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HomeMy WebLinkAboutResolution 01-88 to 69-88RESOLUTIONS - 1988 NUMBER TITLE ADOPTED 63-88 RESOLUTION APPROVING MONTH -TO -MONTH CONTINUATION OF EXTEN- SION OF DIAL -A -RIDE TRANSIT OPEATIONS AGMT WITH LAIDLAW TRANSIT, INC. 06-27-88 64-88 RESOLUTION ADOPTING A BUDGET & MAKING APPROPRIATIONS FOR FY 88-89 06-27-88 65-88 RESOLUTION RELATING TO THE CLASSFICIATION, COMPENSATION, & TERMS OF EMPLOYMENT OF EXECUTIVE EMPLOYEES 06-27-88 66-88 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION INITIATIVE MEASURES TO PROHIBIT A GAZEBO IN MB "CITY" PARK, AND TO REZONE "PINEY WAY VILLAGE" PROPERTY 06-27-88 67-88 RESOLUTION RELATING TO THE CLASSFICATION, COMPENSATION & TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES 06-27-88 68-88 RESOLUTION ANNOUNCING FINDINGS & GRANTING AN APPEAL TO PLAN.COMM. DENIAL OF CUP 39-86 (CONCEPT PLAN) & APPROVING CUP FOR REMOVAL OF SEVERAL EXISTING VISITOR SERVING USES LOCATED ON CITY LEASE SITES & REPLACEMENT WITH INTEGRATED COMMERCIAL VISITOR SERVING PROJECT: Morro Bay Marina; LS 711-77W 06-27-88 69-88 VOID U/-11- 71-88 RESOLUTION OF INTENTION TO VACATE PUBLIC'S RIGHT TO USE A PORTION OF NAPA AVENUE FOR STREET PURPOSES 7-11-88 72-88 RESOLUTION RE: MOU - MISCELLANEOUS EMPLOYEES 07-11-88 73=88 RESOLUTION RE: MOU - CONFIDENTIAL EMPLOYEES 07-25-88 74-88 RESOLUTION STATING COMMITMENT TO ALLOCATE FUNDS FOR TWIN BRIDGES REPLACEMENT PROJECT 07-25-88 75-88 RESOLUTION CONFIRMING REPORT RE: W ABATMENT PROCEDURES & MAKING ASSESSMEMENTS 07-25-88 76-88 RESOLUTION PETITIONING THE VERNOR OF THE STATE OF CALIFORNIA TO NOMINATE M 0 BAY FOR THE,NATIONAL ESTUARY PROGRAM 07-25-88 77-88 RESOLUTION ANNOUN NG FINDINGS & APPROVING A SIGN EXCEPTION PERM - MITCHELL, 500 EMBARCADERO 07-25-88 78-88 RESOLUTIO DOPTING 1988-91 AGREEMENT FOR ANIMAL CON- TROL S ICES WITH COUNTY OF SLO 07-25-88 79-88 R LUTION VACATING PUBLIC'S RIGHT TO USE A PORTION OF PA AVENUE FOR STREET PURPOSES 08-08-88 RESOLUTIONS - 1988 6 NUMBER TITLE ADOPTED 48-88 RESOLUTION ADOPTING THE 88/89 MASTER FEE SCHEDULE 05-23-88 49-88 RESOLUTION APPROVING APPLICATION FOR LAND & WATER CON- SERVATION FUNDS, TIDELANDS PARK RECREATIONAL PHASE PROJECT 05-23-88 50-88 RESOLUTION GRANTING AN APPEAL & MODIFYING PLAN.COMM. CONDITIONS OF APPROVAL FOR A VARIANCE TO ALLOW TANDEM PARKING: James Skaff, 458 Fresno Ave. 05-23-88 51-88 RESOLUTION AMENDING RESOLUTION NO. 95-87 IN ITS ENTIRETY & ANNOUNCING FINDINGS & RECOMMENDING A GENERAL PLAN & COASTAL LAND USE PLAN AMENDMENT & CORRESPONDING CHANGE OF ° ZONE FOR CERTAIN DESCRIBED PROPERTIES; James Merson, Corner Ironwood Ave. & Sequoia Court 05-23-88 52-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT ON A PORTION OF LEASE SITE 71, & ADDING & DELETING PERMITTED USES ON LEASE SITE 71-72W 05-23-88 53-88 RESOLUTION ESTABISHING NEW WATER & SEWER AVAILABILITY CHARGES FOR THE VARIOUS CITY WATER ALLOCATION PROGRAMS 06-13-88 54-88 RESOLUTION ESTABLISHING USER RATES & RELATED FEES & DEPOSITS FOR SEWER SERVICES 06-13-88 55-88 RESOLUTION ESTABLISHING USER RATES & RELATED FEES & DEPOSITS FOR WATER SERVICES 06-13-88 56-88 RESOLUTION SUPPORTING STATE LEGISLATIVE REFORM OF THE CALIF. WORKERS COMPENSATION SYSTEM (SB 323) 06-13-88 57-88 RESOLUTION REJECTING ALL BIDS ON WATERLINE REPLACEMENT PROJECT NO. 87-10 06-13-88 58-88 RESOLUTION ANNOUNCING FINDINGS & DIRECTING THE COMM. DEV. DIRECTOR TO GRANT ADMINISTRATIVE EXCEPTIONS TO THE PARKING STANDARDS OF THE MUNICIPAL CODE FOR 2 YEARS IN DOWNTOWN 06-13-88 59-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING AN INTERIM USE PERMIT & COASTAL DEVELOPMENT PERMIT FOR MINOR IMPROVEMENTS TO AN EXISTING RECREATIONAL VEHICLE PARK & CAMPGROUND; Morro Dunes RV, 1700 Embarcadero 06-13-88 60-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING AN INTERIM USE PERMIT & COASTAL DEVELOPMENT PERMIT FOR MINOR PARK FACILITY IMPROVEMENTS TO LILA KEISER PARK 06-27-88* 61-88 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION, & TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY 06-13-88 62-88 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LS 62/62W (HITTLE'S LANDING) FROM ROBERT E. & MARILYN HITTLE TO ROBERT J. OBRIEN 06-27-88 *Adopted out of sequence • r RESOLUTIONS - 1988 NUMBER TITLE ADOPTED 32-88 VOID (San Bernardo Creek Ballot Issue) 33-88 RESOLUTION DIRECTING THE PROHIBITION OF ON -STREET PARKING IN THE VICINITY OF THE INTERSECTION OF QUINTANA ROAD & KENNEDY WAY 04-25-88 34-88 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION A MEASURE AMENDING SECTION 17.50 OF THE ZONING ORDINANCE CREATING AFFORDABLE HOUSING DENSITY BONUSES & INCENTIVES O4-25-88 35-88 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION AN INITIATIVE MEASURE ESTABLISHING AFFORDABLE SENIOR HOUSING DENSITY BONUSES & OTHER INCENTIVES O4-25-88 36-88 RESOLUTION RESCINDING RESOLUTION NO. 55-81, & AUTHORIZING THE ADJUSTMENT & SETTLEMENT OF CLAIMS AGAINST THE CITY 05-09-88 37-88 RESOLUTION AWARDING BID NO. PW 88-112 FOR ONE NEW 1-TON TRUCK WITH UTILITY BODY 05-09-88 38-88 RESOLUTION AWARDING BID NO. PW 88-113 FOR WATERLINE MATERIALS & FIRE HYDRANTS 05-09-88 39-88 VOID (Growth & water managment ballot issue) 40-88 RESOLUTION AWARDING RFP NO. PW 88-120 TO UPDATE THE CITY OF MB TRANSPORTATION DEVELOPMENT PLAN, 1988-1993 05-09-88 41-88 RESOLUTION AWARDING BID NO. PW 87-11 FOR WEED ABATEMENT MOWING TO JACK R. BRIDWELL OF ATASCADERO, CA 05-09-88 42-88 RESOLUTION REJECTING BIDS & STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO PW 87-10 43-88 RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD 11-8-88 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS, & REQUESTING THE BOARD OF SUPERVISORS OF SLO COUNTY TO CON- SOLIDATE SAID ELECTION WITH STATEWIDE GENERAL ELECTION TO BE HELD, & OTHER ELECTION MATTERS AS REQUIRED BY LAW 05-09-88 44-88 RESOLUTION ADOPTING A STORM DRAIN MASTER PLAN FOR THE CITY OF MB. 05-09-88 45-88 RESOLUTION REJECTING BID ON PROJECT PW 87-09, POLICE STATION RENOVATION 05-09-88 46-88 VOID (Police station remodel negotiations) 47-88 RESOLUTION APPROVING APPLICATION FOR FUNDING FROM GENERAL ALLOCATION OF CDBG PROGRAM FOR HOUSING REHAB PROJECT 05-09-88 RESOLUTIONS - 1988 NUMBER TITLE ADOPTED 17-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING A CONDI- TIONAL USE PERMIT TO ALLOW ADDITIONAL USES IN DEL MAR PARK 03-14-88 18-88 RESOLUTION AWARDING INTERIOR DESIGN & PURCHASING SERVICES CONTRACT FOR MB COMMUNITY CENTER TO INTERIOR PLANNING RESOURCE 03-14-88 19-88 RESOLUTION ACCEPTING DONATION OF UP TO $50,000 FROM MR. WALTER AXELSON FOR PAVING OF KERN AVENUE 03-28-88 20-88 RESOLUTION AUTHORIZING THE EXECUTION OF A REVISED GRANT DEED FOR PURCHASE OF REAL PROPERTY LOCATED AT MORRO ELEMENTARY SCHOOL (COMMUNITY CENTER) 03-28-88 21-88 RESOLUTION DECLARING WEEDS A NUISANCE & FIRE HAZARD & AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT 03-28-88 22-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT ON LEASE SITES 129W-133W 03-28-88 23-88 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION A MEASURE TO AMEND THE BUSINESS LICENSE TAX PROVISIONS TO PROVIDE FOR AUTOMATIC ANNUAL ADJUSTMENTS 03-28-88 24-88 RESOLUTION AUTHORIZING RECORDATION OF AGREEMENT BETWEEN CLARICE E. RIGHETTI & THE CITY OF MORRO BAY 03-28-88 25-88 RESOLUTION APPROVING CITY OF MB LOCAL TRANSPORATION FUND & STATE TRANSIT ASSISTANCE CLAIMS FOR FY 88-89 04-11-88 26-88 RESOLUTION APPROVING ASSIGNMENT OF LS 82-85/82W-85W FROM CABRILLO ENTERPRISES TO ROSE'S LANDING INC. A CALIFORNIA CORPORATION 04-11-88 27-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT OF PORTIONS OF LS 80-81W TO MORRO BAY SEAFOOD, & APPROVING AN ADDENDUM TO MASTER LEASE AGREEMENT 04-25-88 28-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT OF LS 71 04-11-88 29-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT OF LS 73 04-11-88 30-88 RESOLUTION OPPOSING ENACTMENT OF AB 2802 (CABLE TV) 06-13-88* 31r88 RESOLUTION AUTHORIZING PUBLIC AREA USE PERMIT NO. 207 FOR SPECIAL HARBOR USE BY CAL POLY CREW TO HOLD A REGATTA ON APRIL 23, 1988 04-11-88 * Adopted out of sequence. • RESOLUTIONS - 1988 • NUMBER TITLE ADOPTED 01-88 RESOLUTION DECLARING MORRO BAY AN OFFICIAL PORT -OF - CALL FOR THE REVENUE CUTTER CALIFORNIAN 01-11-88 02-88 RESOLUTION ENDORSING THE "GOVERNMENT SPENDING LIMITA- TION AND ACCOUNTABILITY ACT" INITIATIVE ON THE JUNE 1988 BALLOT '01-11-88 03-88 RESOLUTION SUPPORTING THE VISIT OF THE GOLDEN HINDE & WAIVER OF DOCKAGE FEES 01-25-88 04-88 RESOLUTION ANNOUNCING FINDINGS RE: SECOND POLE SIGN - HEMPENIUS 02-08-88* 05-88 RESOLUTION ANNOUNDING FINDINGS & RECOMMENDING ADOPTION OF PRELIMINARY GENERAL PLAN FOR ATASCADERO STATE BEACH 01-25-88 06-88 RESOLUTION ACCEPTING OFF -SITE IMPROVEMENTS, TRACT 1028, ACCEPTING OFFER OF DEDICATION OF STORM DRAINAGE EASE- MENT, AUTHORIZING NOTICE OF COMPLETION 02-08-88 07-88 RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDING OF A FISH CLEANING STATION AT TIDELANDS PARK 02-08-88 08-88 RESOLUTION DENYING APPEAL RE: CUP 41-88 (AMENDED) FOR A VACUUM TYPE FISH OFFLOADING DEVICE (ORVAL LEAGE; LEASE SITE 35W-36W) 02-08-88 09-88 RESOLUTION ESTABLISHING NEW WATER & SEWER AVAILABILITY CHARGES FOR VARIOUS CITY WATER ALLOCATION PROGRAMS" 02-22-88 10-88' VOID (sublease request) 11-88 RESOLUTION ADOPTING A WATER ALLOCATION PROGRAM FOR 1988 & SETTING FORTH THE ANNUAL 1988 PROGRAM & OPEATING GUIDE- LINES FOR NEW RESIDENTIAL, NEW COMMERCIAL, & NEW INDUSTRIAL DEVELOPMENT 02-22-88 12-88 RESOLUTION APPROVING NEW 29 YEAR 9 MONTH LEASE & SETTLEMENT AGREEMENT FOR LEASE SITES 62-62W WITH DR. ROBERT E. & MRS. MARILYN HITTLE 02-22-88 13-88 VOID (Wildlife Bond Act support) 14-88 RESOLUTION AUTHORIZING FILING OF AN APPLICATION WITH THE STATE WATER RESOURCES CONTROL BOARD TO APPROPRIATE WATER FROM THE UNDERFLOW OF CHORRO CREEK (DOMENGHINI FLAT) 03-14-88 15-88 RESOLUTION AUTHORIZING APPLICATION FOR SAFE DRINKING WATER BOND LOAN FOR WATER TREATMENT PLANT 03-14-88 16-88 RESOLUTION ANNOUNCING FINDINGS & RECOMMENDING ADOPTION OF PRELIMINARY GENERAL PLAN FOR MORRO BAY STATE PARK 03-14-88 0 ire /9 SY ;p4�3 - 6 g t • MORRO BAY MARINA • Lease Site 71-77W RESOLUTION NO. 68-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CUP 39-86 (CONCEPT PLAN) AND APPROVING OF SAID CONDITIONAL USE PERMIT FOR THE REMOVAL OF SEVERAL EXISTING VISITOR SERVING USES LOCATED ON CITY LEASE SITES AND REPLACEMENT WITH AN INTEGRATED COMMERCIAL VISITOR SERVING PROJECT 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, California, did on the 18th day of April, 1988 hold a duly noticed PUBLIC HEARING after which it approved a Final EIR, and denied without prejudice, a Conditional Use Permit to allow a new commercial complex on City lease sites between the Embarcadero and the ends of Pacific and Marina Streets in the WF/PD zone (Case No. CUP 39-86); and, WHEREAS, on May 3, 1988 the applicant did appeal the Planning Commission's action; and WHEREAS, the City Council of •the City of Morro Bay, California, on the 9th and 23rd days of May and 13th day of June 1988 held duly noticed PUBLIC HEARINGS on said appeal; and WHEREAS, at the PUBLIC HEARING of May 23rd, after considering the Final Environmental Impact Report, and the testimony both written and oral, of all persons wishing to testify, the City Council did find the Final EIR adequate and complete and did certify the Final EIR; and WHEREAS, at the PUBLIC HEARING of June 13th, 1988, after considering the staff reports, and testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons to justify the granting of said appeal and approval of CUP 39-86: 1. The use requested is properly one for the WF/PD zone, and is consistent with the policies and objectives of the Morro Bay General Plan and Certified Local Coastal Program to wit; In accordance with the provisions of section 17.36 of the Morro Bay Municipal Code the proposed project qualifies as a Planned Development project and may vary from the normal standards of the base zoning district concerning height limitations because the project provides extraordinary public benefits including outstanding architectural design, unusual levels of public shoreline access, and public open space, and reserves space for coastal dependent priority uses. City Council Resolution No. 68-88 Page Two 2. The conditions of approval will insure that the use will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this proposed use; 3. The conditions of approval will insure that the use will not be injurious or detrimental to property and improvements int he neighborhood or general welfare of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby grant the appeal of Stan Trapp. 3. That the Council does hereby approve Case No.CUP 39- 86(Concept Plan), subject to the conditions attached hereto and made a part of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of June, 1988, by the following vote to wit: AYES: Donnelly, Lemons Reddell NOES: Odell, Sheetz ABSENT: None rE RED L,—Mayor---_____ EH UAV city er CONDITIONS OF APPROVAL Case No. CUP 39-86 (Concept Plan) STANDARD CONDITIONS 1. This Conditional Use Permit No. 39-86 (Concept Plan), is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions stated herein. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. Conditions of Approval Page 2- SPECIAL CONDITIONS 0 CUP 39-86 (Concept Plan) 7. Applicant shall submit, prior to precise plan approval, estimates of water supply requirement for domestic and fire - flow purposes so staff may determine if the existing water system can provide the required flows. Prior to final occupancy approval, any improvements to the water system required as a result of this project, including additional fire hydrants, shall be constructed by the applicant at no cost to the City. 8. Applicant shall submit, prior to precise plan approval, estimates of sewer system demand so staff may determine if the existing sewer system is adequate to serve the proposed project. Any improvements to the sewer system required as a result of this project shall be constructed by the applicant at no cost to the City, prior to final occupancy approval. 9. Applicant shall install, prior to final occupancy approval, handicap ramps and reconstruct existing driveways and sidewalks in the public right-of-way in accordance with City Standard Drawings and Specifications at no cost to the City. The EZIt—(p. 6- recommences si-dewaI"ks should be a minimum of ten feet wide with more liberal width preferable. The Draft Circulation Element recommends both eight feet and ten— eef aw the sta—n and for sidewalks on the Embarcadero. 10. Applicant shall provide off-street loading areas for commercial deliveries at each end of the project off the Embarcadero at no cost to the City. Applicant shall restrict commercial deliveries to time outside peak traffic hours. If the plan for off-street loading areas results in a loss of existing public parking spaces, such spaces shall be made up at other locations as part of the project's overall parking program. 11. Applicant shall submit, prior to precise plan approval, detailed engineering drawings of on -site drainage improvements for the project. This shall include calculations demonstrating the drainage facilities will be adequate to pass peak flows from a 25-year storm. Any drainage systems emptying into Morro Day shall be fitted with grease traps. 12. Applicant shall submit, prior to precise plan approval, detailed engineering drawings showing repairs and construction proposed for the revetment and dock area, and after approval by the Director of Public Works, shall obtain all necessary permits for said repairs and construction from the California Coastal Commission and U.S. Army Corps of Engineers. 1 Conditions of Approval CUP 39-86 (Concept Plan) Page 3 Prior to final occupancy approval applicant shall construct all said improvements and repairs at no cost to the City. (Revetment stability problems were identified at this site several years ago and requirements for repairs were deferred pending development of the subject project.) 13. Applicant shall pay fees to the City prior to final occupancy approval, for ,his proportionate share of the cost to improve intersections based on the project's contribution to increased traffic demands. The EIR (p. 6.3) indicates traffic volume increases as a percentage of existing traffic. Applicant shall submit prior to precise plan approval, engineering cost estimates for necessary improvements as indicated in the EIR and the City's Draft Circulation Element. and the fees shall be based on tliese esfimafes:— Embarcadero—Pacific 12.0% Embarcadero—Marina 7.0% Main St. —Marina 5.4% Main St. —Pacific 5.1% Main St. —Morro Bay Blvd. 4.3% Main St. —Harbor St. 1.5% Main St. —Beach St. 2.9% 14. Construction of public improvements, including work within the public right of way and the revetment and dock area will require plans to be approved and permits issued by the Department of Public Works. Applicant will further be required to post bonds for 150% of the estimated cost of construction of all said improvements and repairs. 15. Fire protection shall be provided as follows: a. Demolition of all structures shall be coordinated with the Fire Chief prior to the issuance of a demolition permit. b. Fire protection impact fees calculated at S.10 per square foot of the total floor area shall be paid to the City prior. to final occupancy approval. C. Provide capability for the Fire Department to draft water out of the Bay at Marina and Pacific Street ends; modify site plans prior to precise plan approval to " - demonstrate that the necessary fire access to the Bay is available. d. Building plans shall include the following provisions concerning fire protection and shall be approved by the Fire Chief prior to the beginning of construction. — all structures, including the platform, shall be protected with fire sprinklers in conformance with NPFA 13. Conditions of Approval CUP 39-86 (Concept Plan). Page 4 - Wood shake or .wood shingles shall not be permitted. All elevators shall be at least 80 inches diagonal. Provide 1 1/2 inch hose cabinets with 1 1/2 hose and plastic nozzles, as approved by the_Fire Chief along the dock. Sprinkler and alarm plans. 16.. Parking requirements shall be met through a combination of the payment. to the City of in -lieu parking fees, and Provision of off -site parking either within three hundred feet of the project pursuant to Municipal Code Section 17.33.090 or on an adjacent parcel on the north east corner of the intersection of the Embarcadero and Marina street. Prior to precise plan approval, the exact number of parking spaces required for the project shall be calculated based on the final site plans and in accordance with Municipal Code Chapter 17.44 provided, however, that the modified parking standards contained in the Draft Circulation Element of the General Plan shall be used in the calculations. Further the total amount of parking required shall be reduced by thirty two (32). parking spaces as credit for existing "grand - fathered" parking for uses previously in existence. The remaining parking requirement shall be met by payment to the City prior to issuance of building permits of an in -lieu fee of four thousand dollars ($4,000.00) for each required space. Further the applicant must sign a written agreement to be bound by, to participate in and to waive the right to protest any area -wide parking management district or special assessment district for parking created or formed in the future by the City. In addition, a paved parking lot within three hundred feet of the project or upon that parcel on the north east corner of the intersection of the Embarcadero and Marina Street, with approximately 18 parking spaces, shall be developed and Placed in use as exclusive parking for the project for a period of not less than four years from the date of issuance of a certificate of occupancy. These eighteen 'spaces are not subtracted from the total number of spaces required and for which Applicant shall pay an in -lieu fee. A parking agreement as approved by the City Attorney shall be executed by Applicant with the City containing these conditions and agreements prior to the approval of Applicant's Precise Plan, 17. The approved project design shall.be as shown in attachment A. The maximum height of the for all structures shall be 26 feet, except for the elevator tower which shall not exceed 29 feet in heightv nor exceed the minimum width necessary to; house the elevator upwards from the base of the second floor. Conditions of Approal CUP 39-86 (Concept P1an7 Page 5 18. Public restrooms on the ground floor shall be available for general public use during normal business hours and during evening hours when the restaurant is open. Appropriate signing shall be provided indicating the location of the restrooms. The restrooms shall be maintained and available for public use at no cost to the City. 19. Permanent public access shall be maintained to and along the decking on the bay side of the project from the Pacific and Marina Street ends and through the center of the site as indicated on the proposed site plan. This public access shall be identified by signs and made available for public use at all times and shall be maintained in a safe condition at no cost to the City. Formal agreements securing such public access shall be approved by the City and accepted by the Executive Director of the Coastal Commission, and signed by the applicant prior to final building occupancy approval. 20. Detailed plans for landscaping, signing, exterior building materials and colors, lighting, trash enclosures benches and seating, railings and any other exterior improvements shall submitted prior to precise plan approval. 21. Applicant shall obtain a sign permit prior to the installation of any signs on the site. 21. Water saving devices shall be required throughout the project and shall be approved by the Chief Building Inspector. 22. Applicant shall obtain, prior to issuance of building permits, any necessary water awards and approvals of water equivalencies by the City. 23. All on -site utility service and distribution lines shall be installed underground. 24. If any private improvements are proposed in the public right-of-way, Special Encroachment Permits from the city shall be obtained prior to issuance of Building Permits. 25. Not less than twenty percent (20%) of the project's total floor area shall be devoted to coastal dependent or coastal related land uses. At least ten percent (10%) of such area shall be made available for use as a marine research facility for which the City shall be the agency responsible to locate and negotiate with a tenant for such facility. Applicant shall be entitled to reduced rent for such marine research facility in the same proportion as the rent charged to the marine research facility is to the rate charged for other space within the project. Applicant shall execute and addendum to his lease, as approved by the City Attorney, reflecting these conditions and restrictions on the use of the lease site. e 01 ,�$f�? 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RT 'tom-fv/_— I� /_ � 1: � _ •� �� �,,�!I:I�I; 1 tip.. € � !� -•`\ I. ;%" . _ i �,. � .'.'r,� I �:• �.I :,�\ i Vim.,. .�rj�;I�I I.I:� 'L `\av 1. - x---�,�- u J I 0 RESOLUTION NO. 67-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 35000 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith with the representatives of the Morro Bay Fire Fighters pertaining to the subject of wages, benefits, and conditions of employment for the fire fighter employees of the City; and WHEREAS, the meetings between the Morro Bay Fire Fighters and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said changes in benefits to said fire fighter employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27th day of Jun 1988, by the following roll call vote. AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIRE FIGHTERS AND THE CITY OF MORRO BAY ARTICLE 1 - PREAMBLE WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit -making business; and WHEREAS, the Morro Bay Fire Fighters and the City of Morro Bay recognize that the mission and the purpose of the City is to provide high -quality and economical municipal services and facilities to the residents of the City of Morro Bay: THEREFORE, this Memorandum of Understanding is entered into as of 1 July 1988 between the City of Morro Bay, referred to as CITY, and the Morro Bay Fire Fighters, referred to as MBFF. It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - TERM The term of this Memorandum of Understanding shall be for the period beginning 1 July 1988 and ending 30 June 1994. If either party wants to renegotiate a successor agreement, such party shall serve upon the other during the period 1 February to 1 March of the last year in the term of this Agreement, its written request to begin negotiations as well as its written Proposals amending this agreement. Upon receipt of such written notice and proposals, negotiation shall begin no later than thirty (30) days after such receipt or 1 April, whichever is later. ARTICLE 3 - MBFF RECOGNITION Pursuant to the applicable provisions of the California Government Code, as amended, CITY does hereby recognize MBFF as the designated representative of the fire fighters of the City of Morro Bay for the purpose of meeting and conferring in good faith in respect to rates of pay, wages, hours and other terms and 3 conditions of employment except as otherwise provided herein, for all permanent fire fighteremployees of CITY who are members of the Fire Unit. During the first six (6) months of this Agreement there shall be an election held to determine the representative status of the MBFF. Such election shall be conducted by the State Conciliation Service with election rules mutually agreed to by the parties. ARTICLE 4 - MANAGEMENT The CITY retains all rights not specifically delegated by this agreement including but not limited to the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its work. Changes made pursuant to the Emergency clause shall only be in effect for the term of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the CITY and is expressly excluded from the grievance procedure. ARTICLE 5 - ANTI -DISCRIMINATION The parties agree they shall not discriminate against an employee on the basis of his/her membership or non -membership in the MBFF nor on the basis of age, race, religious creed, sex, color, national origin, marital status, ancestry or physical handicap. ARTICLE 6 - MBFF BUSINESS 6.1 Employee representatives designated by the MBFF shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the Municipal Employee Relations Officer and/or his designee on subjects within the scope of representation when such meetings are scheduled during regular working hours. Also, with prior approval of the Chief, the employee representative may have reasonable release time to prepare for "meet and confer" sessions. 6.2 It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and MBFF where exceptional circumstances warrant, the City Administrator may approve the attendance at such meetings of additional employee representatives. The MBFF shall, whenever practicable, Cd submit the names of all employee representatives to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further (1) that no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official; and (2) that any such meeting is subject to scheduling mutually agreed upon by the parties. 6.3 Nothing provided herein management from scheduling regular City or work hours. shall limit or restrict City such meetings before or after 6.4 Negotiations pursuant to Article 2, TERM, shall be conducted on neutral ground, unless there is mutual agreement otherwise. ARTICLE 7 - WITHHOLDING OF MBFF DUES AND INSURANCE 7.1 It is agreed that CITY will withhold MBFF dues and MBFF group insurance premiums and other deductions authorized by the City and the employee from the monthly pay of each permanent fire fighting City employee who is a member of the MBFF. CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. MBFF agrees to provide CITY with individual MBFF member authorizations signed by the individual MBFF member authorizing CITY to make agreed deductions; specifying the amount of each deduction; and authorizing CITY to issue a check, payable to MBFF for the collective amount of the individual deductions. CITY will issue a single check to the MBFF for the total amount of deductions withheld from the individual fire fighter's pay. The MBFF will be responsible for properly notifying CITY of any changes in deductions and will be the sole agent through which CITY will act in explaining, initiating, executing, or terminating the provisions of this Article. 7.2 MBFF shall indemnify and save harmless the City of Morro Bay, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this Article. 7.3 It is agreed that CITY will deposit payroll deductions made payable to the San Luis Obispo City and County Employee Credit Union providing the MBFF makes arrangements for such services that are acceptable to both members and CITY. ARTICLE 8 - WORK SCHEDULE 8.1 Guarantee This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or work per week or of days of work per week. 5 0 • 8.2 Workday The normal workday shall be a twenty-four (24) consecutive hour period, except in cases of emergency. 8.3 Workshift Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employee's workshifts shall not be changed without prior notice to the employee. Neither call out nor overtime shall constitute a change in workshift. 8.4 Workweek The normal workweek shall average fifty-six (56) hours of work in a seven (7) consecutive day period, except in cases of emergency. 8.5 Emergencies Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. ARTICLE 9 - MINIMUM STAFFING CITY agrees to provide minimum staffing of two full-time personnel except in cases of emergency as determined by the Fire Chief. ARTICLE 10 - LAYOFFS The parties agree to use the layoff procedure as set forth in 2.32.120 of the City of Morro Bay Municipal Code. ARTICLE 11 - FIRE ENGINEER RATING 11.1 It is recognized, in principle, as long as the full-time Unit personnel complement of the Morro Bay Fire Department remains at ten (10) or less, that efficient operation of the Department requires an increase in the authorized number of Fire Engineers. Accordingly, CITY agrees to promote to Fire Engineer all personnel classified as Fire Fighter provided that they have served for one (1) full year with the CITY in the Fire Fighter classification; that at the completion of one (1) full year of employment, they have been recommended by the Fire Chief for promotion and have demonstrated, through successful completion of written and practical examinations that they have successfully completed six semester units of Fire Science courses at an institution approved by the Fire Chief. The City shall make every effort to schedule the examination to be completed prior to the annual anniversary date. The content and passing grade of the written and practical examinations will be determined by the Fire Chief subject to the approval of the City Administrator. 11.2 An individual recommended for promotion, and failing to attain a passing grade in either the written or practical examination, shall not be eligible for reexamination until six (6) months after the date of failure. ARTICLE 12 - SALARIES 12.1 The CITY shall continue a plan whereby the CITY shall contribute up to seven (7) percent of an employee's salary on behalf of the employee to the PERS. The CITY contribution will be the employee's actual PERS obligation to a maximum of seven (7) percent. 12.2 These amounts paid by the CITY are employee contributions and are paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. The MBFF understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the current percentage made by action of the PERS or the state legislature. It is understood and agreed to by the parties that the CITY "Pick -UP" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, the PERS percentage pick-up will be added to the salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. Parties agree the CITY payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the MBFF and the employee hold harmless the CITY, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution. Should current tax treatment change, the MBFF shall have the opportunity to meet and confer regarding any such changes. 12.3 The parties agree that the employees in this unit shall receive the following percentage increases: July January 1988-89 2.5% 3% 1989-90 0 2% 1990-91 2.5% 3% 1991-92 0 3% 1992-93 3% 3% 1993-94 3% 3% 7 12.4 Annual salaries during the term of the Agreement shall be: CAPTAIN July 88 $26,431-$32,904 Jan 89 $27,224-$33,891 Jan 90 $27,768-$34,569 July 90 $28,462-$35,433 Jan 91 $29,316-$36,496 Jan 92 $30,195-$37,591 July 92 $31,101-$38,719 Jan 93 $32,034-$39,881 July 93 $32,995-$41,077 Jan 94 $33,985-$42,309 FIRE PREV SPEC ENGINEER $22,859-$28,688 $23,545-$29,549 $24,016-$30,140 $24,616-$30,894 $25,354-$31,821 $26,115-$32,776 $26,898-$33,759 $27,705-$34,772 $28,536-$35,815 $29,392-$36,889 ARTICLE 13 - VACATIONS AND HOLIDAYS FIREFIGHTER $21,706-$27,071 $22,357-$27,883 $22,804-$28,441 $23,374-$29,152 $24,075-$30,027 $24,797-$30,928 $25,541-$31,856 $26,307-$32,812 $27,096-$33,796 $27,909-$34,810 13.1 CITY and MBFF agree that difficulties exist in equating the work schedules of fire fighters to the work schedule of nonshift personnel, i.e., shift periods compared to hours and days worked by other City employees. Therefore, a formula is agreed to for computing the vacations and holiday periods for fire fighters. Such formula is agreed to be a ratio as follows: Fire fighter's total available shifts per year is to the general employees' total available work days per year (260) as X is to the number of authorized vacation and holidays days of the general employees; when X equals the amount of shifts off for fire fighters comparing fire fighters to employees of equal tenure. 13.2 Pursuant to Section 13.1, the following lists the vacation and holiday annual accrual schedule for members of the unit: SERVICE VACATION HOLIDAY TOTAL ANNUAL SHIFTS/ YEARS ACCRUAL ACCRUAL ENTITLEMENT YEAR 0 thru 2 112.0 hrs. 134.4 hrs. 246.4 hrs. 10.267 3 thru 4 123.2 hrs. 134.4 hrs. 257.6 hrs. 10.733 5 thru 6 134.4 hrs. 134.4 hrs. 268.8 hrs. 11.200 7 thru 8 145.6 hrs. 134.4 hrs. 280.0 hrs. 11.667 9 thru 10 156.8 hrs. 134.4 hrs. 291.2 hrs. 12.133 11 thru 12 168.0 hrs. 134.4 hrs. 302.4 hrs. 12.600 13 thru 14 179.2 hrs. 134.4 hrs. 313.6 hrs. 13.067 15 thru 16 190.4 hrs. 134.4 hrs. 324.8 hrs. 13.533 17 thru 18 201.6 hrs. 134.4 hrs. 336.0 hrs. 14.000 19 thru 20 212.8 hrs. 134.4 hrs. 347.2 hrs. 14.467 21 + 224.0 hrs. 134.4 hrs. 358.4 hrs. 14.933 13.3 There is no limit on the amount of unused vacation and holiday leave hours that may be accumulated by members of this unit; provided, however, that upon termination of employment with the CITY, a member of this unit shall receive pay for his/her current vacation leave balance up to a maximum of the employee's annual entitlement at his/her current base hourly rate. E 13.4 The following holidays are used in Section 13.2 above to determine TOTAL ANNUAL ENTITLEMENT. Employees may be scheduled to work on holidays. All employees shall be compensated for holidays as provided in 13.2 above. Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Day after Christmas New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday July 4 lst Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 December 26 January 1 February 12 3rd Monday in February Last Monday in May Varies 13.5 For any holiday proclaimed by the Mayor, employees shall be paid for 11.2 hours of work. Employees may be scheduled to work on such holidays. 13.6 Employees assigned to a 40-hour week schedule, shall earn vacation on the same basis as other similarly situated City employees. 13.7 If an employee's assignment is changed from 40-hours per week to 56-hours per week, or vice -versa, for a prolonged period, then the vacation accrual and use rate shall be changed to the appropriate rate. ARTICLE 14 - SICK LEAVE 14.1 It is agreed that the fire fighters will earn eight hours of sick leave per month. This is the equivalent of one normal shift of 24 hours. Effective 1 July 1991, there shall be no maximum number of sick leave hours that a member of this unit may accrue. 14.2 Illness causing absence for one shift will result in the loss of eight hours of sick leave. Illness causing absence of less than one full shift shall be charged at the rate of one hour sick leave for each three hours or fraction thereof of shift duty time. ARTICLE 15 - MEDICAL INSURANCE 15.1 HEALTH INSURANCE During the term of this Agreement, the City shall offer both indemnity and HMO medical insurance plans unless during the term of the Agreement the Employee Relations Committee recommends alternative plans and the recommendation is accepted by the City Council. 7 15.2 DENTAL INSURANCE During the term of this Agreement, the City shall offer dental insurance through a dental carrier, unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. 15.3 Effective 1 July 1988, the employees shall pay the following monthly premium rates for medical and dental insurance: HMO Plan M E D I C A L DENTAL Years of Service Employee +1 dep +2 dep All 0 - 2 0 $19.59 $32.47 $3.07 3 - 4 0 9.80 16.24 1.54 4+ 0 0 0 .0 Indemnity Plan 0 - 2 0 17.91 30.79 3.07 3 - 4 0 8.12 14.56 1.54 4+ 0 0 0 0 15.4 Any changes to the dependent portion of medical or dental Premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 15.5 The effective date of this Memorandum of Understanding shall also be the effective date of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions for members of this unit. It is agreed that the City's Employee Relations Committee shall explore the feasibility of retiree health care beyond COBRA time requirements. ARTICLE 16 -.EDUCATIONAL INCENTIVES 16.1 CITY agrees to pay the cost of tuition and books for members of Unit enrolled in Fire Science courses offered by accredited institutions and which have been approved by the Fire Chief and City Administrator. Hardback books for which CITY has paid will become CITY property and will be kept at Fire Department headquarters as a reference library from which books may be drawn for use in approved course work. 16.2 CITY will pay $25/month for possession of a College level Certificate of Achievement in Fire Science; and CITY will pay $50/month for possession of an AA Degree; or CITY will pay $100/month for possession of a BA Degree. W Such incentive pay shall be paid bi-weekly to employees who hold job -related degrees as determined by the department head and Personnel Officer. Employees who are receiving such incentive on 30 June 1983, shall continue to receive such incentive as computed above for the term of this agreement. If an employee is promoted to a classification that requires a degree, the employee shall not receive any education incentive pay for the required degree. ARTICLE 17 - MEDIC INCENTIVE 17.1 An employee certified as an EMT -II shall receive an incentive as follows: First year as EMT II with City $150/mo Second year as EMT II with City $200/mo Third year as EMT II with City and thereafter $250/mo 17.2 An entry level firefighter shall not be required or permitted to perform as an EMT -II, and therefore, shall not be eligible for the incentive until after having spent one (1) year with the City within the fire department. Except that, an employee with an appropriate current certification, or in training for the certifications, at the time of employment in the fire department, shall be eligible if required by the City to perform as an EMT -II. 17.3 The City may require any employee to attend EMT -II training. 17.4 Employees who have voluntarily received EMT -II certifi- cation training on City time and at City expense, shall reimburse City training costs (tuition, books, materials) at time of separation as provided below if the employee leaves within 36 months following certification: Leave within 6 months 100% Leave within 12 months 75% Leave within 24 months 50% Leave within 36 months 25% ARTICLE 18 OVERTIME 18.1 Overtime is defined as all hours worked in excess 114 hours worked in a 15 day work period. 18.2 Overtime shall be paid in cash at one and one-half (1-1/2) times the employee's regular rate of pay. 18.3 Employees required to return to work on a scheduled vacation day, shall be paid at the rate of 1.5 times their regular rate of pay for the hours actually worked. 11 18.4 Overtime shall be earned and paid in increments of fifteen (15) minutes. ARTICLE 19 CALL -OUT PAY 19.1 It is agreed that the CITY will guarantee a minimum of two hours pay, computed at straight hourly rates, for any unit member called back to duty. 19.2 If an employee is called to return to duty, such call -out shall not be canceled until the employee reports to Station #1. To be eligible to receive the minimum, the employee must report to Station #1. ARTICLE 20 -..UNIFORM ALLOWANCE The uniform for the Fire Department is a two-piece work uniform, and two T-shirts, of a style, material and manufacture determined by the Fire Chief. Two (2) complete uniforms will be provided upon initial employment with the Fire Department and replacements provided are on an "as needed basis" as determined by the Fire Chief and approved by the City Administrator. The CITY will provide safety footgear of a type, style and manufacture as recommended by the Fire Chief and approved by the City administrator. CITY is responsible for normal upkeep, i.e., heels and soles, with replacement as determined by the Fire Chief. ARTICLE 21 -_RETIREMENT BENEFITS The CITY agrees to provide employees in this unit with a retirement benefit program through the Public Employees Retirement System (PERS) as follows: 1 July 1988 - continue current 1/2 at 55 plan with basic 1959 Survivor Benefit Clause; 1 July 1989 - implement 2% at 50 plan with 3rd level 1959 Survivor Benefit, (Section 21382.4) and also the Sick Leave Credit option (Section 20862.8) 1 July 1991 - implement Highest Single Year Compensation (Section 20024.2) ARTICLE 22 - MILEAGE CITY will pay $.20 per mile as reimbursement to members of the Unit for all mileage they incur when on official business, provided there is no CITY car or other pool car available for the CITY business. ARTICLE 23 - HEALTH AND SAFETY ARTICLE 23.1 Management shall provide and maintain safe and healthy work facilities and equipment. 