HomeMy WebLinkAboutResolution 76-91 to 127-91RESOLUTIONS
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RES.NO. TITLE ADOPTED
75-91A RESOLUTION REJECTING THE OFFER OF DEDICATION OF PUBLIC
USE EASEMENT MADE ON PARCEL MAP MB90-175 07-22-91*
76-91 RESOLUTION REVISING THE LEVEL 5 EMERGENCY WATER
RATIONING PROGRAM FOR MOBILEHOME PARKS 07-08-91
77-91 RESOLUTION ANNOUNCING FINDINGS & APPROVING CUP TO ALLOW
UPGRADING OF EXISTING BUILDINGS & CHANGING USE OF THREE
EXISTING RESIDENCES INTO TWO MOTEL UNITS & OFFICE/
MANAGER'S QUARTERS FOR MOTEL - LS#50-51W 07-08-91
78-91 RESOLUTION ANNOUNCING FINDINGS & ADOPTING EXTENSIONS
FOR CONSIDERATION OF VESTING TENTATIVE TRACK MAP NO.
1996 - KEYOTO-NATALIE 07-08-91
79-91 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE 05
NOVEMBER 1991 SPECIAL ELECTION AN ADVISORY MEASURE TO
DETERMINE ELECTOR INTERESTS IN PARTICIPATING W/COUNTY
OF SLO TO OBTAIN WATER FROM NACIMIENTO RESERVOIR 07-08-91
80-91 RESOLUTION AUTHORIZING THE AGREEMENT FOR ASSIGNMENT OF
COMBINED ROAD PLAN (CRP) APPORTIONMENT TO THE LOS
ANGELES COUNTY TRANSPORTATION COMMISSION 07-22-91
81-91 RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING
THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS 07-22-91
82-91 RESOLUTION APPROVING 10-YEAR LEASE FOR LEASE SITE 113W
WITH VIRG'S FISH'N INC. 07-22-91
83-91 RESOLUTION AUTHORIZING AND DIRECTING INSTALLATION OF
STOP SIGNS ON JUNIPER AVE. AT ELENA ST. 07-22-91
84-91 RESOLUTION COMMENDING GEORGE CARPENTER UPON HIS RETIRE-
MENT FROM PUBLIC SERVICE 07-22-91
85-91
86-91
87-91
88-91
89-91
90-91
RESOLUTION PLACING INITIATIVE MEASURE RE: MANDATORY
STATE WATER ON NOVEMBER 5TH BALLOT
RESOLUTION RATIFYING SAN LUIS OBISPO AREA COORDINATING
COUNCIL JPA FOR FY 1991-92
RESOLUTION OF INTENTION TO LEVY SUPPLEMENT ASSESSMENTS
MIMOSA ST. SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLUTION OF PRELIMINARY APPROVAL OF SUPPLEMENTAL
ENGINEER'S REPORT - MIMOSA ST. ASSESSMENT DIST.
RESOLUTION APPOINTING TIME & PLACE OF HEARING PROTESTS
RE: MIMOSA ST. SUPPLEMENTAL ASSESSMENT & DIR. NOTICE
07-30-91
08-12-91
08-12-91
08-12-91
08-12-91
RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF SUPPLEMENTAL
ASSESSMENT DISTRICT, DIRECTING FILING OF MPA & DIRECTING
RECORDATION OF NOTICE OF SUPP. ASSESSMENT - MIMOSA ST. 08-12-91
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RESOLUTIONS
1 9 9 1
RES.NO. TITLE ADOPTED
91-91 RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PUBLIC
RIGHT-OF-WAY AS MADE ON PARCEL MAP MB89-428 -
BT& THE DUCK 08-12-91
92-91 RESOLUTION ANNOUNCING FINDINGS & ALLOCATING THE FIRST
QUARTER SPECIAL BUILDING AWARD IN ACCORDANCE WITH
ORD.393 08-12-91
93-91 RESOLUTION SUPPORTING THE CALIFORNIA NATIONAL GUARD &
ITS EXISTING LEVEL OF BUDGET 08-12-91
94-91 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE 90/90W
FROM ABALONE UNLIMITED RESEARCH, INC., TO MRS. EDNA
EDDY 08-12-91
95-91 RESOLUTION AUTHORIZING MAYOR TO EXECUTE LOAN DOCUMENTS
WITH THE DEPT. OF BOATING & WATERWAYS FOR THE RECON-
STRUCTION OF THE CITY SOUTH T-PIER 08-12-91
96-91 VOID
97-91 VOID
98-91 VOID
99-91 RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES
THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT 08-26-91
100-91 RESOLUTION AUTHORIZING & DIRECTING DESIGNATION OF A
15-MINUTE ON -STREET PARKING LIMITATION ON FRONT STREET
ADJACENT TO THE CENTENNIAL PARKWAY RESTROOM FACILITY 08-26-91
101-91 RESOLUTION ANNOUCNING FINDINGS & APPROVING A SPECIAL
USE PERMIT TO ALLOW USE OF CITY STREETS FOR SALE OF
ICE CREAM & SIMILAR FROZEN PRODUCTS FROM MOTER VEHICLE 08-26-91
102-91 RESOLUTION ADOPTING EMERGENCY PLAN & REAFFIRMING CITY
COUNCIL DECLARATION OF EMERGENCY MADE IN RESOLUTIONS
13-92 & 28-91 DUE TO FURTHER DEGRADATION OF THE WATER
SUPPLY FOR THE CITY 08-29-91
103-91 RESOLUTION AMENDING THE LEVEL 5 WATER RATIONING PROGRAM 08-29-91
104-91 RESOLUTION REVISING THE LEVEL 5 EMERGENCY WATER
RATIONING PROGRAM FOR MOBILEHOME PARKS 09-09-91
105-91 RESOLUTION AUTHORIZING THE RECORDING OF A DEED
RESTRICTION FOR THE SOUTH T-PIER RECONSTRUCTION 09-23-91
RESOLUTIONS
1 9 9 1
RES.NO. TITLE ADOPTED
106-91 RESOLUTION ADOPTING SUPPLEMENTAL ENGINEER'S REPORT
AND CONFIRMING THE SUPPLEMENTAL ASSESSMENT 09-23-91
107-91 RESOLUTION EXTENDING DEADLINES FOR DEMOLITION OF
EXISTING BUILDING ON LS#51/51W & EXTENDING DEADLINE
FOR CESSATION OF RESIDENTIAL USES ON LS#50/50W & 51/51W 09-23-91
108-91 RESOLUTION ESTALBISHING UNDERGROUND UTILITY DISTRICT
NO. 5 10-14-91
109-91 RESOLUTION AMENDING 1991-92 FY MASTER FEE SCHEDULE
TO INCLUDE FEES FOR TENNIS COURT RESERVATIONS 10-14-91
110-91 RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION FOR
12-17-91 FOR PURPOSE OF VOTING ON INITIATIVE MEASURE
MANDATING PARTICIPATION IN STATE WATER PROJECT 10-14-91
111-91 RESOLUTION RE: EMPLOYEES AUTHORIZED TO PURCHASE
FEDERAL SURPLUS PROPERTY FROM STATE OF CALIFORNIA 10-14-91
112-91 RESOLUTION APPROVING PAUP#443 FOR 1991 LIGHTED BOAT
PARADE 10-28-91
113-91 RESOLUTION URGING FEDERAL GOVERNMENT TO INVESTIGATE &
ACCOUNT FOR ALL POW/MIA MEMBERS 10-28-91
114-91 RESOLUTION SUPPORTING SMALL WILDERNESS AREA PRESERVA-
TION'S EFFORTS TO ACQUIRE THE EL MORO ELFIN FOREST 10-28-91
115-91 RESOLUTION APPROVING DESTRUCTION OF CERTIAN POLICE
DEPARTMENT RECORDS, DOCUMENTS, & PAPERS, PURSUANT
TO §34090 & 39090.6 OF THE CA GOV'T. CODE 11-12-91
116-91 RESOLUTION AUTHORIZING PROGRAM SUPPLEMENT NO. 005 TO
LOCAL AGENCY/STATEMENT AGMT. NO. 05-5391 FOR THE MAIN
ST. & QUINTANA RD. IMPROVEMENT PROJECT 11-12-91
117-91 RESOLUTION AUTHORIZING PROGRAM SUPPLEMENT NO. 006 to
LOCAL AGENCY/STATE AGMT. NO. 05-5391 FOR THE MAIN ST.
& QUINTANA RD. IMPROVEMENT PROJECT
118-91 RESOLUTION APPROVING TDA CLAIM FOR FY 1991/92 11-12-91
119-91 RESOLUTION URGING RESTORATION OF ADEQUATE FUNDING IN
FY 91-92 & THEREAFTER FOR ABC ENFORCEMENT ACTIVITIES 11-12-91
120-91 RESOLUTION APPROVING SIX MONTH EXTENSION TO EDNA EDDY
SEMIANNUAL RENTAL PAYMENTS FOR LS#90/90W 11-12-91
121-91 VOID
122-91 RESOLUTION APPROVING AMENDMENT TO LS#50/50W FOR CONSOLI-
DATION WITH LS#51/51W & ADDITION OF VISITOR SERVING
MOTEL AS A PERMITTED USE 11-25-91
RESOLUTIONS
1 9 9 1
RES.NO. TITLE ADOPTED
123-91 RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD ON 05 NOVEMBER 1991; DECLARING RESULTS 11-25-91
124-91 VOID
125-91 RESOLUTION APPROVING EXCLUSIVE SOLID WASTE FRANCHISE
AGMT. W/MB GARBAGE SERVICE, 1-1-92 through 12-31-96,
& INTERIM NON-EXCLUSIVE AGMT. TO CONTINUE EXISTING
CURBSIDE RECYCLING SERVICES 12-09-91
126-91 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING APPPEAL
OF PLANNING DEPT. DECISION
127-91 RESOLUTION ANNOUCNING FINDINGS & APPROVING EIR AS
COMPLETE & ADEQUATE & APPROVING SUBJECT TO CONDITIONS
A VESTING TTM, CUP & CDP FOR SUBDIVISION OF AN 84
ACRE PARCEL (CLOISTERS) 12-09=91
CITY COUNCIL RESOLUTION NO. 127-91
), RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN ENVIRONMENTAL
IMPACT REPOR AS A COMPLETE AND ADEQUATE DOCUMENT AND APPROVING
SUBJECT TO CONnITIONS A VESTING TENTATIVE TRACT MAP, CONDITIONAL USE
PERMIT AND CJASTAL DEVELOPMENT PERMIT FOR A SUBDIVISION OF AN 84 ACRE
PARCEL
CASE NO. CUP 28-90/TM 01-90/CDP 42-90/EIR
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 4th, 6th and 18th day of November, 1991, held
duly noticed PUBLIC HEARINGS to consider the request of Keyoto-
Natalie for a Tentative Tract Map, Conditional Use Permit, and Coastal
Development Permit to allow the subdivision of an 84 acre parcel to
create 120 single family residential lots with the remainder to be
used for open space purposes located north of Morro Bay High School,
west of Highway One and south of Azure Street in the CRR/GC/MMR/PD
zoning district, more particularly described as:
APN 65-152-7,8,10
65-271-21 thru 30
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, on November 18, 1991, following all public testimony,
the Planning Commission did adopt resolution No. 45-91 recommending
approval of the request to the City Council; and
WHEREAS, the City Council of the City of Morro Bay on the 25th
day of November and the 9th day of December, 1991 did hold duly
noticed PUBLIC HEARINGS to consider the request; and
WHEREAS, the site is zoned CRR/GC/MMR/PD which allows such uses
subject to the review and approval of a Conditional Use Permit Concept
Plan and Precise Plan pursuant to Chapter 17.36 of the Zoning
Ordinance, a Coastal Development Permit, and a Tentative and Final
Subdivision map pursuant to Chapter 16 of the Zoning Ordinance and the
California Subdivision Map Act;
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 an initial study
found that the project could result in significant impacts on the
environment and, therefor an Environmental Impact Report has been
prepared and found complete and adequate for certification by the
City Council; and
City Council
Page 2
Resolution
No. 127-91
WHEREAS, at said PUBLIC HEARING on December 9, 1991, after
considering the Final EIR, staff reports, Planning Commission
recommendations, and the testimony of all persons, if any, wishing to
testify, the City Council made the following findings:
1. That the subject project as proposed could cause significant
environmental impacts, as identified in the EIR, relating to land
use, visual/aesthetics, affordable housing, traffic generation,
air quality noise, geology, drainage and water quality,
ecological resources, and public services; but that these can be
reduced to less than significant levels by mitigations
recommended in the EIR which have been incorporated into the
recommended conditions. Reference is made to the staff report of
November 4, 1991 which discusses many of these issues in depth,
to the minutes of the Planning Commission hearings of November
4th, 6th, and 18th which part of the record and justification for
project approval including the resolution of environmental
concerns all of which are incorporated herein by reference as if
fully setforth.
2. That the EIR concludes that certain unavoidable significant
impacts will result from approval of the project, specifically
potential impacts from storm waves flooding, tsunmi run-up,
filling of small areas which could potentially be classified as
wetlands under the Coastal Act, and impacts to city water
supplies.
3. That said significant adverse impacts are not feasibly mitigated
and may be unavoidable; that numerous sites within the City are
subject to occasional risk from storm wave damage or tsunmi run-
up a fact of life along the coast which is shared by many
existing developed portions of the city and which through the
city's Emergency Response Plan can be reduced to an acceptable
level; that the potential wetlands areas to be filled are subject
to differing scientific opinions as to their character,
designation and value, but that which the Planning Commission
finds to be small, isolated, degraded and proximate to urban
development which render their habitat value minimal, and through
project approval substantially more valuable wetland and habitat
areas will be created as mitigation; and while water service
cannot be guaranteed at this time, this situation also applies to
all other properties that are vacant or partially developed
within the city and that no commitment to serve future land uses
at this site is made by this approval, and long term solutions to
water supply questions will likely be in place before this
project ever places demand on the system, and the site is already
subdivided with approximately 175 lots which will revert to
acreage upon final map approval, and to deny this project based
on water supply alone would be to treat this project differently
than others which the city has approved.
V
City Council
Page 3
0
Resolution No. 127-91
4. The General Plan/LUP and zoning ordinance contain specific
guidance as to the kinds, locations, and intensity of uses
allowed on the site and further provide specific performance
standards related to any future development.
The application has been designed and found to conform with the
adopted policies and criteria with respect to the location of the
proposed subdivision within the clustered development areas and
viewshed corridors defined by the GP/LUP and shown by Figure 32
of that document; the total number of units proposed at 120 are
consistent with maximum number allowed, and the minimum lot size
of 6,000 sq. ft. is also consistent; the area comprising the sand
dune formations is set aside as an ESH area, and extensive
revegetation work is conditionally required to restore the area;
public access is provided at the north and south ends of the
project and lateral access is provided through the site along the
base of the dunes and pedestrian and bike paths are shown on
Coral Avenue connecting with the high school, and that these
access provisions comply with the requirements of Chapter 3 of
the California Coastal Act.
5. The project has further been found to comply with the specific
policies of the GP/LUP and zoning ordinance with respect to
protection of views, environmentally sensitive resources, public
access, circulation, hazards and other requirements as described
above under the discussion of environmental impacts and
mitigations.
6. The project meets the definition of infill in that it is a
previously subdivided area of at least 175 existing residential
parcels currently occupying positions on the city's long term
building allocation list, and that city utilities are contiguous
to and within the property, and that the property is surrounded
on three sides by fully developed urban portions of the city, and
that the site is within the urban/rural boundary of the city.
Further, the project assists in implementing the General Plan/LUP
by providing for an orderly, planned development pattern fully
consistent with the General Plan Land Use Map and Zoning Map.
7. The project assists in implementing the Housing Element of the
General Plan which calls for the provision and encouragement of a
variety of housing types and opportunities within the city.
8. The project is a subdivision of lots only in an existing
subdivided area, with no residences to be constructed as part of
this approval, and the total number of residential sites shall be
reduced by approximately 55 from those now existing, and the
•
City Council Resolution No. 127-91
Page 4
project has been conditioned such that any future residential
development must first obtain necessary water equivalencies
through the city's programs.
9. The project complies with Chapter 16 of the MBMC with respect to
optional subdivision design and related improvements, and that
the optional design is justified in order to contribute to a
better community environment through the dedication of extensive
public areas, restoration of the ESH area, provision of scenic
easements, and provision of larger than usual lots adjacent to
such areas, and maintenance of a consistent lot layout pattern
adjacent to existing development on the north side of Azure
Street.
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 Case No. CUP 28-90/CDP 42-
90/TM 01-90, subject to the conditions and exhibits attached
hereto.
PASSED, APPROVED, AND ADOPTED, on the 9th day of December, 1991,
by the following vote to wit:
AYES: Baker, Luna, Wuriu, Sheetz
NOES: Mullen
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 126-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
ANNOUNCING FINDINGS AND UPHOLDING AN APPEAL OF A DECISION
BY THE PLANNING DEPARTMENT AND PROVIDING
LEGAL STATUS TO A SECOND RESIDENTIAL UNIT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on October 18, 1991 an application was made for an
electrical permit for property located at 500 Marina Street; and
WHEREAS, the Planning Department, following staff investigations
on the legal status of a second residential unit on property located
at 500 Marina Street, determined that a permit could not be issued due
to the finding by staff, that the second unit did not have legal
status and was therefore in violation of Morro Bay Municipal Codes;
and
WHEREAS, on November 7, 1991 Mr. and Mrs. Sprague, owners of
property at 500 Marina, appealed the decision made by the Planning
Department that the unit was not a legal second unit; and
WHEREAS, on November 25, 1991 the City Council held a duly
noticed PUBLIC HEARING to consider the appeal; and
WHEREAS, the Environmental Coordinator determined that the
appeal is exempt for purposes of the California Environmental Quality
Act, and no further documentation is necessary; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report and the testimony of all persons wishing to testify, the City
Council found the following facts and reasons to justify its action:
1. The property is located in an R-3 Multi -Family Zone; and
2. There exists a history of building permits on the site; and
3. The square footage of the addition done in 1978 represents the
size of a normal second unit; and
4. The electrical circuits within the structure are normal size for
a second unit.
5. The second unit has an outside separate entrance.
6. There is evidence and testimony from a person who worked on the
addition project that the kitchen of the second unit was in place
at the time of the final inspection made by the City.
City Council Resolution No. 126-91
Page Two
7. Permit No. 18952 issued for the construction in 1978 which
listed the development as an addition to a single family
residence was a mistake as the permit was actually intended by
the owners to be for a second unit addition; and
8. That the owners may apply for and be granted, retroactively, the
required coastal development permit and water equivalencies
required for second residential units.
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 grant legal
status to the second residential unit located on property at 500
Marina Street.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Morro Bay, on the 9th day of December, 1991, by the following vote
to wit:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
6; �� Lmwn=�
AI�DITH DAV , City Clerk
RESOLUTION NO. 125-91
A RESOLUTION APPROVING AN EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT
BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE SERVICE FOR THE
PERIOD JANUARY 1, 1992 THROUGH DECEMBER 31, 1996 AND AN INTERIM NON-
EXCLUSIVE AGREEMENT WITH MORRO BAY GARBAGE SERVICE TO CONTINUE TO
PROVIDE EXISTING CURBSIDE RECYCLING SERVICES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Chapter 8.16 of the Morro Bay Municipal Code
establishes regulations and procedures to provides for the storage,
collection, and removal of all garbage, refuse, rubbish, waste
materials, and recyclable materials, hereinafter collectively
referred to as "solid waste", generated and/or accumulated within the
City; and
WHEREAS, pursuant to Section 8.16.240 of the Morro Bay Municipal
Code, the City of Morro Bay, hereinafter referred to as "City" and
Morro Bay Garbage Service, hereinafter referred to as "Contractor,"
entered into a franchise agreement for mandatory refuse collection
within City limits, dated March 8, 1982, effective January 1, 1982,
and terminating December 31, 1991; and
WHEREAS, Section 8.16.500 of the Morro Bay Municipal Code
established a City-wide curbside recycling program and said franchise
agreement was amended March 12, 1990 to provide for Contractor to
operate said program; and
WHEREAS, it is necessary to continue solid waste collection and
disposal services and curbside recycling services; and
WHEREAS, City has determined it is in the public interest to
enter into an exclusive franchise agreement with Contractor for a
term of five years with an option to renew for an additional five
years for Contractor to collect and dispose all solid wastes
generated and/or accumulated within City, excluding recyclables and
other materials placed in special containers for separate collection
and diversion from disposal at a landfill; and
WHEREAS, City has determined it is in the public interest to
enter into an interim non-exclusive franchise agreement with
Contractor for a limited term for Contractor to continue to provide
curbside recycling services within City, pending the completion of a
Request for Proposals (RFP) process for such services and related
award of a contract within the first six months of 1992; and
WHEREAS, Contractor has the management and technical personnel
and other assets to provide said solid waste and curbside recycling
services; and
RESOLUTION NO. 125-91
PAGE 2
WHEREAS, Contractor desires to provide said services to City;
and
WHEREAS, the agreements set forth herein supersede that certain
franchise agreement dated March 8, 1982 and amended March 12, 1990.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
1. The attached exclusive solid waste franchise agreement between
the City of Morro Bay and Morro Bay Garbage Service for the
period January 1, 1992 through June 30, 1996, attached hereto
and incorporated herein by reference, is hereby approved.
2. The attached interim non-exclusive curbside recycling franchise
agreement between the City of Morro Bay and Morro Bay Garbage
Service, attached hereto and incorporated herein by reference,
is hereby approved.
3. The City Administrator is hereby authorized to sign said
agreements.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held on the 9th day of December, 1991 by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
��Z40-�
ARDITH DAVIS, City Clerk
MCU/LC:SWFA:RESAGMT
0 0
RESOLUTION NO. 123-91
RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD IN THE CITY OF MORRO BAY ON THE
5TH DAY OF NOVEMBER, 1991; DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a special municipal election was held and conducted in the City of
Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of
November 1991, as required by law; and
WHEREAS, notice of said election was duly and regularly given in time, form
and manner as provided by law; that voting precincts were properly established; that
election officers were appointed and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and the returns made
and declared in time, form, and manner as required by the provisions of the Elections
Code of the State of California for the holding of elections in cities; and
WHEREAS, the
Board of Supervisors
of San Luis Obispo
County has duly
canvassed or caused to
be canvassed the votes
cast in the City of
Morro Bay by the
voters of the City at
the special municipal
election consolidated
with the Special
Districts Election held on November 5, 1991, and
the County Clerk has
duly certified to
this City Council the result
of the votes cast at said election which
said certification is
attached hereto and by
reference 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 established for the holding of state and county
election.
2. That said general municipal election was held for the purpose of voting on the
following measures as submitted to the electors of said City:
MEASURE "A" - TRANSIENT OCCUPANCY TAX INCREASE
Shall Section 3.24.030 of the Morro Bay Municipal Code, T a x
imposed, by amended to increase the Transient Occupancy Tax
("bed tax") from eight percent (8%) to nine percent (9%)?
MEASURE "E" - STATE WATER PROJECT
ADVISORY VOTE ONLY
Should the City Council of Morro Bay be authorized and directed to
participate in and issue revenue bonds or sell certificates of
participation or both to provide funds to finance a minimum of
1,313 acre feet of water per year for the City from the Coastal
Branch of the California Aqueduct Project, and to construct
related local facilities?
Resolution No. 123-91
Page Two
MEASURE "F - NACIMIENTO RESERVOIR WATER
ADVISORY VOTE ONLY
Shall the City of Morro Bay participate with the County of San
Luis Obispo to increase its water supply by obtaining water from
the Nacimiento Reservoir?
3, The City Council does declare and determine that:
The required number of qualified voters voting on MEASURE "A" relating to
Emergency Medical Services did vote in favor thereof, and said measure was
carried.
The required number of qualified voters voting on MEASURE "E" relating to
State Water did vote in favor thereof, and said measure was carried.
The required number of qualified voters voting on MEASURE "F" relating to
Nacimiento Water did vote in favor thereof, and said measure was carried.
4. At said election the measures voted for and the number of votes given for and
against each measure are as set forth in the attached certification.
5. 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 attached certification.
6. That the City Clerk
shall certify
to the passage and adoption of
this resolution;
shall enter the same
in the book
of original Resolutions of said
City; and shall
make a minute of
the passage
and adoption thereof in the
records of the
proceedings of the City Council
of said City, in the minutes of
the meeting at
which the same was
passed and
adopted.
PASSED AND ADOPTED by the Morro Bay City Council at a special meeting
thereof held on the 25th day of November, 1991 on the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
I
ARDITH DAVIS, City Clerk
i
0
11-5-91 SAN
LUIS OBISPO COUNTY
DISTRICTS ELECTION MEASURE A
- TRANSIENT
OCCUPANCY TAX Page 1. i
Precinct
Voters
Trno t
Pct
A
8
C
D
E F G H 1 J K L
______ ...... ..... ...... _.. -- ------ ------ ------
________________________
CON PRECINCT
1
______
1010
______
321
_____ .:.....
31.8
.-...__
5
------
0
193
_-._.--
123
CON PRECINCT
2
922
341
37.0
4
1
192
144
CON PRECINCT
3
910
290
31.9
1
1
163
125
CON PRECINCT
4
882
329
37.3
7
1
184
137
CON PRECINCT
5
664
233
35.1
4
0
152
77
CON PRECINCT
6
901
304
33.7
5
0
195
104
CON PRECINCT
7
909
353
38.8
7
0
236
110
ABSENTEE CON
1
0
124
0.0
2
0
88
34
ABSENTEE CON
2
0
Ill
0.0
0
0
85
26
ABSENTEE COI
3
0
72
0.0
0
0
44
28
ABSENTEE COI
4
0
85
0.0
0
0
61
24
ABSENTEE CON
5
0
74
0.0
0
0
48
26
ABSENTEE CON
6
0
110
0.0
1
0
76
33
ABSENTEE CON
7
0
132
0.0
0
0
101
31
Precinct
Totals
6198
2171
35.0
33
3
1315
820
Absentee
Totals
0
708
0.0
3
0
503
202
Total Votes
6198
2879
46.5
36
3
1818
1022
_____._-___-e_-_____-__-___._,.__________- C 0 L U M N L E G E N D ----------------------------------------------------
A: A - CITY OF MORRO BAY D: A - CITY OF MORRO BAY G: J:
TRANSIENT OCCUPANCY TAX TRANSIENT OCCUPANCY TAX
Blank Votes NO
B: A - CITY OF MORRO BAY Et H: K:
TRANSIENT OCCUPANCY TAX
Over Votes
C: A . CITY OF MORRO BAY F: I: L:
TRANSIENT OCCUPANCY TAX
YES
6 6
11-5-91 SAN
LUIS OBISPO COUNTY DISTRICTS ELECTION MEASURE E
- MORRO
SAY STATE WATER ADVISORY Page 5. 1
Precinct
........................
Voters
Trnout
Pct
A
B
C
D E F 0 H 1 J K
CON PRECINCT
1
......
1010
......
321
..... ......
31.8
......
5
......
0
......
199
...... ...... ...... ...... ...... ....... ...... ...
117
CON PRECINCT
2
922
341
37.0
2
1
237
101
CON PRECINCT
3
910
290
31.9
5
0
159
126
CON PRECINCT
4
882
329
37.3
6
0
211
112
CON PRECINCT
5
664
233
35.1
3
0
124
106
CON PRECINCT
6
901
3D4
33.7
8
0
143
153
CON PRECINCT
7
909
353
38.8
9
0
220
124
ABSENTEE CON
1
0
124
0.0
4
0
63
57
ABSENTEE CON
2
0
ill
0.0
3
0
51
57
ABSENTEE CON
3
0
72
0.0
1
1
36
34
ABSENTEE CON
4
0
85
0.0
2
1
34
48
ABSENTEE CON
5
0
74
0.0
3
0
31
40
ABSENTEE CON
6
0
110
0.0
3
0
54
53
ABSENTEE CON
7
0
132
0.0
0
0
71
61
Precinct
Totals
6198
2171
35.0
38
1
1293
B39
==s Absentee
Totals
0
708
0.0
16
2
340
350
Total Votes
6198
2879
46.5
54
3
1633
1189
A: E - CITY OF MORRO BAY
STATE WATER - ADVISORY
Blank Votes
B: E - CITY OF MORRO BAY
STATE WATER - ADVISORY
Over Votes
C: E - CITY OF MORRO BAY
STATE WATER - ADVISORY
YES
............... C 0 L U M N L E G E N D ---_.-------------------
D: E - CITY OF MORRO BAY G: J:
STATE WATER - ADVISORY
NO
E:
H:
K:
F:
-------------- .---------
1:
.---------------------- ._„-----
L:
,...............
L
11-5-91 SAN LUIS OBISPO COUNTY DISTRICTS ELECTION MEASURE F
- MORRO SAY NACI RES H2O ADVISORY Page 6. 1
Precinct
Voters
Trout
Pet
A
B
C
------
D E F G H I J K L
------ ______ ------ ------ ------ ------ ------ ---- --
------------------------
CON PRECINCT 1
------
1010
------
321
----- ------
31.8
------
9
-.-...
0
262
50
CON PRECINCT 2
922
341
37.0
7
0
271
63
CON PRECINCT 3
910
290
31.9
9
0
222
59
CON PRECINCT 4
$82
329
37.3
7
1
268
53
CON PRECINCT 5
664
233
35.1
4
0
194
35
CON PRECINCT 6
901
304
33.7
2
0
248
54
CON PRECINCT 7
909
353
38.8
9
0
293
51
ABSENTEE CON 1
0
124
0.0
2
0
108
14
ABSENTEE CON 2
0
111
0.0
1
0
93
17
ABSENTEE CON 3
0
72
0.0
3
1
47
21
ABSENTEE CON 4
0
85
0.0
2
2
72
9
ABSENTEE CON 5
0
74
0.0
0
0
62
12
ABSENTEE CON 6
0
110
0.0
0
0
92
18
ABSENTEE CON 7
0
132
0.0
1
0
106
25
=_> Precinct Totals
6198
2171
35.0
47
1
1758
365
Absentee Totals
0
708
0.0
9
3
580
116
=_> Total Votes
6198
2879
46.5
56
4
2338
481
A: F - CITY OF MORRO BAY
NACI RES H2O ADVISORY
Blank Votes
B: F - CITY OF NORRO BAY
NACI RES H2O ADVISORY
Over Votes
C: F . CITY OF MORRO BAY
NACI RES H2O ADVISORY
YES
.......... ...... C 0 L U M N L E G E N D _---__---_-__-_____-.------__.------
D: F - CITY OF MORRO BAY G: J:
NACI RES H2O ADVISORY
NO
E:
H:
K:
F:
I:
L:
0 1 0
CERTIFICATE OF COUNTY CLERK
RESULT OF CANVASS OF VOTES CAST
CITY OF MORRO BAY -MEASURE "A"
CONSOLIDATED DISTRICTS ELECTION
NOVEMBER 5, 1991
STATE OF CALIFORNIA )
) as.
COUNTY OF SAN LUIS OBISPO )
I, FRANCIS M. COONEY. County Clerk -Recorder of the County of
San Luis Obispo, State of California, do hereby certify that pursuant
to law, I did canvass the returns of the above -referenced election
held in said City on November 5, 1991, and that the total number of
votes cast in said City for each measure is as stated on the attached
Statement of Votes Cast, the original of which is on file in my office.
MEASURE "A": Shall Section 3.24.030 of the Morro Bay
Municipal Code, Tax imposed, be amended
to increase the 'Transient Occupancy Tax
("bed tax") from eight percent (8%) to
nine percent (9%)?
DATED: November 13, 1991
FRANCIS� Count IaL Recorder
•
CERTIFICATE OF COUNTY CLERK
RESULT OF CANVASS OF VOTES CAST
CITY OF MORRO BAY MEASURE "B"
CONSOLIDATED DISTRICTS ELECTION
NOVEMBER 5, 1991
STATE OF CALIFORNIA )
) as.
COUNTY OF SAN LUIS OBISPO )
I, FRANCIS M. COONEY, County Clerk -Recorder of the County of
San Luis Obispo, State of California, do hereby certify that pursuant
to Law, I did canvass the returns of the above -referenced election
held In said City on November 5, 1991, and that the total number of
votes cast in said City for each measure is as stated on the attached
Statement of Votes Cast, the original of which is on file in my office.
ADVISORY VOTE ONLY
MEASURE "E": Should the City Council of Morro Bay be
authorized and directed to participate in
and issue revenue bonds or sell certificates
of participation or both to provide funds to
finance a minimum of 1,313 acre feet of water
per year for the City from the Coastal Branch
of the California Aqueduct Project and to
construct related local facilities?
DATED: November 13. 1991
FRANCISS M. COON Y, County le -Recorder
CERTIFICATE OF COUNTY CLERK
RESULT OF CANVASS OF VOTES CAST
CITY OF MORRO BAY MEASURE
CONSOLIDATED DISTRICTS ELECTION
NOVEMBER 5, 1991
STATE OF CALIFORNIA )
) as.
COUNTY OF SAN LUIS OBISPO )
I, FRANCIS M. COONEY, County Clerk -Recorder of the County of
San Luis Obispo, State of California, do hereby certify that pursuant
to law, I did canvass the returns of the above -referenced election
held in said City on November 5, 1991, and that the total number of
votes cast in said City for each measure is as stated on the attached
Statement of Votes Cast, the original of which is on file in my office.
ADVISORY VOTE ONLY
MEASURE "F": Shall the City of Morro Bay participate
with the County of San Luis Obispo to
increase its water supply by obtaining
water from the Nacimiento Reservoir?
DATED: November 13. 1991
FRAA I. COONE , County erk- ecorder
RESOLUTION NO. 122-91
APPROVAL OF AMENDMENT TO LEASE SITE 50/50W FOR
CONSOLIDATION WITH LEASE SITE 51/51W
AND ADDITION OF VISITOR SERVING MOTEL AS A PERMITTED USE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City is the lessor of tidelands property known as
Lease Site 50/50W and Lease Site 51/51W, and;
WHEREAS, Associated Pacific Constructors is the lessee of said
leases, and;
WHEREAS, per Resolution #107-91 Associated Pacific has received a
Conditional Use Permit for reconstruction of the improvements on the
said leases, and
WHEREAS, Associated Pacific is terminating existing residential
uses on said leases and desires to add visitor serving motel as a
permitted use and;
WHEREAS, both parties agree to terminate the lease for Lease Site
50/50W and combine it with the lease for Lease Site 51/51W and amend
the lease per the attached Lease Amendment;
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that the attached Lease Amendment is hereby approved,
combining Lease Site 50/50W with Lease Site 51/51W, adding visitor
serving motel as a permitted use, extending the lease term and
clarifying minimum rent schedules for both sites.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 25th day of November, 1991,
by the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
DITH -2DAVIS,
A DA CITY CLERIi�—
AMENDMENT #1 TO LEASE FOR LEASE SITE 51-51W
This amendment to the lease for Lease Site 51-51W is entered into on
November 25, 1991 by and between the City of Morro Bay a
municipal corporation of the state ofCaliforniaand Associated
Pacific Constructors Inc. a California Corporation, hereinafter called
"TENANT'-.
