That property lying west of the easterly line of the Grant to the County of San Luis Obispo, State of California, according to the Map thereof filed September 12, 1958, in Book 1 at: Page 2 of Miscel- laneous Maps, in the office of the County Recorder of said County, said Map being entitled "Map of the Grant to the County of San Luis Obispo, Chapter 1076 Statutes of 1947 (Amended - Chapter 1874 Statutes of 1957) Vicinity of Morro Bay", more particularly described as follows: PARCEL 1: Commencing at Station 38 according to said Map; thence, along the said Grant Line North 52* 13' 98" West to the point of intersection of the southerly line of Lot 7, Block 1, of Morro Bay Park according to the map filed on March 24, 1924 in Book 3 of Maps, at page 36, in the office of the County Recorder of said County, said point of inter- section being the True Point of Beginning; thence, continuing along said Grant Line, North 52* 13' 28" West to Station 39 as shown on the first said map; thence, along said Grant Line, North 290 49' 44" West to the point of intersection of the north line of Lot 5, Block 1 of said Morro Bay Park; thence, westerly along the westerly prolongation of the north line of said Lot 5 a distance of 500 feet; thence, South 29* 49' 44" East to a point on the westerly pro- longation of the south line of said Lot 7: thence, easterly along said westerly prolongation of Lot 7 to the True Point of Beginning. PARCEL 2: I PARCEL 3 Commencing at Station 39 according to said map; thence along the said Grant Line, North 290 49' 44" West to intersection with the south line of Lot 2, Block 1, of Morro Rock Park, as the same is shown on tho map thereof, filed on March 4, 1924, in Book 3 of Maps, at page 36, in the office of the County Recorder of said County, being the True Point of Beginning; thence, continuing along said Grant Line, North 290 49' 44" West to the intersection with the north line of Lot 1, Block 1 of said Morro Rock Park; thence, Westerly along the westerly proloniation of the north line of said Lot 1 a distance o� 500 f,.et; thence, South 290 49' 44" East to a point n the westerly prolongation of the south line of said Lot 2 thence, along the last said westerly prolongition, Easterly to the True Point of Beginning. Commencing at Station 39 according to saic! map; thence along the said Grant Line, North 290 49' 44" West to the intersection of the south line of. !ot 4, Block .1, of Morro Rock Park, as the same is shown on the map thereof filed on March 4, 1924 in Book 3 of Maps at page 36, in the County Recorder's Office of said County; being the True Point of Beginning; thence, continuing along said Grant Line, North 290 49' 44" West to the intersection of the north line of said Lot 4; thence Westerly along the westerly prolongation of the north line of said Lot 4, a distance of 500 feet; thence �outh 290 49' 44" East to a point or. the .,�esterly prolongation of the south line of said Lot 4; thence, Easterly along last said westerly prolongation, z., the True Point of Beginning. EXHIBIT "A" Page 1 PARCEL 4: Commencing at Station 39 according to sairl Map; thence along said Grant Line, North 290 49' 44" West to the south line of Lot 3, Block 1 of Morro Rock Park as the same is shown on the map thereof, filed on March 4, 1924, in Book 3 of Maps at page 36, in the office of the County Recorder of said County, being the True Point of Beginning; thence, continuing along the said Grant Line, North 290 49' 44" West to the intersection of the north line of said Lot 3 with said Grant Line; thence Westerly along the westerly prolongation of the north line of said Lot 3 a distance of 500 feet; thence, South 290 49' 44" East to a point on the westerly prolonqation of the south line of said Lot 3; thence, Easterly along the last said westerly prolongation to the True Point of Beginning. (END OF DESCRIPTION) EXHIBIT "A" Page 2 RESOLUTION NO. 9-76 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE 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 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 65-085-07 Code 6-02 Parcel 65-118-03 Code 6-02 Parcel 65-341-08 Code 6-02 Parcel 65-341-13 Code 6-02 Parcel 65-341-14 Code 6-02 Parcel 65-341-15 Code 6-02 Parcel 66-023-11 Code 6-02 Parcel 66-023-14 Code 6-02 Parcel 66-023-15 Code 6-02 Parcel 66-023-18 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 Jenninns 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, Jenninos, Mitchell, PiPitone and 'lavor Donohoo NOES-, None ABSENT: None ADOPTED: February 9, 1976 FRED R. DONOHOO, Mayor ATTEST: A -/� - M. 1;. WARDEN, 'City Clerk RESOLUTION NO. 8-76 RESOLUTION ADOPTING A BUDGET CALENDAR 1976-77-FISCAL YEAR T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council will meet in regular and special sessions to consider the matter of adopting a budget for the fiscal year 1976-77 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 �.ipitone the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, �'J'ennings, Mitchell, Pi.