12 23.2 Safety and health conditions Morro Bay are subject to the legislation which regulates safety conditions of the work 23.3 A Citywide Safety/Loss Contro lished and shall review acci deficiencies, and recommend equipment. The MBFF may appoi serve on the committee. If t designated employee's normal shall receive paid release time in employment in the City of Provisions of State and Federal the health environment and place. d 1 Committee shall be estab- ents, review alleged safety safety training and safety nt one unit representative to he committee meets during the working hours, the employee to attend the meeting. 23.4 If an employee becomes alerted to an unsafe condition or health hazard, he/she shall report such condition to his/her immediate supervisor. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee has the right to submit the matter either personally or through the steward to his/her Department Head or designated safety representative. On any matter of safety not resolved, after proceeding through the above process, consultation will take place between management and the MBFF if requested. 23.5 23 23 A first aid kit sha facilities readily employees. 11 be furnished a and conveniently Management agrees to provide potentially toxic agents or medical services at no cost nd maintained at work accessible to unit to employees who are exposed to toxic materials the appropriate .o the employee. Any safety equipment required by the CITY shall be furnished by the CITY. ARTICLE 24 -.PROCESSING OF FORMAL GRIEVANCES 24.1.1 The MBFF agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of the department. CITY agrees to provide every reasonable amount of time for the investigation and the processing of a grievance, but by so agreeing does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. 24.1.2 CITY further agrees that any payment of overtime arising because of MBFF personnel's involvement in grievance investigation or processing shall not be 13 authorized. Time spent on the investigation and Processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, that stewards shall first obtain permission from the department head and/or his/her designee and inform him/her of the nature of his/her business. CITY shall grant such permission promptly unless such absence would cause an undue interruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. 24.1.3 Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the department head or supervisor. 24.1.4 It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employee's time. This agreement is in recognition of the mutual sharing of costs involved in the handling of employee -initiated actions. 24.2 GRIEVANCE PROCEDURE The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his employment, can express a personal grievance relating to his wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. 24.2.1 DEFINITION OF INFORMAL GRIEVANCE An informal grievance is defined as a verbal disagreement by an employee expressed to his supervisor with a request to informally discuss the grievance with the supervisor and/or the department head. 24.2.2 DEFINITION OF FORMAL GRIEVANCE A formal grievance shall be defined as any written complaint of an employee filed with his immediate supervisor within thirty (30) days of the subject of the grievance relating to his wages, hours of work, and working conditions. 14 24.2.3 INFORMAL DISCUSSION WITH SUPERVISOR An employee shall first pursue all informal grievances with his supervisors and at any time that the employee or the supervisor or department head deem that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. An employee with an informal grievance is encouraged first to attempt to resolve the problem by discussing it informally with his first -line supervisor before filing a written grievance. 24.2.4 FORMAL CONFERENCE WITH SUPERVISOR If an employee does not obtain satisfaction of his informal grievance by means of an informal discussion with his supervisor, or if he is unable to communicate with his supervisor, he and/or his representative may, by written grievance, request and shall be accorded a formal conference within ten (10) days with the supervisor and/or department head. The decision of the supervisor shall be reported to the employee and/or his representative within five (5) business days of the date the conference was held with the supervisor. 24.2.5 DEPARTMENTAL REVIEW In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his supervisors, he and/or his representative may submit the grievance in writing to the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department head for his department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of review shall be maintained. The ultimate decision shall be that of the department head. The decision must be reported to the employee in writing within ten (10) business days of the date that the request for departmental review was submitted to the supervisor. 24.2.6 APPEAL TO THE CITY ADMINISTRATOR In the event the employee does not obtain satisfaction by means of the departmental review, he and/or his representative shall submit the grievance in writing to the City Administrator within ten (10) days after notification of the departmental decision is given to the employee. The City Administrator may meet with the 15 employee and/or his representative and the department head before making a decision; or may waive administrative review and refer the grievance directly to a committee of the City Council appointed to hear grievances. A copy of his decision on the matter must be presented to the employee within ten (10) business days of the date the grievance was filed with the City Administrator. 24.2.7 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL In the event that the employee does not obtain satisfaction by means of the administrative process outlined above, he may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen (15) business days of the date of receipt of the request at the convenience of all parties, unless waived by common consent of the employee and the department head. The hearing shall be informal. The employee and/or his representative, the department head and/or the City Administrator shall appear before the committee to present facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance procedure and shall make its decision within thirty (30) days after the termination of the hearing unless a reasonable time extension is deemed necessary and all parties are notified. 24.2.8 TIME LIMITS In the case the time limits outlined above are not observed by the representative of the City, the employee and/or his representative shall have the right to carry the grievance directly to the next high level of review. 24.3 GROUP GRIEVANCE PROCEDURE The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Administrator within thirty (30) days of the subject of the grievance relating to wages, hours of work, and working conditions. Upon receipt of such a grievance, the City Administrator shall establish a time for a hearing, at which time all affected parties may appear before the City Administrator to present facts pertinent to the issue. The decision of the City Administrator shall be presented to all parties concerned within fifteen (15) business days and shall be appealable by the group to a committee of the City Council for its findings and recommendations within thirty (30) days. If either party wishes to appeal, it may file an appeal with the City Council as a whole within five (5) 16 working days of the final decision of the committee of the City Council. ARTICLE 25 - NO STRIKE, NO LOCK -OUT 25.1 During the life of this agreement, the City will not lock out any employees nor will the MBFF cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slow down of work. The term "other concerted action" includes picketing or boycott activities by the MBFF. 25.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 25.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 26 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extend permitted by law, but all other provisions will continue in full force and effect. ARTICLE 27 - FULL UNDERSTANDING MODIFICATION WAIVER 27.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 27.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 27.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratified by the membership of the ASSOCIATION. 27.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 17 • ARTICLE 28 - WORKING OUT -OF -CLASS 28.1 Employees. may be worked on an out -of -class assignment only as provided in the Personnel Rules and Regulations of the City of Morro B_y, except as provided herein b`. 28.2 Employees shall receive an additional 5$ compensation for out -of -class assignments that exceed 15 consecutive calendar days. Such additional 5% shall start on the 16th day retro- active to the first day of the out -of -class assignment. Such additional compensation shall be paid during the first six (6) months of the out -of -class assignment. 28.3 If the assignment is extended by 6 months, then starting on the first day of the extension: 28.3.1 the employee shall continue to receive the 5% compensation if the out -of -class assignment is required to fill an absence due to an employee who is out on 4850 leave. 28.3.2 the employee shall receive an additional 5% for a total of 10% additional compensation if the out -of -class assignment is required to fill a vacant position. 28.4 An employee placed in an out -of -class assignment will not be taken off that assignment for the sole purpose of avoiding the payment provided above. 28.5 Whenever possible, City intends to fill vacancies with qualified employees. ARTICLE 29 - ELIMINATION OF FIRE SERVICE If the fire service function of the City of Morro Bay is merged into another agency, or if another agency assumes said function, then prior to such action, the City shall meet and confer with MBFF concerning the affects of such action. "n MORRO �BAAYFI`REeFIGE S BY:vA� Stan Thomas BY: Fred Harpster / Mike Pond a= - - /yq'8l Date SigfMd SIGNATURES CITY OF MORRO BAY BY: S BY: w V \y� """'k;, � Forrest Henderson BY: ,/" art[ Pi p� Bernie Zerr XU,4/-c ZZ, /f&S Date Signed 19 Side Letter Between City of Morro Bay and Morro Bay Fire Fighters FIRE PREVENTION SPECIALIST TRANSFER POLICY It shall be the intent of the parties to provide an opportunity for transfer between the classes of Fire Prevention Specialist and Fire Engineer if adequate coverage is maintained. The following provisions will serve as guidelines: 1) Participants must be in the class of Fire Engineer and Fire Prevention Specialist. 2) Transfers shall be voluntary by mutual agreement between the individual participants subject to approval of the Fire Chief. 3) Participants shall be adequately trained and qualified as determined by the Fire Chief. 4) Transfers shall be for a period of two years and may be extended by mutual agreement and approval of the Fire Chief. 5) The Fire Prevention Specialist incumbent shall retain primary responsibility for that function and may be subject to reassignment to the Fire Prevention Specialist duties if the assignment is vacated due to long term absence or separation. Individuals interested in participating in a transfer shall make inquiry with the Fire Chief. This side letter shall be included in the transfer agreement between the participants and the Fire chief. Dated: / ri3—•Z,��Q `� a,f RESOLUTION NO. 66-88 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION INITIATIVE MEASURES TO PROHIBIT A GAZEBO IN MORRO BAY "CITY PARK, AND TO REZONE "PINEY WAY VILLAGE" PROPERTY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, two initiative petitions were presented to the City Clerk on May 20, 1988: 1) to prohibit placing a gazebo in Morro Bay "City" Park and to require any gazebo in "City" Park removed; and 2) to rezone the "Piney Way Village" property from R-2 Multi - Family Residential to C-1 District Commercial; and WHEREAS, said initiative petitions have been examined by the City Clerk's Office and certified as being sufficient in accor- dance with Section 4011 of the Elections Code, qualifying the initiative petitions to be submitted to the voters of the City of Morro Bay at the next general municipal election to be held on November 8, 1988; and WHEREAS, the Morro Bay City Council did, by Resolution No. 43-88, call said general municipal election and requested the County Board of Supervisors to approve consolidation of the elec- tion with the statewide election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council, pursuant to its authority in accor- dance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the follow- ing questions: Shall an Ordinance be enacted to prohibit placing a gazebo in Morro Bay "City" Park and to require any gazebo in Morro Bay "City" Park removed? YES NO Shall an Ordinance be enacted to rezone the "Piney Way Village" Property from R-2 Multi - Family Residential to C-1 District Commer- cial? YES NO / / Resolution No. 66-88 Page Two 2. The City Clerk is hereby directed to forward a copy of this Resolution to the County Clerk for inclusion in the ballot for the November 8, 1988 general municipal election. 3. Each initiative measure shall pass individually only if a majority of the votes cast by voters voting on each measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. 4. The City Council hereby directs the City Attorney to prepare an impartial written analysis of each measure, not to ex- ceed 500 words in length, showing the effect of each measure on existing law and the operation of the measure. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 27th day of June, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None -- ALE REDDELL, Mayor ATTEST: i � ARDITH DAVIS, City Clerk CERTIFICATION I, ARDITH DAVIS, City Clerk of the City of Morro Bay do hereby declare that the initiative petition presented to the City of Morro Bay on May 20, 1988 to prohibit placing a gazebo in Morro Bay "City" Park and to require any gazebo in Morro Bay "City" Park removed, was examined in accordance with Section 4009 of the Elections Code, and is hereby determined to be sufficient. DATED: June 13, 1988 A�DA� S, City Clerk City of Morro Bay, California CERTIFICATION I, ARDITH DAVIS, City Clerk of the City of Morro Bay do hereby declare that the initiative petition presented to the City of Morro Bay on May 20, 1988 to rezone the "Piney Way Village" property from R-2 Multi -Family Residential to C-1 District Commercial, was examined in accordance with Section 4009 of the Elections Code, and is hereby determined to be sufficient. DATED: June 13, 1988 ARDITH DAVIS, City Clerk City of Morro Bay, California RESOLUTION NO. 65-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF EXECUTIVE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. sequ. and Resolution 74-69 of the City of Morro Bay the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment for executive employees of the City; and WHEREAS, the meeting between the executive employees and the City had resulted in a mutual agreement and understanding to recommend that the executive employees accept all of the terms and conditions as set forth in an Agreement for Professional Services and attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and change in benefits to said executive employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Agreement for Professional Services as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27th day of June 1988, by the following roll call vote. AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk •. • AGREEMENT FOR PROFESSIONAL SERVICES EXECUTIVE PERSONNEL THIS AGREEMENT made and entered into this day of 19 , by and between the CITY OF MORRO BAY, State of California, a municipal corporation, hereinafter called the "CITY," as party of the first part, and hereinafter called "employee," as party of the second part, both of whom understand as follows: WHEREAS, the CITY desires to employ the services of said EMPLOYEE as of the CITY as provided by the Municipal Code of Ordinances of the City of Morro Bay; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set forth conditions of said EMPLOYEE; and WHEREAS, it is the desire of the City Administrator to: 1. secure and obtain the services of EMPLOYEE, and to provide inducement for him/her to remain in such employment; 2. to make possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to future security; and 3. to provide a just means for terminating EMPLOYEE's services at such time as he/she may be unable to fully discharge his/her duties due to age or disability or when CITY may desire to otherwise terminate his/her employ; and WHEREAS, EMPLOYEE desires to accept employment as of said CITY; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES AND RESPONSIBILITIES CITY hereby agrees to employ said EMPLOYEE as of said CITY to perform the functions and duties specified in said Municipal Code of Ordinances, and to perform such other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. SECTION 2. TERM a. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Administrator to terminate the it services of EMPLOYEE at any time, subject only to the provisions set forth in Section 3, paragraphs (a), (b), and (d) of this Agreement. b. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his/her position with CITY, subject only to the provisions set forth in Section 3, paragraph (c) of this Agreement. C. EMPLOYEE agrees to remain in the exclusive employ of CITY until the day of 19 provided, however, that the term "exclusive employ" shall not prohibit part-time employment which the EMPLOYEE might desire to accept with appropriate prior knowledge and written approval of the City Administrator. Such part-time employment shall not in anyway conflict in time or interest with the EMPLOYEE's responsibilities to the CITY. Unless exceptional circumstances exist, such part-time employment shall not exceed ten hours per week. d. In the event written notice is not given by either party to this Agreement to the other thirty (30) days prior to the termination date as hereinafter provided, this Agreement shall be extended on the same terms and conditions as herein provided on a month -to -month basis in all respects, and in all provisions hereof until EMPLOYEE is terminated in accordance with Section 3, or a new Agreement is negotiated and executed. e. The terms and conditions set forth in this Agreement shall remain in effect until 30 June 1992. SECTION 3. TERMINATION AND SEVERANCE PAY a. In the event EMPLOYEE is terminated by the City Administrator before expiration of the aforesaid term of employment, and during such time that EMPLOYEE is willing and able to perform the duties of then, and in that event, the CITY agrees to pay EMPLOYEE a lump sum cash payment equal to two (2) months current salary; provided, however, that in the event EMPLOYEE is terminated for cause by the City Administrator, then, and in that event, CITY shall have no obligation to pay the severance sum designated in this paragraph. b. In the event CITY at any time during the employment term reduces the salary or financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all CITY employees, or in the event the CITY refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, then and in that event EMPLOYEE may at his/her option, be deemed to be "terminated" at the date of such reduction, or such refusal to comply within the meaning and context of the herein severance pay provision. All pay raises for executive employees shall be based on merit and approved by Council on the recommendation of the City Administrator. The failure to grant EMPLOYEE a pay raise above the amount specified in Section 4 shall not be considered a termination action under Section 3 (a). 2 C. In the event EMPLOYEE voluntarily resigns his/her position with the CITY before expiration of the aforesaid term of employment, the EMPLOYEE shall give the CITY 30 days written notice in advance. d. The City Administrator has the sole authority to appoint and terminate said EMPLOYEE in the City of Morro Bay. This is to insure continuity of service and proper chain of command in the personnel process. In the event the present City Administrator separates from employment with the City of Morro Bay and a new acting and/or permanent City Administrator is appointed in his place, said City Administrator shall not remove EMPLOYEE for a period of 90 days following the administrator's appointment. This provision is to give the City Administrator time to acquaint himself/herself with the ability and competence of said EMPLOYEE prior to any action to terminate said EMPLOYEE. SECTION 4. SALARY The CITY agrees to pay EMPLOYEE for his/her services rendered pursuant hereto an annual base salary of $ effective payable in installments at the same time as other employees of the CITY are paid. In addition CITY agrees to increase said base salary as outlined below: YEAR 1 July 1988 1 July 1989 1 July 1990 1 July 1991 and/or other benefits of extent as the City Council on the basis of an annual the recommendation of the of said EMPLOYEE. SECTION 5. HOURS OF WORK INCREASE 5% 5% 5% 5% EMPLOYEE in such amounts and to such an may determine that it is desirable to do so salary review of said EMPLOYEE, based upon City Administrator and performance appraisal a. It is recognized that EMPLOYEE must devote a great deal of his/her time outside normal office hours without benefit of paid overtime to conduct CITY business, and to that end EMPLOYEE will be allowed to take administrative leave as he/she shall deem appropriate during said normal office hours with the approval of the City Administrator. b. EMPLOYEE may with written advance approval of the City Administrator, take up to forty-eight hours administrative leave during any fiscal year. C. The City Administrator may, due to exceptional and documented circumstances grant administrative leave in excess of the forty-eight hours specified in Section 5 (b). 3 d. Normally, carry-over of unused administrative leave into the next fiscal year will not be permitted, without special approval by the City Administrator. SECTION 6. TRANSPORTATION a. An employee who is designated to be available and respond to emergencies shall have the exclusive use at all times during his/her employment with the CITY of a radio -equipped automobile. The use of such automobile is restricted to travel between the EMPLOYEE's home and the job site, to and from business -related meetings, conferences, and inspections within the CITY limits and, to and from business - related conferences, meetings, and conventions outside the CITY limits. During vacations or extended absences, EMPLOYEE is to make the automobile available for other business -related uses by parking the vehicle at the job site. b. An alternate to providing an automobile for EMPLOYEE is to have the use of an automobile from the CITY's pool fleet for business purposes of any kind. EMPLOYEE may use any available vehicle for official use during regular business hours or evenings when attending to any business activity involving his/her duties and responsibilities. C. An EMPLOYEE who is not provided with a CITY vehicle will be reimbursed for use of his/her personal vehicle at the per mile rate approved by the I.R.S. for reimbursement for use of personal vehicle for work related business. No reimbursement will be made for routine home to office transportation during normal office hours. SECTION 7. DUES AND SUBSCRIPTIONS CITY agrees to pay the professional dues and subscriptions of EMPLOYEE necessary for their continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for their continued professional participation, growth, and advancement and for the good of the CITY in accordance with approved budgetary limitations. SECTION 8. PROFESSIONAL DEVELOPMENT a. CITY hereby agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE, and to adequately pursue necessary official and other functions for CITY, in accordance with approved budgetary limitations. b. CITY also agrees to pay for the travel and subsistence expenses of EMPLOYEE for short courses, institutes and seminars that are necessary for professional development and for the good of the CITY, in accordance with approved budgetary limitations. Cd SECTION 9. EXECUTIVE EXPENSES CITY recognizes that certain expenses of a nonpersonal and job affiliated nature are incurred by EMPLOYEE and hereby agrees to reimburse such expenses upon presentation of a receipt and submission of the appropriate confirming purchase requisition to the City Finance Department and the City Administrator, providing such expenditure was approved by the City Administrator. SECTION 10. BENEFITS a. Retirement EMPLOYEE shall be covered by the State of California Public Employee Retirement System. CITY shall pay seven percent of EMPLOYEE's legally required percentage of salary, and EMPLOYEE shall pay any remaining percentage. CITY shall continue to pay its legally required percentage of EMPLOYEE's salary. CITY agrees to provide employee with a retirement benefit program similar to PERS benefits granted to similarly situated PERS qualified employees in other City classifications. CITY agrees to implement these benefits on the same time schedule as it does for those other classifications. b. ICMA Deferred Compensation Program EMPLOYEE shall have the option to participate in the ICMA Deferred Compensation Program. CITY shall execute the Deferred Compensation Employment Agreement if EMPLOYEE chooses to participate in said program and shall be subject to the terms and conditions of the 1978 Revenue Act and Section 457 of the Internal Revenue Code. The maximum amount EMPLOYEE shall be entitled to defer is 25 percent of their compensation or $7,500, whichever is less. c. Paid Vacation Leave 1. CITY agrees EMPLOYEE shall accrue paid vacation leave at the following rate: Service Years Vacation Days 0 - 2 12 2 - 4 14 4 - 6 16 6 - 8 18 8 - 10 20 Employee shall be entitled to unlimited accrual of unused vacation leave, with the employee's option of 100% pay off at time of separation. 2. EMPLOYEE shall have the option of converting up to five (5) days of accrued vacation leave into cash each fiscal year. 9 3. EMPLOYEE shall accrue one (1) day paid sick leave per month. EMPLOYEE shall be entitled to receive cash payment for up to 50% of unused sick leave upon termination of employment provided that the maximum amount CITY shall pay shall not exceed $4,500. EMPLOYEE is entitled to payment for unused sick leave payment upon resignation only if 30 days written notice of intent to terminate is given CITY in accordance with Section 3 (c) of this contract. d. Health Insurance Coverage 1. CITY agrees to provide health insurance and to pay 100% of the monthly premium for EMPLOYEE and his/her eligible dependent(s) to be covered under the CITY's medical and dental insurance program, and the benefits thereof. 2. EMPLOYEE agrees to submit annually to a complete physical examination by a qualified physician selected by the CITY, the cost and scope of which will be determined and paid by CITY. If the CITY chooses not to budget for this cost, the requirement for a physical examination shall terminate. e. Life Insurance CITY agrees to provide group term life insurance coverage for EMPLOYEE and his/her eligible dependent(s) in amount determined by CITY; but, in no case shall the face value of the life insurance provided by CITY be less than $20,000 on EMPLOYEE and $1,000 on eligible dependent(s). Monthly premiums will be paid 100% by CITY; EMPLOYEE may elect for increased group life insurance coverage by paying additional premium. f. Disability Insurance CITY agrees to provide and pay 100% of the cost for a long-term disability program for EMPLOYEE, said coverage having at maximum a 90- day wait period and providing disability payments of 60% of monthly salary up to $2,500 per month to age 65 under condition of selected plan. g. Other Employment Benefits 1. All provisions of the Municipal Code relating to benefits and work conditions as specified or excepted in this agreement, or amended, also shall apply to EMPLOYEE as they of CITY. and resolution of CITY they now exist, unless as hereinafter may be would do other employees N 0 2. Based upon individual utilization of paid sick leave in the preceding fiscal year, EMPLOYEE may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization Sick Leave into vacation Leave 0 hours 96 hours 48 hours 8 hours or less 72 hours 36 hours 16 hours or less 48 hours 24 hours 24 hours or less 24 hours 12 hours 25 hours or more 0 0 SECTION 11. GENERAL PROVISIONS a. The text herein and attachments hereto shall constitute the entire Agreement between the parties. b. This Agreement shall be binding upon and insure to the benefit of the heirs -at -law and executors of EMPLOYEE. C. This Agreement shall become effective commencing the day of , 19 ; and shall terminate, subject to the provisions of Section 2 (d), on the day of 19 d. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Morro Bay, State of California, has caused this Agreement to be signed and executed in its behalf by its Administrator, and duly attested to by its City Clerk, and the Employee has signed and executed this Agreement the day and year first above written. Employee CITY OF MORRO BAY City Administrator 7 RESOLUTION NO. 64-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1988-89 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council and City Staff have expended many hours preparing and reviewing the City's needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation expenditures could not be incurred or paid on a daily basis; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, City Council acknowledges the continuing efforts of Staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, City Council wishes to encourage these practices by implementing a departmental savings sharing program; and WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; an WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; NOW, THEREFORE, BE IT RESOLVED: 1. The 1988-89 Manager's Recommended Budget is adopted with the changes ordered by the City Council as illustrated in Exhibit A; and 2. Staff is directed to prepare and publish a final budget document incorporating all the aforementioned changes and all changes resulting from Council approved salary and benefit adjustments; and Resolution No. 64-88 Page Two 3. The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as the bottom line appropriations are not exceeded. Otherwise, appropriation control is intended to be at the division bottom line for operations and the project bottom line for capital projects with administrative approval. 4. The appropriations limit is established for fiscal year 1988-89 at $6,031,554 from proceeds of taxes. This budget authorizes appropriations from tax proceeds of $4,659,187 and is therefore $1,372,367 under the limitation. 5. Fifty percent of all savings achieved in the Departmental Operating Budgets will be returned to the department generating the savings for use in Fiscal Year 1988-89. These funds can be used for any non -recurring expense approved by the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on June 27, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: AEWITH DAVIS, City Clerk 1 n 1 OZ• rnm tfnHro ro n•11ronn 71 ,k1 'F1 x1 A,ro '+7 ro n < mp.n I a I'000wmmw1,MMItr-r-000mm0mmmY-m1-• On m mo1< 11- I m a n n E E R n w 0 04" Ir 3 3 0 0 0 m m 0 a H rt G w a 1 m 1 I r l m m m m "'0 v m Y• a N •< w a rt c m rt o I O I wogK 0on r 0r.c I I I I I 1 00 a Or• m to M I 1 Rm "H Rr-33 m N a 0 a 7wr•a vl I m l r-•O nH N RR IT a N Y.ron ro0 NY m a R N 1-10 3 1 M l aa wv Olt am r•R we w0roa mrt0 O 1 w 1 W M a r m M 0 14 tl F' 0 0 1- 0 H p1 I"I I rt 1 rt< F+w I I m a 7Crt P. H Y H a % w n I r 1 n9 m a ON Crr•Ra a R a It0 1 a 1 0 m w 0 <mm m nr-N N P. mr• m 1< IIo I aa0 Rm mCm < a1, N •<0 a m 1 I rtrta r•a nr m P. rt a m w 1 I w w It O rt P. Ir m 0 It 0 1< Iona a 091 O Na w N IO m O 0 N a 7 1 IW R m 1 1 N 1 W 1 IJ A L7 I N I N F+ 01 H N V IJ H 1� Y O m 1 N I OIIII NN NN JAIpN HIpNVIAOa H Ma I N I OJ NNI-•VIIIIWI00WJ NI-'U1F+JON Y cm 1 A I Om mWOAAJJNIOaJIDOmJaNO Y FI 1 F• I Om mNONOONAA0IJOIAWOWIOW In aw I O I Or' NIOOmAOAHNmONNIIIV JAN O 1-' I I I 1 r h7 w I 1 v1 C M o ax ioi o am I I 1 I H INI N N H I N l a YIO W I+N m C a 1 OI O Ow O 1"P m aN I NIO Om N w0 ID aY I J 1 0 1+ 0 O w J Y R I 1 i m i a �• r• u ••1 H LI I A I In N A VI VI 1� o c w w l a l o IO OmWN vl % N I W l o N IO W N W o a I JIO IO AWWW O 0 I r• I I N I 101 101 Iol 1 1 I I I I I I I J I Y VI I IO I N NJ I Y 1 0 W IO 1 m I o rin 1 b l o Inrn I Y 1 O IO 01 1 m N a r• r p1 Ip O IO IO Ip OmHN D WNW VI N VIJ N N O W to a IG O O m In OI O I11 W 111 N o Imam I J I 1✓ 1-• 1 0 1 O W Y N 01 A N I-• OI I"' N H Y 1-• N V I O11 bb .ONJAAOWUt Ill 111 JalOa HIO VIm JOIa I W 1 AF"r•OI W ID1-�NI-'NNY VI UI W 1DO W J lI1 F�m W NON 1 N I OIOYOF'•UI ID IC IIIm WOAAJJU1 lOA J100mA.0A0 1 W I Om mIf IO OI ID IIIO AlI10NOONAAO�J OIAHOOJW 1 N I OHON1001 N ID 1�NIOOmAOaVNmONNO. 1�01-�N u G i 0 1 0 O I • a b w H I rt I rt rt 1 S 0 (A E W y hJ ro ;a v m /� 10 I a 1 a a 1 w w O w rt n r• O w W ao K <H wt� Dy t M>t tiO n7 T.n Oro yn Oy a SH n H00 rt I N I m 0 n 1 Oro>'O Gmww H N w n N N O w 7 n O F wm' 00 m0�(D F' ID 10-n 1-0 1 O V ila o nnK ro a li nH H H �N H& 0 MrtO En Grtro 3 1 1 w I H r•I ID nr N n< 0<r•0 a H G :3 O N I w l rt w 1'W ',OO MD En P, r Xl<a KrtW N N 1 V" H M I N I F^ N 1 w(D 0& Nw En 00 3n N K (D O Y• I N I O I N N O rtB rt0 K I -'a rt W N O 0 1 I O ro 1 w (D D m mm (D rt M M 010 w n rt w r• 1 1 H I n n Pa,O 3 7 3 r• rt 3 z H. 5 0 m 0 w rt 1 I 0 1 << a G rt O (D n O ]W (D V K 1 I u.1 (D (D nr• ID a 0 O Q n 1 I N 1 K -0 n M (N (D O I 3 ro rt K n i i N i p w o n I I rt O y m 1 I 1 w 1 A I N F+ 1 r` f0D OI I A I N IJ 1 N O 1115 J I W I N W 1 a W O G fD J I A I A O I O O O 0 H A 1 I 0 O 1 O O O Q. Q w O 1 0 1 0 O I O O O F+ I I 1 1 1 I c w .• I 1 I w o i i i 6 7nc O 0 1 O I N I 1 I lb I I I y N I N n W I N I N I F 7 W 0 1 0 7 N W I N I N I 91 r• OI I J I J O I rt 1 1 I 1 I 1 I A 1 N I a I m 1 b l 1 m I� I J N I� H 0O W l a a O I V+ O l)7 G a w 10 I A I A O I 000 a DC N J I J I J O I O O O I I I I I I y m i i i N a w 0 G M I I I tj 0 0 M O ry 4 0 0 101 0l KO I I I Vl DO w ioi of o GMm 1 01 01 o pr•7 o ioi of o aQm O ro I lD I J N I N r+J H a l>- W I O I W UI I O 111 G rt w N I N I N O I 00 ar•n W I T I OI O I 00 O 01 I A I A O I O O 10 I 1 1 I 1 1 n I 1 1 w E N 1 0 1 111 UI 1 O ON G Y'rt O I O I O O I 0 0 0 7 rt w o lolo 01 00o aan 0 1010 01 00o r 1 i O�1 I b J I UI G N E A I A I I� W I aJW WOI 7 rtw 1D 1 b I OI N I mF•N O O P. r"H O� I O� 1 10 J I J lJl N O O a OI 1 OI I I� N 1 trO O O O O 1 I 1 w In n oQ o r H-E ioi of o Wortin O 1 0 1 0 1 O F+ 1 I I 1 I I i l OAi N I r MID In I w I J OI I NNOI G H w 1 01 O 01 000 110 J I W I W O I O O O H 1 I I 1 I I M 1 7 N W I W G G lb N I A I A 7 H O 0 1 0 0 O 1 0 1 0 O I O 1 I I w 1 1 I 1 1 1 J I J y I J 1 0 W I Y I W J I NNOI AJW WUl ONOOIII VIOUI O UI W O a �D I O I N J I OOVI mIJN 00 00000 000 O O O O 1� w 1 0 1 W J I 0 0 0 J VI Ln 0 0 0 0 0 0 0 0 0 0 O O O O A I J I N OI 1 000 V100 00 00000 00000 O O O Exhibit B CITY OF MORRO.BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1988-89 PREPARED BY: Louise Burt, Finance Director June 1988 CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1988-89 TABLE OF CONTENTS I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR 1 II. STATEMENT OF PERTINENT FACTORS . . . . . . . . . . . . . . . 1 III. REVENUE CLASSIFICATION SCHEDULE . . . . . . . . . . . . . . 3 IV. COST ANALYSIS FOR FEE RELATED SERVICES . . . . . . . . . . . 5 V. CALCULATION OF THE LIMITATION . . . . . . . . . . . . . . . 6 • E CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1987-88 I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR The pertinent accounts and records of the City of Morro Bay were examined and, as a result, it has been determined that according to generally accepted requirements the City of Morro Bay's appropriation limit for the 1988-89 fiscal year as provided for in Article XIII B of the Constitution of the State of California as implemented by Chapter 1205, Statutes of 1980, is $6,031,554. It has been determined that of the City's 1987-88 budgeted appropriations, contingency and provision for reserves of $10,022,062, the amount of $4,659,187 is subject to the limitation and is therefore $1,372,367 under the limitation. II. STATEMENT OF PERTINENT FACTORS Article XIII B (Proposition 4) which was approved by the California electorate November 6, 1979 primarily places a limit on the annual increase in spending of a local agency. The limitation fundamentally controls spending which results from tax revenue resource and any excess of revenue over cost reasonably borne for regulatory licenses, user charges, and user fees in providing regulation, product or service and the investment of tax revenue. Article XIII B became effective July 1, 1980, the first day of the fiscal year following its adoption. In developing the spending limitation the following documents were analyzed and applied where appropriate: 1. Article XIII B, Chapter 1205 of the California State Constitution. 2. Senate Bill No. 1354 which provides for the implementation of Article XIII B by defining various terms used in the Article and by prescribing procedures to be used in implementing specific provisions of the Article. 3. Uniform Guidelines for the Implementation of Article XIII B prepared by the League of California Cities. 4. Proposition 4 Procedures Guidelines prepared by the County Accounting Standards and Procedures Committee. There are no material jurisdictional, policy or organizational changes which would warrant adjustments to the City's limitation pursuant to Section 3 of the Article. Improvement District No. 6 was not included in the base year since they are used exclusively for debt service. The City's limitation has been calculated by using the following funds in their aggregate amounts: (a) General (f) Gas tax (b) Harbor (g) Traffic safety (c) Sanitation (h) Revenue sharing (d) Water (i) Insurance fund (e) Park fee (internal service) The local transportation account is considered to be an "enterprise fund" as as such is excluded. There was no specific appropriation providing for a General Fund contribution in fiscal year 1978-79, the base year. Revenues from fees and charges were compared to the specific cost of providing that service in order to determine the extent the revenues are considered "proceeds of taxes". There were no identifiable mandated costs for Worker's Compensation Insurance in the base year 1978-79. The only mandated cost which could be specifically identified in the accounting records was $1,239 for unemployment insurance benefits paid in the base year. The City considers unemployment insurance as a federal mandate and has adjusted the limitation accordingly. A use allowance was applied for the City's buildings, structures and equipment based upon the sound value; which value was determined by the Industrial Appraisal Company. The City recognizes and reserves the right to adjust or change considerations or amounts contained in this document as changes in generally accepted requirements may dictate. FA III. REVENUE CLASSIFICATION SCHEDULE A. 1978-79 BASE YEAR Revenue Source Proceeds Nonproceeds Property Taxes $ 355,544 Other Taxes 746,850 Licenses, Permits and Franchises $ 39,206 Fines, Forfeits and Penalties 28,700 Revenue from Use of Money and Property 106,047 12,653 Aid from Other Governmental Agencies 308,776 320 Charges for Current Services 419,802 Other Revenue or Funds Available 12,248 1,462 Special Gasoline Tax 89,017 Harbor Revenue 207,000 Federal Revenue Sharing 146,915 Fund Balance 1,427,911 1,039,109 TOTAL $3,046,393 $1,895,167 The total of the 1978-79 proceeds of taxes when increased by the cost -of -living and population factors isthe appropriation limitation. M E CITY OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1988-89 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes Licenses and Permits Fines and Forfeits Intergovernmental Charges for Services Use of Money & Property Other Revenue Total General Fund Special Revenue Funds Gas Tax Fund Traffic Safety Revenue Sharing Water Fund Sewer Fund Harbor Fund Total Special Revenue Fund Capital Project Funds Park Fee Water Capital Sewer Capital Total Capital Projects Special Assessments Enterprise Funds - Transit Internal Service Funds TOTAL Add: Fund Balance -Beginning GRAND TOTAL $2,930,000 $ 202,000 17,000 375,150 208,700 205,625 29,375 43.300 $3,510,775 $ 500,375 $ 130,500 $ 61,000 10,000 1,011,500 860,000 499.500 $ 130,500 $2,442,000 $ 1,500 75,000 60,000 $ 136,500 $ 208,691 856,100 $3,641,275 $4,143,666 1,017,912 1,219,209 $4,659,187 $5,362,875 Note: In order to complete the process of determining the proceeds of taxes, Proposition 4 provides that regulatory licenses, user charges, and user fees be considered proceeds of taxes to the extent that such charges and fees exceed the costs reasonably borne by each entity in providing the regulation, product or service. As 4 • a step in the development of the City's base year statement, the revenues from regulatory licenses, user charges and user fees were scheduled and related costs reasonably borne were compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. The workpapers for the base year document contain detailed schedules showing the revenue and cost comparisons. The total of the 1988-89 adjusted proceeds of taxes are subject to the appropriation limit; the nonproceeds are not. Whereas the estimated or budgeted amounts are useful for planning purposes, it is the actual appropriations made throughout the year which, if they exceed the limitation, must be returned to the taxpayer. This has been reviewed for the 1986-87 fiscal year, and showed the City was $1,705,088 under the limit. The 1987-88 appropriations are estimated to be well under the limit, and will be reviewed after the fiscal year end. IV. COST ANALYSIS FOR FEE RELATED SERVICES Article XIII B provides that proceeds of taxes which are subject to the growth limitations include revenues from regulatory licenses, user charges, and user fees to the extent that those revem.es exceed the costs reasonably borne by the City in providing the regulations, product or service. Staff completes a cost study annually in the preparation of the Master Fee Schedule to ensure that fees do not exceed cost. Included in the costs reasonably borne are direct departmental expenditures and indirect costs allowable. Included in the indirect costs is a "use allowance" for buildings and equipment. The allowance is 2 percent of building cost per year (50 year life) and 6 percent of equipment cost per year (16 year life). 