Whereas, TENANT is a party to the current lease for Lease Site 50-50W
which will expire on March 31, 2011; and
Whereas, TENANT is a party to a lease for Lease Site 51-51W which will
expire September 30, 2017; and
Whereas, TENANT and CITY desire to consolidate the two leases for
Lease Sites 50-50W and 51-51W into one lease; and
Whereas, TENANT and CITY mutually agree to terminate the current lease
for Lease Site 50-50W and amend the lease for Lease Site 51-51W to
include Lease Site 50-50W and extend the termination date to September
30 2021.
Now Therefore, TENANT and CITY shall provide for amendment of that
lease dated September 30, i987 for Lease Site 51-51W as follows:
1. The first paragraph at the top of page 2, the line reading "Lease
Site 51-51W located at 471 Embarcadero Street, Morro Bay
California" shall be amended to read, "Lease sites 50-50W and 51-
51W located pj 451 and 471 Embarcadero Street. Morro Hay CA"
2. section 1.10 Term: The termination date shall be amended to
read "September 30, 2021".
3. Section 2.01 Minimum Rent: The first sentence shall be deleted
and replaced to read as follows: "Combined semi-annual minimum
4.
5.
Section 13.05 B: In consideration of 13 above, and of TENANT'S
investment in reconstruction of improvements on the site, Section
13.05 B of the lease shall be deleted.
Section 3.01 permitted Uses, the entire Section 3.01 is deleted
LEEIEES1E . •
LEASE SITE srs�x
PILE 2
Continued use of the premises for residential uses after March
,, 1992 shall constitute a breach of the lease and sha 1_at thg
gption of CITY terminate this tease."
6. Section 13.05 Removal of Buildings, paragraph A shall be deleted
and replaced to read as follows:
A.
All other terms and conditions of said lease agreement dated September
30, 1987 shall remain in full force and effect.
In witness whereof the parties hereto have executed this lease
amendment:
BAY
IE SHEE'CZ, MAYOR
ATTEST:
ARDITH DAVIS, CITY CLER9-
APPROVED AS TO FORM:
J DY SKOUS N CITY ATTORNEY
NOTARY:
Y FFI ER
PACIFIC CONSTRUCTORS, INC.
• 0
RESOLUTION NO. 120-91
APPROVAL OF SIX MONTH EXTENTION TO MRS. EDNA EDDY
FOR SEMIANNUAL RENTAL PAYMENTS
FOR LEASE SITE 90/90W
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City is the lessor of tidelands property known as
Lease Site 90/90W and;
WHEREAS, the lease for said property was assigned to Mrs. Edna
Eddy on August 12, 1991; and
WHEREAS, Mrs. Eddy was granted a 90 day extension period for
payment of rent to allow Mrs. Eddy to locate a qualified sub -tenant or
assignee; and
WHEREAS, Mrs. Eddy has requested an additional extension on the
Lease Site rental payments for a six month period until May 12, 1992;
and
WHEREAS, Mrs. Eddy has agreed to pay the July 1, 1991, the
January 1, 1992 semiannual payments plus 10% penalty and interest of
1% per month to be paid in full by May 12, 1992;
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that an extension of six months where the City will not
initiate collection action for non-payment of rent is granted to Mrs.
Eddy. Semiannual rental payments plus penalty and interest must be
paid in full by May 12, 1992 or upon assignment of the lease,
whichever occurs first.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 12th day of November, 1991,
by the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
ARDITH DAVIS, CITY CLERK
t
11�ESC31 Tj rr 31C:)N NO _ 119-91
A RESOLUTION URGING THE RESTORATION OF ADEQUATE
FUNDING IN FISCAL YEAR 1991-92 AND THEREAFTER FOR
THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL
FOR ENFORCEMENT ACTIVITIES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the California State Department of Alcohol Beverage
Control (ABC) has aggressively enforced the laws prohibiting the
sale of alcohol to minors and preventing illicit activities such
as prostitution operations and the sale of narcotics at liquor
outlets in our community; and
WHEREAS, the City of Morro Bay has urgent need to be assured
the ABC has the resources to discharge its duty to enforce these
laws in Morro Bay and San Luis Obispo County for the protection
of the public health and safety; and
WHEREAS, the anonymity of ABC investigators and the special-
ized expertise of the ABC enforcement officers greatly enhances
the likelihood of successful investigation and prosecution of
certain alcoholic beverage -related criminal offense, including
unlawful sales to minors, prostitution related alcohol sales vio-
lations, and illegal narcotic sales at business premises licensed
by the ABC; and
WHEREAS, in the last many years, the State has fully occu-
pied the field of issuing licenses for the retail sales of alco-
hol under California State Constitution Article 20, Section 22,
and the State has limited the ability of municipalities to col-
lect certain revenues and to enforce Statewide laws pertaining to
certain alcohol -related business operational regulations and
criminal law enforcement; and
WHEREAS, in light of this preemption, the State has also
accepted an obligation to local agencies and the people of this
State to use the revenues as generated by the ABC from the regu-
lation of the retail sales of alcoholic beverage and the proceeds
of criminal fines or forfeitures relating to violations of ABC
regulations for the enforcement of State laws pertaining to alco-
hol sales; and
WHEREAS, a reduction by the State of the funding level
available to the ABC during Fiscal Year 1991-92 violates the
covenant of the State to local agencies and the people to enforce
the laws and regulations applicable to the retail sales of alco-
holic beverages; and
Resolution No. 119-91
Page Two
WHEREAS, a reduction by the State of the funding level
available to the ABC is likely to have an adverse effect upon the
public health, safety and welfare resulting in costs far in
excess of any alleged savings from the proposed ABC reduction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby urge the Governor of the State of
California and the Legislature of the State of California to take
immediate steps to continue funding for the ABC at a level neces-
sary to adequately enforce State laws in local communities per-
taining to alcohol -related business operational regulation and
criminal law enforcement.
PASSED AND ADOPTED by the Morro Bay City Council at a regu-
lar meeting thereof held on the 12th day of November, 1991 on the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
az: zL_�:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 118-91
RESOLUTION APPROVING THE CITY OF MORRO BAY'S TRANSPORTATION
DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1991/92
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, revenues derived from 1/4-cent of the retail sales tax
collected statewide are apportioned to local governments to be used
for transportation purposes pursuant to the State of California
Transportation Development Act (TDA) of 1971; and
WHEREAS, the City of Morro Bay's apportionment of TDA funds for
FY 1991/92 is $235,400; and
WHEREAS, the City intends to use its TDA revenues for expenses
associated with the operation of Morro Bay Dial -A -Ride (DAR) and the
San Luis Obispo Regional Transit Authority, which operates the
regional fixed -route system (CCAT) and the demand -response regional
handicapped service (Runabout), and bicycle/pedestrian pathway
projects or bicycle safety education as directed by the San Luis
Obispo Area Coordinating Council on July 10, 1991, pursuant to the
State of California Public Utilities Code, Article 3, Section 99234,
Article 4, Section 99260(a), and Article 6.5, Sections 99313 and
99314; and
WHEREAS, the City of Morro Bay hereby states a preference for
using additional TDA funds, if such funds become available, for the
City's DAR operations, provided however, that the City reserves the
right to file an amended claim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay to approve the City's TDA claim for FY 1991/92,
authorize the City Administrator to sign the necessary claim
documents, and direct Staff to submit said claim to the San Luis
Obispo Area Coordinating Council.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on the 12th day of November, 1991 by the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ARDITH DAVIS,
0 •
RESOLUTION NO. 117-91
RESOLUTION AUTHORIZING PROGRAM SUPPLEMENT NO. 006 TO THE LOCAL
AGENCY/STATE AGREEMENT NO. 05-5391 FOR THE MAIN STREET AND QUINTANA
ROAD IMPROVEMENT 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 been granted Federal Aid for
installation of the traffic signal and road improvements at Main
Street and Quintana Road; and
WHEREAS, the City of Morro Bay has had an agreement for Federal
Aid since February 13, 1979 and is subject to all the terms and
conditions thereof; and
WHEREAS, this Program Supplement No. 006 for construction
engineering and construction is hereby incorporated into the Local
Agency/State Agreement for Federal Aid.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council of the City of Morro Bay approves Program
Supplement No. 006.
2. The City Council of the City of Morro Bay further stipulates
that as a condition to payment of funds obligated to this
project, it accepts and will comply with the covenants or
remarks set forth as a part of Program Supplement No. 006.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on the 12th day of November, 1991, by the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSt 9ARIE 9HE9TZ, Ma r
ATTEST•
ARDITH DAVCity Clerk
• Date October 3, 1991
PROGRAM SUPPLEMENT NO. 006 I Location: 05-SLO-0-MOBY
to 1 Project Number: M-MG-Y356(005)
LOCAL AGENCY -STATE AGREEMENT E.A. Number: 05-929559
FOR FEDERAL -AID PROJECTS NO. 05-5391 CRP-L089(588)
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 02/13/79 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
MAIN ST IN THE CITY OF MORRO BAY FROM APPROX. 540 FEET SOUTH TO 835
FEET NORTH OF QUINTANA RD.
TYPE OF WORK: TRAFFIC SIGNAL, LIGHTING, & A.C. OVERLAY LENGTH: 0.2 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right-of-way [ ]
[X] Construction Engineering [X] Construction
Estimated Costl Federal Funds Matching Funds
IW32 $ 36,238 Local OTHER OTHER
$ 202,065 W33 $ 158,7622 $ 7,065 $ 0 $ 0
CITY OF MOR HAY
BY
RO E MAR SHEETZ, ayor
Date Novembers 14, 1991
Attest �t i
Title Ardith Davis. City Clerk
STATE OF CALIFORNIA
Department of Transportation
By
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting officer o,. Date /0-3-41/ $ 195000.00
Chapter Statutes I Item Year I Program ISCI Fund Source I AMOUNT
118 1991 2660-101.890 91-92 20.30.010.200 C 229020 892-F 195000.00
F
05-SLO-0-MOBY
M-MG-Y356(005)
SPECIAL COVENANTS OR REMARKS
DATE: 10/03/91
PAGE: 2
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
3. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR--2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
4. In executing this Program Supplemental Agreement, Local.
Agency hereby reaffirms the "Nondiscrimination Assurancyes°'
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
• Date October 3, 1991
PROGRAM SUPPLEMENT NO. 006 Location: 05-SLO-0-MOBY
to Project Number: M-MG-Y356(OO5)
LOCAL AGENCY -STATE AGREEMENT E.A. Number: 05-929559
FOR FEDERAL -AID PROJECTS NO. 05-5391 CRP-LO89(588)
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 02/13/79 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
MAIN ST IN THE CITY OF MORRO BAY FROM APPROX. 540 FEET SOUTH TO 835
FEET NORTH OF QUINTANA RD.
TYPE OF WORK: TRAFFIC SIGNAL, LIGHTING, & A.C. OVERLAY LENGTH: 0.2 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK"
[ ] Preliminary Engineering [ ] Right -of -Way ( ]
[X] Construction Engineering [X] Construction
Estimated Costl Federal Funds I Matching Funds
W32
$
36,238
Local
OTHER
OTHER
$ 202,065IW33
$
158,762I$
7,065
$ OI$
0
$
0
CITY OF MORR BAY
STATE OF CALIFORNIA
Department of Transportation
By
By
ROSE MARI
HEETZ,
or
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date November 14 1991
Attest
Title Ardith Davis, City Clerk
Date
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer D(}vx Date 10-3-71 $ 195000.00
Chapter Statutes I Item Year I program JBCJ Fund Source AMOUNT
118 1991 2660-101-890 91-92 20.30.010.200 C 229020 892-F 195000.00
05-SLO-0-MOBY DATE: 10/03/91
M-MG-Y356(005) PAGE: 2
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles ui.i.li-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 19, Subpart C - 22, Allowable Costs.
RESOLUTION NO. 116-91
RESOLUTION AUTHORIZING PROGRAM SUPPLEMENT NO. 005 TO THE LOCAL
AGENCY/STATE AGREEMENT NO. 05-5391 FOR THE MAIN STREET AND QUINTANA
ROAD IMPROVEMENT 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 been granted Federal Aid for
installation of the traffic signal and road improvements at Main
Street and Quintana Road; and
WHEREAS, the City of Morro Bay has had an agreement for Federal
Aid since February 13, 1979 and is subject to all the terms and
conditions thereof; and
WHEREAS, this Program Supplement No. 005 for preliminary
engineering is hereby incorporated into the Local Agency/State
Agreement for Federal Aid.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council of the City of Morro Bay approves Program
Supplement No. 005.
2. The City Council of the City of Morro Bay further stipulates
that as a condition to payment of funds obligated to this
project, it accepts and will comply with the covenants or
remarks set forth as a part of Program Supplement No. 005.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on the 12th day of November, 1991, by the
following vote:
PROGRAM SUPPLEMENT * 005
to
LOCAL AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 05-5391
Date: October 4, 1991
Loco n: 05-SLO-0-MOBY
Project Nu>r: M-MG-Y356(004)
E.A. Number: 05-929560
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 02/13/79 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
ON MAIN ST BETWEEN WILLOW CAMP CREEK & SURF ST AND AT THE
INTERSECTION OF MAIN ST & QUINTANA RD.
TYPE OF WORK: VER CVE IMP,SIGNAL,OVERLAY & REDELIN LENGTH: 0.2 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost Federal Funds
I Matching Funds
W33 $ 6,353
Local
OTHER
OTHER
$ 35,000
W32 $ 27,65$I$
997I$
0
$ 0
CITY OF MO BAY
STATE OF CALIFORNIA
Department of Transportation
B
By
RO E MARI SHEETZ, yor
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date November 14, 1991
Date
Attest %jZ'/�z
P
Title _Ardith Davis, City Clerk
I hereby Certify upon my personal knowledgebudgeted funds are available for this encumbrance:
knnowwll /edgge�thhat
Accounting Officer{' �'' �V `/J
Date /0y 9/ $ 34003.00
Chapter Statutes I Item I Year
Program 1BC1 Fund Source AMOUNT
118 1991 2660.101-890 91-92
20.30.010.200 C 229020 892-F 34003.00
05-SLO-0-MOBY •
M-MG-Y356(004)
DATE: 10/04/91
PAGE: 2 ,
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
PROGRAM SUPPLEMENT 10 005
to
LOCAL AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 05-5391
Date: October 4, 1991
Loca : 05-SLO-0-MOBY
Project Nui: M-MG-Y356(004)
E.A. Number: 05-929560
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 02/13/79 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. approved by the Local Agency on
(See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
ON MAIN ST BETWEEN WILLOW CAMP CREEK & SURF ST AND AT THE
INTERSECTION OF MAIN ST & QUINTANA RD.
TYPE OF WORK: VER CVE IMP,SIGNAL,OVERLAY & REDELIN LENGTH: 0.2 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -of -Way [ ]
( ] Construction Engineering [ ] Construction
Estimated Costl Federal Funds I Matching Funds
W33 $ 6,353 Local OTHER OTHER
$ 35,000 W32 $ 27,650I$ 997I$ 0 $ 0
CITY OF MORR "BAY
By
ROSE MARIE HEETZ, Ywyor
Date November 14, 1991 _
Attest, a
Title Ardith Davis, City Clerk
STATE OF CALIFORNIA
Department of Transportation
By
DISTRICT LOCAL
STREET AND ROADS ENGINEER
Date
I hereby Certify upon my persona
al kn
nowledge that budgeted funds are available for this�eencumbrance:
Accounting off icert/ '_' Date �0 '7" $ 34003.00
Chapter Statutes [ Item I �/. r I U Program IBCI Fund Source I AMOUNT
118 1991 2660-101-890 91-92 20.30.010.200 C 229020 892-F
34003.00
05-SLO-0-MOBY •
M-MG-Y356(004)
DATE: 10/04/91
PAGE: 2,
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
3. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Division of
Local Streets and Roads.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub -contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles L}t;li-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
RESOLUTION NO. 115-91
A RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN POLICE
DEPARTMENT RECORDS, DOCUMENTS, AND PAPERS, PURSUANT
TO SECTIONS 34090 AND 39090.6 OF THE GOVERNMENT
CODE OF THE STATE CALIFORNIA.
T H E C I IF Y C 0 U N C I L
City of Morro Bay, California
WHEREAS the Chief of Police has submitted a request for
authority to destroy obsolete records; and
WHEREAS said request is in accordance with the procedures and
requirements or Section 34090 and 34090.6 of the California
Government Code; and
WHEREAS the Chief of Police has stipulated the useful.
retention period for the Police Department records;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MORRO BAY
CALIFORNIA THAT;
1. The following records, documents, instruments, books
or papers are no longer required and may be destroyed.
(a) Recordings of telephone and radio communications
and copies of E9-1-1 printouts over one hundred and
eighty (180) days old, providing such recordings
and copies are not evidence in any claim filed or
any pending litigation (or potential claims and
litigation), in which case, such recordings shall
be preserved for one hundred and eighty (180) days
after the conclusion of litigation.
(b) Receipts for miscel-laneous police services and
parking bail over two (2) years old.
(c) Records of expired licenses and permits over two
(2) years old.
(d) Records of lost and found items, that have been
lawfully disposed of, over two (2) years old.
(e) Miscellaneous non -criminal reports and
correspondence over two (2) years old.
(f) Police daily activity records and logs over two (2)
years old.
V. w •
(g) Background reports and records on potential
employees who were not hired, that are over two years
old.
(h) Police dispatch cards over two (2) years old.
(i) Field interview cards over two (2) years old.
(j) All crime and supplemental reports, index cards, and
logs, of infractions, misdemeanors, and felonies over
three (3) years old, providing:
(1) They do not relate to an arrest, except for
Section 2 below.
(2) They do not relate to unserved warrants.
(3) They do not involve identifiable items which
have
not been recovered.
(4)
They
do not relate to 290 Penal Code, 457.1
Penal
Code or 11.590 Health and Safety Code
registrants.
(5)
They
do not relate to a criminal death.
(6)
They
do not: relate to violations listed in
Penal
Code Sections 799 and 800.
(7)
The cases
are not presently involved in either
civil
or criminal litigation.
(8)
They
do not involve outstanding missing person
and runaway-
juveniles.
(k) Duplicates of records may be destroyed at any time
when the duplicates are no longer needed.
(1) Records pursuant to Government Code Section 34090.5.
2. (a) Records pertaining to the arrest or conviction of
any person for a violation of subdivision (b), (c),
(d) or (e) of Section 11357 or subsection (b) of
Section 11360 of the Health and Safety Code
occurring after January 1, 1976 shall. not be kept
beyond two years from the date of conviction, or
from the date of arrest if there was no conviction.
(b) Records pertaining to arrests for foreign warrants.
2
N
11
(c) Records pertaining
not retained by the
Justice.
to arrests for offenses that are
California Department of
(d) Records of other arrests upon the death of the
arrestee.
(e) Retainable juvenile arrest records will be retained
until the arrestee is 25 yrs of age, or if committed.
to a California Youth Authority facility, five years
from the date of release, whichever is longer.
3. Any documents relating to citizen complaints or
investigations in response to citizen complaints
relating to members of the Police Department and
internal affairs investigation files shall be retained
for a. period of at least five (5) years, providing such
documents are not evidence in any claim filed or any
pending litigation (or potential litigation), in which
case such documents shall be preserved for five (5)
years after the conclusion of litigation.
4. Arrest warrants according to a recall schedule
established by the courts for the timely return of
warrants or any other record that, must be destroyed
pursuant to an established statute or by court order.
PASSED AND ADOPTED by the Morro Bay City Council att a regular
meeting thereof held on the 12th day of November, 1991, on the
following vote:
AYES:
NOES:
ABSENT
F"s"s
Baker, Luna, Mullen, Wuriu, Sheetz
None
None
— an��
ARDITH DAVIS, City Clerk
3
- - - -- -_-.------- -
R SE MA IE � TZ, Ma, r
i 0
RESOLUTSON NO. 114-91
A RESOLUTION SUPPORTING THE SMALL WILDERNESS
AREA PRESERVATION'S EFFORTS TO ACQUIRE
THE EL MORO ELFIN FOREST
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Small Wilderness Area Preservation (SWAP), Los Osos/Morro
Bay Chapter, was instrumental in preserving the 90-acre Los Osos Oaks State Reserve
and the Batista Ranch on Turri Road as sensitive wildlife and vegetation habitats; and
WHEREAS, their efforts are now focused on saving the El Moro Elfin Forest visi-
ble from Morro Bay off South Bay Boulevard, a stretch of unbroken green chaparral and
pygmy oaks; and
WHEREAS, in 1986 by Resolution No. 36-86, the Morro Bay City Council encour-
aged and endorsed the efforts of SWAP to acquire and preserve the El Moro Elfin
Forest; and
WHEREAS, SWAP is in the process of applying to the California Department of
Transportation (CalTrans) for a $500,000 grant toward the purchase of the El Moro
Elfin Forest through a CalTrans program which funds environmental activities to miti-
gate adverse impacts of local transportation projects specified in the CalTrans Master
Improvement Plan; and
WHEREAS, the planned widening of Los Osos Valley Road from Los Osos Creek
to Turri Road by the County of San Luis Obispo will have environmental impacts that
can and should be mitigated through nearby habitat preservation actions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay,
California, does hereby support and endorse the application and efforts of the Los
Osos/Morro Bay Chapter of the Small Wilderness Area Preservation to acquire the El
Moro Elfin Forest in its remaining natural state utilizing grant funds available through
the California Department of Transportation.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting
thereof held on the 28th day of October, 1991 on the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
R S ARIE ETZ, yor
ATTEST
ARDITH DAVIS, City Clerk
E
RESOLUT=ON NO. 113-91
RESOLUTION URGING THE FEDERAL GOVERNMENT TO
INVESTIGATE AND ACCOUNT FOR ALL POW/MIA MEMBERS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the United States is nearing the twentieth anniversary of the end of
the Vietnam War; and
WHEREAS, over 2200 members of the United States Armed Forces are still
unaccounted for; and
WHEREAS, animal bones and miscellaneous pieces of material sent back as
remains do not constitute adequate verification of the fate of those Americans desig-
nated as missing -in -action; and
WHEREAS, the Defense Intelligence Office, charged with the responsibility of
researching and verifying information on the missing Americans, may not have pursued
such activities with the diligence expected by the American people; and
WHEREAS, the United States Senate may appoint a special committee to study
the entire issue of those Americans missing in Vietnam.
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay and its citi-
zens do hereby:
1. Support and encourage the United States Senate to form a special commit-
tee to investigate the issue of American citizens missing in Vietnam.
2. Request a complete accounting by the Defense Intelligence Office to the
families of those missing and the people of this nation as to the actions and process used
over the last twenty years to locate or verify the fate of those Americans missing in
Vietnam.
3. Request to the President of the United States, George Bush, to commit the
necessary resources to ensure that all missing Americans are accounted for and this
unfinished business of the Vietnam War be once and for all laid to rest
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting
thereof held on the 28th day of October, 1991 on the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
Asti DITH DAVIS, City Clerk
0
WHEREAS,
to approve of
and,
RESOLUTION NO. 112-91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING PUBLIC AREA USE PERMIT NO. 443
FOR THE 1991 LIGHTED BOAT PARADE
T H E C I T Y C O U N C I L
City of Morro Bay, California
the Morro Bay Municipal Code requires the City Council
and authorize all special events held in the harbor;
WHEREAS, the City will be sponsoring the Annual Lighted Boat
Parade on December 7, 1991 starting at 6:00 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 7, 1991.
BE IT FURTHER RESOLVED by the City Council that the Recreation
and Parks Director is authorized to issue Public Area Use Permit No.
443 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 October, 1991 by the
following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
MAYOR
ATTEST:
i
ARDITH DAVIS
CITY CLERK
f/w/co issn/res90
( l
RecreAon
& oParl6AY s
*PERMIT# 00443
APPLICATION FOR
PUBLIC AREA TISF PFRMTT
GENERA \`` I!
NAME I �C.IL1.a • s l• DATE --
last q I
1 l�ast first initial
ADDRESS —I.— I1 PHONE �'"�z-407i ome
g341Z. work
city state zip
IF REPRESENTI AN ORGANIZATI^ON, COMPLETE THE FOLLOWING:
ORGANIZATION NAME ' !"'a1J�.lU PLEASE CHECK BOX I )profit
PURPOSE OF ORGANIZATION_ LQ. i aG �►'-Lw.�� 14 non-profit
IRS Number (if non-profit)
EVENT INf_0,R—MATIION: p WI LL FEE BE CHARGED? I Iyes Ono
� EVENT DATE,YS;—T , 19 _L1 If yes, please explain the purpose and amount of fee.
EVENT TYPE_]_ (dance, meeting, etc.)
m
(please inc u e preparation & clean-up ime)
%attending that are Morro Bay residents?_ 4n
ESTIMATED ATTENDANCE: 01271
z-1 C Adults
(1
Will alcohol be served? I I yes Xno —Youth
Will a live band be performing? I I yes Ano Is electricity required? I I yes Van /�Z= Total
SITE INFO
•
I Ives Kno City streets and/or parking areas must be closed for this event.
I I yes no Temporary structures are to be built for this event.
I Ives no Open flames, refueling of vehicles or other fire hazards exist for this event.
EQUIPMENT REQUESTED: Check all that apply
I Ichairs ,Kones Aarricades Apodium I I kitchen utensils ,D(7 garbage cans
Ant bles flashers I I PA system I Ibases I Iscoreboard I concession building
I I other, specify
AGREEMENT FOR USE OF CITY PROPERTY:
The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall
assume all risks for loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above; the
applicant further agrees that in consideration of permission to use the City property above; he, she or the organization will save,
defend, and hold the City of Morro Bay and/or their employees free and harmless from any loss, claims, liability or damages, and/or
injuries to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant
further agrees to be personally responsible for anydama sustained to the grounds, building, fixtures or equiyment, as a result of
their use of City Property. The applicant further cerY i—s-I'l�iep/shoe has reardd the omdeessp_n the reversa side and agrees to abide by them.
note f I
NOTE: This application must be accompanied by a deposit to he considered for approdkl, Charges and fees due 15 days prior to use.
DEPARTMENT APPROVAL — Office Use Only
Department I )yes I )no I (with conditions
Conditions: 1.
RECREATION AND PARKS SUMMARY —Do Not Write
FEE ASSIGNMENTS: FEE SUMMARY
Deposit Received) I$
5. @$ _$ Fees Received J$
6; @ $ _ $ Insurance Cert. 1 )
Permit Approved: Date Recreation and Parks Director.
Mure — Office Canary — Applicant 8/ue — Police Pink — Fire
6
Ca. State Dept. of General Services
Office of Surplus Property
1421 No. Market Blvd.
Sacramento, Ca. 95834
SP Form No. 202 (2J 87)
RESOLUTION NO. 111-91
"BE IT RESOLVED by the Governing Board, OR by the Chief Administrative Officer of those organizations which do not
have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and signature(s)
are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from the
California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form."
NAME
(Print or type.)
A. Louise Burt
Joe Loven
Dick Rodgers
B
OR
Jerry Ramos
-Jeff Jones
Joe Woods
PASSED AND ADOPTED this 14th
the City of Niorro
TITLE SIGNATURE
by the following vote: Ayes: 4 ; Noes: 0 ; Absent: 1
I, Ardith Davis ,Cferkofthe Governing Board of
the City of Morro Bay do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board at a City Council meeting thereof held at its regular place of
meeting at the date and by the vote above stated, which resolution is on file in the o ce of the Board
city CAe-x�,
Citv of Morro Ba
Name of organization
595 Harbor St.
Mailing address
Mnrrn Ran 4an T.ni c nhi en2 rdi442
Ciry Comty r ZIP code
C. AUTHORIZED this day of
Name of chief administrative officer
Name of organization
Mailing address
(Signed)
Rose Marie Sheetz, Ma
19 , by:
City County Zip code
NOTE: IF YOU HAVE A GOVERNING BOARD, SECTIONS "A" AND "B"' SHOULD BE COMPLETED.
1F YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED.
TERMS AND CCNDl'170NS
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 1954; within the
meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General
Services.
(2) If a public agency, the property is needed and will be used by the recipient forcarrying out or promoting forthe residents of a given political area one or more
public purposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public
health purposes, including research for such purpose, orfor programs for older individuals. The property is not being acquired forany other use or purpose, or for
sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil
Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of
1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s)
for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify
the state agency and, at the donee s expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the
state agency, provided the property is still usable as determined by the state agency.
(2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any items) of property listed hereon.
(3) In the event the property is not so used or handled as required by(B)(l)and (2),title and right to the possession of such property shall at the option of GSA
revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT
ACQUISITION COST OF$5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS
50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s) for which acquired and for no other purpow(s)
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months
from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of
restriction.
(3) In the event the property is not soused as required by (C)(1) and (2) and federal restrictions (B)(1) and (2) have expired then title and right to the possession
of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency
shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the
donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state,
without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other
disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency, as the
case may be.
(2) In the event any of the property listed hereon is sold,traded,leased, loaned, bailed, cannibalized,encumbered, or otherwise disposed of by the doneefrom
the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the
state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state agency, as the case maybe, the proceeds of the disposal or the fair
market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency.
(3) If at anytime, from the date it receives the property through the period(s) of time the conditions imposed by(B)and(C) remain in effect, any of the property
listed hereon is no longer suitable, usable, or further needed by the donee for the purpow(s) for which acquired, the donee shall promptly notify the state agency,
and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or
agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the slate agency.
(4) The donee shall make reports to the state agency on the use,condition, and location of the property listed hereon, and on other pertinent matters as maybe
required from time to time by the state agency.
(5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms,reservations, and restrictions pertinent thereto in
by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(I) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to Fire or other hazards and where loss of or damage to donated property with
unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds,
of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(50 FEET OR MORE IN LENGTH) HAVING
AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the
authorized donee representative.
RESOLU`I'SON NO. 1.10-91
RESOLUTION OF THE MORRO BAY CITY COUNCIL
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN THE CITY OF MORRO BAY ON TUESDAY, 17 DECEMBER 1991,
FOR THE PURPOSE OF VOTING ON AN INITIATIVE MEASURE
MANDATING PARTICIPATION BY THE CITY OF MORRO BAY
IN THE STATE WATER PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, an initiative petition was submitted on 22 July 1991 to the City of
Morro Bay mandating participation by the City of Morro Bay in the Coastal Branch of
the California Aqueduct Project (State Water Project) and authorizing construction of
related necessary local facilities; and
WHEREAS, on 30 July 1991, the City Council adopted Resolution No. 85-91
requesting the initiative petition be placed on the 05 November 1991 special municipal
ballot through the election conducted by the County Clerk of San Luis Obispo; and
WHEREAS, on 20 August 1991, the County Board of Supervisors rejected the
placement of said initiative petition on the 05 November 1991 local municipal ballot due
to its failure to comply with election deadline dates earlier established by the County
Clerk; and
WHEREAS, on 26 August 1991, the Morro Bay City Council left standing its 30
July 1991 order that should the County of San Luis Obispo reject placing the petition
onto the 05 November 1991 ballot, the initiative petition shall be submitted for voter
consideration at the first Countywide consolidated election to be held in 1992 but no
later than 30 June 1992 (Election Code 4020); and
WHEREAS, petitioners then filed a Writ of Mandate (San Luis Obispo Superior
Court, Case No. 70496), and on 27 September 1991 the court ultimately ordered the City
to conduct a special election for said initiative measure on or before 17 December 1991.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay as follows:
Section 1. Pursuant to the requirements of the laws of the State of California
relating to general law cities within said State, there shall be, and there is hereby called
and ordered held in the City of Morro Bay, on Tuesday, 17 December 1991, a special
municipal election of the qualified electors of said City.
Section 2. Said City Council, pursuant to its right and authority to do so, does
hereby determine there shall be and there is hereby ordered submitted to the qualified
electors of the City at said special municipal election the following question to wit:
E
Resolution No. 110-91
Page Two
MEASURE "G" - MANDATORY STATE WATER
Shall an Ordinance be enacted mandating participation by the
City of Morro Bay in the Coastal Branch of the California
Aqueduct Project (State Water Project) and authorizing con-
struction of related necessary local facilities?
YES L_ l
NO
Section 3. The ballots to be used at said election shall be, both as to form and
matter contained therein, such as may be required by law to be used thereat.
Section 4. The City Clerk of said City is hereby authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and
all supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct said election.
Section 5. The polls for said election shall be open at seven o'clock AM the day of
said election and shall remain open continuously from said time until eight o'clock PM
of the same day when said polls shall be closed, except as provided in Section 14301 of
the Elections Code of the State of California.
Section 6. In all particulars not recited in this Resolution, said election shall be
held and conducted as provided by law for holding special municipal elections in said
City as much as is possible to comply with the Court Order.
Section 7. Notice of the time and place of holding said election is hereby given
and the City Clerk is hereby authorized, instructed, and directed to give such further or
additional notice of said election, in time, form and manner as required by law and the
Court Order.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting
thereof held on the 14th day of October, 1991 on the following vote:
AYES: Baker, Luna, Wuriu, Sheetz
NOES: None
ABSENT: Mullen
SE MARIE SHEETZ, Ma
ATTEST:
)VRDITH DAVIS, City Clerk
RESOLUTION NO. 109-91
ABSOLUTION OF THE CITY COUAL
OF THE CITY OF MORRO BAY
AMENDING THE 1991-92 FISCAL YEAR
MASTER FEE SCHEDULE TO INCLUDE FEES FOR
TENNIS COURT RESERVATIONS
T H E C I T Y C O U N C I L
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Recreation and Parks Commission has studied
the need for establishing a tennis court reservation program; and,
WHEREAS, the City Council finds that the fee needs to reflect
the public's willingness to pay as a priority to effectively assist
the City in managing public use of limited tennis courts; and,
WHEREAS, the City has reviewed the staff time and costs
associated with providing this service and finds these costs do not
exceed $28.90/permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay that the Master Fee Schedule is amended as follows and
will be effective September 15, 1991 and, thereafter until changed.
