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HomeMy WebLinkAboutResolution 70-88 to 146-88RESOLUTIONS - 1989 y NUMBER TI 145-88 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS & ADOPTION OF MINOR"MODIFICATIONS TO LANGUAGE OF LUP IN -PLANNING AREA 2 OF THE MB LCP, AMENDMENT NO. 03-88 TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/ZOA 02-88) 146-88 RESOLUTION RESCINDING RESOLUTIONS NO. 143-88 AND 144-88; CASE NO. LUP/ZOA 02-88 (CLOISTERS) ADOPTED 12-30-88 12-30-88 6 RESOLUTIONS - 1988 0 NUMBER TITLE ADOPTED 129-88 RESOLUTION AWARDING LEASE TO HAROLD J. & RITA B. ANDERSON FOR LS 91-92/91W-92W 11-14-88 131-88 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & UPHOLDING PLANNING COMMISSION'S APPROVAL OF CUP & CDP TO ALLOW SECURITY RESIDENCE & STORAGE FACILITY FOR ROOFING MATERIALS & EQUIMENT - MONTGOMERY; ALLESANDRO 11-14-88 132-88 RESOLUTION ANNOUNCING FINDINS & UPHOLDING APPEAL & APPROVING CUP (CONCEPT PLAN) TO ALLOW AN ADDITION TO AN EXISTING LEGAL NONCONFORMING USE; DAVID ROSS; LS 134-137 11-14-88 133-88 RESOLUTION APPROVING THE CITY OF MORRO BAY TRANSIT DEVELOP- MENT PLAN, FY 1988/89 - FY 1992/93 11-28-88 134-88 RESOLUTION REJECTING THE OFFERS OF DEDICATION OF PUBLIC UTILITY EASEMENTS MADE ON PARCEL MAPS MBAL 88-070 AND 072 11-28-88 135-88 RESOLUTION APPLYING FOR PERMIT TO STATE DEPARTMENT OF HEALTH FOR USING JODY GIANNINI WELL FOR EMERGENCY 11-28-88 136-88 RESOLUTION ORDERING A MEASURE TO ADOPT A SPECIAL TAX FOR EMERGENCY MEDICAL SERVICES PLACED ON THE BALLOT OF THE NEXT ELECTION CALLED BY THE CITY 11-28-88 137-88 RESOLUTION ESTABLISHING PARKING IN -LIEU FEE 11-28-88 138-88 RESOLUTION ANNOUNCING FINDINGS & GRANTING AN APPEAL OF PLANNING COMMISSION DENIAL OF CUP 23-88 & CDP 69-88R TO ALLOW A 2-STORY COMMERCIAL BLDG ON EMBARCADERO 11-28-88 139-88 RESOLUTION APPROVING A SPECIAL EVENT USE OF THE HARBOR FOR LIGHTED BOAT PARADE 11-28-88 140-88 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE 8TH DAY OF NOVEMBER, 1988, DECLARING THE RESULTS, & SUCH OTHER MATTERS 12-08-88 141-88 RESOLUTION APPROVING MONTH -TO -MONTH CONTINUATION OF EXTENSION OF DIAL -A -RIDE TRANSIT OPERATIONS AGMT. W/ LAIDLAW TRANSIT, INC. 12-12-88 142-88 RESOLUTION RATIFYING FACILITY USE RULES FOR COMMUNITY CENTER & REVISING USE RULES FOR OTHER CITY FACILITIES 12-12-88 143-88 RESOLUTION ACCEPTING & AUTHORIZING COASTAL COMMISSION STAFF RECOMMENDATIONS FOR MINOR MODIFICATIONS TO LANGUAGE OF LUP AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88 12-12-88 144-88 RESOLUTION ACCEPTING CERTIFICATION BY CALIFORNIA COASTAL COMMISSION OF LUP AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88 12-12-88 111-88 112-88 113-88 114-88 115-88 116-88 117-88 118-88 119-88 120-88 121-88 122-88 123-88 124-88 125-88 126-88 127-88 128-88 + RESOLUTION - 1988 R TITLE ADOPTED RESOLUTION OF INTENTION TO APPROVE AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMINISTRATION OF PERS & CITY COUNCIL 10-10-88 RESOLUTION AUTHORIZING TEMPORARY EMERGENCY CITY WATER SERVICE AT 1970 QUINTANA ROAD (KIRCHNER) 10-10-88 RESOLUTION APPROVING RIGHT-OF-WAY CERTIFICATION FOR FAU PROJECT ON MAIN ST. BETWEEN SURF ST. & WILLOW CAMP CRK 10-24-88* RESOLUTION APPROVING WAIVER OF RIGHTS TO FIXTURES & IMPROVEMENTS DURING TERM OF LEASE - ROSE'S LANDING, INC. LS 82-85/82W-85W 10-10-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING APPEAL FOR VARIANCE FROM HEIGHT LIMIT FOR SINGLE FAMILY RESIDENCE SOSNA, 2641 MAPLE AVE. 10-10-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING A PARKING MANAGEMENT PLAN' 10-10-88 VOID RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE DOCUMENTS OF REAL PROPERTY EXCHANGE 11-14-88* RESOLUTION APPROVING SECOND ADDENDUM TO LEASE ON LS 102/102W & 105.1W/105.2 (DEGARIMORE) 10-24-88 RESOLUTION PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN MORRO BAY CITY PARK`10-24-88 RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION 6-87 - MIMOSA ST. ASSESSMENT DISTRICT 10-24-88 RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESS- MENT & ORDERING ACQUISITION & CONSTRUCTION OF IMPROVEMENTS MIMOSA STREET ASSESSMENT DISTRICT 10-24-88 RESOLUTION AWARDING CONTRACT - MIMOSA ST. ASSESSMENT DIST. 10-24-88 RESOLUTION DESIGNATING COLLECTION OFFICER - MIMOSA ST. ASSESSMENT DISTRICT RESOLUTION ADOPTING CENTENNIAL PARKWAY MASTER PLAN RESOLUTION ADOPTING DEL MAR PARK MASTER PLAN RESOLUTION ADOPTING AMENDMENT TO MB LCP LUP TEXT & MAP WITHIN PLANNING AREA 2 - CLOISTERS RESOLUTION APPROVING CONSENT TO SUBLEASE PORTIONS OF LS 105.1W TO ABALONE UNLIMITED RESEARCH, INC. 10-24-88 11-14-88* 11-14-88* 10-24-88 10-24-88 RESOLUTIONS 97-88 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING APPEAL & APPROVING CUP WITH MODIFIED CONDITIONS TO ALLOW CONTINUED OPERATION OF VACUUM -TYPE FISH UNLOADING DEVICE - ORVAL LEAGE 09-12-88 98-88 RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT MIMOSA STREET ASSESSMENT DISTRICT 09-12-88 99-88 RESOLUTION APPOINTING TIME & PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITION & CONSTRUCTION OF IMPROVEMENTS, & DIRECTING NOTICE - MIMOSA STREET ASSESS- MENT DISTRICT 09-12-88 100-00 RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - MIMOSA STREET ASSESSMENT DISTRICT 09-12-88 101-88 RESOLUTION CALLING FOR SEALED PROPOSALS - MIMOSA STREET ASSESSMENT DISTRICT 09-12-88 102-88 RESOLUTION AWARDING CONTRACTS FOR PROJECT NO. PW88-244 FOR REPLACEMENT DIAL -A -RIDE COMMUNICATION SYSTEM 09-12-88 103-88 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR UMTA SECTION 18 GRANT FUNDS 09-12-88 104-88 RESOLUTION ANNOUNCING INTENTION TO ADOPT IN -LIEU PARKING FEE ORDINANCE AS AN AMENDMENT TO SECTION 17.44 OF MBMC & REFERRING THE DRAFT ORDINANCE TO THE PLANNING COMMISSION FOR REVIEW & RESPONSE 09-12-88 105-88 VOID 106-88 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR CALIFORNIANS AGAINST WASTE MODEL COMMUNITY WASTE REDUCTION/ RECYCLING PLANNING PROGRAM 09-26-88 107-88 RESOLUTION INSTITUTING MANDATORY WATER CONSERVATION DURING PRESENT LOW-WATER SITUATION 09-21-88* 108-88 RESOLUTION ACCEPTING OFFER OF DEDICATION OF RIGHT-OF-WAY ALONG FRONTAGES OF 360, 380, & 390 ISLAND ST. AS DEPICTED ON PARCEL MAP MBAL 87-333 09-26-88 109-88 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LS62/62W, (HITTLE'S LANDING) FROM ROBERT E. & MARILYN HITTLE TO BRUCE W. & KATHY A. LEWIS 09-26-88 110-88 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR AN EASEMENT ACROSS A PORTION OF PARCEL MAP MBAL 87-333 FOR THE PUR- POSE OF AN OPEN SPACE & CONSERVATION EASEMENT AS DELINEATED ON THE MAP THEREOF 09-26-88 * adopted.--out-of-order at special meeting RESOLUTIONS - 81-88 RESOLUTION AWARDING A FIRE YEAR LEASE TO MB YACHT CLUB FOR MOORING ZONE. Al-3 08-08-88 82-88 VOID 83-88 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH SLO AREA COORDINATING COUNCIL 08-08-88 84-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING FINAL CIRCULATION ELEMENT OF THE GENERAL PLAN 08-10-88 84-88A RESOLUTION RECOMMENDING A BAIL SCHEDULE FOR VIOLATIONS OF CITY FIRE ORDINANCE & UNIFORM FIRE CODE 08-22-88 85-88 RESOLUTION AMENDING & SETTING THE FINAL CITY BUDGET FOR FY 88-89 08-22-88 86-88 RESOLUTION AUTHORIZING CITY ATTORNEY TO DESIGNATE & EMPLOY ASSIST. CITY ATTORNEY 08-22-88 87-88 RESOLUTION ODERING ANNEXATION OF TERRITORY TO CITY - GIST 08-22-88 88-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING PARKING MANAGEMENT PLAN - VOID RE: PROCEDURAL DEFECT 08-22-88 SEE RESOLUTION NO. 116-88 89-88 RESOLUTION TO SUMMARILY ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY - LOGAN AVENUE 09-12-88 90-88 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF PUBLIC RIGHT-OF-WAY ON ZANZIBAR STREET 09-12-88 91-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITES 93-95 TO BRUCE A. STAMP 09-12-88 92-88 RESOLUTION RESCINDING RESOLUTION NO. 74-88 & STATING THE CITY'S COMMITMENT TO ALLOCATE FAU FUNDS FOR THE MAIN STREET/QUINTANA ROAD SIGNALIZATION PROJECT 09-12-88 93-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITES 93-95 TO SOPHIE E. HILL - GEORGE LEASE SITE 09-12-88 94-88 RESOLUTION AWARDING 20 YEAR LEASE FOR LS 150 TO DAN H. WIXOM, DBA WIXOM CONCRETE, INC. 09-12-88 95-88 RESOLUTION ANNOUNCING FINDINGS DENYING THE APPEAL & APPROVING SIGN EXCEPTION PERMIT - MORRO GARDENS MOTEL 09-12-88 96-88 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & APPROVING CDP & TENTATIVE PARCEL MAP FOR A 40-UNIT LOW- INCOME HOUSING PROJECT 09-12-88 • RESOLUTIONS - 1988 NUMBER TITLE 6�_aa RESOLUITON APPROVING MONTH -TO -MONTH CONTINUATION OF EXTEN- SION OF DIAL -A -RIDE TRANSIT OPEATIONS AGMT WITH LAIDLAW TRANIST, INC. 06-27-88 64-88 RESO ON ADOPTING A BUDGET & MAKING APPROPRIATIONS FOR FY 88-89 06-27-88 65-88 RESOLUTION RELATING THE CLASSFICIATION, COMPENSATION, & TERMS OF EMPLOYMENT OF UTIVE EMPLOYEES 06-27-88 66-88 RESOLUTION ORDERING PLACED ON T BALLOT OF THE NEXT CITY ELECTION INITIATIVE MEASURES TO PR BIT A GAZEBO IN MB "CITY" PARK, AND TO REZONE "PINEY WAY LAGE" PROPERTY 06-27-88 67-88 RESOLUTION RELATING TO THE CLASSFICATION, CO NSATION & TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES 06-27-88 68-88 RESOLUTION ANNOUNCING FINDINGS & GRANTING AN APPEAL T PLAN.COMM. DENIAL OF CUP 39-86 (CONCEPT PLAN) & APPROVIN CUP FOR REMOVAL OF SEVERAL EXISTING VISITOR SERVING USES LOCATED ON CITY LEASE SITES & REPLACEMENT WITH INTEGRATED COMMERCIAL VISI Marina; 69-88 VOID 70-88 RESOLUTION RE: MOU - POLICE 07-11-88 71-88 RESOLUTION OF INTENTION TO VACATE PUBLIC'S RIGHT TO USE A PORTION OF NAPA AVENUE FOR STREET PURPOSES 07-11-88 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 FAU FUNDS FOR TWIN BRIDGES REPLACEMENT PROJECT 07-25-88 75-88 RESOLUTION CONFIRMING REPORT RE: WEED ABATMENT PROCEDURES & MAKING ASSESSMEMENTS 07-25-88 76-88 RESOLUTION PETITIONING THE GOVERNOR OF THE STATE OF CALIFORNIA TO NOMINATE MORRO BAY FOR THE,NATIONAL ESTUARY PROGRAM 07-25-88 77-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING A SIGN EXCEPTION PERMIT - MITCHELL, 500 EMBARCADERO 07-25-88 78-88 RESOLUTION ADOPTING 1988-91 AGREEMENT FOR ANIMAL CON- TROL SERVICES WITH COUNTY OF SLO 07-25-88 79-88 RErSOLUTION VACATING PUBLIC'S RIGHT TO USE A PORTION OF NAPA AVENUE FOR STREET PURPOSES 08-08-88 80-88 RESOLUTION RE: MOU - AMENDING FOR CITY HOLIDAY 08-08-88 RESOLUTION NO. 146-88 RESOLUTION RESCINDING RESOLUTIONS NO. 143-88 AND 144-88; CASE NO. LUP/ZOA 02-88 (CLOISTERS) 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, at their regular meeting of December 12, 1988, did adopt Resolution No. 143-88 entitled, "A Resolution Accepting and Authorizing Coastal Commission Staff Recommendations for Minor Modifications to Lan- guage of Land Use Plan Amendments #03-88 (Case No. LUP/ZOA 02- 88)", and Resolution No. 144-88 entitled "A Resolution Accepting Certification by the California Coastal Commission of Land Use Plan Amendments #03-88 (Case No. LUP/ZOA 02-88)"; and WHEREAS, the California Coastal Commission, at their meeting in San Francisco on December 14, 1988 failed to act upon said Resolutions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Resolutions No. 143-88 and 144-88 are hereby rescinded in their entirety, and Resolution No. 145-88 substituted therefor. PASSED AND ADOPTED by the Morro Bay City Council at a special meeting thereof held on the 30th day of December 1988 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHtETZ, Mayo ATTEST: �i ARDITH DAVIS, City Clerk • RESOLUTION NO. 145-88 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN IN PLANNING AREA 2 OF THE MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 03-88 TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/ZOA 02-88) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on October 24, 1988, the City Council of the City of Morro Bay did adopt Resolution No. 127-88 which Resolution adopted certain amendments to the Morro Bay local Coastal Program Land Use Plan Text and Map within Planning Area 2; and WHEREAS, on November 28, 1988 the City Council of the City of Morro Bay did adopt Ordinance No. 338 which Ordinance did amend the Local Coastal Program Implementation Program (Zoning Ordinance) Text and Map within Planning Area 2; and WHEREAS, such amendments were submitted to the California Coastal Commission for certification as part of the City's Local Coastal Pro- gram, such amendments to become effective immediately and automati- cally upon certification by said Coastal Commission; and WHEREAS, said amendments were considered by the California Coastal Commission at its regular meeting held December 14, 1988 in San Francisco, and were certified with the condition that said amend- ments include certain minor modifications to the language as recom- mended and set forth in the report to the Coastal Commission prepared by Coastal Commission staff; and WHEREAS, said modifications are minor in nature, do not change the use of the land, do not change the intent nor purpose of the City Council with which the amendments were made to the Land Use Plan, and consist of matters considered and discussed at the various public hearings held to consider amendments to the Local Coastal Program; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed public hearing on December 30, 1988 to consider said minor modifications to the amendments, although no public hearing is required by law as said modifications are minor in nature; and WHEREAS, the City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contem- plated modifications to the Local Coastal Program and the supporting information are exempt from CEQA as the functional equivalent of an EIR and that for purposes of CEQA the Coastal Commission is the lead agency, and no further documentation is necessary by the City; and 0 6 Resolution No. 145-88 Page 2 WHEREAS, the contemplated modifications to the amendments are in- ternally consistent with other portions of the Local Coastal Program and are consistent with all elements of the City's adopted General Plan; and WHEREAS, at said public hearing, the City Council did consider the Coastal Commission staff report and actions of the Coastal Commis- sion on the matter, the verbal report of the City Attorney, and the testimony, both oral and written, of all persons wishing to testify at the hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds that the above recitations are true and correct and constitute the findings of the City Council in the matter; and 2. The City Council hereby accepts the conditions of cer- tification by the California Coastal Commission and amends to conform thereto its previously adopted Resolution No. 127-88 which Resolution adopted amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within Planning Area 2; said conditions are set forth in Exhibit A attached hereto and made a part hereof by refer- ence; and 3. The City Council hereby acknowledges the California Coastal Commission resolution of certification including the terms and modifi- cations which were required for final certification; accepts and agrees to such terms and modifications and by this Resolution takes the formal action required to satisfy the terms and modifications and agrees to issue Coastal Development Permits for the total area in- cluded in the certified Land Use Plan pursuant to Public Resources Code 30600.5 in accordance therewith. PASSED AND ADOPTED by the Morro Bay City Council at a special meeting thereof held on the 30th day of December 1988 on the fol- lowing vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell ATTEST: ARDITDAVIS, City Clerk EXHIBIT A A. SUGGESTED MODIFICATIONS • 1. Revise Policy 1.13(a) as follows: a. Two vertical accessways to the beach shall be provided, one each on the north and south portions of the parcel. 7M6/YE91M0KJi ' M[[EYYtd��/YMMXX/tld/dd:lEXAdEd/OdX�/X►(/YME/M:IMdY/YMd/SddYMMtX� ddtYX6M/Xf/dMddXdde'vI/fdt/t'ES9dEMYX�X/ddYddYEY! The accessways shall be of sufficient size... 2. Revise Policy 11.22 as follows: 11.22. The precise location and thus boundary line of Environmentally Sensitive Habitat areas shall be determined based upon a field study paid for by the applicants and performed by the City or City's consultants and approved by City Council and/or their appointed 3. Add a new policy to the Environmentally Sensitive Habitat policies as follows: - 4. Revise Policy 11.21 as follows: .Dedication of beach and duke area to the state is encouraged for proper management. Prior tof716fG:lMX/df/aIM�/dM:IMXddd�EMY/dXMMs commencement of any development the applicant shall ensure restoration, enhancement and protection of th dune and marsh habitat areas. The restoration -enhancement -protection program shall be submitted for review and comment by U.S. Fish and Wildlife Service, MMd the California Department of Fish and Game, and the California Coastal Commission, and suggested modifications shall be incorporated into the program after review by these agencies. 5. Revise Policy 0.6(2)(e) as�follows: Subdivision shall be phased to ensure the orderly provision of public services in compliance with City regulations and Coastal Act priorities. The northerly portion of the property shall be subdivided first, and not less than 750A of the residential lots created shall have homes completed upon them prior to City approval of any final residential subdivision map on the southerly portion of the property. However, the southern portion of the site may be vision or development of the northern area. lots have been sold to individuals in an undeveloped state. RESOLUTION NO. 144-88 A RESOLUTION ACCEPTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION OF LAND USE PLAN AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88) THE CITY COUNCIL City of Morro Bay, California WHEREAS, by Resolution number 143-88 the City Council made certain findings of fact concerning the City's Land Use Plan Amendments #03-88 (Case No. LUP/ZOA 02-88) which findings are incorporated herein by reference; and WHEREAS, said amendments will be considered by the California Coastal Commission at its regular meeting set for December 14, 1988 in San Francisco; and WHEREAS, by resolution number 143-88 the City Council has accepted modifications recommended by Coastal Commission Staff and authorized the amendment of the City's submittal to conform thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds that the above recitations are true and correct and constitute the findings of the City Council in the matter; and 2. In the event the Coastal Commission does, at the Coastal Commission hearing held on the matter, certify, as submitted, the City's proposed Land Use Plan amendments as amended by the City Attorney, the City Council does hereby accept and agree to such certification by the California Coastal Commission and agrees to such terms and modifications and agrees to take whatever formal action, if any, is required to implement said modifications. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of December, 1988 by the following roll call vote; AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell ROSE MARIE NEETZ, MAYOR ARDITH DAVIS, CITY CLERK JS:ljh disk b a:lupres3 RESOLUTION NO. 143-88 A RESOLUTION ACCEPTING AND AUTHORIZING COASTAL COMMISSION STAFF RECOMMENDATIONS FOR MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88) THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 24, 1988 the City Council of the City of Morro Bay did adopt Resolution No. 127-88 which Resolution adopted certain amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within Planning Area 2; and WHEREAS, on November 28, 1988 the City Council of the City of Morro Bay did adopt Ordinance No. 338 which Ordinance did amend the Local Coastal Program Implementation Program (Zoning Ordinance) Text and Map within Planning Area 2; and WHEREAS, such amendments were submitted to the California Coastal Commission for certification as part of the City's Local Coastal Program, such amendments to become effective immediately and automatically upon certification by said Coastal Commission; and WHEREAS, said amendments will be considered by the California Coastal Commission at its regular meeting set for December 14, 1988 in San Francisco; and WHEREAS, Staff to said Coastal Commission has recommended certain minor modifications to the language of the City's submitted amendments to the Land Use Plan of the Local Coastal Program, which modifications are minor in nature and do not change the use of the land; and WHEREAS, said minor modifications do not change the intent nor purpose of the City Council with which the amendments were made to the Land Use Plan and consist of matters considered and discussed at the various public hearings held to consider amendments to the Local Coastal Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds that the above recitations are true and correct and constitute the findings of the City Council in the matter; and 2. The City Council hereby accepts the modifications recommended by California Coastal Commission Staff to the previously adopted Resolution No. 127-88 which Resolution adopted amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within Planning Area 2; said modifications and set forth in Exhibit A attached hereto and made a part hereof by reference; and 3. The City Council of the City of Morro Bay hereby authorizes and directs the City Attorney to appear at the meeting of the California Commission wherein this matter is considered by said Commission and present this Resolution to the Commission and amend the City's submittal to conform to the recommendations of the Coastal Commission Staff or the Commissioners together with any minor amendments or changes thereto, in her discretion, which conform to the intent and purpose of the City Council, 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 12th day of December, 1988 by the following roll call vote; AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell A�� ARDITH DAVIS, CITY CLERK JS:ljh disk b a:lupres RESOLUTION NO. 142-88 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RATIFYING FACILITY USE RULES FOR THE COMMUNITY CENTER AND REVISING USE RULES FOR OTHER CITY FACILITIES WHEREAS, the Morro Bay Municipal Code 2.24.110 enables the Recreation and Parks Commission to regulate use of recreation areas and facilities; and WHEREAS, the Commission has reviewed all proposed new facility use rules at three (3) public hearings and one (1) regular meeting; and WHEREAS, the Senior Citizens, Inc. Board of Directors has reviewed the facility use rules proposed for the Community Center and approves of them; and WHEREAS, it is beneficial and necessary to protect the publics' equipment and property; and WHEREAS, it is the intent of the City that these use rules shall provide the highest level of control and protection for City facilities yet not deter use of public property; and WHEREAS, after careful study of existing facility use rules and the proposed revision attached and marked "Exhibit A" the Commission has adopted the rules found in "Exhibit A" meet the criteria aforementioned. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby ratify the facility use rules attached and marked "Exhibit A" for implementation January 1, 1989 or when the Community Center opens, whichever comes first. BE IT FURTHER RESOLVED that existing facility use rules be modified as found attached in "Exhibit A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12th day of December, 1988 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None r ROS MARIE SHEET YOR ATTEST: ARDITM DAVIS CITY E. Recreation & Parks CITY OF MORRO BAY HtrtHtN(-;t 0750 SECTION FACILITIES/EQUIP. 0700 CITY OWNED OPEN SPACE/ FACILITY USE POLICY 6/21/83 CITY OWNED OPEN SPACE USE/FACILITY USE POLICY Use of Parks/Facilities: 0750 All City parks and facilities are intended for the recreational use of residents of the City of Morro Bay. When not in use for City business or recreation programs, the parks and facilities may be used by local groups and individuals for social, cultural and recreational activities. A. Use of open space shall not be granted when for any reason as determined by the Recreation and Parks Department, such use may not be in the best interest of the Department or the City of Morro Bay. B. The City of Morro Bay is NOT responsible for accidents, injury or loss of individual property in any of its facilities or parks. C. The individual or organization granted use of the open space shall be held responsible for reimbursing the City for any loss or damage to City property caused by use. D. No use of facilities or open space shall be granted in such a manner as to constitute a monopoly for the benefit of any person or group. E. Permission for use of open space will be granted upon the condition that all rules governing use of open space will be followed. PERMISSION MAY BE REVOKED AT ANYTIME FOR FAILURE TO DO SO. These rules are subject to change by the Recreation and Parks Commission of the City of Morro Bay. Rules for Open Space Use 0751 A. City owned space is open for use on a drop -in and/or scheduled basis. B. Individuals or groups desiring use of open space must complete an application for use and file it with the Recreation and Parks Department no more than four (4) months Recreation & Parks CITY OF MORRO BAY REFERENCE 0750 SECTION FACILITIES/EQUIP. 0700 SUBJECT CITY OWNED OPEN SPACE/ FACILITY USE POLICY PAGE 9 OF 15 Date 6/21/83 Revise prior to the date requested and at least five (5) working days prior to the date of use. C. If the application for use is found to be in good order, after review by the Recreation and Parks Director or his appointed representative, the permit for use shall be granted. The application shall serve as a permit upon signature of application and payment of all fees. PERMITS WILL BE ISSUED TO ADULTS ONLY. D. The sale or consumption of alcoholic beverages is hereby prohibited unless permission has been granted by the Recreation and Parks Department. Any sales and/or consumption of alcoholic beverages on open space shall be subject to the rules and regulations of the Alcoholic Beverage Control Board. A liquor license is due two (2) days prior to the event. E. A charge of 10% of the gross receipts will be assessed on any concession stand sales of the applicant. F. No advertising shall be exhibited and no solicitations or sales made on open space or on the grounds of a park without prior written permission from the Department Director and in some instances a business license is required. G. Users may be required to present evidence of suitable liability insurance in which the City is named additionally insured. H. Any group finding it necessary to cancel its reservation should do so at least five (5) calendar days prior to the date reserved. Failure to do so will result in assessment of a 20% administrative fee to the group or individual. I. Reservations may be canceled by the Recreation and Parks Department upon two days notice to the group or permit holder. INCLEMENT WEATHER CANCELLATIONS MAY BE MADE AT ANY TIME. J. Keys, where needed, for other than use during regular business hours, must be obtained in advance from the �. Recreation & Parks CITY OF MORRO BAY REFERENCE_ 0750 SECTION FACILITIES/EQUIP. 0700 SUBJECT CITY OWNED OPEN SPACE/ FACILITY USE POLICY AGE 10 OF 15 Date 6/21/83 R vise Recreation and Parks office, and must be returned by the next business day after use. A key deposit for said keys is required. K. Clean up must be accomplished within the time established in the agreement. Clean up services are not provided as part of the fee. Any clean up by City staff will be charged - against the organization or group. All trash cans should be emptied including those in restrooms and park grounds, into dumpsters in the area. L. NO CAMPING OR OVERNIGHT PARKING IS ALLOWED IN CITY PARKS. Parking overnight at Tidelands Park in conjunction with use of the boat launching facility is authorized. M. No storage of personal property, boat work or use of service roads by private vehicles is allowed unless authorized by City Open Space Use Permit. Rules for Facility Use 0752 Uses 0752.1 Application: Any person or group wishing to use a facility must fill out an application. If the schedule is clear for the date requested, staff will assign a category and estimate fees. No application will be accepted without a deposit. Availability: Facilities are open for use on a scheduled basis only from 7:00 a.m. - 1:00 a.m. daily. No event shall be allowed beyond the 1:00 a.m. deadline. Approval: if the application for use is found to be in good order, the permit for use of the facility shall be issued with an invoice for use fees. Permits will be issued to adults only. Reservations: A. Reservations must be finalized with payment in full 30 days prior to use to allow for scheduling of staff and for checks to clear. Cash or Money Orders may be required for first time users. Recreation & Parks CITY OF MORRO BAY REFERENCE0750 SECTION FACILITIES/EQUIP. 0700 SUBJECT CITY OWNED OPEN SPACE/ FACILITY USE POLICY PAGE 11 OF 15 Date 8721183 Revise B. Cancellations must be made 14 days prior to scheduled use for any refund of fees paid. A 20% service charge of invoiced costs will be deducted to cover administrative costs. C. Users may be required to provide a policy endorsement for Liability Insurance naming the City as an additional insured and stating that such insurance is primary coverage. Minimum coverage will be $500,000 combined single limit bodily injury and property damage coverage. Users may be required to provide a Certificate of Worker's Compensation Insurance. D. The City reserves the right to refuse to permit any activity which is inappropriate for a public facility or not compatible with the structure and/or surrounding neighborhood. In no case will a refusal be based on applicant's race, color, national origin, or sex. E. The City reserves the right to cancel any applicant's reservation with 14 days notice due to scheduling conflict, or with no notice in the event of emergency closure of the facility. F. Reservations will be accepted up to four (4) months prior to the date requested. Exceptions to this rule can be granted only by the Director of Recreation and Parks for special circumstances. G. Standing reservations for use of the Veteran's Hall or Library Program Room for a regular user shall be granted for no more than one use in any one week period of the year from January to December. Requests for use shall be submitted in October of each year. H. Uses of the Community Center by groups or individuals not affiliated with the Recreation and Parks Department shall be limited to one (1) every four (4) months. Security Deposits 0752.2 A. The security deposit in full is required prior to any application being accepted. I] Recreation & Parks CITY OF MORRO BAY REFERENCE 0750 SECTION FACILITIES/EQUIP. 0700 SUBJECT CITY OWNED OPEN SPACE/ FACILITY USE POLICY 12 OF 15 DntP 6/21/83 RPvicPrl B. The City reserves the right to require additional security deposit limits at its discretion. C. Any damages or clean up will be deducted from the security deposit before its return to user. Users will have to wait a minimum of 14 days for deposit to be returned. Promotion 0752.3 A. Any advertising or promotion done for any event to be held at a City facility must comply with all the laws and ordinances of the City of Morro Bay, the County of San Luis Obispo, and the State of California. B. The City must give permission prior to any planned telecast recording of an event or activity at a City facility. C. No written materials shall be placed in, on or about a City facility without written approval of the City. D. Any type of promotion initiated by an applicant prior to reservation confirmation may result in loss of reservation and fees. Staff 0752.4 A. Facility Attendant 1. A facility attendant shall be present at all times when the facility is in use. This fee will be charged back to the user. 2. The attendant is in charge at all times. The function will be terminated if rules are not adhered to. B. Security Guards 1. Security guards are hired by the City with fees charged to the user. REFERENCE 0750 LFACILLOI"TY ION Recreation & Parks TIES/EQUIP. 0700 �= ECT CITY CITY OF MORRO BAY EUSEPPOLICYEN CE/ 13 F 15 Dat 6/21/83 Revise 2. The Recreation and Parks Director may use discretion in designating an increased/decreased number of security guards for any function, or eliminating the requirement for security guards based solely on a groups past use of City facilities. 3. Minimum requirements for high -risk events are one security guard for each 100 guests. High -risk events include weddings with alcohol, dances (live band or amplified music) and social events with alcohol. 4. Any group with participants under the age of 18 may be required to have staff approved chaperones. Concessions and Kitchen Use 0752.5 A. The City has exclusive rights to all food and drink concessions. B. No food or drink will be allowed in the facility unless authorized by City permit. C. On -premise sales or solicitations during a rental (i.e.: programs, T-shirts, etc.) must relate to the event and must be approved by the City. Arrangements are subject to a minimum of 10% of gross receipts. D. Kitchen use at the Community Center is subject to payment of a clean-up fee, assignment of a kitchen monitor and orientation of kitchen users to the facility. Set-up and Clean-up 0752.6 A. All set-ups at the Community Center will be scheduled and accomplished by City at the user's expense. Set-ups at the other facilities are to be completed by the applicant during rental agreement hours. B. Equipment must be reserved in advance. No equipment shall be removed from the facility without written permission from the Department. Recreation & Parke, CITY OF MORRO BAY L RENCE 0750 ION TIES/EQUIP. 6700 ECT WNED OPEN SPACE/ TY USE POLICY 14 F 15 6/21/83 Revise C. Any damage to the premises, furnishings or equipment by applicant or guests will be charged to the user. D. All clean-up will be completed by the City and charged to the user at a productive hourly rate. Regular users who have demonstrated experience in performing clean-up may be allowed to clean-up facilities with approval of the Director of Recreation and Parks. E. Decorations must be approved by the Recreation and Parks Department. Examples of prohibited materials include cellophane adhesives, nails, screws, staples and adhesive tape. All materials must be fire proof or fire retardant. General 0752.7 A. No smoking is allowed in City facilities at any time by Morro Bay Municipal Code 9.24. B. The use of amplification equipment, of any type, is expressly prohibited in the facility without written permit from the Recreation and Parks Department. C. The sale or consumption of alcohol is hereby prohibited unless written permission or a permit approving such sale or consumption is issued by the Recreation and Parks Department and liability insurance is provided pursuant to 0752.1, C. D. Failure to comply with any of the above stated policies may result in cancellation of contract and forfeiture of fees. Fees 0752.8 A. All City sponsored events are exempt from fee schedule, but will produce revenue on a percentage basis. B. Events hosted by City staff for the express purpose of education or professional development will be exempt from rental fees and catering policies. Recreation & Parks CITY OF MORRO BAY It�e REFERENC:E7 0 SECTION FACILITIES/E0SUBJECT CITY OWNED O/FACILITY USEPAGE i5 Dat 6/21/83 C. Any activity charging admission or soliciting a donation must pay 10% of gross receipts or scheduled fees, whichever is greater. D. City staff will: 1) be in attendance at all times, 2) supervise and/or perform all set-ups except for regular users and clean-ups and, 3) operate and maintain all facility equipment. These charges are additional to rental fees. Special Charges 0752.9 A. Staff costs will be charged out at a productive hourly rate or less for the following staff: Set-up labor Clean-up labor Sound, lighting & projection technicians B. Equipment costs will be charged out at the hourly rates: coffeemaker............ $5/day piano.. ............. $20 16mm projector......... $15 slide projector........ $15 RESOLUTION NO. 141-88 A RESOLUTION APPROVING A MONTH -TO -MONTH CONTINUATION OF THE EXTENSION OF THE CITY OF MORRO BAY DIAL -A -RIDE TRANSIT OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT, INCORPORATED THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted on June 27, 1988 Resolution No. 63-88 approving a month -to -month continuation of the extension of the City of Morro Bay Dial -A -Ride (DAR) Transit Operations Agreement with Laidlaw Transit, Incorporated (LTI), effective July 1, 1988 and terminating upon the completion of the Request for Proposals (RFP) process to operate DAR in the future or December 31, 1988, which ever occurs first; and WHEREAS, said Resolution states 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 Transit Development Plan (TDP), FY 1988/89 - FY 1992/93; and WHEREAS, the time needed to complete said RFP process is estimated to be three to four months; and WHEREAS, the City Council adopted said TDP on November 28, 1988; and WHEREAS, it is not possible for the City to complete said RFP process before December 31, 1988, the expiration date of the current extension of the existing Transit Agreement described hereinabove; and WHEREAS, it is in the public interest to continue said extension of said Transit Agreement on a month -to -month basis pending the completion 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 January 1, 1989, 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 12th day of December, 1988 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk EXHIBIT A CONTINUATION OF EXTENSION AGREEMENT CITY OF MORRO BAY DIAL -A -RIDE TRANSIT OPERATIONS This Agreement is entered into the 12th day of December 1988, by and between the City of Morro Bay, hereinafter referred to as "CITY", and Laidlaw Transit, Incorporated, hereinafter referred to as "CONTRACTOR". W I T K& S S_ K I H WHEREAS, the City Council adopted on June 27, 1988 Resolution No. 63-88 approving a month -to -month continuation of the extension of the City Dial -A -Ride (DAR) Transit Operations Agreement with Contractor, effective July 1, 1988 and terminating upon the completion of the Request for Proposals (RFP) process to operate DAR in the future or December 31, 1988, which ever occurs first; and WHEREAS, said Resolution states 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 Transit Development Plan (TDP), FY 1988/89 - FY 1992/93; and WHEREAS, the time needed to complete said RFP process is estimated to be three to four months; and WHEREAS, the City Council adopted said TDP on November 28, 1988; and WHEREAS, it is not possible for the City to complete said RFP process before December 31, 1988, the expiration date of the current extension of the existing Transit Agreement described hereinabove; and WHEREAS, it is in the public interest to continue said extension of said Transit Agreement on a month -to -month basis pending the completion 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 renogotiate 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, dated January 9, 1984 between City and Cal Coast Charter, Inc. and subsequently transferred to Laidlaw Transit, Inc. pursuant to Resolution No. 14-86, and related Extension Agreements thereof, incorporated herein by reference, are hereby continued on a month -to -month basis effective January 1, 1989, and terminating upon the completion of the RFP process described hereinabove. 2. All terms and conditions of said Transit Agreement shall continue in effect for the period of any all extensions as described hereinabove, except as otherwise provided herein. 3. The rate per service mile and fixed management fee shall continue to be $1.06 per mile and $2,780.34 per month, respectively. 4. Paragraph 10 of said Transit Agreement is hereby amended to provided for thirty (30) days written notice by either party to terminate the Agreement. LAIDLAW TRANSIT, INC. WILLIAM JOHNSON, Vice President of Operations/Western Area CITY OF •••• BAY ^ i i" ATTEST: ZWeZZ� ARDITH DAVIS, City Clerk R E S O LUT = ON N O_ 1 4 0— 8 8 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 8TH DAY OF NOVEMBER, 1988, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 8th day of November 1988, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as re- quired by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the general municipal election consolidated with the Statewide General Elec- tion held on November 8, 1988, and the County Clerk has duly cer- tified to this City Council the result of the votes cast at said election which said certification is attached hereto and by ref- erence made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as es- tablished for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as re- quired by the laws relating to the cities in the State of California, to wit: A Mayor of said City for the full term of two years; Two members of the City Council of said City for the full terms of four years. Resolution No. 140-88 Page 2 3. That said general municipal election was also held for the purpose of voting on the following measures as submitted to the electors of said City: MEASURE A - BUSINESS LICENSE 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, 198611? MEASURE B - AFFORDABLE HOUSING INITIATIVE 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? MEASURE C - AFFORDABLE HOUSING ORDINANCE 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? MEASURE D - PINEY WAY VILLAGE INITIATIVE Shall an Ordinance be enacted to rezone the "Piney Way Village" Property from R-2 Multi - Family Residential to C-1 District Commercial? MEASURE E - GAZEBO IN "CITY" PARK INITIATIVE 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? 4. That the names of the persons voted for at said elec- tion for the Mayor are as follows: Rose Marie Sheetz Ray Kaltenbach Norman E. Davis Dale L. Reddell Resolution No. 140-88 • Page 3 5. That the names of the persons voted for at said elec- tion for Councilmember of said City are as follows: Tom Wuriu John C. Baker Paul Price Charles Reasor 6. The City Council does declare and determine that: ROSE MARIE SHEETZ was elected as Mayor of said City for the full term of two years. TOM WURIU was elected as Councilmember of said City for a full term of four years. JOHN C. BAKER was elected as Councilmember of said City for a full term of four years. The required number of the qualified voters voting on MEASURE A relating to a Business License Tax Rate adjustment did vote in favor thereof, and said measure was carried. The required number of the qualified voters voting on MEASURE B relating to an Affordable Housing Initiative did not vote in favor thereof, and said initiative failed. The required number of the qualified voters voting on MEASURE C relating to an Affordable Housing Ordinance did not vote in favor thereof, and said measure failed. The required number of the qualified voters voting on MEASURE D relating to an initiative rezoning the Piney Way Village property did vote in favor thereof, and said initiative was carried. The required number of the qualified voters voting on MEASURE E relating to an initiative prohibiting a Gazebo in "City" Park did vote in favor thereof, and said initiative was carried. 7. At said election the names of the persons voted for and the number of votes given each person, and the measures voted for and the number of votes given for and against each measure are as set forth in the attached certification. 8. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the at- tached certification. Resolution No. 140-88 Page 4 9. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of Cali- fornia and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the Morro Bay City Council at a spe- cial meeting thereof held on the 8th day of December, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None �-- DALE REDDELL, Mayor ATTEST: ARD TH DAVIS, City Clerk 0 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY COUNTY OF SAN LUIS OBISPO ) STATE OF CALIFORNIA ) ss. I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate for the Office of Mayor and for Member of the City Council, and that the totals shown for and against each candidate for the Office of Mayor and for Member of the City Council in said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 6 day of FRAN IM. COONEY, Co ty Clerk -Recorder L CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY MEASURE "A" COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "A", and that the totals shown for and against said Measure "A" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "A": "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 30, 1986? WITNESS, my hand and Official Seal this b day of FRAN� COONEY, C nt Clerk -Recorder 0 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY MEASURE "B" COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "B", and that the totals shown for and against said Measure "B" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "B": "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? WITNESS, my hand and Official Seal this & day of A. s,...., h.tn/ , 1988. FRANCIS M. COONEY, Cou lerk-Recorder P L7 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY MEASURE "C" COUNTY OF SAN LUIS OBISPO ) STATE OF CALIFORNIA ) ss. I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "C", and that the totals shown for and against said Measure "C" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "C": "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? WITNESS, my hand and Official Seal this day of 1988. FRACIS M. OONEY, C`c Clerk -Recorder 0 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY MEASURE "D" COUNTY OF SAN LUIS OBISPO ) STATE OF CALIFORNIA ) SS. I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "D", and that the totals shown for and against said Measure "D" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "D": "Shall an Ordinance be enacted to rezone the "Piney Way Village" Property from R-2 Multi -Family Residential to C-1 District Commercial? WITNESS, my hand and Official Seal this day of [Gsy. . 1988. FRAN IS M. CONEY, C nt Clerk -Recorder CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 8, 1988 CITY OF MORRO BAY MEASURE "E" COUNTY OF SAN LUIS OBISPO ) STATE OF CALIFORNIA ) ss. I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 8, 1988, in the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk -Recorder) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "E", and that the totals shown for and against said Measure "E" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "E": "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? WITNESS,, my hand and Official Seal this 6 day of , 1988. F C S M. 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II III IIIIIIIIi�!� I1 II N r 1 IC �M �N iH IH I~ N tIM I t� I� A !Nly �Q I II „'A,� 1 I4 rl ..I -1 I 2 2 OO i"�,= 12 �S V2I ii ,t '{ I.4 I.� IN IN 'AA N iN �D I IN n If1 Ip i0 IO •O 10 •G O .O b .a Iro (V� IN Im '0 �p IT n n M n tm �T I m m ,m Im ,m �+ m t c$i tci N .e ,ro S to � I> A �< A 't < I � im tm �p y IM D �O ;O D VA ►.4 IM M :" ' `N JINN N N 'r A '� S 'p ,A iGirn �n It IO �O 'O O 'O �d �M M tN m r I.A i0 tD O IH ►Ai ''0A+ ix 'H I� �O ;O O N Im I� 1p !n �m io A ID m a '< 1-4" z �o 1r r 'r r jm p n .m h I I LA A v tI �N I .N IN IN IN II I Ip10 r y m m n m Z M C m O O A �1 7mD r I O N I y O 0 o I � I I ,V P II NATalO< OTAT�INM01T� N O? ••INDn 0.4OrrDO T TA CND T$g .01-M QAAOS TO d��"�n O Q T 8 to m A m .o ao m m 0 RESOLUTION NO. 139-88 A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF MORRO BAY, CALIFORNIA APPROVING A SPECIAL EVENT USE OF THE HARBOR FOR THE LIGHTED BOAT PARADE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code requires the City Council to approve of and authorize all special events held in the harbor; and, WHEREAS, the City will be sponsoring the Annual Lighted Boat Parade on December 11, 1988 starting at 6:30 p.m.; and, WHEREAS, the City Council has reviewed the aforementioned special event and finds that adequate insurance is provided by the City and the event will not interfere with reasonable use of the harbor for a period of more than four (4) hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves of the special event use of the harbor for the Lighted Boat Parade on December 11, 1988. BE IT FURTHER RESOLVED by the City Council that the City Administrator is authorized to issue Public Area Use Permit No. 313 for the Lighted Boat Parade. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 28th day of November, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK "D7=REDDFELL- MAYOR 7 41 RESOLUTION #137-88 Resolution Establishing Parking In -Lieu Fee T H E C I T Y O F M O R R O B A Y City of Morro Bay, California WHEREAS, the City Council adopted a Parking Management Plan on October 10, 1988, and pursuant to said Parking Management Plan, Ordinance #337 was adopted on October 24, 1988, which authorizes the establishment of Parking In -Lieu Fees by Resolution of the Council; and WHEREAS, in compliance with policy #2.08 of the Land Use Plan of the Local Coastal Plan, and Ordinance No. 337, the City Council does hereby consider and estimate an amount necessary to provide parking including planning, design, land acquisition or lease and construction of improvements; and WHEREAS, the City Council recognizes that payment of total costs at one time would exceed an amount the typical business or new development could afford; and WHEREAS, the parking in -lieu fee is but a portion of the Parking Management Plan as the establishment of a parking district including assessments is also anticipated, which includes assessments that constitute a portion of any developers' parking program; and WHEREAS, Council shall ensure, over the long term, the full cost of off -site parking spaces shall be paid by each entity utilizing the in -lieu fee, through participation in a parking assessment district which shall obligate each participant to any additional cost thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the Parking In -Lieu Fee of $4,000 per space is hereby established. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 28th day of November, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Qoo DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk 6 CITY COUNCIL RESOLUTION NO. 138-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 23-88 AND COASTAL DEVELOPMENT PERMIT 69-88R TO ALLOW A TWO-STORY COMMERCIAL BUILDING ON THE EMBARCADERO 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 5th and 18th days of July, and the 15th day of August, 1988, held duly noticed PUBLIC HEARINGS to consider the requests for a Conditional Use Permit and Coastal Development Permit by Ralph and Shirley Gunther to allow a two-story commercial building on the Embarcadero located west of the Blue Sail Inn and adjacent to Harada's Restaurant, in the VS-C/PD/S.4 zone, more particularly described as: APN 66-321-04 Parcels 34 & 35, 32-PM-10 City of Morro Bay County of San Luis Obispo State of California WHEREAS, the City of Morro Bay Planning Commission continued said request and PUBLIC HEARING to the 6th day of September, 1988, at which time the request was denied without prejudice; WHEREAS, the applicant made a timely appeal of the denial to the City Council which conducted duly noticed PUBLIC HEARINGS to consider the appeal on September 26th, October 24th, November 14th, and November 28th; WHEREAS, at the PUBLIC HEARING of November 28th, after considering the Environmental Coordinator's recommendation that a Negative Declaration be adopted and filed pursuant to CEQA, and after receiving the testimony both written and oral, of all persons wishing to testify, and after considering the impact analysis report on traffic from the applicant's traffic engineer, and after considering the view analysis summary by the Community Development Director, the City Council did find that the proposed project will not have a significant adverse impact on the environment and approves the adoption and filing of a Negative Declaration; WHEREAS, at said PUBLIC HEARING, after considering the staff report and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their action in this matter: 0 City Council Resolution No. 138-88 Page Two 1. That the subject project is consistent with the certified Local Coastal Plan and applicable provisions of the certified implementing ordinances; 2. In accordance with the provisions of Morro Bay Municipal Code (MBMC) Section 17.36, the proposed project qualifies as a Planned Development project and may vary from the normal standards of the base zoning district concerning yard setbacks and sidewalks because the project provides extraordinary public benefits including outstanding architectural design, unusual levels of public access via a landscaped rooftop observation deck, and off - site improvements to the existing narrow public sidewalk on the Embarcadero; 3. That the subject project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; 4. That the conditions of approval will ensure that the subject project 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, 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 City Council does hereby approve Case Nos. CUP 23-88/CDP 69-88R, 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, at a regular meeting held thereof on the 28th day of November, 1988, by the following roll call vote: AYES: Donnelly, Lemons,'Reddell NOES: Odell, Sheetz ABSENT: None ATTEST: --------------- ARDITH DAVIS, City Clerk i - - --- ----- ------ A E REDDELL, Mayor CONDITIONS OF APPROVAL Case No. CUP 23-88/CDP 69-88R STANDARD CONDITIONS 1. This Conditional Use Permit/Coastal Development Permit is granted for the land described in the application and any attachments thereto, and as shown on the exhibits attached, 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 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 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 CUP 23-88/CDP 69-88R Page Two SPECIAL CONDITIONS 7. Applicant shall submit, prior to building permit 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 building permit 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 construct driveways and sidewalks in the public right-of-way as shown on the site plan (Exhibit "A") in accordance with City Standard Drawings and Specifications at no cost to the City:hesidewal '--Tks-ori -tfie Embarcadero shall be not less than eight (8) feet. 10. Applicant shall provide an off-street loading area on Front Street by appropriate striping for commercial deliveries. Applicant shall restrict commercial deliveries to time outside peak traffic hours. 11. The applicant shall install modifications to existing curbs and parking spaces in the public right-of-way and shall provide planting areas as shown on the revised site plan (Exhibit "A"). All work shall be performed as described in the traffic report dated November 21, 1988 and attached hereto as Exhibit "B", and shall be constructed consistent with City Standard Drawings and Specifications. 12. Applicant shall submit, prior to building 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. PJ Conditions of Approval CUP 23-88/CDP 69-88R Page Three 13. Street trees shall be provided by the applicant at locations to be designated by the Public Works Director prior to occupancy approval. 14. Prior to construction of public improvements, including work within the public right-of-way, the applicant shall submit plans to be approved and permits issued by the Department of Public Works, and will 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. Fire protection impact fees shall be paid to the City prior to final occupancy approval based upon the adopted Fire Master Plan and consistent with any approved impact fee schedule in effect at the time. b. Building plans shall include the following provisions concerning fire protection and shall be approved by the Fire Chief prior to issuance of the building permit: - provide standard pipe system to second floor as approved by the Fire Chief; - provide fire extinguishers as approved by the Fire Chief throughout the complex; - provide fire sprinkler system to NFPA 13 standards; - wood shake or wood shingles shall not be permitted; - all elevators shall be at least 80 inches diagonal. 16. Parking requirements estimated at approximately 63 spaces shall be met through a combination of on -site parking and the payment to the City of in -lieu parking fees. It is anticipated that approximately 25 spaces will be provided on -site, with the balance of 38 spaces being provided through in -lieu fees. Prior to occupancy approval, the exact number of parking spaces required for the project shall be calculated by the Community Development Director and in accordance with Morro Bay Municipal Code Chapter 17.44 provided, however, that the modified parking standards contained in the Circulation Element of the General Plan shall be used in the calculations. The remaining parking requirement shall be Conditions of Approval CUP 23-88/CDP 69-88R Page Four met by payment to the City prior to occupancy approval 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. 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 building plans. 17. The approved project design shall be as shown in Exhibit "A". The maximum height for all structures shall be as follows: top of the elevator structure - thirty (30) feet; top of the parapet - twenty four (24) feet; top of the railing on the parapet - twenty six (26) feet. 18. Permanent public access shall be maintained to and upon the rooftop observation deck. 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 signed by the applicant prior to final building occupancy approval. Public access not to be dedicated to or assumed by the City. The applicant will maintain at all times liability insurance in an amount determined and approved by the City naming the City as an insured on the policy, and the applicant shall indemnify and hold the City harmless from any and all claims, damages, injuries, or awards or other liabilities arising from public access and use of the area. 19. 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 building plan approval, and shall be approved by the Community Development Director. 20. Applicant shall obtain a sign permit prior to the installation of any signs on the site. 0 Conditions of Approval CUP 23-88/CDP 69-88R Page Five 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. The applicant shall enter into a binding agreement, on a form prepared by the City, to defend, indemnify, or hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul an approval by the City of the applicant's project. L. EXHIO B-TRAFFIC REPORT 41 "THE MARKET" TRAFFIC IMPACT ANALYSIS MORRO BAY, CALIFORNIA Prepared for: MR. RALPH GUNTHER Prepared by: NORTH COAST ENGINEERING, INC. John R. McCarthy Registered Traffic Engineer #1111 F IV Eo N�V 21 tig68 DEVMC�Y DFDMO RD BKY Pu DRKS 0 "THE MARKET" TRAFFIC IMPACT ANALYSIS TABLE OF CONTENTS I. PROJECT OVERVIEW A) Project Location B) Project Access II. TRAFFIC GENERATION III. TRIP DISTRIBUTION IV. TRAFFIC IMPACTS AND MITIGATION MEASURES A) Embarcadero and Harbor B) Harbor and Front Street C) Front and Embarcadero D) Embarcadero Street Parking V. SUMMARY AND CONCLUSIONS VI. APPENDIX I. PROJECT OVERVIEW The proposed project "The Market" is located at the south- east corner of Harbor and Embarcadero streets. Front Street is a one way street which borders the project on the east side. The area to be developed is vacant and approximately one-third of an acre, see Exhibit 1. The design of the proposed building consists of a two story structure with the top floor being an observation area/roof garden. The first story will consist of 2270 square feet of retail commercial space. The second story will contain a restaurant and an international market place of prepared dishes and handicrafts, see Exhibit 2. The project will front on Embarcadero Street which is the front orientation of the building.. Parking is provided in the rear with a proposed entrance off Harbor Street and an exit onto Front - There is existing parallel parking on Front Street and Embarcadero as well as Harbor. Some of the parking will require modification to accommodate this project. The major access routes to the site will be from Embarcaderb Street which is the main north -south road parallel to the ocean front property and Harbor Street which connects to Main Street and downtown. This analysis will review the estimated project trip genera- tion, the impacts of the traffic on the surrounding streets and intersections and suggest mitigation measures that should be considered. II. TRAFFIC GENERATION Estima.ted trip generation for this project is based on the Institute of Transportation Engineers "Trip Generation Manual" 4th edition, and the San Diego Association of Gov- ernments "Guide to Vehicular Traffic Generation Rates". These sources are commonly used references for determination of trip generation. Table I shows the general types of uses proposed in this project. The corresponding trip generation rates and pre- liminary estimated trip generation per day are also shown in the table. The numbers shown in Table I are representative of the project as if it was a "stand alone" facility and do not take into account the effect of the project's unique loca- tion in one of the major tourist attraction areas of the Central Coast. The entire Embarcadero area actually func- r t 4 rxrcRo .'...... uri . Beach `•^ t _ ,r 1 i. 41 `•, .•rµ '\\ POGO r= MORRO BA . •; �Y. „ I r•Mx .Yf � rlri o r� �j / .. I• \I TWO KK Atr.Y..nc �r -.a- :� � XmBeiz or Commence <i •T• s �: i :- ;�•\, mad o� - . �-4%i r•'` p I 1mm111 1\1 r.� }1'} MOM AlC A L fy�L ♦ i� 1 NNII R(NT'.. . Vie" • '�. i^L.• ^ •\ i _. .^• (i^- /VV� ♦� �' T. « ice' \ ♦ IRISH . _ '4n. 4� �n •� ...- �� � �. u rOq 0• RA • 'y. . o' 'r -. n•. •�• •^-01 li'n �,^yrr [ �'•'^r• 1^••�O, eCM]', IIYi MI ': � 1 L 11•'IfA AY i� � �� � ,L• • ANCMOq � ' M� ]< J11 ♦ � Vr`•r.• , � Y� '� OUI •• [�i]:��' ...�.� ' '1 _ - e <�' I.'Md q�r�. F.•...I. /^ ;^ S: r.rr.r _'+L� - •ql 5 .Morro'♦ ,_, •�: ].. ,.r \... ;• l u r i ?I is :.�` \.. �� I \ r,M' 6 �,j I Y _._� �. 1. �'.h/j. ,•\ n FEgNi ,'�i� / I' I uoYlo eAr�lnl• C 'L Alorro - °'" o '.Scate Park` .....,_ •i_J 1 1. ' �( 'q.'^'!:.._ wluilfl. qn.p t P Bay, .IIOhR/l li i •�\_�-��'�.'. )L;.•.I.\•::' / ;! ill •\,-\•\ _� _. \ _ � • , i � ��."'�7Ai� \ state 1 !7.'1•)' 'ice_•,,. Morro Say it I ____, _; �.l ♦o~o state Park i^ _ fG \ - N, r k / NORTH COAST ENGlNEERlNG !NG EXHIBIT 1 fro^•••-v •,�.a s,..•.-v • rrr•a o...wo--.•., 715 24th Street., Suite U LOCATION MAP Paco Robles, CA 9344G ' J • r � ' r 1. 0 � � \ d N \ c \ l < 15 c - "1 o � r •� G; • ym 3- 133916 tlOstl<Ni o � ` (/'+•t NORTH COAST fN WEERfNG, !NG 715 24th Street, Suite O Paso Robles, CA 93446 L. i EXHIBIT 2 PROJECT PLAN tions, from a �ffic viewpoint, more like large shopping center or mall plex. Visitors often pain one area then stroll down the streets leisurely entering a multitude of shops. So, it can be reasoned, that not all trips gener- ated to a specific site in this area will be vehicular trips but some will be walking trips. PROPOSED USE TABLE 1 PRELIMINARY TRIP GENERATION TRIP GENERATION RATE/WEEKDAY Retail commercial shops 40 Trips/1000 GSF 1st floor, 2270 s.f. Restaurant 200/1000 GSF high turnover, 2690 s.f. International Market Place, 8,465 s.f. 4232 S.F. - Food oriented 200/1000 GSF 4232 S.F. - Commercial shop oriented 40/1000 GSF Since this is a multi use development decrease by 25% (see "Trip Generation Manual") 1544 r. 0.25 = ESTIMATED "NET" TRIP GENERATION = ESTIMATED TRIP ENDS 91 538 846 169 1644 411 1,233 Trip ends are the totalofall trips entering plus all trips leaving the project. Due to the unique nature of the Embarcadero area, the trip generation rate would be more in line with the generation rates of larger shopping centers. Review of the Institute of Transportation Engineers Trip Generation Manual" shows the rate is substantially lower on a square foot basis for a large center than those developed in Table 1. A Table 2 has been calculated to show a more realistic traffic generation expected for this project based upon the unique characteristics of the Morro Bay Harbor area. We feel that Table 2 represents a better estimate of the ex- pected traffic this project will generate. • TABLE 2 • EXPECTED PROJECT TRIP GENERATION TRIP GENERATION ESTIMATED TRIP PROPOSED USE RATE/WEEKDAY ENDS 13,424 GSF Retail 58.93/1000 gsf 791 Commercial, restaurant 544 veh. trips) and food establishments (in the context of a much larger "shopping center") A.M. Peak Hour 1.32 18 trips/hr. (1 hour between 7-9 A.M.) 60 trips/hr. P.M. Peak Hour 4.49 It can be seen that the application of the larger center concept reduces the expected trips from 1233 to 791. Of the 791 expected trips to and from the project site, only a portion of these trips will be vehicular trips. We estimate that 30 percent of the trips will be non -vehicular, and will be primarily walking trips. Therefore the number of actual vehicle trips will be 70 percent of 791 or 554 vehicle trips/day. It is a documented fact that shopping center traffic will be higher on the weekend than on a typical weekday. The average across the United States is a 13 to 30 percent increase over the weekday average volume. Using traffic volume figures supplied by the City of Morro Bay engineering department, Morro Bay experi- ences a slightly higher weekend increase, about 40 percent of the average weekday volume. Applying this factor, Table 3 shows the results of the expected Saturday (peak day of the week) trip generation if the project were constructed. TABLE 3 ESTIMATE PROJECT SATURDAY TRIP GENERATION (PEAK DAY) Average Weekday Trip Generation = 791 Average Saturday Trip Generation = 791 x 1.4= 1,107 (based on a 40% increase as documented by the City Traffic Courts) (70%) Estimated Vehicle Trip Ends = 554 (30%) Estimated Walking Trip Ends = 237 Estimated Vehicle Trip Ends = 1,107 x 0.7 = 774 It can be seen from 1Wle 3, that there is an i*ase of 221 trip ends that can be expected on a typical Saturday versus an average weekday. Therefore, to properly examine the worst case impacts from the proposed project, the higher Saturday number will be used. III. TRIP DISTRIBUTION The only vehicular access for the project parking lot, is a proposed one way driveway off Harbor, between Embarcadero and Front Street. The only exit will be a driveway onto Front Street. It is estimated that 70 percent of the vehicular traffic entering the site will come by way of Embarcadero and 30 percent will utilize Harbor from the east. Table 4 shows the estimated vehicular entering and exiting traffic volumes based upon the above traffic dis- tribution percentages. TABLE 4 ESTIMATED VEHICULAR TRAFFIC DISTRIBUTION *(PEAK DAY) Total Estimated vehicular Trips = 774 ENTERING PROJECT: From Embarcadero From Harbor (east) LEAVING PROJECT: To Embarcadero Via Front 387 Entering, 387 Leaving PEAK HOURS 387 x .70 = 271 veh/day 9 veh. 387 x .30 = 116 veh/day 4 veh. 387 veh/day 42 veh. * The peak day of the week is Saturday, see Table 3. IV. INTERSECTION IMPACTS AND MITIGATION MEASURES Existing traffic count data was obtained from the City Morro Bay Engineering Department. Exhibit 3 shows the existing traffic counts on Embarcadero and Harbor with average daily weekday volumes, average weekend volumes peak hour volumes for both. No Front Street data was of and avail- I �}83� Ave wESK n C.2750AvE. �x KEun �J. "THE MARKET I 0 So(�rce: CI7Y Ccuum '(ukth (n 1987 a.d 1964 ( = PEAK HOUR NORTH COAST fNGI!lEERING, !NG EXHIBIT 3 71524th9ueet,Suite o EXISTING TRAFFIC Paso Robles, CA 93446 . ' (11051 Z19�3177 . . able. The aver volume differential of a oximately 40 percent from weWdays to weekends should be ted on Embar- cadero. This differential was verified with other similar location counts along Embarcadero. Exhibit "4" shows the expected traffic to and from the proposed project for typical weekends. How these numbers were developed was discussed in the trip distribution sec- tion of the report. Exhibit 115" shows the project traffic added to the existing traffic for combined totals for week- days and weekends. The project is estimated to increase the Embarcadero weekend daily traffic only 4 percent and the Harbor Street traffic would be increased 4.2 percent. Front Street will have considerably more traffic since all of the new project traffic will use this route. The overall impact of this project on the total traffic volumes in the area will be minimum. However, there are traffic mitigation measures which need to be undertaken to accommodate the traffic movements from this project. These measures are listed by intersection in the following paragraphs. A) Embarcadero and Harbor This intersection currently has through traffic on Embarcadero and a stop sign on Harbor. Each street has on street parking on both sides. The peak hour volumes do not yet warrant consideration of a traffic signal. All way stop signs are not warranted unless the City starts to experience a severe accident problem. Low speeds have kept accidents to a minimum according to the City. An all way stop would serve only to decrease the capacity of Embarcadero. All street parking on Harbor, adjacent to the proposed project should be eliminated. This will allow easier turning movements both left from Embarcadero and will help to provide a "storage" area for vehicles wanting to enter the project parking lot. Proper intersection sight distance for 25 mph speeds requires that parking should be prohibited for a dis- tance of 25 feet on the east side of Embarcadero, south of Harbor. Landscape islands which would protrude past the existing curbs lines would not be recommended. The total street widths should remain available for vehicle maneuvers. B) HARBOR AND FRONT STREET Front Street, which is one way southerly, will need to function as a loading area for the project since none is provided on site. Due to this fact, the curb return at the northeast corner of the property should be rebuilt a- t; • 11��4) • � 2�I �9) -- - I -ME MQRKET'� ° I 0 2-77 (42) PEAK 40UP, Ze�MORM COAST ENGINEERING, INC EXHIBIT 4 71SzetLStreet, Suite 0 PROJECT TRAFFIC Paw Roblcs, CA 934" cans) nv-iin . . i 5024 AOE• uXEK i wEEKEaD (4:51) AuE.wEEr LL30� WEEK�uD 2No(o Ave. wEEK (3t9) WEEKEutSs IN ""(}IE WtA2KET �� J I Q = PEAK VAOU.R NORTH COAST ENGINEERING, WC EXHIBIT 5 715 zeth street, suite o COMBINED TRAFFIC Paso Roblm CA 9344G tsmusatn C) D) with a 25 t minimum curb radius to commodate large truck turn Also, the street parking yout will need revision due to the loading area restrictions. The City has contemplated parking changes on the east side of Front Street and parking on the west side may need to change to be compatible. Parking on the west side of Front Street at the project exit should also be prohibited for a distance of 25 feet north of the exit driveway. FRONT AND EMBARCADERO Front Street is one way and narrows to a width of 15 feet at it's intersection with Embarcadero. Peak hour traffic volumes and vehicle delay should be monitored at this location. A widening of 10 feet in the future may be needed to accommodate peak hour traffic exiting Front Street. The situation will become progressively worse as the traffic volumes on Embarcadero continue to in- crease. The ten foot width increase will provide for two lanes exiting Front Street and thereby eliminate the possibility of a left turning.vehicle holding up vehi- cles wanting to turn right onto Embarcadero. The exiting walkway and fire hydrant red curb, provide adequate'site distance northerly, but the one parking space south of Front Street should be eliminated to provide better sight distance. EMBARCADERO STREET PARKING There are currently 9 marked spaces on the east side of Embarcadero from Harbor to Front. There are also two driveways which will be eliminated under the proposed project layout. These areas should each convert to a new parking space available for public use although one space on Embarcadero at Harbor will be lost due to site distance requirements. V. SUMMARY AND CONCLUSIONS The proposed project is a combined commercial retail, res- taurant; and international market place. It is located in the center of the Morro Bay embarcadero area and thereby must be designed to minimize the traffic impacts of site development. The existing traffic volumes around the site are not cur- rently at a level to consider signalization at any intersec- tion. The additional traffic by the proposed project will not create the need for signalization. The unbalanced traffic volumes on Embarcadero and Harbor do not lend them- selves to all way stops and they should not be considered unless a serious accident situation develops. The current street system has the capacity to handle the additional traffic from t project. • Elimination of some existing parking spaces needs to occur on Harbor, Embarcadero and Front streets to provide proper sight distance and maneuvering room for vehicles entering or leaving the site. Repainting of parking spaces will also be necessary on Embarcadero and Front. The existing width of Front Street is adequate to handle this projects traffic but the City should monitor intersec- tion delay as Embarcadero traffic increases. Widening of Front Street on the south leg may someday be required to obtain an additional turn lane. The curb return at the north east corner of the site should be modified to provide an appropriate radius to handle the delivery trucks to the project. a�' JAMES H_ MAUL.4SSOCIATES, IN% A.1_A_ h-. architecture Mr. Bill Ferrel C omm unity D evel o pm ant Director City of Morro Bay Morro Bay, CA93442 14ovember 17, 1988 Construction ;.,biziL :;tin. Re: Proposed Operation of Second Floor -Market" SpeceandAdditional Public Benefit Proposals for the Gunther Project Operation of "Market" The space in question covers atotal area of 8465 square feet, of which 6701 square feet is devoted to seles stands and storage rooms, and 1764square feet tovisitorrelaxation. We have in the past referred to this area as a"Farmer's Market", which can be interpreted as a situation wherein various producers of foodstuffs bring their produce, food and handicrafts to amarket place where they themselves do the selling. Thisisnotthecase. Mr.Guntherwill,,Whemployees, operate the market himself. The merchendisewillconsist ofsome handicrafts and some packaged unprepared gourmet foods, suchas;wild rice, herbelteas, exotic pastas, special dressings, and sauces, etc. Perhaps one half of the stands, however, wills ell prepared foodsto.gowRhanintemationalflavorLe. Mexican, Italian, Scottish, The), German, etc: ThlsfoodvAtl receive initial preparation in the restaurant's kitchen in the morning hours, then completed al the various stands. Customers will purchase an item or items, then some will go elsewhere to consumeitfthem, while some will relax on one of five circular benches provided. Food will be served inthrowewey conteinem (we will provideampieI=hconteinemand"pleasedanotHit er.,signs)requiringwateruse only in t h e restaurant kitc h an. Parkin g re uirem ent had b e an fi gure d on a total area divi d e d by a 250 s q uare f o of basis whit ti cam e t o 8751 divided by250= 35. 