5 V. CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts provided by the State Department of Finance Limitation Calculation 1978-79 Base Year Proceeds $3,046,393 x 1979-80 CPI Change Factor x 1.1017 x 1979-80 Population Change Factor x 1.0138 x 1980-81 CPCI Change Factor x 1.1053 x 1980-81 Population Change Factor x 1.0026 1980-81 Limitation $3,770,591 x 1981-82 CPCI Change Factor x 1.0912 x 1981-82 Population Change Factor x 1.0139 = 1981-82 Limitation $4,171,660 x 1982-83 CPI Change Factor x 1.0679 x 1982-83 Population Change x 1.0204 = 1982-83 Limitation $4,545,796 x 1983-84 CPCI Change Factor x 1.0235 x 1983-84 Population Change x 1.0181 = 1983-84 Limitation $4,736,835 x 1984-85 CPI Change Factor x 1.0474 x 1984-85 Population Change Factor x 1.0175 = 1984-85 Limitation $5,048,185 x 1985-86 CPI Change Factor x 1.0374 x 1985-86 Population Change Factor x 1.0162 = 1985-86 Limitation $5,321,826 x 1986-87 CPI Change Factor x 1.0230 x 1986-87 Population Change Factor x 1.0148 = 1986-87 Limitation $5,524,803 x 1987-88 CPI Change Factor x 1.0340 (No population change) x 1.0000 $5,712,646 x 1988-89 CPI Change Factor x 1.0393 x 1988-89 Population Change Factor x 1.0159 = 1988-89 Limitation $6,031,554 A RESOLUTION NO. 63-88 A RESOLUTION APPROVING A MONTH -TO -MONTH CONTINUATION OF THE EXTENSION OF THE DIAL -A -RIDE TRANSIT OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and Cal Coast Charter, Inc. (CCC) entered into a Dial -A -Ride (DAR) Transit Operations Agreement on January 9, 1984 retroactive to July 1, 1983 and terminating June 30, 1986; and WHEREAS, CCC was sold to Laidlaw Transit, Inc. (LTI) effective January 6, 1986 and the aforesaid Transit Agreement was transferred to LTI pursuant to Resolution No. 14-86 adopted February 10, 1986 by the City of Morro Bay City Council; and WHEREAS, the City of Morro Bay City Council determined on May 27 and December 8, 1986 that it was in the public interest to extend said Transit Agreement pending the results of the DAR performance audit required by the State of California Department of Transportation (Caltrans) and review of said results by City, and unanimously voted to adopt Resolution No. 47-86 and Resolution No. 123-86, respectively; and WHEREAS, the City of Morro Bay City Council determined on June 22 and December 14, 1987 that it was in the public interest to continue to extend said Transit Agreement on a month -to -month basis pending the completion of a Request for Proposals (RFP) process to select a transit contractor to operate DAR in the future and unanimously voted to adopt Resolution No. 71-87 and Resolution No. 132-87, respectively; and WHEREAS, said RFP process has not been completed due to factors beyond City's control; and WHEREAS, the City has received an Urban Mass Transportation Act (UMTA) Section 8 Planning Grant to update the City's Transportation Development Plan (TDP), 1988-1993, emphasizing DAR system evaluation and the development of clear and measurable goals, objectives, standards, and performance measures and incentives for DAR operations as well as productivity improvements, marketing plan, and long-term financial requirements and creative financing alternatives; and WHEREAS, said TDP update must be completed by July 31, 1988 pursuant to UMTA Section 8 Grant requirements; and WHEREAS, it is in the public interest to solicit proposals for a new DAR Transit Operations Agreement subsequent to the completion and adoption of said TDP update, the timing of which exceeds the termination date of June 30, 1988 in the current extension of said Transit Agreement; and WHEREAS, it is in the public interest to continue said extension of said Transit Agreement on a month -to -month basis pending the conclusion of the aforesaid RFP process; and WHEREAS, said Transit Agreement provides that City may, upon mutual consent, extend the Agreement by written notification and may also upon mutual consent renegotiate said Agreement as allowed by law; and WHEREAS, LTI has the management and technical personnel and other assets necessary to continue the operation of DAR; and WHEREAS, City desires to retain LTI to operate DAR by continuing the current extension of said Transit Agreement; and WHEREAS, LTI desires to provide such transit services to City for the period of said continued extension. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The extension of the DAR Transit Operations Agreement is hereby continued effective July 1, 1988, subject to the terms and conditions of the Continuation of Extension Agreement, attached hereto as Exhibit A and incorporated herein by reference. 2. The City Administrator is hereby authorized to sign all related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of June, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: G A'RDITH DAVIS, City Clerk EXHIBIT A CONTINUATION OF EXTENSION AGREEMENT DIAL -A -RIDE TRANSIT OPERATIONS This Agreement is entered into the 27th day of June, 1988, by and between the City of Morro Bay, hereinafter referred to as "CITY", and Laidlaw Transit, Inc., hereinafter referred to as "CONTRACTOR". W I T N E S S E T H WHEREAS, the City of Morro Bay and Cal Coast Charter, Inc. (CCC) entered into a Dial -A -Ride (DAR) Transit Operations Agreement on January 9, 1984 retroactive to July 1, 1983 and terminating June 30, 1986; and WHEREAS, CCC was sold to Contractor effective January 6, 1986, and the aforesaid Transit Agreement was transferred to Laidlaw Transit, Inc. pursuant to Resolution No. 14-86 adopted February 10, 1986 by the City Council; and WHEREAS, the City of Morro Bay City Council determined on May 27 and December 8, 1986 that it was in the public interest to extend said Transit Agreement pending the results of the DAR performance audit required by the State of California Department of Transportation (Caltrans) and review of said results by City, and voted unanimously to adopt Resolution No. 47-86 and Resolution No. 123-86, respectively; and WHEREAS, the City of Morro Bay City Council determined on June 22 and December 14, 1987 that it was in the public interest to continue to extend said Transit Agreement on a month -to -month basis pending the completion of a Request for Proposals (RFP) process to select a transit contractor to operate DAR in the future and unanimously voted to adopt Resoltuion No. 71-87 and Resolution No. 123-87 respectively; and WHEREAS, said RFP process has not been completed due to factors beyond City's control; and WHEREAS, it is in the public interest to solicit proposals for a new DAR Transit Operations Agreement subsequent to the completion and adoption of the City's updated Transportation Development Plan (TDP), 1988-1993, scheduled to be completed by July 31, 1988, the timing of which exceeds the termination date of June 30, 1988 in the current extension of the existing Transit Agreement; and -- WHEREAS, it is in the public interest to continue said extension of said Transit Agreement on a month -to -month basis pending the conclusion of the aforesaid RFP process; and WHEREAS, said Transit Agreement provides that City may, upon mutual consent, extend the agreement by written notification and may also upon mutual consent renegotiate said Agreement as allowed by law; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to continue the operation of DAR; and WHEREAS, City desires to retain Contractor to operate DAR by continuing the current extension of said Transit Agreement; and WHEREAS, Contractor desires to provide such transit services to City for the period of said continued extension. NOW, THEREFORE, in consideration of the foregoing recital and convenants and agreements of each of the parties herein set forth, the parties hereto agree as follows: 1. The DAR Transit Operations Agreement and related Renewals of Extension Agreement, and continuation thereof, described hereinabove and incorporated herein by reference, are hereby continued on a month -to -month basis effective July 1, 1988, and terminating upon the conclusion of the RFP process described hereinabove or December 31, 1988, which ever occurs first. 2. All terms and conditions of said Transit Agreement shall continue in effect for the period of any and all extensions as described hereinabove, except as otherwise provided herein. 3. The rate per service mile and annual fixed management fee shall be increased or decreased effective July 1, 1988 based upon eight -five (85%) of the annual percentage difference in the All Urban Consumers Priced Index/Los Angeles -Long Beach for July, 1987 and July, 1988. Said adjustments shall be in direct proportion to any upward or downward movement in the aforesaid Consumer Price Index, with the 1967 Index used as the base year. 4. Paragraph 10 of said Transit Agreement is hereby amended to provide for thirty (30) days written notice by either party to terminate the contract. LAIDLAW TRANSIT, INC. WILLIAM JOHNSON, Vice President of Operations/Western Area CITY OF M r y Administrator ATTEST: % ARDITH DAVIS, City Clerk RESOLUTION NO. 62-88 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LEASE SITES 62/62W (HITTLE'S LANDING) FROM ROBERT E. AND MARILYN HITTLE TO ROBERT J. OBRIEN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the existing Tenants, Robert E. and Marilyn Hittle are obligated by the terms of a settlement agreement with the City of Morro Bay, approved by City Resolution No. 12-88 on February 22, 1988, to sell and transfer said lease for Lease Sites 62/62W and have the proposed buyer and assignment approved by June 30, 1988; and WHEREAS, Robert J. OBrien, the proposed buyer and assignee, is hereby found to be an acceptable tenant; and NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay for assignment of that certain lease dated for Lease Sites 62/62W to Robert J. OBrien, subject to all existing terms and conditions in said lease and also subject to receipt and approval of all required documents by the City Attorney, prior to September 30, 1988. This consent to assignment is contingent upon escrow being closed and the assignment fully consummated on or before September 30, 1988. BE IT FURTHER RESOLVED that in the event that this assignment of lease for Lease Sites 62/62W has not been completed by September 30, 1988 the City may consider this assignment null, void and of no effect and the terms of the settlement agreement between the City and Robert E. and Marilyn Hittle shall prevail. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign any and all required documents to complete this agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of June, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None i DALE REDDELL, MAYOR ATTEST: � / ARD H DAVIS, CITY CLERK RESOLUTION NO. 61-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. sequ. and Resolution 74-69 of the City of Morro Bay the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment for management employees of the City; and WHEREAS, the meeting between the management employees and the City had resulted in a mutual agreement and understanding to recommend that the management employees accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and change in benefits to said management employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 13th day of June 1988, by the following roll call vote. AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk )RANDUM OF UNDERSTANI BETWEEN THE MANAGEMENT EMPLOYEES AND THE CITY OF MORRO BAY 1 JULY 1988 - 30 JUNE 1991 TABLE OF CONTENTS ARTICLE NO. SUBJECT PAGE 1 Term 3 2 Management 3 3 Anti -Discrimination 3 4 Work Schedule 3 5 Salaries 4 6 Retirement Benefits 5 7 Insurance 5 8 Holidays 6 9 Vacation Leave 6 10 Administrative Leave 7 11 Sick Leave 7 12 Mileage 8 13 No Strike, No Lock -Out 8 14 Full Understanding, Modification, Waiver 8 15 Separability 9 Signature Page 9 MEMORANDUM BETWEEN TH.„O BAY AND THE CITY ARTICLE 1 - TERM MANAGEMENT EMPLOYEES OF MORRO BAY The term of this agreement commences on 1 July 1988 and expires and is otherwise fully terminated on 30 June 1991. ARTICLE 2 - MANAGEMENT CITY retains all rights not specifically delegated by this agreement including, but not limited to, the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications, take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its work. The determination of whether or not an emergency exists is solely within the discretion of the City and is expressly excluded from the Grievance Procedure. ARTICLE 3 - ANTI -DISCRIMINATION The CITY agrees it will not discriminate against management employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 4 - WORK SCHEDULE 4.1 This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 4.2 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. 4.3 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without prior notice to the employee. Callout or overtime does not constitute a change in workshifts. 4.4 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period, except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 4.5 EMERGENCIES: Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. ARTICLE 5 - SALARIES 5.1 The CITY agrees to continue a plan whereby the CITY will contribute seven (7) percent of an employee's salary on behalf of the employee to the Public Employees' Retirement System (PERS). These amounts paid by the CITY are employee contributions and are paid by the CITY to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. The employees bear the risk of payment of any increases in the employee contributions above the current seven (7) percent made by action of PERS or the state legislature. It is understood and agreed to by the parties that the CITY "pickup" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. Parties agree the CITY payment of the seven (7) percent PERS contribution is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the employee holds harmless the CITY, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay seven (7) percent of the employee's PERS contribution. Should current tax treatment change, the employees shall have the opportunity to meet and confer regarding any such changes. 5.2 The parties agree that Management employees following percentage increases. 1 July 1988-89 5% 1989-90 5% 1990-91 5% should receive the Cd 5.3 The actual salary ranges shall be: Classification 1 July 88 1 July 89 1 July 90 Police Lieutenant $32,292-$39,251 $33,907-$41,214 $35,602-$43,274 Associate Planner $28,377-$35,473 $29,796-$37,246 $31,286-$39,109 Chief Bldg. Insp. $28,377-$35,473 $29,796-$37,246 $31,286-$39,109 Water Engineer $28,377-$35,473 $29,796-$37,246 $31,286-$39,109 Accountant $26,951-$33,551 $28,299-$35,229 $29,714-$36,990 Adm. Assistant $26,951-$33,551 $28,299-$35,229 $29,714-$36,990 Assoc. Civil Eng. $26,951-$33,551 $28,299-$35,229 $29,714-$36,990 Chief HPO $26,951-$33,551 $28,299-$35,229 $29,714-$36,990 Water Qual. Cont. Supt. $26,951-$33,551 $28,299-$35,229 $29,714-$36,990 ARTICLE 6 - RETIREMENT BENEFITS The CITY agrees to provide employees in this unit with a retirement benefit program through the Public Employees Retirement System (PERS), similar to PERS benefits granted to similarly situated PERS qualified employees in other City bargaining units. City agrees to implement these benefits on the same time schedule as those other bargaining units. ARTICLE 7 - INSURANCE 7.1 HEALTH INSURANCE During the term of this Agreement the City shall offer both indemnity and HMO medical insurance plans unless during the term of the Agreement the Employee Relations Committee recommends alternative plans and the recommendation is accepted by the City Council. 7.2 DENTAL INSURANCE During the term of this Agreement, the City shall offer dental insurance through a dental carrier unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. 7.3 Effective 1 July 1988 employees shall pay the following premium rates for medical and dental insurance: Years of Service Medical Dental employee + 1 dep. + 2 dep. 0-2 0 $9.80 $16.24 $1.54 Start of 3rd. yr. 0 0 0 0 7.4 Any increase to the dependent portion of medical or dental premiums that occur during the term of this Agreement shall be paid 75% by the City, and 25% by the employee. 5 7.5 The effective date of this Memorandum of Understanding shall also be the effective date of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions for members of this unit. 7.6 LIFE INSURANCE It is understood that a $10,000 Life Insurance policy is provided to Management employees, and is included in the Dental premium rate. 7.7 LTD INSURANCE The Management employees shall participate in the City -provided Long Term Disability Insurance Plan. The cost of this plan shall be as follows: 1 July 88 City 1.5% Employee 0 ARTICLE 8 - HOLIDAYS 1 July 89 1 July 90 1.5% 1.5% 0 0 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Day after Christmas New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 December 26 January 1 February 12 3rd Monday in February Last Monday in May varies 8.2 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. ARTICLE 9 - VACATION LEAVE 9.1 During the term of this agreement, paid vacation leave shall be earned at the rate contained in the Personnel Rules and Regulations on a bi- weekly basis. 9.2 There is no limit on the amount of unused vacation leave hours that may be accumulated by members of this unit. N 9.3 Upon termination of employment with the CITY, a member of this unit shall receive pay for their current vacation leave balance up to a maximum of the employee's annual entitlement at their current base hourly rate. 9.4 A member of this unit may exercise an option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's current base hourly rate on an hour per hour basis. ARTICLE 10 - ADMINISTRATIVE LEAVE 10.1 Each member of the unit shall be eligible to earn thirty-two (32) hours of administrative leave per fiscal year. 10.2 The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employees and particular regard for the needs of the service. 10.3 No administrative leave may be fiscal year, except upon prior Unused administrative leave may with the CITY. accumulated for use in a following approval of the City Administrator. not,be cashed -out upon termination 10.4 Each member of the unit may be eligible for additional administrative leave upon authorization from the City Administrator. Such administrative leave may be granted when employees are required to perform their responsibilities in times of immediate threat to public health safety and property, beyond their regular work schedule. The approval of such time is not guaranteed, and sole discretion without appeal rights rests with the City Administrator, and is expressly eliminated from the Grievance Procedure. Recognizing the impact of the Fair Labor Standards Act, employees in this unit will be sensitive to the operational needs and financial limitations of the City, and will therefore attempt to limit the use of overtime by employees in their respective areas of responsibility. ARTICLE 11 - SICK LEAVE 11.1 During the term of this agreement, sick leave shall be earned at the rate of eight (8) hours for each calendar month of service. Unused sick leave shall be accumulated to a total of not more than nine hundred and sixty (960) hours. 11.2 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first seven hundred twenty (720) hours of his/her accrued sick leave at thirty-five percent (35%) of the employee's rate of pay as of the date of service retirement. 11.3 Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. 7 ARTICLE 12 - MILEAGE CITY will pay $.20 per mile as reimbursement to members of the unit for all mileage they incur when on official business, provided there is no CITY car or other pool car available for CITY business. Said reimbursement shall be subject to availability of funds in the CITY budget and approval by the Department Head. ARTICLE 13 - NO STRIKE, NO LOCK -OUT 13.1 During the term of this agreement, the CITY will not lock -out any employees nor will the employees cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the employees. 13.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 13.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 14 - FULL UNDERSTANDING, MODIFICATION WAIVER 14.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 14.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 14.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratified by the members of this unit. 14.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. F, ARTICLE 15 - SEPARABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Signature Forrest W. Henderson (b. it Date Representative, Management Bill Boucher &Z9/68 Date RESOLUTION NO, 60-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN INTERIM USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR MINOR PARK FACILITY IMPROVEMENTS TO LILA KAISER PARK T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 16th day of June, 1988 held a duly noticed PUBLIC HEARING to consider a City initiated request for an Interim Use Permit and Coastal Development Permit to allow construction of a scorebooth for the westerly sportsfield at Lila Keiser Park located at the southerly terminius of J Street and adjacent to Morro Creek; and WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the request by adoption of Planning Commission Resolution No. 25-88; and WHEREAS, the Environmental Coordinator determined that the project will not result in a significant adverse impact on the environment, and therefore, qualifies for the filing of a Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on June 13th, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the request and recommendations made by the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission recommendation and the arguments of all persons, wishing to testify, the City Council found the following facts and reasons to justify approval of the Interim Use Permit and Coastal Development Permit: 1. The construction of a scorebooth at Lila Keiser Park is consistent with both the LUP and zoning designations because the Interim designation allows for recreational uses. Previous City approvals have established the consistency of the park at this location. 2. The requested uses meet the intent of section 17.60.050 B. of the zoning ordinance as follows: the scorebooth, while constructed as a permanent structure is inexpensive and can be easily demolished and removed if necessary; the scorebooth is a minor improvement in the context of the existing public park facilities and is subordinate to the existing visual setting; the property owner, leases the site to the City under terms and agreements acceptable to both, and the lessor has provided a letter authorizing the City to consturct a scorebooth. City Council Resolution No. 60-88 Page Two 3. The conditions of approval can set the term for the interim use permit as an indefinite period to coincide with the li'�e of other park facilities at the site. 4. No landscaping or screening plan is necessary as the area is now fully landscaped and screened as a result of previous park development. 5. The requested approval is consistent with the terms of the interim urgency ordinance No. 318 because the construction proposed is a minor addition to the park facilities that in no way prejudice the City's planning activities for the areas that are now in progress. The planning studies resulting from interim ordinances 301, 304, and 318 are nearing conclusion and no proposals have been received or contemplated that would result in making the existing park facilities inconsistent. Even is this were not the case, the limited scale and cost of the improvements contemplated would not alter the City's ability to plan and implement some other land use arrangement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve of Case No. IUP 20- 88/CDP 64-88R, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of June, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None TRUITH DAVIS, City e-rR 0 CUNDITIUSS OF APPROVAL Case No. IUP 20-88/CDP 64-88R STANDARD CONDITIONS 1. This Special Use Permit/Coastal Permit, are granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior. to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with'the Director of Planning and Community Development written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. Conditions of Approval IUP 20-88/CDP 64-88R Page Two SPECIAL CONDITION'S 7. The Planning Commission can set the term for the interim use permit as an indefinite period to coincide with the life of other park facilities at the site. iC n Y O T 4 s1 p �m< n l� T N W �H f^ v � L � O i D l< "J I Cb Y O yj � O O � rn m It lid �oysesj 2 0, .t, •'j5', �IJD'�UM1Ob.�'� J E: af- STREET RESOLUTION NO. 59-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN INTERIM USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR MINOR IMPROVEMENTS TO AN EXISTING RECREATIONAL VEHICLE PARK AND CAMPGROUND 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, California, on the 16th day of June, 1988 held a duly noticed PUBLIC HEARING to consider the request of Morro Dunes RV for an Interim Use Permit and Coastal Development Permit to modify an existing driveway location, enlarge an existing office and inpark store, and install electricity and cable television services to an existing dry camp facility for property located at 1700 Embarcadero; and, WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the request by adoption of Planning Commission Resolution No. 23-88; and WHEREAS, the Environmental Coordinator determined that the will not result in a significant adverse impact on the environment, and therefore, qualifies for the filing of a Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on June 13th, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the request and recommendations made by the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission recommendation and the arguments of all persons, wishing to testify, the City Council found the following facts and reasons to justify approval of the Interim Use Permit and Coastal Development Permit: 1. The requested improvements zoning designations on the allows for recreational approvals have established this location. are consistent with the LUP and site as the Interim designation facilities and previous City the consistency of the use at 2. The requested uses meet the intent of section 17.60.050 B. of the zoning ordinance in that the uses are inexpensive, minor improvements that can be removed easily and without hardship to the applicant if necessary; all improvements are subordinate tot he visual setting. 3. The conditions of approval establish a limited term for the life of this approval to expire in 1997. 0 City Council Resolution No. 59-88 Page Two 4. The conditions of approval establish necessary controls on signing, landscaping, fencing, and safety of ingress and egress from the facility for motor vehicles and pedestrians. 5. The requested approval is consistent with the terms of the interim urgency ordinance No. 318 because the construction proposed is a minor addition to the existing recreational facility that in no way prejudice the City's planning activities for the areas that are now in progress. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve of Case Nos. IUP 12-88/ CDP 63-88R, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of June, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None CUgDITIUSS OF APPROVAL Case No. IUP.12-BB/CDP 63-BBR STANDARD CONDITION'S 1. This Special Use Permit/Coastal Permit, are granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior, to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community. Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with'the Director of Planning and Community Development written acceptance of the conditions stated 'herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development 'Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. Conditions of Approval IUP 12-88/CDP 63-88R Page Two SPECIAL CONDITIONS 7. Prior to obtaining a building permit the applicant shall obtain any water equivelencies or water approvals that may be determined to be required by the Director. B. Prior to obtaining a building permit any modifications to the existing sign program shall be approved by the Director. 9. Prior to obtaining a building permit a detailed landscaping plan shall be submitted to and approved by the Director. 10. Engineering details of all improvements in the public right of way shall be prepared to conform to City standard specifications and shall be reviewed and approved by the Director of Public Works. Encroachment permits shall be required prior to beginning work in the public right of way. 11. Installation of electrical service and cable television service to the dry camp area shall be performed according to the requirements of the service providers. 12. The portion of the existing fence at the northwest corner of the project site which extends onto the parcel occupied by the City's wastewater treatment plant shall be removed in order to provide for reasonable sight distances for traffic entering and leaving the project site and the treatment plant driveway. 13. The term of this interim use permit shall coincide with previous use permit approvals for the site (CUP 07-83 amended) which provides a term expiring in 1997. 0 RESOLUTION NO. 58-88 It A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO GRANT ADMINISTRATIVE EXCEPTIONS TO THE PARKING STANDARDS OF THE MUNICIPAL CODE FOR TWO YEARS IN DOWNTOWN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, unlike other commercial areas of Morro Bay, many small businesses in the downtown area of Morro Bay are currently experiencing a period of economic difficulty and decline that is reflected by numerous turnovers in business operations; and WHEREAS, the current economic environment in downtown Morro Bay has resulted in particular hardship for small retail and food service business owners and the community in general through loss of earnings and loss of revenue; and WHEREAS, many such business owners desire to reverse this trend by investing in and expanding an existing business or through development of new facilities, but are hampered in making such improvements by the costs or difficulty in meeting the parking requirements of the city's current parking ordinance; and WHEREAS, a draft circulation plan recently prepared and approved in concept by the City Council included a study of the parking situation in the downtown area defined on the attached exhibit A, and concluded that there is no immediate parking shortage; and WHEREAS, a 5-week City pilot program in the summer of 1987 enforcing the two-hour parking limits posted in the downtown area produced only 16 warnings and 6 parking citations, causing the conclusion that availability of downtown parking is not a problem; and WHEREAS, removing the burden of the parking requirements from such businesses is envisioned by the Council as a means of encouraging improvements and investments in the individual businesses with related community wide benefits, so long as there remains an adequate parking supply; and WHEREAS, the City is committed to the implementation of an overall parking management plan for the downtown area designed to provide long-term resolutions to parking requirements, and this plan is currently under preparation by the City, and WHEREAS, the parking exceptions will not constitute a grant of a special privilege inconsistent with the parking limitations upon other properties in the vicinity because the parking exception will be equally available to all retail and food service businesses in the area and any beneficiaries of the exception shall be required to participate in any future parking assessment district that may be formed; and WHEREAS, the exceptions will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity because there is not a current parking shortage in the area; and City Council Resolut * No. 58-88 Page Two WHEREAS, the exception is reasonably necessary for the full enjoyment of uses permitted upon the above classes of commercially zoned properties because many business persons are unable to meet the normal parking standard; and WHEREAS, exceptions to the parking ordinance in the downtown area will not adversely affect public access to the shoreline. NOW THEREFORE, BE IT RESOLVED by the City of Morro Bay, that, for a period not to exceed two years from the date of this resolution, the Community Development Director shall grant exceptions to the requirements of the parking ordinance pursuant to the provisions of section 17.44.050 of the Municipal Code; and BE IT FURTHER RESOLVED THAT, the exceptions will apply to new or expanded commercial retail or food service businesses, but not to any other kinds of businesses; and BE IT FURTHER RESOLVED THAT, the area within which exceptions may be granted is the downtown commercial area shown on the attached exhibit which is made a part of this resolution; and BE IT FURTHER RESOLVED THAT, approval of the parking exception will be subject to contribution to the improvement of the building facade or street amenities equal to 10% of the value of the building improvements proposed. BE IT FURTHER RESOLVED THAT, any applicant receiving the parking exception shall enter binding agreements with the City to not protest their inclusion in any future parking assessment district that may be formed by the City in the downtown area. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of June, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None I F.10 D)NY0 IYAPAf:41�*iN�79 ,���� :• �i_ELL, Mayor U "/I P-1 HET El EN❑ t r Downtown .Parking C Incentive District RESOLUTION NO. 57-88 A RESOLUTION REJECTING ALL BIDS ON WATERLINE REPLACEMENT PROJECT NO. 87-10 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council, pursuant to Public Contract Code §20166 and the Morro Bay Municipal Code §3.08.1001, has the discretion to reject all bids presented and readvertise; WHEREFORE, after conducting public hearings on May 9, May 23, and May 25, 1988, reviewing the staff reports and other information presented by City Staff and hearing all comments by interested parties, the City Council hereby makes the following finding of fact: The interest of the City and the citizens of Morro Bay will best be served by rejecting all bids and readvertising the project; THEREFORE BE IT RESOLVED, based on said finding and the evidence presented to Council and in accordance with Section 20166 of the Public Contract Code and Section 3.08.1001 of the Morro Bay Municipal Code, the City Council hereby rejects all bids on Project No. P.W. 87-10. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of June, 1988 by the following roll call: AYES: Lemons, Sheetz, Reddell NOES: Donnelly, Odell ABSENT: None ATTEST: J".• • 0 RESOLUTION NO. 56-88 RESOLUTION SUPPORTING STATE LEGISLATIVE REFORM OF THE CALIFORNIA WORKERS COMPENSATION SYSTEM (SB 323) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, job stress claims have become the fastest growing type of workers' compensation claim; and WHEREAS, the California Workers' Compensation System was never designed to deal with claims in which employees said they were suffering from routine and cumulative emo- tional job stress; and WHEREAS, the City of Morro Bay has also in recent years experienced a proliferation of stress and psyche trauma claims and awards; and WHEREAS, a special California legislative committee, the Conference Committee on SB 323 (Lockyer), is working diligently for workers' compensation reform; and WHEREAS, the Governor has developed a proposal for workers' compensation reform, including a provision to limit questionable job stress claims; and WHEREAS, the likelihood of major reform to the Califor- nia Workers' Compensation System is the best in many years. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council urges the Governor and the Legislature to limit job stress claims in their legislative provisions including: 1. The elimination of job stress claims which result from pressures and tensions ordinarily encountered by employees performing the same or similar kind of work; and 2. The elimination of job stress claims filed by workers caused by personnel actions such as demo- tions, job transfers, reclassifications and terminations. Resolution No. 56-88 Page 2 PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13th day of June, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 55-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR WATER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable water supply; and WHEREAS, the City Council finds that adjustments in rates charged for this service is necessary to provide additional funds for system maintenance, operation and improvements; and WHEREAS, the City Council finds that adjustments in rates are necessary to fund EIR and Feasibility studies of the San Bernardo Creek Project; and WHEREAS, the City has successfully completed a six month trial period of monthly billing and wishes to formalize this procedure; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of water user rates, fees and deposits for services is adopted, effective for the 1988-89 fiscal year and thereafter. MONTHLY WATER RATES Minimum charge/monthly . . . . . . . . . . . $ 1.94 (includes up to 200 ccf of water use) Use Charge/100 cubic feet: 0- 2 . . . . . . . . . . . . . . . . . $ .97 3- 10 . . . . . . . . . . . . . . . . . $ 1.22 11- 25 . . . . . . . . . . . . . . . . . $ 1.53 26- 50 . . . . . . . . . . . . . . . . . $ 1.78 51- 75 . . . . . . . . . . . . . . . . . $ 2.08 76-100 . . . . . . . . . . . . . . . . . $ 2.34 101-greater . . . . . . . . . . . . . . . $ 2.64 OTHER WATER RATES Reconnect charge . . . . . . . . . . . . . . $ 31.00 Delinquent charge . . . . . . . . . . . . . . 10% Construction meter: Setting charge . . . . . . . . . . . . . $ 31.00 Use charge/day. . . . . . . . . . . . . $ 3.00 Use rate/100 cubic feet . . . . . $ same as residential use charge 0 RESOLUTION NO. 55-88 PAGE TWO Deposit: Residential renter. Construction renter $ 50.00 $ 65.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 13th day of June, 1988 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Lemons, Odell, Sheetz None None Donnelly, Reddell ARDITH DAVIS, City Clerk RESOLUTION 54-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR SEWER SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City seeks to continue to provide for a properly functioning wastewater collector and treatment system, complying with the U.S. Environmental Protection Agency and State Water Quality Control Board requirements; and WHEREAS, the City Council finds that adjustments in rates charged for these services are necessary to provide additional funds for system maintenance, operation and improvements; WHEREAS, the City has successfully completed a six month trial period of monthly billing, and wishes to formalize this procedure; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of user rates, fees, and deposits for services is adopted, effective for the 1988-89 fiscal year and thereafter. MONTHLY - SEWER RATES Residential/unit . . . . . . . . . .$ 6.75 flat (surcharge - 10 ccf). . . . . . . . .$ .95/ccf Mobile Home Park . . . . . . . . . . . . .$ 1.20/ccf Commercial (domestic strength) . . . . . .$ 1.20/ccf Restaurants and Bakeries . . . . . . . . .$ 2.75/ccf Retirement Home/Convalescent Hosp. . . . .$ 2.15/ccf Motel . . . . . . . . . . . . . . . . . . . $ 1.50/ccf Mortuary . . . . . . . . . . . . . . . . . $ 1.80/ccf Schools and Public Buildings . . . . . . .$ .95/ccf Seafood Processors . . . . . . . . . . . .$ 2.75/ccf Water Softening . . . . . . . . . . . . . .$ .95/ccf Fixed Fee (all users per meter). . . . . .$ 1.10 flat Minimum (all users per meter). . . . . . .$ 6.75 flat Delinquent Charge . . . . . . . . . . . . . 