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HomeMy WebLinkAboutResolution 01-00 to 81-00RESOLUTIONS /116 NO. TITLE ADOPTED 81-00 Resolution Authorizing and Directing Designation of No Parking Areas on the North and South Sides of Beach Street Between West Street and the Embarcadero El l 12-11-00 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 76-00 Resolution Reciting the Fact of the General Municipal Election Held in the City of Morro Bay on the 7'h Day of November, 2000; Declaring the Results Thereof, and Such Other Matters as Provided by Law 12-05-00 77-00 Resolution Designating the Intersections of Yerba Buena Street — Tide Avenue and Yerba Buena Street — Panorama Drive as Stop Intersections and Authorizing and Directing ® The Installation of Stop Signs on all Entrances to said Intersections 12-11-00 78-00 Resolution Extending Ordinance No. 266 Establishing a Growth Management Procedure Which Will Allow Fair Distribution of the City's Scarce Water Resources and Protect the Small Town Character and Surrounding Open Space Of the City 12-11-00 79-00 Resolution Approving Assignment of Lease Agreement for Lease Site 91-92/ 91 W-92W 12-11-00 80-00 Resolution Approving Amendment # I to the Lease Agreement for Lease Site 129W-132W with Driscoll Marina Adding Lease Site 133 W to the Area 12-11-00 Cl ® RESOLUTIONS 2000 NO. TITLE ADOPTED 68-00 Resolution Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year1999-2000 10-23-00 69-00 Resolution Approving Sublease for a Portion of Lease Site 67/67W; dba Island Connection 10-23-00 70-00 Resolution Approving Sublease for a Portion of Lease Site 93-95/93W-95W; dba Bahia Grill 10-23-00 ® 71-00 Resolution in Opposition to Proposition 37 "Two -Thirds Vote Preservation Act of 2000" 10-23-00 72-00 Resolution Authorizing Funding Application for Main Street/Highway 41 Intersection Improvement Design and Construction 10-23-00 73-00 Resolution Approving Amendment to Interim Lease Agreement for Lease Site 144/144W 11-13-00 74-00 Resolution Approving Assignment of Lease Agreement for Lease Site 35W-36W 11-13-00 75-00 Resolution Demanding Shell/Equilon/Equiva and Urging the Regional Water Quality Control Board to Take All Necessary Actions Immediately To Protect the Morro Basin Wellfield from Contamination 11-27-00 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 62-00 Resolution Approving an Increase to Commercial and Residential Solid Waste Collection Rates 10-09-00 63-00 Resolution Authorizing and Directing Designation of a Fifteen Minute Parking Limit at the Tidelands Park Boat Rinse Down Area and Loading Zones At the Dune Street and Tidelands Park Slips 10-09-00 64-00 Resolution Authorizing the Mayor to Execute Real Property Agreement for Acquisition of 570 Dunes ® Street and Appropriating Funds from the General Fund 10-09-99 65-00 Resolution Declaring an Emergency Condition to Exist Regarding a Threat to the Morro Basin Wellfield and Authorizing the Approval of Protective Measures to Safeguard the City's Precious Local Water Resources 10-09-00 66-00 Resolution Approving Administering Agency - State Master Agreement (Quintana Road Rehabilitation/Bike Lane Project) 10-23-00 67-00 Resolution Authorizing the Morro Bay Police Department to Participate in a Multi -Agency DUI Enforcement Task Force and Education Grant 10-23-00 RESOLUTIONS 2000 NO. TITLE ADOPTED 53-00 Resolution Accepting the Main Street Bike Path/Blending Len, Phase I as Completed By Souza Construction, Inc. 08-28-00 54-00 VOID 55-00 Resolution Prohibiting Skateboarding and Roller Skating From the Public Sidewalks And Streets in the Designated Area of Downtown Morro Bay 09-11-00 ® 56-00 Resolution Supporting the Concepts and Efforts of the California Highway Patrol In a Traffic Stop Demographic Data Collection Grant Program 09-25-00 57-00 VOID 58-00 VOID 59-00 Resolution Approving Submittal of a Funding Application for a Boardwalk and Appurtenant Facilities Along the Morro Bay Waterfront 09-25-00 60-00 VOID 61-00 Resolution Approving an Application for Funding for and the Execution of a Grant Agreement from the California Coastal Commission (Urban Run -Off) 09-25-00 11 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 45-00 Resolution Ordering the Levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District 07-10-00 46-00 Resolution Ordering the Levy of the Annual Assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District 07-10-00 47-00 Resolution Approving a One -Year Lease for the Vacant Parcel Located at 220 Atascadero ® Road to be Improved for a Bike Park 07-10-00 48-00 Resolution Prohibiting Skateboarding and Roller Skating from Public Property Designated For and During the Hours of the Downtown Fisherman's Market 07-24-00 49-00 Resolution Authorizing and Directing Designation of a Two -Hour Parking Limitation on the North Side of Morro Bay Boulevard Between Quintana Road and Kem Avenue 07-24-00 50-00 Resolution Approving Assignment of Lease From E. Kurt Steinmann to Josef Steinmann 07-24-00 51-00 Resolution Authorizing Individual Departmental Credit Lines for Use of Procurement/Credit Cards 08-14-00 52-00 Resolution Adopting Findings Waiving All Permit 0 Fees to the Morro Bay National Estuary Program 08-28-00 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 39-00 Resolution Awarding the Construction Contract for City Dock Fire Sprinkler System to Firetech Automatic Sprinklers 06-26-00 40-00 VOID 41-00 Resolution Calling a General Municipal Election to be held on November 7, 2000 for the Purpose of Electing Certain Officers of Said City; and Calling an Advisory Ballot Election; and Requesting The Board of Supervisors of San Luis Obispo ® County to Consolidate Said Election 06-26-00 42-00 Resolution Ordering Placed on the Ballot of the Next General Municipal Election an Initiative Proposing Amendments to the General Plan Land Use Element and Coastal Land Use Plan Regarding the Development of Electrical — Generating Facilities 06-26-04 42-00 Amended by City Council 07-24-00 43-00 Resolution Approving Amendment #2 to the Master Lease for Lease Site 71-74/71 W-74W to Restructure The Percentage of Gross Sales Schedule 06-26-00 44-00 Resolution Approving Easement Agreement With San Luis Coastal Unified School District for the Morro Bay High School Bike Path 07-10-00 E ® RESOLUTIONS 2000 NO. TITLE ADOPTED 30-00 Resolution in Opposition to Assembly Bill 2570 an Act Relating to Commercial Fishing 05-08-00 31-00 Resolution Declaring the City's Intention to Levy the Annual Assessment for the Maintenance of the North Point Natural Area 06-12-00 32-00 Resolution Declaring the City's Intention to Levy the Annual Assessment for the Maintenance of the Cloisters Park and Open Space 06-12-00 ® 33-00 VOID 34-00 Resolution Authorizing the City Manager to Enter into a One -Year Extension of the Consultant Agreement for Advertising Services 06-12-00 35-00 Resolution Establishing Appropriations Limit for Fiscal Year 2000-2001 06-12-00 36-00 Resolution in Support of California Marine Affairs and Navigation Conference Comments on the National Marine Sanctuary Reauthorization Act 06-12-00 37-00 Resolution Authorizing an Agreement with San Luis Obispo County Division of Animal Services To Provide Animal Control Services to the City 06-26-00 38-00 Resolution Adopting the Operating and Capital Improvement Budgets and Making Appropriations ® For Fiscal Year 2000-2001 06-26-00 El E E RESOLUTIONS 2000 NO. TITLE ADOPTED 23-00 Resolution Approving Lease Amendment #2 for Lease Agreement on Lease Site 87-88/ 87 W-88 W 04-10-00 24-00 Resolution Approving a 3-Year Lease Agreement with Driscoll Marina for Lease Site 129W-132W 04-10-00 25-00 VOID 26-00 Resolution Proclaiming Support for the Community's Popular Desire to Preserve the Bluff Open Space And Views on the Caratan Property's Bluff Parcel And Forwarding this Support to the California Coastal Commission as Part of their Action on the City's Amendments to the General Plan, Local Coastal Program, and Land Use Plan Map as They Apply to the Caratan Property 04-24-00 27-00 Resolution Authorizing the City Manager to Execute a Lease Agreement for Two Electric Vehicles, to Accept a Grant for Same, and to Appropriate Funds For the Balance of the Costs 04-24-00 28-00 Resolution Approving Participation in Regional Commercial Recycling Education Program 05-08-00 29-00 Resolution Amending and Adopting the Public Works Advisory Board By -Laws and Rescinding Resolution No. 52-98 05-08-00 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 15-00 Resolution Appointing Robert Hendrix as City Manager and Approving Contract 02-28-00 16-00 Resolution Authorizing the Mayor to Execute Real Property Agreement for Acquisition Of 1055 Morro Avenue and Appropriating Funds from the Parking In -Lieu Fund 03-13-00 17-00 Resolution Opposing Senate Bill 402 Regarding Compulsory and Binding Arbitration for Public Safety Employees 03-27-00 ® 18-00 Resolution Initiating Proceedings to Levy the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District 04-10-00 19-00 Resolution Initiating Proceedings to Levy the Annual Assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District 04-10-00 20-00 Resolution Amending the Community Promotions Committee By -Laws 04-10-00 21-00 Resolution Approved Preferred Alternative for the Morro Bay Blvd./Quintana Rd. Intersection 04-10-00 22-00 Resolution Authorizing the City to Request a Grant in the Amount of $65,000 from the Dept. Of Boating & Waterways for Repair and ® Modifications to the Boat Launch Facility 04-10-00 ® RESOLUTIONS 2000 NO. TITLE ADOPTED 08-00 Resolution Approving a Short -Term Annual Rent Credit Toward Providing a Public Access Restroom for Lease Site 93-95/93 W-95 W 01-24-00 09-00 Resolution of Intent to Approve an Amendment to Contract between the Board of Administration Of the California Public Employees' Retirement System and the City of MB 02-14-00 10-00 Resolution Approving Submittal of Sustainable Building Grant Program Application 02-14-00 ® 11-00 Resolution Urging Support for Funding of Disaster Assistance to Businesses and Communities Affected by the Current Pacific Coast Groundfish Disaster 02-14-00 12-00 Resolution Recommending Changes to the State Dept. of Fish & Game and the National Marine Fisheries Service Pacific Coast Ground Fish Regulations 02-14-00 13-00 Resolution Authorizing and Directing Designation of a Disabled Parking Space on Front Street North of Harbor Street 02-28-00 14-00 Resolution Authorizing and Directing Designation of No Parking Areas on Main Street East and West of Pacific Street 02-28-00 RESOLUTIONS 2000 NO. TITLE ADOPTED 01-00 Resolution Adopting City's Investment Policy and Delegating Authority to the City Treasurer to Invest Idle Funds 01-10-00 02-00 Resolution Awarding the Contract for Project No. STIP-2000; Street Rehabilitation Projects to R. Burke Corporation 01-10-00 03-00 Resolution Assigning Lease Agreement for Lease Site 82-85/82W-85W from John King To Doug Redican, dba Rose's Landing 01-10-00 ® 04-00 Resolution Setting Policy on the Dedication of Trees, Benches and Plaques in Public Parks and Public Parkways 01-24-00 05-00 Resolution Approving the 1999 Annual Water Progress Report and Adopting Water Allocation Program for 2000 01-24-00 06-00 Resolution Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year 1999-2000 02-14-00 07-00 Resolution Accepting City Dock Reconstruction as Completed by Souza Construction, Inc. And Authorizing the Filing of Notice of Completion 02-14-00 r1 RESOLUTION NO. 8 1 -00 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF NO PARKING AREAS ON THE NORTH AND SOUTH SIDES OF BEACH STREET BETWEEN WEST STREET AND THE EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize prohibiting parking on any street within the jurisdiction of the City of Morro Bay-, and, WHEREAS, it has been deemed necessary to designate areas on both sides of Beach Street between West Street and the Embarcadero as no parking areas. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that no parking areas are hereby designated on the north and south side of Beach Street between West Street and the Embarcadero as shown in Exhibit `A": and, BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 1 lth day of December, 2000, by the following vote. ® AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None O ER ANDERSON, MAYOR ATTEST: MIA D 7 LS C 1 cam ® RESOLUTION NO. 80-00 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 129W-132R' WITH DRISCOLL MARINA, d.b.a DRISCOLL'S WHARF, TO ADD LEASE SITE 133W TO THE AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS; the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront W described as Lease Site 129-132W and is the lessor of certain property described as 133 W; and. WHEREAS. Driscoll Marina. d.b.a. Driscoll's Wharf. is the lessee of Lease Site 129W-132W: and. WHEREAS, Kingfisher Trading Company is leasing Lease Site 133W on a month to month basis with a termination date of December 31. 2000: and. WHEREAS, Driscoll's Wharf needs additional storage space for their business and have requested approval of Amendment #1 of the lease agreement for Lease Site 129W-133 W to add Lease Site 133 W to the leased area: and. WHEREAS, said lease amendment specifies the leased area, new rental terms, potential new uses and condition of the additional site: and. ® WHEREAS, Lease Site 129W-132W requires City approval of any lease amendment; and, WHEREAS, the Driscoll Marina is current in compliance with all terms and conditions of the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment 91 to the lease aereement for Lease Site 12W 9W-133 with Driscoll Marina is hereby approved and that the Mayor is hereby authorized to execute said lease amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 It' day of December, 2000, by the following vote: AYES: Anderson, Ciotzer Elliott, Peirce, Peters NOES: None ABSENT: None 1_1rGr ANTISERSON. VICE MAYOR ® BRIDGETT AUER, CITY CLERK ® ANIENDNIENT 91 TO THE LEASE AGREEMENT FOR LEASE SITES 129W-132W This amendment is made and entered into as of this IJ41d" ay of December 2000 by and between the City of Morro Bay a municipal Corporation of the State of California (hereinafter "City') and Driscoll's Marina, a California limited partnership dba Driscoll's Wharf (hereinafter "Tenant") to amend that certain lease for Lease Site 129W-1 J2W between City and Tenant dated April 14, 2000 (hereinafter "Lease"). Whereas. Tenant has established a full service fish buying station on Lease Site 129W-132W under a three-year interim lease agreement, and; Whereas, Tenant desires to expand the area of the premises to include the adjacent Lease Site L33W, and: Whereas, Kingfisher has been operating on Lease Site 133 W on a month -to -month carryover basis and City has provided Kingfisher notice of termination of that lease agreement effective December 31, 2000, and: NOW THEREFORE, City and Tenant mutually agree to amend the Lease as follows: ® The Lease Site description as stated on Page 1 of the Lease Agreement shall be amended as follows: 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 "the premises" or "said premises", in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: Lease Sites 129W-133W. Section 2.01 RENT: The annual minimum rent shall be increased to $18,275 in consideration of the expanded premises. The January L 2001 semiannual rent due under Section 2.01 shall be $9,137.50. Section 3.01 PERNUTTED USE: The following paragraph shall be added: Tenant may establish such other uses on the sites which are ancillary to commercial fish buying station including reestablishment of the recent retail fish sales use, provided that this amendment shall not exempt Tenant from acquiring any and all other permits and approvals needed to establish such uses to include but not limited to City land use and building permits, county and state health permits, Coastal Commission. Army Corps of Engineers, etc. 1 Am ndment #1 Lease Site J2WV 132{f Page 2 is CONDITION OF PRENUSES: Tenant acknowledges that the premises is currently occupied by Kingfisher and Tenant relieves City of any responsibility for delivering possession of Lease Site 133 W of the premises to Tenant. Tenant acknowledges and agrees that it is leasing the premises in an as is condition and acknowledges that the City shall have no responsibility should Kingfisher fail to vacate the premises on December 31, 2000, and that Tenant shall be responsible for any and all repairs necessary for Tenant to assume occupancy and establish operations on the site. E All other terms and conditions of the Lease shall remain in full force and effect. IN NVITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY tLESSEE /�/Z �P/gAlhders6n, Mayor o Gerald Driscoll III- 'Ro5ert Hendrix, City Manager APPROVED AS TO FORM Zaj X:�R Robert Schultz, City t4omey ATTEST: Bridgett B r, City Clerk Page 2 of 2 ® RESOLUTION NO.79-00 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 91-92/91W-92W FROM HAROLD AND RITA ANDERSON TO "899 ENIBARCADERO, INC." THE CITY COUNCIL Ciry 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 91-92/91NV-92W: and. WHEREAS. Harold and Rita Anderson are the lessees of said property: and; WHEREAS, the Andersons have requested approval of assignment of the lease agreement for Lease Site 91-92/91 W-92 W to "899 Embarcadero, Inc." a corporation; and. WHEREAS, the lease agreement for Lease Site 91-92/91 W-92W requires City approval of any lease assignment: and. WHEREAS, the existing lessees are current in compliance with all terms and conditions of the lease agreement. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 91-92/91 W-92 W from Harold and Rita Anderson to "899 Embarcadero, Inc." a corporation is hereby approved and that the Vice -Mayor is hereby authorized to execute said assignment documents. BE IT FURTHER RESOLVED, that said assignment approval is conditional upon receipt of the necessary assignment documents and final incorporation documents by the City Attorney by February 12. 2001. PASSED AND ADOPTED by the City Council of the City of Morro Bayat a regular meeting held thereof on the I I ih day of December. 2006, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: Anderson �p C. �d t 0 WILLIAM PEIRCE, VICE MAYOR W4 BRI GETT UER. CITY CLERK RESOLUTION NO. 78-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA EXTENDING ORDINANCE NO. 266 ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF THE CITY'S SCARCE WATER RESOURCES AND PROTECT THE SMALL TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Ordinance No. 266, also know as Measure "F", was adopted by the voters in 1984 to establish a growth management procedure; and WHEREAS, Ordinance No. 266 was established as a growth management procedure to allow fair distribution of our scarce water resources and protect the small town character and surrounding open space of the City; and WHEREAS, the growth management. procedures set forth in Ordinance No. 266 have assured that the yearly amount of new residential development is commensurate with the availablity of public services and infrastructure; and is WHEREAS, the growth.management procedures set forth in Ordinance No. 266 have assured even and balanced growth and not resulted in a deterioration of the quality of service to existing or new residents-, *and WHEREAS, Ordinance No. 266 requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, will continue to set an annual limit on new residential units and to prescribe the mix of multi -family and single family as set forth in Ordinance No. 266 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 th day of December, 2000 on the following vote: AYES: Anderson, Crotzer,'Elliott, Peters NOES: Peirce ABSENT: None ER ANDERSON, Mayor ATTEST: BRIDGE AUER, City Clerk Dec. 5. 2000 11:31AM 805 772 7329 No.5861 i ORDINANCE NO. 266 AN ORDINANCE ESTABLISHING A GROWTH MANAGEMENT PROCEDURE WHICH WILL ALLOW FAIR DISTRIBUTION OF OUR SCARCE-WPTER RESOURCES AND PROTECT THE.SMALt TOWN CHARACTER AND SURROUNDING OPEN SPACE OF THE CITY M Be it ordained by the people of the City of Morro Bay as follows: SECTION 1. Both the Coastal Commission certified Land Use Plan -and the.Morro. Bay city council -adopted Water Management Plan allow for a city residential population to grow from present 9600 to 12,200 by the year 2000 IF ADDITIONAL WATER RESOURCES OF ADEQUATE QUALITY AND -QUANTITY ARE MADE AVAILABLE THROUGH IMPLEMENTATION OF THE WATER MANAGEMENT PLAN. In order to insure even and balanced growth during the 16 year period from January 1, 1985 through December 31, 2000, . building permits will be limited to a number permitting an. annual increase.in population which would achieve the 12,200 person goal by the year 2000. No further residential building will be permitted after a population of 12,200. has. been reached unless an increase has been approved by a majority vote at a regular or.special election. SECTION 2. If water and wastewater treatment capacities become available allowing for a population increase beyond 12,200, the growth management procedures of this ordinance may be, altered ONLY BY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION. ® SECTION 3. Residential building permits. in 1985 will be limited to 70 residential units. The city council, with advice of the plan- ning commission, will determine by January 15 of each calendar year thereafter the mix of multi -unit and single family residential units for that calendar year. The 70 unit ceiling may be increased or de- creased by a factor not exceeding.10 percent if necessary to achieve the alloted annual population growth target. The determination of the mix will be based on a study of the historical building -permit pattern for the decade prior to.1977 and the years since 1982, plus An estimate of population increase of the previous .year. Final. adjustment of the building permit limit in each year will be made by. the city council after. a public hearing. SECTION 4. In any calendar year.the commercial and industrial building permits issued shall not. require more than..130% of the water allocatedtoresidential units that year. SECTION 5. Residential building permit approval will follow Coastal' Act priorities for water allocation required by Coast.a.l Development Permit 4-81-309A or as revised after the Coastal Commis-. Sion review scheduled for December 1984. These priorities shall be. reviewed .again whep the pipe replacement program is completed and necessary amendments submitted to the..Coastal Commission. SECTION.6. For purposes of awarding building permits, only ®' those development. proposals which meet the. definition of infill. now in use for water:allocations may be approved.. This definition was approved. -by city council resolution No. 26-84 on March.12, 1984. Dec. 5. 2000 11:31AM 805 772 7329 No.58o1 P. 2 Ordinance No. 266 Page Two SECTION 7. Land .Use Plan policies. 6. 01 through. 6.08have. been designed.to preserve open space. and agricultural land within the city limits. These policies and.the zoning ordinances which now implement them may. be. amended or repealed. ONLY pY A MAJORITY VOTE OF THE PEOPLE AT A REGULAR OR SPECIAL ELECTION held after final. approval of an amendment or repeal- by.the city council and prior to..submission to the Coastal Commission. SECTION B. Nonprofit public facilities (e.g. public.buildings, libraries, senior centers, etc.') supported in whole. or in part by, public funds are exempted from the permit limitations in sections 3 and 4. SECTION 9. Severance. If any portion of this ordinance is held invalid for any reason by a decision. of a court of competent juris-. diction,, such portion shall be deemed a separate, distinct and severable portion thereof. and .such decision shall not affect the validity of the remaining portions. SECTION 10. This ordinance shall supersede all other ordinances in conflict herewith. I, GARY A. NAPPER, City Clerk of the City of Morro . Bay-, do hereby certify that the foregoing is a true . and correct copy of _an ordinance.adopted.by a majority vote of the electors voting.in the geneal municipal election held in the City of Morro bay on the.6th day of_November., 1984. Dated: November 30, 1984 A. Clerk City of orro.B California. Dec. 5. 20001-11:32AM" " 805 772 7329 No-"5861 P."3� 4 �d "PETITION TO CIT Y COUNCIL (•`CITY OF MORRO "BAY SUBMITTING PROPOSED ORDINANCE on: City Council of the City of Morro Bay, State of California PU(Suanl to SOCllan 4001. Callfornla EIOCIIOna Code, and the attached Published ndllCe Of Intenilon, we, the undersigned• r:'Orr/ than tan per cant of the registered Qualified voiers of said city, hersoy present this oellllon and request that Ina following P•aloeed Orylnarlce be passed without alteration by you, or be suamiltea to a vale of ic:0 people at Inc next regular election. TLd prapoaedEOrdinaCCnCO reeds as follows:pp• - pp pp ff GG EE AN IHITIATIV- TOWNECIARAC RHAN�LSURROOND[N ROPENTSPACEIOF THEOCITYOF THE C�TY OF CARCE WATERSRESOURCE5 AND PROTECT SMALL - -- BE IT ORDAINED BY THE PEOPLE OF THE CITY OF O.JRRO BAY:AS FOLLOWS: SECTION 1,. BOTH THE COASTAL COMMISSION CERTIFIED LAND USE. PLAN AND THE MORRO BAY CITY COUNCI - ADOPTED WATER MANAGEMENT PLAN A W FpR A CITY R S1DENIIIAL POPULATION TO GROW FROM PRg$ YT 96010 TO"12,200 BY THE v AR 20t jf Ah TIONAL WAEEg s SOURCES OF ADEQUATE OUALITY.AND OUP.NTI Y ARE MADE -AVAILABLE THRt�1UGH IMPLEf1ENTA ION OF THE HATER MANAGEMENT PLAN. !N ORDER TO lNSUR VCn AND BALANCFD"GROWTH DURING THE 16 YEAR PERIOD FROM JANUARY 1.. 985 THROUGH DECEMBER I, 2�0�,-BUILDING. PERM TS WILL 9F. LIMITED TO A NIIMBF.R P gHITTING AN ANNUAL INCREASE IN POPULATION WHICH WOULD ACHIEVE THF'12,200 PERSQN GOAL BY THE YEAR 2068. NO FURTHER RESIDENTIAL BUILDING WILL BE PERMITTED AFTER A POPULATION or 17,200 HAS.8EEN REACHED UNLESS AN INCREASE HAS BEEN APPROVED BY A"MAJORITY VOTE ATA REGULAR OR SPECIAL ELECTION, SECTION 2. .IF WATER AND WASTEWATER TREATMENT CAPACITIES BECOME AVAILABLE ALLOWING FOR A POPULATION_ INCREASE B V44ND 1 200, THg' ROWTH M AGEMENT PRO F.D��1R qqF THIS ORDINANCE .MAY BE ALTERED ONLY BY A MAJORITY V TE OF 3HE PEOPLE.XT A REGOUR OR SPECIAL EL ON. SECTION 3, dESIDEHTIAL BUILDING PERMITS IN 1985 WILL DE LIMITED TO 70 acsipp NTIAL UNITS. THE CITY COUNCIL, WITH ADVICE OF THE PLANNING-COnMISSION, WILL DETERMINE RY JANUARY 1� OF EACH CALENDAR YEAR THEREAFTER THE MIX OF MULTI -UNIT AND SINGLE FAMILY RESIDENTIAL UNITS FOR THAT CALENDAR YEAR. THE 70 UNIT CEILING MAY BE INCREASED.OR DECREASED BY A FACTOR NOT EXCEEDING 10 PERCENT IF NECESSARY TO ACHIEVE -THE ALLOTED ANNUAL POPULATION GROWTH TARGET. THE DETERMINATION OF TH- MIX WILL BE BASED ON /A. STUDY OF THF..HISTORICAL BUILDING PERMIT PATTERN FOR THE DECADE PRIOR TO 197� AND THE YEARS SINCE J982. PLUS AN ESTIMATE OF POPULATION INCREASE. FOR THE "PREVIOUS "YEAR, FINAL 'ADJUSTMENT OF THE BUILD- ING PERMIT LIMIT IN EACH YEAR WILL BE MADE BY THE CITY COUNCIL AFTER A PUBLIC HEARING. SECTION 4, Ili ANY CALENDAR YEAR THE COMMERCIAL AND INDUSTRIAL BUILDING PER141TS ISSUED SMALL NOT RE- QUIRE MORE THAN 1330% OF THE WATER ALLOCATED TO RESIDENTIAL UNITS THAT YEAR, - SECTION S. RESIDENTIAL. BUILDING PF,?MIT APPROVAI.S Wfl` EEQqLLOW COASTAL ACT.PRIORITIES FOR WATER ALLOCATION REQUIRED BY COA TALEDEVELOpPMENT PERMIT 4-$1-S09A OR AS REVISED AFTER THE COASTAL COMMIS- SION REVIEW SCHEDULED FOR CEMBER Mli. THESE PRIORITIES SHALL BE IEVIEWEP AGAIN WHEN THE PIPE REPLACEMENT PROGRAM IS COMPLETED AND.NECESSARY AMENDMENTS SUBMITTED TO THE .LOASTAL COMMISSION. SECTION 6.