0ur3pacecalculation3 differslighilly Io vit: 8464 divided by250= 34. If we Instead, use the actual areacontaining the stands of 6301 sq. ft. divided by 250 sq. ft, we come up with 27 spaces to which we add the (5) 22 linearfoot circular bench3 for seating al 2 feet 6 inches per person. (2' -6"rat herthen 2'asperord. becausethecircularIorrnrequirestheadditione] 6") 2212,5x5-44peopie divided by one car per four people = 11 s pac: es f or ai otal of 38. This adds three (3) spaces to the overall projectoriginalrequirementof63spaces(or 2spacesifourarea figuresare correct), however, our ground f)oorretail speed has been reduced from 2405 square feet to 2270 square f eet, which reduces that parking by one (1) space. We, thereforacome out-vAthaL net.gain of one(l) or two (2) spaces (see above). Eventhisgeinis arguable slnce we don't really know If the five benches -which were In the original planning -will be used more or less with the above described use than with the originally perceived "Farner's Market". We believe that with the reduction of one space forthe ground floorelong with the possibility of aslightly more concentrated use of the benchesarguesfairly forapush. Public Benefits In addition to providing a public park end viewing station on the roof and a reduction in height from 30' to 24' at the top of the roof parapet, we propose to install anewcurb end gutter, and plant areas with trees tothe north and southerly ends of Front Street on both sides. We will re -paint the parking space lines to conf arm with the traffic study by North Coast Engineering, which Incidentally, achieves the same number 571 EMBARCADERO 13 MORRO BAY, CALIFORNIA 93442 0 805/772-8885 ofpub8cspaces now eAstingevenwkhthe added plant areas. Wewilledsolnstellahendleap.mmpetthe north east comer of Harbor and Front, four planters along the Embarcad ero frontage, an d a wid ening t o 8' of the sidewalk on the Embarcadero, beyond our propertye)dending north from Front St. approb- met ely 67 so that the entire Embmad ero frontage from Harbor St. to Front St. will have a si d ewelk with a width no less than eight (8) feet at any point. .Sincerely, f James H. Maul For Ralphand ShlrleyGunther JHMfsh 0 0 0 z iMM z cc w I I joeilS joqjel4 f 3ee�3S iogjeH RESOLUTION NO. 136-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING A MEASURE TO ADOPT A SPECIAL TAX FOR EMERGENCY MEDICAL SERVICES PLACED ON THE BALLOT OF THE NEXT ELECTION CALLED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY THE C = = C OUN C = L CITY OF MORRO BAY, CALIFORNIA NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows: 1. The City Council finds and declares as follows: A. Section 4 of Article XIII A of the California Constitution authorizes the imposition of a special tax if approved by a two-thirds vote of the qualified electors of the City; and B. The cost to the City to provide emergency medical services has escalated to such an extent that the general fund is being depleted at the expense of other necessary services; and C. It would be in the best interests of the citizens of the City of Morro Bay for the Morro Bay Fire Department to provide certain emergency medical services including but not limited to upgrading EMT-II's to Paramedic's, which services can only be paid for by the imposition of such a special tax on said citizens. 2. Based on the above findings, and pursuant to the above cited Constitutional provisions, a measure to adopt a special tax for emergency medical services to be provided by the Morro Bay Fire Department, is hereby ordered placed on the ballot of the next election called by the City Council of the City of Morro Bay to read as follows: RESOLUTION NO. 136 0 • November 21, 1988 page 2 City of Morro Bay Measure " " Shall a Measure be enacted to adopt a special tax to provide and pay for emergency medical services in the city of Morro Bay? Yes No ( ) 3. Said measure shall take effect upon approval of two thirds of the voters voting upon such proposition. 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 November 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None �• DDEL'L, Mayor ATTEST: LAG%LC/�e%�—d ARDITH DAVIS, City Clerk JS:ljh disk c-a:resl36-8 FULL TEXT OF MEASURE " " THE PEOPLE OF THE CITY OF MORRO BAY DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Morro Bay is hereby authorized to impose a special tax not to exceed eight dollars ($8.00) per unit of benefit per year in the first year, on all real property improvements (except federal, state, or local governmental agencies) within the City of Morro Bay, for the purpose of obtaining, furnishing, operating and maintaining emergency medical service equipment or vehicles, for paying salaries and benefits to fire fighting personnel, and for other necessary emergency medical expenses, including upgrading EMT- II's to Paramedic's within said City. SECTION 2: The amount of the tax shall be determined according to the number of units of benefits as set forth below: Improved Actual Land Use Maximum Number of Units of Benefit Single Family Residence 2.5 Units ($20) per dwelling per year Condominiums & Townhouses 2.5 Units ($20) per dwelling per year Duplex, Triplex, Fourplex 2.5 Units ($20) per dwelling per year Apartments 2 Units ($16) per dwelling per year Mobile home 2 Units ($16) per dwelling per year Commercial 1 Unit ($ 8) per 1000 square feet or less of structure Industrial 1 Unit ($ 8) per 1000 square feet or less of structure The tax may be increased yearly to reflect annual fluctuations in the Los Angeles -Long Beach Consumer Price Index - All Urban Consumers, and in that event may exceed the initial maximum charge of $8.00 per unit of benefit in subsequent years. 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, complied and published by the United States Department of Labor, Bureau of Labor Statistics, 1967 Base Year = 100 (hereafter called Index). If the United FULL TEXT • • November 21, 1988 page 2 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. The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. SECTION 3: Subsequent to the end of each fiscal year, but prior to August loth of the ensuing fiscal year, the City Council of the City of Morro Bay, at a public hearing, shall determine the precise amount of the special tax to be levied during the ensuing fiscal year, provided that such special tax rate shall not exceed the maximum adjusted amounts as set forth in Sections 1 and 2 hereof. SECTION 4: The special tax imposed by this ordinance shall be collected by the San Luis Obispo County Tax Collector at the same time as, and along with, and shall be subject to the same penalties as property tax collected by said Tax Collector. SECTION 5: If any sections, subsection, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of Morro Bay hereby declare that they have adopted the ordinance and each section, subsection, sentence, phrase or clause therefore irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses be declared invalid. JS:ljh disk c-a:resl36-8 —(nomwtlo wotar Ea,MU-% Papa Al. � ComonMm er d.0 6obdMdoo) of STATE OF CALIFORNIA DEPARTMENT OF HEALTH Certified Copy of Resolution No. 135-88 (To accompany application on Form Al) -Resolved by the.— Cj 5--C- un c i 1_,_ -- —... ................... (City a —WA bond of trorter or other 9--rolo9 body) .. of Morro B tow or county, that pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water nPPlig, applicatioi by this—.__ C i. tY. — ................be made to the State Department of Health, for a permit to (Clb. tow or ra®ty. atc.) AFaa.ant moo arm .aadst. what 4--`--'j-11—V J �_ ��Ic-r i L r 14a 1. I UU C1 W1 10 C9 ito b poi wPaod `-_ _ to rmm.R ow worb. no o "Udol "or1o, to metro o)tentim. or ed(Udo. la on the Jody Giannini property in the Morro Basin for a temporary emergency supplemental vorb or .orrrcc. cod .hte nature d Improvement in "A' Fa —rate de5d[ely wore or worse. of m •— DVtY. kind d wrb o.d or aooddered (n mac) :municipal water supply for the City of Morro Bay in times of water shortage. and ryedfr the )ouaty to be ..nod. AdditimJ .beat may be attached. ------ that the_-C-i..t y A d m i o i c t r a toy (Tft6of.--��- ,) fsaid.—_City Council (city aouoo'L b-ud of trnt. or otbor `o aroma body) be and be is hereby authorized and directed to cause the necessary data to be prepared, and investigations to be made, and in the name of said__..._--_ � - Y_.____•_..__ ...... .... —........ .to sign and file such application with the (City. town or ownW, etc) said State Department of Health. Passed and adopted at a regular meeting of the..... CA ty.... Cp u.n.c i.l ._.._.___._....-----,. - ............................. — (Gowrnfos body) ofthe._._�!tY• of Morro Bay ..onthe..._.28th-_. Novemb r-- 88--. (CIV, town or ooanb. ic) ..------ _• Y AFm OFncrwr HMz 5E., DALE REDDELL, Mayor �- it of Morro Ba Clerk of saicLC-..Y._... - - - --- Y -- -- — ...._._...... -- . (Ctb. cow or oamty. ata-).................................. CH rnt ...... peer W~ suppaaa, ram At, ud Cerpaanea or 0a9 sabdhhlm) STATE OF CALIFORNIA Application from ....... C i two f Morro B a y (Hama of mmldpaaty or daa apbdlddoa) organized under ....... General Law City - July 17, 1964 (Smo ..6M6n aP cW shartv or under caataal law. Or class and dab of loeorpontloo) .^ To the State Department of Health 2151 Berkeley Way Berkeley, California 94704 Pursuant and subject to all of the te.ms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application is hereby made to said State Department of Health for a permit to -------- O.Q.R.S .. r u CL­- 101,tili7e an—P1(jStino nrivatPlv_-nwnPrl j,r„rjnatir±.__r•,cr.jj_locntgd AWlimt cove nun apedfc ny ab t L bloc applied br—.6etbar to oaosOucl nw woeq m use adrtlnt r rrd> m make albr.dom or additlm In o.rL..i:h-e.s14�Y_Sil.slnnini orQoertv_in lbt-J1(rr(LBasin fnr—&n-apa_rQPn-cy..-temn rary ""des or aorrrces sad abb mho r of forprmmaot in ..odo. En®erate definitely source or aoemss of supply. kind of w Acs wed or coaddered (If knooa) municipal watersupply for the Cit1 m;;iir 16. loralip• m b w.,v i Additional rho. m" to amrLed. AFFIX OFFICIAL. SEAL HERE Attest. �S..fLLLd� (Slrytun of dad or onrrespwdlna •o6da7 .—... .dth ut4 ud port ofaoa mki or,) of Morro Bay'in times of water shortage. Not GARY NAPPERz­.City Administrator 595 Harbor Street Morro Bay CA 93442 _` Nom Before making application for permit, such action must be authorized by resolution of the governing board, mbttanWy in the form furnished by the Sate Department of Health (Domestic Water Supplies, Form A2) and a copy of such resolution, duly certified by the clerk of such board, mutt accompany, the application. car '�� — - n <n RESOLUTION No. 134-88 A RESOLUTION REJECTING THE ❑FFERS OF DEDICATION OF PUBLIC UTILITY EASEMENTS MADE ON PARCEL MAPS MBAL 88-070 AND 072 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 Morr❑ Bay, California, on the 20th of June 19BB, did approve tentative Maps MBAL 88-070 and 072; and WHEREAS, offers ❑f dedication for Public Utility Easements were made on behalf of the Public on Parcel Maps MBAL 88-070 and 072 for which the City has n❑ need; and WHEREAS, Section 66g77.1 of the Subdivision Map Act requires the City t❑ reject any offer of dedication it does not wish to accept. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California does reject on behalf ❑f the Public the offers of dedication for Public Utility Easements made ❑n Parcel Maps MBAL 88-070 and 072. PASSED AND ADOPTED by the City Council of the City ❑f Morro at a regular meeting held thereof on the 28th day of November, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor atte�st:�,���_�/ ARDITH DAUIS, CITY CLERK 2 If 3 �fi v sCE a r 0 a 2 rev :i i�a :°o Y d`���E€ A R a q t s I • � �i g w SR ,AE � F AFR�' E4�e: aF.€4�0R � gg gp e R.a r � RC�Eti A ' �CAti e pp9n n F Ogg-geAr nR _ 'ya8� vT ® a s gy&n n4 � <� q8 5T - ' a�Rn Xy F4RG �'�•£ ^b`q�n Q CRF?'e£ aa3 n Sac i'r: q�4B�q k�.'aC R R g�aa `fill a i' a g9i F � aA�G Hp!v� z 4 a � q=c6 Z k: S'$P k Fla�� agBER`��n p ti g_ 3 ai Q as RESOLUTION NO. 133-88 RESOLUTION APPROVING THE CITY OF MORRO BAY TRANSIT DEVELOPMENT PLAN, FY 1988/89 - FY 1992/93 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay adopted on May 9, 1988 Resolution No. 40-88 awarding RFP No. PW88-120 to JKaplan and Associates, a transit consulting firm, to update the City of Morro Bay Transit Development Plan (TDP) for the period FY 1988/89 through FY 1992/93; and WHEREAS, the consultant has prepared said TDP in accordance with City, State, and Federal statutes and regulations; and WHEREAS, the City Ad Hoc Transit Committee has reviewed the proposed TDP and unanimously voted on November 15, 1988 to recommend to the City Council the approval of said TDP as submitted; and WHEREAS, the City Planning Commission reviewed said TDP on November 7, 1988, conducted a public hearing, determined that said TDP conforms to the City's General Plan and its various elements, and unanimously voted to recommend to the City Council the approval of said TDP as submitted; and WHEREAS, said TDP complies with City objectives, criteria, and procedures for the implementation of the California Environmental Quality Act (CEQA); and WHEREAS, the City Environmental Coordinator has determined that the adoption and implementation of said TDP will not result in any significant adverse impact on the environment and therefore qualifies for the filing of a Negative Declaration for the purposes of CEQA; and WHEREAS, the City Council hereby approves said determination by the City Environmental Coordinator and hereby finds that the adoption and implementation of said TDP will not result in any significant adverse impact on the environment and therefore qualifies for the filing of a Negative Declaration for the purposes of CEQA; and WHEREAS, the City Council has conducted a public hearing to receive public comments regarding said TDP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The above recitations are true and correct and constitute the findings of the City Council in this matter; and 2. The proposed City of Morro Bay Transit Development Plan, FY 1988/89 - FY 1992/93 is hereby approved as submitted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of November, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: C I DALE REDDELL, Mayor ARDITH DAVIS, City Clerk RESOLUTION NO. 132-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING AND APPROVING A CONDITIONAL USE PERMIT (CONCEPT PLAN) ADDITION TO AN EXISTING LEGAL NON -CONFORMING T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. CUP 44-88 (CONCEPT PLAN) THE APPEAL TO ALLOW AN USE WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 19th day of September, 1988 and the 4th day of October, 1988 held , duly noticed PUBLIC HEARINGS to consider the request of David Ross for a Conditional Use Permit (Concept Plan) to allow an addition to a legal non -conforming use for property located in the CF, PD district at 1245 Embarcadero; more particularly described as: APN: 66-351-11 Lease Sites 134, 135, 136, & 137 WHEREAS, 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. WHEREAS, after said PUBLIC HEARINGS the Planning Commission did deny the request by adoption of Planning Commission Resolution No. 68-88; and WHEREAS, on the 6th day of October, Mr. Ross did appeal the Planning Commission's action to the City Council; and WHEREAS, on the 14th day of November, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; 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 upholding the appeal and approval of the Conditional Use Permit: The use requested is properly one for the CF, PD zone, and is consistent with the policies and objectives of the Morro Bay General Plan and Coastal Land Plan; and 0% 6 City Council Resolution No. 132-88 Page Two 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, 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. 4. The building enlargement requested does not constitute an expansion of use and therefore does not violate Measure D. 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 uphold the appeal and approve of Case No. Conditional Use Permit 44-88 (Concept Plan), 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 November, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: lobs CONDITIONS OF APPROVAL Case No. CUP 44-88 (Concept Plan) STANDARD CONDITIONS 1. This Conditional Use Permit (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. 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 — CUP 44-88 (Concept Plan) Page Two SPECIAL CONDITIONS: 7. The exhibits submitted for Precise Plan approval shall restudy the site design relevant to: a. the provision for potted landscaping; b. the provision for a sign program more consistent with the present sign ordinance; C. any exterior remodeling shall be inconformity with the adjoining building to the north. 8. Existing debris located on the south —end of the applicant's lease site shall be removed. As part of the precise plan approval, the applicant shall provide appropriate pedestrian furniture and potted landscaping to be approved by the Director at this location. 9. The applicant shall sign a letter of understanding to be prepared by the City, and to be made part of the use permit, acknowledging his location within an area designated by the City and California Coastal Commission for priority use by the commercial fishing industry and that his business may be subject at times to the effects of noise, odor, and vibration normally a part of a working harbor. 10. The 416 square foot addition hereby approved shall not in the future be converted to customer service area. i c 0 v a V d N 0 a 0 3, a N 11 IN I a v u c 0 U CO 00 ir �t I c'1 C- i� u OLLJ — O U i 0 ' I k�� l 1! i � •1 .i I � I O 0 RESOLUTION NO. 131-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO A ALLOW SECURITY RESIDENCE AND STORAGE FACILITY FOR ROOFING MATERIALS AND EQUIPMENT T H E C I T Y C O U N C I L City of Morro Bay, California CASE NOS. CUP 32-88/CDP 80-88R WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 6th day of September, 1988 held a duly noticed PUBLIC HEARING to consider the request of Rick Montgomery for a Conditional Use Permit and Coastal Development Permit to allow a security residence and storage facility for roofing materials and equipment on property located at 1045 Allesandro in the C-2/S.4 zone; more particularly described: APN: 66-091-23 LOT 17, BLOCK 9 Morro Bay Vista Tract No. Town of Morro Bay County of San Luis Obispo State of California WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of 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, after said PUBLIC HEARING the Planning Commission did approve the request by adoption of Planning Commission Resolution No. 57-88, with conditions; and WHEREAS, on September 16th, Frances and Harry Pollick, and Randi and Richard Schoneman did appeal the Planning Commissions action; and WHEREAS, on October 24, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; 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 deny the appeal and uphold the Planning Commission's approval of the request: City Council Resolution No. 131-88 Page Two CONDITIONAL USE PERMIT 1. The project will not be injurious or detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 3. The project will not be injurious or detrimental to the general welfare of the City; and 4. The project is in conformance with the Local Coastal Program and applicable zoning regulations. COASTAL DEVELOPMENT PERMIT 1. The proposed project is consistent with the certified Local Coastal Plan and applicable provisions of the certified implementing ordinances. 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 and uphold the Planning Commission's approval of Case Noe. CUP 32-88/CDP 80-88R, 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 November, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None -i;a DDEL Ma- yor W-- ATTEST: Conditions of Approval - CUP 32-88/CDP 80-88R Page Two SPECIAL CONDITIONS 7. No tar pots or hot mops shall be permitted to be stored on the property until the new storage building, approved by this permit, is completed. Tar pots and hot mops shall then be stored only within the enclosed building and only when cold. 8. The proposed parking plan shall be revised and approved by the Director prior to the issuance of a building permit. 9. The applicant shall provide and maintain a ten (10) foot frontyard setback. 10. A landscaping and screening plan shall be submitted and approved by the Director prior to the initiation of the first phase, and shall meet all standards as outlined in MBMC Section 17.48.290. 11. A sign program shall be submitted and approved by the Director prior to the initiation of the first phase. Said sign program shall not exceed a total sign area of twenty (20) square feet. 12. No construction shall take place prior to the award and approval of water equivalencies by the City. 13. Water saving devices shall be required in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Inspector. 14. Curb, gutter, sidewalk and street trees shall be installed in conformance with City standards and as approved by the City Engineer, during the third phase of construction. 15. Prior to the issuance of a building permit, the applicant shall submit engineering calculations to demonstrate that the proposed on -site storm drain facilities are capable of carrying peak flow run-off from a 25-year storm. 16. No more than two work related vehicles shall be permitted on site until the third phase is completed. 17. Employees shall be limited to three persons, including the owner. 18. This Conditional Use Permit shall be permitted for a period of twelve months at which time it shall be reviewed by the Planning Commission. CONDITIONS OF APPROVAL Case Nos. CUP 32-88/CDP 80-88R STANDARD CONDITIONS 1. This Conditional Use Permit and Coastal Development Permit, are granted for the land described in the application and any attachments thereto, and as shown on 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 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. 3. 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. 1 � car .cr.:L�sr YI 0 i T n 1 C 1 m (-) x r N co m L o - 1 1 C i m c:• x A i i i tc ' CN I ieti � i ti I I El i I v Pill II - n � n oEn y I a 4 � \ \ > L / 9 / - P p \ \ \ 9 L : I [] � § � \ i w b }� � � \ \ \ \ { , !> � < RESOLUTION NO. 129-88 RESOLUTION AWARDING LEASE TO HAROLD J. AND RITA B. ANDERSON FOR LEASE SITES 91-92/91W-92W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Harold J. and Rita B. Anderson have been tenants of Lease Sites 91-92/91W-92W and operators of the Galley Restaurant since 1966, and; WHEREAS, maintenance obligations for the Lease Sites are currently unmet and the parties desire to formalize said maintenance obligations, and; WHEREAS, the Andersons desire to extend the term of their lease, and; WHEREAS, the City of Morro Bay desires to convert the existing County type lease agreement to the most current City type lease covering these premises; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the granting of a new lease agreement to Harold J. and Rita B. Anderson for Lease Sites 91-92/91W-92W, and; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign any and all documents required 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 14th day of November, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None �DALE REDDELL, MAYOR /000i(. �L�sce ARDITH DAVIS, CITY CLERK to a NO. 128-88 TION APPROVING CONSENT TO SUB -LEASE PORTIONS OF LEASE SITE 105.1W TO ABALONE UNLIMITED RESEARCH, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Abalone Unlimited Research, Inc. is currently a Tenant of the City of Morro Bay raising abalone and performing associated research, and; WHEREAS, Abalone Unlimited Research, Inc. has need of additional space for growing tanks, and; WHEREAS, Abalone Unlimited Research, Inc. has been an acceptable tenant, and; WHEREAS, development of Abalone hatchery techniques provides a needed service to the commercial fishing industry, and; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Consent to Sub -Lease portions of Lease Site 105.1W to Abalone Unlimited Research, Inc., subject to receipt and approval of all required documents by the City Attorney and; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign any and all documents required 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 24th day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None M-m- -- � blb• ���eiGTL. .Ei ARDITH DAVIS, CITY CLERK RESOLUTION NO. 127-88 A RESOLUTION ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM LAND USE PLAN TEXT AND MAP WITHIN PLANNING AREA 2. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on the lath day of February 1987, the City Council adopted interim Ordinance No. 301, prohibiting development within certain specified portions of the City of Morro Bay, and later extended the Ordinance until February llth, 1989 or until the completion date of the plan of study and effective date of related zoning ordinance amendments, whichever first occurs, in order to allow the City to evaluate alternative land use plan designations and planning standards; and WHEREAS, the Council initiated the necessary planning studies intended to alleviate the conditions which led to the adoption of the urgency ordinance, and whereas such studies were diligently pursued thereafter; and WHEREAS, in order to facilitate the broadest possible public and agency participation and comment, numerous public meetings and workshops were conducted by the City to present and discuss information being generated by the City's study and to review planning objectives, options and effects; and WHEREAS, to further increase opportunities for full public involvement in the planning process, the City Council appointed a citizen's advisory committee consisting of representatives of various interest groups, residents, and property owners within the study area; and WHEREAS, in June, 1988 the City's consultants completed the various studies concerning amendments to the Local Coastal Program Land Use Plan and Zoning Ordinance, and transmitted these studies and related recommendations to the City for consideration; and WHEREAS, on May 16, 1988 the citizens' advisory committee completed its public hearings and study concerning amendments to the Local Coastal Program Land Use Plan and Zoning Ordinance and submitted them together with their recommendations to the consultants, Planning Commission and City Council for consideration; and City Council Resolution No.127-88 Page 2 0 WHEREAS, the consultant's report, the citizens' committee report and related materials were publicly noticed and made available for public and agency review in compliance with all requirements of the California Coastal Act and the Coastal Commission's administrative regulations; and WHEREAS, on June 20th, July 5th, and July 14th, 1988 the Planning Commission conducted duly noticed PUBLIC HEARINGS to consider reports and recommendations from the citizens' committee, consultants and staff concerning possible amendments, and on July 18th 1988, recommended that the Land Use Plan and Implementation Program texts and maps be amended to provide for various modifications and transmitted such recommendations to the City Council for consideration; and WHEREAS, on July 25th, the City Council conducted a duly noticed PUBLIC HEARING to consider the proposed amendments and extended the public review period an additional six weeks to September 16, 1988 in order to maximize opportunities for public and agency input, and referred additional materials to the Planning Commission for review and further recommendations; and WHEREAS, on August 15th, 1988 the Planning Commission conducted a duly noticed PUBLIC HEARING to consider the items referred by the City Council and then transmitted its recommendation back to the City Council; and WHEREAS, on August 22nd, October 3rd, and October 24th, 1988 the City Council did conduct duly noticed PUBLIC HEARINGS to consider the supporting materials, referral report of the Planning Commission, and various recommendations concerning possible amendments to the Local Coastal Program; and WHEREAS, the City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contemplated amendments to the Local Coastal Program and the supporting information are exempt from CEQA as the functional equivalent of an EIR and that for purposes of CEQA the Coastal Commission is the lead agency, and no further documentation is necessary by the City, and WHEREAS, the Council does hereby find the following facts to substantiate and necessitate the contemplated amendments to the Land Use Plan: 1. Significant changes Use Plan was drawn Revision and changes physical conditions gained in application community has grown citizens; and have occurred since the original Land up and approved over five years ago. are warranted by both the altered of Morro Bay and by the experience of the Coastal Act requirements as the and responded to the needs of its City Council ResoldWon No.127-88 Page 3 2. There is a need to reduce the potential impacts of people on the environmentally sensitive sand dune habitat by reducing the amount of future residential development in the area and limiting public access points through the dunes; and 3. There is a need to increase the positive efforts of the City to care for and improve the environmental resource base by land use planning and regulatory measures aimed at ensuring the best possible stewardship of the environment; and 4. It is necessary to modify the boundaries of the designated sand dune ESH area to accurately reflect the actual location and extent of the habitat; and 5. It is incumbent on the City to bring about improved protection of the snowy plover, a candidate endangered species through redirecting and limiting access to the shoreline and through land use plan modifications that reduce impacts to the habitat; and 6. There is a need to enhance protection and retention of traditional public views to and along the sand dunes, shore and ocean for travelers on Highway One northbound and southbound by expanding and better protecting the designated public view corridor; and 7. There is a need to modify the range and extent of allowable uses to provide an opportunity for higher priority and coastal -dependent uses as set forth in the Coastal Act to utilize the area; and 8. There is a need to provide for additional passive and active recreational uses within the area not reflected in current plans; and 9. A reduction in the overall potential intensity and extent of development will benefit the City by reducing demands on service requirements including lower levels of municipal services including water and roadway development; and 10. The contemplated amendments are internally consistent with other portions of the Local Coastal Program, and are consistent with all elements of the City's,adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council of the City of Morro Bay hereby finds that the above statements are true and correct and constitute the findings of the City Council in this matter; and 2. The City Council of the City of the City of Morro Bay does hereby adopt amendments to the Local Coastal Program Land City Council ResoldWon No. 127-88 Page 4 Use Plan text and maps as shown on and B which are made a part of incorporated herein by reference; and the attached Exhibits A this resolution and 3. Such amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify said amendments; and 4. Said amendments shall take effect immediately and automatically upon such certification by the California Coastal Commission; and 5. The City Council of the City of Morro Bay, California does hereby find that these Local Coastal Program Land Use Plan amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City of Morro Bay will carry out the Local Coastal Program, including these amendments to the Land Use Plan in a manner fully consistent with the California Coastal Act and all its provisions. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of October, 1988 by the following roll call vote; AYES; Donnelly, Lemons, Sheetz; Reddell NOES; Odell ABSENT; None 1:\:1�)YYO��L•\�If.`l�Kii3N[Tli 9 i EXHIBIT A AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE PLAN TEXT NOTE: Text within brackets and underlined is deleted; bold text is added. All other text remains unchanged. Page 14, item 2.b is modified to read: Development proposals have included planned residential development and motel development. No development plans have been approved by the City. The State of California Chas set aside funds to) recently acquire d the area known as the Cloisters r Parks and Recreation purposes. Page 14, item 2.c. is modified to read: The major coastal issues within this area include: access and recreational use, hazards (flooding and drainage), visual impacts, locating and planning new development including consideration of coastal priority uses and protection of sensitive dune habits... Page 22, paragraph C.1, the LUP should be amended to read: Residential Land Uses [Four) Five residential land use categories are established to provide for a wide range of densities. The purpose is to ensure that residential land is developed to a density suitable to its location and physical characteristics. One type of residential development that the City would encourage is cluster development. Some of the advantages include increased open space, better visual qualities, additional preservation of sensitive sites, decreased cost of municipal services and an opportunity to provide more affordable housing. Density ranges are as follows: Limited Density - up to 2 dwelling units per acre Low Density - up to 4 dwelling units per acre Low -Medium Density - 4 to 7 dwelling units per acre Medium Density - 7 to 15 dwelling units per acre High Density - 15 to 27 dwelling units per acre Page 25, item 4, is modified to read: School: This land use category is applied to areas devoted to public school sites. Exhibit A/LCP Text � ndments Page 2 Page 25, item 4 (which has now become item 5), "Other Land Uses" is modified to read: There are seven additional land uses which are designated within the City. These are Agriculture, Mariculture and Marine Research, Harbor and Navigational Ways, Open Space/Recreation GorT School, and Mixed uses. Page 25. A new paragraph is added between the description of Agriculture and Harbor and Navigable Ways and will read: Mariculture and Marine Research: This designation applies to areas within the City that, because of their location adjacent to sources of seawater, and their relationship to adjacent land uses, have been determined to be suitable for the propagation and rearing of ocean fish and shellfish. Uses allowed in these areas are coastal dependent mariculture activities that must be served by seawater intake and discharge pipelines in order to function, and includes other directly related uses. Mariculture facilities include buildings, tanks, raceways and pipelines used for breeding, hatching, grow -out, and related research, and administrative offices and educational facilities. Processing of mariculture products such as cleaning, shelling, canning or packaging is expressly prohibited in such areas. Page 25, a new paragraph is added to read: Golf Course: This designation provides for golf courses and related facilities such as club houses, pro -shops, maintenance buildings, parking areas, and irrigation systems, and also provides for passive recreation activities including walking and bicycle paths, picnic areas, play areas and similar quiet recreational activities. Page 26, the first incomplete paragraph, shall be followed by a new paragraph to read: In addition, the mixed land use designation may apply to.certain vacant parcels that because of their large size, can accommodate two or more types of uses with careful planning. The following descriptions of these areas shall be the basic planning policy for these areas. Insert Figure 5a as page 27a. Beginning on page 28, the following language is added: Mixed Use Area G: Mixed Use Area G is currently owned by the Keyoto-Natalie Corporation, formally known and sometimes referred to herein as the VRM is a large vacant area of approximately 84 acres. The intent of the mixed use designation on this large vacant property is to provide for a range of land use opportunities emphasizing coastal dependent, recreational, and Exhibit A/LCP Text�ndments Page 3 limited, low intensity residential uses, consistent with the priorities of the Coastal Act. These uses include Environmentally Sensitive Habitat, Coastal Resource Residential, Golf Course, and Mariculture and Marine Research. A related objective is to ensure the restoration and long term protection of environmentally sensitive habitat areas found within the area, and to retain the traditional public views of the sand dunes, shoreline and ocean from Highway One. Future development proposals for the area will be considered based upon coordinated and integrated plans that are found to be consistent with all applicable provisions of the City's Local Coastal Program and with the Coastal Act and California Environmental Quality Act. Future development plans for this area shall be consistent with the policies set forth in Specific Policy 0.6 below. Page 29, following Policy 0.5, a new section is added to read: E. SPECIFIC LAND USE POLICIES Policy 0.6 Development within Mixed Use Area G. Land Uses Permitted The following kinds of land uses may be permitted or conditionally permitted at locations within Mixed Use Area G as designated on Figure 5A, and as shown on the Land Use Plan and zoning maps. a. Environmentally Sensitive Habitat (ESH). Portions of Mixed Use Area G designated as ESH, generally the sand dunes, shall be limited to uses consistent with existing LUP policies and Morro Bay Municipal Code, Chapter 17.42. No residential density credit accrues from this area. b. Coastal Resource Residential. Portions of the area, generally adjacent to the Atascadero Beach Tract on the north, Morro Bay High School on the south, and outside the public view corridor designated by Figure 32, may be used for single family detached residences with minimum lot areas of 6,000 square feet and consistent with Chapter 16 of the Municipal Code. Density credit derived from the overall area designated as Coastal Resource (Limited Density) Residential on the Land Use Plan Map with a base density of up to 2 units per acre, may be transferred to the areas outside of the public viewshed, and residences may be developed at higher densities within those areas, subject to the minimum lot sizes set forth above. C. Golf Course. A golf course may be located within any portion of Mixed Use Area G except for the ESH area, and may be developed in combination with other uses, or as the only use. Golf club, pro -shops, and other facilities involving permanent structures shall be located outside the public view corridor. Exhibit A/LCP Text Sendments • Page 4 Parking for a golf course may be located within the public view corridor so long as it is adequately screened by landscaping. Passive recreational uses are also encouraged within this area. d. Mariculture and Marine Research. Mariculture and marine research facilities may be located in the southern one-third of Mixed Use Area G and outside the public view corridor designated in Figure 32, and as provided in the Mariculture and Marine Research land use and zoning designations. Mariculture grow -out tanks and raceways not exceeding 4 feet in height above grade pursuant to Morro Bay Municipal Code Section 17.12.310 (B) and as hereafter amended may be located in other portions of the southerly one-third within the view corridor, but may not be located in those areas designated as ESH area. 2. Development Limitations and General Performance Standards Detailed policies and performance standards affecting development within Mixed Use Area G are contained in various sections of the Land Use Plan and zoning ordinance and must be complied with in any development proposal. Basic policies and standards include but are not limited to: a. All uses shall be conditional uses subject to use permit procedures of the base zoning district and the Planned Development suffix zone. b. Structures shall be limited to a single story in height and shall not exceed 14 feet above grade pursuant to Morro Bay Municipal Code Section 17.12.310 (B) and as hereafter amended. C. All permanent structures in excess of 4 feet in height above grade pursuant to Morro Bay Municipal Code Section 17.12.310 (B) and as hereafter amended shall be limited to the area outside the public view corridor shown in Figure 32. The only exception shall be a small public restroom associated with recreational uses. d. All development shall conform to City and federal flood control regulations. e. Subdivision shall be phased to ensure the orderly provision of public services in compliance with City regulations and Coastal Act priorities. The northerly portion of the property shall be subdivided first, and not less than 75% of the residential lots created shall have homes completed upon them prior to City approval of any final residential subdivision map on the southerly portion of the property. f. Permanent structures associated with mariculture and marine research uses should be clustered at the south end of the property as far back as practical from the public view corridors. Rustic architecture should be used and landscaping should be provided to screen buildings, service and parking areas. More Exhibit A/LCP Text Wndments Is Page 5 that one tenant may occupy the site, and development of a small research and educational complex is encouraged. Mariculture activities shall be limited to research, hatchery, and grow out; processing of mariculture products such as cleaning, shelling, canning or packaging is expressly prohibited. f. Golf course development shall be carefully controlled to prohibit the use of environmentally damaging herbicides, pesticides, and poisons. Landscaping shall be with native plants, except for tees and greens. Irrigation should be limited to reclaimed wastewater or brackish water, and only if no adverse environmental impacts to the ESH area will result. g. Restoration and establishment of a permanent management program for the ESH area shall be required as a condition of development within the area. h. Lateral accessways shall be provided according to the location of historically used portions of the site and projected future use by residents, and shall include the provision of continuous lateral access across the site. Lateral public access through the area shall be provided as a condition of development approval. Excessive vertical access to the shoreline is discouraged due to the presence of nesting Snowy plovers on the beach and within the dunes. A public bike path in accordance with the Circulation Element of the General Plan shall be provided as a condition of development approval. i. Development proposals within Mixed Use Area G may require a greater level of public access to Highway One than is now available via San Jacinto Street. The City shall consider approval of proposals that require a greater level of access, only if the necessary land can be acquired by the developer without financial cost or legal action by the City. j. The suitability of locating or the need to site a future City fire station within the northeast part of Mixed Use Area G should be considered by the City during the review of applications for development of this area. Page 43, item 2.a is modified to read: Cloisters Parcel: This (privately owner state-owned, eight -acre beach front parcel is Tocate_d at —the west end of San Jacinto Street. It was once the site of the old, long -removed Cloisters Hotel, and has been used historically and extensively for public access. (The state is attempting to secure fundingto buy the property as an extension of Atascadero Beach._ Page 43, item 2.b. is modified to read: VRM American West Properties) Mixed Use are G: This privately - owned ;'87�-80 p us acre, expanse of open land is sandwiched) situate etween Morro Bay High School and Azure Street. It also Exhibit A/LCP Text lendments Page 6 historically has been used for lateral and vertical access. It contains a large area of sensitive sand dunes abutting the eastern edge of Atascadero State Beach. (Slated for low/medium density residential development in Morro Ba s an se ement. The area as ben, and continues to bed e su je c of lawn an3 road development proposals that could affect public access to the dunes and beach. Planning for the area needs to ensure a balance between continuation of lateral and vertical access within and through the property, while at the same time conserving the sensitive plant and wildlife resources present. Page 49, following policy 1.12 a new heading is added to read: Area 2 - Mixed Use Area G. Page 49, the first paragraph policy 1.13 is deleted as follows: Page 49, policy 1.13 a. is relocated to page 213 as policy 11.21. Page 50, policy 1.13 b. is relocated to page 227, and added to revised policy 12.02 B. Page 50/51, policies 1.13 c.,d.,e., and f. are modified to read: a. Three Two vertical accessways to the beach shall be ded, one each on the north and south portions (sidesof arcel. {and an additional vertical nrrPanwnv +hrniah1+hn coiiector street.}_ me southerly accessway shall --be—evelopea only inithe event the southerly portion is developed for residential purposes. The accessways shall be of sufficient size to guarantee accommodation of existing and projected intensity and kinds of use, but in no case shall the accessways be less than 10 feet in width. Specific access requirements shall be designated during architectural and as part of the permit ,(review) app ication process and shall be based on historical and projected use (Refer to Policy 1.07, for general criteria related to prescriptive rights questions.) Lateral accessways shall be provided according to the location of historically used portions of the site and projected future use by residents, and shall include the provisions of continuous lateral access across the site. -The northern vertical accessway shall be the primary accessway or Purring resources a the beac ah na can beeve ode_ -- con3unction with ie —GTois ers par parce vertical access improvement reY-erreT fo in -Policy-1-127Access easements may lie d. b. Public parking shall be developed and provided adjacent to the (western termini of the northernmost vertical accessway, Exhibit A/LCP Text Mbndments Page 7 1� adjacent to the eastern termini of the mi an3-adjacent�o-fhe } eastern -{£erini e ver ical accessways.- The (precise_ hum e each accessway shall be determined at review but in no case shall be less than southernmost and middle access. A Brea be _required at --the northernmost ernnmost access. ) C. {A north -south public collect s lexi -a r of parking spaces for the time of development 15 spaces. {each at the street connectin r_t cne seaward side or the street. rne) it a north-soutn collector streetis require o serve future development within the area, it shall be located on the eastern edge of the site, and shall include class I bicycle paths based on standards contained in the Circulation Element of the General Plan. f. Improvement of public access and parking shall be completed prior to final project approvals of development projects on the Page 209, Policy 11.04 is modified to read: No land division shall be allowed in the environmentally sensitive habitat areas of wetlands, sand dunes, stream beds and endangered wildlife habitats as designated on Figures 6 and 28, unless the land division is for the express and sole purpose of transferring the property to a public management agency or for some other bona -fide conservation purpose. Page 213, new Policy 11.21 is added by relocating and modifying policy 1.13 a. from page 49: The following environmental standards shall apply to development of the large privately owned parcel located between Morro Hay High School and Azure Street on the west side of Highway One referred to herein as Mixed Use Area G and formerly known as the VRM property. The sand and dunes area between the mean high tide line and the easternmost line of dunes, and the marshy lowland habitat areas shall be adequately identified and mapped as part of the information submitted with any development plans for the area. The sandy beach portion of the parcel shall be designated as open space/recreation. The dunes areas and marshy lowland habitat l � Exhibit A/LCP Text Indments i Page 8 area shall be designated as environmentally sensitive habitat. A buffer setback of no less than 50 feet (if fenced, 100 feet if not fenced) shall be established after mapping of the habitat boundaries has taken place. The mapping and proposed buffers shall be subject to review and comment by U.S. Fish and Wildlife and California Department of Fish and Game. Recreational use of this portion of the site shall be limited to passive recreational uses which do not conflict with the habitat values. Dedication of beach and dune area to the state is (required) encouraged for proper management. Prior to {dedication of -the beach and dune areas._} approval of any development plans -the applicant sliaiI ensure restoration, enhancement and protection of the dune and marsh habitat areas. The restoration -enhancement -protection program shall be submitted for review and comment by U.S. Fish and Wildlife and the California Department of Fish and Game, and suggested {mitip�ation measures] modifications shall be incorporated --info tiie program after review by {the relevant resource protection agencies_ these agencies. Page 213 New Policy 11.22 is added to read: Policy 11.22 The precise location and thus boundary line of Environmentally Sensitive Habitat areas shall be determined based upon a field study paid for by the applicants and performed by the City or City's consultants and approved by City Council and/or their appointed designee. Page 227, Policy 12.02 H is deleted in its entirety and new language is added to read: (note: the first paragraph below is relocated from page 50, policy 1.13 b.). The City shall require a detailed development plan for Mixed Use Area G consistent with Policy 0.6. Any development shall be subordinate to the unique and sensitive visual character of the area. Jand shall contain visual corridors and standard as defined in PoTicv Imo.-20- B`iri the "LUP:- Zn aad3"tion�eve7onmenf shall include areas of clustered -development, varying building heights, roof lines and setbacks, visible common open space areas and landscaping controls which ensure that full grown tree species are selected for heights which do not obscure views. The development plan shall preserve to the maximum extent feasible traditional public visual access from Highway One of the dunes, Morro Rock, and the open ocean and coastal headlands to the north. The plan shall at a minimum include the following visual resource design standards: 1) The public view corridor from Highway One is established as defined in Figure 32. As a condition of future development approval a long term scenic conservation easement agreement shall be entered between the property owners and the City covering the Exhibit A/LCP Text Wndments Page 9 area within the designated public view corridor. Within the view corridor the following development limitations shall apply and these shall be reflected in the scenic conservation easement: a. no structure shall exceed four (4) feet in height above grade pursuant to Morro Bay Municipal Code Section 17.12.310 (B) and as hereafter amended except for small public restrooms, b. landscape screening shall not exceed eight (8) feet in height, or block more than 10`L of the viewshed from Highway One, C. only open space, lateral access, parking areas, golf, passive recreational uses and mariculture activities shall be allowed in the public view corridor. Page 229, Policy 12.03 is modified to read: Development between State Highway One and the ocean in Planning Areas 1,2, and 5 shall provide view corridors as defined in Policy 12.02B and by Figure 32 jVRM visual ppo�licy) so as not to significantly block views of travelers on tle Highway. New development shall be subordinate to the character of its setting and shall be visually compatible with the surrounding areas. Page 230, Policy 12.06 is modified to read: New (residential) development in areas....... A new figure 32 shall be added as page 232. Q, NORTH i r ` i 1\{ 1 F l Lfi ;s Sr .: l• .11{ t`l Pi�C F5,1. k111� 1 q 1 el• %£h11r ri t l `11s I z G CRR/GC/PD Limited Density Resi- dential/ Golf Course/ "'—�... Planned Development MMR/CRR/ Mariculture and Marine I II GC/PD Research/ I Limited Density Resi- dential/ Golf Course/ Planned Development ESH Environmental Sensitive -� Habitat SCH School LUP Plan Map Amendments Area 2 EXHIBIT B "ll t'1 FIGURE 5a 4 NORTH BOUNDARY FOR MIXED USE I AREA "G" EXHIBIT B 0 F � Qlp,\ .. NORTH I` I ?r c�:PYb11C JIrM1 COe[id0� � w I J-. 11 .o .oI,. . � .usc.ocao 1 o \'\I I PUBLIC VIEW CORRIDORS FIGURE 32 EXHIBIT B 0 6 RESOLUTION NO. 126-88 A RESOLUTION ADOPTING THE DEL MAR PARR MASTER PLAN ,T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the updating and revision of park Master Plans is required from time to time to insure the parks meet the needs of the people in Morro Bay; and, WHEREAS, the Del Mar Park Master Plan is now ten (10) years old and surrounding property owners and the community at -large are suggesting revisions be made to the Plan; and, WHEREAS, the Recreation and Parks, and Planning Commissions have held public hearings on the proposed Del Mar Park Master Plan; and, WHEREAS, slight modifications to the Master Plan by relocating existing planned areas to alternate locations has met with acceptance of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council that the Del Mar Park Master Plan is hereby amended as attached hereto and marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of November, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: /. z / /1ff�A ARDITH DAVIS f . r NO. 125-88 A RESOLUTION ADOPTING THE CENTENNIAL PARKWAY MASTER PLAN T H E C I T Y C O U N C I L City of Morro Bay, Califcrnla WHEREAS, the development of park Master Plans is required to insure that the parks meet the current and future needs of the people in Morro Bay; and, WHEREAS, the Centennial Stairway Plan is now ten ( 10 ) years old and opportunities to enhance area use and amenities exist as well as create a landscaped corridor linking the waterfront and blufftop areas; and, WHEREAS, development of the area will enhance a portion of the waterfront and downtown areas; and, WHEREAS, the Recreation and Parks and Planning Commissions have held public hearings on the proposed Centennial Parkway Master Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council that the Centennial Parkway Master Plan is hereby adopted as attached hereto and marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of November, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK RESOLUTION NO. 124-88 DESIGNATING COLLECTION OFFICER MIMOSA STREET ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California RESOLVED by the City Council of the City of Morro BAY, California, that the Treasurer of said City, be, and (s)he is hereby appointed as the person to whom payment of assessments shall be made under Resolution of Intention No. 6-87, adopted by this Council on January 26, 1987, and that his/her office at the City Hall, Morro Bay, California, is hereby designated as the place at which the said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting said assessments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of October , 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None OW1 11 M iW5 O ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 123-88 AWARD OF CONTRACT MIMOSA STREET ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council did in open session on the 24th day of October, 1988, publicly examine and declare all sealed proposals or bids for the work to be done and improvements to be made, as described and specified in Resolution of Intention No. 6-87, adopted by said Council on January 26, 1987, to which resolution reference is hereby made for a description of the work and improvements to be done and the materials, supplies and equipment to be furnished. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the City Council hereby rejects all said proposals or bids except hereinafter mentioned, and hereby awards the contract for doing the work and improvements and furnishing the materials, supplies, and equipment necessary thereof, to the lowest responsible bidder, to wit: R. Burke Corporation, P. O. Box 957, San Luis Obispo, California at the unit prices named in said bid. 2. That the Mayor is hereby authorized to make and enter into a written contract with said successful bidder, and to receive and approve all bonds in connection therewith, and the City Clerk is hereby directed to attest her signature thereto and affix the official seal of said City thereon. 3. The award of contract provided herein is hereby made subject to the condition that an acceptable bond bid is received by the Council and an award of bonds is made. _- - - -- ____ _ --_--___-_-_- 11IIIj mp -r:- i:lrrr!'S'Y:_Y/�7.\. ~� �\11 ly, C l; i Tji It a. Zm ! 1'1\ ' F ION . � \ 11 i' I ,I II ', I `� I •• II / ,�� :1 F AI V L , 't/:: ;'t• �'•: li; .,11 �, �1 il! ,.'I�'i' frl � lff,�:,�i 1: p�p tf'r NO.t BffOONEQSjE., PAWN---- -'Tc- CATR--7t Ib MT 1 BNEMI JOB NO.- i tun SITE MASTER kAk Del Mar Park — Phase 2 CITY OR MORRO BAY 1BOB)??t-ltl4 DIRECTOR OR RECREATION A PAM$ - tTEPNEN A. POL?n w A • a \�v >' O is '• ,••: i i ���� 'IS1fiNi "Zr IE JR�:nM.P, Th��.Y3L1 ,S�rifi3M, oB�dm9t,Se�ifAlObvfgG 40 Exhibit "A" w Oxtlrd T NOWHtl0ntl AO tl0103tl10 - 4311O1A NHNd318 ►M-E/A (n0H) - AVO OxtlON lO A11J N1tlON ABM JB B UU8 UBr^) '1 d � 3 J OOHY I .0-e Lnn.l Hn. Are I 'n'1 I 'ON OOP Whoa alr0 NMrtlO n133NB t l0 i _,I +a' NVId d31St/W - 'I •r1 laaxolnaa •ox 133Nn JI- ac 133d1S. 13muvw Y� 1 C I �I�Illi I � IIIi��IIi��Illi IGuu i ,;ii. g -I-If p i m • Exhibit "A" a _— , y� %i_ Ir—•'�-�-'�. 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AtNI'11 'ON OW Mae slags t dO NVId U31SMW 1IV130 NMLNO—� '��'■'1 laaxolsaa •oNlaaNe 6 W Exhibit "A" PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None DA REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk FA • 0 RESOLUTION NO. 122-88 ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS MIMOSA STREET ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 26th day of January, 1987, the City Council adopted Resolution of Intention No. 6-87 to acquire and construct improvements in said City, and referred the proposed acquisition and construction of improvements to the Engineer of Work, he being the officer having charge and control of the acquisition and construction of improvements in and for said City of the kind described in said Resolution of Intention and being a competent person appointed by said Council for that purpose; and WHEREAS, the City Council thereby directed the Engineer of Work to make and file with the City Clerk a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; and WHEREAS, said report was duly made and filed with the Clerk, whereupon said Clerk presented it to the City Council for consideration; and WHEREAS, the City Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) maps and description of lands and easements to be acquired; (2) plans and specifications of the proposed acquisition and construction to be made; (3) itemized and total costs of said acquisition and construction; (4) diagram of district; and (5) an assessment according to benefits, all of which was done in the form and manner required by said Act; and WHEREAS, the City Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon the City Council, pursuant to the requirements of said Act, appointed October 24, 1988, at the hour of 6:00 o'clock p.m., of said day in the regular meeting place of the City Council, Veteran's Memorial Hall, 209 Surf Street, Morro Bay, California, as the time and place for hearing protests in relation to said proposed acquisition and construction of improvements, and directing the Clerk to give notice of said hearing as required by said Act; and 0 WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the documents on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, two (2) person(s) interested, objecting to said acquisition and construction of improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the Clerk at or before the time set for hearing, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisition and construction of improvements were fully heard and considered by the City Council, and the City Council has acquired jurisdiction to order said acquisition and construction of improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; and WHEREAS, it is in the best interest of this assessment district to retain said jurisdiction to construct said improvements and levy said assessments and issue said bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: 1. That the owners of one-half (1/2) or more of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against the said proposed acquisition and construction of improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisition and construction of improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisition and construction of improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisition and construction of improvements. FA 0 3. That the plans and specifications for the proposed acquisition and construction of improvements, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs are expenses in connection therewith, contained in said Report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisition and construction of improvements. 5. That the public interest and convenience require and the City Council does hereby order the acquisition and construction of improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the Clerk, reference to which is hereby made for a more particular description of said acquisition and construction of improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913. 6. That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisition and construction of improvements. 7. That the assessment of the total amount of the costs and expenses of the proposed acquisition and construction of improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively from said acquisition and construction of improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisition and construction of improvements. 8. That, said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 9. That the Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said 3 diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate for the date of such recording, and such recordation shall be and constitute the assessment roll herein. 10. That said Superintendent of Streets, upon recording of said diagram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the City Clerk, or to both addresses if said address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915. 11. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments by two successive insertions in a newspaper published and circulated in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None DALE REDD LL, Mayor ATTEST: lower � ARDITH DAVIS, City Clerk 4 0 RESOLUTION NO. 121-88 OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 6-87 MIMOSA STREET ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council did on January 16, 1987, adopt its Resolution of Intention No. 6-87, to acquire and construct public improvements in and for said City; and WHEREAS, on September 12, 1988, this Council adopted Resolution No. 99-88, appointing the time and place of hearing protests in relation to the proposed acquisition and construction of improvements and directing notice; and WHEREAS, notice was given of the time and place therein stated in the manner provided by law as appears from the documents on file in the office of the City Clerk; and WHEREAS, all written protests and other written communications were publicly read at said meeting and all persons desiring to be heard were fully heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That protests against said acquisition and construction of improvements were not signed by the owners of a majority or more of the area of the lands within the assessment district assessed for the costs and expenses of said work. 2. That said protests be, and each of them are, hereby overruled. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None � U/ DALE REDDELL, Mayor ATTEST: ARDITH AVIS, City Clerk RESOLUTION NO. 120-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE: IN MORRO BAY "CITY" PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the consumption of alcoholic beverages in public places has been found and declared to be a danger to the health, safety and welfare of the general public and an obstruction to the public use of public places by Ordinance No. 327; and WHEREAS, Morro Bay "City" Park and the surrounding public sidewalks have been the site of recent incidents of drunk and disorderly behavior; minors consuming alcoholic beverages; consumption of alcohol in proximity to small children; and other offensive and/or criminal acts; and WHEREAS, complaints have been received from the public, neighboring businesses and families regarding the consumption of alcohol in "City" Park: and WHEREAS, the public and families have reported being intimidated by the recent incidents occurring at Morro Bay "City" Park associated with alcohol consumption and/or possession; and WHEREAS, the public's free and unhindered use of Morro Bay "City" Park is found to be impaired and obstructed by persons consuming and/or possessing alcohol at this location. NOW, THEREFORE, BE IT RESOLVED that the City Council, by authority of Ordinance No. 327, does hereby prohibit the consumption or possession of open containers of alcoholic beverages in Morro Bay "City" Park or the public sidewalks surrounding Morro Bay "City" Park subject to all provisions found in Ordinance No. 327. Any person violating or failing to comply with these provisions shall be guilty of a misdemeanor and shall be liable under the provisions set forth in Title 1 of the Municipal Code. BE IT FURTHER RESOLVED that the City Council instructs staff to publish in a newspaper of local circulation this resolution along with a map of the prohibition area and post signs indicating said prohibition at Morro Bay "City" Park prior to initiating enforcement of this action. RESOLUTION NO. 120-88 PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 24th day of October, 1988 by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK RESOLUTION NO. 119-88 RESOLUTION APPROVING SECOND ADDENDUM TO LEASE ON LEASE SITES 102/102W AND 105.1W/105.2 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, maintenance obligations on the lease sites have not been adequately addressed, and; WHEREAS, the City and the Tenant have mutually agreed upon time frames and repair obligations, and; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the amendment to the lease agreement and the Second Addendum to Lease is hereby incorporated as an additional obligation of the Tenant subject to receipt and approval of all required documents by the City Attorney, and; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign any and all documents required 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 24th day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, MAYOR ARDITH DAVIS, CITY CLERK RESOLUTION NO. 118-88 RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE DOCUMENTS OF REAL PROPERTY EXCHANGE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, City Council has agreed to exchange real property owned by City (APN:. 