10% RESOLUTION NO. 54-88 PAGE TWO PASSED AND ADOPTED by the City Council Bay at a regular meeting held thereof on the 1988, by the following roll call vote: AYES: Lemons, Odell, Sheetz NOES: None ABSENT: None ABSTAIN: Donnelly, Reddell ATTEST: ARDITH DAVIS, City Clerk of the City of Morro 13th day of June, 0 RESOLUTION NO. 53-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING NEW WATER AND SEWER AVAILABILITY CHARGES FOR THE VARIOUS CITY WATER ALLOCATION PROGRAMS WHEREAS, the City has established a water equivalency program for the allocation of water to new users in a reasonable and orderly fashion; and WHEREAS, the City has established an availability charge for recovery of a proportionate share of the cost of infrastructure in the water and sewer systems from the new user; and WHEREAS, the City Council finds that adjustments in availability charges is necessary to fund EIR and feasibility studies of the San Bernardo Creek Project; and WHEREAS, the City Council finds these fees are necessary for the usual and current expenses of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of fees is adopted effective June 14, 1988 and thereafter. FEES PER WATER EQUIVALENCY PROGRAM Pipeline Replacement Equivalency: Water Availability Charge $3,575.00 Sewer Availability Charge 2,750.00 Total $6,325.00 Retrofit Equivalency: Water Availability Charge $1,525.00 Sewer Availability Charge 687.50 Total $2,212.50 Blended Equivalency: Water Availability Charge $2,550.00 Sewer Availability Charge 1,718.75 Total $4,268.75 0 RESOLUTION NO. 53-88 PAGE TWO PASSED AND ADOPTED by the City Council Bay at a regular meeting thereof held on the 1988, by the following roll call vote: AYES: Lemons, Odell, Sheetz NOES: None ABSENT: None ABSTAIN:Donnelly, Reddell ATTEST: ARDITH DAVIS, City Clerk of the City of Morro 13th day of June, • RESOLUTION NO. 52-88 46 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT ON A PORTION OF LEASE SITE 71, AND ADDING AND DELETING PERMITTED USES ON LEASE SITE 71-72W 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 71; and WHEREAS, Morro Bay Marina 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 Bruce and Kathy Lewis, doing business as Kathy's Place II, a copy of which sublease agreement has been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to: 1. The sublease of a portion of Lease Site 71 to Bruce and Kathy Lewis, doing business as Kathy's Place II; and 2. Addition of Retail Clothing Store as a permitted use on Lease Site 71-72W; and 3. Living quarters for lessee is deleted as a permitted use on Lease Site 71-72W. Said consent is hereby given subject to receipt and approval of all required documents by the City Attorney; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to sign any and all required documents to complete this agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of May, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None )LD, I DALE REDDEL , Mayor ATTEST: ARDITH DAVIS, City Clerk T H E C I T Y C O U N C I L City of Morro Bay, California RESOLUTION NO. 51-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING RESOLUTION NO. 95-87 IN ITS ENTIRETY AND ANNOUNCING FINDINGS AND RECOMMENDING A GENERAL PLAN AND COASTAL LAND USE PLAN AMENDMENT AND CORRESPONDING CHANGE OF ZONE FOR CERTAIN DESCRIBED PROPERTIES CASE NOS. CUP GPA/LCP/ZOA 01-87 WHEREAS, the City Council of the City of Morro Bay, California, did on the loth day of August, 1987, and the 23rd day of May, 1988, hold a duly noticed PUBLIC HEARING to consider the request of James Merzon for an amendment to the General Plan Land Use Element and Certified Local Coastal Program changing the designation from low -density residential to low -medium density residential; and, consideration of a change of zone from R-A to R-1, for a d10,800 square foot site generally located at the southeast corner of Ironwood Avenue and Sequoia Court; more specifically described as: Portion of APN: 65-150-10 Portion of Lot 2, Parcel Map No. 79-278 WHEREAS, the Environmental Coordinator has determined that the subject project amendments and change of zone will not result in a significant adverse impact on the environment, and therefore, qualifies for the filing of a Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, the City has complied with all public review requirements pursuant to Section 13515 (a)(2) through (6) and 13515 (c) of the Coastal Act Regulations, and all other statutory requirements for public noticing, and review of applicable state and local regulations, and WHEREAS, at said Public Hearing, after considering the staff reports, the recommendation of the Planning Commission, and the arguments of all persons wishing to testify at the hearing, the City Council did find the following facts and reasons to justify its action in this matter: General Plan and Coastal Land Use Plan Amendment The orderly growth and physical development of the community would better be served by the contemplated land use designation; City Council Resolution No. Page Two 2. The contemplated land use is consistent with other applicable policies of the City General Plan; 3. The contemplated amendment is in conformance with and helps to implement the California Coastal Act. Change of Zone 1. The proposed zone district is consistent with, and implements the contemplated land use designation; 2. The proposed zone district is compatible with the use and enjoyment of adjacent properties. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council on this matter; and 2. That the Council does hereby approve of a General Plan Land Use Element and Certified Local Coastal Program amendments and corresponding zone change for property described hereon and illustrated in the attached exhibit, labeled Exhibit "All. 3. That the City Council hereby certifies that the amendments are intended to be carried out in a manner fully in conformity with the California Coastal Act and the certified Local Coastal Program of the City of Morro Bay; and 4. That the amendments will take effect automatically upon Coastal Commission approval. 5. That this resolution amends in its entirety previous Council Resolution No. 95-87. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23th day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz NOES: None,/ ABSTAIN: REDDELL ATTEST: ' Y PAUL• DONNELI.Y , Mayor Pro Tem %/ -e AAII7T y Clerk a f D � X � N• N � m .,., cn � Z � c _ -•1 ti ID a j 3 O •` ? ul� M .'o O m 0 (1] m v _ v m �- En 9 .. i--1 • • RESOLUTION NO. 50-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, GRANTING AN APPEAL AND MODIFYING THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR A VARIANCE TO ALLOW TANDEM PARKING T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, after a duly noticed public hearing on March 7, 1988, did approve a request by James Skaff for a variance from parking standards to allow a tandem garage located at 458 Fresno Avenue in the R-1 zone; more particularly described as: APN 66-191-16 Block 21, Lot 13 City of Morro Bay County of San Luis Obispo State of California WHEREAS, on March 21, 1988, the original applicant did appeal the Planning Commission's conditions of approval to the City Council; and WHEREAS, the City Council of the City of Morro Bay did on May 9, 1988, hold a duly noticed public hearing on said appeal; and WHEREAS, at said Public Hearing, after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both oral and written, of all persons wishing to testify at the hearing, the City Council did find the following facts and reasons to justify granting the appeal: 1. That the City of Morro Bay did issue a building permit to allow an addition as proposed by the applicant. The applicant in good faith initiated construction and almost completed the addition when it was found that it did not comply with parking requirements. For the applicant to provide the required parking, substantial modifications at this late date represent a hardship and a special circumstance; and 2. That the subject property has a substandard width and if the applicant were to provide parking in accordance with City standards, turning movements for vehicles on the property would be constrained given the limited physical size of the property; City Council Resolution No. 50-88 Page Two 3. That if two full sized parking spaces were provided in accordance with the applicant's request, there would be a significant loss of open space, an increase in the amount of imperious surfaces, and building mass. These factors would decrease overall livability for surrounding properties and is representative of a special privilege. Therefore, the Commission hereby modifies the applicant's proposal in accordance with the conditions attached hereto. 4. That the City of Morro Bay has approved other variances in the surrounding area to reduce parking requirements; thus, approval of this request is not a special privilege. Furthermore, there are other residences within the general area of similar or greater size which do not meet parking requirements; 5. That the City of Morro Bay has found that the request is consistent with the low -medium density residential designation as provided in Morro Bay's Coastal Land Use Plan. The proposal does not impact public views, inhibit public access to the coast or place an excessive demand on coastal resources; 6. That because of special circumstances applicable to the subject property, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical R-1 classification; 7. That the Variance requested will not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the vicinity and in the R-1 zone in which the subject property is situated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council on this matter; and 2. That the Council does hereby grant said appeal and does thereby approve Variance 02-88, to allow the construction of a tandem garage on the rear of the property, with conditions attached hereto. J City Council Resolution No. 50-88 Page Three PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Rbddell NOES: None ABSENT: None ABSTAIN: Sheetz ATTEST: T�VT3 71 y�Tcr CONDITIONS OF APPROVAL Case No VAR 02-88 STANDARD CONDITIONS 1. This Variance is granted for the land described in the dppli0dtion and any attachments thereto and as shown on Exhibit A and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibits, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by he Planning and Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. v XTElyr -0 00 q -77 -=W 4- j I M,5kAFi= I/ 5--S? /=p ;gAl 0 0 • RESOLUTION NO. 49-88 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TIDELANDS PARR RECREATIONAL PHASE PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Grant - In -Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing appli- cation by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to cer- tify by resolution the approval of applications and the avail- ability of local matching funds prior to submission of said applications to the State; and WHEREAS, the proposed Tidelands Park Recreational Phase project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan - 1988; 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 hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from the general fund, park fee fund, and harbor fund and can finance 100 percent of the project, half of which will be reimbursed, and Certifies that the project is compatible with the land use plans of those jurisdictions immediately surround- ing the project; and i PAGE 2 RESOLUTION 49-88 4. Appoints the City Administrator as agent of the City to conduct all negotiations, execute and submit all docu- ments including but not limited to applications, agree- ments, amendments, billing statements, and so on which may be necessary for the completion of the aforemen- tioned project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ARDITA DAMS CITY CLERK D E REDDELL MAYOR 0 m i RESOLUTION NO. 48-88 RESOLUTION ADOPTING THE 88/89 MASTER FEE SCHEDULE THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of living; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the costs of providing the regulation product or service do not constitute "Proceeds of taxes"; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the actual cost of providing the related service; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual adoption of the Master Fee Schedule by Council Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted and will be effective July 1, 1988, and thereafter unless changed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 23rd day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE 'E��DMayor- ATTEST: ARDIIn DAVIS, City Clerk CITY OF MORRO BAY MASTER FEE SCHEDULE for fiscal year m CITY OF MORRO BAY MASTER FEE SCHEDULE Table of Contents Administration......................................... 1 Finance Department ..................................... 2 Community Development .................... I............. 3 Police.................................................10 Fire.................................................11 Public Works...........................................12 Harbor.................................................14 County Pound Master....................................16 Health Officer.........................................17 Recreation.............................................18 0 City of Morro Bay Master Fee Schedule July 1, 1988 Administration Type Section Vehicle Registration Operation on certain Public property - permit 10.28.190 Use Permit for residents on restricted streets 10.44.020 Filing Fee Notice of intention to circulate petition E.C. 4002 (B) (Refundable with conditions) Copies Copies mailed Base Present Revised Fees $26 $27 $26 $27 $0 $200 $0.10 $0.15 $2 + page fee + postage 11 • City of Morro Bay Master Fee Schedule July 1, 1988 Finance Department Type Business License Listing Budget & Financial Statements Bounced Check Charge Section Base per list per copy per check Present Fees $10 Revised $10 $18 $18 City of Morro Bay Master Fee Schedule July 1, 1988 Community Development Type Section Base Present Revised Fees Building & Construction Permit Fees 14.12.080 UBC UBC Civil Defense Shelters Permit Fees 14.36.200 UBC UBC Unsafe Buildings Repair or Demolition 14.40.250 Expenses Expenses Marine Docks Permit 14.52.030 UBC UBC Moving of Demolition Bldgs Permit & Inspection Within or to City 14.56.270 UBC UBC Signs - Permits Valuation of signs 14.64.120 UBC UBC Sign - Exception Permits 14.64.130 $105 $109 Harbor Structure Permit 15.20.020C UBC UBC Zoning Use Permit New Construction $734 $763 Minor Additions of 50% or Less and Charges to Non -Conforming Uses $315 $328 Occupancy Charge Only $105 $109 Variance Minor (Administrative, and single family, setbacks, and Parking standards) $105 $109 Use Permit Arcades $315 $328 TV Satelite dish antenna $105 $109 Zone change, Coastal Plan or General Ammendment (If application is for any combination of these the single base fee will be charged plus 10% for a related change or ammendment $997 $1037 Code Compliance, Building Inspection $42 $44 Land Use Confirmation Letter 1 $31 $32 3 City of Morro Bay Master Fee Schedule July 1, 1988 Community Development Type Tentative Parcel Map Review Tentative Tract Map Review Certificate of Compliance Environmental Asses Report Initial Non -Exempt Environmental Impact Study Time Extensions for use permits and Tract Maps Time Extensions for Varinaces and Parcel Maps Amendments to Use Permits Subdivision Maps & Variances Coastal Permits When a Coastal Permit and other Permit (except a variance), are both required the fee shall be Section Base Present Revised Fees $315 $328 $734 $763 $52 $54 $105 $109 10% Contract 10% Contract $105 $109 $105 $109 1/2 original 1/2 original fee but not fee but not less than less than $52 $54 110% of the 110% of the greater fee greater•fee Residential Single Family Dwelling $26 $27 2-4 Unit multiple dwelling $105 $109 Mult res - 4 units & over $315 $328 Office Commercial Convention & Industrial Less than 10,000 sq ft (gross) $315 $328 Less than 25,000 sq ft $525 $546 Land Divisions Lot Line Adjustments Treat as a minor land division unless qualified for an administrative permit $26 $27 Other Land Divisions $79 $82 City of Morro Bay Master Fee Schedule July 1, 1988 Community Development Type Section Base Present Revised Fees Other Developments Emergency Permit $26 $27 Other Administrative Permits $26 $27 Other Non -Administrative $79 $82 Amendments to coastal permit 1/2 original 1/2 original fee not less fee not less than $26 than $26 Time Extensions SFR and Administrative $26 $27 Non -Administrative $79 $82 Other Inspection Fees Inspections outside of Normal Business Hours $19 $20 Reinspection Fees Sec 305g Hour $19 $20 Inspection for which no fee is specifically indicated (1/2 hour minimum) Hour $19 $20 Additional Plan Review Required by changes, additions or revisions to approved plans Hour $19 $20 Penalty Fee Commencing Construction without permit (including plumbing, electrical, 100 plus 100 plus mechanical, grading or double double demolition) permit fee permit fee Electrical Permit see Mechanical Permits UBC UBC Plumbing Permits UBC UBC 51, F CON2rUh'ZT'_ ^EVEi�OPp'EN'r'r Electrical - Fee schedule For Issuing Permits, each C"' OF MORRO BAY N.ASTER FEE SCHEDULE No price changes For services including one meter: For services, 600 each vvolts or less, not cer 200 A For services, above 600 volts or over 200 A, each For services over 6000 volts or over 100C amperes I rating, each Additional meters, each For receptacles, switches, lighting or other outleat which current is used or controlled: First 20, each For each additional unit exceeding 20 Each 5 feet or fraction thereof F assembly shall be on multi oLtlet For each 5 considered as one outlet bus duct oriPe' or fraction thereof of plug-in trolley duct For fsxt20es sockets or other lamp holding eevlce: Fir � each For each additional unit exceeding 20 Power Apparatus Fcr mctors; cen_r-- �.ors; �ranszOrmers; rectifiers, hea-"-OIIOL'S converters; capaicters; industrial heatine, cooking, or baking ecui -en+; apparatus as follows: p' and other Rating in horsepower -� Kolovclt-;.-mD re_es ( ••_ ) ? lOr att5 ( Lin) , O� ('-',VA) Up to and including 1, each Over 1 and not over 3, each Over 3 and not over 7 1/2, each Over 7 1/2 and not over 15, each Over 15 and not over 50, each Over 50 and not over 100, each . Over 100, each $ 10 $ 12.50 $ 25 S 50 S 2 S .50 .20 $ .40 S .50 S .20 S 2 S 3 S S S 6 S 10 S 20 S 30 NOTE: For ec_ui pment or acpliances having more than one motor or heater, the sum of the combined ratings .may be used. These fees include all switches, Circuit breakers, contractors, relays other directly related control ecui6ment. �ese fees are derived from the Uniform Building Code (UBC) and have not changed. : CITY OF MORRO BAY MASTER FEE SCHEDULE CONNUNITY DEVEELOPMENT For each high intensity dischargeNlamplce (inchanges cluding transformer) and equipment; using F -or each fixture For each projection maching, disolver, etc Residential appliances For fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens, counter -counter cooking tops, electric ranges, air conditioners or coolers, space heaters, food waste machines, water heaters clothes dryers, or motor operated appliances, not exceeding one (1) horsepower (HP_ in rating, each NOTE: For motor operated appliances over 1 (HP) see power apparatus Non -Residential appliances or self-contained, factory wired, non-residential appliances not exceeding one (Ifhorsepower (HP), Kilowatt (KW), or Kilovolt -ampere (F;V ), all rating including medical and dental a and ice cream cabinets illuminated fop, beverage drinking f litJninzted showcases, y ountains, vending machines, laundry machines, or other similar types of equipment each Signs Ou«,= Lacnt�nc, and Marquees For one sign,outline 1 « containingi,,- g system or marquee one branch cite , each For addit' � `��� i iona_ branch circuits within « o t_:ne g h sane sign n � e s e light- system, or marquee, each For egparatelY installed washers, timbers or other control devices, each S 2 S 10 S 2 For new construction, single family cwellincs and $ 2 dwelling areas of multi -family dwellincs t: Go_low_nc _lat rate may apply; this wi h include 11 outlets, range, dryer and any other miscellaneous circuits 1 Private Swimming Pools per 100 sc,Sft3 For new Private, residential, in -ground, swimming Pools _ g-e__�.,ily and multifamil}• occupancies including a complete system of necessary branch Circuit wiring, bonding, grounding, under water fighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each - S 20 CITY OF N.ORrO EF.'i MASTER FEE SCI':EDULr CO!'YMJNITm ' ,'ZL PE SECTION BF.SE !:o price changes REVISED Carnivals and Circuses Carnivals, circuses, c_ other traveling shows - exhibitions utzi. g transportable -type rides booths, displays andattracor.s For electric egenerato_s and electrically driven rides, each For mechanical_'y driven ridesS and wall: throuch i0 attr actions or displays having electric lighting, each For a system ofarea and boc-:h l _ght_�g, each S 3 5 3 Temporary Power Service For a temporary service power pole or pedestal including all �, P �e or pedestal -mounted receptacle outlets and appurtenances, each 5 i0 For eac:^. extra inspection made necessary by defective workmanship or materials 5 15 For the in _ sPecton of any electrical equipment fer which no fee is herein prescribed for the time consumed perr.our S 20 with m4r.477,1 cha__r, �e 1/2 :^.our or less S 10 For each roc::. cohtairinc ceiI nc cable 'neat S 2 An}' person who shall whicconaence any electrical work for h a permit is required by -•, first having this ordinance wit'r.out a�_.., ob`�a•ne- a permit therefore shall, _ Sl:Jsecuent'y cranted�to obtain a permit, nay a� -- additional fee equal to double the _ • -e De_;m,_t fee, plus Si00, __xed by the sectio.1 for such work =rovided that this sha_l not aPplY to emercency wort y the Sat" c-; K. when it shall be Droved -s=a -_on or the Chief Building Inspector that Such w0r}: Wd5 urgently O bnecessar% and that it was not p^aa lCal taln a De rm,it therefore before the com-mencement of work. _n all such cases, a permit is prat must be obtained as soon as it ctical to do so, and i= there be an unreasonable delay ir. obtair. nc such a permit a double fee as herein Provided shall be charged. Electrical Plan Check Fee i whenever electrical 1 Buildinc =_; P ans are recuired by the O--_czal, Plan check fees shall be in accordance with the following schedule: •8 - 1 CITY OF MORRO BAY MASTER FEE SCHEDULE COMMUNITY DEVELOPMENT Fifty percent o: the Electrical Permit fee shall be required. t 9� City of Morro Bay Master Fee Schedule July 1, 1988 Police Type Section Base Present Revised Fees Bingo Games Permit 9.12.050I annual $34 $35 Alarm Systems Permit 9.22.020A $6 $6 Connection Fee 9.22.020B cost cost Vehicle Removal 10.48.090 $46 $48 Bicycle License 10.52.020C $2 $2 Fingerprinting $10 $10 Copies of Reports $8 $8 Concealed Weapon with Fingerprints $115 $120 Clearance Letter $10 $10 General Police Permits $10 $10 10 0 City of Morro Bay Master Fee Schedule July 1, 1988 Fire Type Section Base Present Revised Fees False Alarm Response After 2 calls/month call $75 $78 Remove Gasoline From Underground tanks 14.60.070 $136 $141 Fire Alarm Inspection $100 $104 Alarm & Sprinkler Inspection $126 $131 Helicopter Standby $105 $109 Underground Fuel Tank Line Testing $57 $59 Fueling Boat at Non -Fuel Dock $105 $109 EMS Assistance in Ambulance $28 $29 Inspection - Fixed Fire Extinguisher System over cooking surface Restaurant $68 $71 Fire Code Plan Check Fee $20 $21 Hazardous Material Cleanup $315 $328 Plus Costs Copies of Alarm Reports $2 $2 Patient Transport by Fire Department $315 $328 City of Morro Bay Master Fee Schedule July 1, 1988 Public Works Type Vehicle Registration Prohibited Vehicle Permit Advertising Vehicle Permit Flood Hazard Dev Permit Subdivisions Final Map -Tract + per lot Final Parcel Maps with Improvements Final Parcel Maps without Improvements Inspection a Section Base Present Revised Fees 10.28.130E $26 $27 10.28.140 $26 $27 14.72.110 $315 $328 16.24.050B1 16.28.010 Staking Restaking Encroachment Permits (includes underground utilities) Regular 13.16.140 Major Special -A Engineered Structures Special-B Non -structured Nuisances - Weed abatement 8.12.090 Streets & Sidewalks Exception Application Trees Deviation Permit 12.08.040 Removal Permit 12.08.040 Utility permit to trim brace or remove 12.08.110 Business permit to trim, brace or remove 12.08.120 Destruction or attachment permit 12.08.130 Mini Bus Rental Plus the Greater of Per mile or Per Hour 12' $787 $818 $3 $3 $577 $600 $199 $207 Engineer estimate of construction cost 3% Time & Material Time & Material $52 $34 $367 $382 $210 $218 $75 $78 C.R. C.R. $105 $109 $52 $54 $52 $54 $16 $17 $16 $17 $0 $0 $23 $24 $3 $3 $37 $38 City of Morro Bay Master Fee Schedule July 1, 1988 Public Works Type Section Base Present Revised Fees Water Service Application 13.04.070 $0 $0 Connection - City 14.04.100 Cost Cost Connection - Outside City Double Cost Double Cost Connection - Subdivision Owner Expense Owner Expense Main Extension Approval 13.04.120 Cost Cost Temporary Service Application 13.04.150B Expenses Expenses Meter Installation $252 $262 Meter Moved Owner Expense Owner Expense Meter Size Change Owner Expense Owner Expense Meter Test 13.04.180 Fast Error More than 2% $0 $0 Fast Error Less than 2% $68 $71 Circuses, Carnivals & Travelin Shows -Fire Hydrant 13.04.240 $19 $20 Reconnection 13.04.310 C.R. C.R. Fire Hydrants Contractor's Use 13.04.360 Meter installation & removal C.R. C.R. Meter Use, each day $3 $3 Water Use (see current water rate schedule) C.R. C.R. Water Cross Connection Certificate of Compliance 13.08.070B $13 $14 Water Usage 13.04.220 C.R. C.R. Sewers Connection Permit 13.12.010 cost cost Extension -pro rated 13.12.050 cost cost Use of existing sewer permit 13.12.090 C.R. C.R. Use charges 13.12.210 C.R. C.R Discharge fee House trailers & campers 13.12.250A $0 $0 Tank Trucks & Commercial 13.12.250B For each truck, for each 1,000 Gallon capacity $6 $6 Private Facility 13.12.280 $0 $0 Minimum & Availability chg 13.12.090 C.R. C.R. C.R. = Council Resolution 13 " a City of Morro Bay Master Fee Schedule July 1, 1988 Harbor Type Section Base Harbor Bait receiver permit 15.24.050 Dockage waiting list 15.32.020 Commercial Peasure Explosives loading & unloading permit 15.16.030 Emergency towing/remooring After first occurrence During working hours one man, one boat Additional Charges: Additional boat and man Additional man, each After Working hours one man, one boat Additional charges Additional boat and man Additional person, each Boat Pumpouts After first occurrence During working hours one man one boat Additional charges Additional boat and man Additional man, each After working hours one man, one boat Additional charges Additional boat and man Additional person, each T-Pier Hoist Equipment use, per hr Unloading fish, per hr Harbor lease site fees Changes in lease fees Changes in lease life Changes in lease use Assignments Lease conversions Live aboard permit application 15.40.01OF i 14 Present Revised Fees $0 $0 $250 $250 $75 $75 $33 $34 lhr min $48 $50 per hr $47 $49 per hr $26 $27 4 1/2 hr min $142 $148 4 1/2 hr $136 $141 4 1/2 hr $121 $126 1 hr min $48 $50 per hr $47 $49 per hr $26 $27 4 1/2 hr min $142 $148 4 1/2 hr $136 S141 4 1/2 hr $121 $126 $6 $6 $37 $38 $210 $218 $210 $218 $210 $218 $210 $218 $210 $218 $0 $218 11 City of Morro Bay Master Fee Schedule July 1, 1988 Harbor Type Section Base Present Revised Fees Dockage City Pier 0 - 49 ft/month $87 $90 0 - 49 ft/day $3 $3.00 50 - 74 ft/month $120 $125 50 - 74 ft/day $4 $4.17 75 - 99 ft/month $189 $197 75 - 99 ft/day $6 $6.57 100 - up ft/month $324 $337 100 - up ft/day $11 $11.23 Transient slips/day $6 $7 City Slips minimum/month $87 $90 City Slips, per ft/month $2 $2 City Slips, sublease/month $95 $99 Offshore mooring/month $35 $36 City Owned mooring/month $84 $90 NOTE: All dockage is subject to 10% discount if prepaid for 1 (one) year City of Morro Bay Master Fee Schedule July 1, 1988 County Poundmaster Type Section Base Present Revised Fees Animals and poultry Animals - Care 7.12.020 Poultry - Care Disposal 7.04.100 Dogs Impounding 7.08.090 License fee plus First occasion Second Occasion Third & each subsequent occasion in calander year Care 7.08.120 Quarantine 7.08.150 License 7.08.250 Under 4 months Altered Unaltered Late Payment Cats Impounding 7.12.010 * As set by San Luis Obispo County Officials 16` , City of Morro Bay Master Fee Schedule July 1, 1988 Health Officer Type Section Base Present Fees Kennels and pet shop permits 7.04.120 Radioactive Materials Transportation permit 8.28.020 well Application permit 14.68.070 Inspection 14.68.150 * As set by San Luis Obispo County Officials Revised 17' ' W w • I I I I o l4 I I I I O Si I I I I I I I W I I 1 I O I-( 1 ro I O� 1 O C 1 7 1 O C I 4J (U N N I • 0 1 • O 1 0 1 • 0 1 ' U) C C C I kO x I l(J x I O x I w x I O O 0 1 fR I tR I to 1 N! 1 z z z I 1 I I I I I E > I I I I I I I I ro N 1 1 1 I UI :i E ro 1 C) I O 1 O I I �D 1 I 0 0 I G1 :I C 1 0 C 1 N C 1 : . 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I -H 0 1 0 ro 1 LL .rt ro 7 0 •H I 0 1 w I 14 1 S4 I W J x 1'] U U I z 1 a 21 I QI 1 PI I q 0 • RESOLUTION NO. 47-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR A HOUSING REHABILITATION PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on February 8, 1988, the City Council of the City of Morro Bay, California, held public hearing to solicit public input on the community's needs and project options which could be addressed through the 1988 Community Development Block Grant (CDBG) program; and WHEREAS, based on the discussions at those meetings, the City has prepared an application for CDBG funds for a housing rehabilitation program; and WHEREAS, on May 9, 1988, the City Council did hold a duly noticed public hearing on said housing rehabilitation program proposal and grant application; and WHEREAS, field surveys, the community input, the City's adopted Housing Element all identified a serious need for rehabilitation within that portion of the City's existing housing stock which is affordable to low income households, which could be significantly and usefully addressed through CDBG funds; and WHEREAS, the City, in recognition of the seriousness and urgency of the rehabilitation need, will contribute to the proposed program by augmenting the CDBG funds with its own general fund monies, staff time and the waiver of usual permit and inspection fees. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the City Council has reviewed and hereby approves the citizen participation plan for compliance with federal statutes and that the plan was followed for this application; and 2. That the City Council has reviewed and hereby approves and authorizes submittal of an application for CDBG funds in the amount of $520,000, for a housing rehabilitation program; and 3. That the City Council has reviewed and hereby agrees to comply with all assurances executed in connection with the application and, if awarded, the grant; and City Council Resoikion No. 47-88 Page 2 4. That the City Council hereby authorized and directs the City Administrator to execute said application and to act on the City's behalf in all matters pertaining to this application; and 5. That the City Council hereby authorizes the following contributions toward the proposed rehabilitation program as augmentation to the CDBG funds, if approved: a. $10,000 from the City's general fund to be used for program administration. b. $3,000 in staff time from the Community Development and Finance Departments divided between program implementation and general administration. C. Waiver from all otherwise applicable building permit and inspection fees estimated at $5,000. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ATTEST: �.�- ityCler--k ---------- AR T�, C RESOLUTION NO. 45-88 A RESOLUTION REJECTING THE BID ON PROJECT NO. P.W. 87-09, POLICE STATION RENOVATION T H E C I T Y C 0 U N CI L City of Morro Bay, California WHEREAS, the City Council, pursuant to Morro Bey Municipal Code Section 3.08.100J, has the discretion to reject all bids presented; and WHEREAS, the City Council may readvertise, or proceed, without further public bidding, as provided in Morro Bay Municipal Code Chapter 3.08. THEREFORE BE IT RESOLVED, that in accordance with Section 3.08.100J of the Morro Bay Municipal Code, the City Council hereby rejects all bids on Project NO. P.W. 82-09. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ATTEST % ARDITH DAVIS, CITY CLERK "DALE REDDELL, MAYOR J Q F- O F- � q9 N , tl I q 0 � q r I 9 ql N al I s N I 8 I � V W F._. a w 0 o D == n v U 0 z m 0 J Q F- O H N 1 1 Bi N N N i gI Nil e' A I Ii 8 QO � I d HV WQ w z� ~ z N w o z J m w w D � I v.. O T z O F a FE U U) w 0 Q 6 z i� • p ► J Q � F- o H n1 I i t � I I I OI v_ o IR N �I � I c i I fl N I o ♦ • w FW Za Wa ,a U) W Ll w w w i ,n w 6 RESOLUTION NO. 44-88 RESOLUTION ADOPTING A STORM DRAIN MASTER PLAN FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the adoption of a Storm Drain Master Plan is prudent in order to provide for adequate infrastructure capacity and to serve as a support document for the approved City General Plan and its elements; and WHEREAS, the firm of John L. Wallace and Associates, has been contracted to prepare a Storm Drain Master Plan for the City of Morro Bay; and WHEREAS, on May 9, 1988, the City Council of the City of Morro Bay considered the adoption of said Master Plan; and WHEREAS, as a result of consideration the Master Plan, as prepared by John L. Wallace and Associates, has been determined to be in the best interest of public health and safety; and WHEREAS, the Morro Bay Planning Commission by the adoption of Planning Commission Resolution No. 05-88, did find the Master Plan, as submitted, to be in conformance with the approved City General Plan, its elements and City land use policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay does hereby adopt the Storm Drain Master Plan, as prepared by John L. Wallace and Associates. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ABSTAIN: ATTEST: DALE REDDELL, Mayor ARDITH DAVIS, City Clerk RESOLUTION NO. 43-88 RESOLUTION OF THE MORRO BAY CITY COUNCIL CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1988 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1988; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to gen- eral law cities in the State of California, a regular general mu- nicipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 8, 1988 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general elec- tion and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 8, 1988, a general municipal election of the qualified electors of the City, to be consolidated with the statewide gen- eral election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the elec- tion of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of a general municipal election with the statewide general election to be held on Tuesday, November 8, 1988; and Resolution No. 43-88 Page Two 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps neces- sary for holding of said consolidated election; and 5. 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 attributed to Morro Bay's consolidation with the statewide general election; and 6. The City Council hereby determines if two or more per- sons running for the same City office receive an equal and the highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 7. The City Clerk of the City of Morro Bay is hereby di- rected to file a certified copy of this resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 9th day of May, 1988 on the fol- lowing vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ��o C� DALE REDD L, Mayor� ATTEST: ARD TH DAVIS, City Clerk RESOLUTION NO. 41-88 RESOLUTION TO AWARD BID NO. PW 87-11 FOR WEED ABATEMENT MOWING TO JACK R. BRIDWELL OF AIASCAOERO, CA. T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morr❑ Bay had publicly advertised and opened bids on April 25, 1988, for said mowing services; and WHEREAS, the City Administrator recommends the award to Jack R. Bridwell of Atascadero as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Jack R. Bridwell, of Atascadero be hereby awarded the contract for weed abatement mowing in the amount of $S.75 per hour per foot width of cut. PASSED AND ADOPTE❑ by the City Council ❑f the City of Morro Bay at a regular meeting thereof held the 9th day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ATTEST: �lLCfL �� ARDITH DAUIS, City Clerk ❑ALE REDDELL, Mayor RESOLUTION NO. 40-88 RESOLUTION AWARDING RFP NO. PW88-120 TO UPDATE THE CITY OF MORRO BAY TRANSPORTATION DEVELOPMENT PLAN, 1988-1993 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay adopted on September 26, 1983 a Short -Range Transportation Development Plan (TDP) for the period FY 1983/84 through FY 1987/88; and WHEREAS, it is necessary and in the public interest to update said TDP to provide effective public transit planning, management, and operations and guidance to the City in making decisions regarding the delivery of public transit services for the period FY 1988/89 through FY 1992/93; and WHEREAS, the San Luis Obispo Area Coordinating Council (SLOACC), at the City's request, applied for and received an Urban Mass Transportation Act (UMTA) Section 8 Planning Grant to update said TDP in the amount of $9,000; and WHEREAS, the City Council adopted on June 22, 1987 a final budget for FY 1987/88; and WHEREAS, said budget included $3,000 in local matching funds pursuant to the requirements of said Grant; and WHEREAS, the total project budget for said TDP update is $12,000; and WHEREAS, the City Council adopted on August 24, 1987 Resolution No. 100-87 approving an Assignment Agreement between the City and SLOACC to initiate this project and allow the City to select the project consultant, manage the project, and provide oversight to the total effort; and WHEREAS, proposals to update said TDP were solicited pursuant to UMTA Section 8 Grant requirements; and WHEREAS two responses were received by 5:00 p.m., April 29, 1988, the deadline for submittal of proposals; and WHEREAS, said proposals have been reviewed by City and SLOACC Staff and JKaplan and Associates has been determined to be the most responsive transit consultant and best suited to perform the required work in the amount of $12,000. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award RFP No. PW88-120 to update the City's TDP for the period FY 1988/89 through FY 1992/93 to JKaplan and Associates in the amount of $12,000 and authorize the City Administrator to sign the necessary contract and all other documents related to said project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th Day of May, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz DALE RIDDEL'Mayor ATTEST: K�,�,Z,ew Z&e� ARDITH DAVIS, City Clerk RESOLUTION NO. 38-88 RESOLUTION AWARDING BID NO. PW88-113 FOR WATERLINE MATERIALS AND FIRE HYDRANTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is starting Phase III of its Waterline Replacement Program; and WHEREAS, bids for waterline materials and fire hydrants were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, the bid format provided that vendors bid each of six material groups (A, B, C, D, E, and F) separately, and further provided that the City reserved the right to make partial awards of said bid using any combination vendors; and WHEREAS, eleven bids were received and publicly opened at 2:00 p.m., April 22, 1988; and WHEREAS, said bids have been reviewed and the three vendors indicated in Exhibit A, attached hereto and incorporated herein by reference, have been determined to be the lowest responsible and responsive bidders for the material groups indicated and at the respective amounts listed in said Exhibit A; and WHEREAS, the respective bid awards total $128,309.34 and sufficient funds are available to proceed with the purchase of said materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW88-113 for waterline materials and fire hydrants pursuant to Exhibit A in the amount of $128,309.34. Y PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May, 1988 by the following vote: AYES: Donnelly, Lemons, -Odell, Reddell NOES: None ABSENT: Sheetz ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk DALE REDDELL, Mayor EXHIBIT A LOWEST RESPONSIBLE AND RESPONSIVE BIDS BID- NO. PW88-113/WATERLINE MATERIALS AND FIRE HYDRANTS The lowest responsible and responsive bid for each material group specified in Bid No. PW88-113 is as follows: MATERIAL GROUP A B C D E F DESCRIPTION PVC Pipe Other Pipe Fire Hydrants Cast Iron Fittings Meter & Vault Boxes Service Fittings VENDOR P.E. O'Hair P.E. O'Hair Groeniger & Co. P.E. O'Hair P.E. O'Hair Parkson/Bakersfield AMOUNT* $55,988.00 2,674.20 26,142.71 28,837.98 3,251.71 11,414.74 TOTAL $128,309.34 * NOTE: Award amounts reflect 2% discount for payment within ten days after receipt of invoice and acceptance of materials by City for all vendors except Parkson/Bakersfield. RESOLUTION NO. 37-88 RESOLUTION AWARDING BID NO. PW88-112 FOR ONE NEW 1-TON TRUCK WITH UTILITY BODY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted on June 22, 1987 a final budget for FY 1987/88; and WHEREAS, said budget included $15,000 for the purchase of a service truck with utility body for the Department of Public Works/Street and Water Divisions; and WHEREAS, bids for a new 1-ton truck with utility body were solicited pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, six responses were received and publicly opened at 2:00 p.m., April 21, 1988; and WHEREAS, said bids have been reviewed and Palla Equipment, Inc. of Paso Robles, California has been determined to be the lowest responsive and responsible bidder at $14,915.95; and WHEREAS, the City's 1969 1/2-ton Chevrolet pickup truck with toolbox, Serial No. CS149Z850459, License No. E535195, Equipment No. 0007, is deemed to be surplus City property to take advantage of its trade-in value as applied to the purchase price of the new truck. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to award Bid No. PW88-112 for one new 1-ton truck with utility body to Palla Equipment, Inc. of Paso Robles, California in the amount of $14,915.95 and declare as surplus City property the 1969 pickup truck as described hereinabove. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of May, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ABSTAIN: None ATTEST: DALE REDDELL, Mayor "i1(�- ARDITH DAVIS, City Clerk 6 RESOLUTION NO. 36-88 RESOLUTION OF THE MORRO BAY CITY COUNCIL RESCINDING RESOLUTION NO. 55-81, AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a member of the Central Coast Cities Joint Powers Agreement (CCCJPA) for insurance purposes; and WHEREAS, as a result, the City receives the services of an independent CCCJPA adjuster and investigative service who will defend claims filed against it; and WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the Staff and the Adjuster have specified authority on behalf of the City to immediately enter into Settlement Agreements without prior authorization of the Council. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Upon investigation and determination by the CCCJPA adjuster for the City, that the City appears to be partially or fully liable by reason of an incident or accident resulting in a claim against the City, the Adjuster shall have the authority to enter into Settlement Agreements on claims that do not exceed One Thousand and no/100ths ($1,000.00) Dollars. This authority may be suspended or reduced at any time by the City Administrator. 2. When a claim against the City exceeds One Thousand and no/100ths Dollars ($1,000.00) and it is determined that the City appears to be partially or fully liable for the claim, the City Administrator shall have the authority to enter into a Settlement Agreement to settle the claim up to the amount of Ten Thousand and no/100ths Dollars ($10,000.00). Any such Settlement Agreement shall be signed by the City Administrator. 3. All proposed settlement of claims in which the Staff cannot reach concurrences to settle as provided in 2 above, or which amount to Ten Thousand and no/100ths Dollars ($10,000.00) or more, shall be referred to the City Council for determination. 4. The Claims Adjuster employed by the CCCJPA shall be authorized to reject any claim filed against the City pursuant to and on the appropriate grounds set forth in Title I, Division 3.6, Part 3, Chapter 2 of the Government Code of the State of California. 5. Resolution No. 55-81 is hereby rescinded in its entirety. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 9th Day of May, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk Qp&/ iysg was - as RESOLUTION NO. 35-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION AN INITIATIVE MEASURE ESTABLISHING AFFORDABLE SENIOR HOUSING DENSITY BONUSES AND OTHER INCENTIVES THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Morro Bay as follows: 1. On April 29, 1987 the City of Morro Bay was presented with an initiative petition signed by at least ten percent of the registered qualified voters of the City requesting that said petition be submitted to a vote of the people at the next election: and 2. The next City election will be held in November, 1988; and 3. Based on the above findings, the City Council of the City of Morro Bay does hereby order placed on the ballot of the next election the initiative measure submitted to the City on April 29, 1987 entitled "AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) AND APPLICABLE ZONING ORDINANCES IN ORDER TO ESTABLISH AND PROMOTE AFFORDABLE HOUSING FOR MORRO BAY'S SENIOR CITIZENS", to read as follows: CITY OF MORRO BAY measure " " Shall an initiative be enacted amending the Morro Bay Land Use Plan and Applicable Zoning Ordinances to establish affordable senior housing density bonuses and other incentives? Yes No 4. This initiative measure shall pass only if a majority of the votes cast by voters voting on the measure are yes votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election; and k . RESOLUTION NO. 35-0 Page 2 5. The City Council hereby directs the City Attorney to prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of April 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: P�_ ARDITHali�AVIS,-CITY CLERK INITIATIVE PETITION TO L:NACT CITY ORDINANCE TO: City Council of the City of Morro Bay, State of California WE, the undersigned, are registered and qualified voters of the City of Morro Bay, County of San Luis Obispo, State of California, constituting not less than fifteen percent (15%) of the registered qualified voters of the City, and present to the City Council this petition and respectfully request that the following proposed ordinance of the City of Morro Bay be passed without alteration by you, or be submitted to a vote of the people at a special election pursuant to California Election Code Sections 4010 and 4020. The proposed ordinance reads as follows: AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) AND APPLICABLE ZONING ORDINANCES IN ORDER TO ESTABLISH AND PRQvYJTE AFFORDABLE HOUSING FOR MORRO BAY'S SENIOR CITIZENS. WHEREAS, a substantial segment of the population of Morro Bay consists of persons 55 years of age or older; and WHEREAS, Morro Bay urgently needs affordable housing for its senior citizens and such housing does not presently exist in adequate quantity to'meet the needs of Morro Bay's citizens. THE PEDPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: SECTION 1: All parcels or properties presently designated in the City of Morro Bay as OR-2u, "R-2 PD", "R-3" or "R-3 PD" shall not be rezoned to commercial or rnanufacturing unless such rezoning is first approved by the voters 'of Morro Bay at a special or regular election. In order to promote the construction of affordable senior housing, any low to moderate Income cocmiunity housing project for seniors of five (5) or more units to be built on property zoned uR-2" or nR-2 PD" shall be permitted the same number of units allowable on a parcel of equal size and zoned uR-3n: In order to promote the construction of affordable senior housing projects, the City may establish a separate -allocation of water, equivalepiCies designated for community housing projects for seniors. SECTION 2: Upon adoption, this ordinance shall be immediately submitted to the California Coastal Commission for certification as an Amendment to the Land Use Plan for the City of Morro Bay. SECTION 3: If any provision of this ordinance is adjudged invalid by.a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and adjudication shall not affect the ruining provisions of the ordinance. SECTION 4: This ordinance shall supersede all other ordinances and LUP policies in conflict therewith. The following is a true and correct copy of the printed notice of intention and accompanying statement required pursuant to California Election Code Section 4002. . NOTICE OF INTENT senior citizens. The* subject TO CIRCULATE PETITIONVroparty Is gspecially. sufta-' NOTICE IS HEREBY CIY- N for senior citizens hous- 'EN - of, ths' Intention of the. Ing because of Its close proz- persons..whoss names ap• imitr'lo Morro .Bay's civic pear hereon to circulate a. center, the.•SBnlor. Center, toUtlon within the City of the Community Recreation ,Morro Bay for the purpose of Building. Morro Bay Library, provldlnB a Clty' Ordinance and. nearby ahoppin`: The which willimend the current U.S. Gaper ant of pousjng tablish .and promote low to -.moderate InbomC senior citl• me nanoicappea rental noun. ing In Morro Bay, Tho.pro- -zen �o -Said property ppoosed Initiativs petition .will Iseilitate the construction of Sall. i cons sG• 01' approzlmstely live acres, al .vacant lend new affordable senlorttitizen behind .the4afeway Sher; housing to meet the, urgent. Morro Bases Oro:Center, adjacent.: o needs of senior If • adopted' by a Marro Palms Mobile LodgQ dl: TbnothY,e citizens. majority of the,rarlstered and Gtholk •Churen,." ol'y's. •,.. A'statement *'f"the '•ra- 'sons voters of the'City; of Morro Bay, thrproposa ordinance' for the proposed action as contempplated In said peti. tion is a lollows: The senior .wllI be submitted to the California <Castal'Commis•' .. abn for*approval. and certifb'- citizens In Morro Bay urgent• an, cation- as .an vmandmonDdo^ ly need low to moderate Income the Morro Coastal Plan. •i' housing and such . housing for senior citizens does Dated: 10/30186 WWARREN M. DORN � •. /s/EARL E. not presently ex it In adequate to JIM• RODGER; YdJOHN LEMONS quantity most the needs of Morro Bay's Nov. 3, 1986 . dv686rC RESOLUTION NO. 34-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION A MEASURE AMENDING SECTION 17.50 OF THE ZONING ORDINANCE CREATING AFFORDABLE HOUSING DENSITY BONUSES AND INCENTIVES THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Morro Bay as follows: 1. The Council finds and declares as follows: A. It is in the best interest of the City to promote and facilitate the provision of low and moderate income housing consistent with provisions of Government code Section 65915 and the Housing Element of the city's General Plan. B. It is in the best interest of the City to establish guidelines to assist prospective developers of low and moderate income housing including requirements for City approval of density bonuses and other incentives of significant financial value. 2. To accomplish this purpose the City's ordinance creating and establishing such density bonuses and incentives should be submitted to the voters to be amended to ensure that such ordinance cannot be repealed nor amended in the future without a vote of the people. 3. Based on the above findings, a measure to amend the Municipal Code, Chapter 17.50 creating and granting affordable housing density bonuses and incentives to prohibit future amendment or repeal without a vote of the people, is hereby ordered placed on the ballot of the next regular election held by the City of Morro Bay to read as follows: City of Morro Bay measure " " Shall Chapter 17.50 of the Municipal Code which creates and grants affordable housing density bonuses and incentives be amended to prohibit future repeal or amendment of said Chapter 17.50, without a vote of the people? Yes [ ] No [ ] Resolution 34-88 • • April 25, 1988 Page 2 4. This measure shall pass only if a majority of the votes cast by voters voting on the measure are yes votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. 5. The City Council hereby directs the City Attorney to prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of April 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: H` DAVIS, City Clerk MEASURE AN ORDINANCE TO AMEND THE MORRO BAY MUNICIPAL CODE TO ADOPT CHAPTER 17.50 AND TO PROHIBIT THE REPEAL OR AMENDMENT OF THAT CHAPTER WITHOUT A VOTE OF THE PEOPLE THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: SECTION 1: The Morro Bay Municipal Code is hereby amended to add Chapter 17.50 establishing affordable housing density bonuses and incentives as more specifically set forth in exhibit A attached hereto. SECTION 2: This Chapter shall not be repealed nor amended without a vote of the people. SECTION 3: This measure shall, if passed by the people, take precedence over any other conflicting measure receiving less votes in this election and shall supersede all other ordinances and LCP policies in conflict therewith. SECTION 4: If any provision of this ordinance is adjudged invalid by a court of competent jurisdiction, such provision shall be deemed separate, distinct and severable and such adjudication shall not affect the remaining provisions of the ordinance. CHAPTER 17.50 AFFORDABLE HOUSING DENSITY BONUSES AND INCENTIVES Sections: 17.50.010 Purpose And Intent 17.50.020 Definitions 17.50.030 Single Family Residential District Density Bonuses And Incentives 17.50.040 Multiple Family Residential District Density Bonuses And Incentives 17.50.050 Condominium Conversion Density Bonuses And Incentives 17.50.060 Direct Financial Contribution 17.50.010 Purpose And Intent. The purpose and intent of these regulations are: A. To promote and facilitate the provision of low and moderate income housing consistent with provisions of Government Code Section 65915 and the Housing Element of the General Plan. B. To -establish guidelines to assist prospective developers of low and moderate income housing including requirements for City approval of density bonus' and other incentives of significant financial value. 17_50.020 Definitions For the purposes of this chapter, the following words shall have the following meaning: A. "Single Family Residential Density Bonus" means a density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable zoning district (R-A, or R-1) Land Use Element of the General Plan and Local Coastal Program Land Use Plan. The density bonus shall not be included when determining the number of housing units which is equal to 10 or 25 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. B. "Multiple Family Residential Density Bonus" means a density increase of at least 50 percent over the otherwise maximum allowable residential density under the applicable zoning district (R-2, R-3, or R-4) and Land Use Element of the EXHIBIT A 1.0 P/Z UA Gb-E7 - I,ensiOv Bonus • Page 2 General Plan or Local Coastal Program Land Use Plan. The density bonus shall not be included when determining the number of housing units which is equal to 20 or 50 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. C. "Condominium Conversions Density Bonus" shall mean an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. D. Low to moderate income is defined in Health and Safety Code Section 50093, lower income in Health and Safety Code Section 50079.5, and in the City's Housing Element of the General Plan. Section 17.50.030 Single Family Residential District Density Bonuses incentives. (A) When a developer of housing agrees to construct at least (1) 25 percent of the total units of a housing development for persons and families of low or moderate income, or (2) 10 percent of the total units of a housing development for lower -income households, or (3) 50 percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.3 of the Civil code, the city shall either (1) grant a single family residential density bonus or (2) provide other incentives of equivalent financial value. (B) A developer may submit to the city a preliminary proposal for the development of housing pursuant to this section prior to the submittal of anv formal requests for general plan amendments, zoning amendments, subdivision map approvals, conditional use permits, coastal development permits, or other discretionary entitlements. The city shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the manner in which it will comply with this section. Such determination by the City shall be based on a public hearing and approved by the City Council. (C) incentives may be considered by the City, at its option, as an alternative or partial alternative to the density bonuses defined above, or as a means of encouraging a developer to provide a higher percentage of low and moderate income housing in the project. (D) Incentives utilized by the City- may include some combination of reduced fees, modified development standards, expedited processing procedures, provision of water at reduced cost, direct financial subsidy, or grant assistance or other 1.CP/ZDA 0E-E7 - ilIDity Bonus • Page 3 incentives described in Government Code Section 65913.4. These incentives will be designed to provide "equivalent financial value" by project basis through cooperation and negotiation with the developer. (E) If a developer agrees to construct both 25 percent of the total units for persons and families of low or moderate income and 10 percent of the total units for lower -income households, the developer is entitled to only one density bonus although the city may, at its discretion, grant more than one density bonus. Section 17.50.040 Multiple Family Residential District Density -Bonus and_TncenTfiyes (A) When.a developer of housing agrees to construct at least (1) 50 percent of the total units of a housing development for persons and families of low or moderate income, or (2) 20 percent of the total units of a housing development for lower -income households, or (3) 100 percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.3 of the Civil code, the city shall either (1) grant a multiple family residential density bonus or (2) provide other incentives of equivalent financial value. (B) A developer may submit to the city a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning amendments, subdivision map approvals, conditional use permits, coastal development permits, or other discretionary entitlements. The city shall, within 90 days of receipt of such written proposal, notify the housing developer in writing of the manner in which It will comply w1i:h tlli5 Section. Suchdetermination by the City shall be based on a public hearing and approved by the City Council. (C) Incentives may be considered by the City, at its option, as an alternative or partial alternative to the density bonuses defined above, or as a means of encouraging a developer to provide a higher percentage of low and moderate income housing in the project. (D) Incentives utilized by the City may include some combination of reduced fees, modified development standards, expedited processing procedures, provision of water at reduced cost, direct financial subsidy, or grant assistance or other incentives described in Government Code Section 65913.4. These incentives will be designed to provide "equivalent financial value" by project basis through cooperation and negotiation with the developer. CP'"LOA O&-6- - Dens • Bonus Page 4 (E) If a developer agrees to total units for persons income and 20 percent of households, the developer bonus although the city than one density bonus. construct both 50 percent of the and families of low or moderate the total units for lower -income is entitled to only one density may, at its discretion, grant more Section 17.50.050 Densitv Bonuses And Other Incentives For -- - - - -- Coriaom>nlum Conversions. (A) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or 15 percent of the total units of the proposed condominium project to lower income households as defined in the Housing Element of the General Plan, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (B) For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the same types of incentives described in 17.50.030 (D) above. (�1 iill applicant for a=-roval to convert apartments to a condominium project may suomit to the city a preliminary proposal pursuan to.this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it Will comply with this section. Such determination by the city shall be based on a public hearing and approved by the City Council. (D) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartment proposed for conversion constitute a dousing development for N'niCh a density bonus or other incentives were previously provided by the city. (E) Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. .. Pa 'lgee 5i%' 5onus • Pa5 17.50.060 Direct Financial Contribution Where there is a direct financial contribution to a housing development pursuant to this chapter through participation in cost of infrastructure, write -down of land costs, or subsidizing the cost of construction, the city, shall assure continued availability for low- and moderate -income units for 30 vears. Deed restrictions or other binding legal measures that will control resale of the units in such a manner as to assure the long term affordability of these units to low and moderate income persons shall be prepared by the City and accepted by the housingdeveloper as a condition of project approval. RESOLUTION NO. 33-88 A RESOLUTION DIRECTING THE PROHIBITION OF ON -STREET PARKING IN THE VICINTIY OF THE INTERSECTION OF QUINTANA ROAD AND KENNEDY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay City Engineer has conducted a focused traffic engineering study of the subject intersection; and WHEREAS, the results of said study indicate the necessity to restrict on -street parking at the subject intersection; and WHEREAS, the Morro Bay Street Advisory Committee reviewed said study and concurred with its results. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that on -street parking at the subject intersection be prohibited as follows: On Quintana Road: a length of ten feet west from the northwest curb return of the intersection of Kennedy Way; On Kennedy Way north side: a length of twenty feet south from the curb return of the intersection of Quintana Road and a length of eight feet north from the existing driveway located ninety two feet south of said curb return: and On Kennedy Way south side: a length of twenty five feet south from the curb return of the intersection of Quintana Road and a length of six feet north from the existing driveway located a distance of eighty feet south of said curb return. BE IT FURTHER RESOLVED that the city Engineer be authorized and directed to cause the installation of appropriate curb markings to enforce this Resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of April, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 33-� ATTEST: _-- DALE REDDELL, Mayor ARDITH DAVIS, City Clerk I !%XHIBIT V ISroPI t w dl-rf 4 MOXXO BAY' PeOP054ED OV5TFET IAMAIu� PK70141tlMOAJ klE Jley WAY AT 6)U1AfrAAJA MAD 4-88 NO. 31-88 A RESOLUTION AUTHORIZING PUBLIC AREA USE PERMIT NO. 207 FOR SPECIAL HARBOR USE BY CAL POLY CREW TO HOLD A REGATTA ON APRIL 23, 1988 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code requires Council autho- rization of special uses in the harbor; and, WHEREAS, Cal Poly Crew is sponsoring a regatta on April 23, 1988 from 8:00 a.m. - 12:00 noon; and, WHEREAS, Cal Poly Crew has met all conditions and require- ments found in the Code to allow use of the harbor channel from harbor marker 10 to harbor marker 20; and, WHEREAS, the City requires Cal Poly Crew to reimburse the City for the cost of Harbor Patrol assistance in halting normal harbor traffic. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the Director of Recreation and Parks to issue a Public Area Use Permit for the Cal Poly Crew regatta allowing special use of the harbor from 8:00 a.m. to 12:00 noon on April 23, 1988. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this llth day of April, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None '::�—�DALLE_REDDELL u. •: ATTEST: ARDITH DAVIT - CITY CLERK RESOLUTION NO. 30-88 RESOLUTION OF THE MORRO BAY CITY COUNCIL OPPOSING THE ENACTMENT OF ASSEMBLY BILL 2802 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Assembly Member Hill has introduced Assembly Bill 2802 into the California State Legislature; and WHEREAS, Assembly Bill 2802 would, essentially, reverse the recent Appellate Court decision in Cox Cable Television v. County of San Diego; and WHEREAS, the effect of Assembly Bill 2802 would be to forbid a local government from collecting any otherwise authorized property tax, on the fair market value of the franchise interest owned by a cable operator, if the collection of such a tax, coupled with the collection of any franchise fees owned by the cable operator, would exceed 5% of the gross revenues; and WHEREAS, Assembly Bill 2802 would provide a new, and unnecessary, windfall to cable television companies, and would deprive local communities of an opportunity to share appropriately in the profits generated by cable television companies operating within the community; and WHEREAS, in the City of Morro Bay, and in other parts of the State of California, it is important that cable television operators be required to contribute back to the community some reasonable share of what are extremely significant profits generated from within the community, profits which are not being reinvested, in any significant degree, in either better service quality, or extension of service, or in any other benefit to the local community; and NOW THEREFORE BE IT RESOLVED, that Assembly Bill 2802 represents, in the opinion of the City Council, unfair special interest legislation, which is of direct detriment to the public, and which will disproportionately benefit a few financially privileged cable television operators; and BE IT FURTHER RESOLVED, Assembly Bill 2802 should be defeated by the State Legislature. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of said Council held on the 13th day of June 1988, by the following vote of said Council: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale ReddellI Mayor Ardith Davis, City Clerk RESOLUTION 29-88 APPROVING CONSENT TO SUBLEASE OF LEASE SITE 73 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 73; and WHEREAS, Morro Bay Marina 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 William DeCarolis and Frank St.Dennis, doing business Visions, a copy of which sublease agreement has been presented to 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 Lease Site 73 to William DeCarolis and Frank St.Dennis, doing business Visions, subject to receipt and approval of all required documents by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this llth day of April, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddel- NOES: None ABSENT: None REDDELL, MAYOR — ATTEST: ARDITH DAVIS, CITY CLERK RESOLUTION 28-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT OF LEASE SITE 71 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 71; and WHEREAS, Morro Bay Marina 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 David Van Eck and Victor Graziano, doing business as The Morro Bay Music Box Company, a copy of which sublease agreement has been presented to 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 Lease Site 71 to David Van Eck and Victor Graziano, doing business as The Morro Bay Clock Company, subject to receipt and approval of all required documents by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this llth day of April, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ��� AfTT i�DAVIS, CITY CLERK RESOLUTION NO. 27-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT OF PORTIONS OF LEASE SITE 80-81W TO MORRO BAY SEAFOOD, AND APPROVING AN ADDENDUM TO MASTER LEASE AGREEMENT 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 80-81W; and WHEREAS, Morro Bay Fisheries 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 Morro Bay Seafood, a copy of which sublease agreement has been pre- sented to the City of Morro Bay; and WHEREAS, certain code repairs and lease maintenance is necessary to bring the leased premises into good and sanitary order and condition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Site 80-81W to Morro Bay Seafood subject to receipt and approval of all required documents by the City Attorney; and BE IT FURTHER RESOLVED that the City Council approves and autho- rizes an Addendum to Master Lease Agreement with Bayside Fisheries, Inc., setting forth specific Lessee obligations and timetables for code compliance and maintenance repairs. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 25th day of April, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None LE RED LL, Mayor ATTEST: ARDITH DAVIS, City Clerk e � • • ADDENDUM TO LEASE n This Addendum to Lease Agreement is made this CO day of 4- , 1988, by and between the City of Morro Bay, a 'municipal corporation of the State of California, herein called CITY, and BAYSIDE FISHERIES, INC. (a California corporation solely owned by Martin and Winifred Tomich, husband and wife), herein collectively referred to as TENANT. RECITALS WHEREAS, CITY and TENANT made and entered into a written lease, herein called "said Lease" on the 8th day of November, 1985, wherein TENANT leased from CITY lease sites 80,. 80W, 81, and 81W located at 715 Embarcadero Street, Morro Bay, California; and WHEREAS, said lease states in paragraph 13 as follows: 13. TENANT shall, at its sole cost, keep and maintain the premises and all improvements of whatever kind that may be now or hereafter erected, installed, or otherwise made thereon by TENANT, in good an sanitary order and condition, and shall make all necessary repairs and alterations thereto. The term "repair and maintenance" also includes replacement. TENANT specifically agrees to replace and rebuild at its sole cost and expense as necessary. It is agreed that replacement and rebuilding are included within the term "maintenance" and are to be performed by TENANT at TENANT'S sole cost and expense. TENANT shall keep the premises and all improvements clean and clear of rubbish, trash, and any extraneous material not needed for the business of said TENANT to the satisfaction of the CITY; upon the failure of said LESSEE to comply with the provisions hereof at any and all times, then said CITY may, at said CITY'S option, notify said TENANT by a written notice, of the failure of said TENANT to so comply; if within fifteen (15) days of the receipt by said TENANT of said notice, the said TENANT fails to clean and clear said real property to the satisfaction of said CITY, CITY shall have the right to clean the premises at TENANT'S sole cost and expense; and ADDENDUM TO LEASE • • Page 2 WHEREAS, said lease states in paragraph 14 as follows: 14. TENANT covenants and agrees to keep in proper maintenance and repair and replace and rebuild all bulkheads or seawalls in the Morro Bay Harbor abutting the demised premises at TENANT'S sole cost and expense; and WHEREAS, certain repairs and maintenance are necessary to bring the leased premises into good and sanitary order and condition; and WHEREAS, TENANT was notified of such necessary repairs and maintenance on or about October 16, 1986 and has failed and refused to and does continue to fail to perform such needed repairs and maintenance; and WHEREAS, because of such failure TENANT could be held to be in default of said lease; . NOW THEREFORE, the parties agree as follows and the lease is hereby modified as follows: 1. TENANT shall perform and complete the following repairs within thirty (30) days from the date of this Addendum: A. Stop or plug the discharge and sluice pipe draining into the bay. B. Repair the broken horizontal brace between two pilings. C. Clean the parking lot drain and replace the flexible plastic drain pipe on the revetment with a rigid conduit. D. Place electrical longends at the south side and end of the pier near the crane. E. Remove or repair barge or float system currently submerged beneath wharf adjacent to revetment. 2. TENANT shall repair the revetment and correct the revetment erosion problem beneath the wharf within the following time schedule: A. Within ninety (90) days of the date of this Addendum TENANT shall submit to CITY for approval, complete and detailed engineering plans for the total ADDENDUM TO LEASE • • Page 3 repair of the revetment and correction of all erosion problems beneath the wharf on said leased premises. B. TENANT shall make any corrections to said plans required by CITY's Department of Public Works within three weeks of receiving written notice from CITY of necessary corrections. C. TENANT shall submit said plans, together with all documents, fees and applications necessary to obtain approval and/or any necessary permits from the Corp of Engineers, to said Corp of Engineers within two weeks of receiving final approval of said plans from CITY. D. TENANT shall have obtained all necessary CITY permits and shall commence construction of all necessary repairs to the revetment on said leased premises within thirty (30) days of receiving either notice advising that no permit is needed or of receiving a permit from the Corp of Engineers. In the event such notice or permit has not been received within six months from the date of this Addendum, TENANT shall provide to CITY a written explanation of such delays. E. TENANT shall complete all revetment repairs and shall correct all revetment erosion problems beneath the wharf within sixty (60) days of receipt of permission from the Corp of Engineers to proceed. 3. Failure by TENANT to comply with these stipulated time schedules or to meet the stipulated time deadlines set out hereinabove shall constitute a material breach of this lease and shall constitute grounds for termination of this lease. However, TENANT shall be excused for any delays in meeting time schedules set forth in the Addendum caused by the act of CITY, the act of any agent of CITY, the act of any governmental authority, the act of any public enemy, acts of God, the elements, war, war defense conditions, strikes, or walkouts. TENANT shall, however, use reasonable diligence to avoid any such delay and to resume construction or other required activities as promptly as possible after the delay. A delay in obtaining necessary permits caused by failure of TENANT to supply necessary information to governmental agencies or caused by TENANT's failure to timely or adequately apply for such permits or approvals shall not be excused under this paragraph. 4. Both TENANT and CITY agree that if TENANT fails to complete the repairs and construction or to perform any other activity required in the Addendum within the ADDENDUM TO LEASE • • Page 4 stipulated time schedules set out hereinabove, this lease may be terminated at CITY's option, without further notification on the part of either party. In all other respects, said lease shall continue in full force and effect. MADE AND AGREED TO by the parties on the date first written hereinabove. CITY OF MORRO BAY r:MAY;OR - by ATTEST: ARDITH DAVIS, CITY CLERK Approved as to Form TENANT - 9h-LPO ir'C i r " ♦41 to J tD 0 � 2 c O N 2 n O O a o x ro o N C ro .4 F V C7 N •.d J.1 /.t i Enro 'ti7 H _ Coro > C0 A 4 "'c O N � C 1•+ --1 �7 tn O 7 N C N N 7 r4�j U to 0 N > N aY� U � C •a >4 N v .a N a 3 C N N J En 1.r O a N N En C j O vNi O N - w N N ro Q W U N N V N > u tll �7 N N H N •a N m z v N N. N Cu N N tP Q O I-4 .-1 N C , N 7 -4 V1 N u A O 1-4 A U w f Oa b LO '7 cn N GN'. >+ N z' d O $ 4 O a �4 o a W N cn w A cn 5 7 O w �••i cn N O cn u N a F O N 7 O a N N Z N > H N •.•I cn N N N N 7 w N N -4 .-4 U N N A U O N tT N :5 X GZ to C N fn N O, N -4 N A 4 A 7 ro 7 AFIMX'INh1 RESOLUTION NO. 26-88 'UTION APPROVING ASSIGNMENT OF LEASE SITES 82-85/82W-85W FROM CABRILLO ENTERPRISES TO ROSE'S LANDING INC., A CALIFORNIA CORPORATION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the existing lessee, Cabrillo Enterprises is current in all lease obligations; and WHEREAS, Cabrillo Enterprises has requested assignment of the leased premises; and WHEREAS, Rose's Landing Inc., A California Corporation, has been identified as an acceptable tenant; and NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay for assignment of Lease Sites 82-85/82W-85W under existing terms and conditions to Rose's Landing Inc., A California Corporation, subject to receipt and approval of all required documents by the City Attorney. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to sign any and all required documents to complete this Agreement on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this filth day of April, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ------------------ D• E REDD8LL,MAYOR ATTEST: 40z- :ztiR ARD TH DAVIS, CITY CLERK RESOLUTION NO. 25-88 RESOLUTION APPROVING THE CITY OF MORRO BAY'S LOCAL TRANSPORTATION FUND AND STATE TRANSIT ASSISTANCE CLAIMS FOR FISCAL YEAR 1988/89 THE CITY COUNCIL City of Morro Bay, California WHEREAS, revenues derived from 1/4-cent of the 6% retail sales tax collected statewide are apportioned to local governments to be used for transportation purposes pursuant to the Transportation Development Act of 1971; and WHEREAS, the City of Morro Bay's apportionment of Local Transportation Funds (LTF) for FY 1988/89 is $182,651; and WHEREAS, in addition, the City of Morro Bay's apportionment of State Transportation Assistance (STA) funds is $504 and the apportionment of Operator Revenues, pursuant to Section 99314, is $16; and WHEREAS, the City intends to use its LTF and STA revenues for operational expenses associated with Morro Bay Dial -A -Ride, Central Coast Regional Transit Authority, and Regional Handicapped System pursuant to the State of California Public Utilities Code, Article 4, Sections 99260, 99260(a), 99313 and 99314, and the California Administrative Code, Section 6730(a); and WHEREAS, the City of Morro Bay hereby states a preference for using additional LTF and STA, if such funds become available, for the City's Dial -A -Ride operations, provided however, that the City reserves the right to file an amended claim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to approve the City's LTF and STA claims for Fiscal Year 1988/89 and direct Staff to submit to the San Luis Obispo Area Coordinating Council the necessary claim documents. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to sign all claim documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the filth day of April, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: �•REDDtLL, ARDITH DAVIS, City Clerk RESOLUTION NO. 24-88 RESOLUTION AUTHORIZING RECORDATION OF AGREEMENT BETWEEN CLARICE E. RIGHETTI AND THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Clarice E. Righetti is the owner of a parcel on which the City of Morro Bay has constructed a municipal water storage tank and appurtenances; and WHEREAS, a memorandum of lease for construction and maintenance of said water tank and appurtenances was approved by the Morro Bay City Council on May 21, 1985 and recorded at the office of the San Luis Obispo County Recorder May 22, 1985 at Volume 2709 of Official Records, Page 782; and WHEREAS, it was later determined that said memorandum of lease was an inappropriate document for the purposes of the City of Morro Bay and Clarice E. Righetti; and WHEREAS, a revised agreement was negotiated and agreed to on April 8, 1987; and WHEREAS, said revised agreement is intended to supersede the previous memorandum of lease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby authorize the recordation of said revised agreement between Clarice E. Righetti and the City of Morro Bay; and BE IT FURTHER RESOLVED, that said revised agreement shall supersede and render null and void the memorandum of lease recorded at the office of the San Luis Obispo County Recorder at Volume 2709 of Official Records, Page 782. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the Day of March 28, 198$ by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ^ ABSENT: None / --DZS REDDELL, Mayor ATTEST: a���45- ATIDITH DAVIS, City Clerk Recording requested by City of Morro Bay When recorded mail to City of Morro Bay Attention Public Works 595 Harbor Street Morro Bay, CA 93442 EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this 8th day of April , 1987, by and between the CITY OF MORRO BAY, a municipal corporation, hereinafter called "CITY" and CLARICE E. RIGHETTI, hereinafter called "OWNER". W I T N E S S E T H WHEREAS, CITY is in need of adequate supplies of water for purposes of fulfilling the needs of CITY; and WHEREAS, CLARICE E. RIGHETTI is the holder of record title of Assessor's Parcel Number 73-084-13; and WHEREAS, CITY desires a non-exclusive easement across a certain portion of Assessor's Parcel Number 73-084-13 for the purpose of constructing and maintaining a water storage tank and related appurtenances. The proposed water tank site, which is described on Exhibit "A" as Parcel 1, is located on Assessor's Parcel Number 73-084-13; and WHEREAS, OWNER and CITY have mutually agreed that, in return for the consideration hereinafter provided, CITY shall be granted said non-exclusive easement for the period hereinafter set forth. NOW, THEREFORE, it is mutually agreed by the Parties hereto as follows: 1. OWNER grants to CITY the right and privilege to a non-exclusive easement and right of way for the purpose of constructing, installing, maintaining, repairing and operating a water storage tank, related equipment, and pipelines and to install such underground telemetry lines over said pipelines as may by CITY be required for carrying out and enjoying the rights and privileges granted hereunder on said property, being shown and designated as the shaded area on attached map marked Exhibit "A" for a period of twenty-five (25) years from and after the date hereof. It being also understood that adequate and sufficient space shall be available on said property to adequately service, maintain, repair and replace said water storage tank, telemetry lines, underground electrical lines and pipelines and that CITY shall have the right of way across Owner's property for such purposes. CITY shall have the right to enter on the property for the purpose of constructing, reconstructing, repairing, replacing and maintaining the water storage tank and the utility lines serving the tank. 2. CITY may at CITY'S option terminate this easement agreement at any time upon ninety (90) days prior written notice to OWNER, such an early termination by CITY shall also terminate CITY'S obligation to make payments accruing subsequent to said cancellation. 3. Upon termination of this Agreement, or in the event CITY determines to cancel this Agreement, then CITY shall have the right to remove the water storage tank and all pipelines, telemetry lines, pumps, pumphousing and equipment. 4. During the period of time this Agreement is in effect, CITY agrees to pay to OWNER the sum of Two Thousand and Four Hundred Dollars ($2400.00) per year, payable yearly, on or before May 1st of each year, to OWNER or her administrators, executors, or assignees. It is understood that payments for this non-exclusive easement are due to CLARICE E. RIGHETTI. 5. CITY shall at CITY'S option have the right to renew this easement agreement for an additional twenty five (25) years on the same terms and conditions upon giving written notice to OWNER. 6. CITY agrees to save OWNER harmless from all liability and damage resulting from CITY'S use and operation of said water storage tank and related appurtenances, including any construction, installation, maintenance and repair authorized to be made hereunder. 7. OWNER hereby waives any claim of liability of the part of the California Coastal Commission or any other public agency for any damages from hazards such as erosion or landslides not proximately caused by CITY'S installation or operation of said water storage tank and related appurtenances. 