-piltone anO !4avor Donahon NOES: 'None A13SENT: None ADOPTED: February 23, 1976 FRED R. DONOHOO, Mayor ATTEST: VRRAYL. WARDEN, City Clerk CITY OF MORRO BAY BUDGET CALENDAR 1976'-77 FISCAL YEAR Period April 26 Submit estimates of revenues for next fiscal year April 26 Submit preliminary budget to City Council. Set dates for budget conferences May 10-May 31 City Council public budget study conferences June 7 Pre -adoption public hearing for final budget June 21 Adopt final budget June 25 Complete duplication of final budget July 12-31 Receive certification of assessed valuations August 9 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. 6 6 RESOLUTION NO. 7-76 RESOLUTION AND ORDER ABANDONING WILLIAMS BROTHERS ALLEY T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay finds that the Williams Brothers alley which is more fully described hereinafter is unnecessary for present or prospective alley - purposes except for the reservation of certain rights and ease- ments therein as hereinafter set forth; and WHEREAS, the City Council of the City of Morro Bay has determined that notice of public hearing has been published once each week for two successive weeks in the Sun -Bulletin; and WHEREAS, the City Council of the City of Morro Bay has determined that notices of intention to vacate said alley have been posted along said alley at intervals of 300 feet at least 10 days prior to the hearing. NOW, THEREFORE, IT IS RESOLVED AND ORDERED that the City of Morro Bay vacates and abandons its interest in said alley, provided, however, that there shall be reserved and excepted unto the City of Morro Bay, its commissions, boards, employees, agents, contractors, and franchisees, a permanent easement and right to install, remove, replace, repair, rebuild, expand, operate, and maintain over, under, upon any portion of said above -described area, pipes, mains, conduits, cables, wires, poles, and any and all other means of transmission of water, sewage, gas, petroleum or petroleum products, electricity, telephone, electrical im- pulses, radio signals, television signals, and any and all other utilities, including all appurtenant and convenient structures, equipment and fixtures for the operation of the aforesaid facilities. A 32.00 foot wide strip of land along the southwest side of Lots 2, 3, 4, 5 and 7 designated "Alley" and a 26.70 foot more or less width strip of land along the northwest side of Lot 2 delineated as an alley, all as shown on a map of Tract 353, recorded October 14, 1966 in Book 7 of Maps at Page 22, San Luis Obispo County Records. BE IT FURTHER RESOLVED AND ORDER that the City Clerk be autho- rized and directed to record this resolution in the office of the County Recorder of the County of San Luis Obispo. 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 resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: February 9, 1976 A"o e xe"46_1, FRED R. DONOHOO, Mayor ATTF WARDEN, City Clerk RESOLUTION NO. 6�76 RESOLUTION CONCERNING ELECTION CANVASS AT A CENTRAL PLACE T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby offered and read: RESOLVED, that pursuant to Elections Code Section 17050, etc., the City of Morro Bay, using new voting machines provided by the County of San Luis Obispo, should count all ballots at a central place for the March 2, 1976, General Municipal Election. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That such central ballot counting place for said March 2, 1976, election shall be in the San Luis Obispo County data processing center in the Courthouse, San Luis Obispo, California. 2. The City Clerk shall receive the ballots from the precincts at the City Hall of the City of Morro Bay and shall transfer the ballots from the City Hall to said data processing center. 3. For the purposes of such ballot counting, said data processing center pursuant to Election Code Section 17060, shall be and is hereby designated as a public place. 