� FOR PURPOSES OF AWARDING BUILDING PERMITS, ONLY THOSE DEVELOPMENT PP.OPOSALS WHICH MEET THE DEFINITION OF INFILL NOW IN USE -FOR WATER ALLOCALIWIS MAY. BE APPROVED, THIS DEFINITION WAS APPROVED RY CITY COUNCIL RESOLUTION Ho. 26-84 ON MARCH 12, 1984, SECTION.%, LAND USE PLAN POLICIES 6.01 THROUGH 6.08 HAVE BEEN DCSIGNED TO PRESERVE OPEN SPACE A ----',AGRICULTURAL I.AND WITHIN THE CITY•LIMITS, H-e5 POLICIES AND THE ZONING QR 1NANCS WHICH NOW IMPLF- .� MENT TH M MAY BE AMENDED OR REPFALED ONLY BY A AJORITY VOTE OF THE PEOPLE RT A R�GULAR OH SPECIAL ELECTIONi HELD AFTER FINAL APPROVAL OF AN AMENDMENT OR REPEAL BY THE CITY COUNCIL AND PRIOR TO SUB- MISSION TO THE COASTAL COMMISSION, SECTION 8, NONPROFIT PUBLIC FACILITIES (E.G. PUBLIC BUILDINGS, LIBRARIES, SENIOR CENTERS, ETC.) SUPPORTED LN WHOLE OR IN PART BY PUBLIC FUNDS ARE EXEMPTED PROM THE PERMIT LIMITATIONS IN SECTIONS 3 AND 4. SECTION 9, SEVERANCE, IF ANY PORTION OF THIS ORDINANCE IS HELD INVALID FOR ANY REASON RY A DE- CISiON OF A COURT OF COMPETENT JURISDICTION. SUCH PORTION SHALL BE. DEEMED A SEPARATE, DISTINCT AND ,SEVERABLE PORTION THEREOF AND SUCH DECISION SHALL NOT AE;F.CT THE VALIOITY, OF THE AEl!A I:II NG PORTIONS. SECTION 10, THIS ORDINANCE SHAD. SUPERSEDE ALL OTHER. ORDINANCES Ill CONFLICT HEREWITH. I,. THE FOLLOWING IS "A TRUE AND COP.RECT.COPY OF THE.PRINTED DOTIC'E OF INTENTION AND ACCOMPANY I NG ® STATEMENT: - _ - NOTICE OF INTENT TO CIRCULATE PETITION NOTICE is HrRr$r caVEM of - I • ] rO hlw dm of Vm ® RESOLUTION NO.77-00 RESOLUTION DESIGNATING THE INTERSECTIONS OF YERBA BUENA STREET - TIDE AVENUE AND YERBA BUENA STREET - PANORAMA DRIVE AS STOP INTERSECTIONS AND AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL ENTRANCES TO SAID INTERSECTIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersections of Yerba Buena Street - Tide Avenue and Yerba Buena Street - Panorama Drive are under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public safety, health and welfare to install stop signs at said intersections; and WHEREAS, California Vehicle Code Section 21354 provides for the installation of stop signs through the designation of said intersections as stop intersections. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the intersections of Yerba Buena Street - Tide Avenue and Yerba Buena Street - Panorama Drive be designated as stop intersections and that stop signs be installed at all entrances thereto; and BE IT FURTHER RESOLVED that the Department of Public Services is hereby authorized and ® directed to cause the installation of sign and markings appropriate to reflect these designations. PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on the 11' day of December, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: fTgDG7R ANDERSON, Mayor n 0 RESOLUTION NO. 76-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL ]MIUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 7TH DAY OF NOVEMBER, 2000; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday. November 7, 2000 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, for and manner as provided by law; that voting precincts were properly established; that 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 is WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 7, 2000, 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 City Council of the City of Morro Bay, California, as follows: 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 elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: • A Mayor of said City for the full term of two years; • Two members of the City Council of said City for the full terms of four years. 2 ® Resolution No. 76-00 Page Two 3. That said general municipal election was also held for the purpose of voting on the following measurers as submitted to the electors of said City: MEASURE "P" Shall the City Council of Morro Bay support a single phase project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? MEASURE"Q" Shall an ordinance be enacted so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or ® otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay? 4. That the names of the persons voted for at said election for the Mayor are as follows: Rodger Anderson Colby Crotzer Harold Curry 5. That the names of the persons voted for at said election for Council Member of said City are as follows: Bonita Chumey David Elliott William Peirce Betty Winholtz ® Resolution No. 76-00 Page Three 6. The City Council does declare and determine that: RODGER ANDERSON was elected as Mayor of said City for the full term of two years. DAVID ELLIOTT was elected as Council Member of said City for a full term of four years. WILLIAM PEIRCE was elected as Council Member of said City for a full term of four years. The required number of qualified voters voting on MEASURE "P" relating to support for a single phase project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards, did vote in favor thereof, and said advisory vote was carried. ® The required number of qualified voters voting on MEASURE "Q" relating to the enactment so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay, did not vote in favor thereof, and said measure failed. 7. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. S. 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. 9. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the ® respective office to which they have been elected. 2 L Resolution No. 76-00 Page Four 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the 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 City Council of the City of Morro Bay at a special meeting thereof held on the 5th day of December, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R A TD ON, Mayor ATTEST: B�IDGETtj_3AUER', DEC-01-2000 12:50 CLERK-RECOP,DER. El CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORO BAY STATE OF CALIFORNIA As COUNTY OF SAN LUIS OBISPO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 7, 2000, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the Office of Mayor and Member of the City Council and that the totals shown for each candidate for each race in said city and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this ay"'day of November, 2000. _� L. N' 411� L. RODEWALD, County Clerk -Recorder am ,. DEC-01-2000 12:51 CLERK -RECORDER [WEN CERTIFICATE OF THE COUNTY CLERIC RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORO BAY - MEASURE P-2000 STATE OF CALIFORNIA .ss COUNTY OF SAN LUIS OBISPO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 7, 2000, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in ® said city, and in each of the respective precincts therein, are full, true and correct. MEASURE P-2000: ADVISORY VOTE ONLY Shall the City Council of Morro Bay support a single phase Project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? WITNESS, my hand and Official Seal this a+/%AX day of November, 2000. . RODEWALD, County Clerk -Recorder 11 DEC-01-2000 12:51 CLERK-P,KMbE' R ® CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 7, 2000 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY - MEASURE Q-2000 STATE OF CALIFORNIA .ss COUNTY OF SAN LUIS OBISPO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 7, 2000, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in ® said city, and in each of the respective precincts therein, are full, true and correct. MEASURE Q-2000: Shall an ordinance be enacted so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay? WITNESS, my hand and Official Seal this' qq o� day of November, 2000. L 'JULIL. ODEWALD, County Clerk -Recorder E DEC-01-2000 12:51 CLERK -RECORDER P.05 11 s N 000000uc Noo•a.•oo vN Nre Nr+ NN � O C O 0 0 O O 0 0 0 0 n p a a a G � 2 9 n� � 3 rn s rn ;n u •n p O U OCCCCUCC Uc. `.ONO N U U to .n � N N -_ j O 3E N CCC C O N 00 r.%000 J- N N N N NN N J G � r V CCCCCUOO NCOONO �•�• N �r s V srn A m m m a 00000cocc caccoa o0 oc __ oo cn M1 �r l V y V A a srr �a c- J�-- a �L � J •O O •O ti] 0 0 0 C �. O O O H i. r i r� i r eN r r• 3: eN f � 'j ry I rN V X V ' ' P c• c• ^. :n �� Z a O S O o? o =o �` > � � a V > y •ai •a.. I n - C = O O C C O C o C O O r ® n� 1. n_ S n 0 � i m � 0 t-. O j O ` l 1 i ?�ao `O VJ n m 1 n rn � o w ,�U C DEC-01-2000 12:52 CLERK -RECORDER P.06 CJ C� J J J• J J %OOC 0¢ 002 S� V J O C C O V J C V C O v V J V V t.. � V �. • .+ In N� n n N COCCONOO NOCCNC N NN Nhi N1� d �•O � y d G .O .Q F s OOOC Gtn00 +OOC'n0 O� V In n o N ..• u Ir N N J N N N N JCC'�OC 00 J OpO J O J Y+1 '-1+1 J J O N u < o 0 ^ o N N cN N ?o 0N C� NCC OOONO.. C O = O t: N ' N N V V N W M'.�• w n� �z N N N N 0 o p o 00 ^^ =o 00 v� �� i• e• + � � i O� e•e v a a s J -' J N E tJ N a P a C C P C^ M A F a � � � � � � � � e • a` � 3. e< e � i e S +Ny IJ — J L yNy S L > L C t o L L C 4 J O O L O C 7.0 C •J N NN N N N N!` 3' is . N N N N N N N C O 1 n O n �G +1 a° z v G r mat7T m° o z � D CIJ G N r�rc� m� Z � n l.J l-J DEC-01-2000 12:52 CLERK -RECORDER 11 11 C] yU N lU/1 y U ✓• U Jt 'u� N O C O O O w O ON GOON O N N N N N N N N �c000000c ocoocG c� �o 0o c-' ococco,o oo voGcoo o,o co ova .:c iJ Aa N N N N N N N � A � <o 0 2�n DEC-01-2000 12:53 CLERK -RECORDER C-I v 00000 w 00 .•G JJw 7 �r a J V 'Ju u'J N O'J OOO NOO G OO N O NN NN NN N+J E IA Q r rr n n I z o rz^ > ~ V/ ar`-o Cz9 • > y rJ7 o O ❑ � R K i > O S�son i � y ) 7 17i U � n r-; a TOTAL P.08 0 RESOLUTION NO. 75-00 RESOLUTION DEMANDING SHELL/EQUILON/EQUIVA AND URGING THE REGIONAL WATER QUALITY CONTROL BOARD TO TAKE ALL NECESSARY ACTIONS IMMEDIATELY TO PROTECT THE MORRO BASIN WELLFIELD FROM CONTAMINATION The City Council. City of Morro Bay, California WHEREAS, pursuant to Resolution 65-00, the City Council of the City of Morro Bay previously declared an emergency condition to exist with respect to protection of the Morro Basin well field from contamination with Methyl -tertiary Butyl Ether (MtBE) being illegally discharged from the Shell/Equilon/Equiva Station at 1840 Main Street in Morro Bay; and WHEREAS, after nearly two months of attempting unsuccessfully to reach an interim settlement agreement (ISA) with Shell/Equilon/Equiva regarding this matter, on November 13, 2000, Shell/Equilon/Equiva misstated and misrepresented the character of the settlement negotiations stating that failure to reach agreement was delaying commencement of remediation when in fact, the City has repeatedly indicated that expediting remediation is a paramount goal; and WHEREAS, in order to expedite remediation in the fastest and least environmentally is damaging manner, the City has made the sewer system available for discharging MtBE contaminated water, declared a state of emergency to exist to expedite actions to protect the Morro Wells, initiated a project scheduled to be complete on December 1, 2000 to prepare the sewer line to accept the maximum possible amount of discharge, issued emergency permits for site assessment activities and offered to issue further emergency permits for site remediation activities, in the absence of any ISA with Shell/Equilon/Equiva; and WHEREAS, Shell/Equilon/Equiva has not yet implemented ay measures to protect the Morro Well field from contamination and has not submitted applications to the City for any permits to commence remediation activities on or off the project site and has not responded to the City's November 17, 2000 order by the Director of Public Services requesting that Shell/Equilon/Equiva certify in writing to the City that ten key issues pertaining to the contamination are being adequately addressed. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that Staff and the City Attorney are hereby directed to commence enforcement actions against Shell/Equilon/Equiva as deemed appropriate pursuant to the order issued by the Director of Public Services on November 17, 2000. The City Council further calls upon the Regional Water Quality Control Board to issue all necessary orders to ensure that Shell/Equilon/Equiva's illegal discharges cease, all contamination is removed as rapidly as possible, and all available measures are taken immediately to protect the Morro well field from contamination. The City Council ® further directs that any enforcement actions taken by the City shall be coordinated to the extent feasible with other regulatory agencies to cause Shell/Equilon/Equiva to take all necessary steps 11 r� L to protect the Morro Well Field from contamination from the illegal discharge of MtBE from the Shell/Equilon/Equiva service station at 1840 Main Street in Morro Bay. BE IT FURTHER RESOLVED, that the City Council condemns Shell/Equilon/Equiva for its repeated efforts to delay remediation of the contamination and again demands Shell/Equilon/Equiva and urges the Regional Water Quality Control Board to act immediately to: (a) ensure that the citizens of Morro Bay are not burdened with any incremental costs because of Shell/Equilon/Equiva's contamination; (b) provide the citizens of Morro Bay with a replacement source of water to fully off -set the water that is no longer available to the City from the Morro Well Field until risk of MtBE contamination is removed; (c) provide the citizens of Morro Bay with appropriate indemnification and protection for its potential acceptance of treated MtBE contaminated waters into the sewer system and for implementation of the sewer repair project; and (d) proceed in the most expeditious manner to remove the contamination so that the City's unrestricted use of the Morro Well Field is restored. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27`s day of November, 2000 by the following vote: AYES: Anderson, Crotze.r, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: ] 1.11 WE r .y�VR ANDERSON, ® RESOLUTION NO. 74-00 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 35W-36W FROM ORVAL AND GEORGE LEAGE TO W'ILLIAM MARTONY AND BERNADETTE PEKAREK THE CITY COUNCIL 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 35NV-36W: and. WHEREAS. Orval and Agnes_ Lease are the lessees of said property: and; WHERAS, Agnes Leaee passed away and the lease is now held by Orval and George Leaee: and. WHEREAS, the Leages have requested approval of assignment of the lease agreement for Lease Site 35WJ-36W to William Ivlartonv and Bernadette Pekarek: and. WHEREAS, the lease agreement for Lease Site 35W-36W requires City approval of any lease assignment. and. ® WHEREAS, the existing lessees are current in their lease payments and the proposed new lessees have agreed to complete required repairs and maintenance to the dock facilities on said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 35W-36W from Orval and George Lease to William Martony a nd Bernadette Pekarek is hereby approved and that the Mayor is hereby authorized to execute said assignment documents. BE IT FURTHER RESOLVED, that said assignment approval is conditional upon receipt of the necessary assignment and assumption documents and approval of said documents by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13" day of November. 2006. by the following vote: AYES: Anderson, Ctotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ANDERSON, MAYOR E ASSIGNMENT OF LEASE For valuable consideration, receipt of which is hereby acknowledged, the undersigned, ORVAL LEAGE, )"Assignor") hereby assigns all of his right, title and interest in that certain Dock Lease which commenced April 15, 1982 and any valid amendments thereto or extensions thereof for the leased premises described as a portion of Lease Sites 35W and 36W, adjacent to the real property commonly known as 235 Main Street, Morro Bay, California, to WILLIAM J. MARTONY and BERNADETTE J. PEKAREK, husband and wife as joint tenants, ("Assignees"). Assignees agree to comply with all terms and conditions of the Dock Lease, attached hereto as Exhibit "A" and to assume all liabilities and perform all obligations required under the Dock Lease. Assignees further agree, to the extent required under the Dock Lease, to defend, indemnify and hold the City of Morro Bay free and harmless from and against any and all claims, lawsuits, costs and expenses, including reasonable attorney's fees and court costs arising from, or in any way related to, holding, using or operating the leased premises; and further agree to maintain liability insurance in the manner, form and amount which may be required by the Dock Lease, with the City of Morro Bay named thereon as an additional insured. ® Assignees further agree to provide to the City of Morro Bay all documentation, any, required to be provided by Lessee to Lessor under the terms of the Dock Lease regarding Lessee's business operations on the leased premises. Assignor confirms to Assignees and to the City of Morro Bay that he has no actual knowledge or reasonable cause to believe that any hazardous come to be located on or beneath the premises during occupation of the premises which is, or would have be California Health & Safety Code §25 Dated:8 substance has the term of Assignors' en, reportable pursuant to ® The City of Morro Bay, Lessor named in the Dock Lease, consents to the foregoing assignment on the conditions set.forth above. Upon successful completion of the execution of the Assignment and any related documents, the City of Morro Bay hereby releases ORVAL LEAGE and GEORGE LEAGE from the performance of all future obligations which may arise under the Dock Lease, any amendments thereto or extensions thereof. Dated: 11-14-00 CITY OF MORRO BAY Approved as to form: By: Robert Schult , City Attorney E /ojer'cdefrson, Mayor RESOLUTION NO. 117-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - MORRO BAY, CALIFORNIA, GRANTING AN APPEAL AND MODIFYING THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR A VACUUM TYPE FISH OFFLOADING DEVICE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 16th day of September, 1985, hold a dulv noticed PUBLIC .HEARING, after which they approved with conditions the request of -Orval Leage for a Conditional Use Permit to allow a vacuum type fish offloading device for property located at 235 Main Street in the WF/PD zone (Case No. CUP 30-85); and WHEREAS, on September 26, 1985, the applicant did appeal the Planning Commission's. action requesting modification to certain conditions of approval; and WHEREAS, on November 25, 1985, continued from October 28 and November 12, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission's report, a subcommittee's recommendation and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons justify approving the appeal and modifying the conditions of a roval: That allowing limited ISunday hours is reasonable and necessary for the conduct of the business and adequate protection to the surrounding neighbors from noise impacts can still be afforded by the other conditions of approval. ®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 the appeal and modifies the Planning Commission's approval of the Conditional Use Permit (Case No. CUP 30-85) as shown on Attachment "A" which is attached hereto and incorporated herein by this reference. R 3 City Council Resolution No. , Page Two PASSED AND ADOPTED, by the City Council of the City of.Morro Bay at a regular meeting held hereof on the 25th day of November, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None - ABSENT: None - w B D ZEUSC R, Mayor ATTEST: GARY NAClerk i 2 C%IN ATTACHMENT "A" SPECIAL CONDITIONS (Case No. CUP 30-85) Q7. The applicant shall submit a recommendation from a noise engineer for installation of additional sound insulation within the machine enclosure to the Director for review and approval. Prior .to operating the machine (except for short term tests approved by the Director) the recommendation of the sound engineer shall be implemented \ (ie: installed and inspected by the City staff). S. The subject machine shall not be operated on Saturdays, but may be operated on Sundays but only between the hours of 12:00 'p.m. and 4:00 p.m. . 9. Use of themachineshall be permitted on Monday through Friday only and shall be limited to the hours of 8:00 a-.m. to 6:00 p.m: - 10. No trucks used to trans�ort fish unloaded by the subject machine shall be loade or unloaded, driven onsite or allowed to run their mo tlrs between the hours of 8:00. p.m. and 7:00 a.m. 11 Truck traffic for transporting fish unloaded by the subject _ machine shall be limited :to not more than five (5) trips to and from thesiteper day: 12. Any sound attenuation enclosure or similar structure shall be of an attractive design visually compatible with the surrounding area, subject to approval by the Director. 13. It is recommended, but not required, that the applicant .. consult with a noise-controlengineer for a plan to reduce . ® noise to the specified levels to reduce the risk of proposing solutions which fail to meet the standards. 14. Subject -fish offloading machine shall be enclosed on 3 sides and a roof with sound -dampening insulation, subject to obtaining a building permit for the enclosure. 15. Applicant shall provide to the City a sound measuring.device so that the City can test and enforce these provisions. The type and design of such device is subject to approval by the Director, cost not to exceed $500.00. . 16. The term of this permit shall be to April 30, 1986, onlyand shall expire on that date unless a renewal of this permit for the continued use of this machine or any alternative one is. obtained from the Planning Commission after a.duly noticed public hearing and subject to what ever conditions the Planning Commission finds reasonable to protect the public health, safety and;welfare. 3 CITY LEASE: SITE 35-36W ORVAL LEAGE cp AGRAPii DESCRIPTION PAGE n 2 '^ 2 Pg. 4 ' .erty Description- " pg. 2 41 2 Term 11/1/69 Rental (CP11 1957-59: = 124.7) pg • 2 1 3 pg. 3 4 Use Conducting of Business (Hours & Days) pg. 3 5 5 Pg. 3 Il 6 Operation of Business - Pg. 4 9 7 Violation of Trust pg. 4 4 8 Security Deposit _ Construction/Improvements. pg. 5 5 9 Construction: Security Deposit/Performance Bond pg. 5 -1 10 (N/A) Pg. 5 q 11 Encumbrance pg. 6 '1 12 I ndemn„y Removal of Znstallaticns/Zmprovemerts pg. 7 T 1 13 pg. 7 S 14 Maintenance Revetment Maintained by.Tenant pq• 8 15 Il pc. 8 .'d 16 *nsnectiOn . *C1tV Liability for Maintainance pg. 8 Il 17 pg. 9 Il 18. Ass ignment/Sublease pg. 9 Il 19 Bankruptcy/Security for Loan Transfer by Will/Probate Sale pg. 10 - 4 20 pg. 10 q 21 Taxes/Licenses, PermitFees P4. 11 .Il 22 No. Liability to City nq 11 Il 23 Liability & Property Damage pg.12 ' _ q 24 Workmen's Comp. insurance pg. "12 71 25 Fire Insurance" _ Rental/Lease Slips, Motel Accomodations _ pg. 13 9.26 Termination - City Bound to Sublease pg. 13 Il 27 pg. 13. 9 28 Default pg. 14 g 29 Attorney's Fees pg. 14 Il 30 Taking Title for Eminent Domain pg. 14 Il 31 Compensation for Taking Pro -Rated if Terminated Under Il 30,31 _ Pg. 15 Il 32 Rent of Rent Not a Waiver of Breach pg. 15 Il 33 ®cceptance pg. 15 Il 34 Notices in Writing DESCRIPTION - PAGE 3 a .2AGRAPH ;rms Binding on Heirs Pg. 15 1 35 .emaining Provisions in. Full Force 6 Effect Pg. 16 4 36 - :f Any others Invalid Time of Essence pg. 16 q 37 Hold Over After Expiration Pc. 16 9 38 Modification/Ammendment Pg. 16 1 39 Special Provisions (1 41 - 46) - Pg. 16. 40 Compliance with Use Permit/Public Access pg. 16 9 41 City May Elect to Construct Additional Docks pg. 17 9 42 Tenant Has 1st Right to Construct Docks Pg. 17 91 42a City's�Rig ht to Terminate if Tenant Elects Not Pg. 17 R 42b to Construct Docks No Operation of Refrigeration Units During pg. 18 43 Evening Hours - Formalize Boundary Line Between Tenant Property Pg. .18 11 44 & Tideland Property Correction of Building & Zoning Code violations Pg. 18 .4 45 Payment. of Back Rent Pg. 18 g 46 Pg. 16 !.j 44 Public Access - Encroachment on Lease Site 9 45 - (Added by Amendment: Res.- 73-77) • G,NN��� L E A S E 11 THIS LEASE is made and entered into by .and between the C7,TY 0? !"-OBRO BAY, a municipal corporation of the State of California, herein called CITY, and Orval Leage and Agnes-Leage, 235 Main Street. N.)rro Bay, California - herein called TENANT•. WIT_NESSET_H. . SvHEREAS,_the State of, California granted certain tide and submerged lands located within Abe city limits of CITY to the County of San Luis"Obispo and to its successors; being Chapter. - .1076, Statutes of 1947, as anended by Chapter 413, Statutes of - 1955, Chanter 1874�, Statutes of1957, and Chapter 70, Statutes of .1960, first extraordinary session; whic'. Statutes may be amended from time to time by the Legislature of .the State of California; WI-1 of which Statutes are expressly recognized and agreed to be n iu11 ronce an(. i effect by the parties hereto; and ' :n _ 3iiZRBAS, the. parties hereto recognize and agree that on July 17, 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 saki County by the State of California pursuant to the above mentioned acts; and .WHEREAS, judgment has been entered on October 14, 1969 .in the case of CITY OF 14ORRO BAY, plaintiff, versus County of San Luis Obispo; and State of California, defendants, by the Superior Court of the State of Ca}ifornia _.. ,nd £or the County of Saa Luis Obi-apo, z30417, ndjudgin; and decreeing, among other thinas, that the title to said tide and su`,:r rged land-, so conveyed by the Sate set California to the County of >an L_ Obi"spo in trust, i :. forth above, pr.ssed automatically to ..he CT_mv pg NOR�O EAY on the date of its incorporation as a CITY on the 17th eav o` •Til'., 1964; and_ ' tiWithin Iease with S4HEAEelS, TE?7A-NT accepts e kr.o•.rledge that there. is no �•%arranty of title in w^-d to she ��it'r.ir_ . CITY to '"'•'...1 1 and . described premises by . . to deve_op and improve the Morro Say in order n car_ inc-out the provisions of the `c'e- Harbor, and to assist rY- _ . ;i;� f land grant as a_`oresaid, and in order to provide '-ac__- '-es-. °r .the accem.�odatior. of those using the Bay t Harbor, CITY leases to_ms . „th'n-described property upon each and all of the e T7NA�,= the w" a. as `herein set forth; I1 of the covenants to be hOt4, T`iE?tEFOP.E; in onsi-zration 7-. .� b T� p?dT to CITY, CITY case-and 'he rental to be? pa= Y mE, to .leases fro. CITY., the within described premises to TENANT, and NA_T -- as hereinset forth: _ - 1. The proper'y subject' to t'r s lease is described as: that portion of Lease Site 35Y; aid.36': extending 50' to sea:aard as described on Exhibit p" entitled"Description of a portion of ease Sirl te 355:" attached hereto, and Exhibit "B" entitled "Description ei a portion of 'ease Site 35"" attached " de;ineated on City hereto. This property is a portion of '_ease Sites 351i and 35 r : b 3esolut on No. 77-74 of F?orro Bay Lease Sites Flap. Sheet'i:'r..ber li of 13, a opt=< Y dated 12-09-74, an extract of r:hich is zt:zch=_d hereto as Exhibit "C" y• tern o_ this lease sha'_1 beThe and terminal-_ng years, cos�encing Aori1 15 1982 - unless sooner c,itLout notice on-Februar 28,_ 20^ ' terminated as herein provide. . in la:ofnl _ :he .rental is. pzyzble by TENANT to CITY 3 ted States, _ the aim° and in the arnon^'-s as the Bn; money of - -2 E 11 �_ A attached hereto, without deductions, delay, -.�orth _n Sc hedu_^ _ . or offset. . the leaseg. 4.TENANT agrees that the princ�- use of _� premises shill be: construction, maintenance and operation'of whir{ {yciliti=s""for he unloading of fish, docking o`*boats, unlozding and loading of supplies,".equipment and cargo .of conmercial fishing boats. li'1i5 y directly"allied uses to ,.he Foregoing :nay be'made o: Lthe and i - .