FEE SCHEDULE
TENNIS COURT RESERVATION
Priority C Residents $5.00
Priority D Non-residents $7.00
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 14th day of October 1991
by the following roll call vote:
AYES: Baker, Luna, Wuriu, Sheetz
NOES: None
ABSENT: Mullen
-1
AOSIr AARIE dUtETZ, MAY
ATTEST:
ARDITH DAVIS, CITY CLERK
f/w/admin/rs109-91
6
RESOLUTION NO. 108-91
RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5
T H E C I T Y C O U N C I L
City of Morro Bay, California
BE IT RESOLVED by the City Council of the City of Morro Bay
as follows:
WHEREAS, by Resolution No. 99-91, a public hearing was
called for October 14, 1991 at the hour of 6:00 p.m. in the
Council Chambers in the Veteran's Hall, 209 Surf Street, Morro
Bay, California, to ascertain whether the public necessity,
health, safety, or welfare requires the removal of poles,
overhead wires, and associated overhead structures, and the
underground installation of wires and facilities for supplying
electric, communication, or similar or associated service within
that certain area of the City described as follows:
All that real property located in the City of Morro Bay,
County of San Luis Obispo, State of California, described as
follows:
Beginning at the northeast corner of Block 2, Morro Heights, as
shown on a map recorded May 11, 1922, in Volume 3, of Maps, Page
4, said point being the True Point of Beginning, thence;
NO'241W, 80 feet, more or less, along the westerly
right-of-way line of Bernardo Avenue extended, to its
intersection with the northerly right-of-way line of
Morro Bay Boulevard, thence; N89'051E, along said
right-of-way line to the southeast corner of Block 1,
Morro Heights, thence; N890 051E, 135 feet; more or
less, thence; N67'301E, to the southwest corner of
Parcel 2, as shown on a map recorded May 12, 1972, in
Book 8 of parcel Maps at Page 49; thence, N670301E,
155.00 feet; thence, NO' 2611811E, 74.66 feet; thence,
N3905510411E, to the northerly right-of-way line of
Quintana Road, thence; S50°061E, along said right-of-
way line to the southeast corner of Lot 5, Tract 1584,
thence; N840 0612111E, to the right-of-way line of Bay
(Butte) Avenue extended, thence; S 120 4913011W along
said right-of-way line to the southerly right-of-way
line of Quintana Road extended, thence; N 89°0713011W
along said right-of-way line to the northwest corner of
Lot 1, Block 1, Morro Bay Vista Tract No. 1, thence; S
70'001W along the southerly right-of-way line of Morro
Bay Boulevard to the northeast corner of Lot 28 of Re -
subdivision of Blocks 2 and 3, Morro Heights,
thence; S890 0510011W, 10.94 feet, thence; S70°001W, to
the westerly right-of-way line of Kern Avenue,
thence; N32° 1213411W, along said right-of-way line to
the northeast corner of Block 3, Morro Heights, thence;
S890051W, returning to the True Point of Beginning.
WHEREAS, notice of such hearing has been given to all
affected property owners as shown on the last equalized
assessment roll, lease holders, and utilities concerned in the
manner and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and
all persons interested have been given an opportunity to be
heard;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that, pursuant to the provisions of Chapter
13.16 of the Morro Bay Municipal Code, the above -described area
is hereby declared an Underground Utility District, and is
designated as Underground Utility District No. 5 of the City of
Morro Bay. Attached hereto, marked "Exhibit All, and hereby
incorporated as part of this resolution is a map delineating the
boundaries of said district; and
BE IT FURTHER RESOLVED that the Council does hereby fix
March 1, 1993 as the date on which affected property owners and
lease holders must be ready to receive underground service, and
does hereby order the removal of all poles, overhead wires, and
associated overhead structures and the underground installation
of wires and facilities for supplying electric, communication, or
similar or associated service within Underground Utility District
No. 5 on or before June 1, 1993.
BE IT FURTHER RESOLVED that the City Clerk is hereby
instructed to notify all affected utilities, lease holders, and
all persons owning real property served and affected by
Underground Utility District No. 5 of the adoption of this
resolution within ten (10) days after the date of such adoption.
Said City Clerk shall further notify said property owners and
lease holders of the necessity that, if they or any person
occupying such property desire to continue to receive electric,
communication or other similar or associated service, they or
such occupant shall, by the date fixed in this resolution,
provide all necessary facility changes on their premises so as to
receive such service from the lines of the supplying utility or
utilities at a new location, subject to applicable rules,
regulations, and tariffs of the respective utility or utilities
on file with the Public Utilities Commission of the State of
California. Such notification shall be made by mailing a copy of
this resolution together with a copy of said Morro Bay Municipal
Code Chapter 13.16, as amended, to affected property owners as
such are shown on the last equalized assessment roll, lease
holders, and to the affected utilities; and
BE IT FURTHER RESOLVED that the City Council hereby finds as
follows:
The Underground Utility District herein created is in the
general public interest for the following reasons:
1. The streets, roads, or rights -of -way in the District
are extensively used by the general public and carry a
heavy volume of pedestrian and vehicular traffic;
2. The said streets, roads, or rights -of -way lead to,
adjoin, or pass through a public recreation area and an
area of unusual scenic interest to the general public.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held on the 14th day of October 1991, by
the following vote:
AYES: Baker, Luna, Wuriu, Sheetz
NOES: None
ABSENT: Mullen
ACrSE MARIE S9FETZ, Ma r
ATTEST: ARD TRH DAy!VIS, C1t�k
RESOLUTION NO. 107-91
EXTENSION OF DEADLINES FOR DEMOLITION OF
THE EXISTING BUILDING ON LEASE SITE 51/51W AND
EXTENSION OF DEADLINES FOR CESSATION OF
RESIDENTIAL USES ON LEASE SITES 50/50W AND 51/51W
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 50/50W and
51/51W; and
WHEREAS, Associated Pacific Constructors, Inc. is the lessee of
said properties; and
WHEREAS, the lease for Lease Site 51/51W requires that the
existing building be demolished by July 1, 1991; and
WHEREAS, the leases for Lease Site 50/50W and 51/51W provide that
residential use be terminated as of April 1, 1991 on said leases; and
WHEREAS, an extension of these deadlines until October 1, 1991
was approved by Resolution 73-91; and
WHEREAS, the lessee is awaiting Coastal Commission approval of
the proposed Lease Site improvements; and
WHEREAS, the City and the lessee are in the process of
formulating the appropriate Lease amendments;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Morro Bay does hereby consent to the extension of the deadline for
cessation of residential use on Lease Site 50/50W and Lease Site
51/51W until December 1, 1991;
BE IT FURTHER RESOLVED that the deadline for demolition or
conversion of the building on Lease Sites 51/51W be extended until
December 1, 1991 to allow lessee sufficient time to proceed with the
necessary permits and to allow tenant and City sufficient time for
lease negotiations.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 23rd day of September, 1991,
by the following vote:
AYES: Baker, Luna, Mullen, Wui
NOES: None
ABSENT: None
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 106 - 91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY ADOPTING SUPPLEMENTAL ENGINEER, S REPORT
AND CONFIRMING THE SUPPLEMENTAL ASSESSMENT
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLVED, by the City Council (the "Council") of the City of Morro Bay,
California (the "City"), that
WHEREAS, on the 12th day of August, 1991, said Council adopted its Resolution
of Intention No. 87-91 (the "Resolution of Intention"), declaring its intention to levy
supplemental assessments to pay for the costs which remain unpaid of the improvements
authorized by this Council in the Mimosa Street Assessment District (the "Improvements"),
and said additional costs of the Improvements were referred to the Engineer of Work (the
"Engineer"), being a competent person employed by said City for such purpose;
WHEREAS, said Council thereby directed said Engineer to make and file with the
City Clerk a supplemental report in writing in accordance with and pursuant to the
Municipal Improvement Act of 1913 (the "Act");
WHEREAS, said supplemental report was duly made and filed with the City Clerk,
whereupon said City Clerk presented it to the Council for consideration;
WHEREAS, said Council thereupon duly considered said supplemental 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) the itemized and total additional costs of the
1
Improvements; (2) the diagram showing the supplemental assessment district and the
boundaries and dimensions of the respective subdivisions of land within said supplemental
assessment district; and (3) a supplemental assessment according to benefits, all of which
was done in the form and manner required by said Act;
WHEREAS, said Council found that said supplemental report and each and every
part thereof was sufficient in every particular and determined that it should stand as the
Supplemental Engineer's Report for all subsequent proceedings under said Act and said
Resolution of Intention;
WHEREAS, said Council, pursuant to the requirements of said Act, appointed
September 23, 1991, at the hour of 6:00 o' clock p.m., of said day in the regular meeting
place of said Council, City Hall, Council Chambers, Morro Bay, California, as the time and
place for hearing protests in relation to said proposed supplemental assessments, and
directing the City Clerk to give notice of said hearing as required by said Act;
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 City Clerk, whereupon said hearing was duly and regularly
held at the time and place stated in said notice;
WHEREAS, one person(%) interested, objecting to said supplemental
assessments to pay for the costs of the Improvements, or to the extent of the supplemental
assessment district, or to the proposed supplemental assessment or diagram, or to the
estimate of the costs and expenses contained in the Supplemental Engineer's Report
thereof, filed written protests with the City Clerk at or before the time set for hearing, and
all persons interested desiring to be heard were given an opportunity to be heard, and all
2
matters and things pertaining to the levy of said supplemental assessments were fully heard
and considered by said Council, and said Council has acquired jurisdiction to levy said
supplemental assessments and the confirmation of said supplemental diagram and
supplemental assessment to pay the costs and expenses of the Improvements and the
issuance of bonds to represent said supplemental assessments thereof; and
WHEREAS, it is in the best interest of this supplemental assessment district to
retain said jurisdiction to levy said supplemental assessments and issue said bonds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES HEREBY FIND, DETERMINE and ORDER, as follows:
1. That at the public hearing all interested parties were heard regarding the
supplemental assessment district or the extent thereof of the individual Is supplemental
assessment for the costs and expenses of the Improvements as a whole, or as to the estimate
of said supplemental costs and expenses found in the Supplemental Engineer ' s Report, or
against the supplemental diagram or supplemental assessment to pay for the costs and
expenses of the Improvements. The City Council hereby finds that it is in the best interests
of the City that all protests be, and they are hereby, overruled.
2. That the supplemental assessment district benefited by the Improvements and
should therefor be supplementally 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 supplemental assessment district in use in the performance of a public function as such
shall be omitted from said supplemental assessment district and from the levy and collection
of the supplemental assessments to be hereafter levied and collected to cover the costs and
ki
expenses of the Improvements.
3. That the estimate of the supplemental itemized and total costs and expenses in
connection therewith, contained in said Supplemental Engineer's Report, be, and it is
hereby, finally adopted and approved as the Engineer's total and detailed estimate of the
supplemental costs and expenses of the Improvements.
4. That the diagram showing the supplemental assessment district referred to and
described in said Resolution of Intention, and the boundaries and dimensions of the
respective subdivisions having been given a separate number upon said supplemental
diagram, as contained in said Supplemental Engineer's Report, be, and it is hereby, finally
approved and confirmed as the supplemental diagram of the properties to be
supplementally assessed to pay the costs and expenses of the Improvements.
5. That the supplemental assessment of the total amount of the supplemental costs
and expenses of the Improvements upon the several subdivisions of land in said
supplemental assessment district in proportion to the estimated benefits to be received by
said subdivisions, respectively, from the Improvements, and of the expenses incidental
thereto, contained in said Supplemental Engineer's Report, be, and the same is hereby,
finally approved and confirmed as the supplemental assessment to pay the costs and
expenses of the Improvements.
6. That said Supplemental Engineer's Report be, and the same is hereby, finally
adopted and approved as a whole.
7. That the City Clerk shall forthwith deliver to the Superintendent of Streets the
supplemental assessment, together with said supplemental diagram thereto attached and
made a part thereof, as confirmed by this Council with his certificate of such confirmation
4
thereto attached and of the date thereof, and that said Superintendent of Streets shall
record said supplemental diagram and supplemental 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 supplemental assessment roll
herein.
8. That said Superintendent of Streets, upon recording of said supplemental diagram
and supplemental assessment, shall mail, or cause to be mailed, to each owner of real
property within the supplemental assessment district at his or her last known address as the
same appear 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 supplementally assessed sufficient to enable the owner
to identify the same, the amount of the supplemental 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 supplemental assessments pursuant to the
Improvement Bond Act of 1915.
9. That said Superintendent of Streets shall also give notice by publishing a copy
of a Notice to Pay Supplemental Assessments by two successive insertions in a newspaper
published and circulated in said City, that said supplemental assessment has been recorded
in his or her office, and that all sums supplementally 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 supplemental assessment, which date shall be stated in said notice, and
of the fact that bonds will be issued upon unpaid supplemental assessments as above
provided.
5
10. The requirement of mailing and publication set for in Section 8 and 9 above,
may be dispensed with if the City Clerk receives a Waiver and Consent from all
supplementally assessed owners as shown in the Supplemental Engineer's Report.
11. That the Treasurer of said City, be, and (s)he is hereby appointed as the
person to whom payment of supplemental assessments shall be made under the Resolution
of Intention and that his/her office at 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 supplemental
assessments.
I hereby certify that the foregoing resolution was duly and regularly adopted and
passed by the City Council of the City of Morro Bay, California, at a regular meeting
thereof held on the 23rd day of September, 1991, by the following vote of the members
thereof:
AYES: Baker, Mullen, Wuriu, Sheetz
NOES: Luna
ABSENT: None
ABSTAIN: None
ATTEST:: s /
City Clerk ARDITH DAVIS
6
•
CITY OF MORRO BAY
SAN LUIS OBISPO COUNTY
California
SUPPLEMENTAL
ENGINEER'S REPORT
FOR
MIMOSA STREET ASSESSMENT DISTRICT
June 1991
Council Members:
Rose Marie Sheetz, Mayor
John Baker Ben Luna
Susan Mullen Tom Wuriu
Gary A. Napper City Administrator
Ardith Davis City Clerk
Judy Skousen City Attorney
Special Assessment Counsel:
HAIGHT & HAIGHT
ROBERT M. HAIGHT
5522 Scotts Valley Dr.
Suite C
Scotts Valley, CA 95066
Engineer of Work:
WESTLAND ENGINEERING CO.
1037 Mill Street
San Luis Obispo, CA 93401
SUPPLEMENTAL REPORT OF ENGINEER OF WORK
MIMOSA STREET ASSESSMENT DISTRICT
CITY OF MORRO BAY
STATE OF CALIFORNIA
City Council
City of Morro Bay
State of California
PURSUANT TO RESOLUTION OF INTENTION TO LEVY SUPPLEMENTAL
ASSESSMENT adopted on August 12 , 1991 by the City
Council of the City of Morro Bay, referring proposed improvement
to the Engineer of Work, and directing him to make and file a
report with the City Clerk of said City. Said Engineer of Work
presents the following data attached hereto as a supplemental
report to be filed with said City Clerk.
(a) Plans entitled Mimosa Street Assessment District of
the proposed improvements to be made pursuant to said Resolution
of Intention on file with the City Clerk.
(b) Engineer's statement of the original and additional
itemized and total estimated costs and expenses of said
improvements and of the incidental expenses in connection
therewith.
(c) Diagram showing the lots or parcels or portions
thereof of land to be affected or benefited by and to be
supplementally assessed to pay the expenses of the improvement
and also, the boundaries and dimensions of the respective parcels
of land within said district as the same existed at the time of
the passage of said Resolution of Intention, each of which
subdivision having been given a separate number upon said
diagram.
(d) Proposed supplemental assessment for the total
amount of the additional costs and expenses of the proposed
improvement upon the several parcels of land in said district in
proportion to the estimated benefits to be received by such
parcels respectively, and of the expenses incidental thereto.
Engineer of Work
Terence Orton
of Westland Engineering Company.
. MIMOSA STREET ASSESSMENT DISTRICT
ENGINEER 6 ESTIMATE OF COST
uT" I INS 1'0NSTRjC1I0H BIDS
1. ESTIMATED CONSTRUCIHIN CBSTS
ORIGINAL UNIT OLD ADDED 11NII NEW ADDED
UNIT QUANTITY PRICE ANOUNT OUANiTY TOTAL COST
Saw Cut
L.F.
620
$.60
$372.00
Remove AC & Concrete
Lump
Sum
1
$B6U.00
$860,00
Tree Removal
Lump
Sum
_,
$950.00
$2,850.00
Remove Rockwell
Lump
Slim
i
$325.ii0
$325.00
Remove Fence5
Lump
Sum
1
$170.00
Grading
Cu.
Yd.
750
$10.50
$7,B75.00
6" Curb & 18' Butter
L.F.
1125
$13.60
$15,NO.00
Class I1 Base
Ton
1475
$14.20
$20,945.00
A.C. Pavement
Ton
315
$41.00
$12,915,00
FCC Drsveway Approach
S.F.
1365
$4.40
$6,006.00
Drainage Inlet
Ea.
2
$1,106,00
$2,216.00
Concrete ''Walkway
S.F.
90
$5.VO
$450.00
Itd :uSt Ex15t N.M. to Grade
Ed.
$98. GO
$294.00
HydrosEed
Lump
Sum
I
$1,iD9.00
$1.108.00
Street Monuments
Ea.
1$203.'DO
$609.00
Fire Hydrant
Ea.
1
$2,061.00
$2,Obi.V0
i° dater Service
Ea.
7
$356.00
$2,506.00
Sewer Lateral
Ea.
4
$315.00
$1,260.00
12" RCP Storm Drain
L.F.
84
$23.50
$t,974.00
12° PVC Storm Drain
L.F.
440
$15.00
$6,630.00
Concrete Swale
L.F.
$21.BC
Storm Drain Junct. Box
Ea.
2
$1,108.00
$2,216.00
Adjust N.H. to Grade
Ea.
1
$1B5.DO
$195.00
Adjust C.O. to Grade
Ea.
.
$203.00
$203.00
Adjust N.O. to Grade
Ea.
3
$203.00
$60.00
Replace 44 Wood Fence
Lump
Sum
1
$946.00
$94b.00
New Rail Fence
Lump
Sum
i
3i,i31.00
$1,131.Crt'
Rio Rap
Lump
Sum
1
$367.00
$367.00
Utility Conduit Crossirq
Ea.
2
$500.00
$1.GOO. 00
Gas Main
L.F.
650
$6.50
$4,225.00
Gas Laterals
Ea.
9
$215.00
$11935.00
Relocate Guy Anchor
Ea.
1
$750.00
$750.00
Relocate C Pole
Ea.
1
$2,500.00
$2,500.00
Foq Seal
Sq.
Yd.
2900
(INCLUDED
IN !TEN 9)
BID PRICE INCREASE FROM CONTRACTOR
BASED
ON
LETTER OF 2-iB-91
CDNTINGENC'? 10::
5B
-440
3B6
-S
1
3
I
750
1125
1475
315
7
4
142
3B6
1
1
1
1
1
1
650
9
c
2900
$1,10B.00
$i1363.00
1$6,600.00)
$8,414.60
1$1,I0B.o0)
$10,639.00
$11,599.39
NEW
AMOUNT
$372.00
$B6C'.')V
$2, B50. 00
$325.00
'17'C'.00
$7.875.DO
$t5,300.00
$20.945,00
$12.915.00
$61006.CIO
$3,324.00
$450.V0
$294. ,)o
$1.108. 17I}
$609.00
$21063.00
$2,5(16.00
$1,260.CC,
$3,337.OG
$6,414.Bo
$1,10B.00
$185.00
$203.0n
$6V9. 00
$746.00
$I,S3S.00
$367 � V,)
$1,000- 00
$4,-K5,00
$1.935.00
$750.00
$2,50U,00
$.00
$10, 639. Gig
$11, 599.99
SUBTUTAL 1 $102,763.00 $25,416.79 $128,179.79
DRISINAL
ADDED
AMOUNT
COST
NEW AMOUNT
------------------------------------------------------------------------------------------------------------
Enq_ineerir:c_
Plans
g5,000.R,
61.000.00
SE,000.u0
inspection
$1,65u.00
$550.00
f2,40A.00
Archeological
$10,000.n
326,'}00. 0'd
3.ib,000. 00
Bond Reserve (5k)
36,363.3?
$.00
$6,363.37
Bond Discount i314l
$5,030,02
3.00
$5,030.02
Bond Printing tadditional'r
$2,000.00
32,000.00
Acquisition of Mimosa Street
34,500.00
34,100.001
$400.00
Acquisition of Drainage Easement
$1,500.00
$16,600.00
ca,300.00
Legal Advertising
3350.00
$261.13
$617.73
Bond Counsel
$1,250.00
33,750,H
$5.000.00
Trustee's fees
$1,000.H
3.00
3i1000,00
Appraisal of Property
$4,260.00
3.00
$4,260.w
Contingency 10*%
$1,760.97
$12,639.03
314,400,00
Condemnation
320,000.00
330,000.00
3501000/00
SUBTOTAL i1
$64,904.36
$W906.76
$153,611.12
TOTAL ASSESSMENT
$167,60.36
$114,323.55
$261,990.91
LESS ORIGINAL ASSESSMENT
$167,667.36
TOTAL SUPPLEMENTAL ASSESSMENT
$114, 323_ 55
0
SUPPLEMENTAL ASSESSMENT
Assessed
Upon Assessment
Supplemental
Assessor's
Parcel
Assessment
Book
Page
Parcel
Supplemental
Numbers
No.
No.
No.
Assessment
1-1
68
231
19
$10,170.63
2
68
231
11
$13,536.97
3-1
68
231
15
$6,968.15
4
68
231
8
$11,684.49
5-1
68
231
24
$7,536.21
6-la
68
231
25
$589.44
6-lb
68
231
26
$589.44
6-1c
68
231
27
$589.44
6-ld
68
231
28
$589.44
6-le
68
231
29
$589.44
6-lf
68
231
30
$589.44
6-lg
68
231
31
$589.44
6-1h
68
231
32
$589.44
6-li
68
231
33
$589.44
6-lj
68
231
34
$589.44
6-lk
68
231
35
$589.44
6-11
68
231
36
$589.44
6-lm
68
231
37
$589.44
6-1n
68
231
38
$589.44
6-lo
68
231
39
$589.44
6-lp
68
231
40
$589.44
7-1
68
231
21
$6,931.38
8-2
68
341
9
$19,525.36
8-3
68
341
10
$9,548.75
8-4
68
341
14
$10,067.52
9
68
341
2
$8,923.05
Total
$114,323.55
•
MIMOSA STREET ASSESSMENT DISTRICT
SUPPLEMENTAL ASSESSMENT ROLL
AUGUST 1991
Parcel Preliminary
Number APN Owner Estimate
1-1 68-231-19 Heirs of Valerie Wolfe
% Glenda R. Youngs
773 Woodland Drive
Los Osos, CA 93442 $10,170.63
2 68-231-11 Colin W. Jr. Maclean
P.O. Box 63
Menlo Park, CA 94025 $13,536.97
3-1 68-231-15 Chester L Amyx
550 Mimosa Street
Morro Bay, CA 93442 $6,968.15
4 68-231-08 Bradley & Beverly Gilton
1139 Samantha Dr.
Paso Robles, CA 93446 $11,684.49
5-1 68-231-24 Bruce Burnside
4060 Via Opata
Palos Verdes Estates, CA 90274
$7,536.21
6-la 68-231-25 Kenneth Kirkman
2643 Wente Street
Livermore, CA 94550 $589.44
6-lb 68-231-26 Leatrice Phipps
1593 15th St.
Los Osos, CA 93402 $589.44
9
6-1c 68-231-27 Pasha & Anne Rostov
213 S. 16th St.
Grover City, CA 93433 $589.44
6-ld 68-231-28 Jane M. DeVito, et al
3260 Main St. #5A
Morro Bay, CA 93442 $589.44
6-le 68-231-29 Mary P. Gifford, tre
P.O. Box 427
Summerland, CA 93067 $589.44
6-If 68-231-30 Mary P. Gifford, tre
P.O. Box 427
Summerland, CA 93067 $589.44
6-lg 68-231-31 Mary P Gifford, tre etal
P.O. Box 427
Summerland, CA 93067 $589.44
6-1h 68-231-32 Mary L. Molony, et al
451 Piney Way #2
Morro Bay, CA 93442 $589.44
6-li 68-231-33 Basil & Barbara Molony
930 Hayman Place
Los Altos, CA 94024 $589.44
6-1j 68-231-34 James D. & Wanda W. Boulgarides
4115 Van Buren Place
Culver City, CA 90232 $589.44
M
6-lk
6-11
68-231-35
Konrad Szelock
1955 J Ironwood
Morro Bay, CA 93442
68-231-36 Bruce W & Kathy A Lewis
1750 Alta Wood Drive
Altadena, CA 91001
$589.44
$589.44
6-lm
68-231-37
Bruce W & Kathy A Lewis
1750 Alta Wood Drive
Altadena, CA 91001
$589.44
6-ln
68-231-38
William E. & Dorothy A. Welter
889 Casitas Ct.
San Luis Obispo, CA 93401
$589.44
6-10
68-231-39
Edward R. & Corinne Ruskowski
1105 Plaza del Monte
Santa Barbara, CA 93101
$589.44
6-lp
68-231-40
Pauline M. DeWitt
901 South 6th St. SP 61
Hacienda Heights, CA 91745
$589.44
7-1
68-231-21
John B & Mary E Sequeira
P.O. Box 363
Morro Bay, CA 93443
$6,931.38
8-2
68-341-09
V. Aldridge Inc.
1430 W. Mesa Avenue
Fresno, CA 93711
$19,525.36
MW
2
68-341-10 Robert B. & Jan Z. Swenson
1011 Cyrstal Bay Dr.
Ukaih, CA 95482 $9,548.75
68-341-14 Paul D. Price, tre
2045 Ironwood
Morro Bay, CA 93442 $10,067.52
68-341-02 Richard & Norma J Atchley
20810 Hansen Ave
Nuevo, CA 92370 $8,923.05
I, the City Clerk of the City of Morro Bay, do hereby
certify that the foregoing supplemental assessment, together with
supplemental diagram thereto attached, was filed with me on
9-,-a-G r
Date
r
Ci y Clerk
I, the City Clerk of the City of Morro Bay, do hereby
certify that the foregoing supplemental assessment, together with
supplemental diagram thereto attached, was approved and confirmed
by the City Council of said City on
City ClerK^
I, the Superintendent of Streets of the City of Morro Bay,
do hereby certify that the foregoing supplemental assessment,
together with supplemental diagram thereto attached, was recorded
in my office on
Date
Super' endent of Streets
•
C
June 1991
A S S E S S M E N T
MIMOSA STREET ASSESSMENT DISTRICT
WHEREAS, on January 26, 1987 the City Council of Morro Bay, San
Luis Obispo County, California, pursuant to the provisions of the
Municipal Improvement Act of 1913, as amended, adopted its
Resolution of Intention No. 8-87 for the acquisition of
rights -of -way and construction of the public improvements, and
directing the Engineer of Work to make and file a report
presenting plans and specifications, assessment diagram, estimate
of costs and assessments of and upon the subdivisions of land
within the assessment districts for the proposed acquisition of
rights -of -ways and construction of improvements.
WHEREAS on , 1991, the City Council adopted its
resolution of intent to levy Supplemental Assessment No. ,
directed the Engineer of Work to prepare a supplemental
Engineer's Report presenting:
(a) Engineer's statement of the original and additional
itemized and total estimated costs and expenses of said
improvements and of the incidental expenses in connection
therewith.
(b) Diagram showing the lots or parcels or portions
thereof of land to be affected or benefited by and to be
supplementally assessed to pay the expenses of the improvement
and also, the boundaries and dimensions of the respective parcels
of land within said district as the same existed at the time of
the passage of said Resolution of Intention, each of which
subdivision having been given a separate number upon said
diagram.
(c) Proposed supplemental assessment for the total
amount of the additional costs and expenses of the proposed
improvement upon the several parcels of land in said district in
proportion to the estimated benefits to be received by such
parcels respectively, and of the expenses incidental thereto.
NOW, THEREFORE, I, Terence K. Orton, of Westland Engineering
Company, Civil Engineers, Engineer of Work for said District, by
virtue of the power vested in me under said Act and the order of
the City Council of said City, hereby make the following
supplemental assessment to cover the portion of the estimated
costs of said acquisitions, work and improvements, and the costs
and expenses incidental thereto to be paid by the Assessment
District, as follows:
r 0
Additional Cost of Construction $ 128,179.80
Additional Incidental Expenses $ 153,811.12
Total
Assessments
$
281,990.92
Less
Original Payment
$
167,667.37
TOTAL
SUPPLEMENTAL ASSESSMENT
$
114,323.55
And I do hereby supplementally assess and apportion said total
amount of the additional cost and expenses of said acquisitions
of rights -of -ways, work and improvements upon the several lots,
pieces or parcels, or portions of lots or subdivisions of land
liable therefor and benefited thereby, and hereinafter numbered
to correspond with the numbers upon the attached diagram, upon
each, severally and respectively, in accordance with the
benefits, and more particularly set forth in the list attached
hereto and by reference make a part hereof.
As required by said Act, a supplemental assessment diagram is
attached hereto showing the boundaries and dimensions of the
respective parcels of land within the Assessment District as the
same existed at the time of the passage of said Resolution of
Intention to Levy Supplemental Assessment, each of which
subdivisions having been given a separate number upon said
diagram.
Said supplemental assessment is made upon the several parcels of
land within said Assessment District in proportion to the
estimated benefits to be received by said parcels respectively
from said improvement. The supplemental diagram and supplemental
assessment numbers appearing herein are the supplemental diagram
numbers appearing on said supplemental diagram, to which
reference is hereby made for more particular description of said
property.
Each parcel of land is described in the assessment list by
reference to its parcel number as shown on the Assessor's maps of
the County of San Luis Obispo for the fiscal year 1990-1991 to
the right of the parcel numbers. Said description is a
combination of numbers such as 23-111-39, which means Book 23,
Page 11, Block 1, Parcel 39 of the Assessor's map books and used
for the County Tax Roll.
Notice is hereby given that serial bonds to represent unpaid
supplemental assessments, and bear interest at the rate of not to
exceed twelve percent (12%) per annum, will be issued hereunder
in the manner provided by Division 10 of the Streets and Highways
Code, and Improvement Bond
of such bonds shall mature
the second day of September
from their date.
Dated: 6-7-91
Act of 1915, and the last installment
not to exceed fourteen (14) years from
next succeeding twelve (12) months
IC
Terence K. Orton
of Westland Engineering Company
Civil Engineers
Engineer of Work
MIMOSA STREET ASSESSMENT DISTRICT
RULES FOR DISTRIBUTION OF SUPPLEMENTAL COSTS
I. PROJECT AREA AND DESCRIPTION
The project area is currently used as an unpaved street over a 50
foot access easement on Lot 13 of Dirk's Subdivision of a portion
of Lots 6, 17, and 18 of Rancho Morro of Cayucos as recorded on
Book 5 at Page 78 of Records of Surveys and a portion of Lot 24
of Tract 52 as recorded in Book 5 at Page 71 of Maps.
The improvements will run from Hill Street on the southwest to
Ironwood Avenue on the northeast and will be improved with
asphaltic concrete paving, 6 inch concrete curb and gutter on
both sides, and standard 6 foot deep driveway approaches for all
existing driveways. A gas main will be installed within the
road and a storm drain will carry water away from the project
area to existing culverts.
II. COST SPREAD
The supplemental cost is proportioned by lot area and street
frontage. The breakdown will be 50% for street frontage and 50%
for lot area. Also included in the assessment district is a
portion of Lot 14 of Dirk's Subdivision as recorded in Book 5 of
Page 78 of Records of Surveys, due to an agreement between Mr.
Richard Atchley and Mr. Virgil Aldridge allowing Mr. Atchley to
have an access on Mimosa Street.
[Note: To be completed and mailed to the property owners
after filing of the supplemental assessment diagram pursuant
to Resolution No. 106-91, with all blanks being completed
prior to said filing and mailing]
NOTICE OF RECORDATION OF AND REQUEST TO PAY
SUPPLEMENTAL ASSESSMENT
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
NOTICE IS HEREBY GIVEN that the Superintendent of Streets of the City of
Morro Bay, California, pursuant to Section 10401 of the California Streets and Highways
Code, did on the day of , 1991, record the supplemental
assessment diagram and the supplemental assessment in a book kept for that purpose in the
office of said Superintendent of Streets;
NOTICE IS HEREBY FURTHER GIVEN that the Superintendent of Streets of the
City of Morro Bay, California, did, on the day of , 1991,
record a notice of supplemental assessment, as required by Section 3114 of the California
Streets and Highways Code, whereupon said supplemental assessments thereby attached as
a lien on the property supplementally assessed as provided in Section 3115 of the California
Streets and Highways Code;
NOTICE IS HEREBY FURTHER GIVEN that the property described below has
been supplementally assessed in the amount shown below, which supplemental assessment
has been recorded and has become a lien on the property as described above:
PAGE - 11 -
0 •
Description of Property Amount of Supplemental Assessment
[To be completed for each property owner]
As a result of the recording of the supplemental assessments with the Superintendent
of Streets on , 1991, the amount of the supplemental assessment
set forth above became due and payable and the owner of the property described above has
thirty (30) days from said date in which to pay said amount. The Treasurer of the City of
Morro Bay has been designated as the collection officer for all supplemental assessments
and any payments should be made to said Treasurer of the City of Morro Bay at the
following address:
City Treasurer
City of Morro Bay
City Hall
595 Harbor Street
Morro Bay, California, 93442
The amount of the supplemental assessment set forth above may be paid in whole
or in part. Any amounts which remain unpaid as of
1991,
which is thirty days after recordation of the supplemental assessments with the
Superintendent of Streets, will be aggregated with all unpaid supplemental assessments on
the other property within the Mimosa Street Supplemental Assessment District and Limited
Obligation Supplemental Assessment Bonds representing said aggregate amount of unpaid
supplemental assessments will be issued pursuant to the Improvement Bond Act of 1915,
being Division 10 of the California Streets and Highways Code. and be payable over a
period of not to exceed fifteen (15) years (the term of the Bonds), with interest at a rate
not to exceed the maximum permitted by law.
PAGE - 12 -
NOTICE.: If the amount of the supplemental assessment set forth above (or any
portion thereof) is paid within the time period set forth above, then the lien of the
supplemental assessments will be cleared to the extent of the amount so paid and said
amount will not become the principal component which will be payable over said period
of not to exceed fifteen (15) years, with interest. After bonds have been issued, however,
the lien of the unpaid supplemental assessments may be cleared by payment of all of the
following: (a) any installment of principal and interest which has been posted to the tax
roll for the current fiscal year; (b) the unpaid balance of principal; (c) a prepayment
premium of up to five percent of the principal amount; (d) the amount of any delinquencies
including penalties, interest and costs; (e) the estimated cost of calling the supplemental
assessment bonds in for redemption, and (f) interest to the date that the supplemental
assessment bonds will be called in for redemption to the extent not included in (a) above.