4. The City Clerk of the City of Morro Bay, in coordination with the County Clerk, be and is hereby authorized and directed to make the necessary arrangements for said central counting place to be a public place during such vote counting. On motion by Councilman Jennings and seconded by Council- man 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: February 2, 1976 FRED R. DONOHOO, Mayor ATTEST: �'M��Y WARDEN, City Cler-k- RESOLUTION NO. 5-76 RESOLUTION APPROVING AGREEMENT WITH ROBERT M. ASHURST FOR CITY WELL 10A T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and Robert M. Ashurst for the City's use of City Well 10A, 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. On motion by Councilman Jennings and seconded by Councilman Mitchell I 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: January 26, 1976 FRED R. DONOHOO, Mayor ATTEST: M. L-.' WARDEN,,City Clerk I ;1' 11 0 0 2, 11 AGREEMENT 3 11 ' This agreement made this lst day of January, 1976, by and 4 11 between Robert M. Ashurst (hereinafter called "Owner") and the 5 City of Morro Bay, a municipal corporation of the State of 6 California (hereinafter called "City"). 7 11 W I T N E S S E T H 8 WHEREAS, City is in need of adequate supplies of water for 9 purposes of fulfilling the needs of City; and 10 WHEREAS, Owner has certain real property referred to as 11 that certain parcel of land granted to Robert M. Ashurst by deed 12 recorded September 26, 1960 in Volume 1085, Page 447, Official 13 11 Records of the County of San Luis Obispo, State of California, 14 11 upon which is situated a well site with one well constructed 15 11 thereon, described as State Well No. 29S/11E 32K2 and further 16 identified as City Well 1OA; and 17 WHEREAS, parties have mutually agreed that, in return for 18 the consideration hereinafter provided, City shall be granted 19 the right and privilege to operate said well and draw water 20 11 therefrom for the period hereinafter set forth; 21 NOW, THEREFORE, it is mutually agreed by the parties hereto 22 as follows; 23 11 1. Owners shall grant to City the right and privilege to 24 use and operate the said well, namely State Well No. 29S/11E 32K2 25 (City well 10A),.said well being shown and designated on attached 26 map marked Exhibit "A", and to draw such quantities of water 27 therefrom as City may deem necessary for a period of seven years 28 from and after the date hereof, including the right to construct, 29 install, maintain, repair, and operate such pumps, pumphouses, .30 equipment,and pipelines as may by said City be required for 31 carrying out and enjoying the rights and privileges granted here- 32 under, together with the right of ingress and egress thereto and I K 3 4 5 6 W P1 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 29 30 31 32 therefrom over, on, throughs under, and across the following described property: A strip of land 10 feet in width lying 5 feet on either side of the following described center lines: Parcel No. 1: Beginning at a point Which lies South 30011 West 843.05 feet from the Northeast corner of Lot 4 of Manford Brown Little Ranches, a re -subdivision of Lot 14, Rancho' San Bernardo, recorded in Map Book 3, Page 90, of the Official Records of the County of San Luis Obispo, State of California; Thence North 860591 West, 505.40 feet and North 700541 West 61.51 feet. It being also understood that adequate and sufficient space shall be available for said purpose, including repair and servicing of said well. 2. All property and equipment, including but not limited to pumps and pumphouses, brought on said premises and used in connection with the use and operation of said well shall remain the property of City; provided that pipeline described as 4" A.C. pipe and 6" A.C. pipe installed on Owner's property and con- necting said well with existing City water system shall remain thereon as property of Owner. 3. During the period of time this agreement remains in effect, City agrees as follows: a. To make available from said well for Owner's use, free of charge, water for domestic use and minor irrigation water not to exceed fifty (50) gallons per:minute. b. To provide metered domestic water from any City main for a maximum of five houses not on well site property. Such agreement shall remain in effect until such time as it becomes uneconomical, in the opinion of the City, to operate said well; provided that, in the event City determines that*it is not 'able to operate said well economically, or if the well -2- I becomes contaminated to such a degree that the water is deter- 2 mined to be unfit for human consumption by.the Health Department 3 of the State of California, City may, at its option, elect to 4 drill at a location as may be mutually agreed by the parties 5 hereto and install a second well or cancel this agreement and 6 payments accruing, subsequent to the