£ ,. but no ottier uses are permitted o:itl'-out i`st premises'-by:--E13�iTp i . securing ,the writte- consent of CI4Y to such change of such"permitted .. _ uses: TESAVT"shallcontinuously, during the entire term hereof; conduct and carry on TENANT'S e£oresaid business on the -� demise premises and sha11 keen said premises open for business" -" ..- ... thereon during each and - and cause such business to be. co" . ti or hours each day as is customary For such n every business day L....er o_ for businesses o£ like character _n- CITY, or as customary for _like . .. the State "of California, where" bus-5 ^.es s.es in other harbor areas o£ there business.located here is no such conga =-- the CITY Or ?'-0��0 DAY; provided, however, that this provision shall not apply i£ - the demised l be closed and the business OF- TE\ANT orenises shal is being temporarily shut down on account o£ strikes, eralkouts, fo- r not over three (3) _ - >FAt:T, . or causes be_-ond the con, of o-r " n officer, er..p loyee, or close days out of. respect to the r:.emory of a _ TEVrl@'. or employee o- T relative OF any officer . TENANT shall p?erae TE'.`+A;iT'S on th tbusiness e dam i_sed premises with due dilice_-ice .and efficiency and z. 1i::e. ,.able businesses ir. C__Y are operated, so as to .. manner as comps_ produce all of the gross sales ant gross receipts from services which may be produced from TENANT'S business; anal TENALST at aL'_ times shall carry on said premises,. a stock of merchandise of such size, c5aracter, and quality as is reasonably designed to produc - the maxim•_m return. to T N.ANT, whe- sales of goods and merchandise are a permitted purpose of this lease. 7 . If at any time aur_ng the lease term or any extension. thereof,`he.tenancy hereunder is in vio'-ation of the truss purposes under which the premises or any p^rtion thereof are -held by CITY _ nursuant"to the grants from the.5tate o_` Cali`_ornia as set forth oa Page. `1o£ this lease, CITY shay- have the right to terminate- the violating uses upon giving ninety (90).days written notice.to TENANT_. - $,� TEVTVT at all _mes during the lease term shell - have deposited with CITY"a suit. ec•-_l to twenty-five percent (25,) _ o£ the then current minimum an(u.a' rent: Thissu^ "shall be held by CITY as security for the fat`.:-'�l-?er`ormaaceby TENANT of a11- of the.terMs, covenants, and con2_tiors of :his lease by said TENA_�iT he.lease term or any renewal to be.kept and performed.duri.- - thereof. .Ire lease term any of the rent herein reserved shall be overdue and unpaid, or env other sun - payable by`TS?�%NT to CITY hereunder shall be overlies and unpaid, then CITY may, at its option, appropriate and apply any portion of said deposit to the payment of ._ _ sech overdue rest or other su.^t_ In the event of _. failure o£ _ AST to keep and perform all of the terms, covenants, and condit=ors of "- CITY 11 C raJa11 0£ the rental herein provided rd cond_tions.and p-omptly p or as it falls due, -and all oO ther sa.^s payable by TEVA`;T to CITY - hereunder, the principal sum of said deposit, without _nterest, . shall tie returned full to TE\A'..T. t the end. of he term of . this lease,'or upon the earlier termination o£ this lease as here_^. provided.. _ '.prior to the comm, ofa...y p==ase of future m . .. :. "mSNil-vm shall submit to the ?•:orro Bay planning .'construction; - ' "Commission m. fcr .a?pro-lal and recomenda_;0 to the City Council, development and improvem..en' plan £or the lensed premises which _ shall provide..for ."the ful'_"and complete development o£ the leased premises; showing all facilities, . structurss,"lan ds c.zping, or other ._ _ improvement­b>_ constructed:or installed on each portion of the leased premises-, and shall include a"detailed estimate of ��-k=e"cost insta'_lation o£ such ._^..provements. and a detailed of construction.and schedule "showirc"the_.proposed commencement and completion date .of. �ach phase:of.the' development and improvement. ' '10.• prior_ to the commencement of�any construction, TE?:Ai:Tshallfile with the Morro Fray City Cler a final detailed _ estimate"of the cost of construction and instaliationof improve= ments on the leased premises and -post a cash deposit _n an amount "ecual to ter. percent (1.0 ) of the total of said final cost estimate m in an interest bearing account .:hich shall be deaosited by CITY - - tut ion se le ctec by TENAN with a savings insci _ -.- In lice o` the "cash deposit_ aforesaid,. TE\v;T_ Tay with the Morro Bay City Cler'.< a "£zi th`u1 nerPo'_ . ance bond, in a " _'s£actory to CITY, in the face - form and, with a surety comoany sat- . the i r.al detailed cos` estimate, or other mutually. amount ecuai _ to e - t satisfactory a�ranaer..en_s. .. YC '-hat TENANT may r. agrees CITY -hereby conse _ncu:c`o ere lease, lease:+.o 1� est=te, arc °---- ;.,pro-v�mants them=o r. deed of `_us t,_mortg age, o- o ";,er. security instrument to . by a insure the 'Pay ment of the promissory note of TrNItT_ TENi,_VT agrees +o Prom notify C_iTY Of any such hypot'.'-ecatio. or encum- brance and tv provide CITY with a copy of any sich deed of trust, . per sego_^_ty instr•_ - T-1 the event said deedOf.. mortgage, or ot� . � an time or tgage, or other security- instrument should Y YY what vpoa the £; ling OF a l,t . the CITY hereby access _ , . be: in def au �.. ,. .. � - - written appSication for consent to the assig^ment of this lease to or to a ?'=rchaser for valve or assignee the; lending ins titutio.^., '1 give itsconsent to .such . to the lend i^.g institution} -.CTT_ . 9 . rho-os =_ctive assig^ee is financially ass.. man" on condition that = ?. - the Yoe of. business permitted reliable and is cival'fied to con d'=ct � under. this -lease.. All money loan-ed on the property sha 11 be used .. solely for improvements construcad on the property and the lender shall establish an appropriate construction escrow account to assure application of loan proceeds to i-.?rovements on the premises. The CITY. agrees not to unreasonably x_-',,old its consent to a request.to encumber the property in conne tion with the sale of the property provided the encumbrance in, es an absolute and unqualified agreement to subordinate to any future loans for purposes of improvements on the oremises and provided further th=_t the note secured by an encumbrance on the lease si.te shall relate!to t.e lease site only and represent that portion of the.purchase pri- relating to the leasehold premises only. .12. TENANTagrees tha _ wal a'o all t times save C:rmy - free and harmless and i. ndemn; 7fv '_t against all c'_a: s for labor or . repei_s, or. alter- matcrials in connection t,`_tha.^.}. ove;"e^t, ations o.^.'the 1.^_'sc,' prem!s es, cost of defe.^.ding against scch claims, including reasonable` attorney's . fees_ . in ..t*.e event that any lie. ^" levy of any nature whatsoever. is filed zg ainst thz leased nra�ises or the leasehold interesi, V L11 C11 TENANT shall be required -to deposit with CITY a bond conditioned r payment in full of all c3@ims o5 which..^. said lien levy has Wo. been filed. Such bond .shall *�e acknowledged by TSN, as principal. - corporation, Lcensed by the Insurance Commissioner of the - .and by a I . businessto transact the business of .a fidelity and surety State of "California . insurance comnany as surety. 'CITY shall L+ave the right to immediately the event he bond required by this paracraph. _. terminate. this lease. _-. - . wi` da �f}e-.the -has not been .deposited •.pith CITY ten. ('_0. Ys _ n mortrace or t1e 5er.ef i.ciary in any filing o.`. such lien or levy. , aA:ict: mor`_ezop or e.eed.o_` trus'_ is on record wi deed of trustth to - =e such a bond on be`�alf of TENANT - CITY,. shall have the right 13. 7,11 structures, -installations, or improvemeents of ises by TSNa-*IT shall, any kind which .are placed upon the leased prem -5y TB�ANT c:ithin sixty (60) daysat - -the option of CITY, be. removed . -term of this lease (inclriding any after the expiration. of the - v gives extension thereof). or other sooner termination providing. ClT--. o 90 days prior"t the ..�otica in writing, rot later this. ni.^.etY ( } Y s decision to racuire_ that such expiration. of "the lease term, of ' — be removed. if ulis imnr*oven==-nts - lations or improvements within said fails to remove such instal sixty (60) daysS CITY shall ha the right to have such .install— . the expense of TE\ANT- If CITY ztions"or improvements removedat - . ' .. then the title to such"installati.ons does net exercise. such notion; provemsn is excluding all "m -es, appl-ancas; . and trade or a,- , n . TENANT, shall vest CITY., and �;x-ures olaced.on the prem_ses by _ " ._.. - and TENANT - - trade ,.fixtures, Tom: except for s�:ch. machines,_ appliances, shall not remove.'any such ia•nroce:^"e-^•ts. . 14. TE:?:A?7T sha'_1, zt its sole cost: weep and maintain o� •.•atever kind_,. th a'_ may be now t2:e ora^is.s and all imPrOvemerts .. - . or },.;r,..a`::er erected, installed, or otl erwise made hereon by - -7- E Ti;N _+T, in 'good and sznitary-order anal condition, and shall make' { TEN:`+�i? iurthar' " all necessary, repairs and alteiaticns"thereto. . - shall provide poper''.containers _`or trash and. garbage and keen the r " at all.t times free andFclear o_` rubSish; debris, ancL+'tter. . prenises" - . 15. TENANT.covenants and agrees to keep --- ?toper main- tenance and repair all bulkheads or seawalls in the ?^.orro -Bay - Harbor abutting the demised - emises�at TENANT'S sole cost and " expense and at no cost to CITY.' TENANT accepts the bulkheads and _seawalls in their existing condition and agrees to assume maintenance and repair for conditions that have. developed prior to the lease term. . That. 1s, TENANT will pay ,all cost -of repair and maintenance of the - bulkheads and seawalls however and whenever arising from the date of the lease forward. " - 16. CITY .reserves the. right to enter upon the premises, -or portion*thereof, -from time to time, _`or the curpose'of . ny inspecting or repairing any faci'_ities ovrned, operates' or con- trolled by CITY and -`'or the purpose of establishing, extending, or - rebuilding scatwall, euaiwall, bulk ead, or -^.foie; conducting - dredging operations; or otherwise to make any s`=ch repairs or _ . inorovements as are necessary_to the contin•2d maintenance or " " - repair of Morro Bay"Narbor.1 CITY'S cost of maintaining or repairing the bulkheads or seawalls, if CITY elects to make necessary repairs, will be charged by CITY to TENANT as lease rental. Hight of entry includes .TENANT'S consent to doss" adjoining upland property owned by TENANT, This right to cross t e adjoining uoland property applies to " successors in interest to thisllease"who own or have a substantial " -direct or indirect ownership iri tcrest in the upland property adjoining " the lease site and binds TENANT'S adjoining property. ' 17. Excepting only.as in this lease expressly provided, . "CITY shall have no duty, obligation,. or 1'-a1:,ili tv whatever to care for or maintain the premises. in the event teat, by any express .. . a_ Y agrees to care for or main.._-. any pro,; s_on of his lease, rrm _g m art o_` the premises, suCh.agreement on the part of CITY shall - 'on or. liability cahatso- con.st_,. _ a- coves^.t only, zrd no oSligat= _ Y� c reason thereof ever sha.li-exist on the pert of CITY unto TENANT by - - unless CITY fails to COTmence nerformarce of s.:c9 obligation with receipt of a. wri tten- notice from TENANT. - reasonable diligence after pt _ ig, TENANT shall no assign or transfer the whole or any pa-` of this !.easeorany .,erest therein, nor sib -lease the whole or any part'of the leased oremises, nor pe�-m:.t transfer. of the lease or possession of the; leased premises by merger, con - - .�eo lidatio ncornoration, or dissolution, nor permit sale Ofa. controlling interest SOit:!OL`.`. the consent .of CTTY, .evidenced by - "resoletion, first had and obtained.. It is xutually agreed that . �_�• bf the ersonna:.ed herein as TENA�7T the personal cua_i__cat.ons.- person of tl: i., lease and is a part of the consideration for granting - said party does hereSY agrce.to maintain active control and super- v ison of the onarations bonducted or. the '_eased premises- CITY. - ®shall not unreasonably or arbitrarily.withhole its approval to the - - assignment or transfer of this lease to aIn assignee who is financially reliable and eualifieZ to conduct the business for whi ch'.this lease was, granted. . 19. , other`han. as Set.rorth ir.this paragraph, neither the leasehold no any `i^.teres`' therein of TENANT shall, without r be ssi.griaSle or transferable in nroceedings the consent o- CITY, . against TENANT- in execution, bankruptcy, insolvency, or in a by or . any other manner -by operation. of law. -In the event of TENANT'S bankruptcy or other insolvencyproceeding against TENANT, this lease shall, at the option OfCrTy, immediately cease and :terr,.irate and all-righ ts. of TENANT hereundershall immedi a:tely cease and terminate. 'in no event shall this lease be or be treated as, a^ asset of TENANTafter involvency of adjudication. of bankruptcy. Nothing herein contained shall defeat any loan made to TENANT by any financial institution or other lender -for value: This lease may.:be assian-ad by TENANT as security for a loan. for the imorove- meat of the lease premises _`or ..e business permit-ed to be conducted therein.. in. the event of default by TENANT of any loan payments to'any financial institution. on. other lender then, upon written iecuest to C_Ty '-CITY willpernzt-the assignment of such lease to such financial institution or other lender for the balance of . the term of this lease, prov°idirg suc'-. assigner maintains each, every', and -all. of the terms and conditions of this lease, including -`payment of rental. Ic istheintention-of _ C_TY to cooperate wi t'r. TENANT in securing adequate financing for the full development and utilization of the lease premises, sub;ect to - of terms of the tidelands and submerged lands trust. 20. `.:qt?ling herein contained will prevent the transfer o£ this lease by. will, or by o?eration of law ender the intestacy prov is?.ons of the Ca1i`ornia Code. as it may from -_me to time be amendee., so lone as any such snecessors are -reasonably qualified to conduct the business and maintain the t._ ms and conditions of this ?ease. Probate sale o_` the _=as�:old interest rri.11be nermi� ed, nrov;ding-thee buyer is reasonably satisfactory from a financial responsible atld hu s.i Hess c_aL='£icati.on standnoint with CITY. 21. 'PEDANT shall pay, before delinquency, all taxes and assessments levied upon or. assessed to TEN*ANT or the leased premises by reason of. said lealse.or of any appliance, improvement,. or other development of any nature :r'. ats o ever, -eiec£ed, installed, or maintained by TEN 1dT or by. reason of the business or other aotivity of TEE AN'P upon or in co^^.echo a. taitih said premises; and TENANT shall pay any _fees imposed by law for licenses or permits for. -any business or. activities of TENANT upon the leased premises_ -10 E he term "taxes" includes possessory interest taxes.. ... 22. ..C_`"1"shall not .be held 1_able for any" da*aage to the goods "proper ties, 'or effects of TENANT or an_v. of TENANT'S reoresentatives.,-zeents, emgloyees,.guests, 'licensees, ..,_tees, "o_ any other person whatsoever,.ror, for mersonal injuries to or -deaths of"any. person caused by or resultnc from any act or cmi.-.o io. of any perso^ ��is ing ;out" of 'TE\A\T'S use of the lease- .. hold premises. TEN?NT acrees to _nd�mrify and save CITY and ats author ized"agents, o`ficers, ald employees free and har*aless from any of the foregoing li abilitiis and any cost and expenses incurred by "CI3Y, on account of any claj or cia'_ms therefore, including reasonable attorney's fees. - 23. Additio^ally to and independently 0- aI.I other pro- this lease TENANT shall, at _ts own cost and"expense, vl.slons o- _ fort hca ith after the ereca`_ion hereof,- procure a policy or Policies -ope_� damage insurance,. `of.comprehensive publio.liability and p_ �`Y 2CC,.000.00 for injuries to or death �ai th the limits of .not less than $ of any one (l)person,. and $500,000-00 for in}ur.es to. or death of zn}. two (2) or more persons, and $75,000.00"for property damage," issued by insurers approved in writing by CITY whereof CITY shall. be.the named or additionally named insured -' The."terms of said policies may be for such Period as shall be designated by T.-..AN_, mon`ps prior to.the expiration . .provided, .however-, that wi�:hir.; two. (7 ) of -such insurance terms, TENANT shall procure other policies of seid insurance so - that between theexecution of this lease and the and t?�rou bout the entire lease commencement of the lease term, ,g or any rene.0 al thereof, or until the .sooner termir.ztion hereof,. CITY shall always be a.named insured.under the policies-Of.compre . -pensive public liability and P"oPerty damage inscr`ance in accordance .with the. foregoing. Certificates of -said i^-surance, together wit^ .the receipts for the payme•^•t o€.nre -ms for.the terms thereof, 11 shall' be delivered to CITY within ten(10) days after the execution. reaft`er within thirty (30) days prior to-the of this lease, ��td, the the arm ofeach - no_ eat.. snc: ;cy_ Said policies shall. 1_ '-eXp'rati On .O'F � - . .cohtain.a non-cancellation-withow_t-notice clause and shall orw3_de that copies"of a'll:cancel'_ation notices shall be sent to CITY prior to the expiration or'cancellation-of the term of such policy. CITY shall be named as additional primary insured under all liability 'oolicies without offset against CITY'S existing insurance and the certificate.of -insurance shall iso recite. TFNANT covenants that it shall maintain at _its� own e::pense zad..):eep in_ full iiorce and effect during the term of . 'this lease, i4o r.:t^an's'Com?ensatio^. Insurance as Provided by law. TENANT shall provide to. CZTY a'cert ificate of such Wo:kman's Compensation. In s ura nce together with a provision for thirty (30) days prior notice to the CITY of expiration -or the cancellation of any such policy. t-,e lease term, shall 25: T at all ".:raintaia .. eff'=ct, at itsown cost„fire insurance with an extended '.eoverage'endorsement,,'approved . riti.^-g 5y CITY, in a. amount equrl to atleast ninety percent (908) of the insurable value o_- . the premises ocened by the buildings and other imarove.^.. e.^.ts on 'TENANT. Said":policies steall conta`_n.a non. -cancellation -without - `ha_ copies of all, cancellation notice cla�_se and shall provide _ notices .shall be sent to C_,_. . All -f.ire insurance money received by either party shall perfo,.manoe by TENANT of i is obl.icati-ons . be. held to secure th_ - . ir, ren)-ace, or reconstruct any of its under this lease to repa bu_1 din.rs, installations, or o`_her improvements 3.0cated or. the - ed. Tne premises tha_ have been da!�eged pr destroy insurance nrocceds shall be used to repair, rco'_ace, and reconst-_,•ct can bui ldinp on the demised Jre^ises so .._nay^<'- by fire. No'hing any herein contained' shall .regc_le _S2: Alt toe;:oer.d ^ore than t:'.e fire 11 �nsurance proceeds for such purposes_ .. - 26. "Notwithstanding any provisions herein to. the contrary, the terms "assignment", "sublettinc", "occupation", or "use", shall.not b! : ors trued or interpreted to mean. or include" the. renting or leasing of boat slips, mote!, hotel, or apartment accosanodations _ oa the pze wises. T-he renting oz"_easing of boat slips and motel or -_other accommodations shall co- antler ap?li cable governmental - - ... - regulations; and if TE?::NT rents or leases � any such boat .rules" �.^.d regu_�•�� �-� ' sli_nsor motel or Other acco:nmodztio ns, contrary .to such rules and lations, _,less suc3 violation shoeld,be corrected within ten Y�J` - rCT: �T`T, C?TY reserves right .(10) days a`te::wri.tten notice to _ .. to ca-^.cel-said lease:. of any su'^ sl'_?, motel, or other accoavcoflation rented:cortrary .tosuch"applic i5'_e rules and recu lations,ard TENANT oti1'_. refund -`.any advanced rental. ";. 27, mermira tion :of t•^is ease prior. ,to expiration of the -le aseterm shall_"rat serve:,tocancel approved sub -leases, but _®'sr.al.l onerite as an assignment to .CITY"o_` a^.y and all such sub- ' .. � - - .: shall terminate - "1 clP.d" no - ail -rights of TEN?NT `. -=torte Y_ _eases shall pass to CITY. .CITY agrees to be bound by the -terms of said sub -leases so long as sub -lessees Ore not a. de`ault=n the perform - of said .s•. ance of the obligations b-=eese . Sublessee shall connly with all the terms of this lease and no sublease shall be inconsistent with - or extend beyond the term of this lease. Subleases shall be submitted to CITY for CITY'S prior approval. f ede• in -the perforsr.ance. of the Zf� any debe m.. - covenants, conditions, or,agreem_nts hereof, or should TMI'ANT ary.manner tha uses and purposes _`or which fail to fulfill in the premises are leased as above stated, and such def avl t".sha11 . i . not -be cured within thirty y (30) cays after1,7ritten'no-tice thereof, CITY shall have the option to _a ._..e_.ately terminate this lease; and that in the event of sucterniratio^, T��`AVT shall have ro h%� i further rights hereunder. and 1'='.:2'" sh a 11 thereupon forthwith _13- s -remove from said premises and shell have .no further right orrclaim- i thereto and said CITY- shall imine=iate!y thereupon without recourse to the courts have the.right"to re-enter and take possession of the leased premises.Zf any default be made the payment of rental as herein provided and such default shall not Se cured within ten. (10) days after written notice thereof, CITY shall have -the option to imsi=nizte_y term— nate this lease;'and - that in the event of such terminal.'-cn," TENANT shall have no further rights hereunder. and TENANT shall c..ereupon forthwith remove from " .said "premises and shall have no -further right or claim thereto and said CITY shall immediately thereupon without recourse to the courts have the" right to re-enter and take possession of the leased '-premises.- `�Zt*"i"s further agreed that CITY shall afford the beneficiary in anv deed.of trustOfrecord"wit. CITY on the demised premises ' the right to`.cure-any default by __NAaT made in- the payment of the covenants, conditions, or agreements hereof, within the period hereirabove^.ertio^.ed after written notice thereof, which said " period shall be. computed from the date of receipt. by said beneficiary, " by registered mail, of such notice from C--TY.. 29, In the event -of t`• Bringing of any actio.^. by " t�,>r- " reason of the Breach. of ei party -hereto against the o`_her by any covenant or cond_t_on on the pert of the other. party or arising Chet the.part in whose out of .this lease, then. and in event, _ Y. savor final judgment shall be entered :shall be entitled to recover . oar-y fr �h h * reasonable al`_orney's fees to be _fixed by the ors _ e ot_.er .- . coin o:herein -. uch ] S ud ment shall be entered. " . 30. �_tle to all o` the premises is taken for any , or bY t'.le right of public or quasi -public use under any _ab' _te e:nin=_nt domain, then this: !case -shall term inateon -the date that possess-Jon of the promises is ta::en 31. All co-ioe^.cation c.._rded or paid upon the total or ee tide of the premises or part of the partial_ taking -o _` the - .-- . -14- El 11 11 -- R, premises shall belong to CiTY.; .,__ comoensation awarded or paid " upon the total or partial taking o`_ any buildings and other imnrovements made or _for the business conducted by ^_iNANT On the premises she11 belong to TENa-*7T. .32. I` tzis lease' is - __inated oursuant to paragraphs 30 or. 31"above, _he rent and all other ob 1_catio.s of TENANT :ere- -- - c^.der s'r.a11 "5e pro -rated to the date o_` ter"I-4-ation._ .. 33:... :T"a waiver by CITY of anv breach of anyone or more . 'o` the �covenan.ts, conditions,_ or _.reements of ..this_ ease shill not be.co^struec £0 be a waiver of any other breach of said cove- _ . -. ," ,,is lease. vor shall the - - -.ants, conditions, or agreements of " subsequent accentan cz bf rent here, -^der by CITY be deemed to be a waiver o_._any preceding breach by TENA::T- of any covenant, . _ condition,. Or aareemzat o_`.ths:_ease, other t`�a^ failure of TENANT- - to pay the particular., o accepted. 3a;...Ay and all notices or demands by or from CITY to n" ®' TENANT, or, TENANT to-CITY,.shI11.'�e in writing They shall be - -served either personally or by r-6 istered or certi_f ied mail. - - -- -Any notice or demand to CITY nay be give- to the City Clerk or - mayor of the CITY OF i1ORIL0 BAY., C-`-y Hall, YO--ro Bay,- California.. - Airy notice or demand .to -TENANT nay be given to-ENANT_ at 235�tre__. I•iorro 5av,"Cali`c - tten rotice by e_ t!-ierparty to Eu ch addresses maybz. ch arg ed by =-. . "lie other party. 35. subject .to the pro-: sions here in,relating to si�, _ a - all 0f the terms, conditions, asgnment and subletting, each tained sl-a11 be binding upon and inure and agreements herein con .. F heirs exec administrators, successors, to the benefit o_ the + _ - and permitted .assigns of any and act of the parties here-to%..and all of the parties hereto shall =_ jointly anal severally liable hereunder. 0 ® i' ._15_ ... r 4 36. Is the event.that any nrovislon or provisions of this lease are, or are Hereafter adjudged to be, for so --ny rean invalid or-uren.forceable, the remaining Provisions of this lease - shall continue to exist and remain- `full force and effect. 37. Timeisof the essence of each and all of -the. terms - and all covenants,_ stipulations,. and and orovisiocs Of this lerse, - agreements, including the agreement to pay rent, in this lease shall. - extend to and bind any Perini tted assigns and permitted sub. —lessees 38• In .the event TENAi4- sha11 hold over after the : this lease, such holding over shall bedeeirad a - expiration :of � . tenz^.cy from - month to'month only, zt the same monthly rental..and - upon the's ame terms;. conditions, end provisions of this lease. It 'is understood by the narties that this lease contains theentire understanding of the parties, and TEN ANT,'by accepting this lease, acknowledges that thereisno written or. . ."the parties in respect to the demised - oral understanding Sy ? - n t No modification, premises.; other than. as set._'o_r:h _.. his lease - amendment, or alteration. o°.this lease sha11 be valid unless it h s. This lease May be SS n writing and signed by Sotpart . terminated,. nodifie.d, or amended Sy Nrritten .^:-dual consent of.. - .. CITY and of TENANT- . i; IrecorPorated here'_. and z Pzrt hereof are paragraphs 0. .. �41, 42, 43, 44, 45, 46iin ciusive, containing special provisions : nu�.S=_red of this lease. 41. It is unders.00d that this ':ease is conditioned on compliance }jith the conditions of the Use permit as Granted for the properties contiguous to and easterly of this lease site and which are generaiiy described as 235 rain Street, . h:orro Bay, California. A violation.Of the :,se perm , conditions shill constitute - ` ti:is Lease. .- `s mrounds.`or termination oa;r^fed and�.mdersCood that the p.�blic . shay, have access to the:.