8. OWNER warrants and represents that she is the sole holder of record title to the property, and that all Persons who have or claim an interest in Parcel 1 described on Exhibit "All have signed this Agreement. This Agreement binds the heirs, successors, grantees, and assigns of the parties. 9. CITY shall have the right to record this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF MORRO BAY A Municipal Corporation CLARICE E. RIGIfETTI STATE --]I i� COUNTYOOF- SANALUIS OBISPO I SS. ROFFICIAL SEAL. RAE M. CRILL NOTARY PUBLIC CALIFORNIA SAN LUIS OBISPO COUNTY my Comm. Expires Sept 12, 1989 ACKNOWLEDGMENT—General—WDlmus Form 233CA—Rev. 5-82 01982 WOLCOTTS, INC. IDr,ce class 891 On this 7th day of APRTL , in the year 19---a7 before me, the undersigned, a Notary Public in and for said State, personally appeared 1a,,1r..., - -- «�sePN��� i�3(r10 (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ i s subscribed to the within instrument, and acknowledged to me that ale_ executed it. WITNESS my hand and official seal. Notary Public in and for said State. 0. LEGAL DESCRIPTION 1i NUTMEG WATER TANK SITE MORRO BAY, CALIFORNIA (November 2, 1984) Parcel I Being a portion of Lot 19, Rancho Morro Y Cayucos in the County of San Luis Obispo, State of California; as shown on map of Rancho Horro.Y Cayucos in Book A, Page 160 of Maps, September 28, 1875. Beginning at the northwesterly corner of said Lot 19, as shown on Record of Survey, recorded in Book 36, Page 41 RS; thence along the westerly line of said Lot 19, S 000 40' 00" W 15th thence to the southeasterly corner of Lot 28 of Rancho Morro Y Cayucos and also being the northeasterly corner of Morro Del Mar No. 2; thence along said line S 000 40' 00" W 6.00, to the true point of beginning; thence S 880 02' 01" E 18.111; thence S 810 29' 50" E 41.25' to a*curve concave to the southeast having a radius of 56.04' and to which point a radial line bears S 720 56' 48" W; thence northerly 95.37' along said curve through a central angle of 97 31' 07'; thence along a ,curve concave to the southwest having a radius of 55.20' to whichcu radial line bears N 050 04' 18" E, thence southerly 127.96' along said curve through a central angle of_1320 4B' 55"; thence alonga non -tangent line S 760 32' 45" W 25.96'; thence, N 790 45' 18" W 32.511; thence S 790 39' 35" W 31.631; thence N 83 36' 53" W 47_63' to a point on the westerly line of said Lot 19; thence N 000 40' 000 E 31.60' to the true point of beginning and containing 0.226 acres. EXHIBIT A VOL 2709 09 PAGE 784 �' •Si � �l1 `ram .. ,_h�/.-.- � • �� .�. r.: ,ram': ri •,� •. �i - I Vie', �•� \= -- ' - �, �v 4Fk5 p T.4. tV .,• \ Jay)! � •— � I�; Nj .� 1' .'; �7�` •r RECiDER'S'MEMO: POOR REPRODUCTION DUE' c OUALITY OF-,�RIGINAL DOCUtv,, DOoODO 4The Cloy -- n NORRO-BAY _ - 6oeLaAJMOD Gn.UJI'mi, VOL 2709 P�cE 785 _- �t: l27. 96 • � \ OF /NG . i i 3 -V 37R.W0 / \ .389.3 w. —E ` •Ei r • 9C)0 5� RP') 1 - ---- - - ---- 3 / I ' ♦ • � � � CURVE 9 '31'07 ; .04 . R GwLy M/N• qA�JLI,q 'Yy C. . 2 11-7 K / .xp. ram- v �0 P^� p BC / m I P to/ ! ' RECOR R'S ME / @: POOR REP ODUCTI DUE TO k QUALITY r ORIC>I DOCUM T / �n n / i' M47LN E1fLb I � EC w g/✓:B WIRE •N I 4 M47[N Ex" k . s , 1 t9o. •� , I ` Min/. ARE/ 774R Li'LXX Ft7R 'O.'= 9. 3 +\ .� o 3'1 \ E DID OF DOCUMENT VOL 2709 PAGE 786 RESOLUTION NO. 23-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION A -MEASURE TO AMEND THE BUSINESS LICENSE TAX PROVISIONS TO PROVIDE FOR AUTOMATIC ANNUAL ADJUSTMENTS. T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Morro Bay as follows: Section 1. The Council finds and declares as follows: (A) Cities are authorized to levy Business License taxes under Government Code §37101 and Business and Professional Code §16000 et. seq. (B) The Business License Tax is a General Tax, and the proceeds of this tax are used for General Government Purposes. (C) Other General Taxes are adjusted automatically and such adjustments are inherent in the method of taxation. For example, Property Tax increases with the value of the property, within the parameters of Proposition 13; Sales Tax increases with the price of items sold; Transient Occupancy Tax increases with the price of rooms rented. (D) To maintain parity with other General Taxes and support a proportionate share of Government services, Business License Tax should also be adjusted proportionately each year. (E) Proposition 62 was passed by the voters of California November of 1986, requiring voter approval for any new or increased taxes. Section 2. Based on the above findings, a measure to amend the business license tax rate provisions to provide for automatic annual adjustments, is hereby ordered placed on the ballot of the next regular election held by the city of Morro Bay to read as follows: City of Morro Bay Measure " " Shall an Ordinance be enacted entitled "An Ordinance of the City of Morro Bay to amend various sections of Title 5 of the Morro Bay Municipal Code relating to Business License Tax Rates and authorizing automatic annual adjustments commencing June 30th, 1986." Yes [ ] No ( ] Section 3. The measure shall pass only if a majority of the votes cast by voters voting on the increase are yes votes. Section 4. The City Council hereby directs the City Attorney to prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of March 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor kVWY*YW ARDITH DAVIS, City Clerk AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND VARIOUS SECTIONS OF TITLE 5 OF THE MORRO BAY MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES AND TO AUTHORIZE AUTOMATIC ANNUAL ADJUSTMENTS. The People of the City of Morro Bay do ordain as follows: Section 1. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions of §37101 of the California Government Code and §1600 et. seq. of the California Business and Professions Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Div. 2 of Title 5 of the California Government Code commencing with §53720. Section 2. Purpose It is the intent of this ordinance to provide annual adjustments in the Business License Tax equal to the change in the Consumer Price Index (CPI) to maintain parity with other taxes which increase or decrease automatically with inflation. Section 3. Type of Tax Business License Tax is a General Tax as defined in Government Code §53721. The tax is imposed for General Governmental Purposes. Section 4. Annual Adjustment of Rates Section 5.04.050 of the Morro Bay Municipal Code is amended to read: There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this title license fees as established annually in the Business License Rate Schedule. Each year by June 30th the Business License Rate Schedule will be adjusted by the change in the Consumer Price Index (CPI), from March of the previous year to March of the current year. The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending March 31st. The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Long Beach - Anaheim, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1968 Base Year = 100 (hereafter called Index.) If the United States Department of Labor, Bureau of Labor Statistics, shall cease to compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used in place of the Consumer Price Index referenced herein. This Section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. Section 5. Effective Date The annual CPI adjustments authorized by this ordinance shall commence on June 30, 1986 in accordance with previously adopted rate schedules. Section 6. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. 0 22-88 APPROVING CONSENT TO SUBLEASE T ON LEASE SITES 129W-133W 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. 129W-133W; and WHEREAS, Milt Guggia Enterprises, Inc. 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 Cordero/Winston & Company, a copy of which sublease agreement has been presented to 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 Lease Sites No. 129W-133W to Cordero/Winston & Company subject to requirements attached as "Exhibit All. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 28th day of March, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None IJAR.r. ArJJIJIILL, W!\SV1( ATTEST: d .Oe, C- ,X /e'er.-�, - ARDITH DAVIS, CITY CLERK 11*4104:314ri:1 Requirements Associated with Consent to Sublease Lease Sites 129W-133W The approval of Resolution 22-88 by the city Council of the City of Morro Bay is conditioned on the following requirements: 1. Fender piling repairs to be completed in conjunction with the revetment repairs prior to October, 1988 if no Corps of Engineers permit is required for the revetment and the project can proceed immediately; or in the event that the Corps of Engineers requires a permit for the revetment repairs, then the pilings must be replaced/repaired within 60 days of permit requirement notification. 2. Sub -tenant shall conduct business operations approved within the lease agreement on Lease Sites 129W-133W only during the terms of this sub -lease. RESOLUTION NO. 21-88 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENI TO PROCEED WITH ABATEMENT T H E C I T Y C❑ U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and fire hazard, and hereby authorizes the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program; and BE IT FURTHER RESOLVED that all parcels cut will be abated to all adjoining property lines and to the street paving or curb, that such abatement shall not be achieved through discing, tilling, or any form of soil excavation; and that all cut and destroyed vegetation shall be properly cleared and disposed of within twenty-four hours of the cutting; and BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 9, 1988 at 6:00 p.m. in the Morro Bay Veterans Hall to hear comments From individuals who received notice to abate their parcels. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of March, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: - I I �/C -- ARDITH DAVIS, City Clerk RESOLUTION NO. 20-88 A RESOLUTION AUTHORIZING THE EXECUTION OF A REVISED GRANT DEED FOR PURCHASE OF REAL PROPERTY LOCATED AT EL MORRO ELEMENTARY SCHOOL THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted Resolution No. 30-87 authorizing the purchase of real property located at E1 Morro Elementary School and authorizing the City Administrator to execute the grant deed to said property on behalf of the City of Morro Bay; and WHEREAS, said grant deed was recorded at the office of the San Luis Obispo County Recorder on March 31, 1987 as Document No. 21418, Official Records, San Luis Obispo County; and WHEREAS, there is a discrepancy in the legal description of said deed; and WHEREAS, the City of Morro Bay wishes to record a revised grant deed with the correct legal description and exhibit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to hereby accept the revised grant deed from the San Luis Coastal Unified School District for the subject property located at E1 Morro Elementary School. BE IT FURTHER RESOLVED that the City Administrator is authorized to accept the deed to said property on behalf of the City of Morro Bay and cause the recording of said documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of March 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: DALE REDDELL, Mayor ARDITH DAVIS, City Clerk AND WMaN 119COIIDED MAIL TO r N._ C." A M.N .."As I'll .N Ia r MIr a— W..0 C., I .- I CAT. NO. NNO0578 TO 1901 CA 12-801 ii. J I SPACE ABOVE THIS LINE FOR RECORDER'S VSE Corporation Grant Deed s.,a IOMM IU".1j.xO aV TIcOR TITLe IMSUYana The undersigned grantor(.) declare(.): Documentary transfer tax is I ( ) computed on full value of property conveyed, or ( ) computed on full value lean value of liens and encumbrances remaining at time of Dole. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, IRV NIKOLAI, SUPERINTENDENT OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, FORMERLY MORRO UNIFIED SCHOOL DISTRICT, a corporation organized under the laws of the State of California hereby GRANTS 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: See Exhibit A and B attached and made a part hereof. In Witness whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru men[ to be executed by it ,H t5ana--------------------- - ere cry thereunto duly authorized. Dated March 15, 1988 SAN.L�InS COASTAL UNIFIED SCHOOL DI STATE. OI' CALIPORNIA COUNI'V OF SAN LUIS OBISPO SS. B)' President On March 15, 1988, , before me, the B f y undersigned, a Notary Public in and for said State, personally NI Secretary appeared Iry Nikolai personally known to me or proved to me on the basis of satis- factory evidence to be the person who executed the within instrument as chc---------- --------- PttsdrsrYza$ _^__________________________malty^yrrrow-rzo mrvr povedZD-mrDDThrtra:isv =is' itnyeridence ,I bent. fM,,.IN4w:w,ra/CUNQibOW KSKaRaiFIDbAL3Fth. Secretary of the Corporation that executed the within ins tr omensOra1LIµ and acknowledged to me that such corporation executed the 6Er.L KIN HOLNES within instrument pursuant to its by-laws or a resolution of i¢ MOr.pr wftic ALUOR.IA 1*1W..__E_YP. board of directors. M LUIS(BISPO fcum WITNESS mry/h)and and�offffic�ial seal. APR. 29, 1991 % Signature A•lt L�✓w_."KiL-CiYNiiY , el oral.., m. . KIM HOLMES, Notary Public Title Order No. Escrow or Ixlan MAa TAY STATFAIFNTS AS DIRECTED ABOVE • EXHIBIT A The purpose of this document is to correct an error in the description in deed recorded in Vol. 2971 of Official Records at Page 51. All that portion of Lot 10 of the Subdivision of Rancho San Bernardo in the County of San Luis Obispo, State of California, as shown on map of said subdivision of a part of the Rancho San Bernardo, filed for record January 5, 1907 in Book 1 of Maps at Page 6 of said County, described as follows: Commencing at the intersection of the Southwesterly line of said Lot 10 with the Easterly line of Dunes Street (formerly "D" Street) as shown on map of Tract No. 2 recorded in Book 5 of Maps at Page 20, records of said County, Said intersection point being the Northwest corner of Lot 5, Block 51 of said Tract No. 2; thence along the South line of Lot 10, said line also being the North line of aforementioned Lot 5 in Block 51, South 62033' East, 21.91 feet to a point being the Southeast corner of that tract of land conveyed by Rufugia Herrera to the Morro Union School District by deed recorded in Vol. 197 of Official Records at Page 120, records of said county, on June 20, 1936; thence South 620 33' East a distance of 384.00 feet along the Southerly line of Lot 10 to the TRUE POINT OF BEGINNING, said point being the Southwesterly corner of that certain tract of land conveyed by the Board of Trustees of the Morro Union School District to the City of Morro Bay by deed recorded April 28, 1965, in Vol. 1348 of Official Records at Page 82, records of said County; thence North 270 27' East, 450 feet to a point on the northerly line of said tract of land described in Book 428 of Official Records at Page 213; thence along said northerly line North 620 33' West 65.00 feet to a point; thence South 270 27' West 450.00 feet to a point on the southerly line of said tract of land; thence along said southerly line South 620 33' East 65.00 feet to the TRUE POINT OF BEGINNING, as shown on Exhibit B attached. Qr N z7 27� E 450.00' � � 1 Q MORQQ >3QY } G jn Ncr�L PQOPERTY 'L �• Q 4•ZS o.R. Z13 1V4•I.p PROPERTY -DESCRIBED 3i IN EXHIB,r A l N Z7' Z7 ' E 450. TpOB MoKrto e>^y comm. G-rR. / p LrT ` Q 1543 o.R. 8Z (1, �) G -t>) 8 1 >z=1GC>.cx:�* I 11V0ZfE sT&ke # 1 L= 03' 67 �. 1Z55 o.R. 34o In KENNE-DY WAY ° 1.1 27' 27' E 450.00' 595 O.R. 4.39 (1951) SC/_�LE I"= lad AM ENGINE---.91NG Arm F7EJELOPMEN? ASSOCIATES E X H 18, r B 32l NiPOrrO SiR ;iO SAN ; :S 09iSP0 G 93:r,:_ 9.y--a 5 5.5.. a:, RESOLUTION NO. 19-88 ACCEPTING DONATION OF UP TO $50,000 FROM MR. WALTER AXELSON FOR PAVING OF KERN AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, Kern Avenue has been designated by the City Council for maintenance overlay in calendar year 1988, and WHEREAS, Mr. Walter Axelson wishes to donate up to $50,000 to the City of Morro Bay for the paving of Kern Avenue in memory of his recently departed wife. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to accept the donation from Mr. Walter Axelson of up to $50,000 for the purpose of providing a maintenance overlay of Kern Avenue. BE IT FURTHER RESOLVED that the City Council expresses its deep appreciation to Mr. Axelson for this donation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of March 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: DALE REDDELL, Mayor ARDITH DAVIS, City Clerk RESOLUTION NO. 18-88 A RESOLUTION AWARDING THE INTERIOR DESIGN AND PURCHASING SERVICES CONTRACT FOR THE MORRO BAY COMMUNITY CENTER TO INTERIOR PLANNING RESOURCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is in need of a community center to serve the needs of the entire community, young and old alike; and, WHEREAS, the City requires an interior design firm to assist in interior and finish selections who has extensive experience in civic building design; and, WHEREAS, after careful review of interested parties submitting proposals, Interior Planning Resource of San Luis Obispo was selected as most capable of offering design services to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the contract for interior design and purchasing services is awarded to Interior Planning Resource. BE IT FURTHER RESOLVED that the City Administrator is authorized to sign the contract between the City and Interior Planning Resource. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 14th day of March 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL MAYOR ATTEST: ARDITH DAVIS CITY CLERK RESOLUTION NO. 17-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW ADDITIONAL USES IN DEL MAR PARK T H E C I T Y C O U N C I L City of Morro Bay, California CASE NOS. CUP 30-87/CDP 80-87R WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 21st day of September, 1987 after a duly noticed PUBLIC HEARING, did approve a Conditional Use Permit and Coastal Development Permit to allow group picnic quarters at Del Mar Park. The picnic facilities included the construction of concrete slabs for installation of picnic tables, grills, trash containers, construction of a picnic shelter, and installation of an irrigation system for new landscaping. The subject property is located in the OA-2/PD zone, more particularly described as: APN: 65-149-17 Portion of Lot 29 Rancho Morro Y Cayucos Tract City of Morro Bay County of San Luis Obispo State of California WHEREAS, on October 1, 1988, William and Sharon Thomas did appeal this action to the City Council; and WHEREAS, the City Council of the City of Morro Bay did on November 9, 1987, hold a duly noticed public hearing on said appeal; and WHEREAS, after receiving public comments, the City Council of the City of Morro Bay directed the Recreation and Parks Commission to: 1) evaluate alternate locations for the group picnic area; 2) review alternative sites for the existing BMX and radio -controlled car uses; and 3) amend the grant that was to provide financial assistance to construct the picnic facilities; and l •City Council Resol9ion No. 17-88 Page Two WHEREAS, the Recreation and Parks Commission for the City of Morro Bay met on January 19, 1988 to review City Council's comments and did amend the Del Mar Park Master Plan accordingly. Said Commission reduced the scale of the project and included a recommendation to allow the retention of existing informal uses (BMX and radio -controlled cars); and WHEREAS, the City Council of the City of Morro Bay did on February 22, 1988 conduct a PUBLIC HEARING and conceptually approved the amendments to the Del Mar Park Master Plan recommended by the Recreation and Parks Commission; and WHEREAS, the City Council of the City of Morro Bay also stated that said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act (CEQA), in that the project has been found to be Categorically Exempt and no further documentation is deemed necessary; and WHEREAS, at said PUBLIC HEARING, after report and the arguments of all persons, testify, the City Council did find the reasons to justify the granting of said and Coastal Development Permit: CONDITIONAL USE PERMIT considering the staff if any, wishing to following facts and Conditional Use Permit 1. The use requested is properly one for the OA-2/PD zone, and is consistent with the policies and objectives of the Morro Bay General Plan and Coastal Land Plan; and 2. The establishment, maintenance or operation of the requested use will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this proposed use; and 3. The use requested will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. COASTAL_ DEVELOPMENT_ PERMIT 1. The proposed project is consistent with the certified Local Coastal Program and applicable provisions of the certified implementing ordinances. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council on this matter; 'City Council Resolution No. 17-88 Page Three 2. That the City Council does hereby partially uphold the appeal of William and Sharon Thomas amending the Del Mar Park Master Plan and reducing the scale of the group picnic facilities. 3. That the City Council does hereby grant approval of Case Nos. CUP 30-87/CDP 80-87R, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay on the 14th day of March, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, ----------------- City Clerk i 6 RESOLUTION NO. 16-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND RECOMMENDING ADOPTION OF THE PRELIMINARY GENERAL PLAN FOR MORRO BAY STATE PARK 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, California, on the 14th day of March, 1988 held a duly noticed PUBLIC HEARING to consider the Preliminary General Plan for Morro Bay State Park; and WHEREAS, Morro Bay State Park is located within the City of Morro Bay, and the present and future uses of the State Park are of vital interest to the City; and WHEREAS, the City has a certified Local Coastal Program which sets forth various planning objectives for Morro Bay State Park, and provides for a coastal development permit process regulating future development within the state park; and WHEREAS, the City has actively participated with the staff of the State Department of Parks and Recreation to assist their understanding of the LCP and the City's concerns about improvements within the park unit; and WHEREAS, the staff of the State Department of Parks and Recreation has been cooperative with the City throughout the planning process, and has been sensitive to City concerns; and WHEREAS, the city of Morro Bay finds the Preliminary General Plan for Morro Bay State Park to be in compliance with the general provision of the certified LCP Land Use Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. The City endorses the Preliminary General Plan for Morro Bay State Park and recommends its adoption to the State Parks Commission; and 2. The City Council of the City of Morro Bay commends the State Parks staff for a quality planning program and general responsiveness to the City's concerns. Resolution No. 164 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of March, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ALE REDDELL, Mayor ATTEST: ---——------------ ARDITH DAVIS, City Clerk 6 RESOLUTION NO. 15-88 RESOLUTION AUTHORIZING APPLICATION FOR SAFE DRINKING WATER BOND LOAN FOR WATER TREATMENT PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California Department of Health Services has money available to lend under the Safe Drinking Water Bond Law of 1986 for a water treatment plant; and WHEREAS, the City of Morro Bay will need a water treatment plant for surface water projects as required by the State Department of Health Services; and WHEREAS, the maximum loan available for this project is $5 million dollars at 3.3% interest for 20 years; and WHEREAS, filing of the application requires authorization of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay that pursuant and subject to all of the terms and provisions of the California Safe Drinking Water Bond Law Act of 1986 and all amendments thereto, application by this City be made to the State of California Department of Water Resources for funding to bring the water supply system up to minimum safe drinking water standards. BE IT FURTHER RESOLVED that the City Administrator of said City is hereby authorized and directed to cause the necessary data to be prepared and investigations to be made in the name of said City to sign and file such application with the said Department of Water Resources. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of March, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None / RE REDD LL, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 14-88 AUTHORIZING FILING OF AN APPLICATION WITH THE STATE WATER RESOURCES CONTROL BOARD TO APPROPRIATE WATER FROM THE UNDERFLOW OF CHORRO CREEK (DOMENGHINI FLAT) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Area Water Management Plan (State Department of Water Resources, September, 1982) indicates the City of Morro Bay has an immediate need to develop additional ground water resources for its municipal water supply; and WHEREAS, there is an existing agricultural irrigation use of water on the subject land; and WHEREAS, previous evaluations of this property indicate there is a potential for developing a municipal water supply utilizing the water now used for irrigation on this property; and WHEREAS, the State Water Resources Control Board (SWRCB) has determined that utilization of said water for municipal water supply will require the award of an appropriative permit by that Board. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the filing of an application with SWRCB for a permit to appropriate water from the riparian underflow of Chorro Creek on the property known as Domenghini Flat; BE IT FURTHER RESOLVED that the Director of Public Works is authorized to execute the application and other documents related to this application on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14 day of March, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: DALE REDDELL, Mayor ARDITH DAVIS, City Clerk SjJE WATER RESOURCES CONT� BOARD I'..•N DIVISION OF WATER RIGH APPLICATION MAP ® Proposed Wells (points of diversion Proposed Pipeline —• Corporate Boundary (point of use) Iwo 1® 1® yM .Oy ym ww qy qp ' 1 'A 1 • 1 ..M{III CONTOUR INTERVAL +0 rEET 25 11 E NO. 12-88 RESOLUTION APPROVING NEW 29 YEAR 9 MONTH LEASE AND SETTLEMENT AGREEMENT FOR LEASE SITES 62-62W WITH DR. ROBERT E. AND MRS. MARILYN HITTLE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay has instigated litigation against Dr. and Mrs. Hittle claiming that the Hittles had breached the previous lease between the City of Morro Bay and Dr. and Mrs. Hittle; and WHEREAS, the Hittles have disputed the City's claims and raised certain defenses which defenses, which defenses are disputed by the Hittles; and WHEREAS, the parties have negotiated a settlement of that legal action pursuant to direction from the City Council in accordance with the terms and conditions of the Settlement Agreement attached hereto and made a part hereof by reference; and WHEREAS, as a part of that settlement agreement the parties agreed to rescind the old lease and to execute a new lease between the parties, which new lease is attached hereto and incorporated herein by reference; and WHEREAS, it is in the public interest to settle the litigation in accordance with the terms so set forth and it is also in the public interest to enter into a new lease pursuant to that settlement agreement; and WHEREAS, Dr. and Mrs. Hittle have already signed both the settlement agreement and the new lease thereby agreeing to all the terms and conditions contained therein, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that the Settlement Agreement and new lease for lease sites 62 and 62W between the City of Morro Bay and Dr. and Mrs. Hittle entered into pursuant to said settlement agreement is hereby approved and the CITY RESOLUTION NO. 12-88 Page Two ADMINISTRATOR and CITY ATTORNEY are hereby authorized and directed to sign said Settlement Agreement, and the MAYOR and CITY CLERK are hereby authorized and directed to sign said Lease. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: -None DALE REDDELL, Mayor ATTEST: O AkbITH DAVIS, City Clerk RESOLUTION NO. 11-88 A RESOLUTION ADOPTING A WATER ALLOCATION PROGRAM FOR 1988 AND SETTING FORTH THE ANNUAL 1988 PROGRAM AND OPERATING GUIDELINES FOR NEW RESIDENTIAL, NEW COMMERCIAL, AND NEW INDUSTRIAL DEVELOPMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code calls for the City Council to adopt a yearly Water Allocation Program based on a report by the Community Development Director after re- view by the Planning Commission; and, WHEREAS, Measure "F" adopted by the voters in 1984 requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family resi- dences allowed within that limit, after review and recommendation by the Planning Commission; and WHEREAS, on December 7, 1987, the Planning Commission did re- view the Director's report on the proposed 1988 Water Allocation Program and on suggested limits for 1988 under Measure "F", and did forward recommendations on the same to the City Council; and WHEREAS, on February 8, 1988, and again on February 11, 1988 during a special meeting, the Council did hold PUBLIC HEARINGS on the proposed 1988 Water Allocation Program and Operating Proce- dures, and suggested limits for 1988 under Measure "F". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City Council hereby receives and accepts the Annual Water Allocation and Operating Procedures Report submitted by the Community Development Department; and 2. That a Water Allocation Program for 1988 is hereby adopted by the City Council in accordance with the report as presented by the Community Development Director and specifically adopting the recommendations and annual water report including modifi- cations to the operating procedures, which are incorporated herein by this reference, subject to the following modifica- tions or clarifications: a) That compliance to Measure "F" be achieved by limiting new development in 1988 to 77 residential housing units; 50 to be single family residential and 27 to be multi- family; and b) That the City allocate to Peoples' Self Help Housing Cor- poration (PSHHC) 20 housing units from the available housing pool in 1988 and an additional 20 housing units from the 1989 residential distribution program, recogniz- ing that occupancy of the project is not intended to oc- cur until 1988. The City also awards in 1988 to PSHHC 15 water equivalencies for the 40-unit project; and Resolution No. 11-� • Page 2 c) That the City provide priority water allocations for the 10 residential applications that in 1987 had submitted applications prior to March 10, 1987, but did not receive a water allocation because the 1987 award was exhausted. These said applications shall also not be subject to any lottery program in 1988. The remaining 5 applications that were on the original list of 15 will be given a pe- riod of 3 weeks from February 23, 1988, to submit com- pleted applications; and, if such applications are found to be complete, they will automatically be in the lot- tery; and d) That the City retain the same off -site retrofit formulas as used in the 1987 off -site retrofit program, with no changes; and e) That the staff present for adoption an appropriate ordi- nance requiring mandatory retrofit upon the sale of prop- erties located within the City limits. Furthermore, the City shall not participate in the costs of performing any mandatory retrofit. Said costs shall be a part of escrow or other agreement between a buyer and seller; and f) That the City adopts the "blend program" for water allo- cation where each project proponent first obtains one- half of a water award through the off -site retrofit pro- gram. Upon acceptance by the Chief Building Official that an off -site retrofit application has been completed, the other one-half of the water award would then be allo- cated through the Water Recovery Program (pipe line re- placement). A project proponent at his/her discretion may also obtain a full water award by utilizing the off - site retrofit program; and g) That applications for new residential development shall be accepted one day only on Tuesday, February 23, 1988 between the hours of 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m.; and h) That the City adopts a quarterly award system with the dates of the awards set on: April 4 June 6 September 5 December 5 If less than 35 completed single family residential ap- plications are received, all applications will be placed into respective quarters based on a first come, first serve basis. If more than 35 completed single family residential ap- plications are received, a lottery will be held and the quarterly awards will be made in the numerical order the applications are drawn from said lottery; and Resolution No. 11-� Page 3 i) That the City adopts operating procedures that in the event more than 40 single family residential applications (including the 5 eligible for automatic placement in the lottery pursuant to (c) hereinabove) are received a lottery will be held. Furthermore, a single family lot owner may submit only one application; unless, less than 40 single lot owner applications are received, whereupon a project proponent may submit additional single family residential applications to a total of three. Upon sub- mission of applications within the time period specified by Council, the Community Development Department will check each application for completeness. If more than 40 single family residential applications are received, the Director will set a date and time to conduct a lottery for all completed applications; and j) If more than 40 completed single family residential ap- plications are received and a lottery is held, the re- maining applications not among the first 40 drawn will also be drawn; these remaining applications will then be placed on a waiting list for a building permit in the or- der drawn in the event one or more of the first 40 appli- cations does not perform or obtain a building permit in a timely manner and in accordance with Chapter 13.20 of the Morro Bay Municipal Code. Applicants placed on the wait- ing list and not obtaining building permits in 1988 will remain on the waiting list with absolutely no guarantees that water will be available in 1989 or that their re- spective applications will be given any priority status; and k) That the City adopts operating procedures to process multi -family residential requests in the same manner as single family residential requests, if submitted projects exceed the seven (7) multi -family housing units available in 1988. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held on this 22nd day of February, 1988, by the following vote to wit: AYES: Lemons, Odell, Sheetz NOES: None ABSENT: None ABSTAIN: Donnelly, Reddell ARDITH DAVIS, City Clerk MEMORANDUM Dc e _M 91 f,:i;z'1 COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 11, 1988 TO: Honorable Mayor SUBJECT: Annual Report on and City Council Water Allocation Program On November 30, 1987, the Annual Water Report was released to the City Council, who, in turn, forwarded the document to the Planning Commission and Water Advisory Board (WAB) for their recommendations. The Planning Commission reviewed the report on December 7th. Copies of the Commission's minutes and resolution are attached (see Exhibits "A" and "B"). In summary, the Commission accepted the report of the Director but recommended several modifications to the operating procedures. These modifications are listed in the Commission's resolution and consist of reducing the number of residences required to be retrofitted from 22 to 15. Other Commission recommendations include that the City actively Participate in marketing the retrofit program, and encourage the use of 1-1/2 gallon flush toilets in retrofit proposals and in new construction. The Commission further stated that the water recovery program should continue and be used to enhance fire flows and replace deteriorated water lines. Excepting for a special award for Peoples' Self Help Housing Corporation, the Commission recommended that no additional water awards be. made through the recovery program. The WAB reviewed the water report.on December 9th. Copies of the WAB's minutes are not yet available. The WAB agreed with the staff recommendations except that to require 22 residences to be retrofitted for every new residence was excessive. The WAB recommended that until additional data over a longer period is available, that the current retrofit ratio be maintained. The WAB suggested that the following comments by individual members also be forwarded to the Council. WAB member Fisher expressed a desire for the Citv to allocate more water through the water recovery program. He expressed concerns with the operating procedures, particularly in regards for the method of allocation to low and moderate income housing projects. Mr. Fisher discussed further a mechanism to bring water recovery and off —site retrofit into a more simplified package. Memorandum — Annual Water Page Two January 11, 1988 Report WAB member Cartwright was hesitant to accept the quarterly award system discussed in the draft. operating procedures and opposed changing the retrofit ratio until more time has passed to gather more comprehensive data. WAB members Kitzman, Persons, and Wuriu stated that the mechanics of the operating procedures were confusing due partially because the water recovery program, Measure "F", and off —site retrofit program all evolved separately. The City Council should review these comments in relation to the annual water report and the Director's recommendations. Comments from the public have also been received during recent weeks about operating procedures. As a result, staff has enclosed an addendum which clarifies several procedural issues. The addendum is attached to this report and is labeled Exhibit "C". The Council is requested to consider these modifications in their review. A copy of the Annual Water Report is attached for your convenience. Attach-r eats 1. Planning Co:rmission minutes (Bxhibit "A") 2. Planning Comn ssion resolution (Fxhibit "B") 3. Addendum to operating procedures (Exhibit "C") 4. Annual water Report with supplemental appendices MISUTES - PLANNING • 1". • DECEMBER 7, 1967 PAGE 3 c�Y.1�T_T decision to make a minor change to the project ma};ing 1t necessary to continue the request. Tice -Chairman Jack Harper opened the public heari Chuck Murdy, 2410 Reno Court, asked for the efinition of a security quarters. Staff replied that a security quarter is a small apartment located on a second story or at the re _ of the property' and is allowed on a commercial site in specif'c commercial zones. Imogene Haidet, 2861 Juniper asked if the security quarters would be for the temporary us during construction or if it remained after construction d finished. Staff replied tha the apartment was allowed as permanent living quarters. Vice-Chairm Jack Harper closed the public hearing. MINUTE MOTIO : Commissioner Richardson moved to continue Case No. CUP 33-87/CDP 88-67R to the December 21st Commission meeting. Commissioner Melvin seconded the motion. C. 1987 ANNUAL RATER REPORT. This reoort summarizes 1987's water allocation awares and procedures, and 'compliance with Measure "P". The report reviews the water recovery and off - site retrofit programs and makes recommendations on water awards and operating procedures =or next year's ailoCations. Staff reviewed the three basic topics of the report; Cistribution of water, the status df the retrofit and pipeline programs, and the suggested recommendations. Commissioner Melvin asked how effective the 1.5 gallon `_lush toilets have been, and if staff had made inquiries into other districts which had reouired them. Staff replied that there had been a reluctance in installing this type cf _ixture as the .5 gallon flush tcilet had been more readily accepted by t'r.e public. Sta== sa led rust the Goleta Water District had been contacted fcr _-format'_on about these fixtures as they had been in use there for some time. The general conclusion was that the newer __,.lures have been improved but there still were some problems with the design and acceptance on the part of the public. PLANXISG l.rS.V^ D�C�':E�R ' . 1987 PAGE 4 Exhibit "A" cont. Commissioner Richardson asked in reference to option number reserves. two on page 12 if it were legal to allocate water from future Staff replied that although no formal legal opinion had been obtained from the City Attorney this method of allocation was the only wav possible to allow for this many units under the multi- family allotment under the existing ordinances. Staff added that the units would not be given final occupancy until 1989. Commissioner Melvin asked if there would be a problem with the funding under HUD if the allocation were not made. Staff replied yes. Vice-Cheirman Jack Harper asked if the pipeline replacement allocation was not provided would the replacement of pipe continue. Staff replied that the funds would be continued to the project. Commissioner Melvin asked in reference to the operating procedures for obtaining application for new development if staff would be publishing the requirements for submittal as well as developing a handout for the public. Staff replied that this is the intention and would be proposing to Council that a two ' we be given staff after the allocationohasubeenemadeepa anon period Commissioner Richardson asked if an applicant were to drop Off Of the list would the applicants then all move up one number. eta-` replied that the Irecommendation is to maintain the `s` nor a two year period. As applicants apply for new development they will be placed on the list in chronological order. If their application does not meet the specified criteria Pt the time Of application, it will not be accepted, cut returned wit^ instruct" On Of what i5 lacking.?