66-332-03) for real property owned by Charles E. Ogle and Louise M. Ogle (APN: 66-321-08); and WHEREAS, this property will be used by the City to provide additional public services; and WHEREAS, the property exchange has been reviewed by the Planning Commission and found to be in conformance with the City's General Plan; and WHEREAS, the City Attorney has reviewed this transaction and found it in compliance with all applicable statutes, ordinances and government code sections; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Gary Napper, City Administrator, be authorized to act on behalf of the City of Morro Bay in this transaction. This authorization shall include the opening and closing of escrow and the execution and receipt of all documents necessary to facilitate the exchange of properties. BE IT FURTHER RESOLVED that this authorization to exchange is provided subject to review and approval by the City Attorney of all required documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of November, 1988, by the following vote: AYES: Donnelly, Lemons,�Reddell NOES: Odell, Sheetz ABSENT: None ARDITH DAVIS, CITY CLERK RESOLUTION NO. 116-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AND ADOPTING A PARKING MANAGEMENT PLAN T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Local Coastal Program of the City of Morro Bay sets forth policies to direct the preparation and implementation of a Parking Management Plan for the Bayfront planning area and the Central Morro Bay commercial business area; WHEREAS, the Circulation Element of the General Plan of the City of Morro Bay further directs the preparation and implementation of a Parking Management Plan; WHEREAS, the Environmental Coordinator determined that the Parking Management Plan 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; WHEREAS, the City Council recognizes the need to manage future parking demand and supply to provide for true orderly growth and development of the community and ensure the convenience and safety of the public; WHEREAS, the City Council recognizes that some existing parking standards are not appropriate in their application to certain definable areas within the City, and, that the current range of parking options is too limited; WHEREAS, the City Council recommends the preparation and implementation of this Parking Management Plan in planning for the future commercial development, designs of traffic and pedestrian circulation systems, acquisition of public land, and investment in capital improvement projects; WHEREAS, the Parking Management Plan is internally consistent with the elements of the General Plan and is consistent with the Local Coastal Program and California Coastal Act; WHEREAS, the City Council adopted Resolution No. 88-88, approving the Parking Management Plan on August 22, 1988, but due to incomplete noticing procedures, such approval was rendered invalid and reconsideration is required. Resolution No. 116-80 Page Two 6A 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; 2. That Resolution No. 88-88 is hereby rescinded; 3. That the Council does hereby approve and adopt the Parking Management Plan in concept, dated October 10, 1988; 4. That the Council does hereby approve and adopt immediate implementation of Phase I of the Parking Management Plan; and 5. That the Council does hereby direct staff to initiate and complete the land use analysis of Phase II of the Parking Management Plan. PASSED AND ADOPTED,.by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of October, 1988, by the following roll call vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons C�s O DALE REDDELL, Mayy or ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO, 115-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN APPEAL FOR A VARIANCE FROM THE HEIGHT LIMIT FOR A SINGLE FAMILY RESIDENCE 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 6th day of September, 1988, after a duly noticed PUBLIC HEARING, did approve a Variance with conditions from the height limit, at the request of Marvin Sosna, for property located at 2631 Maple Avenue, in the R-1/S.2 zone, and more particularly described as: APN 68-254-24 Lot 5, Block 25 Morro Del Mar Tract No. 2 City of Morro Bay County of San Luis Obispo State of California WHEREAS, Marvin Sosna made a timely appeal of this action to the City Council; and WHEREAS, the City Council of the City of Morro Bay, on October 10, 1988, held a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, 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. WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission's report on this matter and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their amendment to the Commission's action regarding the subject request: 1. That the variance requested will not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the same vicinity and located in the R- 1/S.2 zoning district in which the subject property is located; City Council Resolution No. Page Two 2. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive said property of privileges enjoyed by other properties in the vicinity and under identical zone classification; 3. That driveways cannot be constructed within normal city approved standards without causing a residence to be restricted in size inconsistent with surrounding residential structures; 4. That the granting of a Variance will not be a detriment to surrounding properties in the form of viewshed blockage that would not occur without said Variance; 5. That down -sloping lots do not enjoy the same physical advantage relative to maximizing views as found on up - sloping lots; and 6. That the Variance request is minimized to the extent necessary to accommodate the garage only. 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 the appeal and approval of Variance No. 16-88, subject to the conditions attached hereto. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of October, 1988, by the following roll call vote: AYES: Donnelly, Odell, Reddell NOES: Sheetz ABSENT: Lemons i DALfi REDDfi Mayor ATTEST: - A H DAVIS, City Clerk --------- CONDITIONS OF APPROVAL Case No. VAR 16-88 STANDARD CONDITIONS 1. This Variance is granted for the land described in the application and any attachments thereto, and as shown on exhibits 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. Conditions of Approval Case No. VAR 16-88 Page Two SPECIAL CONDITIONS 7. The highest point of the roof of the garage structure shall not exceed 28 feet. 1 0 RESOLUTION NO. 114-88 RESOLUTION APPROVING WAIVER OF RIGHTS TO FIXTURES AND IMPROVEMENTS DURING TERM OF LEASE - ROSE'S LANDING, INC. LEASE SITES 82-85/82W-85W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by a Lease of County Real Property made and entered into as of March 20, 1961, ("Lease"), the County of San Luis Obispo ("County") as Lessor and William C. Chuba, Jr. and William C. Chuba Sr. ("Chubas") as Lessee entered into a lease of Lease Sites 82-85/82W-85W ("Real Property") for a term of thirty years, commencing April 1, 1961; and WHEREAS, effective July 17, 1964, all rights of the County of San Luis Obispo as lessor under the Lease were transferred to the City of Morro Bay ("City"); and WHEREAS, by Resolution No. 26-88, dated April 11, 1988 the City Council approved assignment of the Lease to Rose's Landing, Inc.; and WHEREAS, Rose's Landing, Inc., entered into a security agreement with Midstate Bank dated June 29, 1988, wherein Rose's Landing, Inc. requested Midstate Bank to extend credit and to take a security interest in certain property described in the Security Agreement ("the Collateral"), some of which Collateral has been installed or may be installed on or affixed to the Real Property which is the subject of the Lease; WHEREAS, Midstate Bank has requested the City of Morro Bay as Lessor to waive rights to the Collateral during the term of the Lease, or any renewal thereof; and WHEREAS, the request does not adversely affect the City's interest in the Real Property or the Lease; NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay that the Waiver of Rights to Fixtures and Improvements During Term of Lease regarding Lease Sites 82-85/82W-85W is hereby approved. 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 the loth day of October, 1988, by the following roll call vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons DALE REDDELL,•• ARDITH DAVIS, CITY CLERK RESOLUTION NO. 113-88 RESOLUTION APPROVING RIGHT-OF-WAY CERTIFICATION FOR THE PROPOSED FAU PROJECT ON MAIN STREET BETWEEN SURF STREET AND WILLOW CAMP CREEK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the property on which the proposed project will take place is existing City street right-of-way; and WHEREAS, the Federal Highway Administration (FHWA) requires that the local agency adopt a Certification of Right -of -Way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the Right-of-way Certification for the proposed FAU project; and BE IT FURTHER RESOLVED that the Mayor of the City of Morro Bay is hereby authorized to sign said Certification 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 on the 24th Day of October, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None 03 go M a 4 RR ATTEST: L A DITH DAVIS, City Clerk EXHIBIT 14-2d 1985-6 Right of Way Certification Format B LOCAL AGENCY NAME _ October 10,1988 05-SLO-0-MoBy Date Identification Number RIGHT OF WAY CERTIFICATION M-Y356 ( ) Federal Program Main Street Street, oad: or Project Name Willow Camp Ck. to Surf St. Job Limits Right of way acquisition was not required for the construction of this project since all work is being done as set forth below: 1. STATUS OF RIGHT OF WAY ACQUISITION All Construction is within existing Right of Way. All right of way was acquired prior to July 1, 1972. 2. STATUS OF AFFECTED RAILROAD FACILITIES N/A 3. DESIGNATED MATERIAL SITES None 4. DESIGNATED DISPOSAL AREAS None :• EXHIBIT 14-2e 1985-6 5. UTILITIES A. Status of Relocation Company Type Facility Relocation Type B. High and Low Risk (1) IJ This will be a State administered project and the high and low risk underground facilities meet Caltrans requirements for minimum clearance. or (2) @ This will be a locally administered project and I certify that (Local Agency) has been informed in writing of Caltrans high and low risk underground facilities policy. I am aware that the State assumes no liability for compliance or non- compliance with said policy. 6. SCHEDULE FOR REMOVAL OF IMPROVEMENTS AND OBSTRUCTIONS N/A 7. UNAUTHORIZED ENCROACHMENTS N/A 8. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS REGARDING THE ACQUISITION OF REAL PROPERTY . The acquisition of right of way was not required. 9. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND PAYMENTS PROVISIONS OF FEDERAL AND STATE LAW The project did not require the displacement of any persons or business. I HEREBY CERTIFY the right of way on this project as conforming to Statement No. ( 1) of Paragraph 5c of FHPM 6-4-2-1. AGENCY City of Morro Bay By ayor ALE REDDELL Date 10-25-88 RESOLUTION NO. 112-88 TEMPORARY EMERGENCY CITY WATER SERVICE 1970 QUINTANA ROAD (KIRCHNER) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, lack of adequate rainfall for two consecutive years has depleted the groundwater aquifers in the Chorro Creek Basin; and WHEREAS, Jack and Vivian Kirchner residing outside the City limits at 1970 Quintana Road have requested a temporary emergency domestic water service for the duration of the current dry period; and WHEREAS, in 1985 Kirchner's domestic well went out of service due to depleted groundwater aquifer conditions; and WHEREAS, Morro Bay Municipal Code Section 13.04.010 allows the City to furnish water service to such areas outside the City limits as the City Council may designate subject to all other appropriate regulations relating to water service connections. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the request of Jack and Vivian Kirchner at 1970 Quintana Road for a temporary emergency domestic water service connection during the current low water situation. BE IT FURTHER RESOLVED said temporary service is contingent upon the following conditions: 1. Access to City water shall only be available upon demonstration satisfactory to the City that the well has gone dry. 2. The Kirchners will be limited to a maximum water use of 900 cubic feet per month subject to disconnection if the limit is exceeded. 3. The City service will be discontinued as soon as the Kirchner's domestic well has returned to reliable service as determined by the City. 4. Use of said City water service is subject to any and all restrictions or water conservation requirements imposed by the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the loth Day of October 1988, by the following vote: AYES: Donnelly, Odell, Sheetz, Reddell NOES: None ABSENT: Lemons G�P2 DALE RED ELL, Mayor ATTEST: ARDITH DAVIS, City Clerk lJ RESOLUTION NO. 111-88 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA WHEREAS, the participation of Public Employees' contract, and set agencies may elect amendments to said Public Employees' Retirement Law permits the public agencies and their employees in the Retirement System by the execution of a s forth the procedure to subject themselves Law; and by which said public and their employees to WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20862.8 (Credit for Unused Sick Leave) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the Contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part thereof. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this loth day of October, 1988, by the following roll call vote: AYES: Donnelly, Odell, Sheetz Reddell NOES: None ABSENT: Lemons e Da a Reddll, Mayor ATTEST: � �� Ar ith Davis, City Clerk RESOLUTION NO. 110-88 A RESOLUTION ACCEPTING THE OFFER OF DEDICATION FOR AN BASEMENT ACROSS A PORTION OF PARCEL MAP MBAL 87-333 FOR THE PURPOSE OF AN OPEN SPACE AND CONSERVATION EASEMENT AS DELINEATED ON THE MAP THEREOF 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 2nd day of May, 1988, stipulated, as a condition of approval for Parcel Map MBAL 87-333, an offer of an open space and conservation dedication be made for an easement across a portion of single family residential property for the purposes of "preserving and protecting for the public benefit the great natural beauty, existing openness, environmentally sensitive habitat, natural condition and present state of use of said property; and WHEREAS, the Parcel Map MBAL 87-333 is complete and contains the required offer of dedication for the aforestated easement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that it does accept on behalf of the public this offer of dedication for an easement to "preserve and protect the great natural beauty, existing openness, environmentally sensitive habitat, natural condition and present state of use" as delineated on Parcel Map MBAL 87-333. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay, on the 26th day of September, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None s ATTEST: iF� APP OVED AS TO FORM: vl/ City Attorney RESOLUTION NO. 109-88 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LEASE SITES 62/62W (HITTLE'S LANDING) FROM ROBERT E. AND MARILYN HITTLE TO BRUCE W. AND KATHY A. LEWIS 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 September 30, 1988; and WHEREAS, Bruce W. and Kathy A. Lewis, the proposed buyers and assignees, are hereby found to be acceptable tenants; 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 executed February 16, 1988 for Lease Sites 62/62W to Bruce W. and Kathy A. Lewis, 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 the end of September 30, 1988. This consent to assignment is contingent upon escrow being closed and the assignment fully consummated on or before the end of 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 the end of 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 26th day of September, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz DALE REDDELL, MAYOR ATTEST: ao ARDITH DAVIS, CITY CLERK RESOLUTION NO. 108-88 A RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF RIGHT- OF-WAY ALONG THE FRONTAGES OF 360, 380, AND 390 ISLAND STREET AS DEPICTED ON THE PARCEL MAP MBAL 87-333 T H E C I T Y C 0 U N C I L City ❑f Morr❑ Bay, California WHEREAS, the Planning Commission of the City of Morr❑ Bay, California, on the 2nd of May 1986, stipulated as a con- dition of approval an offer of dedication of Right -of -Way be made ❑f that portion ❑f Island Street fronting 360, 380, and 390 Island Street; and WHEREAS, Parcel Map MBAL 87-333 is complete and the offer ❑f dedication is made thereon as required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California that it does accept ❑n behalf of the public the offer of dedication of Public Right -of -Way as made ❑n Parcel Map 67-333. PASSED AND ADOPTED by the City Council of the City of Morro at a regular meeting held thereof ❑n the 26th Day ❑f September,1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None i 'gyp DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, CITY CLERK RESOLUTION NO. 107-88 INSTITUTING MANDATORY WATER CONSERVATION DURING THE PRESENT LOW-WATER SITUAIION T H E C I T Y C O U N C I L City ❑f Morro Bay, California WHEREAS the City ❑f Morro Bay obtains the entirety of its municipal water supply from groundwater wells in the underflows of Morro and Chorro Creeks; and WHERAS the rainfall which occurred the last tw❑ winters was insufficient to adequately recharge the aquifers from which the water supply is drawn; and WHEREAS unprecedented intense agricultural irrigation upstream of City wells in the Chorro Basin has contributed to the depletion ❑f said aquifers; and WHEREAS due t❑ said depletion of the aquifers the pumping capacity of the City wells has been reduced by nine percent; and WHEREAS said pumping capacity may continue to decline to the point were the City may not be able to assure a sufficient supply of water t❑ provide for its municipal demand without immediate change in demand or weather patterns. NOW, THEREFORE, BE IT RESOLVED that in accordance with Municipal Code Sections 13.0L4.320 through 13.0q.3gO, the City Council of th City ❑f Morro Bay hereby declares that the water level in the City water system is low. BE IT FURTHER RESOLVED that in order to conserve water during the present low water period, the City Council hereby institutes mandatory water conservation measures as described in Attachment A hereto, and directs Staff to implement and enforce these measures for the duration of the low water condition as described and authorized in said sections ❑f the Morro Bay Municipal Code. PASSED AND ADOPTED by the City Council of the City of Morr❑ Bay at an emergency meeting thereof held the 21st day of September, 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 Cityof Morro Bay y 595 Harbor St. • Morro Bay, CA 93442 • 805-772-1214 NOT I C E TO C ON S UMER S MANDATORY WATER CONSERVATION MEASURES Customers of the Morro Bay Municipal Water System, whether in or out of the City limits, are hereby notified that due to a temporary seasonal depletion of available water supply in the municipal well system, the Morro Bay City Council adopted Resolution No. 107-88 on September 21, 1988 instituting the following mandatory water conservation measures. These measures will be in effect beginning at 6:00 a.m. on WEDNESDAY, SEPTEMBER 28, 1988, and will continue for the duration of the present low-water condition. The Munici- pal Code provides that failure to comply with these limitations may result in a fine. REPEATED VIOLATIONS MAY RESULT IN TURNING OFF OF THE VIOLATOR'S WATER SERVICE. 1. Outdoor irrigation a. No outdoor irrigation is permitted between the hours of 10:00 AM and 4:00 PM. b. Use of automatic or sprinkler irrigation is prohibited. Hand watering or manual -controlled drip systems shall be the only per- mitted method of irrigation and only during established periods. C. Irrigation of domestic landscaping and gardens is permitted at even -numbered street addresses only on Wednesdays and Sundays, and at odd -numbered street addresses only on Tuesdays and Saturdays. d. Irrigation of City parks and public school landscaping is prohibited. 2. Marinas and Waterfront Installations a. Use of fresh water to wash down boats, docks, or other incidental activities is prohibited. b. All hose bibs shall have spring -loaded shut -offs or similar con- trolling devices. 3. Restaurants shall serve drinking water in response to a specific request by a customer. 4. Use of water which results in gutter runoff is prohibited. a. No water shall be used for cleaning of driveways, patios, parking lots, sidewalks, streets, or other such uses. b. Washing cars by use of a hose is prohibited. Use of a bucket is permitted, and then subject to non -wasteful applications. C. Hose down of buildings, washing of windows except by bucket, or similar activities is prohibited. 5. Filling or refilling of swimming pools, hot tubs, or spas is prohibited. 6. Use of potable.water for compaction or dust control purposes in con- struction activities is prohibited. NO. 106-88 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR CALIFORNIANS AGAINST WASTE MODEL COMMUNITY WASTE REDUCTION/RECYCLING PLANNING PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, Californians Against Waste (CAW), in cooperation with the State of California Department of Conservation/Division of Recycling (DOR), will select one California community that presently has little or no recycling activities to serve as a model for the research, development, and implementation of the planning process for a comprehensive, state-of-the-art waste reduction/recycling program; and WHEREAS, said program will result in a creative and implementable model waste reduction/recycling plan, including a budget and promotion/public education strategy, that most effectively uses the resources and potential of the selected community; and WHEREAS, the City of Morro Bay is acutely aware of the national, state, and local solid waste disposal crisis and has supported and encouraged recycling activities for a number of years, including support of AB 2020/Bottle Bill enacted in 1986; and WHEREAS, the San Luis Obispo County Solid Waste Management Plan of 1986 reflects a stronger emphasis on waste reduction and recycling as suggested by the City of Morro Bay; and WHEREAS, the North Coastal areas of San Luis Obispo County, including the City of Morro Bay and the unincorporated communities of Los Osos/Baywood Park, Cayucos, Cambria, and San Simeon, currently dispose of their respective solid wastes at the Los Osos Landfill, which is scheduled to be closed November 30, 1988; and WHEREAS, a proposed waste transfer station to replace said landfill is in the preliminary stages of site analysis and selection and will not be constructed in the near future; and WHEREAS, solid wastes from the aforesaid communities will be transported to Cold Canyon Landfill approximately twenty-five miles to the south of the Los Osos Landfill beginning December 1, 1988 and continuing until such time as a waste transfer station is constructed in closer proximity to said communities; and WHEREAS, said long distance transportation of solid wastes for appropriate disposal will result in increased refuse collection charges; and WHEREAS, it is in the public interest for said communities to reduce the volumes of solid wastes disposed at landfills through a comprehensive waste reduction and recycling program; and WHEREAS, the development of such a program requires the technical expertise of an experienced recycling consultant due to the complexity of available waste reduction and recycling alternatives and related economics and market volatility; and WHEREAS, said communities have limited financial resources; and WHEREAS, the City of Morro Bay Refuse Collection Franchise Board, an advisory body to the City Council, has recently been discussing the need to hire an experienced recycling consultant to develop a comprehensive recycling plan for Morro Bay and creative methods of financing such a program; and WHEREAS, said communities each have a strong interest in waste reduction and recycling, but have been unable to expand waste reduction and recycling efforts beyond existing minimal levels due to the aforesaid complexity as well as personnel and financial constraints; and WHEREAS, the CAW Model Community Waste Reduction/Recycling Planning Program will meet a significant need in said communities and foster inter -community and intergovernmental cooperation and coordination to mitigate the solid waste disposal crisis in the North Coast area of San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to submit an application for the CAW Model Community Waste Reduction/Recycling Planning Program as described hereinabove, sign all related documents, and work with the County of San Luis Obispo and the aforesaid unincorporated communities as appropriate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of September, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: None ABSENT: Sheetz ATTEST: DA�LEREDDELL, ARDITH DAVIS, City Clerk RESOLUTION 104-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING ITS INTENTION TO ADOPT AN IN -LIEU PARKING FEE ORDINANCE AS AN AMENDMENT TO SECTION 17.44 OF THE MUNICIPAL CODE AND REFERRING THE DRAFT ORDINANCE TO THE PLANNING COMMISSION FOR REVIEW AND RESPONSE THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City Council recognizes that methods for providing new and additional parking to serve expansion of existing, or provision of new commercial uses are limited and that additional solutions to the City's long term parking requirements are needed in order to provide for the orderly development of the City; and WHEREAS, the certified Local Coastal Program including the Land Use Plan and the zoning ordinance contain numerous provisions directing the formulation of a parking management plan and a related in -lieu fee ordinance; and WHEREAS, The City Council on August 22, 1988 considered and approved in concept a Parking Management Plan prepared by the City staff, adopted Phase I of said plan, and further directed staff to prepare a draft in -lieu fee ordinance for consideration; and WHEREAS, The City Council received a draft in -lieu fee ordinance for consideration on September 12, 1988 which is proposed to be an amendment to section 17.44 of the Municipal Code; and WHEREAS, It is the intention of the City Council to consider adoption of an in -lieu fee ordinance at the Council meeting of October 11, 1988 which is the same or similar to the draft ordinance attached hereto; and WHEREAS, Adoption of an in -lieu fee ordinance is considered as a matter or urgency in order to comply with the certified Local Coastal Program and to meet demonstrated parking needs, and WHEREAS, Amendments to the zoning ordinance must be considered by the Planning Commission before formal adoption by the City Council, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the 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, City Council Resolution Page Two 2. The attached draft in -lieu fee ordinance dated September 12, 1988 is hereby transmitted to the Planning Commission for formal review and recommendation back to the City Council; and, 3. The Planning Commission is respectfully requested to consider the matter and conclude its recommendations at its meeting of October 3, 1988. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of September, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ayor RESOLUTION NO. 103-88 RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR URBAN MASS TRANSPORTATION ACT (UMTA) SECTION 18 GRANT FUNDS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has conducted a public hearing regarding its intent to submit applications for UMTA Section 18 Capital Project Grant funds as follows: Application #1: Transit van rehabilitation Application #2: Computerized fuel dispersal/fleet maintenance system and replacement of underground fuel storage tanks at City Corporation Yard. WHEREAS, the City Council approves of the proposed project descriptions as shown on Exhibits A and B attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to submit applications for UMTA Section 18 Capital Project Grant funds to the State Department of Transportation (Caltrans) as described in Exhibits A and B, and sign the grant applications and all grant - related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12th day of September, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None D DALE REDDELL, Mayor ATTEST: ) zy�o ARDITH DAVIS, City Clerk EXHIBIT A Rehabilitate one 1982 Wide - One transit van, 14-passen- ger capacity, including new engine and transmission, rehabilitation of wheelchair lift and suspension, replace floor covering, replace floor if necessary, repair of body and repainting, add brake retarder, install new wiring related to conversion to transit use, and provide the latest technological improvements. Sales Tax Total NEW PROJECT TOTAL TOTAL FEDERAL SHARE (80%) TOTAL LOCAL SHARE (20% MATCH) Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. ESTIMATED TOTAL COST $18,868 1,132 $20,000 20 000 $16,000 $ 4,000 Computerized fuel fleet maintenance including new fuel replacement of three fuel storage tank Corporation Yard. EXHIBIT B dispersal/ system, pumps, and underground s at City Sales Tax Total NET PROJECT TOTAL TOTAL FEDERAL SHARE (26%) TOTAL LOCAL SHARE (74%) MATCH Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching require- ment, specific amounts from each source are unknown at this time. ESTIMATED TOTAL COST $81,132 4,868 86,000 22,700 63,300 RESOLUTION NO. 102-88 RESOLUTION AWARDING CONTRACTS FOR PROJECT NO. PW88-244 FOR REPLACEMENT DIAL -A -RIDE COMMUNICATION SYSTEM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City has been awarded a capital grant for the replacement of the existing Morro Bay Dial -A -Ride (DAR) communication system, including radio and telephone equipment, pursuant to Section 18 of the Urban Mass Transportation Act (UMTA) of 1964 in an amount not to exceed $13,200; and WHEREAS, the City budgeted $4,060 in the FY 1987/88 Adopted Budget to fund the local match for said grant; and WHEREAS, the City has complied with purchase procedures for said project pursuant to UMTA and Caltrans regulations and as approved by representatives of the San Luis Obispo Area Coordinating Council and Caltrans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award contracts for Project No. PW88-244 for the replacement of the existing DAR communication system as follows: 1. To Motorola Communications and Electronics, Inc. for the radio portion of said system in the amount of $13,101.49; and 2. To Mid -State Sound and Telephone for the telephone portion of said system in the amount of $4,042.50. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12th day of September, 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. 101-88 A RESOLUTION CALLING FOR SEALED PROPOSALS MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council of the City of Morro Bay did, on the 26th day of January, 1987, adopt its Resolution of Intention No. 6-87 to acquire and construct improvements to standards required by the City of Morro Bay, all as more particularly described and set forth in said Resolution of Intention. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City Clerk is hereby directed to publish once a week for two weeks in the local newspaper published and circulated in the City, a notice inviting sealed proposals or bids for the construction of said improvements, and referring to the plans and specifications on file in the office of said City Clerk, the first publication of which notice shall be at least fourteen (14) days prior to the time fixed for opening bids. 2. All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City amounting to ten percent (10%) of the bids, or by a bond in said amount and payable to said City signed by the bidder and a corporate surety or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and above all statutory exemptions. Said check shall be forfeited or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him enter into a contract with the City. 3. Said sealed proposals or bids shall be delivered to the City Clerk on or before 2:00 o'clock p.m. on the 4th day of October, 1988, and shall be referred to the City Council at its meeting scheduled for October 10, 1988 for further action. Bids will be publicly opened, examined and declared on said day and hour. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 12th day of September, 1988, by the following vote of the members thereof. AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None PROVED Dale Reddell, Mayor ATTEST* Ardith Davis, City Clerk RESOLUTION NO. 100-88 A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council of the City of Morro Bay has ascertained the general prevailing rate of per diem wages in the locally in which public work is proposed to be performed for work of a similar character to that described in Resolution of Intention No. 6-87, adopted January 26, 1987; and WHEREAS, said rate of per diem wages is set forth and contained in the specifications for said project, copies of which are on file in the office of the Engineer of Work and also in the office of the City Clerk; and WHEREAS, the City Council has duly considered said scale and finds the same to be correct in all particulars. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Said wage scale as set forth in said specifications is hereby established and adopted as the prevailing rate of per diem wages for work of a similar character to that above described in the locality in which such public work is proposed to be performed. 2. No less than said prevailing rate of per diem wages be paid for any work proposed to be performed under said Resolution of Intention. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 12th day of September, 1988, by the following vote of the members thereof: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk RESOLUTION NO. 99-88 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS, AND DIRECTING NOTICE MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, pursuant to Resolution of Intention No. 6-87 adopted on the 26th day of January, 1987 by the City Council pursuant to the Municipal Improvement Act of 1913 as amended, the Engineer of Work of said City has filed with the City Clerk the written report called for under said Act and by said Resolution of Intention, which report has been presented by said Engineer of Work to this Council and this Council has preliminarily approved and confirmed said report and ordered that the same stand as the report for the purpose of all subsequent proceedings pursuant to said Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that October 24, 1988, at the hour of 6:00 o'clock p.m., in the regular meeting place of said Council, (Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California) is hereby appointed and fixed as the time and place when and where it will consider and finally act upon the Engineer's Report under said Resolution of Intention. BE IT FURTHER REVOLVED that the City Clerk is hereby directed to give notice of said hearing once a week for two weeks in the local newspaper published and circulated in said City, and by conspicuously posting a notice thereof along all open streets within the assessment district at not more than three hundred feet apart, and not less than three in all; said posting and first publication to be had and completed at least twenty (20) days before the date herein set for hearing of protests. BE IT FURTHER RESOLVED that said notices shall be headed "Notice of Improvement" in letters of not less than one inch in height and shall, in legible characters, state the fact and date of the passage of said Resolution of Intention and of the filing of said report and the date, hour and place set for the hearing of said protests, and briefly describe the acquisition and construction of improvements proposed to be made, and refer to said Resolution of Intention and report for further particulars. BE IT FURTHER RESOLVED that the City Clerk shall mail or cause to be mailed notice of the adoption of said Resolution of Intention and of the filing of said report, postage prepaid, at least twenty days before the date set for hearing of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto or as known to the City Clerk, which notice shall contain a statement of the time, place and purpose of this hearing on said Resolution of Intention and report and a statement of the total estimated cost of said proposed acquisition and construction of improvements, the amount as shown by said report to be assessed against the particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided in said Act. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 12th day of September, 1988, by the following vote of the members thereof: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None AP OVED: Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk RESOLUTION NO. 98-88 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, on the 26th day of January, 1987, said City Council did adopt Resolution of Intention No. 6-87 to acquire and construct improvements in said City, and did refer the proposed acquisitions and improvements to the Engineer of Work, he being the officer having charge and control of the acquisition and construction of public improvements in and for said City of the kind described therein and being a competent person employed by said City for that purpose, and did therein direct said Engineer of Work to make and file with the City Clerk a report in writing all as therein more particularly described, under and pursuant to the Municipal Improvement Act of 1913, as amended; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a report in writing as called for in said Resolution of Intention and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The schematic plans and specifications for the proposed improvements contained in said report are hereby preliminarily approved and confirmed. 2. The Engineer's estimate of the itemized and total costs and expenses of said acquisition and construction of improvements and of the incidental expenses in connection therewith, contained in said report are hereby preliminarily approved and confirmed. 3. The diagram showing the assessment district referred to and described in said Resolution of Intention and also the boundaries and dimensions of the respective subdivisions of land within said assessment district as the same existed at the time of passage of said Resolution of Intention is hereby preliminarily approved and confirmed. 4. The proposed assessments upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and construction of improvements, and of the incidental expenses thereof, as contained in said report are hereby preliminarily approved and confirmed. 5. The maps and descriptions of the lands and easements to be acquired contained in said report are hereby preliminarily approved and confirmed. 6. Said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 12th day of September, 1988, by the following vote of the members thereof: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: Ardith Davis, City Clerk APP COVED: Dale Reddell, Mayor RESOLUTION NO. 97-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING THE APPEAL AND APPROVING A CONDITIONAL USE PERMIT WITH MODIFIED CONDITIONS TO ALLOW THE CONTINUED OPERATION OF A VACUUM -TYPE FISH UNLOADING DEVICE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 41-86 (AMENDED) WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 8th day of April, 1988, the 16th and 31st days of May, 1988 held a duly noticed PUBLIC HEARINGS to consider the request of Orval Leage to allow the continued operation of a vacuum -type fish unloading device located at 235 Main Street in the R-1/PD and WF/PD zones more particularly described as: APN: 66-251-09 Lots 1-13, Block 1 Morro Rock Park City Of Morro Bay County of San Luis Obispo State of California WHEREAS, 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, after said PUBLIC HEARINGS the Planning Commission did approve Case No. CUP 41-86 (Amended) by adoption of Planning Commission Resolution No. 26-88 with conditions; and WHEREAS, on the 6th day of June, 1988 Mr. Leage did appeal the conditions of approval adopted by the Planning Commission; and WHEREAS, on the the City Council did continue their consideration of the appeal to the 22nd day of August, at the request of Mr. Leage; and WHEREAS, on the 22nd day of August, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal made by Mr. Leage of the conditions of approval adopted by Planning Commission; and City Council Resolution No. 97-88 Page Two 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 upholding the appeal of Mr. Leage and to modify the Conditions of Approval: 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 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; 3. The use requested will not be injurious or detrimental to property and improvements in the 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 uphold the appeal and approve Case No. CUP 41-86 (Amended), subject to the modified conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of September, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None --ftone ITH .� DAVIS,-City CONDITIONS OF APPROVAL Case No. CUP 41-86(Amended) STANDARD CONDITIONS 1. This Conditional Use Permit is granted for the land described in the application and any attachments thereto, 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 CUP 41-86 (Amended) Page Two SPECIAL CONDITIONS 7. The subject machine shall not be operated on Saturdays, but may be operated on Sundays, between the hours of 9:00 a.m. and 6:00 p.m. and on Monday through Friday between the hours of 8:00 a.m. to 6:00 p.m. 8. No trucks used to transport fish unloaded by the subject machine shall be loaded or unloaded, driven on -site or allowed to run their motors between the hours of 8:00 p.m. and 7:00 a.m. 9. Truck traffic for transporting fish unloaded by the subject machine shall be limited to not more than five (S) trips to and from the site per day. 10. Noise generated by the operation shall be maintained within applicable City standards. RESOLUTION NO. 96-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING THE APPEAL AND APPROVING A COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL MAP FOR A 40-UNIT LOW-INCOME HOUSING PROJECT 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 5th day of July, 1988 held a duly noticed PUBLIC HEARING to consider the request of People's Self Help Housing Corporation (PSHHC) for a Coastal Development Permit and Tentative Parcel Map to allow a 40-unit Housing and Urban Development (HUD) financed, rental housing project for low- income, elderly, and handicapped persons. The subject property is a part of a three -acre site and is more particularly described as: A portion of lot 26 of the Rancho Moro Y Cayucos described in Deed 1376 or 117 Also, Parcel "B" of Parcel Map MB 33-151 recorded September 3, 1985 City of Morro Bay County of San Luis Obispo State of California WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve Case No. CDP 73-88R/MB 88-121 by adoption of Planning Commission Resolution No. 40-88; 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 mitigated Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on the 15th day of July, 1988 Mr. Keith Wimer and Mrs. Phyllis Kannely appealed the action by the Planning Commission; and WHEREAS, on the 22nd day of August, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal of the Planning Commission action; 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 Case No. CDP 73-88R/MB 88-121: City Council Resol4on No. 96-88 • Page Two COASTAL DEVELOPMENT PERMIT 1. The proposed project is properly one for the R-2 zone, and is consistent with the policies and objectives of the Morro Bay General Plan and Local Coastal Program. TENTATIVE PARCEL MAP 1. That the proposed subdivision is consistent with the Morro Bay General Plan, Coastal Land Use Plan and applicable zoning measures; and 2. That the design of the subdivision and the type of improvements as conditioned will not cause significant public health problems or environmental impacts; and 3. That the site is physically suitable for the type of development proposed; 4. That the proposed subdivision is consistent with the housing needs of the region; and 5. That the design affords opportunities for passive solar heating and cooling opportunities. 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 and approve of Case Nos. CDP 73-88R and Tentative Parcel Map MB 88-121, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of September, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: Odell '4044a J4 CONDITIONS OF APPROVAL Case No. CDP 73-88R/MB 88-121 STANDARD CONDITIONS 1. This Coastal Development Permit and Tentative Parcel Map is granted for the land described in the application and any attachments thereto, 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 final map is filed and recorded not later than 24 months after. the date of this action, thereafter, this approval will automatically become null and void. Furthermore, if construction is not commenced within one (1) year of the date of recordation of the final map, this approval will automatically become null and void. 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 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. N Conditions of Approval Case Nos. CDP 73-88R/MB 88-121 Page Two SPECIAL CONDITIONS 7. Prior to recordation of the final map, the applicant shall submit a grading and drainage plan, including engineering calculations, that demonstrate the proposed on -site storm drain facilities are capable of carrying peak flow run-off from a 25-year storm. In addition, applicant shall demonstrate that increased drainage in Elena Street generated by the project will not exceed the present or proposed capacity of the existing storm drain system in said street. 8. No construction shall take place prior to the award and approval of any necessary water equivalencies. 9. Water saving devices shall be required in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Chief Building Official. 10. All utilities on -site including electrical, telephone, and cable television shall be installed underground. 11. All refuse locations shall be screened in a manner to be approved by the Director. 12. Prior the. the issuance of a building permit, the applicant shall pay a fee for anticipated improvements at the following intersections: a. San Jacinto, Main Street, Alder Avenue, and State Highway One; b. Elena Street and Main Street; and C. Main Street, Highway One, and Highway 41. Said fee shall be a share of the cost of said improvements proportional to increased traffic generated by the subject project at said intersections as estimated by a traffic engineer and subject to the approval by the City Engineer. Said fee shall be placed in a special fund and used strictly for the planning, design or construction of improvements to those intersections. 13. The applicant shall provide a centralized security mail delivery station as approved by the U.S. Postal Service. Specific locations for the stations shall be approved by the Director. Conditions of Approval Case Nos. CDP 73-88R/MB 88-121 Page Three 14. The applicant shall install a fire hydrant near the westerly driveway as required by and approved by the City Engineer. 15. The applicant shall install additional fire protection systems as required by the Fire Chief. These systems shall include, but are not limited to, the following items: a. Smoke detectors shall be installed in each unit and shall be hard -wired; b. Fire extinguishers shall be provided in locations approved by the Fire Chief; and C. A fire alarm system shall be required and approved by the Fire Chief. In addition, the applicant shall resistive roof shingles as approved Address numbers shall be at least four be placed in a clearly visible location each dwelling unit. The location of be approved by the Fire Department. install permanently by the Fire Chief. inches high and shall near the entrance to address numbers shall 16. Prior to building permit issuance, the applicant shall pay a fire impact fee of $1,800.00. Said fee shall be placed in a special account and used to offset fire equipment costs generated by new development. 17. All public improvements are to be designed in accordance with City standards and shall be subject to approval by the City Engineer. 18. No building permit shall be issued until the final tract map is approved and recorded. 19. Prior to building permit issuance, the applicant shall submit exhibits of the proposed exterior colors and materials to the Director. 20. No parking signs shall be posted along both driveways in a manner approved by the Director and Fire Chief. Conditions of Approval Case Nos. CDP 73-88R/MB 88-121 Page Four 21. Prior to recordation of the final map, applicant shall pay to the City park in -lieu fees as calculated by the City Engineer pursuant to Title 16 of the Morro Bay Municipal Code. 22. The applicant shall install curb, gutter, and six-foot wide sidewalk along the entire frontage of the proposed project. 23. The applicant shall submit an estimate of peak fire flow demand for the subject project to be approved by the City Engineer. 24. All water meters for on -site domestic water systems shall be located adjacent to the property line on Elena Street. All on -site domestic and first systems shall be owned and maintained by the property owners. On -site fire system shall have adequate backflow prevention facilities located adjacent to Elena Street as required by state and municipal codes. On -site fire and domestic water system shall be completely separate with adequate backflow and cross connection controls so that no domestic use of the fire system will occur. 25. The applicant shall, if necessary and as determined by the City Engineer construct an 8" sewer main in Elena Street from the project frontage to Main Street. Construction of such a facility shall be done in accordance with City Standards, Drawings and Sppecifications at no cost to the City.- —The applicant shall- provide arl engineering designs subject to the review and approval of the City Engineer. The applicant shall be further required to provide financial security in the amount of 150% of the estimated cost of the project prior to construction of the facility. I CA oO°o I��z cy k�m N CASE NO. EXHIBIT JOHN V. MUTLOW A.I.A. Lx 670 , ��. Lafla-1-o4ke typical unit plan 6. Z4 .6b. 10 11 1112 T T L CASE NO. EXHIBIT CD? 73-99R.z Mb 88 - 124 JOHN V. ,!U I L.JYY AAA. 670 S. Lafarette Pk. P1. Lea APSAx, Cafflornin 15CM-7 (211) 381-7067 8. T Q b(2dr=ri dining living rm r2215 . -ozrt wsT "V� -o.P. rR7 handicapped Unit plan CASE NO. „E„ EXHIBIT CDF i3-fY JOFW V. MUTLOW A.I.A. 670 S. Lafayette Pk. PI. Loa Angeles, California 90057 (M) 381.7067 415 -w- uEr 4952 hP G29 ¢ffici¢ncy unit plan 6 , 0 i RESOLUTION NO. 95-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS DENYING THE APPEAL AND APPROVING A SIGN EXCEPTION PERMIT T H E' C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. SIGN 03-88 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 5th and 18th day of July, 1988 held a duly noticed PUBLIC HEARINGS to consider the request of Morro Gardens Motel (Jane Briggs) for a Sign Exception Permit to allow an attraction board sign to advertise motel room rates, located at 440 Atascadero Road, more particularly described as: APN: 68-283-16 Lot 11, Block 3 Tract No. 47 City of Morro Bay County of San Luis Obispo State of California WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the request by adoption of Planning Commission Resolution No. 47-88; and WHEREAS, the Environmental Coordinator determined that the will not result in a significant adverse impact on the environment, and has been fount to be Categorically Exempt for purposes of the California Environmental Quality Act; and WHEREAS, on the 25th day of July, 1988 Mr. Ed Biaggini, representing the Motel and Restaurant Association, appealed the Planning Commission action; and WHEREAS, on August 22, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; 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 Planning Commission action: 1. That the request is not contrary to the purpose of the Sign Ordinance; 2. The request will not be materially detrimental to the health, safety, comfort, and general welfare of the City; i 0 City Council Resolution No. 95-88 Page Two 3. The request can be conditioned to mitigate any adverse effects; 4. The subject property is located in a visually degraded part of the City where additional marketing techniques, such as the advertising of motel room rates, are warranted; and 5. The subject request represents a special circumstance relative to geographic conditions and shall not be construed as precedent setting. 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 and approve of Case No. SIGN 03-88, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of September, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DDELL, Mayor City--Cle TR 0) 0. CONDITIONS OF APPROVAL Case No. SIGN 03-88 STANDARD_ CONDITIONS 1. This Sign Exception Permit, 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. S. 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 Page Two SPECIAL CONDITIONS 7. Motel room rates shall be advertised on the attraction board only. Total sign area devoted to the advertising of motel rates shall not exceed five (5) square feet. B. Portable signs or posters, and banners of a miscellaneous or temporary character which are tacked, Painted, pasted, or otherwise, placed or affixed and made visible from a public right-of-way which advertise motel prices shall be prohibited. NO. 94-88 RESOLUTION AWARDING 20 YEAR LEASE FOR LEASE SITE 150 TO DAN H. WIXOM, DBA: WIXOM CONCRETE, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Cayucos Sanitary District and the City of Morro Bay are joint lessors of certain property described as Lease Site No. 150; and WHEREAS, Dan H. Wixom, the current lessee of said property has requested an extension of his lease and has negotiated a 20 (twenty) year lease based on the adopted master lease; and WHEREAS, Dan H. Wixom has been an acceptable tenant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to a 20 (twenty) year lease with Dan H. Wixom, DBA: Wixom Concrete, Inc. for Lease Site No. 150 subject to the approval of the Cayucos Sanitary District. 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 the 12th day of September, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None �DATX REDDELL,•- ARDITH DAVIS, CITY CLERK RESOLUTION NO. 93-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AG FOR PORTIONS OF LEASE SITES 93-95 TO SOPHIE E. HILL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 93-95; and WHEREAS, James F. and Margie R. George are the lessees of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a sublease agreement for portions of the leased premises with Sophie E. Hill, 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 portions of Lease Sites No. 93-95 to Sophie E. Hill; 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 the 12th day of September, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, MAYOR ARDITH DAVIS, CITY CLERK (OPTION A) RESOLUTION NO. 92-88 RESOLUTION RESCINDING RESOLUTION NO. 74-88 AND STATING THE CITY'S COMMITMENT TO ALLOCATE FAU FUNDS FOR THE MAIN STREET/QUINTANA ROAD SIGNALIZATION PROJECT T H E C I T Y C O U N C I L THE CITY OF MORRO BAY, CALIFORNIA WHEREAS the City of Morro Bay has $289,731 of FAU funds currently apportioned to the City but as yet not obligated to a specific project; and WHEREAS $212,337 of these funds were apportioned to the City prior to 1986; and WHEREAS California Streets and Highways Code Section 2306 requires Caltrans to "buy up" all unused FAU funds apportioned to the City prior to 1986 at 60% value; and WHEREAS the City desires to allocate FAU funds to use for the Main Street/Quintana Road Signalization project; and WHEREAS the City of Morro Bay will be unable to complete the necessary procedures to obligate FAU funds to said project prior to January 1989. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay expresses its commitment to the completion of the said project; and BE IT FURTHER RESOLVED the City Council of the City of Morro Bay intends to utilize presently un-obligated FAU funds to pay for said project; and BE IT FURTHER RESOLVED the City Council of the City of Morro Bay requests the FAU Statewide Committee grant an extension of the time required under the Streets and Highways Code Section 2306 for obligation of said FAU funds in order to allow time to accomplish the said project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of September 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: Dale Reddell, MAYOR Ardith Davis, CITY CLERK • RESOLUTION NO. 91-88 RESOLUTION APPROVING CONSENT TO SUBLEASE AG FOR PORTIONS OF LEASE SITES 93-95 TO BRUCE A. STAMP T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 93-95; and WHEREAS, James F. and Margie R. George are the lessees of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a sublease agreement for portions of the leased premises with Bruce A. Stamp, 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 portions of Lease Sites No. 93-95 to Bruce A. Stamp; 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 the 12th day of September, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, MAYOR ARDITH DAVIS, CITY CLERK ACCEPTING AN OFFER OF DEDICATION OF PUBLIC RIGHT-OF-WAY IN ZANZIBAR STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS that portion of Zanzibar Street fronting the parcel known as Lot 3, Block 3A Atascadero Beach (APN 65-081-14) has never been officially dedicated as public right-of-way, and WHEREAS the owners of said property have offered to dedicate to the public that portion of the property whereon this "street right- of-way" exists, and WHEREAS said portion of said property offered for dedication is legally described in the offer of dedication attached hereto as Exhibit 'A', and WHEREAS it is deemed in the interest of the public good to accept said portion of property as City right-of-way and under City maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Offer of Dedication of said public right-of- way by Mr. Frank Denman is hereby accepted. BE IT FURTHER RESOLVED that the City Administrator is authorized to execute any and all documents necessary to complete and record this acceptance of said offer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of September, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: ;&- *-6 A�� ARDITH DAVIS, City Clerk �•LE REDDELL, IRREV#LE i PERPETUAL • OFFER TO DEDICATE --- 00000 --- THIS OFFER TO DEDICATE, made the Z Z day of /-4,_�wT 19 �& by Frank Denman Of the City of Morro Bay, County of San Luis Obispo, State of Callfornia,'hereinafter termed Offeror, WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to thepublic, an easement, for public street Purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as fol lows s I. That said Offeror is the owner of the following interest described below, Lot A, Block 3A, Atascadero Beach Tract, City of Morro Bay 2. That maid Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a public right-of-way for street purposes and incidental uses upon the following described property, See attached Exhibits "A" and "B." 2.1 This OFFER TO DEDICATE is subject to the condition that the City Council of Morro Bap shall first adopt the RESGLI'TIQN._.TG_S.UM"fAR.IL]'.ABAnDON_.A._PQRT.LGN_9F._P.4BL?.C_RI_GHT. =4F- YA1'.._- LOGAN,AV.EN.p,E," which is here attached as Exhibits "C", D , and "E". Offeror may withdraw this OFFER TO DEDICATE if the City Council of Morro Bap fails to adopt the above RESOL.VT.L4N within ninety days. 3. That until ouch time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the right to use said street parcel as a private street. - 1 - 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Say, at any time in the future; accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs; legatees and assignees. 6. That said Offeror agrees that any trust deeds shall be subordinance to this Officer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. """"` Offeror Offeror STATE OF G�Q S/?G91 y 4 b .([2t,q, fie/ ; s s . COUNTY OF Offeror Ord' , 19 before me, the undersigned, a Notary Public in an for said County and State, personally appeared ;��L and known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and official seal. Signature �,� A�oj, Ex�►lt�,- A LEGAL DESCRIPTION Commencing from the intersection of the centerlines of 110" and 3rd Streets as shown on the map of Atascadero Beach recorded at page 15 of Book 2 of Maps in the San Luis Obispo County Recorder's Office, State of California; thence, South 46 15' 30" West along the centerline of 3rd Street to the intersection of the centerlines of Hill and 3rd Streets, said point being the True Point of Beginning; thence, westerly along the centerline of Hill street to the point of intersection with the prolongation of the northerly right-of-way of 3rd Street; thence southwesterly across Hill Street along the northerly right- of-way line of 3rd Street to the southwesterly corner of Lot A in Block 3A of Atascadero Beach; thence, southeasterly at a perpendicular to the northerly right-of-way line a distance of 25 feet to the centerline of 3rd Street; thence, northeasterly along said centerline to the True Point of Beginning. it 7_ RESOLUTION 89-88 TO SUMMARILY ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY - "LOGAN AVENUE" THE CITY COUNCIL City of Morro Bay, California WHEREAS the right-of-way of "Logan Avenue" is presently undeveloped and has been impassable for vehicular travel for a period of more than five consecutive years, and WHEREAS no public money has been expended for maintenance of this street during this period, and WHEREAS the Circulation Element of the General Plan of the City of Morro Bay does not indicate any proposed future use or need for this right-of-way, and it is therefore excess to the City's present and future street or highway needs. NOW THEREFORE, BE IT RESOLVED in accordance with Section 8331 and 8334 of the California Streets and Highways Code, the City of Morro Bay hereby summarily vacates a portion of the public right-of- way of "Logan Avenue" as shown on the attached exhibit A. BE IT FURTHER RESOLVED THAT from and after the date this Resolution is recorded, said portion of the public right-of-way shall no longer constitute a street, highway, or public service easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on 12th day of September, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ABSTAIN: None ATTEST: "-;v DALE REDDELL, 6� 4: ARDITH DAVIS, City Clerk ':.jV.. '.`Lv= _'� \ i.,: • -.rzi s y:�t�•4.-"..,4 '`mot. -. , v �o 0 0 Q o O m U w O ' C o J i O � O N O O � � w O U Q U LEGAL DESCRIPTION COMMENCING FROM THE INTERSECTON ❑F THE CENTERLINES OF PANORAMA Dr. AND ZANZIBAR STREET AS SHOWN ❑N THE MAP ❑F ATASCAOEP.O BEACH RECORDED AT PAGE 15 OF BOOK 2 OF MAPS IN THE SAN LUIS OBISPO COUNTY RECORDER'S OFFICE, STATE OF CALIFORNIA; THENCE, SOUTHWESTERLY ALONG THE CENTERLINE OF ZANZIBAR STREET TO THE, INTERSECTION OF THE CENTERLINES OF LOGAN AND ZANZIBAR STREETS; THENCE, WESTERLY ALONG THE CENTER LINE OF LOGAN STREET T❑ THE POINT OF INTERSECTION WITH THE PROLONGATION ❑F THE NORTHERLY RIGHT-OF-WAY OF ZANZIBAR STREET, AN❑ SAID CENTERLINE POINT BEING THE TRUE POINT ❑F BEGINNING; THENCE, WESTERLY ALONG THE CENTER- LINE OF LOGAN STEET TO THE INTERSECTION WITH THE PROLONGATION OF THE WESTERLY PROPERTY LINE OF LOT A IN BLOCK 3A ❑F ATASCADERO BEACH AND SAID CENTERLINE; THENCE, SOUTHEASTERLY ALONG THE PRO- LONGATION OF THE WESTERLY LINE ❑F LOT A IN BLOCK 3A TO A POINT ON SOUTHERLY RIGHT -OF -WRY LINE OF LOGAN STREET; THENCE, EASTERLY ALONG SAID RIGHT-OF-WAY LINE OF LOGAN STREET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF ZANZIBAR STREET AND SAID RIGHT-OF-WAY LINE OF LOGAN STREET; THENCE, NORTHEASTERLY ACROSS LOGAN STREET ALONG THE PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY LINE OF ZANZIBAR STREET TO THE TRUE POINT OF BEGINNING. /10. ??In voi0 ;ZE; RESOLUTION NO. ®®_®® ?72oeeZ>0EA4 p,EF",ECT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AND ADOPTING A PARKING MANAGEMENT PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Local Coastal Program of the City of Morro Bay sets forth policies to direct the preparation and implementation of a Parking Management Plan for the Bayfront planning area and the Central Morro Bay commercial business area; WHEREAS, the Circulation Element of the General Plan of the City of Morro Bay further directs the preparation and implementation of a Parking Management Plan; 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; WHEREAS, the City Council recognizes the need to manage future parking demand and supply to provide for true orderly growth and development of the community and ensure the convenience and safety of the public; WHEREAS, the City Council has recognizes that some existing parking standards are not appropriate in their application to certain definable areas within the city, and, that the current range of parking options is too limited; WHEREAS, the City Council recommends the preparation and implementation of a Parking Management Plan in planning for the future commercial development, designs of traffic and pedestrian circulation systems, acquisition of public land, and investment in capital improvement projects; WHEREAS, the Parking Management Plan is internally consistent with the elements of the General Plan and is consistent with the Local Coastal Program and California Coastal Act. 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 and adopt the Parking Management Plan in concept, dated August 22, 1988; and City Council Resolution No. 88-88 Page Two 3. That the Council does hereby approve and adopt immediate implementation of Phase I of the Parking Management Plan; and 4. That the Council does hereby direct staff to initiate and complete the land use analysis of Phase II of the Parking Management Plan. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of August, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ll!/ice. i s 0 RESOLUTION NO. 87-88 RESOLUTION ORDERING ANNEXATION OF TERRITORY TO THE CITY OF MORRO BAY CASE NO. ANNEXATION NO. 4 (GIST) UNINHABITED SINGLE PARCEL, NORTH WEST CORNER ZANZIBAR STREET AND PANORAMA DRIVE APN NO. 64-301-02 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Local Agency Formation Commission of the County of San Luis Obispo, State of California, adopted its Resolution No. 88-4 on April 27, 1988, making determinations and approving the proposed annexation to the City of Morro Bay of territory described in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, the annexation was approved by the Local Agency Formation Commission without any terms or conditions; and WHEREAS, the reasons for this annexation are to enable the property owner to receive normal municipal services required for residential development, and unavailable under County administration, most specifically water and sewer service; and WHEREAS, the regular county assessment roll is utilized by this city; and WHEREAS, the affected territory will be taxed for existing general bonded indebtedness of this city; and WHEREAS, the Local Agency Formation Commission has authorized this Council to approve this annexation without notice and hearing and without an election, however this Council did conduct a public hearing on July 25, 1988 in order to receive all oral and written comments and all persons present were given the opportunity to hear and be heard in respect to any matter relating to this annexation request and related reports. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby orders the territory described in Exhibit A annexed, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the executive officer of the Local Agency Formation Commission of San Luis Obispo County. City Council Resolution No. Page Two 87-88 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of August, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None i ayor GIST ANNEXATION M 4 TO THE CITY OF MORRO BAY THAT POR r,o Of LOT I /N 64o=K lC OF AI 3CA E/+O pEA<N• ALCGAOINl TO MAP RECOR41F4 J✓Lv $, /9.9 /N Dm 2 qr PALE /i OF MAi, IN 7N: COON, y SAnLU/S 06/5.-0, STATE OF CAC/FORn'/A. Qr; Nfn•/G'c /OO.o'CRJ �� • /max . \ -. F C � 7E9 v. 86 sc.Fr V' � •� � 1 O./H/ AUifS � C 25' 1 t ZANZI5AR ST. EXHIBIT ? R E S O LUT = ON NO . 8 6— 8 8 RESOLUTION AUTHORIZING THE CITY ATTORNEY TO DESIGNATE AND EMPLOY AN ASSISTANT CITY ATTORNEY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by Agreement dated 15 February 1987, the Morro Bay City Council has contracted with Dr. Judy Skousen, and has desig- nated her to be the Morro Bay City Attorney to provide legal ser- vices and advice; and WHEREAS, from time to time it is necessary and reasonable to expect that Dr. Skousen may not always be available or may be on leave when the City Council and City staff require legal services and advice; and WHEREAS, the amount of legal work for the City of Morro Bay may periodically necessitate the use of additional legal assis- tance under the purview of the City Attorney; and WHEREAS, it is necessary and essential for the conduct of City services and business that legal representation to and of the City be available at all times. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that City Attorney Judy Skousen is hereby au- thorized to employ Anne Russell, Attorney at Law, as Assistant City Attorney, to attend City Council meetings, render legal ad- vice, and in general perform the duties of the City Attorney when the City Attorney is unable or unavailable to perform those func- tions; and BE IT FURTHER RESOLVED that City Attorney Judy Skousen may substitute hours billed to her by Attorney Russell for her hours on the monthly voucher submitted to the City, said hours to be paid at and subject to the same rates, terms, and conditions con- tained in the Agreement dated 15 February 1987 between the City Attorney and the City. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 22nd day of August, 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. 85-88 RESOLUTION AMENDING AND SETTING THE FINAL CITY BUDGET FOR FY 88-89 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council, by Resolution No. 64-88 adopted June 27, 1988, approved a budget and made appropriations for Fiscal Year 1988-89; and WHEREAS, Resolution No. 64-88 directed Staff to prepare and publish a final budget reflecting the changes resulting from Council.approved salary and benefit adjustments; and WHEREAS, since that time negotiations with the Morro Bay Employee Associations have been concluded resulting in necessary adjustments to budgeted salary figures; NOW, THEREFORE, BE IT RESOLVED the 1988-89 Fiscal Year Budget is hereby amended to include adjustments as detailed on Exhibits A and B attached hereto and by referenced made a part of this resolution; and BE IT FURTHER RESOLVED all other provisions of Resolution No. 64-88 remain in full force and effect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on August 22, 1988 by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 84-88 R A RESOLUTION OF THE COUNCIL OF MORRO BAY RECOMMENDING A BAIL SCHEDULE FOR VIOLATIONS OF CITY FIRE ORDINANCES AND THE UNIFORM FIRE CODE T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the Council of the City of Morro Bay as follows: The Council of the City of Morro Bay hereby recommends to the Judges of the San Luis Obispo County Municipal Court that the following bail schedule for the City of Morro Bay be adopted. The following recommended bail schedule shall only apply when a citation is issued. City Ordinance Recommended Section . esmu ion D-f, ViQ1ati-m Bail 14.60.080 Smoking Prohibited Inside $ 75.00 Theaters 14.60.140 Parking in Front of Hydrant 75.00 14.60.150 Obstructing Fire Hydrant 75.00 14.60.190 Waterfront Protection 75.00 14.60.200 Automatic Fire Sprinklers 75.00 14.60.200 Fire Resistive Roofs 75.00 14.60.210 Spark Arrester 75.00 14.60.220 Exits 75.00 14.60.230 Smoke Alarms, Motel 75.00 14.62.050 Self Inspection Violation 75.00 Uniform Fire Code 1985 3.101 Unlawful Continuance of 500.00 Hazard 3.102 Compliance with Order or 500.00 Notice 3.103 Compliance with Condemnation 500.00 Tag 3.104 Removal or Destruction of 500.00 Signs or Tag All other Uniform Fire Code Violations 75.00 AUTHORITIES 1. Morro Bay Municipal Code, Sections 1.16.010 and 14.60.130; and Uniform Fire Code Sections 2.204 (a) and 2.205. PENALTY Morro Bay Municipal Code, Chapter 1.16, General Penalty. PASSED AND ADOPTED this 22nd day of August 1988 AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, MAYOR ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 84-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AND ADOPTING THE FINAL CIRCULATION ELEMENT OF THE GENERAL PLAN THE CITY COUNCIL City of Morro Bay, California CASE NO. 03-86A WHEREAS, the General Plan of the City of Morro Bay consists of several elements, one of which is the Circulation Element, setting forth the City's plans and policies concerning vehicular, pedestrian, and bicycle routes and transportation systems; and WHEREAS, the City's adopted Circulation Element was prepared in July of 1967 and has been recognized to be in need of revisions in order to reflect current conditions; and WHEREAS, the Morro Group, Inc., consultants to the City did prepare under contract, revisions to the Circulation Element in the form of a revised Draft Circulation Element which was submitted to the Planning Commission for review in the fall of 1986; and WHEREAS, the Planning Commission has conducted a series of public hearings to review the Draft Ciruculation Element and has recommended various modifications for consideration by the City Council and which have been duly considered by the Council; and WHEREAS, the City Council has also requested and received detailed review and comments from the Streets Advisory Committee and Harbor Advisory Committee, and has conducted public hearings on July 27, August 10, August 24, September 14, October 12, November 9, 1987, and on February 4, and August 8, 1988; and WHEREAS, during all public hearings the opinions and comments of all persons were considered, and numerous modifications to the Draft Circulation Element were directed by the Council in response to these comments; and WHEREAS, the Environmental Coordinator has determined that the proposals in the Draft and Final Circulation Element will not have any significant adverse environmental impacts, and has therefore issued a Negative Declaration for purposes of CEQA; and WHEREAS, the Final Circulation Element is responsive to the City's circulation and transportation needs, reflects current conditions and is an appropriate guide for future planning and development requirements, and through consistent implementation will ensure a safe, convenient and attractive circulation system for the City; and City Council Resolution No. Page Two WHEREAS, the Final Circulation Element is internally consistent with other elements of the General Plan and is consistent with the Local Coastal Program and California Coastal Act, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the above recitations are true and correct and constitute the findings of the Council on this matter; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay, California, does hereby approve and adopt the Final Circulation Element dated August 1988, as an amendment to the General Plan of the City of Morro Bay, California, superceding and replacing the Circulation Element of 1967 in its entirety, PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of August, 1988, by the following roll call vote: AYES: Donnellv, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: /!_ -A- i fs\71)YYC��F.\V RESOLUTION NO. 83-88 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO AREA COORDINATING COUNCIL T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the Joint Powers Agreement with the San Luis Obispo Area Coordinating Council, a copy of which is attached hereto and by reference made a part hereof, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign said agreement on behalf of the City, and a copy of this Resolution be forwarded to the Area Coordinating Council office. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8th day of August, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None —:::12 DALE REDDELL, Mayor ATTEST: � Z� AR ITH DAVIS, Uity Clerk RESOLUTION NO. 81-88 AWARDING OF A FIVE (5) YEAR LEASE TO THE MORRO BAY YACHT CLUB FOR MOORING ZONE A1-3 T H E C I T Y C O U N C I L City of Morro Bay, Calfiornia WHEREAS, The Morro Bay Yacht Club serves as a City Host by providing accomodations for visiting yachts, and; WHEREAS, the Morro Bay Municipal Code designates portions of Mooring Zone Al-3 be leased to the Morro Bay Yacht Club, and; WHREAS, the Morro Bay Yacht Club has proven itself to be an acceptable tenant, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve a five (5) year lease of Mooring Zone Al-3 to the Morro Bay Yacht Club, and; 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 the 8th day of August, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK C� � DALE REDDELL, MAYOR r. RESOLUTION NO. 80-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE 1 JULY 1988 MEMORANDUMS OF UNDERSTANDING FOR ALL CITY EMPLOYEE GROUPS WITH THE EXCEPTION OF THE CONFIDENTIAL EMPLOYEES AND MORRO BAY CITY EMPLOYEES' ASSOCIATION 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 pertaining to the subject of wages, benefits, and conditions of employment with the various employee associations; and WHEREAS, these meetings have resulted in a mutual agreement and understanding to recommend that the City's employees agree to an amendment to each of their Memorandums of Understanding, which amendment affects only the provision of City -recognized holiday exchange; and WHEREAS, the City and the employees desire to amend their contracts to reflect that State Admission's Day (September 9) is no longer a City recognized holiday, however in exchange for that holiday employees in all City employee associations will be provided with an additional floating holiday to be used in accordance with the City Personnel Rules and Regulations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt in full the holiday exchange provision for all employee groups in the City of Morro Bay. PASSED AND ADOPTED by the City'Council of Morro Bay at a regular meeting thereof held this llth day of August, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: Ardith Davis, City Clerk RESOLUTION NO. 79-88 RESOLUTION VACATING THE PUBLIC'S RIGHT TO USE A PORTION OF NAPA AVENUE FOR STREET PURPOSES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the San Luis Coastal Unified School District has asked the City of Morro Bay to close a portion of Napa Avenue adjacent to Morro Elementary School for the purpose of constructing temporary classrooms and a parking lot; and WHEREAS, the City Council on July 11, 1988 adopted Resolution No. 71-88 stating its intention to vacate the public's right to use the portion of Napa Avenue for street purposes as described in the attached legal description (Exhibit "A") and drawing (Exhibit "B"); and WHEREAS, the Morro Bay Planning Commission on August 1, 1988 considered the proposed vacation and found it to be in conformance with the General Plan; and WHEREAS, the City Council on August 8, 1988 conducted a duly -noticed public hearing to consider evidence offered by persons interested; and WHEREAS, the San Luis Coastal Unified School District has executed an agreement with the City of Morro Bay fulfilling the requirements imposed upon the School District as conditions of approval of said vacation. WHEREAS, Napa Avenue from Monterey to Dunes adjacent to Morro Elementary School appears to function primarily as vehicular and pedestrian access to and from the school; traffic -pedestrian safety will improve as non -school traffic is diverted from the front of the school and bus traffic is diverted to back of the school at the end of Surf Street; and the presently -uncontrolled legs of the Beach/Monterey intersection (a situation about which parents have complained for some time) will be improved, thereby providing better conditions for student pedestrians. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that after conducting a duly -noticed public hearing to receive evidence offered by all persons interested, the City Council finds the following: 1. The above -described street of Intention No. 71-88 is prospective public use; as described in Resolution unnecessary for present or 2. The above -described street is not useful as a non - motorized transportation facility as described and defined in California Streets and Highways Code Section 2381; 3. The vacation of the above -described street is in the best interest of the City of Morro Bay and improves the safety and convenience of the general public; 4. The vacation of the above -described street conforms with the General Plan; BE IT FURTHER RESOLVED the City Council of the City of Morro Bay herewith vacates the public's right to use the above -described portion of Napa Avenue for street purposes, subject to the terms and conditions of the above -described Agreement with the San Luis Coastal Unified School District. BE IT FURTHER RESOLVED the period of this vacation shall not exceed five (5) years from this date or extend beyond any previous dated termination of said Agreement. When said Agreement terminates, the City of Morro Bay reserves the right to reopen said street to public use for street purposes. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay directs the City Clerk to cause this Resolution of Vacation to be recorded with the San Luis Obispo County Recorder's office. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the Sth Day of August, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk . EXHIEiT A • NAPA AVENUE VACATION LEGAL DESCU PTION Commencing from that point on the easterly block line which is the easterly return of Lot 12 in Block 1 of Tract 53 as shown on the map filed in Book 5 of Maps at page 74 and recorded February 24, 1950 with the San Luis Obispo County Recorder, State of California; thence, Southerly along the easterly block line of Block 1 of said Tract 53 to its intersection with the southwesterly line of Lot 10 of Rancho San Bernardo; thence northeasterly along the prolongation of the westerly line of the "Morro Union Grammar School" to its intersection with the westerly line of Block 2 of Tract 53; said point also being the southerly corner of Lot 1 in Block 2 of said Tract 53; thence, southerly along the prolongation of the westerly line of Block 2 of Tract 53, 57.00 feet to the True Point of Beginning; thence, southerly to a point on the radial to the westerly point of tangency to a curve in the northerly right -of way of the Morro Union Grammar School Drive, said curve having a radius of 180 feet and a central angle of 280101, said point also being 90.17 feet northerly along said radial, which is parallel to the easterly block line of Block 1 of Tract 53, and 28.77 feet southerly along said radial from its intersection with the southwesterly line of lot 10 of Rancho San Bernardo; thence, northeasterly 88.02 feet along a convex curve to the right having a radius of 17.24 feet and a central angle of 11800810511; thence, southeasterly along the southwesterly line of Lot 10 of Rancho San Bernardo to its intersection with the westerly right-of-way line of Napa Avenue; thence, southerly 71.84 feet more of less along said westerly right-of-way line of Napa Avenue; thence easterly 80.00 feet along a line perpendicular to the preceding course; thence northerly along the easterly right-of-way line of Napa Avenue to its intersection with the southwesterly line of Lot 10 of Rancho San Bernardo; thence, northerly a distance of 10.62 feet to a point being the beginning of a curve which is convex to the left; thence, northwesterly along the curve a distance of 134.51 feet, said curve having a radius of 125 feet and a central angle of 61039'70"; thence northwesterly and parallel to the southwesterly line of Lot 10 of Rancho San Bernardo a distance of 212.97 feet to a point being the beginning of a curve convex to the left; thence, westerly along the curve a distance of 88.02 feet, said curve having a radius of 180 feet and central angle of 28001 to the point of tangency; thence westerly and perpendicular to the easterly Block line of Block 1 of aforementioned Tract 53 a distance of 12.80 feet more or less to a point being the beginning of a curve convex to the right; thence, northwesterly 31.42 feet along the curve, having a radius of 20 feet and a central angle of 900, to the True Point of Beginning. RESOLUTION NO. 7 8 - 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE 1988-91 AGR ENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF SAN LUIS OBISPO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of contracting with the County of San Luis Obispo for animal control, regula- tion, and enforcement services within Morro Bay corporate limits; and NOW, THEREFORE, BE IT RESOVLED by the City Council of the City of Morro Bay that the 1988-91 Agreement for Animal Control Services with the County of San Luis Obispo, a copy of which by reference is made a part thereof, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign said revised Agreement on behalf of the City, and a copy of this Resolution by for- warded with the Agreement to the County of San Luis Obispo. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 25th day of July, 1988 on the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ATTEST: ITH DAMS, City Clerk RESOLUTION NO. 77-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A SIGN EXCEPTION PERMIT TO MAKE A NON -CONFORMING POLE SIGN CONFORMING 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 the 6th day of June 1988, did deny the request of Dale and Katherine Mitchell for a Sign Exception Permit to provide conforming status to an existing pole sign for property located at 500 Embarcadero, in the C-VS/PD zone, more particularly described as: APN 66-132-17 Parcel A of Parcel map 38-82 City of Morro Bay County of San Luis Obispo State of California 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 14, 1988, the applicant did appeal the Planning Commission's action to the City Council; and WHEREAS, on July 11, 1988, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING on said appeal; 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 granting the appeal: 1. The request will not be materially detrimental to the health, safety, comfort, and general welfare of persons residing in the neighborhood, or injurious to property or improvements in the neighborhood, or of the general welfare of the City; and 2. The request will not cause detrimental impacts to viewsheds of the neighborhood or the general community; and City Council Resolution No. 77-88 Page Two 3. The location of the business being advertised by the sign is situated in an area of reduced visitor traffic and visual accessibility and therefore requires more prominent signing to achieve equally effective advertising as other businesses more centrally located; and 4. The sign was not identified in the City's 1972 survey of non -conforming signs; and 5. The request is conditioned to provide for future review and reconsideration of any unforeseen impacts that may result; 6. The request is not contrary to the purpose of the Sign Ordinance; and 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 uphold the appeal and grant approval of Case No. SIGN 04-88, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of July, 1988, by the following vote to wit: AYES: Donnelly, Lemons, Odell, Reddell NOBS: None ABSENT: None ABST Shee CSIT}( DIISLL r Y ClerK • s CONDITIONS OF APPROVAL Case No. SIGN 04-88 STANDARD CONDITIONS 1. This Sign Exception Permit 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. 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. 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 - Sign 04-88 Page Two SPECIAL CONDITIONS 7. This Sign Exception permit shall expire at the end of five years or upon the substantial completion of Tidelands Park, whichever occurs first. Upon expiration the Sign Exception shall return to the City Council for reconsideration. • RESOLUTION NO. 76-88 • ITION PETITIONING THE GOVERNOR OF THE STATE OF CALIFORNIA TO NOMINATE MORRO BAY FOR THE NATIONAL ESTUARY PROGRAM T H E C I T Y C 0 U N C I L City of Morro Bay, Calfiornia WHEREAS, the Water Quality Act of 1987 which amended the Clean Water Act to include Section 320 establishing the National Estuary Program allows the State Governor to nominate estuaries of national significance to the National Estuary Program, and; WHEREAS, Morro Bay has been identified as an estuary of major environmental significance, providing support to numerous species of sealife for spawning grounds and nurseries and feeding including the Federally protected Sea Otter, and; WHEREAS, the City of Morro Bay has been declared a bird sanctuary with Morro Bay providing one of the important stopovers on the Pacific Flyway, and; WHEREAS, the integrity of Morro Bay is being threatened by contamination, sewage discharges, agricultural runoff, sedimentation build-up and loss of fish and wildlife habitat, and; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay does hereby petition the Governor of the State of California to nominate Morro Bay to the National Estuary Program as an Estuary of National Significance. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to sign any and all required documents to complete this petition 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 25th day of July, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK RESOLUTION 7S-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY ❑F MORRO BAY CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay ordinance Title 8, Chapter 8.12 requires the abatement of weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per - Title 8, Chapter 6.12 ❑f the Morro Bay Municipal Code for the year 1988; NOW, THEREFORE, BE IT.RESOLUED by the City Council of the City ❑F Morro Bay as follows: 1. That no objections to said report and assessment have been made; 2. That the written report now being submitted t❑ the City Council by City Staff setting forth an itemized report of the cost of abatement in Front of or on each separate parcel of land where work was done by the Contractor is hereby approved as submitted; 3. Said report shall be filed in the Office of the City Clerk and said City Clerk shall file a certified copy ❑F said report with the San Luis Obispo County Auditor on or before August loth of this year; and `f. The County Auditor shall thereupon enter each assessment on the County Tax Roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the provisions ❑f Government Code Sections 39S81 through 39SBB inclusive. RESOLUTION NO. 75-88 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morr❑ Bay at a regular meeting thereof held the 25th day of July, 1B88, by the following roll call vote: AYES; Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS City Clerk 1 CITY ❑F MORRO BAY 1988 WEED ABATEMENT CHARGES $34.5/hr $14/hr $8/cu.yd. Total Cost Assessor's Tractor Hand Cleared- Total plus 30% parcel time time disposed cost Admin. Fee number (hrs.) (hrs.) (cu.yds) ($) ($) 065-031-019 0 S.5 3 101.00 131.30 06S-03S-012 .5 3.6 1 75.65 98.34 065-036-019 .5 4 4.7 110.B5 144.10 065-046-017 .5 3.3 3 87.45 113.68 065-047-041 .5 3 3.7 BB.B5 11S.50 065-04B-038 .5 3 2 75.25 97.82 065-053-029 0 3 2 58.00 75.40 065-054-022 1 4 4 122.50 1S9.26 065-OSS-032 1 4 4 122.SO 1S9.26 065-OS7-018 1.S 7.3 7 209.95 272.94 065-OS7-034 .5 3 2 7S.2S 97.82 065-OSB-012 1.3 4 5 140.85 183.10 OBS-OSB-029 S 3 3 83.2S 108.22 065-061-003 1 4.6 4 130.90 170.18 OBS-061-009 1 5 6 1S2.50 198.26 OSS-061-011 1 6 6 166.50 216.46 OBS-061-012 1 4 4 122.50 159.26 OSS-061-017 1 5.2 5.8 153.70 199.82 065-062-012 .5 3 4 91.2S 118.62 OBS-062-013 .5 3 4 91.25 118.62 065-073-001 .8 4 5 123.60 160.68 065-074-015 S 3 7 115.25 149.82 OSS-083-015 1 3.7 2 102.30 132.98 06S-084-018 0 6 4 116.00 1SO.80 065-091-014 1 4 5.8 136.90 177.98 065-104-02S 1 3 3 100.SO 130.66 065-112-013 1 4.3 2 110.70 143.92 065-113-066 1 3 4 108.50 141.06 065-114-051 1.S 4.5 6 162.75 211.S8 06S-11S-OS6 1 4 S 130.SO 169.66 OES-115-OSB 1 3.5 6 131.SO 170.96 065-131-021 1 3 .3.7 106.10 137.94 OGS-152-010 6.6 10 13 471.70 613.22 065-220-027 1 3.6 3 108.90 141.58 065-233-04S 1 4 4 122.SO 1S9.26 • • 2 066-081-034 0 'f 0 56.00 72.80 066-082-010 L! 3.8 1 75.00 97.50 066-085-019 .7 3 4 9B.15 127.60 066-112-002 1.'f 5.6 7 182.70 237.52 066-125-007 1.4 'f 3.8 134.70 175.12 066-132-010 .3 3 1 60.35 78.46 066-172-002 1.6 5 3 149.20 193.96 066-174-001 2.8 6 4 212.60 276.3E 066-191-017 .4 3.4 2 77.40 100.62 066-222-040 .7 3 2 82.1S 106.B0 066-222-041 .7 3 2 82.1S 106.80 066-222-066 .7 3 2 82.15 106.80 066-231-026 .4 4 2.8 92.20 119.86 066-236-008 .8 3 2 85.60 111.28 066-252-004 .4 3 2.8 78.20 101.66 066-253-001 1.3 6.7 5.9 185.85 241.62 066-26S-015 1.3 4 2 116.85 151.92 066-265-025 1.3 4 2 116.85 1S1.92 066-312-011 .4 2.8 S.8 99.40 129.22 066-312-016 0 6.6 3.3 121.60 158.08 066-312-017 .4 2.8 3.4 BO.20 104.26 066-342-017 .3 4.6 2.6 95.55 124.22 066-391-011 .7 4 3 104.15 135.40 066-391-012 .7 4 3 104.15 13S.40 066-391-013 .7 4 3 104.15 135.40 066-391-014 .7 4 3 104.15 13S.40 066-391-01S .7 4 3 104.15 13S.40 066-391-016 .7 4 3 104.15 135.40 066-391-017 .7 4 3 104.15 135.40 066-391-018 .7 4 3 104.15 135.40 066-391-019 .7 4 3 104.15 135.40 066-391-020 .7 4 3 104.15 13S.40 066-391-021 .7 4 3 104.15 13S.40 066-391-033 .7 4 3 104.15 135.40 066-391-034 .7 4 3 104.15 135.40 066-391-035 .7 4 3 104.15 135.40 066-391-036 .7 4 3 104.15 135.40 066-391-037 .7 4 3 104.15 13S.40 066-391-038 .7 4 3 104.15 135.40 066-391-039 .7 4 3 104.15 135.40 066-391-040 .7 4 3 104.15 135.40 066-391-041 .7 4 3 104.15 13S.40 • • 3 066-391-042 .7 4 3 104.15 135.40 066-391-043 .7 'f 3 104.15 135.40 066-391-044 .7 4 3 10'f . 15 135 .'fO 066-391-045 .7 4 3 10'f.15 13S.40 066-391-046 .7 'f 3 104.15 13S.40 066-391-047 .7 4 3 104.15 135.40 066-391-048 .7 'f 3 104.15 13S.40 066-391-062 .7 4 3 104.15 135.40 066-391-063 .7 'f 3 10'f . 15 135.'f0 066-391-064 .7 4 3 104.15 135.40 066-391-OSS .7 'f 3 104.15 13S.40 066-391-066 .7 `f 3 104.15 13S.40 066-391-067 .7 'f 3 104.15 13S.40 066-391-068 .7 4 3 104.15 135.40 066-391-069 .7 4 3 104.15 135.40 066-391-070 .7 4 3 104.15 135.40 066-391-071 .7 4 3 104.15 13S.40 066-391-072 .7 4 3 104.15 135.40 066-391-073 .7 4 3 104.15 13S.40 066-391-074 .7 4 3 104.15 135.40 066-391-075 .7 4 3 104.15 13S.40 066-391-076 .7 4 3 104.15 135.`f0 066-391-077 .7 4 3 104.15 13S.40 066-391-078 .7 4 3 104.15 13S.40 066-391-079 .7 4 3 104.15 135.40 066-391-080 .7 4 3 104.15 135.40 066-391-081 .7 'f 3 104.15 13S.40 066-391-0B2 .7 4 3 104.15 13S.40 066-391-083 .7 4 3 104.15 13S.40 06B-1S2-028 1.2 4.5 4 136.40 177.32 068-153-019 0 6.5 4.5 127.00 16S.10 068-1S3-027 .8 4.2 4 118.40 153.92 068-154-003 .6 4.6 4 117.10 152.24 068-154-010 1.2 4.5 4 136.40 177.32 068-1S4-012 1.2 4.S 4 136.40 177.32 068-157-005 1.2 5.3 4.5 151.60 197.08 068-1SB-01B 1.2 6 4.5 161.40 209.82 068-164-011 1.2 6.5 7.5 192.40 250.12 068-191-012 .7 3 2 82.15 106.80 068-192-010 1.3 5 S 154.85 201.32 068-201-007 2.4 5 S 192.80 2SO.64 066-201-008 2.4 5 5 192.80 250.64 • • 4 066-215-012 .8 3.5 3 100.60 130.78 068-227-003 .8 3 2 85.60 111.2E 068-231-016 2.8 6.5 5 227.60 295.88 068-231-019 2.6 6.5 5 220.70 2E36.92 06B-231-024 2.2 S.8 4.5 193.10 2S1.OLf 068-241-010 0 1.3 6 66.20 86.06 068-243-OOS 1.2 4.S 4.5 140.40 182.52 068-245-016 1 6 4.5 154.50 200.86 068-2S1-009 1.3 3 3 110.85 144.12 068-251-010 1 3 3 100.50 130.66 068-251-013 1.3 3 3 110.85 144.12 068-2S1-014 1 3 3 100.50 130.66 068-2S1-019 1 3 3 100.50 130.66 068-252-022 1 4 4 122.50 1S9.26 068-252-044 1 4 'f 122.50 159.26 06B-2S3-025 1.`f 'f 4 136.30 177.20 06B-2S3-028 1.S 4 4 139.75 161.68 060-253-036 1 `f 4 122.SO 1S9.26 068-253-Oil 1.2 4 If 129.40 168.22 068-253-042 1.5 4 4 139.75 181.68 068-254-011 1.6 5 S.6 170.00 221.00 068-2S4-027 .8 5 4.3 132.00 171.60 068-2SS-002 .7 4.5 4 112.1S 1`f5.80 068-256-034 1 5.6 'f 144.90 188.38 06B-258-012 1.3 5 5 154.85 201.32 068-258-018 1.2 4 5 137.40 178.62 068-274-003 1.2 5 4 143.40 186.42 068-276-014 0 5 3 94.00 122.20 06B-322-016 S 5 2.7 108.85 141.52 068-381-013 1.4 4 4 136.30 177.20 068-382-001 1.6 5 4 157.20 204.36 068-383-006 1.2 4 4 129.40 168.22 068-391-001 1.8 5 4 164.10 213.34 OSB-391-002 1.8 S 4 164.10 213.34 068-391-003 1.B 5 4 164.10 213.34 068-391-OOS 1.6 5 4 157.20 204.36 068-391-006 ----------- 1.6 5 4 1S7.20 204.36 1S6 Parcels --------- 1B,827.30 --------- 24,476.20 lJ RESOLUTION NO. 74-88 RESOLUTION STATING COMMITMENT TO ALLOCATE FAU FUNDS FOR THE TWIN BRIDGES REPLACEMENT PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has $289,731 of FAU funds currently apportioned to the City but as yet unallocated to a specific project; and WHEREAS, $212,337 of these funds were apportioned to the City prior to 1986; and WHEREAS, new legislation requires Caltrans to "buy up" all unused FAU funds apportioned to the City prior to 1986 at 60% value; and WHEREAS, the City of Morro Bay desires to allocate all available FAU funds to use for that portion of the proposed Twin Bridges Replacement Project on South Bay Boulevard not eligible for funding under the Federal Bridge Replacement Program; and WHEREAS, said Twin Bridges Project will be eligible for use of FAU funding at the time of construction; and WHEREAS, the environmental document for the subject project is under preparation, has been reviewed and approved by Caltrans and Federal Highway Administration; and WHEREAS, certification of said environmental document by the San Luis Obispo County Board of Supervisors is anticipated shortly; and WHEREAS, upon completion of the environmental document it is anticipated the right-of-way for said project will be acquired in a manner commensurate with the requirements of FHWA and Caltrans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay expresses its commitment to the completion of the Twin Bridges Project; and 0 BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay intends to utilize available FAU funds to pay for of that portion of the project not eligible for payment under Bridge Replacement Funds; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay requests the entirety of its unallocated FAU funds apportioned to the City, both present and future, be allocated to the Twin Bridges Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 25th day of July, 1988, by the following vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE REDDELL, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 73-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF CONFIDENTIAL 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 with the Morro Bay Confidential Employees; and WHEREAS, the meetings between the Morro Bay Confidential Employees and the City had resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Confidential 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 changes in benefits to said Confidential 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 25th day of July 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Rtddell NOES: None ABSENT: None i Dale Reddell, Mayor ATTEST: Ardith Davis, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY 1 JULY 1988 - 30 JUNE 1992 TABLE OF CONTENTS 'ICLES SUBJECTS PAGE 1 Term 3 2 Management 3 3 Anti -Discrimination 3 4 Work Schedule 3 5 Salaries 4 6 Insurance 5 7 Education Incentives 6 8 Holidays 6 9 Vacation Leave 7 10 Administrative Leave 7 11 Sick Leave 7 12 Wellness Inc. 8 13 Overtime Compensation 8 14 Mileage 9 15 Retirement Program 10 16 Full Understanding, Modification, Waiver 10 17 No Strike, No Lock -Out 10 18 Separability 11 Signature Page 12 MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY ARTICLE 1 - TERM The term of this agreement commences on 1 July 1988 and expires and is otherwise fully terminated on 30 June 1992. 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 confidential 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 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 workshift. 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 parties agree that Confidential employees shall receive the following salaries: Exec. Sec./ City Clerk Secretary/ Dep, City CIL Acct. Clk. II 1 July 88 $20,837-$25,970 $18,589-$23,166 $18,097-$22,680 1 July 89 $22,296-$27,788 $19,518-$24,324 $19,002-$23,814 1 July 90 $23,857-$29,733 $20,494-$25,540 $19,952-$25,005 1 July 91 $25,527-$31,814 $21,519-$26,817 $20,950-S26,255 5.2 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 the PERS or the state legislature. 5.3 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. 5.4 Parties agree that 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. 5.5 The CITY payment of seven (7) percent of each employee's PERS contribution shall be made bi-weekly through 30 June 1992 at which time such payment shall terminate and CITY shall be permitted to withhold the full amount of the then current sum of employer contributions from employee's pay, unless the parties agree on or before 30 June 1992 in a written memorandum of understanding to continue the CITY pickup of employee contributions. ARTICLE 6 - INSURANCE 6.1 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. 6.2 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. 6.3 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. All 0-2 0 $19.59 $32.47 $3.07 3-4 0 $ 9.80 $16.24 $1.54 4 0 0 0 0 6.4 Any increases to the dependent portion of medical or dental premiums that occur during the term of this Agreement shall be paid one half by the employee and one half by the City. 5 6.5 LIFE INSURANCE City agrees to pay the entire premium for a $10,000 term life insurance policy on each member of the unit. ARTICLE 7 - EDUCATION INCENTIVES 7.1 CITY agrees to pay the following education incentives to permanent employees who hold degrees above the minimum required in their respective classifications: A. Associate of Arts Degree - $450 annually B. Baccalaureate Degree - $900 annually 7.2 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 1981 shall continue to receive such incentive as computed on the preceding page for the term of this agreement. 7.3 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 8 - HOLIDAYS 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day July 4 Labor Day 1st Monday in Sept. Veteran's Day November 11 Thanksgiving Day 4th Thursday in Nov. Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 New Year's Day January 1 Lincoln's Birthday February 12 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday Varies Floating Holiday 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. L 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. 9.3 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. 9.4 An employee's unused vacation leave balance as of 1 July 1983 is hereby "frozen" for cash payoff at the employee's 30 June 1983 base hourly rate, upon termination of employment with the CITY. 9.5 Beginning 16 July 1983, should an employee's bi-weekly unused vacation leave balance ever become lower in total hours accumulated than his/her ending balance of 1 July 1983 then upon termination of employment with the CITY, the employee shall only receive compensation for his/her lowest bi-weekly unused vacation leave balance computed at the 30 June 1983 employee's base hourly rate. 9.6 This section does not preclude any additional entitlement the employee may receive under 9.3 of this article. ARTICLE 10 - ADMINISTRATIVE LEAVE 10.1 Each member of the unit is eligible to earn sixteen (16) hours of administrative leave per fiscal year. 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 employee and particular regard for the needs of the services. 10.2 No administrative leave may be accumulated for use in a following fiscal year, except upon prior approval of the City Administrator. Unused administrative leave may not be cashed -out upon termination with the CITY. ARTICLE 11 - SICK LEAVE 11.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. There shall be no maximum to the amount of sick leave that an employee may accumulate. 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 ninety F (90) days of his/her accrued sick leave at twenty-five (25%) of the employee's rate of pay as of the date of service retirement. At the earliest possible date, City shall amend its contract with PERS to include sick leave conversion for retirement via PERS. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. 11.2 Wellness Incentive If the unit average sick leave utilization is reduced by 10% during FY 88-89, then any unit member who used three (3) or fewer sick leave days during FY 88-89 may convert up to twelve (12) sick leave days to vacation leave at the ratio of 3 sick leave days to 1 vacation day. An additional unit reduction in average sick leave use of 5% in FY 89-90, for a total reduction of 15% from FY 87-88 sick utilization level, will maintain this conversion program. If the average sick leave utilization attained in FY 89-90 is maintained for FY 90-91, then the conversion program remains in effect for FY 91-92. ARTICLE 12 - WELLNESS INCENTIVE 12.1 All employees in the unit will, at annual performance evaluation time, have their blood pressure checked and a cardiac monitor reading done by certified EMT-11's at the City Fire Department. 