<har` s such a..:.ay as e perm'- c.blic access and use by e.i'on pvSlic access by pedes'_r ens across the intervening pedestrians and znrees to Y' "property owned by TENANT during the tern of the Lease._ 42. After TENANT has constructed the facilities permitted under the terms this lease, the City may elect to construct additional boat docking, or wharfir.g facilities, or to enlarge the existing' boat docking or wharfing facilities on said leased premises. _f.such election is made, TENANT shall have the following options: z. TENANT shall have the first riea to construct such boat docking facilities in compliance with City's General Proposal at TENANT's own cost and expense. TENANT shall be entitled to construct such boat dockirq, facilities. pursuant to TENANT'S own plans and specifications provided such boat.doc`ing facilities provide the same - number of boat decking facilitiespas proposed by the CITY; provided such facilities - are.in the same general configuration as proposed by the CITY; and. provided that TENANT's own plans and specifications are in accordance with CITY's building, fire, health and 'other applicable code provisions and procedures: In the event TENANT -elects to construct such boat docking faci.-ties, this lease shall be.exteneed in: accordance with the then existing CITY's ce:icy for extension of .lease terms based, onthe actual cost of leasehold improvements or shall be extended as mutually agreed - upon; provided, however; "that "the lease sha:i.not, in any event, be extended beyond fifty (50) years, commencing April 1, 1975. if the boat docking facilities extend yond"the lease site area, lease rental s^all be adjusted accordingly. ?` days after receipt of notification from the CITY, TENANT b.� Within sixty y •?` shall advise CITY whether or not TENANT isiends to construct such docking facilities at TFRANT'S"own expense. If TENANT elects not to exercise its first right to construct such docking facilities at TENANT's owp er..e.n.se, CITY shall have the right to terminate this lease and construct'such C_G::ng facilities at CITY'S cost and expense. In the event CITY terminates thlsii'_ase and constructs such doming facilities, ' CITY shall have the right to furnish TENAU ..nth boat docking facilities on the lease "site that are equivalent to the boat docl:l , facilit =_sconstructed by TENT NT and CITY shall furnish such equivalent boat docking area upon the same terms andconditions set forth in TENANT's present lease. in lieu of furnishing such equivalent docking facilities on the lease site, CITY shall also have the right to terminate this,.lease upon. payment to TENANT of TENANT's addustec acbial ecst of constructing said docking li 0 facilities but not to exceed Fifty 7housa:+t .o:.ars (550,0 0). TENANTS actual cost a r purposes of .^ent by CITY will be adjusted of constructing docking facilities o. pa- by reducing such actual cost at the rate of Two Thousand 0olOrs (S2,000) for each full year and at a prorated amount of�:Tr,o no -sand. Dollars (52,000) for each fraction of"a year that expires between the da e o` completion of the docking facilities and the date CITY elects to terminate thi lease. TENANT agrees to furnish to CITY a ee'aiied cost summary upon TENANT'S completion oI proposed docking facilities and agrees to advise CITY of the date of completion. Either furnishing equivalent boat""docking facilities or payment as provided for above shall terminate CITY'S obligation to TE•:ANT. 43. TENANT shall not allow vehicles, trailers, trucks, or similar equipment to operate refrigeration units during evening hours. 44. TENANT, as upland owner of the adjoining property which is subject to this lease, agrees for :himself, his heirs, successors, and assigns to sign a boundary line agreement and consents.to entryof judgment upon CITY'S request at anv time in the future to formalize " the"boundary line between TENANT'S property and Tidelands property, such line " to be consistent with the boundary line established in the existing Stae Tidelands survey as recorded at Book Page 45. TENANT agrees to correct all Building and Zoning Code violations existing on the lease site and the adjoining property as a condition of granting this lease. TENANT agrees to comelywithall . CITY and State laws at TENANT'S sole cost during the term of the lease. 46. TENANT, as.a conditionof the granting of this lease, agrees to pay all bac`r, rent owing from, the previous leaseholder under the i previously existing lease. _ ,, 4�0 IN WITNESS,r.nn=REOF, this lease has n executed as of the 2 dzy of l M"Q 1932, by the. City of Morro 3ay, pursuant to Resolution of its City Council, and by TEsl ATTEST: - - FLU.-BH);Tr.R, CITY C!tRY. CITY OF MO�RRO BAY, a municipal corporation -kRR�DORN, ild1YDR E 11 MA 1. The minimumfirst years' rental is 5 3,969.96 payable semi-annually in advance. The minircm annual rcntzl, as i ..-adjusted in 2.- below, shall.beipaid by TENANT to CT-TY -on. the first- . i ,day of each July and January during the term o£ this lease. There _shall be .a oro-rate for any period of less than six (6) months. The rental in effect pursuant to adjustment provided for in paragraph -2 as of December, 1981 is $3,969.96._ .That rental is subject to.further adjustment as provided in pare graph 2 until reappraisal occurs on July as provided in paragraph.3. - .2. CZTY and .-TE?:2:�T herebyagree that the of the - premises, for the purposes of this lease, is $3.50 per scuzre foot water area within fifty (30) .. of land and $2.00_ per scuts fop or .. feet of`theshore-1ire and $1.00 oar scuare foot of water .area for . , 'the na rtfifty (60} _`eat from. the shore line as shown on Drawing No. lo15 da_ed June �24, 1969, without regard to.. any improvemants - ocated on., -said _.remises. The annual, rent,.commencing each Jul,}- or the p-enises sha11 be'a sum equal to six percent (G%) of said . value of "he' premises. on January 1, 1969, adjusted, however, in di rec t. propor`ion to any upward or downward movemento� the Con- - s umzrs Pric Inde3: above or below the 1957-1959 Index figure for _ January 1, 1969, w:^.ich is here y agreed to be 124.7- The Consumers herein s the Consumers price Index (Al'_ - . price Ind am referred to - Iteers) for Los 7,n.geles - Long.: peach,-Califora'_a,.compiled and . 'by the United States�Department of _ bor-, 9urea.0 of - published. Labor Statistics (hereafter cabled I27D.T_'X). The percentage ment for any giver. year shall be based upon such p•_Lb'_ished adjust - pent for the previous calendar year. The rent s`:ail.be adjusted once each year on July. l and wi31 �f` as adjusted, through June 30 of the following n remain in effect, Ct, . yeas.-, at which ti^.e it will be re -adjusted. . :Cf the U.^.i fed States Denar'men`- of Labor, Burea`_t of Labor Cs, shall cease 'o COICp _.13 make onbl'-C...the TND:�:X SCHEDULE A - Page 1 now constituted aNd issued, but shall subs -tee.; anotherindex in its place, then said substituted indey shall be used for the purpose of adjusting the rent for the leased presses_ . 3. A reasonable time prior to July 1,-c9°4. an appraisal - shall be made of the fair market value of the premises on January 1, 195r.. The minimum guaranteed rental payable for the premises . during the year July l; 1934to June .10, 1S85 shall be Len' percent. �.0D") of `he-aopraised value o£a premises as of January1, 1984 - T;ierea_`ter, the rent shall be l::djusted once each. year on July co: =..=_acing .with the year July 1 1935 The aajvstment shall be . made i.^. .d -ect proportion to asv chF.nae in the INDEX, as.set forth . in. Paragraph 2 of this Sc,edul.e 31, above.` t`in connection with such - - -.appraisal the CITY shall have the right to select and retain the appraiser and LESSEE agrees to accept the appraised amount established by such - appraiser. B. PEPCEkTAGS RENTAL i - Sn.'.' addition to the of=:e.r terms and covena^'_s, and naymant of th... guara^.teed minimum rental as, _. forth in this Schedule A; .' TEA"N,T shalt: - ._.(a) in the herein- Pay to CITY a, th+e times and manner - after specified, such additional percentage rental. of the amount of TEMMT's gross sales (as gross sales are hereinafter defined) made duzir.c each year .of the �'ex hereof, n, upon; or from the - - devised premises; less the aggregate annunt of the minimum rentals paid by TENANT during -saidcalendar period, attributed to such quarters. The rates of such percentage rental are-attachecl as -- sci,edule 7�-1, and incorporated - (b) 'Phe term. grossi sales, as used: herein, shall (subject de8_ctiors as hereinafter set to thu e>:ception and authorized fort^1 ...e an :Che gross arnunt rece: vc by TENANT from all rentals and sales, boll, h. for cash and on cr^:ii': includina�, but not liated__ to, rentals of noc;:ac:z space, leasing an', serv.ici_nrf operations and tic':el saland in case of sales on credit lti, -2: or not payre.",� be actually xade the.re_`or: all charge for services, alterations, SC! DU _ A Page 2 - r --onpirs made in or upon the. rle.T.is-d.Dre.�,ses; the gross amount received by TENANT for merchandise so . ld parsua . _nt to orders received n the de-ALsed premises, though filled elsewhere; and the gross rom�any an I d all other sources of incore amount received.by TENANT f derived fromhe'business conducted upon the demised pre=' ses .(c) There is excepted led from TENAINT's gross sales (as .said term i s used herein) the amount of all sales tax receipts ary t wich. -has Eo be accounted for by TENANT to governmen 02: govern.m,ental. agency.. There shall be deducted from. TENANT's gross F .sales (-or the ourn , ose. of accounting to C-Tv), the amount or any actual refunds or credits* made by TENANT for returned n.erchandise, the amount ehereof had therc'ofore been included by TENIANIT an TENANT's gross sales. ks, .:Ad) TENANT -shall keep full, complete, and p roper . boo" records, and Lcco%Ln"s of the gross Sal-F-S .(Ps the term gross sales is used herein), both* for cash end on credit of each separate 10-1cparlUi . rent and concession at. any time operated in t-lc delr�ised 5 ,.Dreni . !;es; said books,.records, and accounts, nciaaing any sales tax renorts that I TENANT 1, ay be required to - nisn any government or governmentai agency, shall at ali. reason -able times be open to In the inspection of CITY, CITY's V­dli-br, or o�—er authorized rcnresentlativc or agent. . a) By each 71A1v. 31 during this lease, TENANT shall furnish CITY i2ith a statel7ent". to be certified as correct, which in 'a fi nee.) h. shall set forth the gross sales (as of each the a ru s e d premises for dr,-,D,,rt-.Lr,.t and concess:ion.l -h 30, the orevious t%-1e!ve (12) c months; ending Juno just any, therefron; and concluded, and the au�ho�i zed - e.-ec2uct-ions , xiiLh it, TRNAI?T shall pay to CITY,,e a-.o,-,11,- of additional h If TFI�ANT shall ai which if; Pz!Yable to CITY a r' '�rc'oy' at V..ny ,:imp callte an of �Sade by a --,,,­ tfurnishTENANT shall furnish CITY with a copy of said n p,,iblic -ICCOU'� audit without anv cost or ewerlse to CITY. CITY nay, once in any. ma de calendar vear, cause an audit of the business OT, to be m by P p',lblic accountant 0, C . 7-,Pvls sel.ectiOn and if the statements Of gross sales nre%,iously madOi by TENANT to CITY shall be fownd to be substantially less than the amol_'nt Of TENTPUNT'S gross sales audit, 'a shcwn 'ov such TE . NA-N-T.shall edial Iv nay the cost Or ;onai rental therein shown to be such audit as well as the add-,- ,�;thJr%.i i se the cost such audit shall payable by TENANT to �C!T'�; 0 be paid CITY CITY shall be entitled a, any time withln two (2) years after the receipt -Of -any isuch additional rental payment to ar.d/or the accuracy e f4�icjel%cy of theavao,_,nt thereof question by TENANT to justify tne of. the statement 02: s_taterlents Z sar.2. For the nutrpose of enabliticf CITY to Check- the accuracy Of S' a., any such statementt or state7Rnts T EN AN-T shall for s"d period or two (2) years a'ter submssion to CITY of any such statement, keen. all of TENN\ Vs recores, sales tax returns ana other r data which* in any ;rise bear 'apon Or are reqL"' red to establish in and4se ana services and any detail TENANT's gross Sal -Ps Of 'rerc.- , as shoan by any such stat�er�n authorized deductions theref-ro C17 - and shall upon request Make the same va;lable to Ly for examination. SCFEDU�1� A �'Zga 4 C� El - Aquarium. 10 - Bar ". 3 ". Boat haul out, repair, etc. .. Broker, boat or yacht " " .10 - — " Broker,"insurance -7 05 Deck Space ("per sq."ft.). Fish Market Fish and seafood processing (Retail) 4 Fish -and seafood processing.(Wholesale) 53, -' Floats.; docks: piers, parking, etc. - .. . "oil, disel fuel per gal.) .Gasoline, Gift Stores 3i " Hardward, arine 'ramp S 20 Launching boat and • Leasing boat 5 _ I-0achine shop 5 - ". tzarina _ 20 .. Marina _"motel " 105 . - Pary-boat. " Professidnal.office" 5 Rentals,"boats and motors" ( 10 ..:. Repairs ,.boats and rotors - - 5 — Restaurant .. .�. .. 3 5 — Retail shop sa]es.operzted by lessee —Retail sales "collected from'sublesses`' " Sales, boat, ne:r 3 " 3 Sales, boat, used J Sales, motor, boat Erailer,:new " Sales,i:S:otor, boas trailer;used- —Sales, retail, all other Slips; ties "and noorings: - .. 10 . Pier/fixed piles 20 . Pier/floating 5 - - Sr.ack bar " Sports and"corn:ercial fishing 25 Storage, boat _ .5 " Tackle or bait .. - 7 " Trailer"park, carping " FIini¢ium Guaranteed Rental "" " - 10% F(1V - ,> Subject to chance by the Morro Bay city Council - " DESCR-IPTION OF A PORTION OF LEASE SITE 36W : Commencing at Station 36 on the grant line as shown on a map . entitled "Grant to County of San Luis_Obispo" dated September, 1957 .and filed in Book 1 of Miscellaneous Maps, Page 2, San Luis Obispo County Records; thence 5.38°38'i02" W., 50.00 feet; thence N.51°54'13" W., 135.14 feet; thence.N.38°38'02" E., 50.00feet to a point on the grant line where said grant line intersects the southwesterly prolong- ation of the course described as "5.69°21' W., 29-feet more or less" i in that lease between the Morro Bay Oyster.Company and John F. Meyer, dated February 12, 1948,.and recorded in Volume 1094, Page 407, Official Records of the County of San Luis Obispo; thence, along the aforementioned grant line, 5.51°54'13" E., 135.14 feet to the point .of commencement; being a portion of lands granted to the County of San Luis Obispo in the State of California by Chapter 1076, Statutes of 1947 of the State of California. w N ® N3B'3L'b2 �E /3c.co --------------- a .3Bo "P./ 249.27, , • So.00' � � � Z99.27' � : �o�� .S. RA•;:<'o _'rii.=G".>;r ',4 �'•`�%,tip(. .gip 00 - (n n -� Gl in Dm 23 _ J. {� J iA G m y O .;o r X Q Ww NJ n D ® RESOLUTION NO. 73-00 AMENDMENT 91 TO THE INTERIM LEASE AGREEMENT FOR LEASE SITE 144/144W BETWEEN THE CITY OF MORRO BAY AND CHARLES AND SANDRA MARCIEL THE CITY COUNCIL 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 144/144W: and. WHEREAS. Charles and Sandra Marcial are the lessees of said property; and. WHEREAS, the current lease agreement for Lease Site 144/144W expires in December, 2000; WHEREAS, the City and the lessees wish to extend the lease agreement for one year in order to finalize development plans of the Lease Site area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment 91 to the lease agreement for Lease Site 144/144W extending the lease agreement for one year is hereby approved and the Mayor is hereby authorized to execute said amendment. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1-) day of November, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None C�� ' 01 '- ' AMENDMENT #1 TO LEASE AGREEMENT FOR LEASE SITE 144/144W ®This amendment is made and entered into as of this � d�u ay of 2000 by and between the City of Morro Bay, a municipal corporation of the state of California (hereinafter "City") and Chuck and Sandra Marciel, dba M&M Refrigeration (hereinafter "Tenant") to amend that certain ground lease for Lease Site 144/144W between City and Tenant dated November 23" 1998. Whereas, Tenant has operated a marine repair and refrigeration business on the Morro Bay waterfront for many years and said business is considered not only critical support to the boating industry but a high priority use in the City's Local Coastal_Plan, and; Whereas, Tenant's current interim lease will terminate on December 31, 2000, and; Whereas, City is currently developing long term site plans for the North T-Pier area to accommodate United States Coast Guard (USCG) facility expansion needs that may require demolition and reconstruction of the building currently occupied by Tenant, and; Whereas, City and USCG have not yet developed said plans to a level approaching agreement on specific details and requires at least 6 months to reach that level, therefore it is mutually beneficial to Tenant and City to extend the interim lease for Lease Site 144/144W. NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: Section 1.01 TERM: Shall be amended to make the new termination date of the lease December 31, 2001 Section 1.02 NO EXTENSION: Shall be deleted in its entirety, ®Section 1.03 HOLDOVER: shall be amended so that the Tenant may holdover on a month -to -month basis at the current rental rate pro -rated to a monthly basis with prior written approval from City. Excepting the rent all other conditions of holding over the lease shall be as stated in Section 1.03 of the lease agreement dated November 23, 1998. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF, MORRO BAY LESSEE Mayor Charles Marciel obert Hendrix, City Manager />Swvdfa Marciel APPROVED AS TO FORM ®Robert Schultz, City Att ney ATTEST: RESOLUTION NO. 72-00 ® RESOLUTION AUTHORIZING FUNDING APPLICATION FOR MAIN STREET/HIGHWAY 41 INTERSECTION IMPROVEMENT DESIGN AND CONSTRUCTION the City Council, City of Morro Bay, California WHEREAS, the intersection of Main Street and State Highway 41 is a critical major intersection in the City not only for traffic circulation but also as a gateway to the community; and WHEREAS, the intersection has been identified as eligible for geometric and operational improvements to more efficiently function now and into the future; and WHEREAS, the proposed reconstruction of the Morro Bay Power Plant by Duke Energy Services has the potential to adversely impact the intersection to an unacceptable degree; and WHEREAS, since the State Highway system is a key part of the intersection, cooperation, coordination and partnering with the State of California Department of Transportation (CalTrans) is both necessary and desired; and WHEREAS, the City has prepared a draft Project Study Report (PSR) outlining a number of options for improving the intersection with said PSR having been submitted to CalTrans; and WHEREAS, while no determination of a preferred option has yet been made, a cost of $648,000 has been estimated for pursuit of a more expensive option in the PSR; and WHEREAS, to allow for a more nearly streamlined process for project development a significant local match for intersection improvements is appropriate; and WHEREAS, a 55% local match makes it timely and feasible to pursue these improvements ® within a time frame which more nearly coincides with that needed for development proposals; and WHEREAS, the City cannot provide the required local match from its own resources; and WHEREAS, the local funding match has been committed by Duke Energy Services. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that a funding application for Main Street/Highway 41 intersection improvements is hereby authorized; and BE IT FURTHER RESOLVED, the City Manager or his designee is hereby directed to prepare, execute and submit such documents as necessary to reflect this authorization. PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on the 23" day of October, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: AAADG='6'2ENSON, Mayor BRIDGETT IT UER, City Clerk RESOLUTION NO. 71-00 RESOLUTION OF THE CITY COUNCIL OF THE CITI' OF MORRO BAY, CALIFORNIA IN OPPOSITION TO PROPOSITION 37 "TWO-THIRDS VOTE PRESERVATION ACT OF 2000" THE CITY COUNCIL City of Morro Bay, California WHEREAS, Proposition 37, the "Two -Thirds Vote Preservation Act of 2000", which has been placed on the November 2000 ballot as an initiative, seeks to overturn the California Supreme Court's "Sinclair Paint Case" decision; and WHEREAS, in the Sinclair decision, the California Supreme Court unanimously declared that a fee on manufacturers of lead based paint contributing to environmental lead contamination and used to pay for a State -program that evaluates, screens and provides medically necessary follow-up services for children deemed potential victims of lead poisoning, is a valid regulatory fee and not a tax; and WHEREAS, many state and local government fees imposed on businesses have been found to be proper and legitimate means with which to ensure that persons responsible pay their fair share of the cost of mitigating the impacts of their businesses; ® and WHEREAS, Proposition 37 would transform these proper state and local fees into taxes and thus subject future enactment to a two-thirds vote of the Legislature or local government electorate, as appropriate, thus making it more difficult to protect communities by raising revenue to mitigate the societal and economic impacts of these businesses: and WHEREAS, future enactment of the following types of fees now imposed by the state or local government, if not a part of an overall regulatory program, would become taxes under Proposition 37: • Fees charged to alcoholic beverage licensees to mitigate the effects of public nuisances associated with these businesses; • Fees imposed at landfills on waste haulers based upon tonnage to encourage recycling: • Fees on MtBE production to pay for cleanup of polluted groundwater; • The state's Oil Spill Prevention Fund (if it had been enacted after July 1, 1999); • Fees on substandard housing to pay for the cost of inspecting and mitigating the effects of the substandard housing; ® 0 Downtown Business Improvement District assessments; and [1 Resolution No. 7 1 -00 Page Two WHEREAS, Proposition 37 will also result in costly litigation to determine its ultimate application, and WHEREAS, Proposition 37 is supported by the oil, tobacco and alcohol industry and other business groups who currently pay fees to mitigate the societal impacts of their products and activity; and WHEREAS, existing law already clearly distinguishes between fees and taxes imposed by local governments and requires different procedures to be used for adopting each: and WHEREAS, Proposition 37 will interfere with the ability of the City of Morro Bay to legitimately impose fees to mitigate the specific and particular local impacts of businesses on the community and instead, shift the burden to taxpayers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay opposes Proposition 37. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a is regular meeting thereof held on the 23rd day of October, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None z40 TRODG ANDERSON, Mayor ATTEST: NZV .!i 3W1?ZW_W.� ' I: 11 ® RESOLUTION NO.70-00 APPROVAL OF A SUBLEASE FOR A PORTION OF LEASE SITE 93-95/93W-95W BETWEEN THE HELD FAMILY TRUST AND FLYING DUTCHMAN, INC., D.B.A. BAHIA GRILL THE CITY COUNCIL 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 93-95/93W-95W: and. WHEREAS, the Held Family Trust is the lessee of said lease Site; and. WHEREAS, the Held Family Trust has requested approval of a sublease for a portion of Lease Site 93-95/93 W-95W with Flying Dutchman. Inc.. dba The Bahia Grill: and. WHEREAS, the lessees are in compliance with all terms of the lease agreement and the City cannot unreasonably withhold approval ofa sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a sublease for a portion of Lease Site 93-95/93 W-95 W between the Held Family Trust and Flying Dutchman. Inc., dba Bahia Grill is hereby approved and the Vice -Mayor is hereby authorized to execute the Consent to Sublease document. ® BE IT FURTHER RESOLVED, that the sublessee must comply with any other permits as required by City regulations, and that the sublease is conditional upon receipt of the sublease agreement between The Held Family Trust and Flying Dutchman. Inc. by November 20, 2000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23' day of October, 2000, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: Anderson Ir , ) 1, g"! , O. BRIDGETTtAUER. CITY CLERK E. CONSENT TO SUBLEASE AGREEMENT'. THIS CONSENT TO SUBLEASE AGREEME T is entered into this day of 2000, by and between W [caP,yTYZ>k hereiLafter referred to as TENAixIT, and �.q t' dba, hereinafter referred to 1s SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS,.a Master Lease was executed on \ lG p�h , and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease dated 73.�\4 1 Ig9,1 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: ® (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. - CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the.SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT T's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, ® including, but not limited to, a termination which occurs as a result of court judgment. Page ! of 3 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based ® on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT 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. Said records, books of account and all cash register tapes, including any—, sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use.by SUBTENANT is as follows:_ Percentage of Gross Rental Applicable to Permitted Use: 3'/ Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. Page 2 of 3 10. SUBTENANT and TENANT agree to indemnify and save CITY free and.harmless ® from. and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and. Sublease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. CITY OF MORRO BAY . A Municipal Corporation By: William Peirce, Vice -Mayor ATTEST: .