Superintendent of Streets
City of Morro Bay
IU.T"�Rm
*sdand Engineering ComAy
Consulting Civil Engineering & Surveying
1037 Mill Street San Luis Obispo, CA 93401
(805) 541-2394
August 1991
SUPPLEMENTAL ASSESSMENT
MIMOSA STREET ASSESSMENT DISTRICT
ENGINEER'S REPORT
This project is back in front of the Council in order to
consider an increase to the assessment against the
properties along Mimosa Street. These increased assessments
are required to be able to cover increased costs associated
with the project. Since the last time this item was in front
of the Council, Mr. Herman Fitzgerald, the attorney working
with the condemnation, has gone to court and received
permission from the court to have the archaeological work
performed and the construction for the project completed.
The archaeological work was performed and the preliminary
report has been prepared in order to determine mitigation
measures needed to build the road and storm drain. A cash
bond for the appraised value of the property has been has
been placed with the court.
The changes in the cost to complete the project fall into
three categories. The first are costs that are possible or
required as mitigation costs to the environmental concerns
raised by the archaeologist. The second are costs that are
associated with changes in costs due to fluctuating costs of
labor, oil and other products for the construction of the
project itself. Finally, the third are associated with over
runs in costs for the legal and archaeological work initiated
for the project.
When the project was approved, one of the conditions was that
appropriate archaeological work be performed. This was a
condition since the area has a known archaeological site on
it. C. A. Singer and Associates, Inc. were contracted to
perform the work to determine appropriate mitigation measures
and they went over both the storm drain and the road work.
They did not review the gas main extension. The cost to
perform the exploration and review exceeded their estimate
(which was made at the time the assessment district was
formed) by $10,000. As a archaeological mitigation measure
for the storm drain, the plans were changed to delete the
underground culvert and use an above ground ditch. It was
determined that this would have less impact on the
archaeological deposits. The mitigation for the storm drain
inlets and pipe crossing the road was the work already
completed during the exploration. The road design itself was
a mitigation, since the road was designed higher than
existing ground through the archaeological deposits area. As
mentioned before, the work is not completed for the gas main.
If the main is not constructed in some site sensitive manner
the archaeologist has indicated that additional work will
have to be performed together with on site monitoring.
The bid with Burke Construction Company had to be updated and
their bid prices were changed by $10,639 or 12%. This seemed
a reasonable amount of money since it covered changes in
union wages, equipment, subcontractors, trucking and changes
in oil prices and materials.
The cost over run for the archaeologist was mentioned above
and the final over run was for the condemnation of the
street. The owner of the underlying fee title for the road
has been opposing the condemnation and there have also been
delays due to his health problems.
Westland Engineering has received authorization from Mr.
Nichols of the City Public Works Department to proceed with
the installation of the gas line work, although there are not
adequate funds to complete the entire project. Based on that
authorization, Westland Engineering has contacted Southern
California Gas Company and told them to proceed with
their installation plans. When their plans are complete the
archaeologist will be able to determine if additional
archaeological exploration will be necessary before
construction commences. The contractor will then be
authorized to proceed with the construction. On site
monitoring will be required when working in the archaeology
deposit area. If human remains or other unusual finds are
made, the archaeologist will have to evaluate the
circumstances to determine if changes are required.
Working with Mr. Nichols of the City Public Works Department
Westland Engineering has prepared a tentative schedule by
date of the time expected to complete the project. The
actual time for construction can only be approximated and may
be delayed due to any archaeological finds or rain. That
schedule is attached.
erenrton, PE 21807
Engineer of Work
•
RESOLUTION NO. 105-91
AUTHORIZING THE RECORDING OF A DEED RESTRICTION
FOR THE SOUTH T-PIER RECONSTRUCTION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, prior to the California Coastal Commission's issuance
of a coastal development permit for the South T-Pier Reconstruction,
the City of Morro Bay must execute and record a Deed Restriction; and
WHEREAS, the Deed Restriction provides for the City of Morro Bay
to unconditionally waive any claim of liability on the part of the
Commission and its advisors relative to the Commission's approval of
the project for any damage due to natural hazards; and
WHEREAS, the Deed Restriction shall run with the land, binding
all successors and assigns, and shall be recorded free of prior
liens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the City Administrator is hereby authorized to
execute on behalf of the City the said Deed Restriction to obtain the
coastal development permit for the South T-Pier Reconstruction.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on the 23rd day of September, 1991, by the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None /
ROSE MA IE SHEETZ, Mayor
ATTEST:
ARMTR DAVIS, City Clerk
LB/LC/SWMB5:105-91
r 1
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6
7
8
9
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COURT PAPER
STATL CA LIFO 7 -
STD. 113 13 I:REV.B21
RECORDING REQUESTED BY AN RETURN TO:
California Coastal Commission
45 Fremont St., Suite 2000
San Francisco, CA 94105-2219
DEED RESTRICTION
I. WHEREAS, the City of Morro Bay
hereinafter referred to as the "Owner(s)," is/are
the record owner(s) of the following real property:
SEE EXHIBIT B
hereinafter referred to as the "Property;" and
II. WHEREAS, the California Coastal Commission, hereinafter referred
to as the "Commission," is acting on behalf of the People of the State of
California; and
III. WHEREAS, the subject property is located within the coastal
zone as defined in §30103 of Division 20 of the California Public Resources
Code, hereinafter referred to as the "California Coastal Act of 1976,11
(tile Act); and
IV. WHEREAS, pursuant to the Act, the Owner applied to the Commission
for a coastal development permit on the Property described above; and
J. WHEREAS, coastal development permit number 4-90-38 , hereinafter
referred to as the "Permit," was granted on November 15 1990 , by
the Commission in accordance with the provision of the Staff Recommendation
and Findings, attached hereto as EXHIBIT A and herein incorporated by
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Co4RTPAPEft
STAT[ os GUEonnin
$TO. II3 IXEV.
Off
reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions
including, but not limited to, the following condition(s):
SEE EXHIBIT C
VII. WHEREAS, the Commission found that but for the imposition of the
above condition(s) the proposed development could not be found consistent
with the provisions of the California Coastal Act of 1976 and that a permit
could therefore not have been granted; and
VIII. WHEREAS, Owner has elected to comply with the condition(s)
imposed by the Permit and execute this Deed Restriction so as to enable
Owner to undertake the development authorized by the Permit.
-2
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5
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10,
11
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13.
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15
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20,
21
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23
24
25
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COURT PAPER
STD. 113 iPEY. 9-72i
Oat
NOW, THEREFORE, in consideration of the granting of the Permit to the
Owner by the Commission, the Owner hereby irrevocably covenants with the
Commission that there be and hereby is created the following restrictions
on the use and enjoyment of said Property, to be attached to and become a
part of the deed to the property.
1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner,
for himself/herself and for his/her heirs, assigns, and successors in
interest, covenants and agrees that:
Coastal Development Permit No. 4-90-38 is for the approved development only
consisting of removing existing fire damaged timber pier, constructing new
pier in same location and configuration with coated steel bearing piles and
caps, timber stringers and deck, and greenheart timber fender piles, and
restoring revetment. Future improvements or additions shall require an
additional CDP from the Commission or its successor agency.
2. DURATION. Said ➢eed Restriction shall remain in full force
and effect during the period that said permit, or any modification or
amendment thereof remains effective, and during the period that the
development authorized by the Permit or any modification of said development,
remains in existence in or upon any part of, and thereby confers benefit
upon, the Property described herein, and shall bind Owner and all his/her
assigns or successors in interest.
3. TAXES AND ASSESSMENTS. It is intended that this Deed
Restriction is irrevocable and shall constitute an enforceable restriction
within the meaning of a) Article XIII, §8,, of the California Constitution;
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COURT PAPER
s IAT[ Oi Uura rtnu
and b) §402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute
a servitude upon and burden to the Property within the meaning of §3712(d)
of the California Revenue and Taxation Code, or successor statute, which
survives a sale of tax -deeded property.
4. RIGHT OF ENTRY. The Commission or its agent may
enter onto the Property at times reasonably acceptable to the Owner to
ascertain whether the use restrictions set forth above are being observed.
5. REMEDIES. Any act, conveyance, contract, or authorization
by the Owner whether written or oral which uses or would cause to be used
or would permit use of the Property contrary to the terms of this Deed
Restriction will be deemed a violation and a breach hereof. The Commission
and the Owner may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction. In the event
of a breach, any forbearance on the part of either party to enforce the -
terms and provisions hereof shall not be deemed a waiver of enforcement
rights regarding any subsequent breach.
6. SEVERABILITY. If any provision of these restrictions is
held to be invalid, or for any reason becomes unenforceable, no other
provision shall be thereby affected or impaired.
Dated: 24 1
'►P i dl
SIGNED: SIGNED:
Gary Napper, City A-dministrator
PRINT OR TYPE NAME OF :O
* * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE * *
PRINT OR TYPE NAME OF ABOVE
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I COURT P-PER
STATC OT GLIIORRIA
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* * NOTE TO NOTARY PUBLIC * * -
If any party signing the deed restriction is signing on behalf of a corporation
public agency, partnership, etc. please use the proper notary acknowledgement
form as explained in your Notary Public Law Book. -
STATE OF )
)es
COUNTY OF )
On this day of in the year 19 , before
me a Notary Public, personally appeared
personally known to me, or proved to me
on the basis of satisfactory evidence, to be the person whose name is
subscribed to this instrument, and acknowledged to me that he/she executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
STATE OF )
)ss
COUNTY OF )
On this day of , in the year 19_, before
me a Notary Public, personally appeared
personally known to me, or proved to me on
the basis of satisfactory evidence, to be the person whose name is subscribed
to this instrument, and acknowledged to me that he/she executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
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This is to certify that the deed restriction set forth above is hereby
acknowledged by the undersigned officer on behalf of the California Coastal
Commission pursuant to authority conferred by the California Coastal
Commission when it granted Coastal Development Permit No.
on and the California Coastal Commission consents to
recordation thereof by its duly authorized officer.
Dated:
California Coastal Commission
STATE OF California )
)ss
COUNTY OF San Francisco )
On this day of , in the year , before
me a Notary Public, personally appeared -
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed this
instrument as Staff Counsel of the California Coastal Commission and
acknowledged to me that the California Coastal Commission executed it.
NOTARY PUBLIC FOR SAID STATE AND COUNTY
RESOLUTION NO. 104 - 91
REVISING THE LEVEL 5 EMERGENCY WATER RATIONING PROGRAM
FOR MOBILEHOME PARKS
T H E C I T Y C O U N C I L
City of Morro Bay
WHEREAS, on February 11, 1991 and March 25, 1991 the City Council
adopted Resolution Nos. 13-91 and 28-91 respectively, declaring the
City of Morro Bay to be in an emergency water supply condition: and
WHEREAS, by said Resolution No. 13-91 the City Council instituted
and imposed water rationing measures on all customers of the City of
Morro Bay water system; and
WHEREAS, the City Council has determined it is necessary and proper
to modify said water rationing measures in order to clarify the
treatment of permanent residents in mobilehome parks.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City Council hereby modifies, imposes, and
institutes water rationing measures on all customers of the City of
Morro Bay water system as described in the "Revised Water Rationing
Program" attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED on this 9th day of September, 1991 by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu
NOES: None
ABSTAIN: None
ABSENT: Sheetz
BEN LUIW, Vice $Wr
ATTEST:
ARDITH DAVIS, City Cierk
Exhibit A
EMERGENCY WATER SUPPLY CONDITION
REVISED WATER RATIONING PROGRAM
(Level 5)
(Rev 9/9/91)
1. Allowable Water Use. Water use by customers of the municipal
water system shall be limited as follows.
A. Single family residential: The maximum allowable water
use shall be eight (8) billing units per month for homes with up to
three permanent residents. Two additional units shall be added for
each additional permanent resident.
(Note: One billing unit = one hundred cubic feet = 750 gallons
Eight billing units per month - 200 gallons per day = 0.88 water
equivalencies per year.)
B. Multi -family residential (apartments, condos, and mobilehome
parks where 90% or more spaces are occupied as actual primary
domiciles): The maximum allowable water use per dwelling
unit shall be six (6) billing units per month for up to three
permanent residents, with two additional units for each additional
permanent resident.
C. Mobilehome parks: The maximum allowable water use per
dwelling unit shall be 4.25 billing units per month for up to three
permanent residents, with two additional units for each additional
permanent resident.
D. Residences claiming more than three persons per household
shall be required to provide a written statement to the City Finance
Director listing the actual number of permanent residents.
E. Commercial and non-residential uses: The maximum
allowable water use shall be an amount equal to 85% of the
customer's prior water use at that location for the same billing period
last year (or the average of the prior two years if available).
Revised Level 5 Emergency Water Rationing Program
Page Two
2. Surcharge for exceeding the allowable water use. Customers
exceeding their monthly allocations shall be assessed a 50% "surcharge" for
the first billing period in which the maximum allowable amount is
exceeded; a 100% surcharge for the second consecutive billing period in
which the maximum allowable amount is exceeded; and a 200% surcharge
for the third consecutive billing period in which the maximum allowable
amount is exceeded.
3. Any surcharges incurred by customers under the emergency water
rationing program prior to 22 April, 1991 shall be waived.
4. The appropriateness and reasonableness of all surcharges and the
amount allowable to each customer may be appealed in writing to the
City's Finance Director or her designee. If the matter is not resolved at
that level the matter may then be appealed in writing to a sub -committee
of the Council. If the matter is still not resolved it may then be appealed
in writing to the full City Council. The Finance Director or her designee is
authorized to adjust the surcharge and/or the maximum allowable amount
for each appealing customer after considering the individual circumstances
and conditions of the customer to insure any such surcharge or maximum
allowable amount is reasonable and appropriate for that customer.
5. The City shall place an immediate temporary moratorium on issuing
building permits to begin construction of new projects which would
accommodate new water use. (This includes restaurant or commercial -
type expansions which would increase water use.)
0
RESOLUTION NO. 103-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING THE LEVEL 5 WATER RATIONING PROGRAM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City wishes to continue to provide an adequate and
reliable water supply; and
WHEREAS, the City Council by Resolution 13-91 declared a water
supply emergency and instituted Level 5 water rationing;. and
WHEREAS, water quality deterioration has further restricted the
available water supply, and necessitates further reductions in water
allotments;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the following REVISED WATER RATIONING PROGRAM,
Exhibit A, is adopted, effective September 1, 1991.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
special meeting held thereof, this 29th day of August, 1991 by the
following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
OSE MARIE SHEETZ, Mayor
ATTEST: h
ELANE NOVAK, Deputy City Clerk
Exhibit A
EMERGENCY WATER SUPPLY CONDITION
REVISED WATER RATIONING PROGRAM
(Level 5)
(Rev 8/29/91)
1. Allowable Water Use. Water use by customers of the municipal
water system shall be limited as follows.
A. Single family residential: The maximum allowable water
use shall be eight 8 billing units per month for homes with up to
three permanent residents. Two additional units shall be added for
each additional permanent resident.
(Note: One billing unit = one hundred cubic feet = 750 gallons.
Eight billing units per month - 200 gallons per day = 0.88 water
equivalencies per year.)
B. Multi -family residential (apartments and condos): The
maximum allowable water use per dwelling unit shall be six
billing units per month for up to three permanent residents, with
two additional units for each additional permanent resident.
C Mobilehome parks: The maximum allowable water use per
dwelling unit shall be 4.25 billing units per month for up to three
permanent residents, with two additional units for each additional
permanent resident.
D. Residences claiming, more than three persons per household
shall be required to provide a written statement to the City Finance
Director listing the actual number of permanent residents.
E. Commercial and non-residential uses: The maximum
allowable water use shall be an amount equal to 85% of the
customer's prior water use at that location for the same billing period
last year (or the average of the prior two years if available).
0
Revised Level 5 Emergency Water Rationing Program
Page Two
2. Surcharge for exceeding the allowable water use. Customers
exceeding their monthly allocations shall be assessed a 50% "surcharge" for
the first billing period in which the maximum allowable amount is
exceeded; a 100% surcharge for the second consecutive billing period in
which the maximum allowable amount is exceeded; and a 200% surcharge
for the third consecutive billing period in which the maximum allowable
amount is exceeded.
3. Any surcharges incurred by customers under the emergency water
rationing program prior to 22 April, 1991 shall be waived.
4. The appropriateness and reasonableness of all surcharges and the
amount allowable to each customer may be appealed in writing to the
City's Finance Director or her designee. If the matter is not resolved at
that level the matter may then be appealed in writing to a sub -committee
of the Council. If the matter is still not resolved it may then be appealed
in writing to the full City Council. The Finance Director or her designee is
authorized to adjust the surcharge and/or the maximum allowable amount
for each appealing customer after considering the individual circumstances
and conditions of the customer to insure any such surcharge or maximum
allowable amount is reasonable and appropriate for that customer.
5. The City shall place an immediate temporary moratorium on issuing
building permits to begin construction of new projects which would
accommodate new water use. (This includes restaurant or commercial -
type expansions which would increase water use.)
RESOLUTION NO. 102-91
RESOLUTION ADOPTING EMERGENCY CONTINGENCY PLAN AND REAFFIRMING
CITY COUNCIL DECLARATION OF EMERGENCY MADE IN RESOLUTIONS 13-91
AND 28-91 DUE TO FURTHER DEGRADATION OF THE WATER SUPPLY FOR THE
CITY OF MORRO BAY
TH E C= T Y COUN C= L
City of Morro Bay, California
WHEREAS, on February 11, 1991 the City Council of the City
of Morro Bay did adopt Resolution No. 13-91 (clarified by
Resolution 28-91) declaring an emergency water supply condition
because of the City's low water supply in that the pumping
capacity of the City's wells had diminished to such an extent
that the Public works Director/City Engineer predicted the
quality and quantity of water would be insufficient to supply the
residents of Morro Bay with potable water; and
WHEREAS, because of such low water conditions, on February
11, 1991 the City Council did impose Level 5 emergency water
rationing (the strictest water rationing level) on the citizens
of Morro Bay; and
WHEREAS, because of the similar low water conditions during
the recent drought, the City installed and operated rented
desalination equipment from July 1, 1990 through April 5, 1991;
and
WHEREAS, despite receiving approximately 11 inches of rain
in March 1991, this amount was insufficient to cure or alleviate
the conditions caused by five years of drought; and
WHEREAS, only three of the City's eight wells in the Chorro
Basin system are now producing potable water for use for the
City's water supply, the remaining five having been taken out of
service because of high concentrations of nitrates and selenium
and/or lack of water production; and
WHEREAS, the Total Dissolved Solids (TDS) of the combined or
blended water from the Morro Basin system is currently metered at
1300 ppm which exceeds the Department of Health Services upper
limit of 1000 ppm and approaches the "short term" limit of 1500
ppm when treatment is required; and
WHEREAS, the Public Works Director/City Engineer who has
considerable experience and expertise managing the City of Morro
Bay's water supply and condition for the last eight years,
advised the City Council in November 1990 that this crisis could
occur if the drought continued and further advised the city that
the March 1991 rains were insufficient to avoid this crisis and
it now appears his predictions were accurate; and
Resolution No. 102-91
Page 2
WHEREAS, the Public Works Director/City Engineer has advised
the City Council the City's water supply system may be
insufficient to supply potable water to its citizens near the end
of September without an additional outside source of potable
water; and
WHEREAS, the City Council did explore all possible
alternatives to obtain an additional outside source of water
prior to the exhaustion of the City's current water supplies and
found the only reliable and dependable source and the most
expedient source available to the City to be seawater
desalination; and
WHEREAS, based on the facts and conditions made known to the
City Council and in reliance on the Declaration of Emergency made
by the City Council, the City has proceeded to procure a
temporary emergency desalination plant with seawater wells
capable of replenishing the city's water when it becomes
nonpotable and/or incapable of producing sufficient water to
treat.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND DECLARED by the
City Council of the City of Morro Bay as follows:
1. The above recitations constitute the findings of the City
Council of the City of Morro Bay in this matter.
2. The Declaration of Emergency made by Resolution No. 13-91 as
clarified by Resolution No. 28-91 is hereby reaffirmed as having
been necessary and appropriate in that the crisis condition which
did exist then has gotten worse just as was predicted thereby
creating an even greater need for emergency action on the City's
part.
3. The crisis condition of the City's water supply system, as it
existed in February 1991 and as currently intensified by the high
levels of TDS, nitrates and selenium which cause the water to be
non potable in a majority of the City's wells and the eminent
likelihood that the City will lack sufficient potable water to
serve its citizens did then and does now constitute a great
public calamity within the meaning of California Public Contracts
Code § 20168 and the public interest and necessity warrant the
immediate allocation of public money to safeguard life, health
and property.
4. The crisis condition of the City's water supply system as
described hereinabove did then and does now constitute an
emergency within the meaning of California Public Resources Code
§21060.3 in that the sudden unexpected appearance of selenium,
the sudden rapid increase of nitrate and TDS level involve a
clear and imminent danger, demanding immediate action to prevent
or mitigate loss of, or damage to, life, health, property, or
essential public services such as water service and fire
• •
Resolution No. 102-91
Page 3
protection and the action of the City Council in procuring a
seawater desalination plant was and is necessary to respond to
such emergency.
5. The crisis condition of the City's water supply system as
described hereinabove did then and does now constitute an
emergency and imminent danger within the meaning of the Coastal
Act, Public Resources Code §30611 in that the City of Morro Bay
is performing the public services of providing water and fire
protection to its citizens and is required to protect the life,
health and property from imminent danger by immediate action
without the necessity of obtaining permits which might otherwise
have been required by the Coastal Act.
6. The crisis condition of the City's water supply system as
described hereinabove did then and does now constitute a water
shortage emergency condition as defined in California Water Code
§350 in that the ordinary demands and requirements of water
consumers cannot be satisfied without depleting the water supply
of the City to the extent that there would be insufficient water
for human consumption, sanitation, and fire protection thereby
warranting the institution of Level 5 emergency water rationing
measures.
7. The crisis condition of the City's water supply system as
described hereinabove did then and does now constitute a water
shortage emergency condition caused by drought and other
conditions as defined in California Water Code §71640 thereby
warranting the institution of Level 5 emergency water rationing
measures.
8. It is at this time even more urgent, imperative and necessary
in order to protect the health, safety and welfare of the people
that the City proceed with the temporary emergency seawater
desalination plant as rapidly as possible that it be completed
and ready to provide potable water to the citizens of Morro Bay
when the City's current water systems fail.
NOW, THEREFORE, Staff is hereby directed to take all
necessary steps to assure the temporary emergency seawater
desalination plant be completed and ready to provide potable
water to the citizens of Morro Bay when the City's current water
systems are unable to supply sufficient potable water to meet the
needs of its citizens.
Resolution No. 102-91
Page 4
FURTHER, Staff shall draft for Council consideration the
necessary Resolution to further restrict the Level 5 rationing
per direction received at this meeting.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a special meeting held on the 29th day of August, 1991 by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSE
ATTEST:
ELANE NOVAK, Deputy City Clerk
, Mayor
•
RESOLUTION NO. 101-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND APPROVING A SPECIAL USE PERMIT
TO ALLOW USE OF CITY STREETS FOR SALE OF ICE CREAM AND
SIMILAR FROZEN PRODUCTS FROM A MOTOR VEHICLE
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NO. SUP 01-91
WHEREAS, the City Council of the City of Morro Bay, California on
the 26th day of August 1991, held a duly noticed PUBLIC HEARING to
consider the request of Christine Heinich and Brian Candela to allow
ice cream sales from a vehicle on city streets; and
WHEREAS, the Environmental Coordinator determined that the
proposed use is exempt for purposes of the California Environmental
Quality Act, and no further documentation is necessary; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report and the testimony of all persons wishing to testify, the City
Council found the following facts and reasons to justify its action:
1. The proposed use will not be detrimental to the health, safety,
comfort, and general welfare of the persons residing or working
in the neighborhood;
2. The proposed use will not be injurious or detrimental to property
and improvements in the neighborhood;
3. The proposed use will not be injurious or detrimental to the
general welfare of the City; and
4. The proposed use is in conformance with the General Plan and the
certified Local Coastal Program Land Use Plan (LCP) and Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Council in this matter; and,
2. That the Council does hereby grant approval for Special Use
Permit No. 24-91, with conditions.
M
City Council Resolution No. lot-91
Page Two
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City
Council, at a regular meeting held on this 26th day of August, 1991,
by the following vote:
AYES: Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSTAIN: Baker
ATTEST:
aze4�
ARDITH DAVIS, City Clerk
CONDITIONS OF APPROVAL
Case No. SUP 24-91
CONDITIONS
1. This Special Use Permit is granted for the Use described in the
application and any attachments thereto, and as shown on the
attached exhibits, 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. Inaugurate Within One Year: Unless the operation of the use 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. Chancres: 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
City Council.
4. Compliance with Law: 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. Hold Harmless: The applicant, as a condition of approval, hereby
agrees 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 this approval by the City of the applicant`s project; or
applicants failure to comply with conditions of approval. This
condition and agreement shall be binding on all successors and
assigns.
6. Compliance with Conditions: Compliance with and execution of all
conditions listed hereon shall be necessary, unless otherwise
specified Deviation from this requirement shall be permitted
only by written consent of the Community Development Director
and/or as authorized by the City Council. 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.
7. Acceptance of Conditions: Prior to obtaining a business License
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.
B. SPECIAL CONDITIONS
1. Business License: The operator shall obtain a Business License
prior to initiating the use.
2. Limited Streets: The operation shall only be conducted on
residential and industrial streets and business may net be
conducted on commercial streets, including, but not limited to
the Embarcadero, Morro Bay Blvd., and the commercial sections of
Main Street.
3. Stopping Requirements: The vehicle may not be parked in any
permanent or semi -permanent location for the purposes of sale,
display or other commercial use. furthermore, the vehicle shall
not stop or double park within any travel lanes and shall only be
parked temporarily within legal street parking spaces.
4. Customer Service Access: Customer service shall be limited to
the curb side or rear of the vehicle, away from the travel lanes.
5. Noise Levels: The vehicle audio announcement shall be a musical
recording played at levels which comply with the Municipal Code
sound levels and shall not disturb residents within the City.
Hours of Oper tion: The business hours shall be limited to 8:00
a.m. to dusk weekdays and 9:00 a.m. to dusk on weekends and
holidays.
Insurance Reauire : Prior to the issuance of a business license,
the applicant shall secure and provide to City a comprehensive
public liability and property damage insurance policy naming the
city as additional insured in amounts and on the terms as
approved by the City Risk Manager.
8. No Flashing Lights: There shall be no flashing lights or other
items on the vehicle which could be distractive to other
motorists.
9. Vehicle Operation: Prior to issuance of a business license, the
vehicle operation shall be subject to the approval of the City
Engineer and a payment of a fee established in the Master Fee
Schedule pursuant to Section 10.28.140.
10. Six -Month Review: The permit shall be valid for an initial
period of six months at which time it shall be returned to the
City Council for review for compliance with conditions and
compatibility with general public health and welfare. Thereafter
the permit shall be valid for one year and may be extended by the
City Administrator for additional one year periods provided that
the applicant meets all conditions, that there are no complaints
regarding the business operation or operator, and that there are
no new laws which would affect the business.
•
0
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MORRO
BAY
ARROYO GRANGE PISMO BEACH, OR .
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RESOLUTION NO. 100-91
RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A 15-MINUTE ON -
STREET PARKING LIMITATION ON FRONT STREET ADJACENT TO THE CENTENNIAL
PARKWAY RESTROOM FACILITY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the California Vehicle Code and Section 10.36.050 of
the Morro Bay Municipal Code authorize designation of limited time
parking on any street within the jurisdiction of the City of Morro
bay; and
WHEREAS, it has been deemed appropriate to designate a portion
of Front Street east of the Embarcadero for a 15-minute parking
limitation.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that a 15-minute on -street parking limitation
is hereby designated on the south side of Front Street east of the
Embarcadero in the turn pocket adjacent to the Centennial Parkway
Restroom Facility; and
BE IT FURTHER RESOLVED that the remainder of this street segment
remain designated as no parking due to street width constraints
except as currently delineated for on -street parking; and
BE IT FURTHER RESOLVED that the City Engineer be authorized and
directed to install curb markings to delineate this time limitation.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 26th day of August 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
RO E MARIE SHtTTZ, May
ATTEST•
ARDITH'DAVIS, City Clerk
�ApR kr
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C,WMWIAL. PA"AV
MASTER PLAN
RESOLUTION NO. 99-91
RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC
NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF
AN UNDERGROUND UTILITY DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
BE IT RESOLVED by the City Council of the City of Morro Bay
as follows:
WHEREAS, Section 13.16 of the Morro Bay Municipal Code
establishes a procedure for the creation of underground utility
districts and requires as the initial step in such procedure the
holding of a public hearing to ascertain whether public
necessity, health, safety, or welfare requires the removal of
poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying
electric, communication, or similar or associated service in any
such district; and
WHEREAS, it has been recommended that such an underground
utility district, hereinafter called District, be formed within
the following area:
All that real property located in the City of Morro Bay,
County of San Luis Obispo, State of California, described as
follows:
Beginning at the southwest corner of Block 34, Town of Morro, as
shown on a map recorded April 22, 1887, in Book A, of Maps, Page
35, said point being the True Point of Beginning, thence;
N89005'E, to the southeast corner of Block 1, Morro
Heights, thence; N89°05'E, 135 feet; more or less,
thence; N670 301E, to the southwest corner of Parcel 2,
as shown on a map recorded May 12, 1972, in Book 8 of
parcel Maps at Page 49; thence, N67030'E, 155.00 feet;
thence, N0026'18"E, 74.66 feet; thence, N3905514"E, to
the northerly right-of-way line of Quintana Road,
thence; S50006'E, along said right-of-way line to the
southeast corner of Lot 5, Tract 1584, thence; N84°
06121"E, to the right-of-way line of Bay (Butte) Avenue
extended, thence; S 12049130"W along said right-of-way
line to the southerly right-of-way line of Quintana
Road extended, thence; N 8960713011W along said right-of-
way line to the northwest corner of Lot 1, Block 1,
Morro Bay Vista Tract No. 1, thence; S 70' 00'W along
the southerly right-of-way line of Morro Bay Boulevard
to the northeast corner of Lot 28 of Resubdivision of
Blocks 2 and 3, Morro Heights, thence; S89°
0510011W, 10.94 feet, thence; S70°001W, to the westerly
right-of-way line of Kern Avenue, thence; N320
12'34"W, along said right-of-way line to the northeast
corner of Block 3, Morro Heights, thence; S890051W, to
the northwest corner of Block 28, Town of Morro,
thence; NO 551W, returning to the True Point of
Beginning.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. NOTICE IS HEREBY GIVEN that a public hearing shall be held
by the City Council of the City of Morro Bay on October 14,
1991, at 6:00 p.m. in the Veterans Hall, to ascertain
whether the public necessity, health, safety, or welfare
requires the removal of poles, overhead wires, and
associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication, or similar associated service in the District
hereinabove described.
2. At such hearing all persons interested shall be given an
opportunity to be heard. Said hearing may be continued from
time to time as may be determined by the City Council.
3. The City Clerk shall notify all affected property owners as
shown on the last equalized assessment roll, lease holders,
and utilities concerned of the time and place of such
hearing by mailing a copy of this resolution to such
property owners and utilities concerned at least thirty (30)
days prior to the date thereof.
4. The area proposed to be included in the District is shown on
that certain map entitled Underground Utility District No.
5, which is on file in the office of the City Clerk 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 26th day of August 26, 1991,
by the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSE MARIE TZ, Ma r
ATTES '
ARDITH DAVIS, City Cler
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RESOLUTION NO. 95-91
AUTHORIZING THE MAYOR TO EXECUTE LOAN DOCUMENTS
WITH THE DEPARTMENT OF BOATING AND WATERWAYS
FOR THE RECONSTRUCTION OF THE CITY SOUTH T-PIER
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City South T-Pier was destroyed by fire in December
of 1988, and;
WHEREAS, the City has applied for loan money from the Department
of Boating and Waterways for reconstruction of the South T-Pier, and;
WHEREAS, the City has been granted a two million dollar loan from
the Department of Boating and Waterways, and;
WHEREAS, the City is required to sign a loan contract with the
Department of Boating and Waterways.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that the Mayor of the City of Morro Bay is hereby authorized
to execute the loan contract with the Department of Boating and
Waterways in the amount of two million dollars.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 12th day of August, 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
"IESHEEV, MAYOR
ARDITH DAVIS, CITY CLERK
• AITACIAIENT A •
SMALL CRAFT HARBOR
LOAN AND OPERATION CONTRACT
This CONTRACT is entered into on July 22, 1991, between the California Department of Boatn9 and Waterways (DEPARTMENT) and the City of Mono Bay (BORROWER).
The DEPARTMENT and the BORROWER agree as follows:
1. CONTRACT
This contract incorporates EXHIBIT A, Small Craft Harbor Construction Loan and operation Contract
Standard Terms and Conditions and EXHIBIT B, Morro Bay Feasibility Repo r
2. LOAN
(a) The DEPARTMENT will make a construction loan in the DOLLARS ($2,amount of TWO MILLION
000,000) to the BORROWER in accordance with EXHIBIT A.
(b) The loan will bear compound interest at the rate of FOUR AND SEVEN -TENTHS PERCENT
(4.7%) Per annum on the unpaid balance commencing with the dare of each transfer of
loan funds by the DEPARTMENT.
Cc) The loan shall be made for a period of THIRTY (30) years beginning with the first
distribution of loan funds to the BORROWER
3. LOAN REPAYMENT__
(a) Repayment of the loan shall be made from gross revenues originating from fees and rentals
charged and received by the BORROWER for services, facilities and leaseholds provided or
located within the PROJECT AREA (defined by EXHIBIT A); such gross revenues shall
constitute security for loan repayment. However, to the extent that the revenues generated
Within such pROJECT AREA are insufficient to repay the loan, the BORROWER shall, as
lawfully authorized, levy and collect such taxes as necessary to pay each installment of
Principal and interest as is due.
(b) Repayment of the loan shall begin on August 1, 1994.
1
1
4. PROJECT COMPLETION DATE
The BORROWER shall complete the PROJECT (defined by EXHIBIT A) no later than May 1, 1994.
S. SPECIAL PROVISIONS
(a) The BORROWER certifies that the obligation created by this contract will not create an
indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the
Constitution of the State of California.
(b) If for any reason whatsoever the BORROWER does not complete the PROJECT by the date
stipulated in Paragraph 4 of this contract, then all loan moneys expended by the
BORROWER prior to such date are, to the extent permitted by law, a general obligation of
Elie BORROWER and shall be and payable ONE HUNDRED EIGHTY (180) days after the
Close of fiscal year 1993-94.