^ _ an applicant withdraws their application the list will move forward to fill the space. Vice -Chairman Jack Herper asked would take af= -- the first quarteriv award ee January ist as the Council would not be hearing the repert by then. Staff replied that Council will se system but, - the cuarterly award treat it probably wouldn't begin until after January. Vice -Chairman Jack Harper opened d the public rearing. Mark Dees, a local contractor, stated that the appli Cants N'r.i C. were ^c + -I-teen not able to build last year and who were recommended -Co head the 196 7 li_t should be v ' g•. en a specific .':iN'Tc:S - PL4NNINCO LECE uER 71 1987 • PAGE 5 Exhibit "A" Cont. amount of time in which they must appl}' so that the remaining applicants could begin the process. .He also asked how many multi -family units would remain after the PSHH award. Staff replied if the recommendation was approved that seven (7) multi -family units would be available. Mark Dees expressed his concern with the quarterly award system. He stated that if all 70 applicants made application at the same time and were given the same 120 days to complete the process the department would be faced with the same backlog of work. He asked if it would be possible to apply for the discretionary permits; use permit, variance, etc., prior to the acceptance of the building application. Staff replied that they did not anticipate a great need for discretionary permits which'would require public hearings, that most could be handled administratively therefore it was not recommended to begin discretionary permit processes prior to the acceptance of the building permit application. Richard Harvey, a local plumbing contractor, stated that the requirement for 22 retrofits per new SFR seemed excessive. He hoped there was a way to minimize the number. He suggested utilizing the 1.5 gallon fixture. Craig Melt-ner, People's Self -Help Housing Director, spoke about the allocation process for the 40 unit senior housing project. He stated that HUD had to be given assurance that water would be allocated to the project prior to granting funds. He agreed with the construction time table far the project and assured the Commission that 'final occupancy was planned for logo. 'andv Ruff, 485 Shasta, stated that the -;!nual Report did not deal with tno current water levels in the C'it\' N'e115 and the amount which is allowed O}' the State Water Resources Board. He Stated that we are using 974 O`_ that allocation and could not see the justification of continued "allocation with the use at this level. Mr. Ruff added tnet a better analysis was need before the report was Sent to Council Bruce Morgan, 29-5 Elm Stre to et, stated that he had attempted OL•iid under the 1pipeline _erlaCeme:a award and understood that he would be Onee Of the 15 who would be allowed a a1lOcation but under the - - - 'i'st .etrofi, prograr,.. He did not believe this to be _fair treatment adding that he and the - fteen other applicants should be allowed pipeline replacement water which is being allocated to the Multi -unit housing project. Staff re5 onded M . p tO Piorgcn's comments stating that under current ordinances for Pipeline residential pipe - replacement multi -family u'*].t5. L'li�5 have a higher priority than single ;arr..iiy L'.^.ite 1 St affua150 provided the aPp.0.%_imate number of available left in :1C_^rG teay w'ni C}1 could be rEtrCfi��ed. MINUTES — PLANNING COISSI01; • DECEMBER 7, 1987 PAGE 6 Exhibit "A" cont. Commissioner Melvin asked if staff had done any evaluation of how many families are Killing to take advantage of the program. He added that the City needs to advertise the program to eliminate all of the misconceptions and to make it easier on the applicants to obtain agreements. Staff agreed that the City has not promoted the program in the past. ' Ernie Miller, 645 Morro Avenue, stated that 22 retrofits would be an excessive number to complete. He added that under the present formulas a two bath home earns the most for the money spent retrofitting. Each additional bathroom is given less credit but the same amount of money is required to retrofit it. He also asked if the unused commercial equivalencies could be given to residential uses. Staff explained how the retrofit formula was arrived at, and added that water equivalencies could not be exchanged between commercial and residential under existing ordinances. Kathy Alchurad a, 810 Luisita, stated that she and her husband have been waiting to build on their lot so that they could begin their family. She was concerned that the amount of retrofits required would make the cost prohibitive to young couples such as them. She asked if the Citv could obtain the retrofits and dole them out or if they could maintain a list of homes which need retrofitting and would agree to the program. Kathy,also asked if contractors and developers were given the _.same opportunity for allocation as home/owner builders. Staff, stated that the City=.ttorncv had prepared a legal opinion On the pO55ibillt}' Of the City imposing a mandetory retrofit program throughout the City. Staff also stated the- for the City to take on the whole implementation of the retrofit program they would need to hire extra staff and the program would probabl}' not be as effective if operated by city govenment. Staff added that there is no differen-ial treatment of allocation to home/owner builders versus contractors. Vice —Chairman Jack harper asked about the building limitation ordinance which imposed a deed restriction limiting the transfer of water within the first year of occupancy. Staff replied that there had been legal CuestiC.^.s regarding L1_ rest.—icticn which had been placed on pipeline water and it had been removed. Staff added that there had not been such a restriction on the retrofit allocation program. Commissioner Melvin stated that the Cit}' needed to investigate incentives for owner occupied residential construction. MINUTES — PLANNING C•IISSION • DECEMBER 7, 1987 PAGE 7 Exhibit "A" Cont. Randy Ruff stated that through his investigation of retrofit allocations in 1987 approximately 254 of the applicants were contractors. Ron Kessling, a local contractor, stated that he hoped to build this year for himself but that the number of necessary retrofits seemed prohibitive. He asked if it weren't possible to cut the number to a more reasonable amount or use the savings from pipeline to offset the difference. Staff replied that the Coastal Permit approved by the California Coastal Commission required a savings of 2 to 1 and that according to the analysis of the past years program this savings was not being met, therefore, while staff was not so much recommending 22 units be retrofitted for each new SFR permitted it was a way of insuring the Coastal Permit specification. Staff added that other options were being researched which may allow for fewer retrofitted units per application. \'ice —Chairman Jack Harper closed the public hearing. Commissioner Melvin that this was a difficult issue and it would be impossible to please everyone. He basically agreed with staff's recommendations but had a major concern with the number of retrofits required to meet the 2 to 1 ration. He stated that the existing data base was small and therefore could not provide an exact analysis. He was in favor of some type of balance between the previous requirement of 11 and this years recommendation of 22. Commissioner Melvin stressed the need for the City to promote the retrofit program through advertising and meil—outs. He added that he was in favor of the City Council granting some type of relief for the 15 people who were unable to build under the pipeline program last, year. Commissioner "ielvin did agree with the recommended procedures of accepting applications and finally, in regards to Mr. Ruff's comments, the City Council should review and clarify the amount of water useage by the city with the amount agreed to by the State Water Resources Department. Staff replied to the last statement by Commissioner Melvin stating that the numbers in the report relate to the question and it appears that we will be under the maximum acre feet allowed. The city does use all the water which is allowed each year and bus has not increased the usagE with the new development which seems to indicate that efforts toward conservation are working. Commissioner Richardson was concerned that if the Coastal Permit, for the water allocation was now mEt t at the -Oa5I tal Commission may ask for verification of the pipeline replacement -- program and it is doubtful such proof is available. He agreed -with the recommendations.made by staff and Commissioner Melvin. Commissioner John Harper agreed wit^ staffs recommendations he did not feel that pipeline was a viable program as it is �::''L'TES - P • •.sS:orc DECE.":BER 7. 1987 PAGE 8 Exhibit "A" coat. inconclusive and agreed with Commissioner Nelvin that 22 units to retrofit was too high a number. Tice -Chairman Jack Harper agreed with the other Commissioners. Staff then outlined the recommendations made b_v the Commission as follows: - the number of units to retrofit is too high and some way of reducing the number should be found; possibly by amending the Coastal Permit the city needs to tape an aggressive approach to promoting the retrofit program some type of relief should be granted the 15 people who attempted to build under pipeline last year - the procedural changes are adequate - pipelines should continue to be replaced The discussion continued on a few other points as follows: How the city might utilize the savings from the 2 to 1 savings retrofit is supposed to save now. :_ the equivalency was to be saved for future use, then use it now. How the city might promote the use of the 1.5 gallon fixture. water now befcre the Coastal 'Comm-ssion discontinues _ts use because of !a0}: of val Mr. hessl':r_ger suggested the possibility of receiving Credit for using the _.5 gallon __..lure in a new SrR as ?art of that Ceveiopmenl's retrofit package. He added ti,at the PS*"' prcJec: should be required to use 1.5 gallon=_..tures. O rTai ad07110.^. C•f a re50',Uil0, der-': iIlg CASE ' i.l� �J—F.7 l =•00e , c^.. .."tc E arr.• Car.° _ — Erccde_^o). he Commission, b ^."('Hite Notion ate: nan':mOuS) made the decision to allow the aD^,_..ant to request :he case be reopened for pubii^ .._cring to be recch_iderec for denial without reiu' formal accotion of the resolution for the "P .+`5 aC110.^. will lahE ^1aCE al tno December 2151 �- _..ins. PLANNING COMMISSION RESOLUTION NO. 73-87 RESOLUTION RECOMMENDING A WATER ALLOCATION PROGRAM FOR 1988 AND SETTING THE ANNUAL LIMITS ON 1988 NEW RESIDENTIAL, NEW COMMERCIAL, AND NEW INDUSTRIAL DEVELOPMENT KHEREAS, Chapter 13.20 of the Morro Bay Municipal Code calls for the Planning Commission to recommend to the City Council a yearly Water Allocation Program, based on a report by the Communitv Development Director; and WHEREAS, Measure "F" adopted by the voters in 1984 requires the Citv to set an annual limit on new residential units and to prescribe the mix of single family, multi -family residences allowed within that limit,; and WHEREAS, on December 7, 1967,. the Planning Commission did review the Director's report on the proposed 1987 eater .allocation Program and on suggested limits for 1987 under Pleasure and WHEREAS, on December 7, 1987, the Planning Commission did hold a PUBLIC HEARING on the proposed 1988 Water Allocation Program and suggested limits' --or 1986 under Measure "F". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Planning Commission hereby receives and accepts the Annual .City Water Report as submitted b%. the Community ,)evelopment Department; and 2. fiat a hater Llloca ;on Program '_cr 1966 is h-rebv recommended to the Council in accordance with the report of the Community Development Director and. specifically adopting ?e reCOtmendatiCnS anq annUa! water repent including modifications to the operating procedures, which are inCCr70rated herein by i5 re_`erence, stDlect t0 the ollowing recommended modifications Or Clarifications: E. `educe the number of rEtrO.it for a single residence 2 i'to n owe- numoer Such as 10. Tn- Commission believes twat increasing the number of rEtrofi__ recu'i_ed in order t0 maintain the 2 t0 1 ratio the guidelines is prema-zure at this time given. the limited ^Statistical data available. tu'rther, requiring 22 retrofits for each new home may be an impractical and excess'. ely difficult requ`'_rement app_icants to meet and could undermine use of t:7e retrcfi. _rogram; r_1 .0 Planning Commission Resolution No. 73-87 page Two Exhibit "B" cont. b. Tl,e City should actively participate in marketing the retrcfit program in order to maximize public acceptance and participation; C. The City should encourage the use of 1-1/2 Fallon toilets in retrofit proposals and in new construction, and should install these extra low flow• units in City Hall and other suitable City properties in order to help save water and demonstrate their effectiveness; d. While the Commission supports for the present time the emphasis on the retrofit program rather than making general pipeline savings awards, the pipeline replacement project should continue in order to save water, replace deteriorated Mate: lines, and enhance fire flows through the waterline system. 3. That compliance to Measure p be achieved by limiting new development in 198E to new residential development for 1988 are recommended to be 77 total units, 50 to be single family residences, and 27 to be multi —family units. PASSED, APPROVED, AND ADOPTED, by the Planning Commission of the City of Morro Be% at a regular meeting thereof held this 21st day of December, 1967, by the following roll call vote: NOES ; NE e !Vice Cna.rman `-i A TZST: W 7llL4 M -� 71, Secretary E J`lIBI- .,c., ADDENDUM TO OPERATING PROCEDURES 1. 1988 Quarterly Award Schedule. The public has expressed interest as to the anticipated dates for accepting building permits and the dates of the quarterly awards. The following list is a suggested schedule for accepting applications and dates for awards: January 11 Council approves report/sets quota February 19- Community Development Department accepts a applications March 7 Planning Commission makes first quarterly award June 6 Planning Commission makes second quarterly award September 5 Planning Commission makes third quarterly award December 5 Planning Commission makes fourth quarterly award 2. Expiration Period for Applicants Who Submitted Applications Last Year After Water Allocation Closed for 1987. The proposed operating procedures recommend that those applicants that had submitted a complete application but did not receive an allocation because the 1967 list was cut-off and closed would be given a preferred status to resubmit their applications and be placed at the top of the list for 1988. The procedures, however, do not specify any expiration dates for plan resubmittal. It is recommended that these applicants be required to submit a complete building permit, including Title 24 enemy calculations, any seismic soils reports, if required by city ordinance, and a complete retrofit package no later than 120 days from the date the Council directs staff to begin accepting 1988 applications. If such applications are not submitted within the time D_eriod specified, any original position could not be retainer:. 3. Placement of Multi -Family, Commercial, and Industrial Projects on the Water Waiting List. , The procedures outline the specific process for placement on the water waiting list for single family projects. It does not specify the procedures for multi -family, commercial, and industrial projects; this needs to be clarified. For multi -family projects requiring an administrative coastal permit, tine operating P g procedures for such requests would be the same as for single family residence:,. All Other multi -family requests, and commercial and Industrial Projects, prior to establishing a Dlace on the 1988 water waiting 115t, mUst obtain all necessary local discretionary permits needed by the development Dro-ect. _ter such permits are obtained, applicants may submit building plans in the manner as discussed in the annual water report. AGEENDA NO. Date ��� Action STAFF REPORT CO. "Ill ,U\ 17 T DEVEL0?'lz: 1 ilc-A31.- c 1 DATE: November 0, 19.07 ,0: Honorable `;ayor, City Cou]]ci? SUBJECT: Annual Reporz on Wafer .4. location :'rogram I. INTRODUCTORY REMARKS Each December, the Community Development Department prepares an annual report on the past "ear's water allocations and recommends a specific allocation plan for the upcoming year. The report is to be reviewed by the Planr:ino Commission on December - and by the Water Advisory Board (WAB) on December 9th. The Comm�ssioa]'s comments and those of the WAB will be forwarded to ,he City Council in January, 1988. ,here arc three basic topics this report shall address; these are the distribution of water in i987the Stb" Cs. Of the water recovery program and the of; -site retrcfi, program, and suggested recommendations for Water allocation in 1968, including chenges to the operating procedures. Each of ,hese topics is discussed under separate headi]]l,s. Under each heading is a 1?st of summarti' information. "lore d'_'taiied analysis 6GOCt EaCi] tOrliC including charts and tables, is listed in the corresponding appendices. II. DISTRIBUTION OF WATER EQUI\'_LENCIES FOR 1987 (Apnendir. ,A,, The Council allowed a maximum of only 1 30 water equivzlenc}" u]]its to be distributed to new development during -he past year. These units .of water were d's-__butec , - _ replacemen, pros- - as pa.- r..- he pip�._ne Cf h= ota l ar::oc::. . equivziencies v:e_ :ar e_ - .9 ^l' av ^ ,O „-.<<DIe-.cjec,s r'crsua.-._ ,C.:?]e a7proved water recover\•^ tc 1oCa,ion mc'de1. Cf t?]e amU n, distributed, the n:zjOrity of the water award,E•9 percent wen, CO Single family reside!]tia! Consti-uc,lcn. .'?e remci.'._:`g awar. s, al DerCe^t, Were distributed am0::Smail €el]?rat commercial office, and industrial prcjec,s. Water allocation also occurred _..rough water retrofit program for 1967. Xeariv all of the retrofit -og-ams _ p- o' earned water _C s "cle _ac:i:" Jrojec,s. he Council in en' years has favored the -e--off` roc. - rec_ =.loom -. Dram over _I,e Wat.,_ recover ,1C1] mode]. nis fa\'O red^ S,atUS ic- a re Sl:l ^Cf the U gram' S abil i,_" ,J mea SI-, a assumed ver S.,: aCtua'. scving5. ='reel OUS repor,s have suggested thct Wafer Sa'•"ino5 i5 OCCL'__:na, a1L'10L`gh a, less t.nen e.:pec,ed level S. In summary, botl].water ailOCation meth Ods a: 1 owed 54 cinclle :anvil • n residential l'nits, 16 multi-faral}' units, and minor commercial er.d _., s,:;ai development. Bo,i] the amount and mi:; ?AGE 2 of single family and multi -family units are Within the prescribed limits set by Measure "F" for 1987. In addition Measure "F" states that not more than 57 percent of the equivalencies awarded in a Fear can go io commercial and industrial projects. For 1987, the non-residential allocation total 9.07 equivalencies, re;iresenting only 11 percent of the total commercial/industrial allocation. I11. STATUS OF THE WATER RECOVERY (PIPELINE REPLACEMENT) PROGRAM AID OFF SITE....RETROFIT_PROGRAMS A. WATER RECOVERY (PIPELINE REPLACEMENT) PROGRAM (APPENDIX "D") Since 1982, the City leas utilized a water allocation system known as the water recovery program, or more sim;:)v pipe15ne rep lacerent. Pipeline replacement ),as been considered to be a method of ,cater conservation whereby the City raplaces old and "leak.'" water mains with new water lines. Once the water has been saved, the City traditionally distributed this water to new development. The current model estimates that one water equivalency is saved for every 165 linear feet of line replaced, or 32 equivalencies per mile. As a note to the reader one "water ecuivalency" eauais 10.780 cubic feet of water used per year, which has been determined to be the average annual use by a single family residence in Morro Bay. All water needs are expressed in terms of equivalencies. As Of October 12 1957, the City cumu'atively has replaced 20.33 miles Of water line. Based on the formula mentioned above, the City has "earned" about 584 water equivalencies. Of that amount, 340 equivalencies have been awarded. Therefore, the difference between the two numbers, 244, represents the total number c_ ealii\'aienCleS availaDlE .Ur aa'arG. ..aStaI Perr',it Sc. 4-81-309,=,. :however. wi it on v Dermit 120 c'f .',eSe erL i'ai enCieS t0 De awarded "annually. The- remainder COuld De a st ri but ed in flit L're allocation programs. Pipeline replaceme— has Occurred at a=a`_rly active Dace. Si:]Ce fiscal Year 1-8i-EJ an eve^age of 2.7 miles of new waver ma'::'1 has [le eri instal led. =.t ttlis current pace, all 2E miles of main should be replaced by 1990. One of the continuing controversies raised about Di Del ine replacement is ti]e amount Of water Savings resulting _r- t7]E prO�ram. -ast ':ear wl]en re\'iewinc the 19E water a1,Ocation prO,�ranl the A. =,D, _Tanning Commissi C:], and City Council expressed some doubts a-ou't tl]E Drogram's e=_T1Clenc\'. TTi'_S OUL'Dt V:aS =enerated 1--Y tl',e inabi]it v to provide empirical measurements on ^vreCl Se amount o: water savings. T- \'earn 15-Ae !'as-, Veal', staff cannct provide a clear and de_'inite ansv:er as actual water savings resulting :rom, the DrO;r&m. WATER Ai OCA-_ AL ANNUAL REPORT PAGE 3 Nonetheless, this is not to suggest that the program does not work to some degree. Mathematically, the savings' formula (32 equivalencies saved for every mile of pipe replaced) appears to make some reasonable assumptions about assumed sayings. Whether the demand of new development has been exactly offset by savings of replacing leaky pipes is not known".,_-*--- The fact remains that water extraction has not exceeded historical levels deipite strong pressures in terms of growth, the economy, and the effects Of weather to increase demand. Countervailing effects of water rates, voluntary conservation, replacement Of lenity pipes, and the off -site retrofit program combined also make it very difficult to measure sayings from the recovery model. The relative impact of current growth rates and of savings by retrofit and pipeline replacement are probably largely subsumed and hidden by the impact of other and far more significant variables such as the economy, weather and water. rates. B. OFF_SITE RETROFIT_PROGRAM (APPENDIX _C",). 1. Background In 1985 the City of Morro Bay initiated its "off -site retrofit Program" whereby developers could earn water for new construction by replacing older toilets and showerheads in existing buildings with new water conserving fixtures. under the program, the developer was required to save two gallons for every one gallon his/her project needed. Therefore, if successful (and if the savings estimates Proved accurate), then a net decrease in overall water use should result. Few developers took advantage of this option during 1985, preferring to apply for water through the "pipeline replacement program", which was the more simple and Stralgnt-forward method of obtaining water. 5v the end of 198^ Only a few sma}7-stele multi -family projects, which were unlike}. to u+ -o- through the receive wa-__ g pipe replacement program because of jthe pricrity system, had applied for water under the retrofit option. in late 4C85 the City Coin]::il continued the _retrofit program t0 July 1986 oil an exper7 mental basis. At the same time, because water line replacement work was Occurring slower than planned and perhaps because of ambiguity" about the amount Of saved water, the pipe replacement water allocations were discontinued after Janllarv, 1986• Faced with no clear alternative, many Of the applicants who had .. ��+ been Y:a.it_ng for water through the pipe replacement program turned to the retrofit Option. `lost Of these were applicants for single family }': ou ses. Two otner Significant changes occurred t0 the progrL' am 6t t!S ime. ti_S" tO encourage the retrGf It Gf homes rather -Ii as C OmmerCial .^, L'ildings, the ratio of two a� , S- c one a oc110._s saved =Or every Qallon needed was applies; only to retrofit proposals under which at least %5 percent Of the estimated S60: as would be from W;, TER i-0-. - 'r:EPOFT • PAGE 4 upgrading the fixtures in existing homes. If less than 75 percent of the Hater in a retrofit proposal was to be saved by retrofitting residences, then three gallons would need to be saved for every one gallon needed. This helped spur a change in the character of the retrofit proposals so that now most retrofits are entirely residential, whereas many of the earliest ones "ere almost entirely commercial The second change was administrative. The staff revised their savings estimates down, based on additional information from the U.S. Department of housing and Urban Development. Thus, typicall%, 11-12 existing residences needed to be retrofitted before a single new house could be permitted. As a result of these factors -- the discontinuation of pipe replacement allocations, the emphasis on retrofitting residences and the more conservative formulas -- the typical retrofit application in 1986 was for the construction of a new single famil3• house, involving the replacement of toilets, showerheads and sink fixtures in 11 or 12 existing residences. Next staff was directed to prepare a report analyzing the program, for review by the Water Advisory Board, Planning Commission and City Council by July 1986. The report concluded that et the time few of t1,e retrofits had actually been implemented and even fewer had been in long enough to obtain a single meter reading. It was impossible to judge the water savings of the at that program time; more data over a longer period of time was needed. Six months later, the 1986 Annual Water Report once again reviewed the retrofit program. The review showed that retrofit was saving water, but at less than expected levels. `inch o'_ the data that was collected to draw this assumption v.-as st:21 limited and more time was needed before any sound conclusions could Oe made. The 1987 Annual Water Report tries to determine the degree of savings attri.bUtEd to the retrofit Dro�raTO. O d0 this, ti?i.5 report addresses the following issues: Observed sayings should be compared to estimates Of sayings to see if formulas need adjusting. Estimated water savings compared to past usage including some kind of control to extraneous variables (eg: a random sample of non-retro_itted houses. :he report will also discuss correlations between level 0- savings and type of _:x: ure and the effectiveness of tCi'•et5 using less than 3. gailons/_flusi:. WATER .._-OC.�T10' - ANNUAL REPORT PAGE 5 2. Estimated Water Savings The most important issue raised by 'lie program Jr whether or not Water is actually being saved by retrofit, and, if so, how much. In the early part of tl]is year staff began an analysis or: Potential water savings resulting from retrofit. The first step was to identify existing properties that had been retrofitted. This information was collected and then correlated with respective water account numbers. This information v:as then entered into the City's utility file computer system which would allow easy information access and data massaging. Next, all of those accounts, which had been retrofitted for at least a one year period, (those projects retrofitted in 1985 3 86) were selected from the utility file system. Fifty of these account numbers, chosen at random, then became the sampling pool. Of this sample, six accounts were thrown out due to irregularities; three of these accounts represented excessive water savings, while the other three accounts represented increased consumption. The sample data represents 37 single family residences, 30 apartments, and three commercial structures. Appendix C, Table 9, summarizes the sample. The sample was based on the previous retrofit report's methodology which compared post -retrofit water usage to previous year'., usage during an analogous time periods. lu the analysis, an average of the past three years' usage during the same meter reading period was used as the base line. The test was to see if, after the retrofit, this years' use during the same time period went up or down compared to the three year average. The analysis indicates that of the 44 meters in the sample, water use in 26 of -he meters declined (590.). in the remainder of the meters. water use increased. Although the nalysis si]cws a reeuct'_on in water use, the nest Question that `is raised is how muCh does It decline. Be --ore the rex �r0f:t, three Vear average usage for the samp'e in an analoe-ou's period was 67L 6 cubic feet. Az ter retrCf it, during the same time period, the same sample used only 615,500 cubic feet, for a sav_ngs of 59,267.cublc feet. ow Co these. sav_ngs comDare \+-i-,. w:?at was predicted D\' theapproved formulas'. The approved formulas would expect that after retrofit 116,615 cubic feet iS to be Saved from the sample. Tale observed decrease, however, abOi;t 101 percent cf the amount that was predicted. Tilts meals t']at cnly _.01 gallons are being saved for each 1.0 gallon needed rather than a savings of 2.0 gallons. -,he data GOeS sUggeSt ^.at for t_.ose residences retrof ted wit:] conventicnai i'_XtLreS. Ater is ^'Ue'_.?g Saved but a; IeSS -'-at expected levels. One cue=_tion.. that could be raised is that while \Pater u'se i]as declined, ;; oP. Id i- Have dec11n ad for another reason WATER=,_i0C4Tl��- ANNCAl- RRPORT • PAGE 6 3. Control Sample To answer this question, a random sample of 50 non -retrofitted residences was obtained. Water records for these residences were reviewed over the past two years. (As a note to the reader, it was originally envisioned that the control sample would contain data for a three year period. Only two years of data is easily accessible from computerized records. Obtaining data for the third year would require extensive Band tabulation and would have delayed this report. Therefore, it was not included. next year, however, since much of the groundwork for the sample control has already been established and additional water records computerized, a three year analysis will be possible.) Table 12 summarizes the amount of water used over a two vear period for the sample. The data suggests that the amount of water used in the non -retrofitted sample group was generally consistent from one year to the next. it should be noted that there is a six percent increase in water use over the two vear period. The significance of the increase is probably irrelevant at this time given the limited time period of analysis. Staff suggests that a change in weather over the two year period is reflective of the water use increase. Summer weather patterns in the first ycar of the sample were cooler than those found in the second year. One of the more interesting issues raised with this analysis is that the amount of water being used in the residences is less than the City's established water equivalency unit of 10,780 cubic feet. This unit of measurement is the basis for all new construction water awards. if, in _`act, the water equivalency unit is less than 10, 780 cubic feet, the City is actually awarding more water to new development Char: _5 :eCnn_Cali:" being used bi".that development. The impact of having an equivalency unit less then 10,780 cubic feet could extend the use of pipeline replacement awards. it also increases the percent savings occurring through the retrofit program, since predicted savings is based on One water equivalency equaling 10,780 cubic _feet. -�t :.his point, it would appear to be too early to tell whether the equivalency unit should be adjusted downward. More data needs to be collected. Furthermore, the City may desire to take a conservative stand and not make any changes to the equivalency amount, his would mean that the City would continue to allocate more water than new development uses. 4. Fixture Performance The past two water reports tried to correlate between the level Ci savings anal "ape Of =_:ture; and between :11e nL`mOer Cf complaints and the type of fixture. Results of the correlation showed mixed results :ith no clear answer regard::ig t:ie efficiency of a particular product. PPG E 7 In this report fixture performance is not analyzed for several reasons. First, a great deal of hand tabulation was necessary in Collecting tile data pool for tl,e randomly selected rC.rofi tc sample. This act"'V;ty took an inordinate amount of time which I iRlitc'd ant313'ses el F,(-where in this report. Second, the State c: California already provides an approved product list for Kate:" savil'ig fixtures. The City does use this list in approvin- fixtures for retrofit projects. (tile City could use a niorc restrictive list within that group of products a1loKed b\' ti7e state. This, unfortunately, is an area where this report does not provide information). Third, there are other factors beyond fixture performance that affect .rater use. it is difficult to measure these factors, and their impacts on .rater use in relation to fixture per' ornance. Last I'v, during 1987, it appears that most developers are generally installing higher quality fixtures than in previous years, mainly because such fixtures provide for better warranties. It is possible to return mid -year with a more detailed analysis of fixture Derformance how v e er, there is no guarantee o.- definitive results. A better aDDroach would be for the City to develop a list of fixtures used elsewhere by other communities such as Goleta and Monterey County. Installation of Low Flush Toilets revious reports have attempted to measure the effectiveness of toilets using less than 3.5 gallon./flush. So far, \'err few projects have chosen this alternative proba'Plj' due to the expense 0_` such toilets. Therec <itl ,Iore, 1 e inzcrmfition exiStS t0 evaluate this t\-De of __?aure. pre\'1 011s reports !7a\'e a. SO suggested installin.g the se fixt ure5 by developers in DUb1 is dings• O Cate. till_:1 been done. I1• . OPERATING ING PROCEDURES A. BACKGROUND Sec,ion 13.20.050 c_' tl?e ..ilicipal Code requires Ci- Counci t0 maize an ailnua! eVieY; � -l7e operating Pr Oe``res 'r- O_ C•D _cti...e U dll_ _,�_ administration of t1?e wa-er eGUiyalenCy program. The opera-ing procedures (which deal ri.^a_ii witi7 the p_pel'_ne replacemen Program) and the _relc wed re rofit guidelines establish :he S;eT_•s t0 be fa!' —owed On E. dal2,basis t0 aCnli:?i Ster t11C •.:atE_' :e Oe` atil':g Dr OOe CL' es and retrofit gui^e14'?es were aPP'oved tnc C06stai Com'russ4_0n s- 1 ne-n er• -S1 - --.. CO2 _ta. develoD..l _..t p__mit _-305 and sU-Dsequent amendments. Fed' elements 0= these coastal `Dermltg are t0 mail'lta i.. tGtal wa-,er -Usage D_, tile City 1':it:?in :. spe, i__e_ •�.=.TEn .i�_V.�, .=.ii�- .�:: l�Ln� n i'ORf • PAGE 8 maximum amount and to ensure that the Coastal Act priorities for allocation of Hater are adhered to. Substantive changes to the operating procedures will require approval of the Coastal Commission or its Executive Director. Since their initial adoption, there have been few changes to the operating procedures or retrofit guidelines. For 1987 l?owever, Council did authorize the Planning Commission to make a blanket approval of the water equivalency program in order that staff could then make individual allocations administratively rather than requesting the Planning Commission to approve each one. B. ALLOCATION EXPERIENCE DURING THE 1987 WATER YEAR Several procedures followed in 1987 resulted in misunderstandings with applicants and an uneven work load for the staff. One such problem area arose for some persons on a pre—existing pipeline water waiting list that were unable to access pipeline water due to the limited allocation for the year. These applicants were required to compete for a position on the retrofit list with all other retrofit applicants. Since staff required that a complete application must include the retrofit package, several persons on the pipeline list were not prepared, and did not successfully obtain a retrofit allocation in 1987. This situation caused some ::^ard feelings and has pointed to the need for the Cite to make it clear what the application requirements are well in advance of the annual water award. Confusion for applicants and staff has also resulted from somewhat different procedures for processing applications for pipeline versus retrofit water. This situation has resulted Decause the two methods of water conservation were developed at different times and the procedures for administering them were not ful:y integrated. '.notl?er Droblem area was the unmanageable work load for staff, PaztiCularl\- the Building Inspectors that resulted from 'lie full year's GUOta of residential applications being submitted within the ___^St rew weeks Of Cou'ncil's annual allocaticn. During initial period when lndividuels were racing to get their o i.pliCati02?5 Complete and submitted, staff was spending excessive time at the front counter and the experience was hectic for the public and Staff. Durin.- this Period many of the depar`.men? 's other duties had to be neglected. Later in the Fear, staff was under .rov:ing pressure to co,-M_ late processing ^ The numer OL's residential ,_,ilding plans t1':at had been received in such a short time. --o move these along, it was necessary to Contract with a:? Outside p I an checker. Part Of tl',e reason f0.r th15 uneven workload is because in prior years l--e pipet i:le_ replaceme::: program resulted ir a guarteri\' alloCation 0f water - ian!?i!?g Si q?� „_C-h :ieO tl t ✓ .�i C w� ?e effeC Or spreading work OL'. Over the Course Of the Fear. ±? 1987 rear Ofit Pccou'nted fcr mcsS of the al.ocati Ol'., and no cuarterly System i5 Specified the retrofit guidelines. -' 1+.-.77R .i L...07A_i0- .:\."DIAL .._.:,RT • P.AGr 9 C. RECOMMENDED PROCEDURAL CLARIFICATIONS FOR THE 1988 ALLOCATION The following clarifications and minor modifications are recommended to the existing of orating procedures and retro. it g.lideIines. These are intended to be in addition to tile exist;ng procedures. Where there is a co:ifIict with the existil:g procedures, these revisions shall prevail. 1. Placement on Water Waiting List. a. There shall be one master waiting list which shall list all applicants in the chronological order based on the time of City staff acceptance of an application as complete for filing. b. To be placed on the list, the applicant must submit to the Community Development Department an application and fees for a Coastal Development Permit (CDP), two sets of building plans, a building permit partial prepayment fee of 550.00, and any other necessary approvals such as a Conditional Use Permit or Variance. As part of an application package, an applicant need nut submit Title 24 energy calculations, a retrofit application, or seismic zone soils or engineering studies. For those projects on the master waiting list and \;Here build;= permits can be issued in 1966, Title 24 energy calculations, a retrofit application and seismic zone soils or engineering studies shall be reauirec 120 Gays after an application has been deemed com>_Jlete. =f the materials nave not been subm_'ted \' h4 n the time period spec" ied the apr-2 cation sl:•a!l be D;acec. at the botlOm of the master \•refit i"o ii5l. C. All applicants for placement on tile Hater waiting list %'4 be served by the Community Development Department staff at the pub'' Co-unter on a Zirst Co -me - r5tserve basis. Communi- y Development Department staff I', ei:he_ re\'ieK applications at the counter for comDieteness before a CCentan Ce for _':lino, cr �= IiOt pcssi�Ie will revle\S applications as soon as possible after _.._lial submittal. T.^.E ::ate. and ;-me G= _.._t. al su oT, ticl Kibe recorded by =icff O:1 1,^._c^cJi_iCal iOi. na1i:Ccli Gns recer\od i.. t1c ma_i be ass'_g:]_d t]]E time Of 3:30 J..^... on t.^.E day are received. f multiple apDlicati Ons are received 'n the mail on the same day the_, shall be ranked inchronological ord_r based 11non t^e a:pha Deti Cal Orde_ of _.._ Owner'_ name. icati ons v: i I i be chec ,ec stri...l_v in tl;e order the•: \•:ere se0. Reyi eK \v I CE t e rm i ne \'; mot,.