• ::� Clerk - 0 6018311:0n5 of TENANT: Bv: Page 3 of 3 0 RESOLUTION NO. 69-00 APPROVAL OF A SUBLEASE FOR A PORTION OF LEASE SITE 67/67W BETWEEN ARMAND AND YNEZ VIOLET AND ERNIE SITES AND JOHN BIONDI, D.B.A. ISLAND CONNECTION THE CITY COUNCIL 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 67/67; and. WHEREAS. the Armand and Ynez Violet are the lessees of said Lease Site; and. WHEREAS, the Held Family Trust has requested approval of a sublease for a portion of Lease Site 93-95/93W-95W with Ernie Sites and John Biondi, d.b.a. Island Connections: and. WHEREAS, the lessees are in compliance with all terms of the lease agreement and the City cannot unreasonably withhold approval of a sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a sublease for a portion of Lease Site 67/67 between the Armand and Ynez Violet and Ernie Sites and John Biondi. d.b.a. Island Connections is hereby approved and the Mayor is hereby authorized to execute the Consent to Sublease document. ® BE IT FURTHER RESOLVED, that the sublessee must comply with any other permits as required by City regulations, and that the sublease is conditional upon receipt of the sublease agreement between Armand and Ynez Violet and Ernie Sites and John Biondi by November 20, 2000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23' day of October 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None BRIDGETTtJAUER, CITY CLERK a HARBOR DEPARTMENT • 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 • 805-772-6254 APPLICATION APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREENIEN'TS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be completed and returned to the Harbor Office for processing. LEASE SITE #: (n -7 �111P1N V 1 („L Lessee (please print 11go1 �Re�e�� Sfi ® Mailing Address City, State Zip -. /o//uCO Oktl ?f7o APPLICATION FEE: 210 (,,,%i0 -F 5 i--,:-+ k-J C oy1 r\ Q-CA l O\n Business Name IE305 a - s4ss7 Telephone REQUEST: Briefly describe the specific nature of the approval requested. Dza-kst,., (✓ T-�v S . V,-r, C-UattiS�' E:F, pile q) 30 11000 Applicant's Signature Date ® SEE REVERSE The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. E - Name: Ernie Sites, Cathy Sites Residence: 2590 Kos St, Morro Bay Years in Commercal: 42 Years in Buisness: 14 years Antique Dealer in San Luis Obispo 10 years Managed: Shell Shack 88-98 Shirt Shop 88-98 Shell's of Cambda88-95 Otter Trading 96-98 Managed 34 stores at one time. Owner of the Shell Shack from 98 until] present. OCT 12 2M D CRY OF MORRO 877 HARBOR DEPARTMENT Personal: I was raised in the retail buisness,and worked thru high school and college in family retail stores in Morro Bay. I then started my own buisness and managed stores for my family for 10 years. I now own the Shell Shack and am looking to expand on the Embarcedero. I have been in the area all my life. I coach football at Morro Bay High School and have coached track there also. I am going on my 1 Ith year as a coach in the comunity. I know buisness on the Embarcadero and I am in touch with our community. My wife Cathy Sites has been envolved with me in buisness for the past ten years. She has also been envolved in retail sales and managment since she was in high school untill the present. Sincerly, Ernie & Cathy Sites u CONSENT TO SUBLEASE AGREEMENT THIS. CONSENT TO SUBLEASE AGREEMENT is entered into this to A i-lday of 2000, by and between V n W &ems dinah a c G r� nn r herefter referred to as TENANT, and ` dba, Sy$ e8 D k,76tivt OhcdA Q.i hereinafter referred to as SUBTENANT and the City of Morro Bay, hereinafter referred to as CITY. RECITALS s WHEREAS, a Master Lease was executed on L and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT T jointly and severally guaranty that TENANT will pay all of the s re ired of TENANT and SUBTENANT under the terms of the Master Lease dated I I� 4)-2j hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: ® (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each, and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, ® including, but not limited to, a termination which occurs as a result of court judgment. Page I of 3 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based ® on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in. accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT 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. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. - SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with•each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The Percentage of Gross Rental Applicable to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this ® paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under thetermsof the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. \] 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage' from time to time. Page 2 of 3 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless ® from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this. Consent and Sublease Agreement. El 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY; evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true.and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are. inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. CITY OF MORRO BAY A Municipal Corporation By: 40d4reddfr�oh, Mayor ATTEST: Bridgett Ba , City Clerk SUBTENANT: TEN 1 n Page 3 of 3 Ll CITY COUNCIL. RESOLUTION NO. 68-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999-2000 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 28, 1999 by adoption of Resolution No. 56-99; and WHEREAS, the City Council amended the adopted Operating and Capital Improvement Budgets on September 27, 1999 by adoption of Resolution No. 75-99 and on February 14, 2000 by Resolution 06-00; and WHEREAS, the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 23rd day of October, 2000, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None jDfER ERSON Mayor Page 1 1] 11 City of Morro Bay - Finance Dept Fiscal Year 1999-2000 Final Appropriation Adjustments Fund Dept Obj Dept Name GENERALFUND Increase 001 2110 61061 City Council (30,500) 3110 61061 City Manager (13,150} 3120 61061 Elections (350) 3140 61061 Personnel/Risk Management 9,500 3170 61061 Community Promotions (10,700, 32101 61011 City Attorney 40,800 35101 61061 Finance 51,000 35201 61061 Information Dervices 12,100), 41101 61061 Police Department 116,100 41901 61061 Poice Grants 46,000 4210 61061 Fire Department 17,400 4220 61061 Emergency Preparedness — (700) 1 5205 61061 Public Services Adminsitration (9 5 5220 6106 1 Vehicle Maintenance 44,200 52301 6106 Street Maintenance (5,600}, 5265 6106 Trolley 2,200 5270 6106 Curbside Recycling 6,050 6110 6106 Recreation & Parks Admin 19,300 6130 6106 Sports (44,850, —+ 6140 6106 1 Youth Services 14,800 6150 6106 Facilities 3,800 6160 6106 Parks 1,200, 7210 6106 City Facilities (84,500} 7220 6106 Utilities 800 7230 6106 Contract Services (950} 7240 6106 Street Lighting (11,850) 7710 8530 Interfund Transfers 57,200 Total Additional Appropriation 118,200 CDBG Water Reclamation 2031 1111 6106 CDBG Admin 32,400 final budadj00.123 08:06:54 AM 10/17/2000 Page 2 u l E, City of Morro Bay - Finance Dept Fiscal Year 1999-2000 Final Appropriation Adjustments Fund Dept Obj Dept Name Increase Total Additional Appropriation 32,400 Traffic Safety Fund 2801 11111 8510 Non -Departmental 5,900 Total Additional Appropriation 5,900 Parking In -Lieu Fund 2991 72301 7101 Contract Services 422,300 Total Additional App_ro nation 422,300 Transportation Fund 3011 52611 6106 Dial -A -Ride 28,402 Total Additional Appropriation 28,402 Harbor Fund 3311 65101 6106 Harbor Department 11,300 Total Additional Ap ronation 11,300 South T-Pier Fund 3321 65101 8730 Depreciation Expense 69,195 Total Additional Appropriation 69,195 CC-1 Slip Fund 3331 65101 8730 Depreciation Expense 9,150 Total Additional Appropriation 9,150 Insurance Funds 1 4411 71101 Health & Dental 295,800 4421 71101 Worker Compensation 164,850 4431 71101 Unemployment 6,550 444 71101 Liability Reserve 417,650 4451 71101 Fire Insurance 11,700 4471 71101 Vehicle Insurance 21,100 Total Additional Appropriation 917,650 Capital Improvement Projects 9111 98251 6106 Main Street Bikepath/Blend Line 447,300 9111 9910 6106 City Dock Reconstruction 57,400 1 9111 99111 6106 March 1999 Fire 58,400 finalbudadj00.123 08:06:54 AM 10/17/2000 Page 3 C Fund Dept Obj 9411 11111 6106 952 7710 6106 2 11 City of Morro Bay - Finance Dept Fiscal Year 1999-2000 Final Appropriation Adjustments Dept Name Increase Total Additional Appropriation, 563,100 Housing In -Lieu Fund Contractual Services 32,810 Total Additional Appropriation 32,810 Wasterwater Capital Fund Loan to Wastewater Fund 211,657 Total Additional Appropnation 211,657 finalbudadj00.123 08:06:54 AM 10/17/2000 ® RESOLUTION NO.67-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DUI ENFORCEMENT TASK FORCE AND EDUCATION GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Highway Patrol has applied for an Office of Traffic Safety grant for the creation of a multi -agency DUI enforcement program; and WHEREAS, the grant includes participation by the Police Department's of Arroyo Grande, Atascadero. Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, Cal Poly State University, and the Sheriffs Department of San Luis Obispo, and California State Parks and Recreation; and WHEREAS, the grant fully funds the overtime costs and participation of Morro Bay Police Department personnel; and WHEREAS, the participation of all the agencies will enhance public safety in the entire San ® Luis Obispo County area based upon a reduction in DUI related traffic accidents; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, authorizes the City of Morro Bay Police Department to participate in the grant known as SLOCOPS and authorizes the Chief of Police to sign the participation agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of October, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R AND RSON. Mayor ATTEST: ® BRIDGET AVER, City Clerk El Resolution No. 66-00 RESOLUTION APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 05-5391 The City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay is required to enter into an Agreement with the State of California Department of Transportation to delineate certain obligations relative to the use and administration of the Quintana Road Rehabilitation/Bike Lane Project; and, WHEREAS, the State has delivered a Master Administering Agency - State Agreement for State Funded Projects (No. 05-5391) to the City for adoption; and, WHEREAS, said Agreement has been reviewed and found to generally conform to the City's needs; and, WHEREAS, it is in the interests of public benefit that said Agreement be adopted. NOW, THEREFORE BE IT RESOLVED by the Morro Bay City Council that said Master Agreement No. 05-5391 is hereby approved; and, BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said Agreement on behalf of the City; and BE IT FURTHER RESOLVED, the City Manager, or his designee, is hereby authorized and directed to execute such Program Supplements or similar documents necessary to further progress on the referenced Project. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of October, 2000 by the following vote: AYES: Anderson, Crotzer,..Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: G DE SON, Mayor ® BRIDGET1MAUER, City Clerk 15 F1W_XWT"g1 a ui0 1 ADMINISTERING AGENCY -STATE AGREEMENT FOR ® FEDERAL -AID PROJECTS 05 City of Morro Bay District Adminstering Agency Agreement No. 05 - 5391 This AGREEMENT, made effective this day of 2000, is by and between the City of Morro Bay hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH: WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation Program (HBRR) (collectively the 'Programs"); and ® WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP and CMAQ) may be made available for use on local transpot4ation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and WHEREAS, before Federal -aid will be made available for a specific Program project, ADMINISTERING AGENCY and STATE are required.to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any Program project unless and until a project -specific Program Supplement to this AGREEMENT for Federal -aid Projects, hereinafter referred to as 'PROGRAM SUPPLEMENT," has been executed. i.. The term "PROJECT." as used herein. rnranc that 911thnri7Pd nrnjPrt f!n?n('Pd in part uAth Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAM SUPPLEMENT, and in a Federal -aid Project Agreement (PR-2). 3. The Financial commitment of STATE administered federal funds will occur only upon the ® execution of this AGREEMENT, and the execution of each project -specific PROGRAM SUPPLEMENT and PR-2. 1 11 /29/95 4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated to a PROJECT, to comply with all the agreed -upon Special Covenants or Remarks attached to the PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT. 5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's governing body. 6. ADMINISTERING AGENCY shall conform to all State statutes; regulations and procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent approved revisions and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating to the Federal -aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise designated in the approved PROGRAM SUPPLEMENT. 7.. If PROJECT involves work on the State highway system, it shall also be the subject of a separate standard form of encroachment permit and, where appropriate, a cooperative agreement between STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. 8. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe minimum statewide design standards for local agency streets and roads. The REENGINEERED PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either the minimum statewide design standards or ADMINISTERING AGENCY -approved geometric design standards. Also, for projeits off the NHS, STATE will accept ADMINISTERING AGENCY -approved standard specifications, standard plans, and materials sampling and testing quality assurance programs that meet the conditions described in the REENGINEERED PROCEDURES. t 9. When PROJECT is not on the State highway system but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE,. as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING AGENCY is in responsible charge. 11.. The Congress of the United States, the Legislature of the State of California; and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to work financed with Federal or State funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the NONDISCRDAINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for 2 11/29/95 performance of worst connected with the PROJECT shall incorporate Exhibits A (whenever State funds ®finance part of the PROJECT) and Exhibit B (with third parry's name replacing ADMINISTERING AGENCY) as parts of such agreement ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a Federal -aid PROJECT shall be awarded until the necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The famishing of right_ of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non -matching funds, any costs which arise out. of delays to the construction of the PROJECT because utility facilities have not been removed or relocated, or because rights of way have not been made available to ADMINISTERING AGENCY. for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required in REENGINEFRED PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase ®only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. r� L 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended . 5. Whether or not Federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and services which will be available; and, to the greatest extent practicable, no person lawfully occupying real . property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least 90-days.written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5). 6. In all real property transactions acquired for the PROJECT, following recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by ADMINISTERING AGENCY. 1 V29/95 ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY 1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 2. Upon ADMINISTERING AGENCY acceptance of the completed Federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days after receipt of notice from STATE that a PROJECT, or any'portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2, above, includes not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE IV - FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally -approved Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the "Request for Authorization." 2. State and Federal funds will not participate in PROJECT work performed in advance of approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to Proceed." 3. . ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHWA. The total of all amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all completed engineering work, right of way acquisition, and construction. 4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include this AGREEMENT number, Federal -aid project number, and Progress billing number for the PROJECT, and shall be in accordance with REENGINEERED PROCEDURES. 5. The estimated total cost of PROJECT, the amounts of Federal -aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance Letter/Detail Estimate and a PR-2 document which are to be considered as part of this AGREEMENT. Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 4 1 11/29/95 . 6. When additional federal -aid funds are not available, the ADMINISTERING AGENCY agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2, or its modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 7. ADMINISTERING AGENCY shall use its own nonfederal -aid funds to finance the local share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned to STATE by ADMINISTERING AGENCY upon written demand. 9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY Federal -aid projects. 10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public.entiry not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources, of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. ARTICLE V - RETENTION OF RECORDS/AUDITS 1. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code Section 10532, ADMINISTERING AGENCY and any third parry under contract with ADMINISTERING AGENCY shall retain all original records to the project financed with Federal funds and shall make records available upon request by Federal and State representatives. Following final settlement of the project costs with FHWA the recordstdocuments may be microfilmed by the ADMINISTERING AGENCY, but in any event shall be retained for a period of three years from STATE payment of the final -voucher, or a four-year period from the date of the final payment under the contract, whichever is longer. ADMINISTERING AGENCY shall retain records/documents longer if required in writing by STATE. 2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives $100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an independent audit firm per the Single Audit Act - (see OMB-A128, "Audits of State and Local Governments"). ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of ® the signatory officer's knowledge and belief, that: 1 V29/95 A. No STATE or Federal appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an ®, officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or Federal contract including this Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract, grant, loan, or cooperative contract. B. If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. . This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this document that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. ARTICLE VII - MISCELLANEOUS PROVISIONS 1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE, its officers, and employees from allclaims, suits or actions of every name; kind and description brought for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreemem STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, or omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in any litigation in which ADMINISTERING AGENCY's interests are at stake. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this Agreement shall act in an independent capacity and not as officers, employees or agents of STATE. 6 11/29/95 4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should ®ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY . under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this. AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand. 5. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto. ADMINISTERING AGENCY warrants by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY ®hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by: a Federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of a Federal court that orders. ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. C 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or. paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11/29/95 ARTICLE VIH - TERMINATION OF AGREEMENT 1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon 60 days' prior written notice by STATE. 2. Each separate PROGRAM SUPPLEMENT shall separately establish the.term and funding limits for each described PROJECT funded under this Federal -aid program..No STATE or FHWA funds are obligated against this AGREEMENT. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA CITY OF MORRO BAY DEPARTMENT OF TRANSPORTATION a Chief, Office of Local Programs Project Implementation Date By. ADMINISTERING AGENCY Representative Name & Title (Authorized Governing Body Representative) Date • • 40 8 11 /29/95 12 1 *141113YW. FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, religion, ancestry or national origin. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement 3. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to ® which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment. and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. u (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement 9 11/29/95 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply . with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements unposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of. Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives Federal financialassistance from the Federal Department of Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its Federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements , imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively . insure that is any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,. sex, national origin, religion, age, or disability in consideration for an award. 3. That.ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in . connection therewith. 11 10 11/29/95 6. That where ADMINISTERING AGENCY receives Federal financial assistance in the ®form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend -to rights to space on, over, or under such property. 11 - 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the Federal - aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or.the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub - grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right.to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants in the Federal -aid Highway Program. 11 11/29/95 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as . follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-apreements..Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions. of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until ADMINISTERING AGENCY complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. 12 11/29/95 APPENDIX B TO EXHIBIT B ® The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Star. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or - structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ®ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as. a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the -Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the. above -described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is ® necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 13 11/29/95 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree fin the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similai services or benefits, the (grantee, licensee, lessee, penmittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements unposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants; ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above -described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 14 11/29/95 APPENDIX D TO EXHIBIT B ® The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground•,of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess ®said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above -described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. ® * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 15 11/29/95 RESOLUTION NO. 65-00 ® RESOLUTION DECLARING AN EMERGENCY CONDITION TO EXIST REGARDING A THREAT TO THE MORRO BASIN WELLFIELD AND AUTHORIZING THE APPROVAL OF PROTECTIVE MEASURES TO SAFEGUARD THE CITY OF MORRO BAY'S PRECIOUS LOCAL WATER RESOURCES The City Council, City of Morro Bay, California WTdEREAS, the City of Morro Bay has the legal right to the use of the Morro Basin wellfield for domestic drinking water use; and W1 EREAS, said wellfield serves a significant portion of the City's local backup water supply; and WHEREAS, said wellfield is normally used to help supplement water supplies during periods when other approved water sources are not available, including the upcoming State Water project maintenance shutdown, scheduled for November 31 2000 through November 13, 2000; and WHEREAS, groundwater tributary to said wellfield has been contaminated with the ® gasoline additive, Methyl -tertiary Butyl Ether (MtBE) and said contaminated groundwater is believed to be within 300 feet of the Morro Basin wellfield; and WHEREAS, failure to remediate said groundwater immediately could contaminate a . . significant amount of water resources and render the wellfield unusable for some period of time; and WHEREAS, ShelI/Equilon is the owner of the gasoline service station at 1840 Main Street, Morro Bay and said service station has been identified by the Central Coast Regional Water Quality Control Board as the source of the MtBE release; and WHEREAS, said service station owner, under the direction of the Central Coast Regional. Water Quality Control Board (CRWQCB), has proposed an interim corrective action program dated September 27, 2000, to pump and treat said contaminated groundwater and commence vapor extraction while assessment of the site continues and a permanent remediation plan is developed; and WHEREAS, to expedite removal of contaminated groundwater and to avoid disposal through environmentally sensitive creek and beach areas, the City sewer system is considered the preferred method of disposal for the treated groundwater that will be pumped by ShelVEquilon's wells, provided said groundwater is treated to CRWQCB accepted standards; and u Resolution No. 65-00 Page Two WHEREAS, in order to ensure that the sewer system is capable of accommodating ® Shell/Equilon's proposed discharge, the City of Morro Bay and Cayucos Sanitary District (the Governing Bodies) on October 4, 2000 approved a cured in place pipe (CIIP) project to eliminate infiltration in the jointly owned Atascadero Road sewer trunk line so that the increased usage of the sewer main from any permitted Shell/Equilon discharge would be more than offset by a reduction in groundwater infiltration into that section of the sewer main; and WHEREAS, in approving the CIIP project, the Governing Bodies used the information in . the attached staff report to the Joint Powers Authority, dated September 29, 2000, to come to the conclusion that the CIIP alternative is preferred, particularly in light of the urgent need to coordinate the sewer trunk line repair with the Shell/Equilon's proposed MtBE remediation, even though other repair alternatives would have provided more long-term flow capacity; and WHEREAS, initiation of the sewer trunk line repair and commencement of ground water pumping and treatment must begin immediately to protect the Morro Basin wellfield from possible contaminants, therefore delays resulting from competitive solicitation for bids delineated in the Public Contract Code cannot be permitted. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that an emergency condition regarding the potential contamination of the Morro Basin wellfield is hereby declared pursuant to Section 20168 of the Public Contract Code, Section 13.04.330 of the Morro Bay Municipal Code, and as defined by Section 15359 of the Guidelines for Implementation of the California Environmental Quality Act; and ® BE IT FURTHER RESOLVED, the Director of Public Services is hereby authorized and directed to order actions deemed appropriate to mitigate the conditions under emergency contracting outlined in Section 22050 of the Public Contract Code and to take any additional steps needed to protect the City's precious water supplies and ensure that interruptions in water service to the community do not occur; and BE IT FURTHER RESOLVED, funding for the mitigation work is hereby temporarily allocated from the City's Water and Wastewater Revenue Fund reserves until an acceptable cost reimbursement agreement has been established with Shell/Equilon to reimburse the City for all incremental costs incurred associated with any actions taken as a result of the MtBE contamination from the Shell/Equilon service station site; and BE IT FURTHER RESOLVED, that the City Council urgently calls upon Shell/Equilon to fully cooperate with the City in addressing this situation and commit to: (a) reimbursement of all of the City's incremental costs incurred; (b) providing the City with a supplemental source of water to fully off -set the water that is no longer available to the City from the Morro Well Field until risk of MtBE contamination is removed; (c) providing appropriate indemnification to the City in connection with its potential acceptance of treated waters into the sewer system and for implementation of the CIIP project; and (d) proceeding in the most expeditious manner to clean up the contamination so that the City's unrestricted use of the Morro Well Field is restored. El Resolution No. 65-00 Page Three BE IT FURTHER RESOLVED that the City Council calls upon all regulatory agencies ® with jurisdiction in this matter to act with due speed and urgency to ensure that the MtBE contamination is eliminated as rapidly as possible, full use of the Morro Well Field is restored, and any permits or other approvals necessary are issued to ensure that sufficient alternative water sources to temporarily replace the Morro Well Field are made available to the City and its residents during this emergency, including, but not limited to the additional allocations from the State Water Project, Chorro Well Field, Desalination Plant, and Whalerock Reservoir. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9`h day of October, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None 4E01�,'ENTDERSONT, Mayor ATTEST: 40 0 RESOLUTION NO. 64-0.0 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 570 DUNES STREET AND APPROPRIATING FUNDS FROM THE GENERAL FUND THE CITY COUNCIL Cit- y of Morro Bay, California WHEREAS, the City has a need to increase and enhance the size of its site for future development of a government civic center site; and WHEREAS, the City is prepared to purchase needed properties upon agreement with willing sellers for future site development for proposed civic center; and WHEREAS, the acquisition of the real property at 570 Dunes Street was designated for purchase by the City Council; and WHEREAS, the real property at 570 Dunes Street has been appraised at S200,000.00 and the City has negotiated the attached Real Estate Purchase Agreement with the owners of the property. ® NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby authorize the Mayor to execute the attached real property purchase agreement and; 10 BE IT FURTHER RESOLVED, S225,000.00 plus reasonable and customary closing costs is hereby appropriated for the acquisition of the real property at 570 Dunes Street, Morro Bay California. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 91 day of October 2000, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None ABSTAIN: None ATTEST: BRIDGETITAUER, CITY CLERK /604 rq_j� NT WEROI,"..IM.. ® RESOLUTION NO. 63-00 AUTHORIZING AND DIRECTING DESIGNATION OF A FIFTEEN (15) MINUTE PARKING LIMIT AT THE TIDELANDS PARK BOAT RINSE DOWN AREA AND LOADING ZONES AT THE DUNE STREET AND TIDELANDS PARK SLIPS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize designation of limited time parking and prohibiting of parking on any street within the jurisdiction of the City of Morro Bay: and; WHEREAS. it has been deemed appropriate to designate the three parallel parking spaces on the East side of Embarcadero opposite the Tidelands Park parking lot for fifteen -minute parking for boat and trailers in order to facilitate use of the boat rinse down station: and. WHEREAS, fishing vessels docked at the Dunes Street and Tidelands Park slips require a loading zone in close proximity to their slips so they can have adequate time to,load gear, equipment and provisions onto their vessels. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following parking zones (Exhibit A attached) are hereby established: Fifteen (15) Minute Zone: Tidelands Park Boat Rinse Down Station Loading Zone: Tidelands Park Slips Loading Zone: Dune Street Slips BE IT FURTHER RESOLVED, that the Department of Public Services is hereby authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9" day of October 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ezz O 15.. O. BRIDGE AUER. CITY CLERK �� i f� New LC�QIN rl y EXISTING DOCKS t ,• 1 -EXiSTM LALNCMG -RAMP Cd W ® RESOLUTION NO.62-00 A RESOLUTION APPROVING AN INCREASE TO COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article 7 of the Solid Waste Franchise Agreement (SWFA) provides Morro Bay Garbage Service (MBGS) with the ability to submit an application for a rate increase beginning with the third year of the contract, and subsequent rate increase application in the fourth year; and WHEREAS, on September 7, 1999, MBGS Controller Tom Martin submitted an application for a rate adjustment, and in light of the contractual breach issues with RALCCO Recycling, agreed to hold off on the rate adjustment request until issues with RALCCO were resolved; and WHEREAS, with City Council action on April 10 to negotiate a new agreement with RALCCO for weekly recycling and weekly green waste services, the rate increase request from MBGS could move forward for consideration by the Public Works Advisory Board and City Council; and ® WHEREAS, on June 8, 2000, the City received a letter from MBGS regarding a change in the previously requested 9.8% increase to a 9.1% increase of solid waste collection rates due to a decrease in office space expenditures resulting from not renewing a long term lease for space in anticipation of the City going through a Request for Proposals process for solid waste and curbside recycling collection in 2001; and WHEREAS, the June 8 letter also indicated it was time for submittal of the Interim 2001 rate adjustment application, in accordance with Article 7 of the SWFA, and MBGS was requesting a 1.9% increase to be effective on January 1, 2001, noting the interim increase request could be lowered if the effective date were earlier than January 2001; and WHEREAS, the last rate increase took effect September 1, 1995, and the 8.1% rate increase before the 26.67% franchise fee is factored in is less than the CPI increase for the same period of time; and WHEREAS, City staff met with Ron Munds of the City of San Luis Obispo and Bill Worrell of the Integrated Waste Management Authority to review the rate increase request by MBGS to determine the reasonableness of the request, and Mr. Munds and Mr. Worrell were in agreement with staff that the rate increase was reasonable pursuant to the rate setting process and methodology in Article 7 of the SWFA; and WHEREAS, the PWAB considered the rate increase at its August 9, 2000 meeting and ® recommended the City Council approve the MBGS request to increase collection rates; and Resolution No. 62-00 Page Two ® WHEREAS, the City Council held a public hearing on September 25, 2000 to consider the proposed increase to the solid waste collection rates, and approved the rate increase request of 10.53% effective November 1, 2000, with the per orange bag rate effective that evening. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the approval ofMBGS's increase request to the residential and commercial solid waste collection rates as outlined in Exhibit A. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay the increased solid waste collection rates will become effective November 1, 2000, with the per orange bag rate effective September 25, 2000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of October 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None /I it it Gr ANDERSON, Mayor ® ATTEST: BRIDGETT UER, City Clerk El ® EXHIBIT A MORRO BAY GARBAGE SERVICE SOLID WASTE COLLECTION RATES EFFECTIVE NOVEMBER 1, 2000 RESIDENTIAL RATES Service: Rate In Yard Up to 6 cans/Week $16.41 1 can $19.51 2 can $26.75 1 Can Option $11.05 3 can $33.82 4 can $41.12 Orange Bag Option $1.22Bag & 5 can $48.36 $1.88/Month 6 can $56.00 Price of Orange Bags effective the night of City Council Action to approve rates - September 25, 2000 COMMERCIAL RATES Bin Service Frequency of Pickups/Week Ix 2x 3x 4x 5x 6x 1 yd. bin $50.84 $80.69 $105.00 $132.64 $153.64 $192.32 1.5yd bin $63.00 $106.11 $143.69 $183.50 $221.06 $264.17 ®2 yd. bin $76.27 $135.95 $181.50 $234.32 $287.38 $340.41 3 yd. bin $99.50 $183.50 $259.75 $330.48 $428.86 $495.17 4 yd. bin $132.26 $249.80 $348.17 $466.44 $584.70 $662.07 Can Service Frequency of Pickups/Week Ix 2x 3x 4x 5x 6x I can $16.58 $37.58 $50.84 W.11 $85.11 $106.11 2 cans $26.53 $50.84 $76.27 $105.00 $132.64 $155.85 3cans $37.58 $69.63 $105.00 $141.48 $173.53 $213.32 4 cans $42.00 $81.79 $123.79 $165.80 $203.38 $246.48 5 cans $45.32 $92.85 $118.16 $185.69 $213.22 $279.64 Extra Bin Cleaning: Reinstatement: Special Pickup: Late Fee (per month): is NOTE: All rates are monthly, except as noted. $34.26 per cleaning $54.16 $8.84 per yard $5.00 RESOLUTION NO. 61-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, is APPROVING AN APPLICATION FOR FUNDING FOR AND THE EXECUTION OF A GRANT AGREEMENT FROM THE CALIFORNIA COASTAL COMMISSION THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay, is updating the Local Coastal Plan, and WHEREAS, the Coastal Commission is making grant money available to evaluate changes to the draft General/Local Costal Plan and existing ordinances to implement preventive methods for nonpoint source pollution resulting from urban runoff and WHEREAS, without solutions to controlling urban runoff to eliminate nonpoint sources of pollution, such pollutants will continue to be deposited in Morro Bay, and WHEREAS, Regional Water Quality Control Board and the Coastal Commission are encouraging reducing the discharge of nonpiont source pollution to the maximum extent practicable, and, R'HEREAS, a program including public education, outreach, involvement and participation ® and construction site urban runoff control and post construction management in new development and redevelopment is being encouraged by the Coastal Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: The City Council hereby approves an application for up to: S41,600 Local Coastal Plan Periodic Review - Controlling Urban Runoff 2. The City Council hereby approves the use of City General Funds in the amount of S3,500 to be used as the City's Cash Match for this project 3. The City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. 4. If the application is approved, the City Administrator or his designee is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. Resolution No. 61-00 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held on the 25th day of September, 2000 on the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None -- ABSENT: Absent 19 L A PEIRCE, ice -Mayor ATTEST: BRIDGETI%AUER, City Clerk 2 11 C RESOLUTION NO. 5300 RESOLUTION APPROVING SUBMITTAL OF A FUNDING APPLICATION FOR A BOARDWALK AND APPURTENANT FACILITIES ALONG THE MORRO BAY WATERFRONT the City Council, City of Morro Bay, California WHEREAS, public access to coastal resources is of the highest local and regional priority as evidenced in the California Coastal Act and the Morro Bay General Plan, Local Coastal Program and Waterfront Plan; and WHEREAS, the adopted Circulation Element to the Morro Bay General Plan and the Waterfront Plan delineate the installation of a pedestrian walkway, bicycle facilities and appurtenances along the Morro Bay water front between Beach Street, Morro Creek and Morro Rock; and WHEREAS, an opportunity now exists to acquire funding for this regionally significant effort; and WHEREAS, acquisition of funding is critical to the further consideration of pursuit of such a boardwalk and appurtenances; and WHEREAS, authorization to submit such funding application by the City Council is a necessary step in the early stage of project development. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the submittal of a funding application for a water front boardwalk, bicycle facilities and related improvements is hereby authorized. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 25'" day of September, 2000 by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson ABSTAIN: None ATTEST: � 1) 1,00, Po, A- \WLYIAff'PtIKidE, Mayor P m RESOLUTION NO. 56-00 RESOLUTION SUPPORTING THE CONCEPTS AND EFFORTS OF THE CALIFORNIA HIGHWAY PATROL IN A TRAFFIC STOP DEMOGRAPHIC DATA COLLECTION GRANT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Highway Patrol has received grant funds to distribute monies to those participating California law enforcement agencies to offset the costs created by traffic stop demographic data collection; and WHEREAS, the City of Morro Bay is located within the geographic area where data collection is to occur; and WHEREAS, the grant allows funds for California local law enforcement; and WHEREAS, the collecting of demographic data is important in acting as a deterrent to racial ® and ethnic profiling; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay expresses a strong support in the collection of traffic stop demographic data. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held thereof on the 25`s day of September; 2000, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson ...IP6,A , n ATTEST: WILLIAM PEIR , Vice-M_a'yor r E'll M.owl C ® RESOLUTION NO.55-00 RESOLUTION PROHIBITING SKATEBOARDING AND ROLLER SKATING FROM THE PUBLIC SIDEWALKS AND STREETS IN THE DESIGNATED AREA OF DOWNTOWN MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 10.54.040 authorizes the City Council to prohibit skateboarding and roller skating (roller blades) from specified public property; and WHEREAS, the high concentration of small businesses in the downtown business district has resulted in increased "competition' for the use of the public sidewalks and streets between pedestrians, vehicles and skateboarders; and WHEREAS, a number of businesses have reported conflicts, accidents, near collisions and damage to public and private property by some skateboarders, creating a public nuisance and public safety hazard to pedestrians, motorists and other skateboarders; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, ® California, that skateboarding and roller skating (roller blades) is hereby prohibited at all times on the public sidewalks and streets in the downtown business district between Market Avenue and Shasta Avenue on Morro Bay Boulevard and between Dunes Street and Pacific Street on Main Street, when such prohibition is properly posted; and BE IT FURTHER RESOLVED, that such prohibition of skateboarding and roller skating (roller blades) in the designated downtown business district shall continue until rescinded or modified by future City Council action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the I Ith day of September, 2000, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSTAIN: None 00GER&DERSON, Mayor ATTEST: BRIDGETT 4UER, City Clerk C RESOLUTION NO. 53-00 RESOLUTION ACCEPTING PROJECT NO. PW99-09: MAIN STREET BIKE PATHIBLENDING LINE, PHASE 1 AS COMPLETED BY SOUZA CONSTRUCTION, INC. the City Council, City of Morro Bay, California WHEREAS, on May 24, 1999 the Morro Bay City Council awarded the contract for Project No. PW99-09: Main Street Bike Path/Blending Line, Phase 1 to Souza Construction Inc., San Luis Obispo, via the adoption of Resolution No. 41-99; and WHEREAS, Souza Construction has completed the construction of the Project; and WHEREAS, the City Engineer has prepared a Statement of Completion certifying said work is complete and in substantial conformance with the approved plans and specifications; and WHEREAS, it is appropriate for the City Council to accept the Project on behalf of the public and authorize the filing of the Projects Notice of Completion. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that Project No. PW99-09: Main Street Bike Path/Blending Line, Phase 1 is hereby accepted as completed by Souza Construction, Inc., San Luis Obispo, on behalf of the public. BE IT FURTHER RESOLVED, the City Clerk is hereby authorized and directed to file a Notice of Completion with the Recorder's Office of San Luis Obispo County. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 2W' day of August, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: a�3139IER ANDERSON, Mayor BRIDGETT UER, City Clerk 0 E CERTIFICATION I, Bridgett Bauer, City. Clerk for the City of Morro Bay, hereby certify that the attached Resolution No. 53-00 adopted by the Morro Bay City Council at its regular meeting held on August 28, 2000 is a true and correct copy of the original document. DATED: August 29, 2000 Bridgett BaQr, City Clerk U CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLETION The undersigned hereby states that the construction.of PROJECT PW 99-09 - MAIN STREET BIKE PATH/12" BLENDING WATERLINE, by Souza Construction, Inc., P.O. Box 3903, San Luis Obispo, CA 93403 has been inspected and found to be complete and in substantial compliance with the approved plans and specifications. It is therefore requested that the City Clerk file a Notice of Completion. teven ® ter er City (rt June 28, 200043 n 1A941431D0CUMENT\S=t of Complelion.wpd Recording requested by. and When recorded mail to: ® City of Mono Bay Capital Projects Manager 595 Harbor Street Morro Bay, Ca. 93442-1957 NOTICE OF COMPLETION CITY OF MORRO BAY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, County of San Luis Obispo, California, that the construction of the PROJECT NO. PW99-09: MAIN STREET BIKE PATH/BLENDING LINE, PHASE 1 in the City of Morro Bay, has been completed by ® SOUZA CONSTRUCTION, INC., P. O. BOX 3903, SAN LUIS OBISPO, CA. 93403 and was accepted on August 28, 2000. BRIDGETT UER, City Clerk City of Morro ay, California The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, County of San Luis Obispo, California; that she has read the foregoing Notice and knows the contents thereof and that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this � day of August, 2000. z / ® BRIDGETT UER, City Clerk City of Morro ay, California ® RESOLUTION NO.52-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING FINDINGS WAIVING ALL PERMIT FEES TO THE MORRO BAY NATIONAL ESTUARY PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay National Estuary Program (MBNEP) is a non-profit organization (501(C][3]), which focuses on the improvement of the water quality and environmental values of Morro Bay; and WHEREAS, MBNEP is a nationally recognized program that coordinates, sponsors and funds specific actions intended to address problems of the bay including educational and informal projects for the public and specific users of the bay; and WHEREAS, MBNEP has and is in the process of obtaining a Minor Use Permit for an occupancy change in Marina Square on the Embarcadero; and ® WHEREAS, MBNEP does receive federal funds from the Environmental Protection Act, these funds may not be used for expenses such as permit fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City having reviewed the request, hereby waives the fees requested by the MBNEP, a non-profit organization for a minor use permit and building permit. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23th day of August, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None O ER ANDERSON, Mayor ATTEST: —11 1 BRIDGEJ BAUER, City Clerk 0 RESOLUTION NO. 51-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING INDIVIDUAL DEPARTMENTAL CREDIT LINES FOR USE OF PROCUREMENT/CREDIT CARDS THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS. the City Council originally authorized the use of credit cards in 1993. by the adoption of City Council Resolution No. 21-94; and WHEREAS, City Council Resolution No. 21-94 limited issuance of credit cards to the City Manager, the Police Chief and the Fire Chief, and WHEREAS, the City Council modified the procurement/credit card policy in 1997 by adoption of City Council Resolution No. 73-97 and WHEREAS, City Council Resolution No 73-97 authorized expanded use of the procurement/credit cards to include travel on city business, computer purchases and routine small transaction purchases. It also permitted use of the procurement/credit cards by all City departments using a single account and single line of credit; and WHEREAS, the City Council finds that changing times and changing business practices require wider use of proctnemendcredit cards for efficient and economical transaction processing and that using a single credit card account has become administratively burdensome: and ® WHEREAS, the City Council further finds that it is cost-effective for all departments to have individual departmental fines of credit with a credit limits of five -thousand dollars ($5,000); and WHEREAS. the City Council father finds that the Finance Department requires credit limit of ten -thousand dollars ($10,000) for city-wide purchasing purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Treasurer be authorized to modify the credit agreement with Mid -State Bank to establish seven procurement/credit card accounts with credit lines of $5.600 and one additional procurement/credit card account with a $ 10,000 line of credit, as outlined above. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14C day of August, 2000, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer RO ER ARDERSON. ay_ or 0 BRIDG AUER, City C k U:\FILES\W P\CCRESO\RES05I00.wpd July 26, 2000 RESOLUTION NO. 50-00 ® ASSIGNMENT OF LEASE SITE 89/89W FROM E. KURT STEINMANN TO JOSEF STEINMANN THE CITY COUNCIL 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 89/89W: and. WHEREAS. E. Kurt Steinmann is the lessee of said property; and; WHEREAS, Mr. Kurt Steinmann has requested that the lease agreement for Lease Site 89/89W be assiened to Josef Steinmann; and. R'HEREAS, Mr. Josef Steinmann has submitted financial documents and background information: and. WIIEREAS, the City cannot unreasonably withhold approval of a lease assignment; and. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 89/89W from E. Kurt Steinmann to Josef Steinman is hereby approved and that the Vice -Mayor is hereby authorized to execute all necessary assignment documents. ® BE IT FURTHER RESOLVED, that approval of this assignment is conditional upon receipt of the executed Assignment and Assumption document and receipt of the executed Deed of Trust/Promissory Note and final approval of these documents by the City Attorney by August 24, 2000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24 1h day of July 2000, by the following vote: AYES: Crotzer. Elliott, Peirce, Peters NOES: ABSTAIN: Anderson % 1� r/11 _L.AA BRIDGE�IUER, CITY CLERK 11 WI—LOX&T PEIRCE. VICE -MAYOR ASSIGNMENT OF LEASE For valuable consideration, receipt of which is hereby acknowledged, the undersigned, E. KURT STEINMANN, (Assignor) hereby assign all of their right, title and interest he has in that certain Pipkin Lease and Amendments thereto for the leased premises described as Lease Site 89-89W for the real property situated at 845 Embarcadero, Morro Bay, California, to JOESF M. STELNMAIVN, (Assignee). Assignee agrees to comply with all terms and conditions of the Pipkin Lease and Amendments to the lease attached hereto as Exhibit "A" and to assume all liabilities required under the Pipkin Lease and Amendments thereto. Assignee further agrees, as required under the Pipkin Lease and the Amendments thereto, to defend, indemnify and hold the City free and harmless, from and against, any and all, claims, lawsuits, costs and expenses, including reasonable attorneys' fees and court costs arising from, or in ® any way related to, holding, using or operating the eased premises and further agrees to maintain liability insurance in the manner, form and amount required by the Pipkin Lease with the City included as an additional insured without offset against the City's insurance. Assignee further agrees to provide to the City of Morro Bay, all documentation required under the Pipkin Lease, with regard to Assignee's operations, to enable the City to determine its portion of the gross sales. Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the real property during the term of Assignor's occupation of the lease that would have been reportable pursuant to Health & Safety Code §25359.7. Assignor agrees to transfer and assign to Assignee all rights, title and interest and payments from the fire insurance proceeds issued in relationship to the fire damage Dated: a rj 08v APPROVED AS TO FORM: Robert W. Schult. s/drh/cmtrtyhurtnr/helSw.agt E CITY OF MORRO BAY By: i L RECORDING REQUESTED BY ® AND WHEN RECORDED MAIL TO Hurry AND AssocrATas Attorneys at Law 738 Higuera Street, Suite H San Luis Obispo, CA 93401 DEED OF TRUST, PROMISSORY NOTE AND SECURITY AGREEMENT This Deed of Trust, Promissory Note and Security Agreement ("Deed of Trust") is made among Josef Steinmann ("Steinmann"), whose address is 158 W Ocean Ave Cayucos, CA 93430, and the City of Morro Bay, whose address is 695 Harbor Blvd., Morro Bay, California 93422 ("City"). Steinmann, in consideration of the indebtedness referred to below and the trust hereby created, irrevocably grants, transfers, conveys, and assigns to City, with the power ® of sale, that certain real property located in the County of San Luis Obispo, State of California, described as 639 Santa Barbara, Cayucos, California and that certain personal property described as 100,000 Shares of Applied Cellular Technology Inc. (ADSX ) stock. C TOGETHER WITH: (a) all right, title and interest (including any claim or demand in law or equity) which Steinmann now has or may hereafter acquire in or to such property; all crops growing or to be grown on such property ; all development rights or credits and air rights; all water and water rights (whether or not appurtenant to such property) and shares of stock pertaining to such water or water rights, ownership of which affects property; all minerals, oil, gas, and other hydrocarbon substances and rights thereto in, on , under, or upon such property and all royalties and profits from any such rights or shares of stock or bonds; and all adjacent lands within enclosures or occupied by buildings partly situated on such property; Steinmann agrees to execute and deliver, from time to time, such further instruments, including but not limited to, Security Agreements, Assignments, and UCC Financing Statements, as may be requested by City to confine the lien of this Deed of Trust on any of the aforementioned property. Page 1 of 9 All property, both real and personal, conveyed to City hereunder shall be referred. to herein as "Property" or "Mortgaged Property." IN CONSIDERATION FOR THE CITY'S CONSENT TO THE ASSIGNMENT OF LEASE ATTACHED HERETO AND TO MAINTAIN AND PROTECT THE SECURITY OF THE INSURANCE PROCEEDS AND TO SECURE THE FULL AND TIMELY PERFORMANCE BY STEINMANN OF: EACH OBLIGATION, COVENANT AND AGREEMENT UNDER THE PIPKIN LEASE, THIS DEED OF TRUST AND THE ASSIGNMENT, STEINMANN HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. Transfer of Insurance Proceeds: Steinmann confirms and agrees that all rights, title and interest and payments from the fire insurance proceeds issued in relationship to the fire damage that occurred at the premises located at lease Site 89-89W situated at 845 Embarcadero, Morro Bay, California (hereinafter premises) have been assigned and transferred to him. 2. Use of Insurance Proceeds: Steinmann confirms and agrees that all fire insurance proceeds shall be used to replace and reconstruct the improvements located on the premises in accordance to with paragraph 25 of the Pipkin Lease (attached to the assignment) prior to.August.31, 2002. 