(c) The BORROWER shall establish a berthing rate for the Morro Bay Marina sufficient to cover
requirements of Section 71.8(e) of the Harbors and Navigation Code; however, the rates for
the rental of berths at Morro Bay Marina shall not average (average calculated by dividing
total berth revenues by total linear feet of berths) less than $2.65 per foor of boat or berth
length (whichever is longer) per month beginning with July 1, 1992. The BORROWER shall
adjust such rate or rates as necessary to keep them at a level which meets the aforestaced
requirements; however, such adjustments shall be made no less than once each year and
shall not be less than the equivalent percentage change (over the preceding year) in the
United States Bureau of Labor Statistics, Consumer Price Index for the United Scares, or
such other index as selected by the DEPARTMENT.
(d) The BORROWER shall each year conduct a survey of berthing charges which prevail in the
same market area as the Morro Bay Marina and shall transmit the results of the survey to
the DEPARTMENT by the 1st of April of each year. The BORROWER shall establish
berthing charges which are reasonable and not exorbitant.
2
(e) Notices required between the parties shall be deemed to have been given when mailed to
the respective addresses below, first-class postage prepaid thereon:
To DEPARTMENT; Department of Boating and Waterways
1629 S Street
Sacramento, California 95814-7291
To BORROWER: City of Morro Bay
Rick Algert, Harbor Director
1275 Embarcadero
Morro Bay, California 93442
(f) If for any reason whatsoever the California State Legislature does not appropriate or the
DEPARTMENT does not transfer for the use of the BORROWER such sums as identified in
EXHIBIT B as necessary for the completion of the PROJECT, then the BORROWER shall
have the option of taking either of the following two alternatives:
(aa) Return to the DEPARTMENT all moneys transferred to the BORROWER by the
DEPARTMENT plus the interest (as specified above) accrued ro date of said return;
or
(bb) Proceed to complete the PROJECT using the BORROWER,s own funds.
The BORROWER shall, within SIXTY (60) days following the close of the fiscal year in
which the appropriation or transfer does not take place, forward to the DEPARTMENT a
written notice stating which election has been made; if the BORROWER elects to return the
money, then the money shall be returned within ONE HUNDRED TWENTY (120) days of
the expiration of the aforesaid SIXTY (60) day period.
Ci
C,
CITY OF MORRO BAY
STATE OF CALIFORNIA
DEPARTMENT OF
BOATING AND WATERWAYS
By - By
Ti e: RO E MARI SHEETZ Director
Mayor
August 13, 1991
Date Signed
2
Date Signed
RESOLUTION NO. 94-91
APPROVAL OF ASSIGNMENT OF LEASE SITE 90/90W
FROM ABALONE UNLIMITED RESEARCH, INC. TO MRS. EDNA EDDY
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the City is the lessor of tidelands property known as
Lease Site 90/90W and;
WHEREAS, Abalone Unlimited Research, Inc. is the current lessee
of said property; and
WHEREAS, Abalone Unlimited Research, Inc. defaulted on a note
held by Mrs. Edna Eddy on the leasehold interest of said property; and
WHEREAS, Mrs. Eddy purchased said note at a foreclosure sale to
protect her interest in the lease site; and
WHEREAS, the lease for Lease Site 90/90W requires that City
Council approve an assignment through foreclosure on a note where the
lease is the secured interest and the City is obligated to permit this
assignment;
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that Lease Site 90/90W be assigned to Mrs. Eddy as Sole
Proprietor subject to receipt and approval of all necessary documents
by the City Attorney.
BE IT FURTHER RESOLVED that in order to allow for sufficient time
for Mrs. Eddy to locate a qualified sub -tenant or assignee there be
granted a 90 day extension period where the City will not initiate
collection action for non-payment of rent. The July 1, 1991 semi
annual payment plus 10% penalty and interest of 1% monthly must be
paid in full by November 12, 1991 or tenant shall be subject to
default.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 12th day of August, 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSE MARIE SHE z, MAYO
ARDITH DAVIS, CITY CLERK
RE S O LUT = ON NO _ 9 3— 9 1
A RESOLUTION SUPPORTING THE CALIFORNIA
NATIONAL GUARD AND ITS EXISTING
LEVEL OF BUDGET
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the California National Guard is an important part of
the Morro Bay community with stations at Camp San Luis Obispo and Camp
Roberts, and protects not only our Nation but our State; and
WHEREAS, the California National Guard responds to all types of
emergencies such as forest fires, earthquakes, civil disturbances, and
disaster relief; and
WHEREAS, the California National Guard is unique in that they re-
spond to 13 times the emergencies than the average State counter -part;
and
WHEREAS, the California National Guard has participated in nearly
every major conflict involving the United States since 1849, including
the most recent Persian Gulf "Desert Storm"; and
WHEREAS, the California National guard now faces potentially dis-
astrous personnel and budget cuts of over 30% and will not be able to
meet the expectations and needs of the citizens of California.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro
Bay, California, respectfully requests that all Californians, includ-
ing elected officials, join together to ask the Governor of Califor-
nia, the United States Congress, and President George Bush to maintain
the current Army National Guard force structure and strength through
the allocation of sufficient financial resources.
PASSED AND ADOPTED by the Morro Bay City Council at a regular
meeting thereof held on the 12th day of August, 1991 on the following
vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS, City Clem
%1 / 14Z
.�
RESOLUTION NO. 92-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING
FINDINGS AND ALLOCATING THE FIRST QUARTER SPECIAL BUILDING AWARD IN
ACCORDANCE WITH ORDINANCE 393
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 on the 22nd
day of April, 1991, did adopt Ordinance No. 393 providing for a
Special Building Allocation to allow for new residential units with
conversion projects where no additional water equivalency units are
necessary; and
WHEREAS, on the 10th day of June, 1991, the City Council did
adopt Resolution No. 67-91 providing dates for the quarterly award of
the Special Building Allocation and limiting the number of units to 10
single family and 40 multifamily; and
WHEREAS, one project has completed the necessary requirements to
qualify for a Special Building allocation; and
WHEREAS, consistent with Ordinance 393 and Ordinance 266, the
Council may at this time make a quarterly award of 13 multifamily
residential units to A. J. Wright's Alta Morro Project located at 715
Piney Way; and
WHEREAS, the Council may award one additional unit for a total of
14 units to the Alta Morro project conditional upon the Council
amending Morro Bay Municipal Code Section 13.20.070 (Water Equivalency
Table) to credit motels with managers quarters with .50 weu per unit;
and
WHEREAS, the Council may hold over the remaining units available
in the August 12, 1991 Special Building Quarterly Award of 5 single
family and 6 multifamily units to the December 9th quarterly award
date.
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 award to the Alta Morro Project
located at 715 Piney Way, 13 multifamily residential units as the
August 12, 1991 Special Building Quarterly Award; and,
3. That the Council does hereby award to the Alta Morro Project one
additional multifamily residential unit, conditional upon
amendments to Section 13.20.070 to credit motels with manager's
quarters with .50 weu per unit; and,
•
City Council Resolution No. 92-91
Page Two
4. That the Council does hereby hold over the remaining units
allowed in this first quarter; 6 multifamily and 5 single family
to the December 9, 1991 Special Building Quarterly Award.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Morro Bay, on the 12th day of August, 1991, by the following vote
to wit:
AYES: Baker, Luna, Wuriu, Sheetz
NOES: Mullen
ABSENT: None
ARDITH DAVIS, City Clerk
J
RESOLUTION NO. 91-91
A RESOLUTION ACCEPTING AN ❑FFER ❑F DEDICATION FOR
FOR PUBLIC RIGHT-OF-WAY AS MADE ON
PARCEL MAP MB89-428
T H E C I T Y C 0 U N C I L
City ❑f Morro Bay, California
WHEREAS, the Planning Commission of the City of Morr❑ Bay,
California, on the 2nd ❑f April 1990, did approve tentative map
MBB9-`f2B; and
WHEREAS, an offer ❑f dedication for right-of-way was made ❑n
behalf of the public on parcel map MB89-428 as required.
NOW, THEREFORE, BE IT RESOLVED that the City Council ❑f the
City of Morr❑ Bay, California does accept on behalf of the public
the offer ❑f dedication of right--of-way made ❑n parcel map MBB9-
428.
PASSED AND ADOPTED bg the City Council ❑f the City of Morr❑
Bay at a regular meeting held thereof on the 12 day of August
1991 bg the Following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSE M IE S Mayo
attest:
......... . icele
ARDITH DAVIS, City Clerk
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RESOLUTION NO. go-9i
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY DESCRIBING PROPOSED
BOUNDARIES OF SUPPLEMENTAL ASSESSMENT DISTRICT, DIRECTING
FILING OF MAP AND DIRECTING RECORDATION OF
NOTICE OF SUPPLEMENTAL ASSESSMENT
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Morro Bay, California, that
WHEREAS, this Council proposed to undertake proceedings for the levy of
supplemental assessments to provide for the additional costs and expenses of the
acquisitions and improvements within said assessment district.
NOW, THEREFORE, IT IS ORDERED, as follows:
1. The proposed boundaries of said supplemental assessment district to be
supplementally assessed in said proceedings, are hereby described as shown on a map of
said supplemental assessment district on file in the office of the City Clerk, which shows the
lots, pieces or parcels of land proposed to be supplementally assessed and which indicates
by a boundary line the extent of the territory included in the proposed supplemental
assessment district and which shall govern for all details as to the extent of such district,
reference to such map being hereby made for particulars. Said map contains the name of
the City and distinctive designation in words or by number of the district shown thereon.
2. On the original and at least one copy of said map the City Clerk shall endorse
her certificate evidencing the date and adoption of this resolution. The City Clerk shall file
the original of such map in her office and, within fifteen (15) days after adoption of the
Resolution fixing time and place of hearing on the formation or extent of said district, and
in no event later than fifteen (15) days prior to such hearing, shall file a duplicate original
copy thereof with the County Recorder of the County of San Luis Obispo in which all of
such proposed supplemental assessment district is located.
3. The County Recorder shall endorse on the copy of said map the time and date
of filing and shall fasten the same securely in a book of maps of assessment districts and
Mello -Roos districts which he or she shall keep in his or her office. The County Recorder
shall index such map by the name of the entity conducting the proceedings and by the
distinctive designation of the district as shown on such map.
4. After confirmation of the supplemental assessment by this Council, the City Clerk,
shall cause to be filed in the office of the County Recorder a copy of the supplemental
assessment diagram and shall execute and record a Notice of Supplemental Assessment in
the office of the County Recorder of the County of San Luis Obispo, such notice to be in
substantially the form provided in Section 3114 of the Streets and Highways Code. From
the date of such recording, all persons shall be deemed to have notice of the contents of
such supplemental assessment, and each of such supplemental assessments shall thereupon
be a lien upon the property against which it is made, and unless sooner discharged such
liens shall so continue for the period of ten (10) years from the date of such recordation,
or in the event bonds are issued to represent said supplemental assessments, then such
liens shall continue until the expiration of four (4) years after the due date of the last
installment upon said bonds.
5. The appropriate officer or officers are hereby authorized to pay any and all fees
required by law in connection with the above.
I hereby certify that the foregoing Resolution was duly and regularly adopted and
passed by the City Council of the City of Morro Bay, California, at a regular meeting
thereof held on the 12th day of August , 1991, by the following vote of the
members thereof:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk ARDITH DAVIS ~�
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RESOLUTION NO. 89-91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY APPOINTING TIME AND PLACE OF HEARING
PROTESTS IN RELATION TO PROPOSED SUPPLEMENTAL
ASSESSMENT AND DIRECTING NOTICE
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLVED, by the City Council (the "Council") of the City of Morro Bay,
California (the "City") that
WHEREAS, pursuant to the Resolution of Intention to Levy Supplemental
Assessments for Mimosa Street Supplemental Assessment District (the "Resolution of
Intention"), adopted on the 12thday of August , 1991, by the City Council pursuant
to the Municipal Improvement Act of 1913, as amended (the "Act"), the Engineer of Work
of said City has filed with the City Clerk the written report (the "Supplemental Engineer's
Report") called for under said Act and by said Resolution of Intention, which Supplemental
Engineer's Report has been presented by said Engineer of Work to this Council and this
Council has preliminarily approved and confirmed said Supplemental Engineer's Report
and ordered that the same stand as the Supplemental Engineer's Report for the purpose
of all subsequent proceedings had pursuant to said Resolution of Intention.
NOW, THEREFORE,
IT IS ORDERED that on the 23rd
September , 1991, at the hour of 6:00 0' clock p.m., in the regular meeting place
of said Council, City Hall, Council Chambers, Morro say , California,
be, and the same are hereby appointed and fixed as the time and place when and where
it will consider and finally act upon the Supplemental Engineer's Report under said
Resolution of Intention.
IT IS FURTHER ORDERED 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.
IT IS FURTHER ORDERED that said notices shall be headed "Notice of
Supplemental Assessment" 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 Supplemental Engineer's Report and of the date, hour and place set for the
hearing of said protests, and briefly describe the additional costs of said acquisitions and
improvements, and refer to said Resolution of Intention and Supplemental Engineer's
Report for further particulars.
IT IS FURTHER ORDERED 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 Supplemental
Engineer's Report, postage prepaid, at least twenty (20) days before the date set for
hearing of said protests, to all persons owning real property to be supplementally 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 the hearing on said Resolution of Intention and Supplemental
Engineer's Report and a statement of the total additional costs and expenses of said
acquisitions and improvements, the amount as shown by said Supplemental Engineer's
Report to be supplementally 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.
I hereby certify that the foregoing resolution was duly and regularly adopted and
passed by the City Council of the City of Morro Bay, California, at a regular meeting
thereof held on the 12th day of August 1991, by the following vote of the
members thereof:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
ay0 ROSE RIE SH FAP
C
ATTEST:
City Clerk ARDITH DAVIS
r L • .
RESOLUTION NO. 88-91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY OF PRELIMINARY
APPROVAL OF SUPPLEMENTAL ENGINEER, S REPORT
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLVED, by the City Council (the "Council") of the City of Morro Bay,
California, (the "City") that
WHEREAS, on the 12th day of August , 1991, said City Council did adopt
its Resolution of Intention to Levy Supplemental Assessment for the Mimosa Street
Supplemental Assessment District (the "Resolution of Intention") to acquire and/or
construct improvements in said City, and did refer the proposed additional costs of said
acquisition and improvements to the Engineer of Work, he being the officer having charge
and control of the 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 file with the City Clerk, a supplemental report in writing
all as therein more particularly described, under and pursuant to the Municipal
Improvement Act of 1913 (the "Act"), as amended;
WHEREAS, said Engineer of Work has caused to be made and has filed with the
City Clerk a supplemental report in writing as called for in said Resolution of Intention and
under and pursuant to said Act, which supplemental report has been presented to this
Council for consideration;
WHEREAS, said Council has duly considered said supplemental report and each and
every part thereof, and finds that each and every part of said supplemental report is
sufficient, and that said supplemental report, nor any part thereof requires or should be
modified in any respect;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That the Engineer I s estimate of additional costs and expenses of said acquisitions
and/or improvements and of the incidental expenses in connection therewith, contained in
said report be, and each of them are hereby, preliminarily approved and confirmed.
2. That the diagram showing the supplemental 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 supplemental assessment district as the same
existed at the time of passage of said Resolution of Intention is hereby preliminarily
approved and confirmed.
3. That the proposed supplemental 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 acquisitions and improvements, and of the incidental
expenses thereof, as contained in said supplemental report be, and they are hereby,
preliminarily approved and confirmed.
4. That the proposed maximum annual assessments for registration, administration
and collection costs, as contained in said report be, and the same are hereby, preliminarily
approved and confirmed.
5. That said supplemental report shall stand as the supplemental Engineer ' s Report
for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention.
x x x x x x x x x x x
I hereby certify that the foregoing resolution was duly and regularly adopted and
passed by the City Council of the City of Morro Bay, California, at a regular meeting
thereof held on the 12th day of August , 1991, by the following vote of the members
thereto:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk ARDI H DAVIS
0 •
RESOLUTION NO. 87-91
A RESOLUTION OF INTENTION TO LEVY SUPPLEMENT ASSESSMENTS
MIMOSA STREET SUPPLEMENTAL ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Morro Bay,
California, that in its opinion the public interest and convenience
require and that it is the intention of said City Council to levy
supplemental assessments for additional costs of the improvements set
forth in Exhibit "A".
1. The acquisition and construction of improvements, in the
opinion of said Council, were of more than local or ordinary public
benefit, and the costs and expenses thereof were made chargeable upon
an assessment district, the exterior boundaries of which district are
the composite and consolidated area as more particularly shown on a
map thereof entitled "Supplemental Assessment Diagram of Mimosa
Street Assessment District", prepared by the Engineer of Work, on
file in the office of the City Clerk, to which reference is hereby
made for particulars. Said map indicates by a boundary line the
extent of the territory included in the assessment district and
governs all details as to the extent of the assessment district.
2. Said City Council further declares 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 the
supplemental assessment hereafter to be made to cover the costs and
expenses of said additional acquisition and construction of
improvements.
3. Notice is hereby given that serial bonds to represent the
unpaid supplemental assessments, and bear interest at the rate of not
to exceed twelve percent (12%) per annum, will be issued under the
manner provided in the Improvement Bond Act of 1915, Division to of
the California Streets and Highways Code, the last installment of
which supplemental bonds shall mature on September 2, 2004. The
provisions of Part 11.1 of said Act, providing an alternative
procedure for the advance payment of supplemental assessments and the
calling of supplemental bonds, shall apply.
4. Except as herein otherwise provided for the issuance of
supplemental bonds, all of said acquisition and construction of
improvements have been done pursuant to the provisions of the
Municipal Improvement Act of 1913.
5. The additional costs of said acquisition and construction
of improvements are hereby referred to the Engineer of Work, being a
competent person employed by said City Council for that purpose; and
said Engineer is hereby directed to make and file with the City Clerk
a supplement report in writing, presenting the following:
(a) Engineer's statement of itemized and total additional
costs and expenses of said acquisitions and
improvements incurred by this district in excess of
proceeds of bonds heretofore issued;
(b) Supplemental Assessment Diagram showing the assessment
district above referred to, and also the boundaries
and dimensions of the respective subdivisions of land
7
r]
within said district and the same existed at the time
of the passage of this Resolution of Intention, each
of which subdivision shall be given a separate number
upon said Supplemental Assessment Diagram;
(c) A proposed supplemental assessment of the total amount
of the additional costs and expenses of the
acquisition and construction of improvements upon the
several subdivisions of land in said district in
proportion to the estimated benefits received by such
subdivisions, respectively, from said acquisition and
construction of improvements and of the expenses
incidental thereto.
6. If any excess shall be realized from the supplemental
assessment, it shall be used in such amounts as the City Council may
determined, in accordance with the provisions of law for one or more
of the following purposes:
(a) Transfer to the general fund of the city provided that
the amount of any such transfer shall not exceed the
lesser of $1,000.00 or 5% of the total amount expenses
from the acquisition fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of improvements.
7. Notice is further given that the City will not obligate
itself to advance available funds from the City Treasury to cure any
3
11
•
deficiency which may occur in the Supplemental Bond Redemption Fund,
provided however, that it shall not preclude itself from so advancing
if, in its sole discretion, it so determines.
8. It is further determined pursuant to California Streets and
Highways Code Section 8571.5, that the supplemental bonds may be
refunded pursuant to Division 11.5 of the California Streets and
Highways Code.
I, the undersigned City Clerk, do hereby certify that the
foregoing Resolution was duly and regularly adopted by the City
Council of the City of Morro Bay, California, at a regular meeting
thereof held on the 12th day of August, 1991, by the following vote
of the members thereof, a majority being present:
AYES: COUNCILMEMBERS: Baker, Luna, Mullen, Wuriu, Mayor Sheetz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
ATTEST:
City Clerk ARDITH DAVIS
MARIE SHEETZ
EXHIBIT "A"
DESCRIPTION OF WORK
1) The' -improvement of Mimosa Street from Hill Street
to Ironwood Avenue by grading, and the construction and
installation of paving and base, sewer manholes and water
valve covers to grade, curb and gutter, driveway approaches,
and drainage facilities.
2)
The construction and acquisition
of necessary
easements,
right-of-ways,
facilities and
appurtenances
necessary
to the above and
required to complete
the same.
3) The acquisition by eminent domain, or otherwise, of
Mimosa Street as a public street.
I
RESOLUTION NO. 86-91
RESOLUTION RATIFYING SAN LUIS OBISPO AREA COORDINATING COUNCIL
JOINT POWERS AGREEMENT FOR FISCAL YEAR 1991/92
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the San Luis Obispo Area Coordinating Council was
created by a Joint Powers Agreement between the County of San Luis
Obispo and the cities of Arroyo Grande, Atascadero, E1 Paso de
Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo; and
WHEREAS, Section IV of said Agreement requires annual
ratification by member agencies; and
WHEREAS, the City of Morro Bay desires to continue its
membership in the San Luis Obispo Area Coordinating Council during FY
1991/92.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay to ratify the San Luis Obispo Area Coordinating Council
Joint Powers Agreement for FY 1991/92, attached hereto as Exhibit A
and incorporated herein by reference, and authorize the Mayor and
City Clerk to sign said Agreement and forward it to the San Luis
Obispo Area Coordinating Council.
PASSED AND ADOPTED by the City Council of the City of Morro bay
at a regular meeting thereof held on the 12th day of August, 1991 on
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
SE MA IE SH TZ, Mayor
ATTEST' /
ARDITH DAVIS, City Clerk
l
FY 93-92
JOINT POWERS AGREEMENT
SAN LUIS OBISPO AREA COORDINATING COUNCIL
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, and September 19, 1984, by and
among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de
Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being
municipal corporations of the State of California and located within the
boundaries of the County of San Luis Obispo, California, as may execute this
Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a
body politic and corporate and a subdivision of the State of California,
hereinafter called "COUNTY,' as follows:
WHEREAS, Section 6500, et seq., of the California Government Code (Title
l., Division 7, Chapter 5, Article 1) provides for agreements between two or
more public agencies to jointly exercise any power common to the contracting
parties, subject to certain mandatory provisions contained therein; and
WHEREAS, the City of San Luis Obispo by virtue of its charter, and the
other incorporated cities in the County, parties hereto, by virtue of Sections
65600 through 65604, inclusive, of the California Government Code have the
joint and mutual power to create an area planning commission, herein
designated "San Luis Obispo Area Coordinating Council."
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council and now wish to amend and supersede the
same; and
WHEREAS, Section 29532, California Government Code, provides that such a
Planning and Coordinating Council shall be designated the Regional Transporta-
tion Planning Agency to act in matters of transit and transportation planning;
and
WHEREAS, it is desirable that a single agency be created by and with the
consent of CITIES and COUNTY to advise, plan for, and suggest solutions to
common problems; assist in the preparation of plans and programs by utilizing
planning talents and general plans of the various governmental jurisdictions
in the County and of experts in various other fields and to coordinate their
efforts; and
WHEREAS, creation of such an agency and action by it upon certain plans
and programs is necessary to comply with requirements of federal and state
legislation in order to participate in the allocation and disbursement of
state and federal funds which may be desired by COUNTY and CITIES in the
implementation of plans and programs which have been approved by their
respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
1991-1992 JOINT POWERS AGREEMENT PAGE 2
0663-1/111 07-17-91
I. PURPOSE
The San Luis Obispo Area Coordinating Council is organized for the
permanent establishment of a forum for planning, discussion and study of
area -wide problems of mutual interest and concern to COUNTY and to CITIES; for
the development of studies and adoption of regional plans; to serve as a
regional agency for certain federal and state programs; and for other actions
commensurate with the desires of the member governments.
II. NAME
The official name of the organization hereby created shall be the "San
Luis Obispo Area Coordinating Council."
III. POWERS
The San Luis Obispo Area Coordinating Council hereinafter called "Area
Council," is hereby created as a voluntary agency pursuant to applicable
provisions of the California Government Code with the power to carry out the
purposes hereinabove stated and to implement the annual work program approved
by COUNTY and CITIES, including the power to contract for goods and services;
to provide for employment of necessary personnel, experts and consultants; to
accept gifts, loans, grants; and to administer the affairs of the Area Council
hereby created in accordance with this Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby
declared by COUNTY and CITIES that the debts, liabilities and obligations of
the Area Council shall not he the debts, liabilities and obligations of any of
the parties to this Agreement, except as otherwise provided herein.
IV. MEMBERSHIP
1. Membership in the Area Council shall be voluntary, but only the
County of San Luis Obispo and all cities incorporated in the County of San
Luis Obispo presently or in the future, are declared eligible for membership
in the Area Council.
2. Representatives of the COUNTY and CITIES shall be appointed to serve
on the Area Council. in accordance with procedures established by each of the
governing bodies of the member agencies. Representatives to the Area Council
shall. consist of the five members of the Board of Supervisors of the County of
San Luis Obispo from time to time in office and of one additional member from
the governing body of each incorporated city within the boundaries of the
County of San Luis Obispo which is a party to this Agreement, with each
incorporated area being limited to one representative. Representatives shall
serve so long as they hold office with their member agency or until they shall
resign or be removed by a majority vote of their respective governing bodies.
Vacancies among representatives shall he filled in the same manner as the
first appointment.
E
1991-1992 JOINT POWERS AGREEMENT
0663-1/111
PAGE 3
07-17-91
3. Member agencies may elect to have an alternate member(s) in addition
to any official member, but said alternate shall be able to vote only in the
absence of the official. representative.
4. Designation of the official representative or alternate(s), or changes
thereto, shall be transmitted in writing to the Executive Director of the Area
Council by the appointing city or the county.
5. In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be incorporated within the
boundaries of the County of San Luis Obispo and which may desire to participate
in the activities of the Area Council may do so by executing this Agreement
without prior approval or ratification of the named parties to this Agreement
and shall thereafter be governed by all the terms and provisions of this
Agreement as of the date of execution.
6. Membership shall be contingent upon the execution of this joint
Powers Agreement and subsequent annual ratification.
V. OPERATION
1. The powers of the Area Council are advisory to the member agencies
which execute this Agreement except for those actions mandated by state or
federal law for the processing of applications submitted by any of the member
agencies for federal and state grants or funds which require action by the
Area Council. Nothing herein shall be construed to limit inanymanner the
power of any of the parties to initiate and complete a local project within
their respective jurisdictions with their own funds. It is understood, how-
ever, that the recommendations of the Area Council may have the effect of
precluding any favorable action by an agency of the state or federal govern-
ment in support of such a project if other than local financing is sought, as
determined by the respective state or federal agency under law, regulations
and policies applicable to them.
2. Except as otherwise provided herein, there shall be no costs incurred
by Area Council pursuant hereto, other than expenses of its members, which are
to be borne by their respective entities, and the cost of services by the
officers and personnel of the respective entities to said Area Council, upon
approval of such services by the governing bodies hereof, shall likewise be
borne by the respective entities.
All costs incurred by Area Council performing functions as the regional
transportation agency for San Luis Obispo County as designated by the State
shall be paid out of the transportation fund established pursuant to Section
29530, et seq., Government Code as provided for therein.
3. Costs of Area Council for each fiscal year which are necessary for
the ordinary operation of the Area Council, including but not limited to
11
1991-1992 JOINT POWERS AGREEMENT
0663-1/111
PAGE 4
07-17-91
office space, furniture, supplies and postage, and excepting those functions
performed as the regional transportation agency, shall be borne by COUNTY in
an amount approved by the Board of Supervisors in the annual county budget.
Extraordinary costs as recommended by the Area Council shall be borne by
contributions from the member entities as approved by their governing bodies,
Costs of all activities undertaken by Area Council as the Regional
Transportation Planning Agency shall be set forth in the budget as part of the
annual work program of Area Council and shall be funded from the transportation
fund pursuant to applicable state statutes.
4. The annual work program and budget, when adopted shallbe the basis
for operation of Area Council for the fiscal year. Any deviation from the work
program affecting the budget shall be returned to the member agencies for
approval.
5. For purposes of conducting business, there shall be present a quorum
consisting of a majority of representatives, including two COUNTY representa-
tives. No action shall be effective without the affirmative votes of a
majority of those present. However, eight (8) affirmative votes shall he
required for taking any action in the event any agency demands such a vote.
The representatives to the Area Council shall adopt such procedures as are
consistent with this Agreement and necessary to conduct the business of Area
Councilin an orderly manner. -
VI. OFFICERS
1. The officers of the Area Council shall consist of a President and
Vice -President elected for a term of one year by a majority vote of member
agency representatives to the Area Council.
2. Both the President and Vice -President of Area Council shall be
elected at the May meeting (annual meeting).
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President
1.) Shalll preside over all meetings of the Area Council as
Chairman.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of.
said Area Council.
E
1991-1992 JOINT POWERS AGREEMENT PAGE 5
0663-1/111 07-17-91
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf
of the Area Council.
b. Vice -President
1) Shall serve as Chairman pro-tempor in the absence of the
- President.
2) Shall give whatever aid necessary to the President in
administering of the Area Council..
3) Shall be an ex-officic member of all committees.
5. In the event of a vacancy occurring in the office of either the
President or Vice -President upon said officer's death, resignation, removal or
his ceasing to be an official representative of a member city of the County of
San Luis Obispo, such vacancy will be filled by majority vote of the Area
Council, the officer elected to serve for the balance of the unexpired term.
VII. STAFF
-1. The Area Council shall appoint an Executive Director to serve at its
pleasure, who will perform the following duties and such others as may be
assigned by Area Council.
a. Prepare and submit the annual work program and budget to the
Area Council for .its approval and 'to the parties hereto for
ratification.
b. Shall keep an accurate account and file of all meetings.
C. Shall disburse all funds in accordance with the policies of the
County -Treasurer and the County Auditor/Controller and the
budget and work program adopted by the Area Council.
d. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the Area Council on all
committees.
f. Shall insure that Area Council renders a written year end -report
reflecting activities of the preceding fiscal year, said year
end report to be distributed to each of the participating member
bodi es.
C�
•
1991-1992 JOINT POWERS AGREEMENT
0663-1/17.1
PAGE 6
07-17-91
g. Shall be responsible for directing those employees authorized by
the Area Council in the budget. Employees are to be appointed
by the Area Council on the recommendation of the Executive
Director and to serve at the pleasure of the Area Council.
2. The Executive Director of the Area Council shall have charge of,
handle and have access to, any property of the Area Council.
3. The Executive Director, Treasurer, and Auditor -Controller shall be
bonded or self -insured through the county in -lieu of bonds (in accordance with
Government Code Section 24156) in the sum of $1000.
VIII. MEETINGS
1. Regular meetings of the Area Council shall be held at least six (6)
times a year or at more frequent intervals as approved by the Area Council.
2. Special. meetings may be called by the President or upon written
request of at least three (3) representatives of the Area Council. Actual
notice of special meetings must be given at least three (3) business days in
advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally held in the first week of
January, March, May, July, September and November, or as specified in the
annual meeting calendar adopted in May. The May meeting shall be designated
the "annual meeting."
5. The Executive Director of the Area Council will direct the
publication of notices of all meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member
of the Area Council or vote on any motion before the Area Council.
7. The meeting agenda shall be prepared by the Executive Director to the
Area Council. Agenda material shall be submitted to the Executive Director at
least twenty-one (21) calendar days prior to the next regular meeting and
distributed to members at least fourteen (14) calendar days prior to the next
regular meeting to allow member agencies to advise their representatives on
tentative vote subject to independent judgement of delegate based on public
testimony. Unless authorized by majority vote of the representatives at a
regular meeting, only agenda items shallbe considered
by the Area Council.
B. The Area Council, at the discretion of the President, may memorialize
any of its actions by resolution.
1991-1992 JOINT POWERS AGREEMENT
0663-1/111
PAGE 7
07-17-91
9. Robert's Rules of Order or such other rules as the Area Council may
adopt will govern all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. The Area Council shall hold public hearings for the adoption of
Regional Plans.
12. Minutes Of all Area Council meetings shall be kept by the Executive
Director to the Area Council and shall be submitted to member agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as the Area Council
may deem appropriate.
2. Membership on "ad -Hoc' policy committees shall be at the discretion of
the President. Nothing herein shall be construed to limit membership on these
aforesaid committees to officials of the member agencies, The President may
appoint any individual deemed qualified to serve on a committee.
3. Standing committees shall include the Administration Committee,
comprised of all managers and administrators of member jurisdictions; the
Legal Committee, comprised of all city and designated county attorneys; the
Planning Committee, cormprised of all agency planning officials appointed by
their respective agencies; the Public works Committee, comprised of all agency
engineering officials appointed by their respective agencies; the Technical
Transportation Advisory Committee (TTAC) and the Citizen's Transportation
Advisory Committee (CTAC) as per the Memorandum of Understanding between the
California Department of Transportation and the Area Council; and the Transit
Productivity Committee as required by Section 99224 and Section 99238 of the
Public Utilities Code. The Area Council may organize such other technical
advisory committees as it deems necessary to carry out Area Council functions.
4. No committee shall commit the Area Council on any matter or questions
Of policy. Such matters or questions can only be decided by the Area
Council.
5. All committees shall receive clerical assistance from the Area
Council staff for the purpose of maintaining minutes of meetings and other such
duties as the Executive Director may direct. The chairman of each committee
shall sign the original copy of the minutes indicating his verification of
contents. Copies of minutes of all meetings shall be sent to members of the
Area Council and the Executive Director.
X. FINANCE
CL
-1991-1992 JOINT POWERS AGREEMENT
0663-1/111
PAGE 8
07-17-91
l.. The Area Council shall have no power to expend funds on any project
for which funds have not been budgeted, nor on any item in excess of the
budgeted amount without specific approval of two-thirds of the governing
bodies of the member agencies including COUNTY.
2. The Treasurer of the County of San Luis Obispo is designated the
depositary, and he shall have custody of all money of the Area Council. from
whatever source received. It is further understood that the Auditor/
Controller of the County of San Luis Obispo is, as such, auditor of the Area
Council.
XI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to
assign representatives to serve as official members of the Area Council or any
committee or subcommittee thereof who shall act for and on behalf of their
city or county in any or all matters which shall come before the Area Council,
subject to any necessary approval of their acts by the governing bodies of
CITIES and COUNTY.
2. Any party to this Agreement may withdraw from the San Luis Obispo
Area Coordinating Council and terminate its participation in this agreement by
resolution of its governing body. The withdrawal of the member shall have no
effect on the continuance of this Agreement among the remaining members and
the Agreement shall remain in full force and effect as respects the remaining
members.
3. A member withdrawing shall not be liable for the payment of further
contributions falling due beyond the date of withdrawal and shall have no
right to reimbursement of any monies previously paid to Area Council, provided,
however, that Area Council may authorize a reimbursement if in its judgment
such reimbursement is fair and equitable and can be done without jeopardy to
the operation of the Area Council. If any party hereto fails to pay its
contribution, as determined by Area Council, said entity shall be deemed to
have voluntarily withdrawn from the Area Council.
4. Area Council may be dissolved at any time and this Agreement rescinded
by a joint agreement executed by COUNTY and CITIES which are parties hereto.