12.2 Results of the test are submitted in confidence to the employee, the evaluating supervisor, the department head, and Personnel Officer, and reviewed for preliminary physical conditioning recommendations. ARTICLE 13 - OVERTIME COMPENSATION 13.1 DEFINITION OF OVERTIME 13.1.1 All work required by the City and actually performed beyond forty (40) hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (1- 1/2) times the employee's regular rate of pay, and defined by FLSA. 13.1.2 All work required by the City and actually worked beyond eight (8) hours in a workday but less than forty (40) hours in a workweek is defined as non-FLSA D overtime. Non-FLSA overtime shall be compensated at the employee's regular rate of pay. 13.2 COMPENSATORY TIME OFF (CTO) 13.2.1 At the employee's option, Compensatory Time Off may be taken in lieu of cash payment for overtime. 13.2.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO to be taken off. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 13.2.3 An employee's CTO balance shall not exceed a maximum of forty (40) hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. 13.2.4 FLSA overtime shall be accrued and taken at one and on - half (1-1/2) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours pay at one and one-half (1-1/2) times the employee's regular rate of pay, or three (3) hours of CTO. 13.2.5 Non-FLSA overtime shall be accrued and taken at the amount of time actually worked in excess of eight (8) hours each workday. For example, if employee works two (2) hours non-FLSA overtime in a workday, the employee shall be entitled to two (2) hours pay at the regular rate of pay, or two (2) hours of CTO. 13.2.6 Employees in this unit have the option of utilizing non-FLSA overtime within the workweek it is earned, or having overtime worked in that workweek applied to their CTO accumulation. 13.2.7 All CTO requested by an employee shall be approved in advance by the employee's Department Head. ARTICLE 14 - 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. 9 ARTICLE 15 - RETIREMENT PROGRAM 15.1 The City currently participates in the State of California Public Employees' Retirement System (PEAS, 2% at 60) for members of this unit. 15.2 If the State Legislature adopts a two-tier PERS retirement program applicable to unit members, then all unit members employed after the effective date of such PERS changes shall be placed in a new retirement plan or one selected by the City. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. ARTICLE 16 - FULL UNDERSTANDING, MODIFICATION WAIVER 16.1 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. 16.2 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. 16.3 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. ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 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. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 17.3 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 18 - 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. 11 U Confidential Employees Unit Ardith Davis Elane Novak 5� 'ZO- 4 Susan L. Parks Signature City of Morro Bay Forrest W. Henderson 12 RESOLUTION NO. 72-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MISCELLANEOUS 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 pertaining to the subject of wages, bene- fits, and conditions of employment with the Morro Bay City Employees' Association; and WHEREAS, the meetings between the Morro Bay City Employees' Association and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay City Employees' Association 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 miscellaneous 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 Memo- randum of Understanding as attached and made a part of this reso- lution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 11th day of July, 1988, by the following roll call vote: AYES: Donnelly, Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None Dale Reddell, Mayor ATTEST: Ar ith Davis, vis, City Clerk MEMORANDUM OF BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY 1 JULY 1988 - 30 JUNE 1992 NO. 70-8 8 A RESOLUTION OF TEE -CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF POLICE 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 pertaining to the subject of wages, benefits, and conditions of employment with the Morro Bay Peace Officers' Association; and WHEREAS, the meetings between the Morro Bay Peace Officers' Association and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace Officers' Association 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 police 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 llth day of July, 1988, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Ardith Davis, City Clerk Dale Reddell, Mayor TABLE OF CONTENTS ARTICLE NO. SUBJECT PAGE 1 PURPOSE 1 2 TERM 1 3 RENEGOTIATIONS 1 4 RECOGNITION 2 5 AUTHORIZED AGENTS 2 6 MANAGEMENT 2 7 ANTI -DISCRIMINATION 2 8 ASSOCIATION BUSINESS 3 9 DUES DEDUCTION 4 10 WORK SCHEDULE 5 11 SALARIES 6 12 MEDICAL INSURANCE 7 13 EDUCATION INCENTIVE 8 14 UNIFORMS 9 15 HOLIDAYS 9 16 VACATIONS 10 17 SICK LEAVE 11 18 SHOOTING QUALIFICATION PAY 11 19 OVERTIME 11 20 SPECIAL PAY 12 21 MILEAGE 13 22 OUT -OF -CLASS 13 23 WELLNESS PROGRAM 13 24 PERSONNEL FILES 14 25 DEPOSIT OF DEDUCTIONS 14 26 BULLETIN BOARDS 14 27 HEALTH AND SAFETY 15 28 FULL UNDERSTANDING 15 29 NO STRIKE, NO LOCKOUT 16 30 ASSOCIATION REPRESENTATIVES 16 31 GRIEVANCE PROCEDURE 16 32 PROBATIONARY PERIOD 20 34 SEVERABILITY 20 SIGNATURE PAGE 21 MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACH OFFICERS' ASSOCIATION AND THE CITY OF MORRO BAY ARTICLE 1 - PURPOSE 1.1 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 1.2 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 1.3 WHEREAS, the Morro Bay Peace Officers' Association and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 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 Peace Officers' Association, referred to as ASSOCIATION. 1.5 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 wage, hours of employment, and other terms and conditions of employment. ARTICLE 2 - TERM Except as otherwise provided Commences 1 July 1988 and terminated on 30 June 1992. ARTICLE 3 - RENEGOTIATIONS herein, the term of this agreement expires and is otherwise fully 3.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period 1 February to 15 April 1992, its written request to begin negotiations as well as its full and entire written proposals amending this Agreement. 3.2 Upon receipt of such written notice and proposals negotiations shall begin no later than thirty (30) days after such receipt or 15 April 1992 whichever is later. ARTICLE 4 - RECOGNITION Pursuant to the the Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, the Morro Bay Peace officers' Association, (hereafter "ASSOCIATION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the representative of City employees in the Law Enforcement Unit (hereafter "UNIT"). The term "employee"or "employees" as used herein shall refer only to employees employed by city in the employer classification comprising said unit as listed in ARTICLE 11 - SALARIES. ARTICLE 5 - AUTHORIZED AGENTS 5.1 For the express purpose of administering the terms and provisions of this agreement: 5.1.1 Management's principal authorized agent shall be the City Administrator, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-1214, except where a particular management representative is specifically designated in the agreement. 5.1.2 The Morro Bay Peace Officers' Association principal authorized representative shall be the President of the Association, or his/her duly authorized representative. ARTICLE 6 - MANAGEMr r 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 con.-ent of job classifications; take all necessary actions to carry out its mission in emergencies and exercise control and direction 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, notwithstanding Article 10, WORK SCHEDULE. ARTICLE 7 - ANTI -DISCRIMINATION The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 8 - ASSOCIATION BUSINESS 8.1 RELEASE TIME FOR MEET AND CONFER 8.1.1 Employee representatives designated by the ASSOCIATION shall be granted time -off, without loss of pay, to attend "meet and confer" sessions with the Municipal Employee Relations Officer and/or his designees on subjects within the scope of representation when such meetings are scheduled during regular working hours. It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and ASSOCIATION. Where exceptional circumstances warrant, the City Administrator may approve the attendance at such meeting of additional employee representatives. The ASSOCIATION shall, whenever practicable, 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 by City management in a manner consistent with operating needs and work schedules. 8.1.2 Nothing provided herein shall limit or restrict City management from scheduling such meetings before or after regular City or work hours. 2 PROCESSING OF FORMAL GRIEVANCES 2.1 The Association agrees that whenever 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. Whenever possible, the investigation of a grievance shall be done outside normal work hours. 8.2.2 Association Representatives will be permitted reasonable time off with pay for the processing of grievances. Representatives, when required to process such grievances, shall first obtain permission from the Department Head or his/her designee and inform him/her of the nature of his/her business. Such permission will be granted promptly unless such absence would cause an undue interruption of work. If possible, the Representative shall obtain permission to process the grievance from the Grievant's Supervisor prior to the Representative leaving his/her worksite. 8.2.3 Upon entering a work location, the Representative shall inform the supervisor of the nature of his/her business. Permission to leave the job will be granted promptly to the employee involved unless such absence would cause an undue interruption of work. If the employee cannot be made available, the Representative will be immediately informed when the employee will be made available. ARTICLE 9 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE 9.1 It is agreed that CITY will withhold ASSOCIATION dues and ASSOCIATION group insurance premiums from the monthly pay of each permanent CITY employee who is a member of the ASSOCIATION. ASSOCIATION agrees to provide CITY with individual ASSOCIATION member authorizations signed by the individual ASSOCIATION member authorizing CITY to make agreed deductions; specifying the amount of each deduction; and authorizing CITY to issue a check, payable to ASSOCIATION, for the collective amount of the individual deductions. CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. CITY will issue a single check to the ASSOCIATION for the total amount of deductions withheld from the individual Police Officer's pay. The ASSOCIATION will be responsible for the accounting and disbursing of all such funds received from CITY. ASSOCIATION 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. Such notification must be received by the CITY at least two weeks prior to the effective date of the change. Also, such change notice must include a copy of the notice sent to the employees officially telling them of the change. 9.2 All Association members on payroll deduction for payment of Association dues on the day of signing of this Memorandum of Understanding must remain on payroll deduction for the life of the Agreement or so long as they remain members of the Bargaining Unit. Association members who establish payroll dues deduction during the term of this Memorandum Understanding must remain on payroll deduction for the life of this Memorandum of Agreement or so long as they remain members of the Bargaining Unit. Association members on dues payroll deduction may terminate such Association dues during the period of December 15-31 by notifying both the Association and the City Personnel Department of their termination of Association dues deduction. Such notification shall be in the form of a letter containing the following information: Employee name, job classification and department name. 9.3 Association shall indemnify and save harmless the City of Morro Bay, it's officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this article. ARTICLE 10 - WORK SCHEDULE 10.1 NORMAL HOURS 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. 10.2 WORKDAY 10.2.1 The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. 10.2.2 The lunch period shall be held as part of the eight (8) hour workday. 10.3 WORKSHIFT 10.3.1 Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. 10.3.2 Except for emergencies, employees' workshifts shall not be changed without 24-hour prior written notice to the employee. 10.3.3 Call -out or overtime does not constitute a change in workshift. 10.4 WORKWEEK The normal workweek shall be five (5) workdays and two (2) days of rest in a seven (7) consecutive day period, except in cases of emergencies. 10.5 EMERGENCIES 10.5.1 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. 10.5.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.5.3 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 10.6 SHIFT ROTATION Shift rotation shall coincide with the first day of the closest pay period. k, ARTICLE 11 - SALARIES 11.1 PERS CONTRIBUTION 11.1.1 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. 11.1.2 The CITY contribution will be the employee's actual PERS obligation to a maximum of seven (7) percent. 11.1.3 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. 11.1.4 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. 11.1.5 The Union understands and agree 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. 11.1.6 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. 11.1.7 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. 11.1.8 Parties agree that CITY payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 11.1.9 Should current tax treatment change, the Union and the employee hold harmless the CITY, it's 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. 11.1.10 Should current tax treatment change, the ASSOCIATION shall have the opportunity to meet and confer regarding any such changes. E 11.1.11 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. 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) 11.2 SALARIES 11.2.1 Salaries during the term of the Agreement shall be increased as follows: Year Julv January 1988-89 3.5% 3% 1989-90 5.5% non -sworn 0 A 1990-91 3.5% 3% 1991-92 3% non -sworn 5% B A -Sworn personnel - see RETIREMENT 11.1.11 B-Sworn personnel - see RETIREMENT 11.1.11 11.2.2 The actual salary ranges shall be: SERGEANT POLICE OFFICER CRIME KEV. COORDINATOR LEAD DISP. 517.287-S21,E38 ' DISP./CLEP.1: 516,463-520,607 July 88 526,612-533,132 522,352-528,055 520,721-525,186 S'.6.957-521,225 Jan. 89 July 89 527,410-534,126 527,410-534,126. 523,023-526,697 523,023-528,897 S2' 343-S25.942 517,806-.22,287 525, 516-S27.2,65 518 ,7E5-S23 ,513 S17,E 9'v-522,392 Jar.. 90 527,410-534,12E 523,02.i-S2E,897 5:2,516-527,356 S1E,785-523.513 S17,E90-522,392 July 90 528,369-535,320 523.829-529,908 523 .305-S22,326 519,442-524,335 518,516-523,17E Jan. 91 529,220-535,380 524,5=4-530,805 524,004-529,176 520 , 025-525, 056 519.071-SP3,E71 519,643-524,SBi July 91 529,22:-53E,38O 524,544-530,805 524,724-530,0:1 520,E-6rS25,E18 S21,E57-S27.109 S20,E25-S25,E16 Jan. 92 530,681-S3S,199 525,771-532,345 525,960-S31,E54 ARTICLE 12 - ?^_JTICAL INSURANCE 12.1. "r.E-.LTz _NSURr?:CE . During the term o_` this agreement, the City shall o`fer both indemnity and HMO insurance plans, unless during the term Or the Agreement the Employee RelatoS Committee -eC OiiLmendS alternativein carriers and the recommendation -s accepted b the City Council. 12.2 DENTkL _NSiKFNCD During the -terms of this k.greement, the Cityorrer dental inSL'_r ance--ouc'-.. a dental Ca_--er, unless d ring the term of the Agreement the Employee 3elacions Committee zee an alternative Carrier and the recommendation is accepted by the City Council. 7 12.3 Effective 1 July 1988 the employees shall pay the following monthly premium rates for medical and dental insurance: M E D I C A L D E N T A L HMO Plan 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 - 2 0 17.91 30.79 3.07 - 4 0 8.12 14.56 1.54 4+ 0 0 0 0 12.4 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. 12.5 It is agreed that the City's Employee Relations Committee shall, effective with the next solicitation of Requests for Proposals explore the feasibility of retiree health care beyond COBRA time requirements. Any coverage made available to future retirees shall be paid for by the retiree. ARTICLE 13 - EDUCATIONAL INCENTIVES 13.1 CITY agrees to reimburse the cost of tuition and books for members of the ASSOCIATION successfully passing courses approved and authorized in advance by the Chief of Police and the City Administrator. Successful passing of a course is defined as a final "C" grade or better. All books paid for by CITY will become City property to be used as a police library. CITY agrees to provide a City vehicle for transportation to and from classes on a car-pool basis and as a vehicle is available. No mileage payments are authorized for personal transportation. 13.2 For ASSOCIATION members possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay an increase of three percent (3%) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a Salary Schedule and Position Classification for City employees. 13.3 For ASSOCIATION members possessing the Advanced P.O.S.T. Certificate, CITY agrees to pay an increase of six percent (6%) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a 1] Salary Schedule and employees. ARTICLE 14 - UNIFORMS Position Classification for City 14.1 The uniform of the Law Enforcement Unit is a two-piece work uniform of a style, material, and manufacture determined by the Police Chief. Two (2) sets of uniforms, one (1) jacket and hat, and one (1) set of safety equipment will be provided to each ASSOCIATION member by the CITY upon initial employment with the Police Department. Replacements will be provided by the CITY on an "as needed basis" as determined by the Police Chief. Each ASSOCIATION member shall be responsible for the maintenance of said uniforms and equipment, and must furnish their own safety footgear of a type, style, and manufacture as determined by the Police Chief. 14.2 Beginning 1 July and ending 31 July of each year, the Police Chief will cause to be received written requests for bullet- proof vests from any ASSOCIATION member so desiring one. The number of bullet-proof vests purchased and issued each year shall be determined by the Police Chief. Each Association member issued a bullet-proof vest shall wear such vest at all times while on -duty in a City -issued uniform. 14.3 Uniforms for dispatchers shall be as set forth in Section V of the July 1983 Police Departmental Rules and Regulations. ARTICLE 15 - HOLIDAYS 15.1 For purposes of this agreement, the following days are the holidays for the employees in this unit: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day after Christmas Floating Holiday January 1 February 12 3rd Monday in February Last Monday in May July 4 1st Monday in November 11 4th Thursday Friday after December 25 December 26 Varies September in November Thanksgiving 15.1.1 Employees shall earn eight (8) hours of holiday in -lieu time on the day of the holiday. The eight (8) hours of floating holiday in -lieu time are earned the first pay period of each fiscal year. It is agreed that no employee is guaranteed the actual holiday as a day off. 15.1.2 Employees who work on a holiday listed above shall receive an in -lieu holiday as provided in 15.1.1, and also shall be paid one and one-half (1.5) times their base hourly rate for the hours actually worked on the holiday. 15.2 Holidays Proclaimed by Government Officials It is agreed that when a holiday is proclaimed by the Mayor of the CITY then each permanent member of the Morro Bay Peace Officers' Association shall be granted time -off in the same number of hours as equivalent to the time -off granted other employees of the CITY. Such time -off shall be selected by the Police Chief. 15.3 Employees have no limit on the maximum amount of holiday time they may accumulate. However, when an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 15.4 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. ARTICLE 16 - VACATION 16.1 The following is a list of vacation accrual entitlement by years of employment. YEARS ENTITLEMENT IN DAYS 1 - 2 10 3 - 4 11 5 12 6 - 7 13 8 - 9 14 10 - 11 15 12 - 13 16 14 - 15 17 16 - 17 18 18 - 19 19 20 or more 20 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. It is agreed that every effort will be made to permit ASSOCIATION members to take vacation at a time and for periods as close to members' preference as possible. consistent with the necessity for maintaining adequate manning to assure performance of police department functions. It is further agreed that every effort will be made to schedule individual vacation periods so as to maximize consecutive vacation days off consistent with annual vacation entitlements. 10 16.2 VACATION ACCUMULATION Unused vacation leave may be carried over into the following year to a maximum of 240 hours. An employee who terminates will have his/her vacation paid off to a maximum of his/her current annual entitlement. Unused vacation leave otherwise earned exceeding the authorized carry-over shall be paid -off as of the pay period containing December 31 of each yeai, at the employee's current base hourly rate of pay on June 30 of the same calendar year. ARTICLE 17 - SICK Paid sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. There is no limit on the amount of unused sick leave hours that may be accumulated by members of this unit. ARTICLE 18 - SHOOTING QUALIFICATION PAY 18.1 The parties agree that employees in this unit will participate in four (4) range sessions per fiscal year. Two (2) range sessions will be practice and two (2) will be qualifying range sessions. 18.2 CITY agrees to pay to ASSOCIATION members a monthly shooting qualification pay to be adjusted each January 1 and July 1 in accordance with the following schedule: Master 94 + score 57-60 hits = $20.00 18.2 Qualification rounds will be fired with service weapons and against targets prescribed by the Chief of Police. ARTICLE 19 - OVERTIME Overtime is defined as all work authorized by management and actually worked by the employee in excess of forty (40) hours worked in a workweek. Increments of less than fifteen (15) minutes shall not be counted as overtime. For the purpose of defining hours worked, vacation leave and holiday leave shall oe considered as time worked in a workweek. All overtime as defined above shall be paid at one and one -:calf (1.5) times the employee's regular rate of pay. NOTE: Hours spec.t in court under what used to be termed "Court Appearance Pay" shall be considered and paid as part of this article; except for the "minimum pay," which is now covered under Special Pay Practices. 11 ARTICLE 20 - SPECIAL PAY PRACTICES 20.1 STANDBY Standby duty is defined as that circumstance which requires an employee so assigned to: 20.1.1 Be ready to respond immediately to a call for service; 20.1.2 Be readily available at all hours by telephone; and 20.1.3 Refrain from activities which might impair his/her assigned duties upon call. Employees on standby shall be compensated for two (2) hours computed at their straight hourly base rate per twenty-four (24) hours of authorized standby time. 20.2 CALL BACK Call back is defined as: 20.2.1 That circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; except that, an early call in of up to two (2) hours prior to the scheduled start of a workshift shall not constitute a call back; or, 20.2.2 Required off -duty court appearance. Employees on call back shall receive either a two (2) hour minimum computed at straight hourly base rate or pay for all time actually worked, whichever is greater. An employee shall not receive overlapping minimums. An employee shall not receive standby pay for the same hours he/she received call-back pay. 20.3 FIELD OFFICER/DISPATCHER TRAINING PAY 20.3.1 An employee who is a POST qualified FTO and is assigned as an FTO, shall receive an additional one dollar ($1.00) per hour when he/she actually performs the duties of an FTO. 20.3.2 An employee who is in the classification of Dispatcher and is assigned to train a new Dispatcher, shall receive an additional one dollar ($1.00) per hour when he/she actually performs the duties of a Dispatch Trainer. 20.3.3 The parties agree, the Chief has the right to assign the FTO function to any qualified FTO and to assign the Dispatcher Training function to any qualified Dispatcher. 12 20.4 ACTING WATCH COMMANDER PAY 20.4.1 An employee who is assigned as an Acting Watch Commander shall receive an additional one dollar ($1.00) per hour when he/she actually performs the duties of an Acting Watch Commander. 20.4.2 The parties agree, the Chief has the right to assign the Acting Watch Commander function to any qualified employee. ARTICLE 21 - MILEAGE 21.1 CITY will pay $.205 per mile as reimbursement to employees for all mileage they incur when on official business. 21.2 Except where the nature of the assignment requires a marked vehicle, the employee has the option of using his/her personal automobile on official business outside of the City. ARTICLE 22 - OUT -OF -CLASS ASSIGNMENT 22.1 The term "out -of -class assignment" shall be defined as the full-time performance of the significant duties of a vacant, funded position in one classification by an individual in a classification with a lower compensation range. 22.2 If an employee is required to work in an out -of -class assignment for more than fifteen (15) work days, within a calendar month his/her department head shall, with prior approval of the Personnel Officer, make an acting appointment. Such acting appointment shall be effective on the sixteenth (16th) work day within a calendar month of the out -of -class assignment. An employee on an acting appointment shall receive a one (1) step increase within the employee's current classification salary as provided by City's Personnel Rules and Regulations. In the absence of available steps within his/her current range, the employee shall be granted a five percent (5%) increase above his/her current base salary. ARTICLE 23 - WELLNESS PROGRAM 23.1 All employees in the unit will, at annual performance evaluation time, have their blood pressure checked and a cardiac monitor reading done by certified EMT-II's at the City Fire Department. 23.2 Results of the tests are submitted in confidence to the employee, the evaluating supervisor, the department head and Personnel Officer, and reviewed for preliminary physical conditioning recommendations. 13 ARTICLE 24 - PERSONNEL FILES 24.1 DEFINITION An employee's official personnel Personnel Department under the Personnel Officer. file shall be kept in the control and custody of the The Police Department may maintain employee records, but such records must be made a part of the official file before they may be used as a part of any personnel action. Files developed as a part of an internal investigation may be maintained by the Police Department separate from the Personnel file. 24.2 ACCESS BY EMPLOYEE The contents of an employee's personnel file shall be made available to the employee, or with the employee's written authorization, to the employee's representative, at reasonable intervals during the regular business hours of the City. 24.3 PLACEMENT IN FILE The City shall notify an employee prior to the placement within the employee's personnel file of any material that would adversely effect the employee's performance evaluation, promotability or tenure. The City shall give the employee the opportunity to review such adverse material and to attach a statement thereto. The employee shall initial such material to indicate that she/he has had an opportunity to review the material. 24.4 GOVERNMENT CODE Nothing herein is meant to diminish City rights provided by the Government Code. ARTICLE 25 - DEPOSIT OF DEDUCTIONS It is agreed that City will deposit payroll deductions made payable to the San Luis Obispo City and County Employee Credit Union providing the ASSOCIATION makes arrangements for such services that are acceptable to both members and CITY under the same conditions as prevails for deductions under Article 9. ARTICLE 26 - BULLETIN BOARD 26.1 CITY agrees to furnish space bulletin boards of reasonable ASSOCIATION material. Location shall be at the Police Station in briefings or meetings. for ASSOCIATION -purchased size for the posting of of such bulletin boards an area commonly used for 14 26.2 Association agrees it shall not use bulletin boards to ridicule, defame, or harass any City employees, officer or agent. ARTICLE 27 - HEALTH AND SAFETY ARTICLE 27.1 Management shall provide and maintain safe and healthy work facilities and equipment. 27.2 Safety and health conditions in employment in the City of Morro Bay are subject to the provisions of State and Federal legislation which regulates the health environment and safety conditions of the work place. 27.3 A Citywide• Safety/Loss Control Committee shall be established and shall review accidents, review alleged safety deficiencies, and recommend safety training and safety equipment. The Union may appoint one unit representative to serve on the committee. If the committee meets during the designated employee's normal working hours, the employee shall receive paid release time to attend the meeting. 27.4 If an employee becomes alerted to an unsafe condition or health hazard, he/she shall report such conditions 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 Union if requested. 27.5 A first aid kit shall be furnished and maintained at work facilities readily and conveniently accessible to unit employees. 27.6 Management agrees to provide to employees who are exposed to potentially toxic agents or toxic materials the appropriate medical services at no cost to the employee. 27.7 Any safety equipment required by the City shall be furnished by the City. ARTICLE 28 - FULL UNDERSTANDING, MODIFICATION WAIVER 28.1 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. 15 28.2 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. 28.3 No agreement, alternation, 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. 28.4 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. ARTICLE 29 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK 29.1 ASSOCIATION agrees not to cause, authorize, advise, encourage or participate in 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 ASSOCIATION. 29.2 Participation by any employee in any activity resulting in interruption of work or other concerted action or use of paid or unpaid leave for these purposes shall subject employee to disciplinary action, up to and including, discharge. When the Municipal Employee Relations Officer has reason to believe that such leave is being used as a method of interruption work, the burden of proof of illness is upon the employee. Doctor's statements can be required. ARTICLE 30 - ASSOCIATION REPRESENTATIVES The CITY agrees that the ASSOCIATION may designate representative to represent employees in the processing of grievances. The ASSOCIATION shall furnish the City Administrator with a written list identifying by name and work location all regular and alternate representative and the list shall be kept current by the ASSOCIATION at all times. The representatives are to begin investigating grievances only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties have failed to reach resolution of the problem. ARTICLE 31 - PROCESSING OF FORMAL GRIEVANCES 31.1 The ASSOCIATION 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 16 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. CITY further agrees that any payment of overtime arising because of ASSOCIATION personnel's involvement in grievance investigation or processing shall not be 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. 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. It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employees time. This agreement is in recognition of the mutual sharing of costs involved in the handling of employee initiated actions. 31.2 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. 31.2.1 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. 17 31.2.2 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. 31.2.3 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. 31.2.4 FORMAL CONFERENCE WITH SUPERVISOR If an employee does not obtain satisfaction of this 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. 31.2.5 DEPARTMENTAL REVIEW In :he 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. 31.2.6 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 m 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 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. 31.2.7 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL In the event that the employee does not obtain satisfaction by means of the administrative procedures outlined above, he may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen (15) business days of the date of receipt of the request at the convenience of all parties, unless waived by common consent of the employee and the department head. The hearing shall be informal. The employee and/or his representative, the department head and/or the City 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. 31.2.8 TIME LIMITS In the case of time limits outlined above are not observed by the representative of the City, the employee and/or his representative shall have the right to carry the grievance directly to the next higher level of review. 31.2.9 GROUP GRIEVANCE PROCEDURE The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Administrator. Upon receipt of such a grievance, the City Administrator shall establish a time for a hearing, at which time all affected parties may appear before the City Administrator to present facts pertinent to the issue. The decision of the City Administrator shall be presented to all parties concerned within fifteen (15) business days and shall be appealable by the group to a committee of the City Council for their findings and recommendations within thirty (30) days. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five (5) working 3] days of the final decision of the committee of the City Council. ARTICLE 32 - PROBATIONARY PERIOD The parties agree that effective 1 July 1988 any appointments to fill vacant positions shall be subject to the following probationary periods: Sworn personnel - 18 months Non -sworn personnel - 12 months ARTICLE 33 - SEVERABILITY If any provision(s) are held to be contrary to law by a court a competent jurisdiction, such provisions 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. 20 s SIGNATURES MORRO BAY PEACE OFFICERS' ASSOC. By: Jerry Lennon By: ale Salfer i /. By. Jon Gajdo� / By:L�`�^� ✓/��-*Ltd—L! / J"dy Me donca-Nist CITY OF MORRO BAY m Steve Schinnerer By: iqA�� Forrest W. Henderson By: Dave Howell