cancellation of this 7. agreement, from the said well or wells drilled by the City. If 8 the City drills another well, Owner shall grant the right and 9 privilege to City to drill, construct, and install said second 10 well, including such additional rights and privileges with 11 respect thereto as have been granted hereunder with respect to 12 the said existing well, and all the provisions herein contained 13 relating to said existing well shall be applicable to said 14 second well. 15 In the event the city determines to cancel this agreement 16 and payments accruing, subsequent to the cancellation of this 17 agreement, from said well or wells drilled by the City, then the 18 City agrees to return said well to the Owner as provided for in 19 Paragraph 5 of this agreement and remove all City equipment from 20 said well and make no further use of said well until such time 21 as a new agreement is made between City and Owner. 22 4. During the period of time that this agreement is in 23 effect, City agrees to pay to Owner at the rate of Twelve Hundred 24 Dollars ($1200.00) per year for the use of s aid well, payable in 25 monthly installments of One Hundred Do llars ($100.00) to Robert 26 M. Ashurst or his ad ministrators, executors, or assignees. 27 5. City agrees to return said well, at the termination of 28 this agreement, in as good structural condition as it is now, 29 -normal use and damage from causes not arising out of the use 30 thereof by City excepted; provided that City makes no warranty or 31 reoresentation relative to quantity or quality of water. 32 6. City agrees to save harmless Owner from all liability 11 -3- 11-11 , 11 0 0 I and damage resulting from City's use and operation of said well, 2 including any construction, installation, maintenance, and 3 repair authorized to be made hereunder. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set 5 their hands the day and year first above written. 7 CITY OF MORRO BAY 8 Dated 12- FRED R. DONOHOO, Mayor 9 10 ATTEST: 12 M—I/ WARDEN, City CleFk- 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 OWNER ,ROBERT M. ASHURST 9EIC Revisions Siprova s Description By Date Director of Public Works Change Name a Add Data W.T. B. GjEC 12-3-76 city Engineer j7. 12-3-76 OLD H G H WA Y ONE 6 4 20. Jr 0 Co Li,p 0 0 R. M. Ashurst D.R. Ashurst V Ashufsit (1085/447 O.R.)A' Delmar Roy Ashurst dba Roandoak of God (18271146 O.R) PARCEL 2 PARCEL I I STATE WELL NO. 29S/1 IE- 32JG--- STATE WELL NO. 29S/IIE-32K2-,A(;, 00 10, (City Well No. 9A) 0 (D in 1 (City Well No. IDA) ,4- �66Fhesq III L 11 Z L7 L -4.95' CITY OF MORRO BAY Scale: DEPARTMENT OF PUBLIC WORKS WATERLINE a WEL L S I T E 100, Drawing No. Ashurst) Exhibit "A" 'EASEMENT K Va.je,., 1 11/15/68 0 0 RESOLUTION NO.4-76 RESOLUTION COMMENDING MR. LEE A. BALATTI T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS,,Mr. Lee Balatti has been employed as Manager of The Pacific Telephone and Telegraph Company in the City of San Luis Obispo since June, 1930; and WHEREAS, Mr. Balatti, through his company, has served the citizens of this community faithfully and well during the past forty-five years. HOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, does hereby commend the work of Lee A. Balatti as an employee of The Pacific Telephone and Telegraph Company and congratulates him upon his retire- ment; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to The Pacific Telephone and Telegraph Company in San Luis Obispo. On motion made by Councilman Jennings and seconded by Councilman Mitchell , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jenninqs, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: January 26, 1976 FRED R. DONOHOO, Mayor ATTEST: M4/L. WARDEN, City Clerk 0 0 RESOLUTION NO. 3-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION 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 Art Association, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf of the City of Morro Bay. on motion by Councilman jennings and seconded by Councilman Mitchell , 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 Mavor Donohoo NOES: None ABSENT: None ADOPTED: January 12, 1976 — -;�e-74y- FRED R. DONOHOO, Mayor ATTEST: MTdRRAY ly. WARDEN, City Clerk 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 USE PERMIT AGREEMENT The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Morro Bay Art Association (hereinafter called PERMITTEE) the right to use, on the terms and conditions hereinafter set forth, that property of the City of Morro Bay located within the City limits of the City of Morro Bay, County of San Luis Obispo, State of California, and described as that portion of Block 1, Town of Morro, known as Morro Bay City Park, lying between Morro Bay Boulevard and Harbor Street in'the City of Morro Bay (hereinafter called SAID PROPERTY). 