Said rescision Agreement shall provide for the orderly payment of all outstand-
ing debts_ and obligations and for the return of any surplus funds of Area
Council in proportion to the contributions made.
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or
mayor and clerks of the governing bodies of the County of San Luis Obispo and
at least four (4) cities, pursuant to resolutions of such governing bodies
authorizing such execution and shall remain in full force and effect until
r1
U
1991-1992 JOINT POWERS AGREEMENT
0663-3./311
PAGE 9
07-17-91
dissolved pursuant to the provisions herein. This Agreement may be executed
in eight (8) counterparts which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
RD/cl/0663-1/111
7-17-91
1991-1992 JOINT POWERS AGREEMENT
0663-1/111
CITY OF ARROYO GRANDE
By:
Mayor
Clerk
CITY OF ATASCADERO
By:
Mayor
Clerk
CITY OF GROVER CITY
By:
Mayor
Date:
Resolution No.
Dat e:
Minute Order
Date:
Resolution No.
PAGE 10
07-17-91
Clerk
CITY OF 0 BAY
By Af
Date: August 12, 1991
Mayor7.01E KARIjf SHEETZ
Resolution No. 86-91
Clerk ARDITH DAVIS
CITY OF PASO ROBLES
By: Date:
Mayor
Clerk
CITY OF PISMO BEACH
By:
Mayor
Clerk
CITY OF SAN LUIS OBISPO
By:
Mayor
Clerk
Minute Order
Date
Minute Order
Date•
Resolution No.
1991.-1992 JOINT POWERS AGREEMENT PAGE 11.
0663-1/111 07-17-91
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LIN➢HOLM, JR.
County Counsel
By
➢eputy County set.
Dated:
RD/ms/hf/cl/0663-1/111
7-02-91
A 1F • •
RESC7LUTSON NO . 8 5-91
RESOLUTION ORDERING PLACED ON THE BALLOT OF THE CITY OF
MORRO BAY SPECIAL ELECTION TO BE HELD ON 05 NOVEMBER 1991,
AN INITIATIVE MEASURE MANDATING PARTICIPATION BY THE
CITY OF MORRO BAY IN THE COASTAL BRANCH OF THE
CALIFORNIA AQUEDUCT AND AUTHORIZING CONSTRUCTION
OF RELATED NECESSARY LOCAL FACILITIES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, an initiative petition was presented to the City
Clerk on 22 July 1991 to mandate participation by the City of
Morro Bay in the Coastal Branch of the California Aqueduct and
authorizing construction, of related necessary local facilities;
and
WHEREAS, said initiative petition has been examined by the
office of the San Luis Obispo County Clerk on behalf of the Morro
Bay City Clerk, and subsequently certified on 26 July 1991 as
being sufficient in accordance with §4010 of the Elections Code,
qualifying the initiative petition to be submitted to the voters
of the City of Morro Bay at a special municipal election; and
WHEREAS, the Morro Bay City Council did, by Resolution No.
56-91, call a special municipal election for 05 November 1991 and
requested the County Board of Supervisors to approve consolida-
tion of the election with the special districts election to be
held on the same day.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council, pursuant to its authority in accor-
dance with the Elections Code, does hereby determine there shall
be and is hereby ordered submitted to the qualified electors of
said City at the 05 November 1991 special municipal election, the
following question:
MEASURE G
Shall an Ordinance be enacted mandating
participation by the City of Morro Bay in the
Coastal Branch of the California Aqueduct
Project (State Water Project) and authorizing
construction of related necessary local
facilities?
YES /
NO
2. The City Clerk is hereby directed, pursuant to Elec-
tions Code §5025, to notice the public review period on the ini-
Resolution No. 85-91
Page Two
tiative ballot text and the City Attorney's impartial analysis to
begin 31 July 1991 and end 09 August 1991.
3. The City Clerk is hereby directed to advertise the
argument period for the initiative petition to commence 31 July
1991 through 09 August 1991 at 5:00 p.m.; the period for rebuttal
arguments is 10 August 1991 through 19 August 1991 at 5:00 p.m.;
and the public review period for the arguments for and against
the initiative petition to commence 20 August 1991 through 30
August 1991 at 5:00 p.m.
4. The City Clerk is hereby directed to forward a copy of
this Resolution to the County Clerk for inclusion in the ballot
for the 05 November 1991 special municipal election.
5. The initiative measure shall pass only if a majority of
the votes cast by voters voting on the measure are "yes" votes
and shall, if passed, take precedence over any other conflicting
measure receiving less votes in this election.
6. The City Council hereby directs the City Attorney to
prepare and make available beginning 31 July 1991 an impartial
written 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.
7. If the San Luis Obispo County Clerk rejects this ini-
tiative petition for placement in the Morro Bay special election
ballot through the consolidated district's election to be held on
05 November 1991, then this initiative measure shall automati-
cally be placed on the first Countywide consolidated election
held in 1992 yet held no later than 30 June 1992.
PASSED AND ADOPTED by the Morro Bay City Council at an
adjourned regular meeting thereof held on the 30th day of July,
1991 on the following vote:
AYES: Baker, Wuriu, Sheetz
NOES: Mullen
ABSENT: Luna
ATTEST:
t
ARDITH DAVIS, City Clerk
City of Morro Bay
"esofution Number 84-91
A Resolution Commending George Carpenter
Upon His Retirement From Public Service
The City Council
City of Morro Bay, California
WHEREAS, George Carpenter has dedicated his life to public service and has served our
government in a law enforcement capacity for over 33 years; and
19J&RRAS, George Carpenter began his law enforcement career on July 1, 1959 for the City of
Hermosa Beach and since that time has worked for the Office of Naval Intelligence, the U.S. Department
of Justice, the San Luis Obispo County Sheriffs Department; and
%, LIEREA,S, George Carpenter came to the City of Morro Bay in 1971 to 1973 and again in 1979
until his retirement in 1991, serving our community for over 12 years; and
`VWER,EAS, George Carpenter's dedication to our community and to the law enforcement
profession was more than just ajob. He has distinguished himself, the Department and the profession,
and has received over 12 commendations for his service to our community alone; and
'6V`I&R_EAS, Among his numerous noteworthy accomplishments was his exceptional involvement
and investigative skill that resulted in the arrest, within 30 hours, and subsequent conviction of the
perpetrator of a double homicide, also George was principally responsible for the award winning design of
the present Police Facility; and
%WEREAS, George Carpenter was promoted to Police Sergeant In 1980 and to Police Lieutenant
in 1983 and has served the City with distinction in this capacity until his retirement.
NOW, THEREFORE, BE IT RTSOL$TD that the City Council of the City of Morro Bay does hereby
commend Lieutenant George Carpenter for his 33 years of public service and extend best wishes to him
for continued success and wellbeing.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting held
on the 22nd day of July, 1991 by the following vote:
AYES: Baker, Luna, Muflen, `Wetr*4 Sheetz
ABS%NT Nme -
ATIT-5T ROSE MARIE SHEETZ, Ma
ARDITH DAVIS, City Clerk
The City of Mom Bay is &&aed to thiepeservotion and eahmvcm of the guafity of life ud&h we ad eryoy. 'Ale are wwnittedto this purpose and miff
provide a tev t of m nkipal service eoruistem andrespontive to oarpub& andits weds.
RESOLUTION NO. 83-91
RESOLUTION AUTHORIZING AND DIRECTING INSTALLATION OF STOP SIGNS ON
JUNIPER AVENUE AT ELENA STREET
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Section 21351 of the California Vehicle Code allows the
City to install traffic control devices on streets under its
jurisdiction; and
WHEREAS, the intersection of Elena Street and Juniper Avenue is
under the sole jurisdiction of the City of Morro Bay; and
WHEREAS, it has been deemed appropriate to place stop signs on
Juniper Avenue at Elena Street.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the installation of stop signs on Juniper Avenue at
Elena Street is hereby approved; and
BE IT FURTHER RESOLVED, the City Engineer is hereby authorized
and directed to cause the installation of said stop signs and that
the provisions of this action become effective upon said
installations.
PASSED AND ADOPTED by the City Council of the City of Morro bay
at a regular meeting held thereof on the 22nd day of July, 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN:
ATTEST
ARDIT�IS City Clerk
RESOLUTION NO. 82-91
APPROVAL OF 10 YEAR LEASE FOR
LEASE SITE 113W WITH
VIRG'S FISH'N INC.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain
property on the Morro Bay waterfront, described as Lease Site
113W; and
WHEREAS, Virg's Fish'n has been the tenant of Lease Site
113W since 1975; and
WHEREAS, the original lease expired on December 30, 1991 and
has been operating under an interim lease which expired June 30,
1991; and
WHEREAS, City and Virg's Fish'n, Inc. have entered into new
10 year term lease agreements for a Lease Site 113W; and
WHEREAS, the City has previously given permission for Virg's
Fish'n to operate its sportfishing business on Lease Sites 124-
127/124W-127W;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby authorize the Mayor to execute a 10
year term lease for Lease Site 113W, subject to review and
approval by the City Attorney of all required documentation.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 22nd day of July,
1991, by the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
A I H DAVIS, CITY CLERK
T A B L E O F C O N T E N T S
L E A S E S I T E 113W
Article I FIXED TERM .....................
Section
1.01
Term .....................................
2
Section
1.02
No Extensions ............................
2
Section
1.03
flp�jd Over ................................
2
Article 2 RENT
.............................................
2
Section
2.01
Minimum Rent .............................
2
Section
2.02
Annual CPI Adiustmen t 9 Minimum Rent.....
3
Section
2,03
Percen age ReD_tgl ........................
3
Section
2.04
Secur itv Deposit .........................
6
Section
2.05
Pen ty and Interest ....................
6
Article 3 USE
OF
PREMISES ..................................
7
Section
3.01
Permitted Use ............................
7
Section
3.02
Unauthorized Use .........................
7
Section
3.03
Operation of Business - Hours of
Operation .................. ..........
8
Section
3.04
Competition ..............................
8
Section
3.05
T' eland=Trust ..........................
8
Section
3.06
Compliance with Law .......................
9
Section
3.07
Waste or Nuisance ........................ 9
Article 4 CONSTRUCTION, ALTERATION AND REPAIRS .............
9
Section
4.01
Construction Approval ....................
9
Section
4.02
CoNetruction Bond ........ _ ...........
_ 10
Section
4.03
Mechanics' liens .........................].0
Section
4.04
Ownership of Improvements ................11
Section
4.05
Removal of Property and ImprovementsZ
Constructed by TENANT ....................11
Article 5 HYPOTHECATION OF LEASE - ........................11
Article 6 REPAIRS,
MAINTENANCE AND RESTORATION .............
11
Section
6.01
Mn3ntenance by TENANT
11
Section
6.02
Seawalls and Revetment ...................
12
Section
6.03
Requirements of Governmental Aaencies
....12
Section
6.04
Failure to Repair ..,......,„
12
Section
6.05
Tenant's Duty to Restore Premises ........
13
Section
6.06
Inspection by CITY ......................
13
Section
6.07
Option to Terminate Lease for Destruction
13
Article 7 INDEMNITY
AND INSURANCE
13
Section
7.01
In e pity Agi:gement ......................
13
Section
7.02
Liability Insurance ......................
14
Section
7.03
Worker's Compensation ....................
15
Section
7.04
Fire and Casualty Insurance ..............
15
Section
7.05
Deposit of Insurance with CITY ...........15
Section
7.06
Notice of Cancellation of Insurance ......15
Section
7.07
No Subroaati.on ...........................
16
ii
Article 8 TAXES AND UTILITIES ..............................
16
Section
8.01
TENANT to Pav Taxes ......................
16
Section
8.02
TENANT to Pav License and Permit Fees ....16
Section
8.03
Utilities ................................
16
Article 9 CONDEMNATION., .... - ...............................
16
Section
9.01
Total Condemnation .......................16
Section
9.02
Condemnation Award .......................
17
Section
9.03
Termination for Partial Taking ...........17
Section
9.04
Rent Abatement for Partial Taking ........18
Section
9.05
Conveyance in Lieu of Eminent Domain .....18
Article 10 ASSIGNMENT
AND SUBLEASING ......................
18
Section
10.01
No Assignment Without CITY'S Consent ....1a
Section
10.02
Transfer of Stock a Assignment .........19
Section
10.03
Application for Assignment ..............
19
Section
10.04
Probate Transfer or Assignment ..........19
Section
10.05
No Sublease Without CITY'S Consent ......20
Section
10.06
T-erm of Sub -lease ........................20
Section
10.07
Sub -Tenant Subject to Lease Term ........20
Section
10.08
Consent Form Aareement ..................
20
Section
10.09
TENANT Remains Liable ...................21
Section
10.10
Fixception for Boatslips. Motels .........21
Article 11 DEFAULT
AND TERMINATION .........................
21
Section
11.01
Abandonment by TENANT ...................
21
Section
11.02
Te"ination for Breach by TENANT ........21
Section
1.1.03
Termination for Failure to Pay Rent ....21
Section
11.04
Beneficiary Mav Cure Default ............
22
Section
11.05
Attorney Fees for Hreach not R suiting
I[� Court. ct'o .........................22
Section
11.06
Damages fpr Breach
Section
11.07
Cumulative Remedies ......................
23
Section
11.08
Waiver of Breach .........................
23
Section
11.09
Surrender of_Premises....................23
Article 12 MISCELLANEOUS ...................................
23
Section
12.01
Attornev's Fees .........................
23
Section
12.02
RQ ices ..... ..........................
23
Section
12.03
Governing Law ...........................
23
Section
12.04
Binding on Heirs and Successors .........
24
Section
12.05
Par l Invalidity ......................
24
Section
12.06
Sole and Only Aareement .................
24
Section
12.07
Modification .............................
24
Section
12.08
Time of Essence .........................
24
Section
12.09
Memorandum of Lease for Recording .......25
Section
12.10
Termination for Nuclear Disaster ........
25
Article 13 SPECIAL
PROVISIONS PECULIAR TO THIS LEASE SITE
... 25
Section
13.01
Percentage Rental Payments ...............
25
Section
13.02
Amend ent to Section 2.04 Security
Deposit...............................
25
Section
13.03
Hours of Operation .......................
25
1, E A S E
THIS LEASE is made and entered into by and between the
CITY OF MORRO BAY, a municipal corporation of the State of
California herein called CITY, and Sharon Moore, currently
doing business as and president of Viro''s Fish,n Inc.,
herein called TENANT.
WITNESSETH
WHEREAS, the State of California granted certain tide
and submerged lands located within the CITY limits of CITY
to the County of San Luis Obispo and to its successors,
being Chapter 1076, Statutes of 1947, as amended by Chapter
413, Statutes of 1955, Chapter 1874, Statutes of 1957, and
Chapter 70, Statutes of 1960, first extraordinary session;
which Statutes may be amended from time to time by the
Legislature of the State of California; all of which
Statutes are expressly recognized and agreed to be in full
force and effect by the parties hereto; and
WHEREAS, the parties hereto recognize and agree that on
July l7, 1964, the CITY of Morro Bay, Lessor herein,
succeeded to all of the right, title and interest of the
County of San Luis Obispo in and to all of the tide and
submerged lands conveyed to said County by the State of
California pursuant to the above mentioned acts; and
WHEREAS, judgment has been entered on October 14, 1968,
in the case of CITY of Morro Bay, Plaintiff, versus County
of San Luis Obispo, and State of California, Defendants, by
the Superior Court of the State of California in and for the
County of San Luis Obispo, #30417, adjudging and decreeing,
among other things, that the title to said tide and
submerged lands so conveyed by the State of California to
the County of San Luis Obispo in trust, as set forth above,
passed automatically to the CITY of Morro Bay upon the date
of its incorporation as a CITY on the 17th day of July,
1964; and
WHEREAS, TENANT accepts the within lease with full
knowledge that there is no warranty of title in and to the
within described premises by CITY to TENANT; and
WHEREAS, in order to develop and improve the Morro Bay
Harbor, and to assist in carrying out the provisions of the
tideland grant as aforesaid, and in order to provide
facilities for the accommodation of those using Morro Bay
Harbor, CITY leases to TENANT the within described property
upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the covenants to be
performed and the rental to be paid by TENANT to CITY, CITY
leases to TENANT, and TENANT leases from CITY, the premises
herein called "said premises" in the CITY of Morro Bay,
2
County of San Luis Obispo, State of California, described as
follows:
That area of land and water together with the
improvements thereon and facilities appurtant thereto
including but not limited to docks, ramps, accessways and
pilings known as Lease Site 113W including dock improvements
as shown on the attached Exhibit A and made a part hereof by
reference.
Article I FIXED TERM
Section 1.01 Term
The term of the lease shall be a period of ten (1.0)
years, commencing July 1, 1991 and terminating without
notice on June 30, 2001, unless sooner terminated as herein
provided.
Section 1.02 No Extensions
The term of this lease shall not be extended nor shall
this lease be renewed. Requests for continued use of the
premises shall be treated as an application for a new lease
and shall require appropriate application to the CITY with
all required supporting information and documents, CITY
Council approval and the execution of a new CITY lease,
containing the then most current terms, covenants,
conditions and rent schedules.
Section 1.03 gold over
Should TENANT hold the said premises after the
expiration of the term of this lease with the consent of the
CITY, express or implied, such holding over (in the absence
of a written agreement between CITY and TENANT with respect
thereto) shall be deemed to create a tenancy from month to
month, terminable on thirty (30) days written notice from
either party to the other, at a monthly rental equal to
twice one -twelfth (1/12) of the total minimum rental for the
preceding twelve (12) months , and otherwise subject to each
and every term, covenant and condition of this lease.
TENANT shall indemnify and hold CITY harmless from any
and all loss or liability, including, but not limited to,
claims of succeeding TENANT'S, resulting from TENANT'S
failure to surrender possession of the said premises upon
termination of this lease during, at the end, or after
expiration of the term hereof.
Article 2 RENT
Section 2.01 Minimum Rent
TENANT agrees to pay to CITY in addition to the
additional sums specified herein below, a minimum guaranteed
annual rental for the use and occupancy of said premises of
ten thousand six hundred and fifty dollars ($10,650.00) per
year payable in advance in equal semiannual installments on
the first days of January and July of each year commencing
• • 3
July 1, 1991. Said rental shall be paid in lawful money of
the United States of America, without offset or deduction
and shall be paid to CITY at City Hall located at 595 Harbor
Street, Morro Bay, California, or at such other place or
places CITY may from time to time designate by written
notice delivered to TENANT.
Section 2.02 ADnual CPr Ad iustmen o Minimum Rent
The parties agree that on the first day of July 1992
and each July 1 thereafter the minimum guaranteed annual
rental shall be increased or decreased in direct proportion
to any upward or downward movement from the Consumer Price
Index for January 1, 1991, which is hereby agreed to be
140.0. The Consumer Price Index referred to herein is the
Consumer Price Index (all items indexes, all urban
consumers) for Los Angeles - Anaheim - Riverside,
California, compiled and published by the United States
Department of Labor, Bureau of Labor Statistics, 1967 Base
Year = 100 (hereafter called Index.) The percentage
9
adjustment for any given year shall be based upon the
average monthly index for twelve months ending December
31st.
The minimum annual rental shall be adjusted once each
year on July 1, and will remain in effect as adjusted
through June 30 of the following year, at which time it will
be readjusted. (By way of illustration only, if the Index
was 130 on January 1, 1986 and the average monthly Index
from January 1986 through December 1986 equals 136 then the
percentage increase is 4.62%. Therefore the minimum
guarantee annual rental then being paid by TENANT would be
increased by 4.62% commencing July 1, 1987 and continuing at
that rate until June 30, 1988.)
If the United States Department of Labor, Bureau of
Labor Statistics, shall cease to compile and make public the
Index as now constituted and issued, but shall substitute
another index in its place, then said substituted index
shall be used for the purpose of adjusting the minimum
rental for the leased premises.
Section 2.03 Percentage Rental
A. In addition to the minimum guaranteed annual
rental specified hereinabove TENANT agrees to pay to CITY at
the time and in the manner hereinafter specified, as rent
for the use and occupancy of said premises an additional sum
equal to that percentage of TENANT'S gross sales,
hereinafter defined, as shown on Exhibit B, attached hereto
and incorporated herein by reference, less the amount of the
minimum guaranteed rental paid pursuant to Section 2.01,
2.02, and 2.03 herein above.
4
B. The term "gross sales," as used herein, shall
(subject to the exception and authorized deductions as
hereinafter set forth), mean the total selling price and the
total gross amount received by TENANT from all rentals,
merchandise sold and services rendered in, on or from said
premises by TENANT, his subleasees, licensees, or
concessionaires, both for cash and on credit including, but
not limited to, rentals of dockage space, leasing and
servicing operations and ticket sales, and if on credit
whether or not payment be actually made therefore, all
charges for services, alterations or repairs made in or upon
said premises; the gross amount received by TENANT for
merchandise sold pursuant to orders received in said
premises, though filled elsewhere; and the gross amount
received by TENANT from any and all other sources of income
derived from the business conducted upon said premises.
C. Notwithstanding the provisions of Section 2.04 A.
of this lease, the term "gross sales" shall not include the
following items, and such items may be deducted from "gross
sales" to the extent they have been included therein or have
been included in a prior computation of "gross sales'- or for
which a percentage rental has been paid under this lease to
CITY.
(1) Credits and refunds made to customers for
merchandise returned or exchanged; and
(2) Any sales or excise taxes otherwise includable in
"gross sales" as defined in this article because a part of
the total selling price of merchandise or services rendered
in, from, or on said premises where TENANT must account for
and remit the taxes to the government entity or entities by
which they are imposed.
D. TENANT shall keep or cause to be kept full,
complete, and accurate records, and books of account in
accordance with accepted accounting practices showing the
total amount of gross sales, as defined herein, made each
calendar month in, on or from said premises. TENANT shall
keep said records and books of account within San Luis
Obispo County and shall notify CITY in advance of their
location at all times. Furthermore, TENANT shall at the
time of sale and in the presence of the customer cause the
full selling price of each piece of merchandise, each rental
received and each service rendered in, on or from said
premises to be recorded in a cash register or cash registers
that have cumulative totals and are sealed in accordance
with standard commercial practices. Said records, books of
account and cash register tapes, including any sales tax
reports that TENANT may be required to furnish any
government or governmental agency shall at all reasonable
0 5
times be open to the inspection of CITY, CITY'S auditor, or
other authorized representative or agent of CITY.
TENANT consents to the release of sales tax information
to CITY and on demand will furnish to CITY a copy of the
sales tax reports, quarterly reports and any audit reports
of sales for confidential internal use of the CITY in
determining gross sales for TENANT. TENANT consents and
authorizes CITY to request such information directly from
the State Board of Equalization or other state agency with
which sales tax information is filed.
E. By July 31, of each year TENANT shall furnish CITY
with a statement, to be certified by TENANT as current, true
and accurate, which shall set forth the gross sales (as
defined herein) of each department, sub -lessee, licensee and
concession operating in, on or from said premises for the
previous twelve (12) calendar months, ending June 30, just
concluded, and the authorized deductions, if any, therefrom;
and with it TENANT shall pay to CITY the amount of the
additional rental which is due to CITY as shown thereby. If
TENANT shall at any time cause an audit of sales of TENANT'S
business to be made by a public accountant, TENANT shall
furnish CITY with a copy of said audit without cost or
expense to CITY. CITY may, once in any calendar year, cause
an audit of the business of TENANT to be made by a public
accountant of CITY'S own selection. TENANT shall, upon
receiving written notice of CITY'S desires for such an audit
deliver and make available all such books, records and cash
register tapes to the public or certified public accountant
selected by CITY. Furthermore, TENANT shall promptly on
demand reimburse CITY for the full cost and expense of said
audit, should the audit disclose that the questioned
Statement or statements understated gross sales by five
percent (5%) or more but less than ten percent (10%).
TENANT shall also immediately pay the additional rental with
interest, therein shown to be payable by TENANT to CITY.
Otherwise the cost of such audit shall be paid by CITY. In
the event that an audit or other review of records discloses
that the amounts reported as gross sales was understated by
TENANT by ten percent (10%) or more, CITY shall not only be
entitled to recovery from TENANT all costs of audit and
review but shall also be entitled to recovery from TENANT a
penalty equal to two times the percentage of gross sales
rent due pursuant to this lease on such unreported amounts.
F. CITY shall be entitled at any time within five
years after the receipt of any such additional rental
payment, to question the sufficiency of the amount thereof
and/or the accuracy of the statement or statements furnished
by TENANT to justify the same. For the purpose of enabling
6
CITY to check the accuracy of any ,such statement or
statements, TENANT shall for said period of five (5) years
after submission to CITY of any such statement keep all of
TENANT'S records, including sales tax returns, all cash
register tapes and other data which in any way bear upon or
are required to establish in detail TENANT'S gross sales of
merchandise and services and any authorized deductions
therefrom as shown by any such statements and shall upon
request make the same available to CITY for examination.
Section 2.04 Security Deoosit
TENANT shall deposit with CITY, and at all times
hereafter maintain, a security deposit in the initial amount
of twenty-five (25) percent of the minimum annual rent, and
concurrently with adjustment of minimum annual rent, adjust
said deposit each year to twenty-five (25) percent of the
then current minimum annual rent.
The security deposit shall be paid in cash and shall
guarantee TENANT'S full and faithful performance of all the
terms, covenants, and conditions of this lease. If at any
time during the term of this lease, any rent, insurance
policy, or any other sum payable to CITY shall be overdue
and unpaid, CITY may, at CITY'S option, apply any portion of
this security deposit to the payment of any overdue rent,
insurance policy, or any other sums due and payable to CITY
under this lease. Should the entire security deposit or any
portion thereof, be appropriated and applied by CITY for the
payment of overdue rent, insurance policy, or any such other
sum due and payable to CITY by TENANT, then TENANT shall
within thirty (30) days after written demand by CITY restore
said security deposit to the required amount.
At the end of each fiscal year of the CITY, the CITY'S
Finance Director shall determine the amount of interest
which would have been earned that year had such security
deposit been deposited with Mid State Bank in Morro Bay in a
regular passbook account and shall credit to TENANT that
amount towards TENANT'S payments then due to CITY.
The security deposit shall be returned to TENANT at the
end of the lease term, or upon earlier termination of this
lease, provided TENANT is not then in default and has
performed its obligations required by this lease. CITY
shall have the right to commingle said security deposit with
other funds of the CITY.
Section 2.05 Penalty and Interest
A. If any rent is not received within ten days
following the date on which the rent first became due,
TENANT shall pay a late penalty of ten percent (10%) of the
amount of the rent in addition to the rent.
• 0
•
B. In addition to the penalty, TENANT shall pay
interest at the rate of one percent (la) per month or
fraction thereof or the maximum amount permitted by law as
of the date this lease is signed, whichever is greater, on
the amount of the rent, exclusive of the penalty, from the
date on which rent first became delinquent until paid. The
term "rent" includes any sums advanced by the CITY and any
unpaid amounts due from TENANT to the CITY.
Article 3 USE OF PREMISES
Section 3.01 Permitted Use
Said premises shall, during the term of this lease, be
used for the purpose of operating and conducting thereon and
therein the following:
tourist -commercial, fishing dock use including service
and support to Licensed commercial fishing and non-
commercial recreational fishing and access to water
uses and nature ob ervations- such use to include
mooring and dockage of vessels including sportfishing,
whale watching passsenger, and bait boats; mooring of
bait receivers: maintenance and cleaning of vessels
and off-loadina and ale of fishing supplies and boat
Provisions, including fuel food and tackle; loading
and unloading of passenger and crew: and small boat
and sport -fishing equipment rentals:
and for uses normally incident to and directly allied to
such purpose and for no other purpose.
Section 3.02 UnaUthorized Use
TENANT agrees to allow only those uses authorized in
Section 3.01 herein above and that any unauthorized use
thereof shall constitute a breach of this agreement and
shall, at the option of CITY terminate this lease. In the
event said premises are used for uses other than those
specifically authorized herein, then in addition to all
other remedies allowed by law or authorized elsewhere in
this lease, CITY shall be entitled to receive from TENANT
and TENANT shall be required to pay to CITY an additional
rent calculated as a percentage of the "gross sales" as
defined herein, accountable to such unauthorized use, which
is equal to twice what such percentage would have been had
such use been authorized in advance. Said additional rent
shall be retroactive to the commencement of such
unauthorized use and shall continue until the unauthorized
use is abated. The parties agree and understand that the
collection and acceptance by CITY of this additional rental,
shall not, in any way be deemed a waiver nor estoppel of
CITY'S right to require abatement of the unauthorized use or
at CITY'S option to pursue any other remedies available at
law or equity.
8
In the event the parties cannot agree on whether a use
is authorized by this lease, the parties shall appoint a
three member committee whose determination of that issue
shall be final. Each party shall appoint one member and
those two members shall appoint the third.
Section 3.03 Operation of Business - Hours of Operation
Failure to actively and diligently conduct the business
authorized herein, constitutes a breach of the agreement and
shall, at the option of CITY terminate this lease.
A. TENANT shall during the term of this lease conduct
business of the nature specified in Section 3.01 of this
lease on said premises in an efficient and diligent manner
and keep said premises open for the conduct of business
continuously and without interruption for at least six hours
each day of the year except one day each week and legal
holidays. This provision shall not apply if said premises
shall be closed and the business of TENANT is temporarily
shut down for a period not to exceed 14 calendar days in any
calendar year to make necessary minor or major repairs,
maintenance or other construction deemed necessary by
TENANT. Further this provision shall not apply if said
premises shall be closed and the business of TENANT is
temporarily shut down as authorized or required by the CITY
Administrator or on account of strikes, walkouts, or causes
beyond the control of TENANT or for not over three (3) days
out of respect to the memory of an officer, employee, or
close relative of any officer or employee of TENANT.
B. TENANT shall operate TENANT'S business on said
premises with due diligence and efficiency and in like
manner as comparable businesses in CITY or coastal area are
operated.
Section 3.04 Competition
During the term of this lease, TENANT shall not
directly nor indirectly engage in any similar or competing
business within a radius of five (5) miles from the
location of said premises, provided, however, that TENANT
may, with prior written approval from CITY, own or operate
more than one business, whether or not competing and similar
along the Embarcadero upon CITY lease sites. The purpose of
this section is to prevent and prohibit TENANT from reducing
revenue to CITY by diverting business from his lease site
operation to another similar business owned by TENANT within
the CITY but not upon a CITY lease site from which CITY is
paid rent based on gross sales.
Section 3.05 Tidelands Trust
TENANT shall use and occupy said premises in complete
compliance with the Tidelands Trust purposes under which
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said premises or any portion thereof, are held by CITY
pursuant to the grants from the State of California as set
forth hereinabove.
Section 3.06 Comoliance wi h Law
TENANT shall, at his sole cost and expense, comply with
all of the requirements of all local, municipal, county,
state and federal authorities now in force, or which may
hereafter be in force, pertaining to the said premises, and
shall faithfully observe in the use of the premises all
local, municipal and county ordinances and state and federal
statutes, rules and regulations now in force or which may
hereafter be in force. The judgment of any court of
competent jurisdiction, or the admission of TENANT in any
action or proceeding against TENANT, whether CITY be a party
thereto or not, that TENANT has violated any such ordinance,
statute, rule or regulation in the use of the premises shall
be conclusive of that fact as between CITY and TENANT.
Section 3.07 Waste or Nuisance
TENANT shall not commit or. permit the commission by
others of any waste on said premises; TENANT shall not
maintain, commit, or permit the maintenance or commission of
any nuisance as defined by law on said premises; and TENANT
shall not use or permit the use of said premises for any
unlawful purpose.
Article 4 CONSTRUCTION, ALTERATION AND REPAIRS
Section 4.01 Construe ton Approval
TENANT shall not make or permit any other person to
make any alterations or structural additions or structural
modifications to said premises or to any structure thereon
or facility appurtenant thereto if the cost thereof shall
exceed five thousand ($5,000) dollars, without the written
consent of CITY first had and obtained as follows;
Prior to the commencement of any phase of future
construction, TENANT shall submit to the Morro Bay Planning
Department for approval and recommendation to the CITY
council, a development and improvement plan for the leased
premises which shall provide for the full and complete
development of the leased premises, showing all facilities,
structures, landscaping or other improvements to be
constructed or installed on each portion of the lease
premises or facilities appurtenant thereto, and shall
include a detailed estimate of the cost of construction, and
installation of such improvements and a detailed schedule
showing the proposed commencement and completion date of
each phase of the development and improvement.
Where required by the Morro Bay Municipal Code,
California Coastal Act, Corps of Engineers or any other
agency having authority over the proposed project,
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Conditional Use Permits, Concept Plans, Precise Plans,
Coastal Development Plans, and any other required plans or
permits shall be applied for and/or approved prior to any
construction, alteration or repairs.
Section 4.02 Construction Bond
Prior to the commencement of any construction the cost
of which is greater than the amount of $10,000, TENANT shall
file with the Morro Bay CITY Clerk a final detailed Civil
Engineer's, Registered Architect's or Licensed and Bonded
General Contractor's estimate of the cost of construction
and installation of improvements on the leased premises.
Said estimate must be submitted to the CITY Engineer for
approval. TENANT shall file with the Morro Bay CITY Clerk a
faithful performance bond, in a form and issued by a
corporate surety company satisfactory to CITY, in an amount
equal to One Hundred percent (100%) of the final detailed
cost estimate, securing the faithful performance of TENANT
or his contractor in the completion of said construction.
TENANT shall also file with the Morro Bay CITY Clerk a
labor and materials bond, in a form and issued by a
corporate surety company satisfactory to CITY, in an amount
equalto fifty percent (50%) of the final detailed cost
estimate, securing the payment of all claims for .the
performance of labor or services on, or the furnishing of
materials for, the performance of said construction.
In lieu of the above referenced bonds, TENANT may post
cash deposits or may make other mutually satisfactory
arrangements to guarantee the completion of construction
projects. In the event the contractor bonds the project he
may name CITY as additional indemnitee to comply with these
requirements.
Section 4.03 Mechanics' Liens
At all times during the term of this lease, TENANT
shall keep said premises and all buildings and improvements
now or hereafter located on said premises free and clear of
all liens and claims of liens for labor, services,
materials, supplies, or equipment performed on or furnished
to said premises. TENANT further agrees to at all times,
save CITY free and harmless and indemnify it against all
claims for labor or materials in connection with any
improvement, repairs, or alterations on the leased premises,
and the cost of defending against such claims, including
reasonable attorney's fees.
Should TENANT fail to pay and discharge or cause said
premises to be released from such liens or claim of liens
within ten (10) days after the filing of such lien or levy,
TENANT shall upon written notification be required to
immediately deposit with CITY a bond conditioned for payment
in full of all claims on which said lien or levy has been
filed. Such bond shall be acknowledged by TENANT as
principal and by a company or corporation, licensed by the
Insurance Commissioner of the State of California to
transact the business of a fidelity and surety insurance
company as surety. The beneficiary of any security
instrument which instrument is on record with CITY, shall
have the right to file such a bond on behalf of TENANT.