3. Faithful Performance: Steinmann confirms and agrees to pay the City three hundred and fifty thousand dollars ($350,000.) if he fails to use all of the fire insurance proceeds to replace and reconstruct the improvements at the premises by August 3..1, 2002. Said sum shall become due and payable on September 1, 2002 unless all of the fire insurance proceeds have been used to replace and reconstruct the improvement. 4. Repair and Maintenance of the Property. Steinmann will: (a) keep the Property in good condition and repair; (b) not substantially alter, remove or demolish the Property or any building or other improvements thereon, except when incident to the replacement of fixtures, equipment, machinery or appliances with items of like kind. 5. Insurance. Steinmann shall keep the Property insured with an all-risk policy insuring against loss or damage, by fire with extended coverage and against any other risk or hazards in an amount not less than ninety percent (90%) of the full insurable value thereof on a replacement cost basis. 6. Taxes and Other Sums Due: Steinmann will promptly pay, satisfy and discharge: all general and special taxes, and assessments, water and sewer district charges, rents and premiums affecting the Property before they become delinquent. 7. Assignment of Causes of Action. Awards and Damages. All causes of action, and all sums due or payable to Steinmann for injury or damage to the Property, or as damages incurred in connection with the transactions in which the loan(s) secured Page 2 of 9 hereby was made, including causes of action and damages for breach of contract, fraud, ® concealment, or other torts, compensation for any conveyance in lieu of condemnation, are hereby assigned, and all proceeds from such causes of action and all such sums shall be paid to City for credit upon the obligations secured hereby. 8. Condemnation and Insurance Proceeds. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation of or other taking of or damage or injury to the Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned to and shall be paid to City. 9. Inspection of the Property. City may,make, or authorize others persons, including but not limited to prospective purchasers at any at any foreclosure sale commenced by City, to make, entries upon or inspections of the Property at reasonable times and for reasonable durations, and Steinmann shall permit A such entries and inspections to be made. 10. Uniform Commercial Code Security Aereement. This Deed of Trust is intended to be and shall constitute a security agreement pursuant to the California Uniform Commercial Code for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the California Uniform Commercial Code, and Steinmann hereby grants City a security interest in those items. Steinmann agrees that City may file this Deed of Trust, or a reproduction thereof, in the real estate records or other appropriate index or in the office ® of the Secretary of State of California, as a financing statement for any of the items specified above as part of the Property. Any reproduction of this Deed if Trust or executed duplicate original of this Deed of Trust, or copy certified by a County Recorder in the State of California or of any other security agreement or financing statement shall be sufficientas a financing statement. In addition, Steinmann agrees to execute and . deliver to City, upon City's request, any UCC financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this Deed of Trust in such form as City may require to perfect a security interest with respect to the items. Steinmann shall pay all cost of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable cost and expenses of any record searches for financing statements which City may reasonably require. Without the prior written consent of City, Steinmann shall not create or suffer to be created pursuant to the California Uniform Commercial Code any other security interest m the Property, including replacements and additions thereto. Upon Steinmann's breach of any covenant or agreement of Steinmann contained in this Deed of Trust, including covenants to pay when due all sums secured by this Deed of Trust, City shall have the remedies of a secured party under the California Uniform Commercial Code and, at City's option, may also invoke the remedies of this Deed of Trust. In exercising any of these remedies, City may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of City's remedies Page 3 of 9 under the California Uniform Commercial Code or of the remedies provided in this Deed of Trust. 11. Waiver of Statute of Limitations. Steinmann hereby waives the right to assert any statute of limitations as a defense to this Deed of Trust and any obligation secured hereby, to the fullest extent permitted by applicable law. 12. Acceleration on Insolvency of Steinmann. In the event that; (a) Steinmann fails to pay its debts generally as they come due or files any petition or action for relief under any bankruptcy, reorganization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors; (b) an involuntary petition is filed against Steinmann under any bankruptcy or similar statute and such petition is not set aside or withdrawn or is still in effect sixty (60) days from the date of such filing; or (c) a custodian, receiver, trustee (or other similar official) is appointed to take possession, custody or control of any of the properties of Steinmann; or (d) the Property becomes subject to jurisdiction of a Federal Bankruptcy Court or successor thereof, or any similar state court; or (e) Steinmann makes an assignment for the benefit of Steinmann's creditors; or (f) a portion of Steinmann's assets is attached, executed upon or judicially seized in any manner and such seizure is not discharged within ten (10) days, City, at City's option, and to the extent permitted by applicable law, may, without prior notice, declare all sums secured hereby, irrespective of their stated due date(s), immediately due and payable and may exercise all rights and remedies provided in this Deed of Trust. 13. Acceleration On Transfer of The Property. In the event that Steinmann sells, contracts to sell, gives an option to purchase, conveys, leases with an option to purchase, or alienates the Property, or any interest therein, or suffers its title to, or any interest in, the Property to be divested, whether voluntary or involuntarily; or in the event of a sale or transfer of any beneficial interests in Steinmann (if Steinmann is a corporation, partnership, association, trust or other legal entity) City, at City's option, . may, without prior notice, declare all sums secured hereby, irrespective of their stated due date(s), immediately due and payable and may exercise all rights and remedies provided in this Deed of Trust. 14. Oblieation To Inform Citv Of Bankruntcv. Insolvencv. Transfer Of Encumbrance. Steinmann will notify City in writing, at or prior to the time of the occurrence of any event described in Sections 12 and 13 hereof, of such event and will promptly furnish City with any and all information concerning such event, which City may request. 15. Acceleration And Sale On Default. In the event of default by Steinmann in the performance of any obligation hereunder, City, at City's option, may declare all sums secured hereby immediately due and payable by delivering to Steinmann a written affidavit or declaration of default and demand for sale, executed by City and reciting facts demonstrating such default by Steinmann, together with a written notice of default and election to sell the Property. Upon receipt by Steinmann of such affidavit or declaration of default and such notice of default and election to sell, City shall cause such Page 4 of 9 notice of default and election to sell to be recorded as required by applicable law. Upon ®. the expiration of such period as may then be required by applicable law following recordation of such notice of default, and after notice of sale has been given in the manner and for the period required by applicable law, City, without demand on Steinmann, shall sell the Property at the time and place fixed in such notice of sale, either as a whole or in separate parcels, and in such order as City may direct (subject to whatever right Steinmann may have under applicable law to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale, provided, however, that City may offset its bid at such sale to the extent of the full amount owing to City under the Note and this Deed of Trust, including, without limitation, fees and expenses of sale and costs, expenses, and attorneys fees incurred by or on behalf of City in connection with collecting, litigating or otherwise enforcing any right under the Note and this Deed of Trust. City may postpone the sale of all or_any portion of the Property by public announcement made.at the initial time and place of sale, and from time to time thereafter by public announcement made at the time and place of sale fixed by the preceding postponement. City shall deliver to the purchaser at such public auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in such deed of any matter of fact shall be conclusive proof of the truthfulness thereof. Any persons, including Steinmann or City, may purchase at such sale. After deducting all costs, fees and expenses of City under this section, including costs of procuring. evidence of title and attorney's fees incurred in connection with such sale, City shall apply the proceeds of sale as follows: (i) first to the payment of all sums secured by this Deed of Trust, in such order as City, in City's sole ® discretion, may elect; and (ii) if any proceeds thereafter remain, to the person or persons legally entitles thereto. 16. Waiver of Marshaling. Notwithstanding the existence of interest in the Property other than that created by the Deed of Trust, and notwithstanding any other provision of this Deed of Trust, in the event of a default by Steinmann in the performance of any obligation hereunder, City shall have the right in City's sole discretion, to determine the order in which the Property shall be subjected to the remedies provided herein and to determine the order. in which all or any part of the indebtedness secured hereby is satisfied from the proceeds realized upon the exercise of the remedies provided herein. Steinmann and any person who now has or hereafter acquires any interest in the Property with actual or constructive notice hereof waivers any and all right to require a marshalling of assets in connection with exercise of any of the remedies provided herein . or otherwise provided by applicable law. 17. Remedies Cumulative. Each remedy provided by this Deed of Trust is separate and distinct and is cumulative to all other rights and remedies provided hereby or by applicable law, and each may be exercised concurrently, independently or successively, in any order whatsoever. 18. Reconveyance. Upon written notice of City reciting that performance or payment has been made, the City shall reconvey, without warranty, the Property then ® held hereunder. The recitals in such reconveyance of any matters of fact shall be Page 5 of 9 conclusive proof of the truthfulness thereof. The grantee in such reconveyance maybe described as "the person or persons legally entitled thereto." Such request and reconveyance shall operate as a reassignment of the rents, income, issues and profits assigned herein to City. 19. No Waiver by City. No waiver by City of any right or remedy provided by the Note, this Deed of Trust or applicable law shall be effective unless such waiver is in writing and subscribed by City. Waiver by City of any right or remedy granted to City under the Note or any provision thereof, this Deed of Trust or applicable law as to any transaction or occurrence shall not be deemed a waiver of any future transaction or occurrence. The acceptance of payment of any sum secured hereby after its due date; or the payment by City of any indebtedness or the performance by City of any obligation of Steinmann under the Note or this Deed of Trust, upon the failure of Steinmann to do so; or the addition of any payment so made by City, to the indebtedness secured hereby; or the exercise of City's right to enter upon the Property and receive and collect the rents, income, issues and profits therefrom; or the assertion by City of any other right or remedy provided by the Note or this Deed of Trust, shall not constitute a waiver of City's right to require prompt performance of all other obligations, covenants and agreements of Steinmann under the Note and this Deed of Trust, or to exercise any other right.or remedy provided by the Note or this Deed of Trust for any failure by Steinmann timely and fully to perform its obligations, covenants and agreements under the Note and this Deed of Trust. City may, without notice to or consent from Steinmann, any guarantor of Steinmann's obligations under the Note and this Deed of Trust, or any holder or claimant of a lien or other interest in the Property which is junior to the lien of this Deed of Trust, and without incurring liability to Steinmann or any other.person by so doing, waive any right or remedy provided by the Note, this Deed of Trust or applicable law. 20. Consents and Modifications: Steinmann and Lien Not Released. Notwithstanding Steinmann's default in the performance of any obligation hereunder or Steinmann's breach of any obligation, covenant or Agreement contained in the Note or in this Deed of Trust, City, at City's option, without notice to or consent from Steinmann, any guarantor of Steinmann's obligations under the Note and this Deed of Trust, or any holder or claimant of a lien or interest in the Property which is junior to the lien of this Deed of Trust, and without incurring liability to Steinmann or any other person by so doing, may from time to time: (a) extend the time for payment of all or any portion of Steinmann's indebtedness under the Note and this Deed of Trust; (b) accept a renewal_ note or notes, or release any person from liability, for all or any portion of such indebtedness; (c) agree with Steinmann to modify the terms and conditions of payment of the Note and this Deed of Trust; (d)reconvey or release other or additional security for the repayment of Steinmann's indebtedness under the Note and this Deed of Trust; (e) approve the preparation or filing of any map or plat with respect to the Property; (f) enter into any extension or subordination agreement affecting the property or the lien of this Deed of Trust; and (g) agree with Steinmann to modify the term, the rate of interest or period of amortization of the Note or alter the amount of the installments payable thereunder. No action taken by City under the provisions of this Section shall be effective unless in writing, subscribed by City, and, except as expressly provided in such Page 6 of 9 writing, no such action shall impair or affect: the obligation of Steinmann to pay all sums ® secured by this Deed of Trust and to observe all obligations, covenants and agreements of Steinmann contained in the Note and in this Deed of Trust; or the guaranty of any person, corporation, partnership or other entity of the payment of the indebtedness secured - hereby; or the lien or priority of the lien of this Deed of Trust. Upon request by City, Steinmann will promptly pay City a reasonable service charge, together with all insurance premiums and attorneys' fees as may have been advanced by City, for any action taken by City under this Section. 21. Consents and Approvals To Be In Writing. Whenever the consent or approval of City is specified as a condition of any provision of this Deed of Trust,.such consent or approval by City shall not be effective unless such consent or approval is in writing, subscribed by City. 22. Waiver of Right of Offset. No portion of the indebtedness secured by this Deed of Trust shall be or be deemed to be offset or compensated by all or any party of any claim, cause of action, counterclaim or cross -claim, whether liquidated or . unliquidated, which Steinmann may have or claim to have against City. Steinmann hereby waives, to the fullest extent permitted by applicable law, the benefits of California Code of Civil Procedure §431.70, which provides: Where cross -demands for money have existed between persons at any point in time when neither demand was barred by the statute of ® limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person's claim would at the time of filing the answer be barred by the statute of limitations. If the cross -demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross -demand is barred for failure to assert it in a prior action under § 426.30. Neither person can be deprived of the benefits of this section, by the assignment or death of the other. For the purposes of this section, a money judgment is a "demand for money" and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is. barred under Chapter 3 (commencing with § 683.010) of Division I of Title 9. 23. Notices. Except for any notice required by applicable law to be given in another manner: (a) all notices provided in the Note or in this Deed of Trust shall be in writing; (b) each such notice to Steinmann shall be given by mailing such notice by first- class mail, to Steinmann's address specified herein, or to such other address as Steinmann may designate by notice given to City in the manner provided herein; and (c) each such notice to City shall be given by mailing such notice by certified mail, return receipt ® requested, to City's address at P.O. Box 819, Morro Bay, California 93442 or to such Page 7 of 9 other address as City may designate by notice given to Steinmann in the manner provided herein. All notices provided for in the Note and this Deed of Trust shall be deemed to have been given to Steinmann or City if given in the manner specified herein. . 24. Severability. If any section, paragraph, clause or provision of the Note or this Deed of Trust is construed or interpreted by a court of competent jurisdiction to be void, invalid or unenforceable, such decision shall affect only those sections, paragraphs;: clauses or provisions so construed or interpreted and shall not affect the remaining paragraphs, clauses and provisions of the Note or this Deed of Trust. 25. General Provisions. (a) This Deed of Trust applies to, inures to the benefit of, and binds, the respective heirs, legatees, devisees, administrators, executors, successors in interest to the property and assigns of such person. (b) As used herein, the term "City" shall mean and include the owner and holder (including a pledgee) of any Note or obligation secured hereby, whether or not named as City herein, and the heirs, legatees, devisees, administrators, executors, successors and assignees of any such person. (c) As used herein, the term "Steinmann" shall mean and include the obligor under the Note, whether or not named as Steinmann herein, the heirs, legatees, devisees, administrators, executors, successors in interest to the Property, and assigns of any such person. (d) As used herein, the word "person" shall mean and include natural persons, corporations, partnerships, unincorporated associations, joint ventures and any other form of legal entity. (e) As used herein, the word "Property" shall mean and include the Property and any part thereof. (f) As used herein and unless the context otherwise provides, the words "herein," "hereunder" and "hereof' shall mean and include this Deed of Trust as a whole, rather than any particular. provision hereof. (g) In exercising any right or remedy, or taking any action provided herein, City may act through its employees, agents or independent contractors, as authorized by City. (h) Wherever the context so requires herein, the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. . (i) Captions and paragraph headings used herein are for convenience only, are not a part of this Deed of Trust and shall not be used in construing it. Page 8 of 9. ® 26. Deleeation of Authority. Wherever this Deed of Trust provides that Steinmann authorizes and appoints City Steinmann's attorney -in -fact, to perform any act, for or on behalf of Steinmann or in the name, place and stead of Steinmann, it is expressly understood and agreed such authority shall be deemed a power coupled with an interest and such power shall be irrevocable. E 27. Governing Law. This, instrument shall be governed by the laws of the United States, and the rules and regulations promulgated thereunder, together with the laws of the State of California which are not inconsistent with or preempted by the former. 28. Request for Notice of Default. The undersigned Steinmann requests that a copy of any Notice of Default and any Notice of sale hereunder be mailed to him at his _ address specified herein. IN WITNESS WHEREOF, Steinmann has executed this Deed of Trust. Borrower: C-� Steinmann STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On . G U before me, C iG� �} �r a notary public in and for said state, personally appeared Josef M. Steinibarm, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary P blic S(nvs1=bcry.harbor/stein nndeedof&=I-doc CHRISTI HARKNESS COMM.11121779 =a Noisy Puboc-Ca;i�a S94 LUIS OBISPO COL"% y / My Comm. &p Ja .18, 24Q11 Page 9 of 9 ® RESOLUTION NO. 49-00 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A TWO (2) HOUR PARKING LIMITATION ON THE NORTH SIDE OF MORRO BAY BOULEVARD BETWEEN QUINTANA ROAD AND KERN AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 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 the area on Morro Bay Boulevard between Quintana Road and Kern Avenue, as shown in the exhibit, for a two (2) hour parking limitation: and. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that a two (2) hour parking limitation is hereby designated for the existing parking spaces on the north side of Morro Bay Boulevard between Quintana Road and Kern Avenue as shown in the exhibit: and, BE IT FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 24th day of June. 2000, by the following vote. AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None LIRPDgeR ANDERSON, MAYOR ATTEST: C r� L D 1� _e 11 ® RESOLUTION NO.48-00 RESOLUTION PROHIBITING SKATEBOARDING AND ROLLER SKATING FROM PUBLIC PROPERTY DESIGNATED FOR AND DURING THE HOURS OF THE DOWNTOWN FISHERMAN'S MARKET THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 10.54.040 authorizes the City Council to prohibit skateboarding and roller skating (roller blades) from specified public property; and WHEREAS, the Chamber of Commerce sponsored Fisherman's Market is held on public property and streets that are closed to vehicular traffic one day each week; and WHEREAS, the Fisherman's Market draws large numbers of attendees and vendors who are confined to a site of limited space in the downtown area; and WHEREAS, due to the high concentration of pedestrians at the Fisherman's Market site. skateboarding and roller skating (roller blades) would be both a nuisance and public safety hazard; ® NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California, that skateboarding and roller skating (roller blades) is hereby prohibited from the public property and street designated for and during the hours of the Fisherman's Market when such prohibition is properly posted; and BE IT FURTHER RESOLVED, that such prohibition of skateboarding and roller skating (roller blades) during the Fisherman's Market site shall continue during subsequent Fisherman's Market sites until rescinded or modified by future City Council action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24' day of July, 2000, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSTAIN: None OD ER AND RSON, Mayor ATTEST: ® BRIDGET%BAUER, City Clerk RESOLUTION NO.47-00 ® APPROVAL OF A 1 YEAR LEASE FOR THE VACANT. PARCEL LOCATED AT 220 ATASCADERO ROAD TO BE IMPROVED FOR A BIKE PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Puett family is the owner of a vacant lot at 220 Atascadero Road in Morro Bay; and, WHEREAS, the there has been substantial',need, as documented through several Public Hearings and in the Recreation and Parks Deprtment Work Program document, for a bike track in Morro Bay; and, WHEREAS, the Puett family and the City have proposed a I year lease for said property under which the City will construct and maintain a bike track. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the I year lease between the Puett family and the City of Morro Bay for construction ® and maintenance of a bike park is hereby approved. The Mayor is hereby authorized to execute said lease on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10' day of July, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 4nrANDERSON, MAYOR ATTEST: BRIDGETT UER, CITY CLERK r C� LEASE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY ® MARY JANE AND DONALD PUETT ® RESOLUTION NO.47-00 APPROVAL OF A 1 YEAR LEASE FOR THE VACANT PARCEL LOCATED AT 220 ATASCADERO ROAD TO BE IMPROVED FOR A BIKE PARK THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, the Puett family is the owner of a vacant lot at 220 Atascadero Road in Morro Bay: and, WHEREAS, the there has been substantial need. as documented through several Public Hearings and in the Recreation and Parks Deprtment Work Program document, for a bike track in Morro Bay: and. WHEREAS, the Puett family and the City have proposed a 1 year lease for said property under which the City will construct and maintain a bike track. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the 1 year lease between the Puett family and the City of Morro Bay for construction ® and maintenance of a bike park is hereby approved. The Mayor is hereby authorized to execute said lease on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10' day of July, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None OD ER ANDERSON. MAYOR ATTEST: `I�-JAY BRIDGETT UER, CITY CLERK ® LEASE AGREEMENT This Lease Agreement (hereinafter referred to as "LEASE") is made and entered into as of this day of , 2000 and between the CITY OF MORRO BAY (hereinafter referred to as "CITY") and Mary Jane and Donald Puett. (hereinafter referred to as "LANDLORD"). WHEREAS, LANDLORD owns Assessor's Parcel #066-332-004 which is currently vacant, and: WHEREAS, LANDLORD and CITY desire to develop a bicycle riding track on the vacant portion of the LANDLORD'S property under the terms and conditions set forth below. NOW THEREFORE, LANDLORD agrees to lease said property to CITY under the following terms and conditions: 1. LEASED AREA, CONDITION OF SITE The leased area, hereinafter called "Site", shall be that portion of the property outlined in yellow and described on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is leased to CITY in an "as is" condition and CITY agrees that it has investigated the condition of the Site and determined that the Site is suitable to the proposed operations of CITY. 2. CONSTRUCTION OF IMPROVEMENTS AND MAINTENANCEArND REPAIROF ® SITE CITY shall construct a fence on the eastern boarder of parcel, build dirt ramps and other bicycle obstacles and install signage with bicycle track rules at CITY's sole cost and expense as outlined in Exhibit A. CITY agrees to maintain the improvements to be constructed on the Site in good, usable and safe condition at all times during the term of this LEASE. 