1. The right and privilege granted to PERMITTEE pursuant to this Use Permit Agreement shall become effective between the hours of 12:01 a.m. on Saturday, May 29, 1976, and 11:59 p.m. on Monday, May 31, 1976; and between the hours of 12:01 a.m. on Saturday, July 3, 1976 and 11:59 p.m. on Monday, July 5, 1976; and between the hours of 12:01 a.m. on Saturday, September 4, 1976 and 11:59 p.m. on Monday, September 6, 1976. 2. PERMITTEE shall use SAID PROPERTY for the purpose of conducting an outdoor arts and crafts show, and for no other purpose. PERMITTEE.may display such exhibits on SAID PROPERTY as PERMITTEE deems necessary for such purpose, provided however, tha all rules, regulations, resolutions, and ordinances of the City o Morro Bay or any department thereof, including by way of illustra tion but not limitation, fire and safety orders, rules, regulatic 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 condi- I tion as when it was originally received by PERMITTEE, reasonable 2 wear excepted. 3 4.a This Use Permit Agreement is granted to PEP14ITTEE upon 4 Ithe express condition that PEP14ITTEE shall keep and hold the CITY 5 11free from all liability, expense, and claim for damages by reason 6 11of any injury or death to any person or persons, including 7 11PERMITTEE, or property of any kind whatsoever and to whomsoever 8 11belonging, including PEMMITTEE, from any cause or causes whatso- 9 11ever during the term of.this Use Permit Agreement or any extension 10 11thereof or any occupancy or use hereunder; PEP141TTEE hereby coven- 11 anting and agreeing to indemnify and save CITY harmless from all 12 liability, loss, cost, and obligations on account of or arising 13 out of any such injuries or losses howsoever occurring. 14 4.b PERMITTEE agrees to take out and keep in force during 15 * Ithe life hereof, at PER14ITTEE'S expense, liability Insurance to 16 protect against any liability to any person or persons, includincr 17 PERMITTEE, resulting from any occurrence in or about or incident 18 to SAID PROPERTY and appurtenant areas in the amount of $100,000 19 to indemnify against the claim of one (1) person; $300,000 for 20 1property damage. Said policies shall insure the liability of 21 11PERMITTEE and the liability, contingent or otherwise, of CITY and 22 such other persons, firms or corporations as may be designated 23 by CITY. If PEW4ITTEE.does not keen such insurance in full force 24 and effect, this Use Permit Agre ement may be immediately termina- 25 ted. PERMITTEE shall provide CITY with copies and certificates 26 f all of said policies including endorsements which state that 27 such insurance shall not be cancelled except after ten (10) days ^S prior written notice to CITY. Each such policy shall be approved 29 as to form and insurance company by CITY. 30 4.c Any insurance policy insuring PERMITTEE against claims, 31 xpense, or liability for injury or death to person or property in 32 r about SAID PROPERTY shall provide that the insurer shal 1 not 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28- 29 acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to the occurrence of the 1( PERZMITTEE hereby waives any right of recovery against CITY for an . y 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. 6a. PEP14ITTEE shall limit the total number of exhibitors to eighty-five (85) and agrees.to collect such individual exhibitor's business license fees as established by City and to deliver said fees to the City during the first working day following the last day of the exhibition. b. PERMITTEE agrees to encourage participation by artists who.are residents of the City of Morro Bay and to permit said artists to exhibit their own arts and.crafts at Art Association sponsored shows. C. PERMITTEE further agrees to screen all applicants in order to assure the highest quality of works exhibited. d. PERMITTEE also agrees to accept and display professional signs as may be desired by local art galleries and craft shops. Said signs shall be no larger than two feet by two feet '(2' x V) and will not be placed on any permanent structure within the park and will not be posted until the first day of the exhibit and shall be removed immediately upon completion of the exhibit. 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. 