^.Er SL'Dmiltal5 __c _OT-D t anc adeauate =.. terns of CC,itc_.._ `g 0 oATER ALLOCATFO\ - ANNUAL REPORT PALL 10 necessary parts, and in terms of conformity to City codes and standards as listed in the attached Appendix. In order to provide service to others waiting to submit applications or to conduct other business with the public, staff will not engage in correcting or completing applications at the counter. Submittals not in compliance, or containing obvious errors or misrepresentations Hill be returned to the applicant and will not he accepted for filing. No position on the Hater waiting list will have been secured by the applicant. e. If the submittal is accepted for fil'ilig, a numbered receipt for required fees will be issued. The time of filing relative to other applicants will be established by the number on the receipt and this will secure the applicant's position on the water waiting list. 2. Maintenance of Water Waiting List a. The water waiting list will be a two year list. The number of places on the list will be limited to twice the number of units of each type approved by the Council for the current year. For example, when the Council sets the allocation for 1988 staff will multipl3• the allocation by a factor of two (2), thus establishing the maximum number of openings on the two year list. Again, the list will consist of the actual 1988 allocations, and an estimate of the 1989 allocation. No guarantees are made by the Council that applicants who's positions appear on the second year portion of the waiting list will be able to receive an allocation that second year. The determination of the number of awards for each raw year can only be made by Council at the outset of each new year. Any excess names on the list Wili 'be Bu tOmatically carried foreward to the following year.. b. Positions on the water Waiting list shall be fixed at the time Of Original filing Of an application. Positions oil the .is: mey not be exchanged betv:een applicants or altered .11 any other wal Any application that becomes invalid, Or 15 withdrawn will be dropped from the list the applicant must submit a new application in order to again be piaced on the list. The original position cannot be retained. C. For the 1988 allocation, and in order to begin the water waiting list, those applicalts that had submitted a complete application but did not receive an allocation because t1ie 1987 list was cut off and closed, shall be offered an ODDOrtllnity t0 resubmit their aJplicatior.s and be placed on the new list fcr 1988. There were i 1 ap�rox_mately 5 such applications for single family residences. • 0 'AATE'R .ALLOCHT:ON r,E?Ui:T i-'HGE-7 I1 3. Quarterly Water Award System a. in order to ensure compliancc to Coastal Priorities, and to even out the processir:g of permits ti?rough the course of the year, the quarterly awards =_ stcm established in the operating procedures avid related Coastal Commission permits for the pipeline replacement program will be the basis of all Crater awards, whether through the pipeline program or the. retrofit program. b. The quarterly awards will be made administratively four times a year, but mill be reported to the Planning Commission in a written staff report showing the awards made by priol-ity classification. 4. Building Plan Checking a. Plan checking will commence as soon as possible following all. other discretionary and administrative permit approvals by the city and following the quarterly award of water affecting the individual project. No plan checking will be performed prior to the quarterly water award. 1'. RECOMMENDATIONS 1. Under Measure "F", allow 77 residential units to be approved in 1988; 27 to be multi -family and 50 to be single family residences. While the ratio of single Tamil." versus multi -family housing is proposed to be altered slightly from last year, this is necessary to provide enough multi -family units to serve 1/2 r the ?Siii C senior e while Proj ct v,'h_stiff allow -�_- iari:etL']tl—rdmi!U:71t 5. L; <t1. ha rlor?e _� ami- N. ._l residences w'lr si. l zb50rD last years' bacKiog of oppi:cat oa while ailowil:g additional new applications. 5 justifiCat i011 for the cbility pr OD05a- 15 Gased On tthe Ci ty'S 0 allow managed grovrt11 and still remain n'it::ir. the 1 dIn, orth under local ordinances and Coastal Commission approval. 77 units in 1967 would appear to be C Ons i s t en w:t11 Measure - guidelines. Ne=sure "F'• allows an average of 70-units per %ear; however, the izn' zllOws ustments bettreen 63-77 t0 ac'leve the allotted a':erage g"O Kt11 rate. �dj,sting the number up may mean tha= ;n later years tale t Ota_ number p_ u11it5 all ON'ed COLId be reduced be low 70 units. it trill become Important to monitor :thEse num bers ne fl}: intn rO°ieasure een muit1—f ami?y arld 5i11 - recommended ommended i1G'--e C105eiy matches hi ctOri Cal development patterns and di50 al lOt':s all applicants curre tit- .ami _ category to procced tll;smc.t/- WATER ALiOCAT=•- ,_,NN. :AL REPORT PAGE 12 2. provide for a special approach to administer People's Self Help Housing Corporation's project by allocating multi- family units under Pleasure F and the necessary water equivalencies over a two year period rather than the normal sinnle year method. PSHHC project will likely need 15 water equivalencies from the multi -family category. Five of the remaining awards are assumed to go to other multi -family projects. :'his would mean the PSHHC would be short an award of 20 multi -family units. To allow the 40-unit project as part of the usual allocation program would cause the single family/multi-family residential historical mix prescribed under Measure "F" to be exceeded. Measure "F" does exempt non-profit, public facilities from building limitations, however, the language in Pleasure "F" would appear not to exempt this project. Because there are'not enough multi -family units available in one year, this would require PSHHC to construct the project over a two year period. PSHHC's funding sources require that all 40 units be under construction this year. Consequently, it is suggested the project be permitted by allocating one-half of the water in 1988, and committing to allocate the remaining one-half in 1989. The project could not be authorized for occupancy until the 1989 water award is approved. Although the project will commence in 1988, it is not expected to be complete until 1989 thereby making this option an acceptable match. The findings are unique to this publicly -assisted housing project. 3. Withhold the distribution of equivalencies accrued through the pipeline replacement program in 1987. instead, place the entire pipeline savings into reserve. LaFC recommends that no equivalencies should be distributed under pipeline replacement. Attempts to measure saviI�s resulting from this program remain statis:icaliN. inconclusive at this time. There are nonetheless tangible social benefits to the program; pipeline replacement up.trades an antiquated water system and does provide better _ire flow protection. Tl7is is not to suggest that pipeline replacement does not save water. :t would appear that some savings does occur. However, rather than "spending" tl:e savings, a more conservative philosophy would suggest reserving the extra emount in the interest Of proper stewardship of the City's limited groundwater resource. Because the Council is committee to serving the PS-HC project in north Morro Bay, staff recommends that a limited allocation of pipeline replacement water of 15 water equivalencies be provided to this public purpose project. r.l L.. .._-\l'. .�. J� ::..\t .mil 1. tIL JIJ::T • . .GE 1 3 4. Allow applicants to continue with the off —site retrofit program under the Measure "F" guidelines for 19C7. Although retrofit savings have vet ;o n:aet U',e predicted level of savings of c 2 to 1 ratio, the program is saving \•ater. It should be continue•: un;ess ca j,f�S are 5110\C:5 llOt to be tak4ng place. 5. Modify retrofit formulas. Existing ordinances and the City's approved coastal permit require a 200 percent savings. To obtain this level of s-avinss based on existing data, and erring on the side o' conservatism, 22 residences would be required to be retrofitted for each new single fami1v residence proposed using conventional fixtures. The Council should also consider adjusting the permit requirement for a 3:1 ratio when retrofitting commercial developments downward to the 2:1 ratio now applicable to all other development, crater saved no matter what the source would be the dominant mission, and commercial developments' often use as much and more. water than residential consumers. Further, some commercial uses are high coastal priority uses: and it seems undesirable to maize _ more difficult for these hinds of uses to successfully retrofit. APPENDIX "A" TABLE 1 1987 WATER ALLOCATION SUMMARY FOR WATER DISTRIBUTED UNDER THE PIPELINE REPLACEMENT PROGRAM TYPE OF NO. OF PROJECTS EQUIVALENCIES USE AWARDED WATER AWARDED 1. Commercial.Fishing 0 0 2. Coastal Dependent/Related 0 0 3. Public Services 0 0 4. Public Recreation 0 0 5. Commercial Recreation 0 0 6. Low —Cost Accommodations 0 0 (Campgrounds) 7. Other Visitor Serving Accomodations 0 0 (Hotels/Hotels) 8. Other Visitor Serving Uses 0 0 9. Other Commerical/Office Uses 5 3.75 10. Industrial Uses i 2.0 __. Low/^ioderate income Housing 0 0 12. Single Family 13 12.84 _.... �iulti-iami 1 ,- (No Subdivision) 0 O 14. "iulti—Family (infill Subdivision) 0 0 15. ^iulti—Family (Non—in=ill Sub) 0 0 18.59 11 E APPENDIX "A" TABLE 2 MEASURE "F" CONFORMANCE I. RESIDENTIAL DEVELOPMENT WATER EQUIVALENCY UNITS UNITS A. ALLOWABLE - Single Family 54 N/A - Multi-Fami13' 16 N/A 70 B. ACTUAL - Single Family 54 54.0 - Multi -Family 16 9.'8 70 63.78 II. COM':ERCIAL/INDUSTRIAL DEVELOPMENT A. ALLOWABLE (130a) X (W.E. allocated to residences) 1.3 x 63.78 = 82.91 B. AC-1U Ai new commercial expansions -,79 APPENDIX "B'' TABLE 3 Equivalencies Earned 1977 - 67 Linear feet of Total miles Equivalencies Fiscal Year" pipe replaced replaced annually earned" 1977-78 0 0 0 1978-79 2,400 .46 14.55 1979-80 7,250 1.37 43.94 1980-81 12,605 2.39 76.39 1981-82' 13,471 2.55 81.64 1982-83 6,771 1.28 41.04 1983-84 3,625 .69 21.97 1984-85 11,177 2.12 67.74 1985-86 16,805 3.18 101.85 1986-87 14,828 2.81 89.87 1987-88 7,435" " 1.41 45.06 Total To Date 96,367 18.26 584.05 Note: ` from 1973-77 the City installed 3.5 miles of pipe; however, pre-1977 replacement is not credited toward the present allocation program. The recovery model estimates that one equivalency is saved for every 165 linear feet of line replaced, or 32 equivalencies per mile. •'• As of October 12, 1987. APPENDIX "B" TABLE 4 Equivalencies Earned and Awarded to Date A. Total No. ov Equivalencies Earned by Line Replacement 1977 to Present - 584.05 B. Total No. of Equivalencies Awarded 1982 to Present- 435.71 C. Total No. of Equivalencies Awarded, but Unused.and Expired - 95.85 D. Total No. of Equivalencies Currently Available for award 244.15 ^ C C ry P l 1 1 I � 11 G n n 0 P V '- a•1 b P n P p b n N a'I ry n P _ p• _ n a1 V V b b y ^• `� h n n ry ry 1. _ n P a n Lnr n G c• .. n ^ N 0 0 APPENDIX "B'' TABLE 6 Pipeline Replacement Schedule (in miles) Fiscal Year Original Schedule Projected in the Water Recovery Allocation Model ---------------- Annual Cumulative Actual Through 1987 Annual Projected Completion Annual Commulative Pre- 1977-78% 3.5 3.5 3.5 3.5 1977-78 .8 4.3 0 3.5 1978-79 .4 4.7 .46 3.96 1979-80 2.5 7.2 1.37 5.33 1980-81 3.9 11.1 2.39 7.72 1981-82 2.8 13.9 2.55 10.27 1982-83 3.0 16.9 1.28 11.55 1983-84 2.5 19.4 .69 12.24 1934-85 2.0 21.4 2.12 14.36 1985-86 2.5 23.9 3.18 17.54 1986-87 2.5 26.4 2.81 20.35 1987-88 1.6 28 1.411* 21.76 1986-89 - 25 24.56 1989-90 2.8 27.36 i990-91 .64 28.00 Note: Pre 1977-78 replacement is no - t included in calculating equivalencies earned for award under the allocation model. Pipe replaced as of October 12, 1987 ... Public works estimates that between 15,000 to 20,000 linear feet of pipe are Vo be replaced per fiscal year. Figures show a minimum replacement of 15,000 feet per year. APPENDIX "C" TABLE 7 STATUS OF RETROFIT APPLICATIONS 1987 APPLICANT PROJECT DESC. RETROFIT DATE APP'D. RETROFIT PERMIT PROPOSAL BY DIRECTOR COMPLETED_ WAY D. Rodgers SFR 11 Res. 3/12/87 3/24/87 Yes D. Cook SFR 11 Res. 3/12/87 87 3 11 / / Yes Hurlbert/ Roberts SFR 10 Res. 3/12/87 6/12/87 No C. AXelson SFR 12 Res. 3/12/87 5/20/87 Yes M. Nause SFR 10 Res. 3/16/87 6/1/87 Yes S. Friesen SFR 12 Res. 3/16/87 6/11/87 No Hurlbert/ SFR 10.Res. 3/16/87 6/13/67 Yes J. Nance SFR 12 Res. 3/16/87 4/16/87 ]"es JoJ Denaucn SFR 12 Res. 3/30/87 / 5/6/87 Yes R. Leyva SFR 12 Res. 3/30/87 5/6/S7 Yes W. Brown SFR 12 Res. 5/20/E7 7/15/87 Yes W. looter SFR 10 Res. 3/30/87 5/6/87 Yes M. Gorman SFR 12 Res. 3/30/8/ i/:J/E/ Yes Nortnington SFR 11 Res. 3/30/87 6/8/87 Yes P. hyde SFR 12 Res. 3/30/87. 5/7/87 t-e5 G. Holtz SFR 16 Res. 3/30/67 4/14/g7 •`e5 R. ?fierce SFR 10 Res. 3/30/87 7/24/87 _'es C. Reyes SFR 11 Res. 3/30/E7 7/15/87 Yes R. Peterson SFR 11 Res. 5/1E/87 5/27/S7 Yes Scott SFR 5 Res. 5/i8/E7 6/2/g7 Yes (mobile home parlc) RETROFIT STATUS • PAGE 2 APPLICANT M. Nalepa J. Adamski R. Pierce T. Thorensen J. Ramos D. Hankins J. Day J. Day J.E. Lindsey Dan Reddell Dan Reddell Dan Reddell D&K Mitchell D. Van Anglen Dale Reddell Dale Reddell R. Montgomery K. Brocks L. Bennington F. Cummings D. Smith R. MCLaughlin J. Machock PROJECT llESC. SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR 1MF IMF 1MF 9MF RETROFIT DATE APP'D. PROPOSAL BY DIRECTOR 10 Res. 3/30/87 11 Res. 4/30/87 11 Res. 3/30/87 14 Res. 3/30/87 13 Res. 5/20/87 11 Res. 4/8/87 12 Res. 4/8/87 13 Res. 4/8/87 1 Office 1 Restaurant 10 Res. 4/8/87 1 Restaurant 24 Motel Uts. 4/8/87 24 Motel Uts. 4/8/87 11 Res. 4/8/87 12 Res. 4/8/87 11 Res. 4/8/87 11 Res. 4/8/87 11 Res. 5/20/87 10 Res. 4/8/87 11 Res. 5/8/87 10 Res. 4/8/67 5 Res. 8/7/87 1 Res. 5/20/87 18 Motel Uts. 5/19/87 50 Res. 8/5/87 3 Com'l. Suites BLDG. RETROFIT PERMIT COMPLETED ISSUED 5/12/87 Yes 5/18/87 Yes 7/24/87 Yes 7/31/87 Yes 5/7/87 Yes 5/4/87 Yes 5/4/87 Yes 6/9/87 Yes 6/17/87 Yes 8/3/87 i,o 7/27/87 Yes 7/27/87 Yes 5/28/87 Yes 5/28/87 Yes 9/28/87 Yes 5/21/87 Yes 5/29/87 Yes 5/11/87 Yes 5/11/87 Yes 9/3/87 N/A No 8/10/87 x/A 6/31/87 No RETROFIT STATUS PAGE 3 • • PROJECT RETROFIT DATE APP'D. RETROFIT APPLICANT .. DESC. _..._.-._......_-- PROPOSAL -- - ...._.... BY DIRECTOR COMPLETED V. Ginder Service "70- Motel Uts. 8/7/87 Com'1. Proj. E. Miller IMF 1 Res. 9/10/87 R. Forester 3MF 7 Res. 9/15/87 9/2/87 T. Dietrich SFR 11 Res. 3/25/87 11/10/87 Dan Reddell SFR 11 Res. 4/8/87 8/27/67 41 SFR's 500 residences 16 MF's 136 motel units, 6 commercial suites " Retrofitted showerheads G six toilets only. DLDG. PERMIT ISSUED No No Yes Yes Yes E APPENDIX "C" TABLE 8 SUMMARY OF STRUCTURES RETROFITTED 1985 — 1987 TYPE OF STRUCTURE 1985 1986 1987 1. Residences (includes sfr S mf) 61 718 500 2. Church 1 0 0 3. Commercial Buildings 4. Motel Units 15 8 6 164 114 136 TOTAL 1,279 0 29 414 APPENDIX "C" TABLE 9 RETROFIT SAMPLE WITH SIX METER READING PERIODS (ONE YEAR) AFTER THE NEW FIXTURES WERE INSTALLED 44 Meters Uses 37 single family residences 30 apartment units 3 commercial 'buildings 70 total structures APPENDIX "C" TABLE 10 COMPARISON OF PAST RETROFIT WATER USAGE TO THREE YEAR AVERAGE FOR ANALOGOUS TIME PERIOD A. Meters 18 meters 26 B. Structures 23 residential units 47 residential units 3 commercial suites usage increased after retrofit usage decreased after retrofit usage increased after retrofit usage decreased after retrofit usage decreased -after retrofit • APPENDIX "C" • TE.BLE 11 Net Decrease in Water Use, Typical Fixtures A. Observed decrease in water (total for sample) Average water used Actual water Observed A change during analogous use some time difference time past 3 years after retrofit 674767 cu ft. 615500 cu ft. 59267 8.7% B. Observed versus perdicted decline NO. of Samples Predicted Observed Difference Decrease Decrease 44 116615 cu ft. 59267cu ft. 57348cu ft. per sample 2563 cu ft. 1262 cu ft. 1301 cu ft. Thus, while formulas were aiming for 200q of demand the observed savings is only 100% of demand, that is, instead of seeing 2.0 equivalencies for every 1.0 needed, only 1 equivalency is saved for every one needed. APPENDIX "C" TABLE 12 WATER USE OF 50 RANDOMLY SELECTED NON —RETROFITTED SINGLE FAMILY RESIDENCES Water Use hater Use Per SFR (cubic feet Time Period ) (cubic feet) 31 Jul 86 to 30 Sep 85 392,200 8716 31 Jul 87 to 30 Sep 86 415,300 9439 MINIMUM BUILDING YALN RF.QL'IREMl.-N1'S FOR NEW DEVELOPMENT IN 1988 A. Til'L.E BLOCK SHOWING: I. name Gf applicant/property ov,ner '• applicant's/property owier's address ar,d telephone number 3. agent's address and telephone number (if any) 4. property's legal description 5. property's Assessor's number B. S 77 _PLAN _SHOWING: I . property lines and dimensions of lot 2. location of buildings 3. street locations t .�i on and ez_sti vridtl•s 4. easement locations (if any) 5. location of proposed access, driveways, and curb cuts 6. location of parking widths spaces, garages and respective 7. fence locations (if any) C. I=IG T CONTROL (FOR SLOPING LOTS ONLY) SHOWING: 1. contour lines or spot elevations of the subject propertx 2. cross section Of subject property including residence D. CONSTRUCTION PLANS' SHOWING: -. Ioundation -o 2• floor =r-ami nc DJ aroof 4. construciton section 1• connection. detail, 6. material soec__;catiG:-.s -.11 plans shall be -- CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS M E M O R A N D U M TO: HONORABLE: MAYOR DATE: JANUARY 14, 1987 AND CITY COUNCIL FROM: WATER ADVISORY BOARD SUBJECT: RECOMMENDATIONS FOR MANDATORY RETROFIT BACKGROUND: On November 9, 1987, the City Council discussed the issue of requiring structures in the City of Morro Bay to be retrofit with water -saving devices on a mandatory basis. The City Council tabled discussion of this item pending review and recommendation of .the matter by the Water Advisory Board. The Water Advisory Board discussed this item at their meetings on December 9, 1987 and January 13, 1988. The focus of their discussion centered around the City Attorney's staff report to the City Council dated September 28, 1987. In the staff report three options were presented: I. The City could retrofit every structure in town with City Employees at City expense and then sell the water equivalencies saved to individual builders. 2. The City could require on penalty of violation of law every home in the City to be retrofit even without the homeowner's consent. 3. The City Could require a building to be retrofit as a condition of sale of that building. WATER ADVISORY BOARD RECOMMENDATION On January 13, 1988, the Water Advisory Board unanimously adopted a motion to the City Council recommending as follows: 1. Implementation of mandatory retrofit options 1 and 2 as described in the City Attorney's report are not warranted at this time. E WAC MANDATORY RETROFIT RECOMMENDATIONS Page Two 2. The Water Advisory Board recommends the City Council develop and implement an ordinance to require mandatory retrofit of buildings in the City of Morro Bay on the sale of property, issuance of a City building permit for any improvements of a value in excess of $1,000, or on a voluntary basis. The Water Advisory Board provided supplemental recommendations regarding the implementation of a program as follows: 1. The City would sell water equivalency units and reimburse the retrofitter. Retrofit expenses would be repaid to the retrofitter in accordance with the City's presently -established formula. 2. No water or sewer fee credits would be given to developers acquiring water for projects by retrofit. The revenues received by the City for water and sewer connection fees would be used to reimburse the retrofitter per the presently established cost formula. 3. All water equivalencies recovered through retrofit would be placed into the water allocation "pool" to be issued by the City per the City's present water allocation model. GHN/dr RESOLUTION NO. 9-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING NEW WATER AND SEWER AVAILABILITY CHARGES FOR THE VARIOUS CITY WATER ALLOCATION PROGRAMS WHEREAS, the City has established a water equivalency program for the allocation of water to new users in a reasonable and orderly fashion; and WHEREAS, the City has established an availability charge for recovery of a proportionate share of the cost of infrastructure in the water and sewer systems from the new user; and WHEREAS, the City Council finds that adjustments in availability charges is necessary to clarify the pricing system for water allocation; WHEREAS, the City Council finds these fees are necessary for the usual and current expenses of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of fees is adopted effective February 22, 1988 and thereafter. FEES PER WATER EQUIVALENCY PROGRAM Pipeline Replacement Equivalency: Water Availability Charge $2,750.00 Sewer Availability Charge 2,750.00 Total $5,500.00 Retrofit Equivalency: Water Availability Charge $ 700.00 Sewer Availability Charge 687.50 Total $1,387.50 Blended Equivalency: Water Availability Charge $1,725.00 Sewer Availability Charge 1,718.75 Total $3,443.75 0 RESOLUTION NO. 9-88 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the,22nd day of February, 1988 by the following roll call vote: AYES: Donnelly, Odell, Sheetz NOES: None ABSENT: None ABSTAIN: Lemons, Reddell ATTEST: 6 eu �-�Q ARDITH DAVIS, City Clerk z4z�i-� - PAUL DONNELLY, Mayor Pleo Tem RESOLUTION NO. 08-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, DENYING AN APPEAL TO MODIFY THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 41-86 (AMENDED) FOR A VACUUM TYPE FISH OFFLOADING DEVICE WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 19th day of October, 1987, hold a duly noticed PUBLIC HEARING, after which they approved with conditions the request of Orval Leage for a Conditional Use Permit to allow the continued use of a vacuum type fish offloading device for property located at 235 Main Street in the WF/PD zone (Case No. CUP 41-86 (Amended); and WHEREAS, on November 18, 1987, the applicant did appeal the Planning Commission's action requesting modification to certain conditions of approval; and WHEREAS, the City Council of the City of Morro Bay, California, on the 25th day of January, 1988 held a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission's report, and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons to justify the denial of said appeal: 1. The use requested is properly one for the R-1/PD and WF/PD zones, and is consistent with the policies and objectives of the Morro Bay General Plan and Certified Local Coastal Program; 2. The conditions of approval established by the Planning Commission will insure that the use will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this proposed use; 3. The conditions of approval established by the Planning Commission will insure that the use will not be injurious or detrimental to property and improvements in the neighborhood or general welfare of the City. WHEREAS; as a result of circumstances beyond the control of the applicant, CUP 41-86 (Amended) would have expired on January 19, 1988, unless extended by the Council, L7 City Council Resolution No. 08-88 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby deny the appeal of Orval Leage. 3. That the Council does hereby grant a 90 day extension of CUP 41-86 (Amended) to allow adequate time for the appellant to comply with the Conditions of Approval set by the Planning Commission. The extension will expire on April 30, 1988. PASSED, APPROVED, AND ADOPTED, on the 8th day of February, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: TFr- 19VT5,-L`ify r T er CONDITIONS OF APPROVAL Case No. CUP 41-86 STANDARD CONDITIONS 1. This Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the plot plan labeled Exhibits A through E and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibits, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued therafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment of be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Community Development written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement null and void. Continuation of the use without a valid entitlement will constitute a violation of the Morro Bay Municipal Code and is a misdemeanor. I • • CONDITIONS OF APPROVAL CUP 41-86 PAGE TWO SPECIAL CONDITIONS 7. The subject machine shall not be operated on Saturdays, but may be operated on Sundays, but only between the hours of 12:00 p.m. and 4:00 p.m. 8. Use of the machine shall be permitted on Monday through Friday only and shall be limited to the hours of 8:00 a.m. to 6:00 p.m. 9. No trucks used to transport fish unloaded by the subject machine shall be loaded or unloaded, driven onsite or allowed to run their motors between the hours of 8:00 p.m. and 7:00 a.m. 10. Truck traffic for transporting fish unloaded by the subject machine shall be limited to not more than five (5) trips to and from the site per day. 11. Prior to final clearance for the building permit issued to the applicant to install the electrically operated vacuum - type fish unloadding device, a noise investigation shall be performed by staff. In the event the investigation concludes that the new device exceeds prescribed noise levels, its operation shall be immediately abated until noise is properly attenuated. A noise engineer shall be employed to properly muffle the device at the applicant's expense. In the event the electric device is abated, the applicant shall be allowed to operate the diesel pump. Neither machine, either diesel powered or electrically powered shall be in operation at the same time. Once the electric unit has been properly baffled, if necessary, the diesel unit shall be removed. If the electric fish pump cannot be properly muffled, it shall be removed and replaced with the diesel fish pump. The diesel fish pump shall be permanently mounted and noise attenuated with adequate baffling approved by a noise engineer. • RESOLUTION NO. 7-88 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING APPLICATION FOR GRANT FUNDING OF A FISH CLEANING STATION AT TIDELANDS PARR WHEREAS, the City of Morro Bay has need for the development of a new fish cleaning station at Tidelands Park pursuant to the Park Master Plan approved in October, 1986; and WHEREAS, the Tidelands Boundary Agreement requires the relocation of said fish cleaning station from its current site to a site north of Station 42 as designated on the Tidelands Settlement Map; and WHEREAS, a design for the fish cleaning station was approved in 1985 by the Harbor Advisory Board; and WHEREAS, the City of Morro Bay desires to construct a fish cleaning station at Tidelands Park in cooperation with the State of California under the Wildlife Conservation Board's Program; and WHEREAS, the fish cleaning station at Tidelands Park is for the purpose of sport fishing and other recreation in the public interest, and would benefit the people of this area as well as the State generally; NOW, THEREFORE, BE IT RESOLVED that the City Council approves of the fish cleaning station for Tidelands Park and authorizes the application of State Wildlife Conservation Board funding of the proposed project. BE IT FURTHER RESOLVED that the City Council appoints the City Administrator as agent of the City of Morro Bay to conduct all business which may be necessary for the completion of the fish cleaning station. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 8th day of February, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL ATTEST: ARDITH DAVIS CITY CLERK 4 RESOLUTION NO. 6-88 RESOLUTION ACCEPTING THE OFF -SITE IMPROVEMENTS OF TRACT 1028 ON BEHALF OF THE PUBLIC, ACCEPTING AN OFFER OF DEDICATION OF A STORM DRAINAGE EASEMENT WITH IMPROVEMENTS ON BEHALF OF THE PUBLIC, AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A NOTICE OF COMPLETION AND AUTHORIZING THE RELEASE OF SUBDIVISION IMPROVEMENT BONDS IN ACCORDANCE WITH THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on March 25, 1985 the Morro Bay City Council did, by the adoption of Resolution No. 20-85, approve the Final Map of Tract 1028, accept the offers of dedication thereon specified contingent upon construction, inspection and approval of required improvements and approved a Subdivision Improvement Agreement for said Tract; and WHEREAS, the Developer has constructed said required improvements and requested final inspection pursuant to Section 16 of said Agreement; and WHEREAS, the City Engineer has caused said final inspection to occur; and WHEREAS, said final inspection indicates that the constructed improvements substantially conform to the approved improvement plans; and WHEREAS, the construction of required improvements necessitated connection to previously constructed private storm drainage facilities on an adjacent property; and WHEREAS, the owner of said adjacent property has agreed to dedicate said private storm drainage facility for public use and maintenance; and WHEREAS, the Developer has prepared a grant of easement and legal description for said dedication; and WHEREAS, it is in the interest of public health and welfare for said dedication to be accepted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and accept off - site improvements for Tract 1028 on behalf of the public and into the City of Morro Bay's maintenance system. BE IT FURTHER RESOLVED that the Grant of Easement for storm drain purposes made by the Church of Jesus Christ of Latter Day Saints be accepted on behalf of the public. BE IT FURTHER RESOLVED that the City Administrator be authorized to cause recordation of a Notice of Completion for Tract 1028 and appropriate documents for acceptance of said storm drainage easements at the office of the San Luis Obispo County Recorder. BE IT FURTHER RESOLVED that the City Administrator be authorized to release improvement bonds for Tract 1028 pursuant to Section 18, et seq, of the approved Subdivision Improvement Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th Day of February, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz NOES: None ABSENT: None ABSTAIN: Reddell -a�� PAUL DONNELLY, Mayor Pfo Tem ATTEST: � City AR DAVIS,DAM S, City Clerk 1 � V ' Lf / \O f 1T&SCADEPO N040 CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS CERTIFICATION OF COMPLETION The undersigned hereby certifies that the construction of Offsite Public Improvements for Tract 1028 by James Merzon, et al, has been inspec— ted and found to comply with the approved plans and specifi— cations and has been accepted as having been completed in accordance therewith. It is, therefore, requested that the City Clerk file a Notice of Completion. By: �� 1LlG�✓ t . Title: nirartnr of Public Works Date: 1/29/38 .. l 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 construction of Offsite Public Imorovements for Tract 1028 in the City of Morro Bay, has been completed by James Merzon, et al, and that said work was accepted as completed on FabrearyS. ARD1TH DAVIS, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; that the same is true of her own. knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this L- day of rC&1zvA(2Y 19a. ARDITH DAVIS, City Clerk 0 0 I?gl -#- 1-5 RESOLUTION NO. 5-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND RECOMMENDING ADOPTION OF THE PRELIMINARY GENERAL PLAN FOR ATASCADERO STATE BEACH T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, on the 25th day of January, 1988 held a duly noticed PUBLIC HEARING to consider the Preliminary General Plan for Atascadero State Beach; and, WHEREAS, Atascadero State Beach is located within the City of Morro Bay, and the present and future uses of the State Beach are of vital interest to the City; and WHEREAS, the City has a certified Local Coastal Program which sets forth various planning objectives for Atascadero State Beach, and provides for a coastal development permit process regulating future development within the state beach; and WHEREAS, the City has actively participated with the staff of the State Department of Parks and Recreation to assist their understanding of the LCP and the City's concerns about improvements within the park unit; and WHEREAS, the staff of the State Department of Parks and Recreation has been cooperative with the City throughout the planning process, and has been sensitive to City concerns; and WHEREAS, the City of Morro Bay finds the Preliminary General Plan for Morro Strand and Atascadero State Beach to be in compliance with the general provision of the certified LCP Land Use Plan, yet there remain several recommendations made by the Council or City staff that are not presently included in the Preliminary General Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City endorses the Preliminary General Plan and recommends its adoption to the State Parks Commission, subject to the inclusion of the following; (a) The State should participate in proportionate share of future costs of signalization of Highway One at Yerba Buena Street, the principal access to the State Beach; 11 0 City Council Resolution No. 5-88 Page Two (b) Drainage improvements at the State Beach may be needed in order to properly function with the City's system; (c) Additional dressing rooms, or similar screened areas for beach users in the vicinity of the park entrance should be provided. (d) The State should maximize public parking spaces at the seaward end of Hatteras Street. 2. The City Council of the City of Morro Bay commends the State Parks staff for a quality planning program and general responsiveness to the City's concerns. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of January, 1988, by the following vote to wit: AYES: NOES: ABSENT: DALE REDDELL, Mayor ARDITH DAVIS, City Clerk RESOLUTION NO. 4-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND DENYING A REQUEST FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A SECOND POLE SIGN TO REMAIN ON SITE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 38-84 (REQUEST FOR AMENDMENT) WHEREAS, on October 15, 1984, at the request of Jerry Hempenius, applicant herein, the Planning Commission approved CUP 38-84 approving a Conditional Use Permit to confirm the existing use and to allow additions/alterations to the existing motel sub- ject to certain conditions; and WHEREAS, Special Condition Number 18 of said CUP 38-84 re- quired the applicant to remove an existing illegal pole sign on Market Street within five (5) years; and WHEREAS, Applicant, on October 24, 1984, appealed the Plan- ning Commission's decision complaining of several of the condi- tions imposed including Special Condition Number 18; and WHEREAS, on February 25, 1985, the City Council denied the applicant's appeal thus leaving his CUP 38-84 subject to all of the special conditions; and WHEREAS, on September 23, 1987, Jerry Hempenius, the same applicant herein applied to the Planning Commission for an Amend- ment to CUP 38-84 requesting that portion of Special Condition Number 18, which required him to remove the illegal pole sign within five (5) years be deleted; and WHEREAS, the Planning Commission of the City of Morro Bay, California, after a duly notice public hearing on the 7th day of December, 1987, did deny the request of Jerry Hempenius to amend a Conditional Use Permit to allow a second pole sign to remain on property located at 1080 Market Avenue in the VS-C/R-3/PD zone, more particularly described as: APN 66-0398-09 Lots 10, 11 and 12, Block 47 Town of Morro Bay Tract City of Morro Bay and WHEREAS, on December 17, 1987, Applicant did appeal the Planning Commission's action to the City Council; and Resolution No. 4-88• Page 2 • WHEREAS, the City Council of the City of Morro Bay did on January 11, 1988, hold a duly noticed public hearing on said appeal; and WHEREAS, at said Public Hearing, after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both oral and written, of all persons wishing to tes- tify at the hearing, the City Council did make the following findings and took the following actions: 1. That the existing pole sign at Market Street, the sub- ject in Special Condition Number 18, of which the ap- plicant has complained, is one of the signs made non- conforming by the Municipal Code in 1972 and required to be abated within eleven (11) years of October 1, 1972 or on or before October 1, 1983; and 2. That said pole sign should be abated in accordance with 17.68.155 in the same manner as other signs made non- conforming by the Municipal Code in 1972 and required to be abated on or before October 1, 1983; and 3. That because Municipal Code Section 17.68.155 has al- ready established a time and manner by which said pole sign must be abated, that portion of Special Condition Number 18 granting the applicant an additional five (5) years to remove the pole sign on Market Street is inap- propriate and is hereby stricken and deleted. CUP 38- 84 is hereby amended to reflect said deletion; and 4. That the remaining conditions both standard and special ( and not the subject of the request for an amendment) remain in full force and effect pursuant to the find- ings made and basis therefore set forth at the time said CUP 38-84 was granted; and 5. The amendment made herein, will not, under the circum- stances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare fo the persons residing or working in the neighborhood of this use; and 6. The Amendment made will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and Resolution No. 4-88• Page 3 2. That the Council does hereby deny the Applicant's re- quest in Case No. CUP 38-84 to amend the Conditional Use Permit to allow the pole sign on Market Street to remain on site; and 3. That the Council does hereby amend CUP 38-84 to delete that portion of Special Condition Number 18 granting the applicant an additional five (5) years to remove the pole sign on Market Street and directing that said pole sign be abated in the same manner as other signs made nonconforming by the Municipal Code in 1972 and required to be abated on or before October 1, 1983. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 8th day of February, 1987 on the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz NOES: None ABSENT: None ABSTAIN: Reddell PAUL DONNELLY, Mayor'Pro Tem ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 3-88 A RESOLUTION OF THE CITY OF MORRO BAY 7PPORTING THE VISIT OF THE GOLDEN HINDE AND WAIVER OF DOCKAGE FEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay has a long and distinguished maritime tradition and therefore takes pride in hosting The Golden Hinde, a replica of the vessel sailed by Sir Francis Drake in 1579; and WHEREAS, The Golden Hinde will visit Morro Bay in spring of 1988; and WHEREAS, the 102-foot exact replica vessel provides a unique opportunity for the communities of the Central Coast to view the operations of a sixteenth century sailing vessel; and WHEREAS, the City of Morro Bay is proud to have an opportunity for its residents as well as citizens from surrounding areas to view this historic vessel when it visits Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby welcome The Golden Hinde to Morro Bay and hereby waives all dockage charges in further support of this event and encourages all citizens to visit this historical vessel when it visits Morro Bay in spring 1988. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 25th day of January, 1988 by the following roll call vote: - AYES: Donnelly, Lemons, Sheetz, Reddell NOES: None ABSENT: Odell ATTEST: RESOLUTION NO. 2-88 RESOLUTION ENDORSING THE "GOVERNMENT SPENDING LIMITATION AND ACCOUNTABILITY ACT" INITIATIVE ON THE JUNE 1988 BALLOT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Californians for Quality Government is sponsoring for the June 1988 ballot an initiative that would modify the cur- rent Government Spending Limitation that would more accurately reflect California's economic growth and spiraling service popu- lations; and WHEREAS, the current Government Spending Limitation has threatened to halt all real increases and force reductions in ed- ucation, law enforcement, health care, senior programs and other vital services; and WHEREAS, the Commission on State Finance reports that the current limit could force over $23 billion in cuts in critical public services over the next decade; and WHEREAS, the current Government Spending Limitation is in- flexible and inhibits the state's ability to use already -col- lected tax dollars to at least maintain the current level of funding for critical services; and WHEREAS, this proposed initiative would modernize both the cost of living and population formulas to more accurately re- flect California's economic growth and changing needs and rede- fine gas taxes as user fees so to provide much needed transporta- tion dollars without adversely affecting other crucial public services; and WHEREAS, this initiative would ensure accountability to tax- payers by requiring the existing Commission on State Finance to report annually the manner in which state revenues are spent and the amount of state appropriations subject to limitation; and WHEREAS, the California League of Cities, the California Teachers Association, California Business Properties Association, California Federation of Teachers, California School Boards Asso- ciation, California State PTA, California Community College Trustees, California Tax Reform Association, California Associa- tion of Homes for the Aging, California Association of Highway Patrolmen, California Fire Chiefs Association, Peace Officers Re- search Association of California, California State Employees As- sociation, American Association of University Women - CA Divi- sion, California State Council of Service Employees, California Nurses Association, Professional Engineers in California Govern- ment, and many others are in full support. 1 0 • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does fully support and endorse the "Government Spending Limitation and Accountability Act" for the June 1988 ballot, and encourages its citizens to support the June 1988 Ini- tiative for Quality Government. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 11th day of January, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDD L, Mayor ATTEST: ARDITH DAVIS, City Clerk It RESOLUTION NO. 01-88 A RESOLUTION OF THE CITY OF MORRO BAY DECLARING MORRO BAY AN OFFICIAL PORT -OF -CALL FOR THE REVENUE CUTTER CALIFORNIAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay has a long and distinguished maritime tradition and therefore takes pride in hosting the State tallship CALIFORNIAN in 1988 and future years; and WHEREAS, the CALIFORNIAN, a full scale replica of the 1848 Revenue Cutter C. W. Lawrence will visit Morro Bay in fall of 1988; and WHEREAS, the 93-foot cutter provides a unique training opportunity for youth of the State of California, recalling the tallship heritage of previous generations of Californians; and WHEREAS, the City of Morro Bay is proud to have an opportu- nity for its residents as well as citizens from surrounding areas to view this historic vessel when it visits Morro Bay. NOW, TBEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby declare Morro Bay to be an OFFICIAL PORT -OF -CALL for the CALIFORNIAN and encourages all citizens to visit this historical cutter when it visits Morro Bay in fall, 1988. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this llth day of January, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None i ABSENT: None i DALE REDDELL MAYOR ATTEST: R1Z �', s7%