Section 4.04 Ownershin of Improvements
The dock and all improvements located on the lease
site, previously constructed on the site by TENANT, reverted
to CITY ownership at termination of that lease between CITY
and TENANT which expired and terminated on December 31,
1990. By this lease CITY hereby leases said improvements to
TENANT per the terms and conditions set forth herein.
Section 4.05 Removal of Property and Improvements
Constructed by TENANT
The parties agree that CITY has the option and right to
require TENANT to remove all structures, installations,
improvements of any kind or other property belonging to or
placed upon the leased premises by TENANT at the termination
of this lease, however occurring, providing CITY gives
notice, in writing, no later than 30 days prior to the
termination of the lease, of its decision to require that
such improvements be removed. If CITY exercises such option
and TENANT fails to remove such installations or
improvements within 60 days after the termination of this
lease, CITY shall have the right to have such installations
or improvements removed at the expense of TENANT. If
neither TENANT nor CITY exercise its option to remove or
require the removal of as the case may be the improvements
and installations, then title to such installations,
structures and improvements shall vest in CITY and TENANT
shall not remove same.
Article 5 HYPOTHECATION OF LEASE
CITY shall not be responsible for notifying any lien or
security interest holder in the property of any default in
the performance of the lease by TENANT unless the lien or
security interest holder shall have previously registered
with and notified CITY of such lien or security interest and
filed with the City Clerk a copy of same.
Article 6 REPAIRS, MAINTENANCE AND RESTORATION
Section 6.01 Maintenance by TENANT
At all times during the term of this lease, TENANT
shall, at TENANT'S own cost and expense, keep and maintain
said premises and all improvements including but not limited
to dock facilities and pilings now or hereafter on said
premises in good order and repair and in a safe and clean
12
condition. Furthermore, TENANT shall, at TENANT'S own cost
and expense, maintain at all times during the term of this
lease the whole of said premises as well as any
improvements, landscaping, or facilities thereon in a clean,
sanitary, neat, tidy, orderly and attractive condition.
CITY may, at the,sole option of CITY, clean and clear
said premises, at TENANT'S cost and expense, in the event
TENANT fails to clean and clear said premises in accordance
with this Section to the satisfaction of CITY after fifteen
(15) days written notice to TENANT from CITY of CITY's
intent to exercise this option.
Section 6.02 Seawalls and Revetment
At all times during the term of this lease, TENANT
shall at TENANT'S own cost and expense repair, maintain,
replace and rebuild as necessary, the improvements, pilings,
bulkheads, seawalls, revetment, piers, posts and any
structures or other improvements located on or in the lease
premises. Further TENANT shall at TENANT'S own cost and
expense conduct maintenance surveys at reasonable intervals
to locate and determine needed repairs.
Section 6.03 Requirements of Governmental Agencies
At all times during the term of this lease, TENANT, at
TENANT'S own cost and expense, shall:
(1) Make all alterations, additions, or repairs to
said premises or the improvements or facilities on said
premises required by any valid law, ordinance, statute,
order, or regulation now or hereafter made or issued by any
federal, state, county, CITY or other governmental agency or
entity;
(2) Observe and comply with all valid laws,
ordinances, statutes, orders, and regulations now or
hereafter made or issued respecting said premises or the
improvements or facilities located thereon;
(3) Obtain all required permits pursuant to the Morro
Bay Municipal Code or State law prior to the instigation of
any repair or maintenance activity,
(4) Indemnify and hold CITY and the property of CITY,
including said premises, free and harmless from any and all
liability, loss, damages, fines, penalties, claims and
actions resulting from TENANT'S failure to comply with and
perform the requirements of this section.
Section 6.04 Failure to Repair
In the event failure to repair results in a hazardous
or unsafe condition, CITY shall have the right and option
but not the obligation to close and prohibit access to the
unsafe portion of the leased premises until such repairs are
completed and accomplished and the premises rendered safe
for public use. Failure by CITY to enforce any of the
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provisions of this Article shall not constitute a waiver of
these provisions and CITY may at any time enforce all of the
provisions of this Article, requiring all necessary repairs,
rebuilding or replacement.
Section 6.05 TENANT'S Duty to Restore Premi
Should, at any time during the term of this lease, any
buildings or improvements now or hereafter on said premises
be destroyed in whole or in part by fire, theft, the
elements, or any other cause not the fault of CITY, this
lease shall continue in full force and effect and TENANT, at
TENANT'S own cost and expense, shall repair and restore the
damaged or destroyed building, buildings, improvement, or
improvements according to the original plan thereof or
according to such modified plans therefore as shall be
approved in writing by CITY. The work of repair and
restoration shall be commenced by TENANT within one hundred
eighty (180) days after the damage or destruction occurs and
shall be completed with due diligence not longer than one
(1) year after the work is commenced. In all other
respects, the work of repair and restoration shall be done
in accordance with the requirements for original
construction work on said premises set forth in Article 4 of
this lease.
Section 6.06 Inspection by CITY
TENANT shall permit CITY or CITY'S agents,
representatives, or employees to enter said premises at all
reasonable times for the purpose of inspecting said premises
to determine whether TENANT is complying with the terms of
this lease and for the purpose of doing other lawful acts
that may be necessary to protect CITY'S interest in said
premises under this lease or to perform CITY'S duties under
this lease.
Section 6.07 Option to Terminate Lease for Destruction
Notwithstanding the provisions of Section 6.05 of this
lease in the event any improvements now or hereafter on said
premises are so damaged or destroyed by fire, theft, the
elements, or any cause not the fault of TENANT or CITY that
they cannot be repaired and restored as required by Section
6.05 of the lease at a cost of less than five thousand
($5,000) dollars, then both CITY or TENANT shall have the
option of terminating this lease on the last calendar day of
any month by giving CITY or TENANT at least thirty (30) days
prior written notice.
Article 7 INDEMNITY AND INSURANCE
Section 7.01 Indemnity Agreement
TENANT shall indemnify and hold CITY and the property
of CITY, including said premises and any buildings or
improvements now or hereafter on said premises, free and
14
harmless from any and all liability, claims, loss, damages,
or expenses resulting from TENANT'S occupation and use of
said premises, specifically including, without limitation,
any liability, claim, loss, damage, or expense arising by
reason of:
(1) The death or injury of any person, including TENANT
or any person who is an employee or agent of TENANT, or by
reason of the damage to or destruction of any property,
including property owned by TENANT or by any person who is
an employee or agent of TENANT, from any cause whatever
while such person or property is in or on said premises or
in any way connected with said premises or with any of the
improvements or personal property on said premises;
(2) The death or injury of any person, including
TENANT or any person who is an employee or agent of TENANT,
or by reason of the damage to or destruction of any
property, including property owned by TENANT or any person
who is an employee or agent of TENANT, caused or allegedly
caused by either (a) the condition of said premises or some
building or improvement on said premises, or (b) some act or
omission on said premises of TENANT or any person in, on, or
about said premises with or without the permission and
consent of TENANT;
(3) Any work performed on said premises or materials
furnished to said premises at the instance or request of
TENANT or any person or entity acting for or on behalf of
TENANT.
(4) TENANT'S failure to perform any provision of this
lease or to comply with any requirement of law or any
requirement imposed on TENANT or said premises by any duly
authorized governmental agency or political subdivision.
Section 7.02 Liability Insurance
TENANT shall at TENANT'S own cost and expense, secure
promptly after the execution of this lease and maintain
during the entire term of this lease a broad form
comprehensive coverage policy or policies of comprehensive
general public liability, TENANT'S business automobile
coverage and property damage insurance, each with the
combined single limit of not less than $1,000,000.00 issued
by an insurance company acceptable to CITY and authorized to
issue liability insurance in California, and which shall
list CITY as the named primary additional insured, without
offset to CITY'S policies as respects all operations of
TENANT. Any deductibles or self -insured retentions must be
declared to and approved by CITY. The terms of said
policies may be for such period as shall be designated by
TENANT; provided however, that within two (2) months prior
to the expiration date of such insurance terms, TENANT shall
• ! 15
procure other policies of said insurance so that between the
execution of this lease and the commencement of the lease
term, and throughout the entire lease term or any renewal
thereof, or until the sooner termination hereof, CITY, its
officials, employees, agents and volunteers shall always be
added as named primary additional insured under the
policies of comprehensive general liability, business
automobile coverage, and property damage insurance, in
accordance with the foregoing.
CITY may at any time require TENANT to increase the
minimum coverage limits for insurance required by this
lease, but every such increase shall be reasonable under the
circumstances and in no event shall such increases more than
double in any ten year period, except as required in Section
7.04.
Section 7.03 Worker's Compensation
TENANT shall maintain at TENANT'S own expense and keep
in full force and effect during the term of this lease,
Worker's Compensation Insurance as provided by law. Said
insurance shall contain a waiver provision of subrogation
rights against CITY.
Section 7.04 Fire and Casualty Insurance
Those currently existing improvements leased to TENANT
under this lease shall be insured against loss by fire and
casualty by CITY. TENANT shall, at TENANT'S own cost and
expense, at all times during the term of this lease keep
TENANT's bait receiver and any improvements constructed by
TENANT during the term of this lease, as well as any and
all additions thereto, insured for ninety (90) percent of
their full insurable value by insurance companies authorized
to issue such insurance in California against loss or
destruction by fire and the perils commonly covered under
the standard and special form endorsement to fire insurance
Policies in the CITY of Morro Bay.'
Section 7.05 Deposit of Insurance with CITY
TENANT shall within ten (10) days after the execution
of this lease and promptly thereafter when any such policy
is replaced, rewritten, or renewed deliver to CITY a true
and correct copy of an insurance binder and within 45 days
deliver to CITY a true and correct copy of each insurance
policy required by this Article of this lease and an
endorsement to the policy and a certificate executed by the
insurance company or companies or their authorized agent
evidencing such policy or policies.
Section 7.06 Hotic-e--QfjZancellation of In ance
Each insurance policy required by this Article of this
lease shall contain a provision that it cannot be canceled
for any reason nor can the coverage or limits be reduced
16
unless ten (10) days prior written notice of the
cancellation or reduction is given to CITY in the manner
required by this lease for service of notices on CITY by
TENANT.
Section 7.07 No Subrogation
Each insurance policy required under this lease
including those insuring TENANT against claims, expense, or
liability for injury to persons or property shall provide
that the insurer shall not acquire by subrogation any right
to recovery which TENANT has expressly waived in writing
prior to the occurrence of the loss. TENANT hereby waives
any right of recovery against CITY for each such claim,
expense, liability, or business interruption. TENANT agrees
that if TENANT fails to acquire such insurance TENANT shall
not have a claim against CITY for loss of fixtures or
inventory or business interruption.
Article 8 TAXES AND UTILITIES
Section 8.01 TENANT to Pay Taxes
TENANT shall pay, before delinquency, all taxes and
assessments levied upon or assessed to TENANT on the lease
premises by reason of said lease or of any equipment,
appliances, improvement, or other development of any nature
whatsoever, erected, installed, or maintained by TENANT or
by reason of the business or other activity of TENANT upon
or in connection with said premises. TENANT shall pay all
possessary interest taxes applicable to the lease premises.
Section 8.02 TENANT to Pay License and Permit Fees
TENANT shall pay any fees imposed by law for licenses
or permits for any business or activities including
construction of TENANT upon the leased premises.
Section 8.03 Utilities
TENANT shall pay, or cause to be paid, and hold CITY
and the property of CITY including said premises free and
harmless from all charges for the furnishing of gas, water,
electricity, telephone service, and for other public
utilities to said premises during the term of this lease and
for the removal of garbage and rubbish from said premises
during the term of this lease.
Article 9 CONDEMNATION
Section 9.01 Total Condemnatign
If title and possession to all of the premises is taken
for any public or quasi -public use under any statute, or by
the right of eminent domain, then this lease shall terminate
on the date that possession of the premises is taken, and
both CITY and TENANT shall thereafter be released from all
obligations including rent which shall be prorated to the
date of termination, except those specified in Section 9.02
of this lease.
•
• • 17
Section 9.02 Corjdemnation Award
Any compensation or damages awarded or payable because
of the taking of all or any portion of said premises by
eminent domain shall be allocated between CITY and TENANT as
follows:
(1) All compensation or damages awarded or payable for
the taking by eminent domain of any land that is part of the
said premises shall be paid to and be the sole property of
CITY free and clear of any claim of TENANT or any person
claiming rights to said premises through or under TENANT.
(2) All compensation or damages awarded or payable
which is specifically attributed by the taking party to the
"good will" of TENANT'S business shall be paid to and be the
sole property of TENANT.
(3) All compensation or damages awarded or payable
because of any improvements constructed or located on the
portion of said premises taken by eminent domain where only
a portion of said premises is taken by eminent domain and
TENANT is not entitled to or does not terminate this lease
shall be applied in the manner specified in section 9.04
toward the replacement of such improvements with equivalent
new improvements on the remaining portions of said premises.
(4) All compensation or damages awarded or payable
because of any improvements constructed or located on the
portion of said premises taken by eminent domain where this
lease is terminated because of the taking by eminent domain,
whether all or only a portion of said premises is taken by
eminent domain, shall be the sole property of CITY free and
clear of any claim by TENANT.
Section 9.03 Termination for Partial Taking
Should, during the term of this lease, title and
possession of only a portion of said premises be taken for
any public or quasi -public use under any statute, or by
right of eminent domain, TENANT may, at TENANT'S option,
terminate this lease by serving written notice of
termination on CITY within ninety (90) days after TENANT has
been deprived of actual physical possession of the portion
of said premises taken for such public use. This lease
shall terminate on the first day of the calendar month
following the calendar month in which the notice of
termination described in this section is served on CITY. On
termination of this lease pursuant to this Article, all sub-
leases and sub -tenancies in or on said premises or any
portion of said premises created by TENANT under this lease
shall also terminate and said premises shall be delivered to
CITY free and clear of all such sub -leases and sub -
tenancies, provided, however, that CITY may, at CITY'S
option, by mailing written notice to a sub -tenant allow any
18
sub -tenant to attorn to CITY and continue his or her
occupancy on said premises as a TENANT of CITY. On
termination of this lease pursuant to this section, however,
both CITY and TENANT shall be released from all obligations,
except those specified in Section 9.02 of this lease, under
this lease.
Section 9.04 Rent Abatement for Partial Taking
Should, during the term of this lease, title and
possession of only a portion of said premises be taken under
the power of eminent domain by any public or quasi -public
agency or entity and TENANT does not terminate this lease,
then this lease shall terminate as to the portion of said
premises taken under eminent domain on the date actual
physical possession of the portion taken by eminent domain
is taken by the agency or entity exercising the eminent
domain power. Furthermore, the rent payable under this
lease shall, as of that time, be reduced in the same
proportion that the value of the portion of said premises
taken by eminent domain bears to the full value of said
premises at that time; provided, however, that TENANT shall
replace any improvements or facilities with equivalent new
facilities on the remaining portion of said premises and do
all other acts at TENANT'S own cost and expense required by
the eminent domain taking to make the remaining portion of
said premises fit for the use specified in this lease.
Section 9.05 Conveyance in Iieu of Eminent Domain
A voluntary conveyance by CITY, with the consent of
TENANT, of title to all or a portion of said premises to a
public or quasi-publicagencyor entity in lieu of and under
threat by such agency or entity to take the same by eminent
domain proceedings shall be considered a taking of title to
all or such portion of said premises under the power of
eminent domain subject to the provisions of this Article.
Article 10 ASSIGNMENT AND SUBLEASING
Section 10.01 No Assignment Without CITY'S Consent
Except as provided in Section 10.02 of this lease,
TENANT shall not assign or otherwise transfer this lease,
any right or interest in this lease, or any right or
interest in said premises or any of the improvements that
may now or hereafter be constructed or installed on said
premises without the express written consent of CITY
evidenced by resolution first had and obtained. Any
assignment or transfer by TENANT without the prior written
consent of CITY, whether it be voluntary or involuntary, by
operation of law or otherwise, is void and shall, at the
option of CITY, terminate this lease. A consent by CITY to
one assignment shall not be deemed to be a consent to any
subsequent assignment of this lease by TENANT. CITY shall
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not unreasonably nor arbitrarily withhold it's approval to
the assignment or transfer of this lease to an assignee who
is financially reliable and qualified to conduct the
business for which this lease was granted.
It is mutually agreed that the personal qualifications
of the person named herein as TENANT is a part of the
consideration for granting of this lease and said party does
hereby agree to maintain active control and supervision of
the operation conducted on said premises.
Section 10.02 Transfer of Stock as Assianment
Should TENANT be a corporation, an unincorporated
association, or a partnership, or should TENANT'S interest
in this lease be assigned to a corporation, an
unincorporated association, or a partnership, pursuant to
Section 10.01 of this lease, any transfer or assignment of
any stock or interest in the corporation totaling in the
aggregate more than forty (40) percent of all such stock or
interest in the corporation shall be considered an
assignment of this lease requiring the prior written consent
to CITY; provided, however, that a transfer from TENANT to a
corporation of which TENANT owns 100% of the shares and any
transfer of shares to a shareholder's spouse, children, or
grandchildren caused by the shareholder's death shall be
excepted from this provision.
Section 10.03 Annlication for Assianment
A condition of an assignment shall be TENANT shall file
with the CITY an application to assign the leasehold
prepared by the prospective assignee. Concurrently with
filing the application, TENANT shall pay a fee in cash or
certified or cashier's check to enable CITY adequately to
investigate the proposed assignee's qualifications as a
permitted assignee. CITY shall not be required to account
for the use of the sum paid. If the proposed assignee's net
worth on the date of assignment is not sufficient to
reasonably guarantee successful operation of the leased
premises, CITY may require TENANT to guarantee such
assignee's obligations hereunder for such period as CITY
deems advisable. Net worth shall mean the amount by which
the total of all assets shall exceed the total of all
liabilities as determined in accordance with general
accepted accounting principles as approved by CITY'S
auditor, or other authorized representative or agent.
Section 10.04 Probate `Transfer or Assignment
Nothing herein contained will prevent the transfer of
this lease by will, or by operation of law under the
intestacy provisions of the California Code as it may from
time to time be amended. Probate sale of the leasehold
20
interest will not be permitted without the consent of the
CITY, evidenced by resolution, first had and obtained.
Section 10.05 No Sublease Without CITY'S Consent
TENANT shall not sub -lease the whole nor any part of
the lease premises, or suffer any other person (the agents
and employees of TENANT excepted) to occupy or use the
leased premises, or any portion thereof, without the written
consent of CITY evidenced by resolution first had and
obtained. A consent to one subletting, occupation, or use
by another person shall not be deemed to be a consent to any
subsequent subletting, occupation, or use by another person.
Any such subletting without CITY'S written consent shall be
void, and shall at CITY'S option, terminate this lease.
City shall not unreasonably nor arbitrarily withhold its
consent to one who is qualified and financially reliable.
Section 10.06 Term of_Sub-lease
In no event shall the term of any sub -lease extend
beyond the term of this master lease. Termination of this
lease prior to the expiration of this lease term shall also
terminate any and all sub -leases, provided, however, that
CITY may, at CITY's option by mailing written notice to a
sub -tenant, allow any sub -tenant to attorn to CITY and
continue his or her occupancy on said premises as a TENANT
of CITY.
Section 10.07 Sub -Tenant Subject to Iease Terms
Any and all sub -leases shall be expressly made subject
to all the terms, covenants, and conditions of this lease.
A breach of the terms of this lease by a sub -tenant or sub-
lessee shall constitute a breach on the part of TENANT and
shall subject both the sub -tenant and TENANT to all the
remedies provided to CITY herein and by law. Failure to
report and pay the agreed percentage of gross sales as
provided herein by any sub -tenant shall constitute a breach
of this lease. TENANT hereby agrees to and does guarantee
payment of such percentage rentals due by a sub -tenant under
the terms of this lease.
Section 10.08 Consent Form Agreement
Prior to any consent by CITY to any sub -lease hereof,
TENANT shall cause to be executed between TENANT and any
sub -lessee an agreement making the CITY of Morro Bay a third
party beneficiary, in a form acceptable to CITY, whereby the
sub -lessee agrees to be bound by all of the terms, covenants
and conditions of this lease. Further, it is agreed by
TENANT that any default by the sub -lessee of any of the
terms, covenants and conditions of the master lease shall be
deemed to be violations by TENANT of the master lease and
that all remedies of CITY for such violation, including
termination of the master lease, shall immediately be
• • 21
enforceable by CITY against TENANT. Further, it is agreed
that TENANT must apply any and all monies received from any
sub -tenant first to the payment of obligations of the sub -
TENANT to CITY.
Section 10.09 TENANT Remains Liable
Prior to approval by CITY to any sub -lease hereof,
TENANT shall agree to be primarily and jointly and severally
liable to CITY for all obligations due CITY by any sub-
lessee, including the payment of rents, and TENANT shall
agree that CITY may proceed directly against TENANT for any
obligation owing CITY by the sub -lessee.
Section 10.10 Exception for BQstslins, Motels
Notwithstanding any provisions herein to the contrary,
the terms "assignment," "subletting," "occupation," or
shall not be construed or interpreted to mean or
include the temporary, short term renting or leasing of boat
slips, motel, hotel, or apartment accommodations on the
premises.
Article 11 DEFAULT AND TERMINATION
Section 11.01 Abandonment by TENANT
Should TENANT breach this lease and abandon said
premises prior to the natural expiration of the term of this
lease, CITY may continue this lease in effect by not
terminating TENANT'S right to possession of said premises,
in which event CITY shall be entitled to enforce all CITY'S
rights and remedies under this lease including the right to
recover the rent specified in this lease as it becomes due
under this lease.
Section 11.02 Termination for Breach by TENANT
All covenants and agreements contained in this lease
are declared to be conditions to this lease and to the term
hereby demise to TENANT. Should TENANT default in the
performance of any covenant, condition, or agreement
contained in this lease and the default not be cured within
thirty (30) days after written notice of the default is
served on TENANT by CITY, then CITY may terminate this lease
immediately, and that in the event of such termination,
TENANT shall have no further rights hereunder and TENANT
shall thereupon forthwith remove from said premises and
shall have no further right or claim thereto and CITY shall
immediately thereupon have the right to re-enter and take
Possession of the leased premises subject to appropriate
legal process.
Section 11.03 Termi ation for Failure to Pay Rent
If any default be made in the payment of rental as
herein provided and such default shall not be cured within
three (3) days after written notice thereof, CITY shall have
the option to immediately terminate this lease; and that in
22
the event of such termination, TENANT shall have no further
right or claim thereto and CITY shall immediately thereupon
have the right to re-enter and take possession of the leased
premises subject to appropriate legal process.
Section 11.04 Beneficiary Nav Cure Default
CITY shall afford the beneficiary in any security
instrument of record with CITY on the said premises the
right to cure any default by TENANT of the covenants,
conditions, or agreements hereof, within the period
hereinabove mentioned after written notice thereof, which
said period shall be computed from the date said notice is
mailed by the CITY to said beneficiary, by registered mail.
Section 11.05 Attorney Fees for Breach not Resul ino in
Court Action
In the event the CITY finds it necessary to retain an
attorney in connection with the default by the TENANT or
enforcement of any of the terms, conditions, and covenants
of this lease, even though not resulting in an action in
court, TENANT shall pay reasonable attorney's fees as
reimbursement to CITY. Non-payment of attorneys' fees by
TENANT within (3) days of written notice shall give rise to
an independent legal action by CITY to collect same. If
CITY is successful in such legal action CITY shall also be
entitled to attorney fees and costs for the collection
action.
Section 11.06 Damages for Breach
Should TENANT default in the performance of any
covenant, condition or agreement contained in this lease and
the default be incurable or not be cured within the time
period set forth hereinabove, then CITY may terminate this
lease and:
(1) Bring an action to recover from TENANT:
(a) The worth at the time of award of the unpaid rent
which had been earned at the time of termination of the
lease;
(b) The worth at the time of award of the amount by
which the unpaid rent which would have been earned after
termination of the lease until the time of award exceeds the
amount of rental loss that TENANT proves could have been
reasonably avoided;
(c) The worth at the time of award of the amount by
which the unpaid rent for the balance of the term after the
time of award exceeds the amount of rental loss that TENANT
proves could be reasonably avoided; and
(d) Any other amount necessary to compensate CITY for
all detriment proximately caused by TENANT'S failure to
perform.his obligations under this lease; and
• 0
• • 23
(2) Bring an action, in addition to or in lieu of the
action described in subparagraph (1) of this section, to re-
enter and regain possession of said premises in the manner
provided by the laws of unlawful detainer of the State of
California then in effect.
Section 11.07 Cumulative Remedies
The remedies given to CITY in the Article shall not be
exclusive but shall be cumulative with and in addition to
all remedies now or hereafter allowed by law and elsewhere
provided in this lease.
Section 11.08 Waiver of Breach_
The waiver by CITY of any breach by TENANT of any of
the provisions of this lease shall not constitute a
continuing waiver or a waiver of any subsequent breach by
TENANT either of the same or a different provision of this
lease.
Section 11.09 Surrender of Premises
On expiration or sooner termination of this lease,
TENANT shall surrender said premises, all improvements in or
on said premises, and all facilities in any way appertaining
to said premises, to CITY in as good, safe, and clean
condition as practicable, reasonable wear and tear excepted.
Article 12 MISCELLANEOUS
Section 12.01 Attorney's Fees
Should any litigation be commenced between the parties
to this lease concerning said premises, this lease, or the
rights and duties of either in relation thereto, the party,
CITY or TENANT, prevailing in such litigation shall be
entitled, in addition to such other relief as may be granted
in the litigation, to a reasonable sum as and for his
attorneys fees in such litigation which shall be determined
by the court in such litigation or in a separate action
brought for that purpose.
Section 12.02 Notices
Any and all notice or demands by or from CITY to
TENANT, or TENANT to CITY, shall be in writing. They shall
be served either personally, or by registered or certified
mall. Any notice or demand to CITY may be given to the CITY
Clerk of the CITY of Morro Bay, City Hall, Morro Bay,
California. Any notice or demand to TENANT may be given at:
Viru's Fish'n
1215 Embarcadero
Morro Bay CA 93442
Such addresses may be changed by written notice by
either party to the other party.
Section 12.03 Governing Law
This lease, and all matters relating to this lease,
shall be governed by the laws of the State of California in
24
force at the time any need for interpretation of this lease
or any decision or holding concerning this lease arises.
Section 12.04 Binding on Heirs and Successors
Subject to the provisions herein relating to assignment
and subletting each and all of the terms, conditions, and
agreements herein contained shall be binding upon and inure
to the benefit of the heirs, executors, administrators,
successors, and permitted assigns of any and all of the
parties hereto; and all of the parties hereto shall be
jointly and severally liable hereunder.
Section 12.05 Partial Invalidity
Should any provision of this lease be held by a court
of competent jurisdiction to be either invalid, void, or
unenforceable, the remaining provisions of this lease shall
remain in full force and effect unimpaired by the holding.
Section 12.06 Sole and Only Agreement
This instrument constitutes the sole and only agreement
between CITY and TENANT respecting said premises, the
leasing of said premises to TENANT, or the lease terms
herein specified and correctly sets forth the obligation of
CITY and TENANT to each other as of its date. Any
agreements or representations respecting said premises,
their leasing to TENANT by CITY, or any other matter
discussed in this lease not expressly set forth in this
instrument are null and void. No modification, amendment,
or alteration of this lease shall be valid unless it is in
writing and signed by both parties.
Section 12.07 Modification
This agreement shall not be modified except pursuant to
a written agreement executed by the MAYOR and CITY CLERK
pursuant to prior CITY Council approval. Notwithstanding
CITY council approval, no agreement shall become effective
until such agreement is in fact executed by the MAYOR and
CITY CLERK. TENANT understands that this agreement may not
be modified by oral statements by any person representing
the CITY including the MAYOR and CITY CLERK. TENANT
specifically agrees not to rely on oral statements,
purported oral waivers, or purposed oral modifications and
agrees not to rely upon purported written modifications
unless they meet the requirements of this paragraph and are
approved in writing pursuant to formal City Council action
and a subsequent written modification signed by the MAYOR
and CITY CLERK.
Section. 12.08 Time of Essence
Time is expressly declared to be the essence of this
lease.
• 25
Section 12.09 Memorandum of Lease for Recordina
Neither party, CITY or TENANT, shall record this lease
without the written consent of the other. However, CITY and
TENANT shall., at the request of either at any time during
the term of this lease, execute a memorandum or "short form"
of this lease for purposes of, and in a form suitable for,
being recorded. The memorandum or "short form" of this
lease shall describe the parties, CITY and TENANT, set forth
a description of the leased premises, specify the term of
this lease, and shall incorporate this lease by reference.
Section 12.10 Termination for Nuclear Disactgr
This lease may be terminated by TENANT by ten day
written notice in the event of a nuclear explosion or leak
of substantial nature of the Diablo Nuclear Power Plant or
the declaration of war by the United States of America.
Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE
Section 13.01 Percentage Rental Payments
CITY and TENANT agree that, for the purposes of
determining percentage rental payment (see Section 2.02):
(1) gross sales attributable to passenger vessels on the
site where neither the ticket is sold on the site nor the
passenger is boarded at the site will not be included in
gross sales computations; (2) gross sales attributable to
passenger vessels which board at the site on a regular and
scheduled basis will be included in gross sales
computations. Nothing herein shall be construed to impose
liability for percentage rent on gross sales of tickets
which are purchases off -site by passengers on vessels which
on an occasional, non-scheduled basis board or disembark
passengers on the site to accommodate safety considerations
and concerns, including those caused by unusual weather,
tide, or harbor conditions.
Section 13.02 Amendment to Section 2 04 Security Deposit
In recognition of their long term meeting of financial
obligations with the CITY, no Security Deposit is required
from these tenants. Upon transfer or assignment of interest
in this Lease Site from Sharon Moore or Darby J. Neil to any
other party or parties, this waiver or Security Deposit
detailed within Section 2.04 of this lease agreement shall
immediately become due and payable.
Section 13.03 Iiqurs of Operation
Pending agreement of the parties concerning the concept
and extent of future on -site improvements, including in -site
sales facilities, and their approval, construction, and
completion of such supplementary improvements, TENANT shall
not be required to have premises open and staffed
continuously, notwithstanding Section 3.03 A nor shall
Section 3.03 be construed to place minimum hour or day
26
requirements on either TENANT's staffing of the site or on
TENANT's maintenance of any on -site sales office.
EXECUTED on JQLy 30 , 19 91 , at _MWZ(2L�6Az�
,1A.11,...u1S OtinpO County, California.
CITY MORRO BAY TENANT
o fC_
OSE MARIE SHEET AYOR SHARON MOOR:, PRESIDENT
VIRG'S FISH'N
ATTEST: n
CITY CLERK DARBY J. IWIL VICE. PRES.
VIRG'S FISH'N
Approved as to Form
CI Y ATT N
EXHIBIT B
FOR CITY LAND AND WATFR LEASES
%GROSS SALES
FOOD SERVICE:
Restaurant, Dining Room
3
Snack Bar, Delicatessen,
5
Fast Food, Convenience Food
5
Bar/Lounge
10
RETAIL SALES & SERVICE:
Tenant
5
Sub -Lessee
5
FIST! & SEAFOOD:
Retail Sales
5
Wholesale Sales
0.5
MOORINGS, TIES & SLIPS:
Pier/Fixed Piles
10
Pier/Floating
10
BOAT & MARINE REPAIR:
5
FUEL:
Gasoline
$0.02/gal.
Diesel
$0.015/gal.
ART OBJECTS & PAINTINGS:
10
MOTEL, OTHER RESIDENTIAL
OR VISITOR ACCOMODATION
FACILITIES:
10
CONSTRUCTION-OFFSITE:
0.2
OTHER
10
SPORTFISHING:
5
Percentage Rental is to be based on the gross
amount received from any and all sources of
income derived from the lease site.
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RESOLUTION 81-91
RESOLUTION OF THE CITY COUNCIL ❑F THE CITY OF MORRO BAY
CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED
ABAIEMENT PROCEDURE AND MAKING ASSESSMENTS
T H E C I T Y C O U N C I L
City of Morr❑ Bay, California
WHEREAS, the City of Morro Bay Ordinance Title B, Chapter
8.12 requires the abatement of weeds and other nuisances ❑n a
yearly basis; and
WHEREAS, weeds and other nuisances have been abated as per
Title 8, Chapter 8.12 of the Morro Bay Municipal Code For the
year 1991;
NOW, THEREFORE, BE IT RESOLVED bg the City Council ❑f the
City ❑f Morr❑ Bay as follows:
1. That no objections to said report and assessment have
been made;
2. That the written report now being submitted to the City
Council by City Staff setting Forth an itemized report
❑f the cost ❑f abatement in front ❑f ❑r ❑n each
separate parcel ❑f land where work was done bg the
Contractor is hereby approved as submitted;
3. Said report shall he filed in the ❑ffice of the City
Clerk and said City Clerk shall file a certified copy
of said report with the San Luis Obisp❑ County Auditor
on ❑r before August 10th of this year; and
4. The County Auditor shall thereupon enter each
assessment on the County Tax Roll ❑pposite the parcel
of land, and shall thereupon proceed to collect such
assessments in accordance with the provisions ❑f
Government Code Sections 39581 through 39588 inclusive.
RESOLUTION NO. B1-91
PAGE TWO
PASSED AND ADOPTED by the City Council of
Bay at a regular meeting thereof held the 22nd
by the following roll call vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST:
_ ......
ARDITH DAUIS ...
City Clerk
the City ❑f Morro
day ❑f July, 1991,
•
•
•
CITY
OF MORR❑ BAY
1991 WEED
ABATEMENT
CHARGES
$17,00/hr
$15/hr
$14/cu.gd.
Total Cost
Assessor's
Tractor
Hand
Cleared-
Total
plus 30%
parcel
time
time
disposed
cost
Admin. fee
number
(hrs,)
(hrs.)