30 ------- 31 ------- 32 ------ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF MORRO BAY Dated: FRED R. DONOHOO, Mayor ATTEST: M. L.,WARDEN, City Clerk 0 9 RESOLUTION NO. 2-76 RESOLUTION OF INTENTION TO VACATE WILLIAMS BROTHERS ALLEY AND SETTING DATE FOR HEARING T H E C I T Y C 0 U N C I L City of Morro Bay, California RESOLVED, that the City Council of the City of Morro Bay intends to vacate the Williams Brothers alley reserving an easement for utilities pursuant to Government Code @50430 - vacation of easement - et seq. Said area and said utility easement are described on Exhibit "A" attached hereto and by this reference made a part hereof. For further particulars as to the proposed vacation of alleyreference is made to a map on file in the office of the City Clerk of the City of Morro Bay. BE IT FURTHER RESOLVED that the Morro Bay City Council will hold a public hearing on Monday, January 26, 1976, at 7:30 p.m. in the Morro Bay Recreation Hall, Morro Bay, California, to consider the matter of vacation of such easement and reserving a utility easement, 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 alley abandonment; and BE IT FURTHER RESOLVED that the City Clerk be directed to cause a notice of public hearing to be published once each week in the Sun -Bulletin, a newspaper of general circulation, for two successive weeks prior to hearing and to post notice of intention to vacate said alley along said alley at intervals of 300 feet or less, at least ten days before the date set for said hearing. on motion made by Councilman Jennings and seconded by Councilman Mitchell , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: January 12, 1976 FRED R. DONOHOO, Mayor ATTEST: MURXAY L I / WARDEN, City -Clerk 0 RESOLUTION NO. 1-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH MARY C. BATTEIGER FOR LEASE SITES NO. 51 AND 51W T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by Mary C. Batteiger to extend the lease on Lease Sites No. 51 and 51W for a ten year period commencing February 1, 1976; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease by an additional ten years under the same conditions as existing in the original lease; and WHEREAS, it is in the public interest that the approval of an amendment to the basic lease between Robert R. Batteiger and Mary C. Batteiger and the City of Morro Bay, as successor to the County of San Luis Obispo, granting this extension be approved: NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to the Amendment to Lease for Lease Sites No. 51 and 51W extending this lease for an additional ten year period commencing on February 1, 1976; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment to Lease on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Mitchell, 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: January 12, 1976 ATTEST: 7. M. L' WARDEN, City Clerk . Ar--'t-A� xo��� FRED R. DONOHOO, Mayor AMENDMENT TO LEASE it is hereby agreed by and between'the City of Morro Bay, 4 municipal corporation, as successor to the County of $an Luis Obispo, LESSOR, and Mary C. Batteiger, LESSEE, that that certain lease entered into on the 23rd day of Januaryf 1961, between said County as LESSOR and Robert R. Batteiger and Diary C. Batteiger as LESSEES, concerning Lease Sites No. 51 and 51W, more particul- arly described in said lease, is hereby amended in the following particulars only: (1) City of Morro Bay, a municipal.corporation, is hereby substituted in the place and stead of County of San Luis Obispo, a political subdivision, as LESSOR; and whereever the term "County" appears in said lease, the word "City" is substituted therefor. (2) Mary C. Batteiger is hereby substituted in the place and stead of Robert R. and Mary C. Batteiger as LESSEE and wherever the term LESSEE appears in said lease, it is intended to mean Mary C. Batteiger. (3) The term of this lease is extended for a ten (10) year period, commencing February 1, 1976 and expiring without notice at the close of business on January 31, 1986. (4) It is mutually agreed by and between City and LESSEE that the appraised value of said leasehold improve- ments, as determined in compliance with the terms of the basic lease, is $10,600 for the five year period beginning February 1, 1976. (5) Each and all of the other termsi provisions, and conditions of said lease, except as expressly modified above, remain in full force and effect. Amendment to Lease Page TWo This amendment to lease of real property is authorized by Resolution No. /-7(,, of the Morro Bay City Council dated -JR/UL)t9P-k/ /�21 /97(�- DATED C ITY OF MORRO BAY ATTEST: MU�RAY/L. WARDEN, City Clerk FRED R. DONOHOO, Mayor. LESSEE MARY C/BATTEIGER 61