Ccu,yds)
(S)
($)
06S-031-034
.50
1.66
2.00
61.S0
79.96
065-032-038
.50
1.66
2.00
61.SO
79.96
065-034-039
.50
1.00
1.50
44.SO
S7.86
065-034-040
SO
1.00
1.50
44.50
S7.86
06S-035-018
0
1,33
25
23.SO
30.SS
065-046-020
0
,SO
.2S
11.00
14.30
06S-O46-033
.66
1.66
3.00
78.33
101.82
065-051-034
SO
1.00
1.50
44.50
S7.86
06S-OS7-018
1.25
3.25
4.00
126.00
163.80
OBS-OSB-012
.75
3.00
6.00
141.75
184.28
06S-07S-010
1.2S
4.50
4.00
144,75
188.18
065-075-011
1.00
4,SO
S.00
154.50
200.86
065-081-019
0
4.50
3.00
10s,50
142.36
065-113-066
.50
2.00
3.00
80.50
1o4.66
OES-182-OOS
2.25
5.00
S.00
183.25
238.24
065-182-006
2.25
5.00
6.50
204.25
265.S2
065-182-009
1.75
.7S
2.00
69.00
B9,7o
065-182-ClO
1.75
1.00
3.SO
93.75
121.88
066-023-003
0
.50
.SO
14.50
18.86
066-023-004
0
SO
.50
14.50
1B.86
066-023-006
0
.2S
0
3.7S
4.BB
066-023-007
0
SO
.2S
11.00
14.30
066-023-010
0
SO
.2S
11.00
14.30
066-023-011
0
.50
SO
14.50
18.86
066-023-014
0
.50
SO
14.50
18.86
066-023-015
0
S0
SO
14.SO
18.86
066-023-018
0
,SO
1.00
21.SO
27.96
066-023-026
0
.50
SO
14.50
18.86
066-024-014
75
3.00
S.00
127.7S
166.OB
066-024-017
0
3.13
1.50
67.88
88.24
066-034-004
150
.7S
SO
26.7S
34.7E
066-044-011
1150
4.00
13.50
274.50
3SG,86
066-085-019
1.00
4.00
5.00
147.00
191.10
066-093-013
0
2.00
2.00
56.00
7S.40
066-114-004
1.00
4.00
5.00
147,00
191.10
066-131-005
0
.66
1.S0
31.00
40.30
066-132-005
0
1.00
1.00
29.00
37.70
066-132-010
.33
1.00
2.00
48.66
63.26
066-134-001
.33
1.00
1.00
34.66
4S.06
066-141-002
.33
1.00
2.00
48,66
63.26
OGG-161-009
0
3.33
3100
92.00
119.60
086-16S-015
.75
3.00
6.S0
148.75
193.3B
066-187-011
.75
3.00
3.00
99.7S
129.68
066-205-004
0
1.2S
SO
2S.7S
33.48
066-222-041
1.00
2.00
3.00
99.00
11S.70
OBS-222-DEB
1.00
2.00
5.00
117.00
1S2.10
066-252-004
SO
2.00
3.SO
97.SO
113.74
066-254-010
1.00
4.00
S.00
147.00
191.10
066-262-018
0
2.00
.50
37.00
48.10
066-263-003
.2S
1.00
2.50
54.25
70.52
CITY OF MORRO BAY
1991 WEE❑ ABATEMENT CHARGES
$17.00/hr
$1S/hr
$1'f/cu.gd.
Total Cost
Assessor's
Tractor
Hand
Cleared-
Total
plus 30:
parcel
time
time
disposed
cost
Admin. fee
number
(hrs.)
thrs.)
(cu.gds)
C$)
($)
066-265-015
0
2.00
SO
37.00
48.10
066--265-025
,7S
2.33
'1.50
110.75
143.98
066-301-0`11
.7S
3.00
5.00
127.75
166.08
066-312-005
0
1.50
2.50
57.50
7'f,74
066-312-011
0
SO
1.S0
28.SO
37.06
066-312-016
0
1`1.00
11.00
364.00
`173.20
066-15'f-001
1.00
5.00
6.00
176.00
228.80
068-15`1-006
1.00
5.00
6.00
176.00
22B.B0
068-1S'f-012
1100
5.00
6.00
176.00
22B.80
068-192-005
0
SO
.2S
11.00
14.30
068-192-009
1.17
4.66
6.50
180.83
235.0E
066-21'1-015
.50
2.00
'f.00
9'f.SO
122.86
068-224-002
.75
3.00
6.00
141.7S
18'f.28
OBB-225-009
.2S
2.00
2.00
62.25
80,92
068-231-016
2.SO
1.50
`1.50
128.00
166.`10
068-2S1-013
.75
2.25
'f.50
103.50
1'f2.36
06B-2S1-01'f
.75
2.2S
'1.50
109.50
lL12.36
088-251-019
0
3.7S
'f.00
112.2S
1'fS.92
OGB-252-022
0
3.00
'f.00
101.00
131.3C
068-2S2-039
0
6.00
5.SO
167.00
217.10
OBB-253-021
.50
2.00
2.00
66.SO
86.'f6
068-253-02B
0
6.00
S.00
160.00
208.00
068-253-036
0
3.00
2.00
73.00
91f,90
068-253-0'fl
1.50
'f,S0
6.00
177.00
230.10
068-253-0'f5
1.SO
'f,50
6.00
177.00
230.10
068-25'f-011
0
1.75
'f.00
82.25
106.92
068-25S-002
1.00
'f.00
6.00
161.00
203.30
068-255-003
1.00
'f.00
6.00
161.00
209.30
068-2SB-018
2.00
S.00
5.50
186.00
2'f1.BO
068-258-02f
.75
2.75
'f.00
110.00
ll13.00
068-274-003
1.25
'f.7S
7.00
190.SO
247.66
06B-276-007
0
3.00
1.00
59.00
76.70
OBB-313-038
.50
2.00
2.00
66.50
86.LiLi
068-321-OOB
0
SO
.7S
18.00
23.40
068-321-009
0
1.50
.2S
26.00
33.80
OGB-322-016
0
3.00
'f.00
101.00
131.30
068-323-00'f
.75
2.SO
S.00
120.25
156.32
068-323-OOS
,7S
2.50
S.00
120.2S
1S6.32
068-323-025
2.50
'f.50
6.00
19'f.00
2S2.20
068-324-009
0
2.50
2.25
69.00
B9.70
068-32`1-010
0
SO
SO
1'f.SO
18.66
068-324-011
0
.25
.25
7.25
9 . L12
068-32q-020
0
2.SO
2.25
69.00
B9.70
068-3`11-009
2.25
2.25
6.00
156.00
202.BO
CGB-351-0`I5
3.00
2.00
`1.50
1'f'f100
1B7,20
CBB-351-056
3.00
2.00
8.00
193.00
250.90
OGB-383-006
.75
3.00
12.7S
99.75
129.6E
97 Parcles $9,222.52 $11,989.S2
A • •
RESOLUTION NO. 80-91
RESOLUTION AUTHORIZING THE AGREEMENT FOR ASSIGNMENT OF COMBINED
ROAD PLAN (CRP) APPORTIONMENT TO THE LOS ANGELES COUNTY
TRANSPORTATION COMMISSION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, apportioned CRP funds may be transferred between
local agencies from or within an urbanized area with the approval
of the appropriate local agency officials and the appropriate
governing body responsible for apportioning the funds to the
seller; and
WHEREAS, the City of Morro Bay wishes to assign $141,949.00
of its allocation of 1987 Surface Transportation Assistance Act
Federal -Aid Urban (FAU) Combined Road Plan (CRP) funds to Los
Angeles County Transportation Commission, hereinafter referred to
as "COMMISSION", in exchange for One Hundred Percent (100%) of
that amount, in 1991 or subsequent years Surface Transportation
Assistance Act Urban/Rural Program (FAU) Combined Road Plan (CRP)
funds that may be used for any future City of Morro Bay
street/road-related project which qualifies for CRP funding; and
WHEREAS, the COMMISSION wishes to accept said assignment for
use on COMMISSION street -related project which qualifies for CRP
funding; and
WHEREAS, the City of Morro Bay considers this assignment and
exchange with COMMISSION as fair and equitable treatment under
the CRP program.
NOW, THEREFORE, BE IT RESOLVED effective upon the adoption
of this Resolution, the City Council hereby authorizes the City
Administrator of the City of Morro Bay to execute on behalf of
the City, the Agreement for Assignment of Combined Road Plan
Apportionment to COMMISSION.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held on the 22th day of July, 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuri eetz
NOES: None
ABSENT: None
R E MA IE SHE Z, Ma
ATTEST
ARDITH DAVIS, City Clerk
AGREEMENT FOR ASSIGNMENT OF FEDERAL AID URBAN (FAU)
COMBINED ROAD PLAN (CRP) FUNDS
THIS AGREEMENT is made and entered into this day of
1991 by and between the City of Morro Bay, a
political subdivision of the State of California, hereinafter
referred to as "Buyer" and the Los Angeles County Transportation
Commission, a commission created by the .County Transportation
Commission's Act to administer transportation programs within Los
Angeles County in the State of California, hereinafter referred
to as "Seller".
WITNESSETH:
WHEREAS, "SELLER" wishes to assign $141,949.00 of its
allocation of 1991 or subsequent years' Surface Transportation
Assistance Act Urban/Rural Program (FAU) Combined Road Plan (CRP)
funds to the "BUYER" in exchange for one hundred percent (100%)
of that amount in 1987 Surface Transportation Assistance Act
Federal -Aid Urban (FAU) Combined Road Plan (CRP) funds; and
WHEREAS, "SELLER" wishes to use the funds received from
"BUYER" for transportation -related purposes; and
WHEREAS, apportioned non -attributable FAU funds may be
transferred between local agencies with the approval of the
appropriate local officials; and
WHEREAS, 'BUYER" and "SELLER" consider this assignment and
exchange as fair and equitable treatment under the FAU and
proposed Urban/Rural Programs.
NOW, THEREFORE, it is mutually agreed as follows:
1. "SELLER" agrees to transfer $141,949.00 of its 1991 or
subsequent years' Highway Act FAU Fund apportionment to "BUYER",
upon .approval by "BUYER."
2. "BUYER" agrees to transfer $141,949.00 of its 1987
Highway Act (FAU) Fund apportionment to "SELLER", upon approval
by "SELLER."
3. "SELLER" agrees to use the received funds for a
transportation -related purpose(s).
i
LOS ANGELES COUNTY
TRANSPORTATION COMMISSION
(Selling Agency)
By:
CITY OF MORRO BAY
(Buying Agency)
By: a94
City Administrato
ATTEST:
ARDITH DAVIS, City Clerk
RE S O LUT = �N NO - 7 9— 9 1
RESOLUTION ORDERING PLACED ON THE BALLOT OF THE
05 NOVEMBER 1991 SPECIAL MUNICIPAL ELECTION
AN ADVISORY MEASURE TO DETERMINE MORRO BAY
ELECTOR INTEREST IN PARTICIPATING WITH THE
COUNTY OF SAN LUIS OBISPO TO OBTAIN WATER
FROM THE NACIMIENTO RESERVOIR
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, by Resolution No.
56-91, call a special municipal election and requested the County
Board of Supervisors to approve consolidation of the election
with the consolidated districts election to be held on the same
day; and
WHEREAS, the Morro Bay City Council has determined it expe-
dient an advisory measure be placed on the ballot to determine
Morro Bay voter interest in participating with the County of San
Luis Obispo to obtain water from the Nacimiento Reservoir.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council, pursuant to its authority in accor-
dance with Elections Code §5353, does hereby determine there
shall be and is hereby ordered submitted to the qualified elec-
tors of the City of Morro Bay at said special municipal election
the following advisory question:
ADVISORY VOTE ONLY
Shall the City of Morro Bay participate with
the County of San Luis Obispo to increase its
water supply by obtaining water from the
Nacimiento Reservoir?
YES
NO
2. The City Clerk is hereby directed to forward a copy of
this Resolution to the County Clerk for inclusion in the ballot
for the 05 November 1991 special municipal election.
y
Resolution No. 79-91
Page Two
PASSED AND ADOPTED by the Morro Bay City Council at a regu-
lar meeting thereof held on the 8th day of July, 1991 on the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None �0 4.4 W4
ROSE MARIE SH TZ, Mayoll
ATTEST:
oe
ARDITH DAVIS, City Clerk
RESOLUTION NO. 78-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADOPTING EXTENSIONS
FOR THE CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 1996
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. CUP 28-90 AND CDP 42-90R
WHEREAS, the City of Morro Bay entered into that certain
Settlement Agreement and Mutual General Release, with Keyoto-Morro
Bay, Inc. and Morro Bay -Natalie, Inc. ("Keyoto-Natalie") dated July
10, 1989, pursuant to which the Local Coastal Program of the City
of Morro Bay was amended, and later certified by the California
Coastal Commission; and
WHEREAS, after the amendment of the City of Morro Bay's Local
Coastal Program pursuant to said Settlement Agreement and Mutual
General Release, Keyoto-Natalie submitted an application for
Vesting Tentative Tract Map No. 1996, being a resubdivision of a
portion of Atascadero Beach in the City of Morro Bay, County of San
Luis Obispo, State of California, Conditional Use Permit No. CUP
28-90, and Coastal Development Permit No. CDP 42-90R ("the
project"), said applications having been deemed complete by the
City of Morro Bay on July 11, 1990; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and
the City of Morro Bay's CEQA Guidelines, policies, and procedures,
and after completing an initial study, the City of Morro Bay
determined that the project would require the preparation of an
environmental impact report and entered into a contract on October
10, 1990 with Earth Metrics Incorporated to prepare an
Environmental Impact Report (EIR) for the project, which report is
presently under preparation; and
WHEREAS, Earth Metrics Incorporated has recommended the
preparation of additional biological studies in order to fully
comply with the purposes and policies of CEQA, the State CEQA
Guidelines, and the City of Morro Bay CEQA Guidelines, policies,
and procedures, and that additional time is required to complete
such studies; and
WHEREAS, both the City of Morro Bay and Keyoto-Natalie have
agreed to extend the time for the processing of the subject project
pursuant to CEQA, Public Resources Code Section 21151.5, and
pursuant to the Permit Streamlining Act, Government Code Section
65920 et sea., pursuant to that certain agreement attached hereto
and incorporated herein by this reference as Exhibit A, for a total
of 180 days, or until January 7, 1992; and
JUN211991
CITY APORY' Y' Or?3i;
City Council Resolution No. 78-91
Page 2
WHEREAS, based upon the recommendations of Earth Metrics
Incorporated, the City Council made the following findings:
1. That the need to complete additional biological studies as
recommended by Earth Metrics Incorporated constitutes
"compelling circumstances justifying additional time" pursuant
to Public Resources Code Section 21151.5 as implemented by the
City (Resolution 25-81); and
2. That Keyoto-Natalie consents to and requests an extension of
90 days of time for completing and certifying the EIR pursuant
to Public Resources Code Section 21151.5 and as implemented by
said City Resolution; and
3. That Keyoto-Natalie consents to and requests an additional 90
day extension provided for under Government Code Section
65957, within which the City must act upon the Vesting
Tentative Map, CUP No. 28-90 and CDP No. 42-90R; and
4. That, therefore, based upon these two extensions, the total
extension in which the City must act upon Vesting Tentative
Map, CUP No. 28-90 and CDP No. 42-90R, and certify the EIR for
the project, shall be a total of 180 days from July 11, 1990,
or, more specifically, until January 7, 1992.
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 City Council in this matter;
and
2. That the City Council does hereby extend the period within
which action must be taken by the City on Vesting Tentative
Map, CUP No. 28-90 and CDP No. 42-90R, for a total of 180
days, or until January 7, 1992.
City Council Resolution No. 78-91
Page 3
PASSED, APPROVED, AND ADOPTED, on this
1991, by the following vote to wit:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ARDITH DAVIS, City Clerk
8th day of July,
AGREEMENT EXTENDING TIME TO PROCESS DEVELOPMENT PROJECT
This Agreement is entered into by and between the City of
Morro Bay ("City") and Keyoto-Morro Bay, Inc. and Morro Bay -
Natalie, Inc. (hereinafter collectively referred to as "Keyoto-
Natalie") with reference to the following facts:
RECITALS
WHEREAS, the City of Morro Bay entered into that certain
Settlement Agreement and Mutual General Release, with Keyoto-Morro
Bay, Inc. and Morro Bay -Natalie, Inc. ("Keyoto-Natalie") dated July
10, 1989, pursuant to which the Local Coastal Program of the City
of Morro Bay was amended, and later certified by the California
Coastal Commission; and
WHEREAS, after the amendment of the City of Morro Bay's Local
Coastal Program pursuant to said Settlement Agreement and Mutual
General Release, Keyoto-Natalie submitted an application for
Vesting Tentative Tract Map No. 1996, being a resubdivision of a
portion of Atascadero Beach in the City of Morro Bay, County of San
Luis Obispo, State of California, Conditional Use Permit No. CUP
28-90, and Coastal Development Permit No. CDP 42-90R ("the
project"), said applications having been deemed complete by the
City of Morro Bay on July 11, 1990; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and
the City of Morro Bay's CEQA Guidelines, policies, and procedures,
F,,1 C3FI
JUW Z 1 9a91
'IT
and after completing an initial study, the City of Morro Bay
determined that the project would require the preparation of an
environmental impact report; and entered into a contract on October
10, 1990 with Earth Metrics Incorporated to prepare an
Environmental Impact Report (EIR) for the project, which report is
presently under preparation; and
WHEREAS, Earth Metrics Incorporated has recommended the
preparation of additional biological studies in order to fully
comply with the purposes and policies of CEQA, the State CEQA
Guidelines, and the City of Morro Bay CEQA Guidelines, policies,
and procedures, and that additional time is required to complete
such studies; and
WHEREAS, both the City of Morro Bay and Keyoto-Natalie have
agreed to extend the time for the processing of the subject project
pursuant to CEQA, Public Resources Code Section 21151.5, and
pursuant to the Permit Streamlining Act, Government Code Section
65920 et sea., pursuant to that certain agreement attached hereto
and incorporated herein by this reference as Exhibit A, for a total
of 180 days, or until January 7, 1992; and
NOW, THEREFORE, it is agreed as follows:
1. The need to complete additional biological studies is
recommended by Earth Metrics Incorporated and constitutes
"compelling circumstances justifying additional time" pursuant to
Public Resources Code Section 21151.5, and as implemented by the
City (Resolution No. 25-81). Keyoto-Natalie consents to and
requests an extension of ninety (90) days of time for completing
2
and certifying the EIR pursuant to Public Resources Code Section
21151.5 and as implemented by City Resolution No. 25-81. The City
agrees to and does hereby grant said extension of time and
expressly agrees that compelling circumstances justifying
additional time pursuant to Public Resources Code Section 21151.5
do exist.
2. Keyoto-Natalie consents to and requests an additional
ninety (90) day extension pursuant to Government Code Section
65957, within which the City must act upon the Vesting Tentative
Map, CUP No. 28-90 and CDP No. 42-90R. The City agrees to and does
hereby grant said additional ninety (90) day extension.
3. The two extensions referred to above constituting a total
extension of 180 days, in which the City must certify the EIR for
the project, and act upon the Vesting Tentative Map, the CUP No.
28-90 and CDP No. 42-90R. The total extension shall be for 180
days from July 11, 1990,•the date upon which Vesting Tentative Map
was deemed complete, and shall specifically expire on January 7,
1992.
4. Nothing in this Agreement is intended to prejudice
Keyoto-Natalie, or the processing of their development proposals.
It is expressly agreed that by both requesting and consenting these
extensions, Keyoto-Natalie does not waive or forfeit any rights
that is has pursuant to the Subdivision Map Act and its Vesting
Tentative Map application, as herein extended. It is the intent of
this Agreement to be for the mutual benefit of the parties hereto.
1-0
•
DATED: / ` 9 -
DATED: /
DATED: "1�
DATED:
r.%
CITY OF MORRO BAY
KEYOTO-MORRO BAY, INC. and
MORRO BAY-NATALIE, INC.
By: RRM DESIGN GROUP, their
authorized agent
By:
I
APPROVED
APPROVED AS TO FORM:
WILLIAM . WALTER, Attorney for
Keyoto-Morro Bay, Inc. and Morro
Bay -Natalie, Inc.
•
E
RESOLUTION NO. 77-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING
FINDINGS AND APPROVING A CONDITIONAL USE PERMIT (CONCEPT PLAN) TO
ALLOW FOR UPGRADING THE EXISTING BUILDINGS AND CHANGING THE USE OF
THREE EXISTING RESIDENCES INTO TWO MOTEL UNITS AND OFFICE/MANAGER'S
QUARTERS FOR THE MOTEL
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NO. CUP 14-91 (CONCEPT PLAN)
WHEREAS, the Planning Commission of the City of Morro Bay,
California on June 17, 1991 held a duly noticed PUBLIC HEARING to
consider the request of Associated Pacific Constructors for a
Conditional Use Permit to allow changing use of three existing
residences to a motel, located at 471 Embarcadero in the WF/PD/S.4 and
H Districts, more particularly described as:
APN 66-137-01
Lease Sites 50-50W & 51-51W
Town of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, the Environmental
project has complied with the City
and procedures for implementation
Quality Act, (CEQA), in that the pr
a Categorical Exemption and no ft
and
Coordinator determined that the
of Morro Bay objectives, criteria
of the California Environmental
)ject has been found to qualify for
rther documentation is necessary;
WHEREAS, following PUBLIC HEARING, the Planning Commission did
recommend approval to the City Council by resolution with conditions,
WHEREAS, The City Council of the City of Morro Bay on the 8th
day of July, 1991, did hold a duly noticed PUBLIC HEARING to consider
the request; and
WHEREAS, at said PUBLIC HEARING, after considering the Planning
Commission recommenndation, staff report and the testimony of all
persons wishing to testify, the City Council found the following facts
and reasons to justify its action:
1. The proposed project is in conformance with the Morro Bay
General Plan, certified Local Coastal Plan and applicable Zoning
Ordinance provisions; and
The project will not be injurious or detrimental to the health,
safety, comfort or general welfare of the persons residing or
working in the neighborhood; and
City Council Resolution No. 77-91
Page Two
3. The project will not be injurious or detrimental to property and
improvements in the neighborhood; and
4. The project will not be injurious or detrimental to the general
welfare of the City; and
5. The architectural design is compatible with the adjoining area
and with "seaport village" theme and will not adversely affect
coastal views; and
6. The conversion of the residential uses to motel use for a very
small portion of the project on the existing wharf in the H Zone
portion of the lease site is consistent with the goals of
encouraging visitor serving uses along the waterfront, and will
not affect existing conditions with respect to navigation,
shoreline process or tidal flushing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Council in this matter; and,
2. That the Council does hereby grant approval of Conditional Use
Permit No. 07-91 (Concept Plan) with conditions.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Morro Bay, on the Sth day of July, 1991, by the following vote to
wit:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ARDITH DAVIS, City Clerk
r
r4MWERIE � .
CONDITIONS OF APPROVAL
CUP 14-91R
A. GENERAL STANDARD CONDITIONS
1. Exhibits: This request for a 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. Inauaurate within One Year: 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. Changes: 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. Compliance with Law: 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. Hold Harmless Clause: The applicant, as a condition of approval,
hereby agrees 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
this approval by the City of the applicant's project; or applicants
failure to comply with conditions of approval. This condition and
agreement shall be binding on all successors and assigns.
6. Compliance with Conditions: 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
Case No. CUP 14-91
Page Two
7. Acceptance of Conditions: 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.
BUILDING & SITE CONDITIONS
1. Colors and Materials: Prior to issuance of a zone clearance, the
Director of Community Development shall ensure compliance of all
exterior colors and materials, including fencing materials as
approved on Exhibit(s) A. All other colors and materials not so
specifically approved may be approved by the Director according to
the following objectives: achieve compatibility with colors and
materials used in the on -site improvements; achieve compatibility
with the architectural design of the improvements; achieve
compatibility with surrounding land uses and properties; preserve
the character and integrity of the zone.
2. Water Saving Devices: Water saving devices shall be installed in
the project in accordance with the policies of the Morro Bay
Coastal Land Use Plan and as approved by the Building Official.
3. Undergrounding of Utilities: All on -site utilities including
electrical, telephone and cable television shall be installed
underground.
4. Screening of Equipment: All roof -mounted air conditioning, or
heating equipment, vents or ducts shall be screened from view in a
manner approved by the Director of Community Development.
5. Screening of Trash Storage: All trash enclosures shall be
functionally located aesthetic extensions of the main structure
with a minimum wall height of five (5) feet. Reasonable effort
shall be made to locate enclosures in a manner which will not
interfere with the reasonable use of adjoining properties or
endanger the health or safety of persons in the subject property.
6. Exterior Lighting The exterior lighting system shall comply with
Exhibit(s). The system shall be low level with a height of fixture
not to exceed a maximum of 17 feet and shall achieve the following
objectives; avoid interference with reasonable use of adjoining
properties; minimize on -site and off -site glare; provide adequate
on -site lighting; limit electroliers' height to avoid excessive
illumination; provide structures which are compatible with the
total design of the proposed facility.
7. Signage: The total signing program shall conform to Chapter 17.68.
A sign permit is required prior to the issuance of a building
permit for occupancy.
8. Setbacks of Carport: The setback of the carport shall be increased
to a minimum of 5 feet from the existing property line.
Conditions of Approval
CUP 14-91
Page Three
9. Water Equivalencies:
a. Prior to issuance of a Building Permit, the Community
Development Director shall verify that the necessary water
equivalencies have been met for the size of the project and
the nature of proposed occupancy.
b. If a water equivalency has been allocated to the project by
the City of Morro, Bay, the applicant shall abide by MBMC
Section 13.20 pertaining to water Equivalencies. Following the
issuance of a building permit and just prior to Final
Occupancy, applicant shall submit a Title Report to the
Building Official, for verification of ownership.
10. Design Review: Prior to submittal for building permits, the
architect shall prepare architectural elevations of the four sides
of the building and submit those elevations to the Community
Development Director for review and approval based upon the
recommendation of the Planning Commission.
11. Lease Approval. The Harbor Director and City Council shall review
lease changes to allow for motel use prior to inauguration of use.
12. Public Access: As part of the lease agreement, the applicant shall
design and provide a public access between the buildings to the
existing deck at the rear of lease site 50W. The access shall have
signs provided designating it as public and shall have a protective
barrier to prevent access to the working deck. Said access shall
be. reviewed and approved by the Community Development Director
and the Harbor Director.
C. LANDSCAPING CONDITIONS
1. Landscaping Conditions: A landscaping plan shall be required to
include details on the number, size, location and type of species
for all plant materials. In addition, the landscaping plan shall
include the proposed method and location of irrigation. The plan
shall also include fencing details and screening of the trash
enclosure. A variety of native and drought resistant plant and
tree species shall be used wherever possible. The landscaping plan
shall be approved by the Director.
2. Landscaping Protection: All new landscaping and planting within
paved areas shall be contained within raised planters surrounded by
six (6) inch concrete curbs.
3. Timing of Landscaping_ All required plantings shall be in place
prior to establishment of a use or issuance of a Certificate of
Occupancy. during drought period, all new landscaping shall be
postponed. Bonding may be required.
Conditions of Approval
CUP 14-91
Page Four
4. Maintenance of Landscaping_ All required plant materials shall be
maintained in a clean and neat condition. All landscaping shall be
cared for, maintained, watered, fertilized, fumigated, pruned and
kept in a healthy growing condition. Where a required planting has
not survived, it shall be promptly replaced with new plant
materials having similar functional characteristics and a size
either equivalent to or exceeding the original size.
D. PUBLIC WORKS CONDITIONS
1. Off -Site Public Improvements: The applicant shall submit
engineering drawings and cost estimates for all proposed off -site
improvements for review by the City Engineer and cost estimates.
Upon approval of the design drawings, the applicant shall deposit a
financial security with the City in the amount of 150% of the
estimated construction cost prior to the issuance of a building
permit.
2. Curb, Gutter & Sidewalks: The applicant shall correct deficiencies
in the existing curb, gutter and sidewalk, for the entire Street
frontage abutting the project site and shall make repairs and
modifications thereto as required by Municipal Code and directed by
the City Engineer. All improvements shall be constructed to City
standards and at the applicant's cost and may not be limited to the
following:
a. The existing drive approach extends across the property line
to the adjacent lease site, which is also leased by the
Applicant. There is no gate or entrance to the adjacent
property being served by the drive approach. The City
Standard Drawings and Specifications require a 2-foot
separation between drive approaches serving separate adjacent
properties. The Applicant shall therefore be required to
remove and reconstruct the existing drive approach and
sidewalk to conform to the City standards.
b. General Plan Improvements. The Circulation Element of the
General Plan indicates it is the City's policy to provide an 8
foot wide public sidewalk on the Embarcadero. The existing
sidewalk is only 5 feet or 5-1/2 feet wide. The Applicant
should consider an attempt to construct additional sidewalk
with the matching exposed aggregate finish -to provide the
required 8 foot wide sidewalk where feasible.
3. Sewer Backflow Device: If the existing lateral connection to the
municipal sewer main is not presently protected by a backflow
prevention device, such a device shall be installed as a condition
of this permit.
Conditions of Approval
CUP 14-91
Page Five
4. Fire Sprinkler Demand: If the applicant decides to protect the
existing and proposed improvements by a fire sprinkler system, the
applicant and the Fire Dept. shall determine the peak flow demand
for this system so this Department may determine whether the
existing municipal water system is capable of providing this flow.
Any improvements to the municipal water system that may be required
to provide this flow shall be constructed by the Applicant at no
cost to the City of Morro Bay.
5. Grading & Drainacre Plan: The applicant shall submit a grading and
drainage plan with calculations to demonstrate the proposed on -site
drainage facilities will handle the peak runoff from a 25-year
storm. Surface disposal of drainage over sidewalks or driveways is
prohibited. The applicant shall construct on -site inlets and
through -curb drainage facilities in accordance with City standards.
6. Encroachment Permit: An Encroachment Permit issued by Department
of Public works is required for all work within the public right-
of-way prior to issuance of a building permit or recordation of a
final map.
7. Non -Protest Agreement: The applicant shall enter into a binding
agreement with the city to not protest the inclusion in any future
improvement assessment district which includes the property that
may be formed for the purpose of constructing public improvements
benefitting the property.
E. FIRE DEPARTMENT
I. Fire Supervision: All provisions for fire suppression shall be in
accordance with the Uniform Fire Code of the City of Morro Bay.
2. Fire Hydrants: Prior to issuance of a zone clearance (or
recordation of the final tract map) the permittee shall submit
plans to the Fire Department for approval of the size and location
of fire hydrants or other fire protection facilities.
3. Address Numbers: Address numbers shall be of contrasting color to
the background and shall be readily visible at night. The numbers
shall be subject to approval of the Director of Community
Development and the Fire Chief.
4. Fire Extinguishers: All fire extinguishers shall be .installed in
accordance with National Fire Protection Association Standard #10.
5. Smoke Detectors: Hard wired smoke detectors shall be provided in
each motel room. Location to be approved by the Fire Chief.
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RESOLUTION NO. 76 - 91
REVISING THE LEVEL 5 EMERGENCY WATER RATIONING PROGRAM
FOR MOBILEHOME PARKS
T H E C I T Y C O U N C I L
City of Morro Bay
WHEREAS, on February 11, 1991 and March 25, 1991 the City Council
adopted Resolution Nos. 13-91 and 28-91 respectively, declaring the
City of Morro Bay to be in an emergency water supply condition: and
WHEREAS, by said Resolution No. 13-91 the City Council instituted
and imposed water rationing measures on all customers of the City of
Morro Bay water system; and
WHEREAS, the City Council has determined it is necessary and proper
to modify said water rationing measures in order to clarify the
treatment of mobilehome parks, as residential customers.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City Council hereby modifies, imposes, and
institutes water rationing measures on all customers of the City of
Morro Bay water system as described in the "Revised Water Rationing
Program" attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED on this 8th day of July, 1991 by the
following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSTAIN: None
ABSENT: None
ZRIWRIE S ETZ, May
ATTEST:
/ TH D A
AR TH DAVIS, City Clerk
Exhibit A
EMERGENCY WATER SUPPLY CONDITION
REVISED WATER RATIONING PROGRAM
(Level 5)
(Rev 7/8/91)
1. Allowable Water Use. Water use by customers of the municipal
water system shall be limited as follows.
A. Single family residential: The maximum allowable water
use shall be nine (9) billing units per month for homes with up to
three permanent residents. Two additional units shall be added for
each additional permanent resident.
(Note: One billing unit = one hundred cubic feet = 750 gallons.
Nine billing units per month 225 gallons per day = 0.99 water
equivalencies per year.)
B. Multi -family residential (apartments and condos): The
maximum allowable water use per dwelling unit shall be seven (7)
billing units per month for up to three permanent residents, with
two additional units for each additional permanent resident.
C. Mobilehome parks: The maximum allowable water use per
dwelling unit shall be five (5) billing units per month for up to three
permanent residents, with two additional units for each additional
permanent resident.
D. Residences claiming more than three persons per household
shall be required to provide a written statement to the City Finance
Director listing the actual number of permanent residents.
E Commercial and non-residential uses: The maximum
allowable water use shall be an amount equal to the customer's prior
water use at that location for the same billing period last year (or the
average of the prior two years if available).
Revised Level 5 Emergency Water Rationing Program
Page Two
2. Surcharge for exceeding the allowable water use. Customers
exceeding their monthly allocations shall be assessed a 50% "surcharge" for
the first billing period in which the maximum allowable amount is
exceeded; a 100% surcharge for the second consecutive billing period in
which the maximum allowable amount is exceeded; and a 200% surcharge
for the third consecutive billing period in which the maximum allowable
amount is exceeded.
3. Any surcharges incurred by customers under the emergency water
rationing program prior to 22 April, 1991 shall be waived.
4. The appropriateness and reasonableness of all surcharges and the
amount allowable to each customer may be appealed in writing to the
City's Finance Director or her designee. If the matter is not resolved at
that level the matter may then be appealed in writing to a sub -committee
of the Council. If the matter is still not resolved it may then be appealed
in writing to the full City Council. The Finance Director or her designee is
authorized to adjust the surcharge and/or the maximum allowable amount
for each appealing customer after considering the individual circumstances
and conditions of the customer to insure any such surcharge or maximum
allowable amount is reasonable and appropriate for that customer.
5. The City shall place an immediate temporary moratorium on issuing
building permits to begin construction of new projects which would
accommodate new water use. (This includes restaurant or commercial -
type expansions which would increase water use.)
u
RESOLUTION NO. 75-91 f}
RESOLUTION REJECTING THE OFFER OF DEDICATION OF PUBLIC USE
EASEMENT MADE ON PARCEL MAP MB90-175
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 15th of October 1990, did approve Tentative
Parcel Map MB90-175; and
WHEREAS, an offer of dedication for Public Use Easements was
made on behalf of the public on Parcel Map MB 90-175 for which
the City has no need; and
WHEREAS, Section 66477.1 of the Subdivision Map Act requires
the City to reject any offer of dedication it does not wish to
accept.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay, California does reject on behalf of the public
the offer of dedication for Public Use Easements made on Parcel
Map MB 90-175.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held on the 22nd day of July, 1991, by
the following vote:
AYES: Baker, Luna, Mullen, Wuriu, Sheetz
NOES: None
ABSENT: None
ATTEST•
ARDITH DAVIS, City Clerk
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