3. TERM The term of this LEASE shall commence on July I I, 2000 ("Commencement Date") and terminate on July 10, 2001 ("Termination Date'): provided, however, that CITY may terminate this lease on 60 days written notice to LANDLORD at any time for any reason. LANDLORD may terminate this lease on a 60 day written notice to the CITY at any time for any reason. CITY shall have the option to extend this lease for a second year under the same terms by mutual agreement of both parties hereto. 4. RENT CITY shall pay to LANDLORD in lawful money of the United States of America, a one year rent in advance of the "Commencement Date" as outlined below: July 11, 2000 - July 10, 2001 $2,800 CITY shall pay the first year rent to LANDLORD upon execution of this LEASE. In the case of ® termination by the LANDLORD prior to the Termination Date, any prepaid rent shall be refunded to CITY on a prorate basis (based on the number of days of LEASE was in effect during the year of Lease Agreement-Puett ® Page 3 11. INDEMNIFICATION & INSURANCE CITY shall defend, indemnify and hold LANDLORD and the property of LANDLORD, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from CITY's occupation and use of said Site, except for any such liability, claim, loss, damage or expense caused by or arising out of LANDLORD's act or omission. Subject to the foregoing, CITY's indemnification obligation shall include without limitation, any liability, claim, loss, damage, or expense arising by reason of. (a) The death or injury of any person who is a guest, employee, agent or contractor fo CITY, or by reason of the damage to or destruction of any property owned by CITY or by any person who is a guest, employee, agent or contractor of CITY, while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of CITY, or by reason of the damage to or destruction of any property, including property owned by CITY or any person who is a guest, employee, agent or contractor of CITY, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of CITY; ® (c) Any work performed on said Site or materials furnished to said Site at the instance or request of CITY or any person or entity acting for or on behalf of CITY; or (d) CITY's failure to perform any provision of this LEASE or to comply with any requirement of law or any requirement imposed on CITY or said Site by any duly authorized governmental agency or political subdivision. Notwithstanding anything to the contrary herein, CITY shall be obliged to indemnify LANDLORD under this SECTION 11 if and only if LANDLORD gives CITY prompt notice of any claim for indemnification and LANDLORD provides CITY with such cooperation in the defense of such claim as CITY may reasonably request. CITY shall, at CITY's own cost and expense, secure promptly after the execution of this LEASE and maintain during the entire LEASE Term, a broad form commercial general liability insurance policy or policies which insures CITY's public liability, property damage and business automobile exposures with the combined single limit of not less than $1,000,000.00 12. DESTRUCTION This LEASE shall remain in full force and effect, including CITY's obligations to pay rent, in all events of destruction to the Site, unless otherwise modified by the mutual written agreement of the ® LANDLORD and CITY. Lease Agreement-Puen ® Page 5 reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. (c) The words "LANDLORD" and "CITY" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. (d) Time is of the essence of each and all of the agreements, covenants and conditions of this LEASE. (e) This LEASE shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this LEASE shall be, in all cases, construed according to its fair meaning and not strictly for or against LANDLORD or CITY. (f) This LEASE, together with the Exhibits attached hereto, constitutes the final, complete and exclusive agreement between LANDLORD and CITY with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written, including without limitation all prior lease agreements with regard to the Site. This LEASE may not be ® amended or modified in any respect whatsoever except by an instrument in writing signed by LANDLORD and CITY. IN WITNESS WHEREOF, LANDLORD and CITY have executed this LEASE by proper persons thereunto duly authorized as of the date first herein above written. Approved as to Content CITY MANAGER CITY OF MORRO BAY Robert Hendrix CITY OF MORRO BAY od r Anderson, Mayor LANDLORD Donald Puett RESOLUTION NO.46-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on June 12. 2000 the City Council did adopt Resolution No. 32-00 declaring the Council's intent to levy an assessment for the annual maintenance ofthe Cloisters Park and Open Space and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for July 10, 2000 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the proposed district regarding the proposed assessment and listing the date; time and ® location of the protest hearing, as well as being published in the local newspaper; and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District on July 10, 2000 at the Veteran's Memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the annual levy for the maintenance of Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of S148,944 to be equally distributed per assessable parcel for the Fiscal Year 2000-01 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 2000-01 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. El Resolution No. 46-00 ® Paee 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 1 Oth day of July, 2000 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None O ER ANDERSON, MAYOR ATTEST: BRIDGET703AUER, CITY CLERK E SAN µme° sr�� aqa• EXHIBIT A _M U F -. - VJ _ ♦ ! W .q� y Q Qy g \ Q. tA C/ O� •f � w � m r_ .. aa N . : �.r'a row •- ____ _ l .A F- Q � O r,.,lr=ram, r s n 8 1 ai �c1 �....... 1 1 1 -. . CO1 tee.. E 3 mE r I\ Lo -. O H�GNWAY NO.. �Flak - cto A to s � LLO WW ' �1 w 'ul n m _F M-s-a *Mt-Sso " ... .. .. lJ RESOLUTION NO. 45-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on June 12, 2000 the City Council did adopt Resolution No. 31-00 declaring the Council's intent to levy an assessment for the annual maintenance of the North Point Natural Area and approving the Engineers Report: and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for July 10. 2000 at 6:00 p.m. in the Veteran's Memorial Building; and ® WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the proposed district regarding the proposed assessment and listing the date. time and location of the protest hearing; as well as being published in the local newspaper: and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on July 10, 2000 at the Veteran's Memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the annual levy for the maintenance of North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of S5.645 to be equally distributed per assessable parcel for the Fiscal year 2000-01 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shal I constitute the levv of an assessment for the Fiscal Year 2000-01 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. E Resolution No. 45-00 ® Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meetine thereof held this 1 oth day of July; 2000 by the following roll call vote: AYES: Anderson, Crotzer, Peters NOES: Elliott, Peirce ABSENT: None 440z'�� O GER ANDERSON, MAYOR ATTEST: BRIDGETIMAIJER, CITY CLERK EXHIBIT A C1TY Of MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM } NORTH POINT NATURAL.AREA LEGEND 1 1. = LOT NUMBER ' rv° _ r.16 AC� -� o� i0 COUNTY ASSESSORS PARCEL NUNEER a o 9..s 2 G AJRFAy. ,.. 6. TRACT 2110 ' g 21 s a . 1143 �� 73 10 9� In RESOLUTION NO 44-00 RESOLUTION APPROVING EASEMENT AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE MORRO BAY HIGH SCHOOL BIKE PATH the CITY COUNCIL, City of Morro Bay, California WHEREAS, the Circulation Element and Bikeway Planning Study of the City of Morro Bay and regional planning policies identify the construction of a bike path parallel to State Highway 1 through the Morro Bay High School property as a priority route for alternative modes of transportation; and WHEREAS, the City has acquired grant funding to develop said regionally significant bike path; and WHEREAS, the San Luis Coastal Unified School District, as owner of the property upon which said High School exists, has agreed to grant an easement said bike path; and WHEREAS, a document entitled "Agreement between the City of Morro Bay and the San Luis Coastal Unified School District for the creation, construction, maintenance and use of an easement for a bicycle path over Morro Bay High School property' (hereinafter referred to as "Easement Agreement") has been prepared for such purpose; and WHEREAS, it is in the public interest to enter into said Easement Agreement. ® NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that said Easement Agreement is hereby approved; and BE IT FURTHER RESOLVED, the Mayor is herewith authorized to execute documents necessary to reflect this approval. PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on the 101" day of July, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: A�6DptR4NIbLIRSON, Mayor AA j Q 0 RIDG4NAUER, ® AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE CREATION, CONSTRUCTION, MAINTENANCE AND USE OF AN EASEMENT FOR A BICYCLE PATH OVER MORRO BAY HIGH SCHOOL PROPERTY This Agreement is made and entered into this _ day of 12000 by and between the CITY OF MORRO BAY, a municipal corporation, hereinafter referred to as "CITY," and the SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, a school district located within the County of San Luis Obispo, hereinafter referred to as "DISTRICT." WHEREAS, the DISTRICT is the owner of that certain real property commonly known as Morro Bay High School, 235 Atascadero Road, Morro Bay, California hereinafter referred to as "DISTRICT property", and which is more particularly described as: That certain property in the City of Morro Bay, County of San Luis Obispo, State of California conveyed to the San Luis Coastal ® Unified School District per the deed recorded May 15, 1978, in Book 2070 of Official Records at page 64, in the office of the County Recorder of said county, and which is also identified as Assessor's Parcel No. 65-182-001. WHEREAS, the CITY has been in the continuous process of designing, building, and maintaining a bicycle path through certain portions of the City, and the CITY now wishes to continue this bicycle path across certain portions of the DISTRICT property. WHEREAS, the DISTRICT was issued a Coastal Development Permit by the Morro Bay Planning Commission to allow for the phased expansion of Morro Bay High School. This Permit is hereinafter referred to as "CDP 77-88R;" and WHEREAS, CDP 77-88R requires, and the DISTRICT agreed to, "provide a ten -foot wide pedestrian/bicycle easement adjacent to the easterly property line of the high school" and that "the ® precise location of the easement shall be approved by the Public Works Director" of the CITY; and WHEREAS, the CITY has acquired construction grant monies for a regionally significant bikeway along that route and wishes to now obtain the easement from the DISTRICT. NOW, THEREFORE, the CITY and DISTRICT agree as follows: ARTICLE 1. PROPERTY AND PURPOSE THEREOF a. Description. Size. and Location of Easement: DISTRICT hereby grants an easement to the CITY with respect to the real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, and described in Exhibit "A," (and Exhibit I thereto) which is attached hereto and is made part of this agreement. The easement shall be situated adjacent to the easterly property line of Morro Bay High School. b. Scope, Purpose and Duration of Easement: The purpose of the easement is to allow for the construction, maintenance, and public use of a bicycle path, and necessary signage, fixtures, and property thereon, through and over DISTRICT property. The bicycle path will be used by cyclists and pedestrians. The duration of the easement shall be perpetual. The CITY shall have the right to enter and remain on the easement for purposes of repairing, maintaining, and improving the bicycle path and all fixtures or property appurtenant thereto. The DISTRICT shall have no obligation to maintain the bicycle path. ARTICLE 2. PROHIBITION AGAINST UNILATERAL ASSIGNMENTS Neither party to this Agreement may assign its rights or obligations under this Agreement without the prior written consent of the other party to the Agreement. ARTICLE 3. TERMS BINDING ON SUCCESSORS AND ASSIGNS The easement shall run with the land. All of the terms, covenants, and conditions of this 2 Agreement shall insure to the benefit of, and be binding upon, the successors and assigns of the CITY and the DISTRICT. The provisions of this paragraph shall not be deemed as a waiver of the prohibition against unilateral assignments. ARTICLE 4. TERM The term of this Agreement shall be in perpetuity from the date of execution thereof. The Agreement may not be terminated without the express written consent of both the DISTRICT and the CITY. ARTICLE 5. IMPROVEMENTS TO PREMISES All improvements constructed or placed by the CITY on or within the easement, including, but not limited to, fixtures and property, shall be, and shall remain, property of the CITY. ARTICLE 6. ABANDONMENT OF PREMISES ® The CITY shall not vacate or abandon the easement or the bicycle lane at any time during the term hereof. If CITY abandons or vacates the easement or bicycle lane, any property or improvements belonging to CITY left upon the easement property shall be deemed to be abandoned, and may be removed by DISTRICT at CITY cost, or shall become DISTRICT property, at the option of the DISTRICT. The easement property shall be restored by the CITY to its pre-existing condition, or shall be left as is, at DISTRICT'S option, at no cost to the DISTRICT. However, no assignment, modification, novati on, or cancellation of Es agreement, or any of the terms thereof, if agreed to by both CITY and DISTRICT, shall constitute an abandonment or vacating of the easement under the terms of this paragraph. ARTICLE 7. INDEMNIFICATION CITY shall indemnify and defend District against all claims, demands and liability of every ® nature arising from the design, construction, and maintenance of the bicycle path, unless such claims, demands and/or liability did not in fact arise from the acts or omissions of the CITY. 3 ARTICLE 8. AGREEMENT IN WRITING This Agreement contains the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally, or by any other agreement between the parties, unless such agreement be expressed in writing, signed and acknowledged by CITY and DISTRICT, or by their lawful successors in interest. Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual consent, agree. in writing to modifications, novations, additions, or termination where such a change is not forbidden bylaw IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first set forth above. CITY OF MORRO BAY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT By By: R AN15ERMN, Mayor STEVEN LADD, Superintendent ATTEST:' APPROVED AS TO FORM: CITY OF MORRO BAY —FA PrN 'UL ERT L7 City Attorney G:\7RANS\AGR\SLCUSD\B &ePatbAg`mt-0405. wpd 4 ATTEST: RORY L. LIVINGSTON Ass't. Superintendent, Business APPROVED AS TO FORM: SINSHEIMER, SCHIEBELHUT & BAGGETT THOMAS M. DUGGAN Attorneys for San Luis Coastal Unified School District Recording requested by: and When recorded mail to: City of Morro Bay Capital Projects Division 595 Harbor Street Mono Bay, CA 93442 EASEMENT The San Luis Coastal Unified School District (hereinafter "DISTRICT') hereby grants to the City of Morro Bay, a political subdivision of the State of California (hereinafter "CITY') an easement over DISTRICT property in the county of San Luis Obispo, California, which is more particularly described as: That certain property in the City of Morro Bay, County of San Luis Obispo, State of California conveyed to the San Luis Coastal Unified School District per the deed recorded May 15, 1978, in Book 2070 of Official Records at page 64, in the office of the County Recorder of said county, and which is also identified as Assessor's Parcel No. 65-182-001. ® The purpose of the easement is to allow for the construction, maintenance, and public use of a bicycle path, and necessary signage, fixtures, and property thereon, through and over DISTRICT property. The bicycle path will be used by cyclists and pedestrians. The duration of the easement shall be perpetual. The CITY shall have the right to enter and remain on the easement for purposes of repairing, maintaining, and improving the bicycle path and all fixtures or property appurtenant thereto. The easement shall consist of the property described in Exhibit 1 hereto. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Dated: This _ day of 12000, By: Steven Ladd, Superintendent LEGAL DESCRIPTION 0 BEING A PORTION OF THAT PROPERTY IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA CONVEYED TO THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT PER THE DEED RECORDED MAY 15, 1978, IN BOOK 2070 OF OFFICIAL RECORDS AT PAGE 64, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 8, BLOCK 24 OF ATASCADERO BEACH AS SHOWN ON THE SURVEY RECORDED DECEMBER 24, 1992, IN BOOK 69 OF RECORDS OF SURVEY AT PAGE 3, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 8, NORTH 87023'56" EAST, 30.96 FEET; THENCE NORTH 15°27'34" WEST, 382.80 FEET; THENCE NORTH 72000'11" EAST, 58.42 FEET; THENCE NORTH 78°53'45" EAST, 39.31 FEET; THENCE NORTH 82°49'41" EAST, 53.57 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 91.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°39'36" AND AN ARC LENGTH OF 55.05 FEET; THENCE NORTH 48010'05" EAST, 10.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 41.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59036'13" AND AN ARC LENGTH OF 42.65 FEET; THENCE NORTH 11'26'08" WEST, 84.39 FEET; THENCE NORTH 07036'10" WEST, 92.57 FEAT; THENCE NORTH 06°20'55" WEST, 89.75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 191.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°20'38" AND AN ARC LENGTH OF 34.48 FEET; THENCE NORTH 16041'33" WEST, 217.25 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 209.00 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11040'06" AND AN ARC LENGTH OF 42.56 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 500.00 FEET, THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8031'07" AND AN ARC LENGH OF 74.34 FEET; THENCE NORTH 13032'34" WEST 21.29 FEET; THENCE NORTH 11041'42" WEST 62.03 FEET; THENCE NORTH 15028'53" WEST 126.83 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 200.00 FEET, THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27015'48" AN ARC LENGTH OF 95.17 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 200 FEET; THENCE NORHTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28°36'39" AND ARC LENGTH OF 99.87 FEET, THENCE NORTH 14008'02" WEST 144.81 FEET; THENCE NORTH 20°50'19" WEST 69.31 FEET, THENCE NORTH 31 °31'41" WEST 36.64 FEET; THENCE NORTH 62'08'56" WEST 35.44 FEET; THENCE NORTH 30055'20" WEST 24.59 FEET; NORTH 15056'46" EAST 17.79 FEET; THENCE NORTH 05043'16" WEST 36.82 FEET TO THE SOUTHERLY LINE OF THE MAP OF TRACT 1996 AS RECORDED OCTOBER 8, 1996, IN BOOK 17 OF MAPS AT PAGE 83, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE, NORTH 82°48'09" EAST, 15.30 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 1; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING COURSES: 1) SOUTH 9.55" 2" EAST, 20.11 FEET; THENCE 2) SOUTH 75-32-55" EAST, 95.02 FEET; THENCE 3) SOUTH 15°35'02" EAST, 588.00 FEET; THENCE 4) SOUTH 13°32'34" EAST, 397.74 FEET, THENCE 5) SOUTH 08°26'06" EAST, 421.09 FEET TO THE SOUTHEASTERLY CORNER OF SAID SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT PROPERTY L ,. THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PROPERTY, SOUTH 74°25'11" WEST, 32.98 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 78°13'12" WEST 180.53 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 8; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 15-34'17" EAST, 368.19 FEET TO THE POINT OF BEGINNING. ;'JIO'HN R. SANDERS DATE vV�O�Ft. F� L.S.5812 EXP.613012000 \ r r! �c EXP.&Lk 20 No. 5812 OF November 12, 1999 I:\98223\Document\School Easement2.wpd Lam' `JIS-ff RS - E 1 co 1 S w 9 RESOLUTION NO.43-00 ® APPROVAL OF AMENDMENT 92 TO THE MASTER LEASE FOR LEASE SITE 71-74/71 W-74W TO RESTRUCTURE THE PERCENTAGE OF GROSS SALES SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 71-74/71 W-74W: and. WHEREAS, Morro Bay Marina is the lessee of said property; and, WHEREAS, in 1994 the City and Morro Bay Marina, in an effort to expedite rental of the upper level of the lease site buildings to obtain full occupancy, amended the master lease to replace the Percentage of Gross Sales Schedule with a new Percentage of Gross Sales Schedule to gradually phase in the >% gross sales rent; and, WHEREAS, the City and Morro Bay Marina agree that the phased in Percentage of Gross Sales needs to be extended to accomplish the full occupancy desired by the City.and Morro Bay Marina; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment 92 for Lease Site 71-74/71 W-74W replacing the Percentage of Gross Sales Schedule is ® hereby approved and that the Vice -Mayor is hereby authorized to execute said amendment.. BE IT FURTHER RESOLVED, that approval and execution of Amendment 92 for Lease site 71-74/71 W-74W is subject to the City's receipt of executed amendment documents and approval by lessee's financing institution if necessary. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26" day of June, 2000, by the following vote: AYES: - Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ABSTAIN: Anderson J4 tpp 0� I t 0 WILLIAM PEIRCE,ME-MAYOR ")k�0..RA �— ® BRIDGETT MUER, CITY CLERK AMENDMENT #2 LEASE AGREEMENT FOR LEASE SITES 71-74/71W-74W ® This Amendment #2 (the amendment) is made and entered into as of this day of June. 2000 by and between the City of Morro Bay, a municipal corporation of the state —of California (hereinafter "City" ) and Morro Bay Marina, a California General Partnership consisting of Robert Waterman and Carol Trapp d.b.a. Marina Square (hereinafter "Tenant') to amend that certain ground lease for Lease Site 71-74/71 W-74W between City and Tenant dated June 26, 1991 (the lease). WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Site 71-74/71 W-74W; and, WHEREAS, on June 26, 1991 City and Tenant, then consisting of three partners, Don Appling , Robert Waterman and Carol Trapp, entered into a 50 year lease agreement for the sites: and. WHEREAS, on Sept 26 1994, City and Tenant amended the lease agreement to make certain changes to the agreement including a phasing of percentage of gross sales rent; and, WHEREAS, City and Tenant wish to amend the lease again to allow for continuation of phased percentage of gross sales rent and reach an agreement on total rent due in FY 98-99; and, WHEREAS, Tenant has notified City that Don Appling is no longer a member of the Morro Bay Marina Partnership-, and, ® WHEREAS, the lease agreement states that a transfer in partnership interest of less than 40 percent does not require City approval of assignment however; this amendment shall make a record of the Tenant's current ownership. NOW THEREFORE, City and Tenant mutually agree to amend the lease or clarify certain terms of the agreement as follows: 1. PARTNERSHIP: Morro Bay Marina Partnership (Tenant) now consists of two partners:. Carol Trapp and Robert Waterman. 2. FY 98-99 RENT: FY 98-99 rent due (both percentage and minimum ) is hereby set at $63,787 which is the amount paid to date by Tenant to City for that period. 3. EXHIBIT B - PERCENTAGE OF GROSS SALES: Exhibit B of Amendment No. 1 to the lease which set a phased in percentage of gross sales rent shall be deleted and replaced as follows: Commencing in FY99-00 and for each consecutive year up to and including FY 04-05 Tenant's percentage of gross sales rent shall be 3% of all gross,sales attributable to first floor businesses or activities and 2% of all gross sales attributable to second floor businesses or activities and 10% of all Morro Bay Marina slip rental income. 11 Amendment # 2 Lease Site 71-741711K741V Page 2 Commencing in FY 05-06 and for each year of the lease.thereafter, gross sales rent shall be 5% of all gross sales attributable to first floor businesses or activities and 3% of all gross sales attributable to second floor businesses or activities and 10% of all Morro Bay Marina slip rental income. All other terms and conditions of the lease shall remain in.full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this amendment. CITY OF MORRO BAY ( I O�JQA61 (a I r William liam Peirce, Vice- ayor obert Hendrix, City Manager APPROVED AS TO FORM: I aAX e. Bridgett B r, City Clerk MORRO BAY MARINA Robert Waterman Carol Trapp ® RESOLUTION NO.42-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ORDERING PLACED ON THE BALLOT OF THE NEXT GENERAL i\IUNICIPAL ELECTION AN INITIATIVE PROPOSING ADMENDDIENTS TO THE GENERAL PLAN LAND USE ELEMENT AND COASTAL LAND USE PLAN REGARDING THE DEVELOPMENT OF ELECTRICAL -GENERATING FACILITIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, an initiative petition was presented to the City Clerk on April 28, 2000, proposing amendments to the General Plan Land Use Element and Coastal Land Use Plan regarding the development of Electrical -Generating Facilities; and WHEREAS, said initiative petition has been examined by the City Clerk and certified as being sufficient in accordance with Section 9115 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at the next general municipal ® election to be held on November 7, 2000; and WHEREAS, the Morro Bay City Council did, by Resolution No. 42-00, call said general municipal election and requested the County Board of Supervisors to approve consolidation of the election with the statewide election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: The City Council, pursuant to its authority in accordance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the following question: Shall an ordinance be enacted so that no amendment to the Morro Bay General Plan Land Use Element or to the Morro Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Morro Bay shall be effective until approved by a majority vote of those voting in an election in the City of Morro Bay? Yes \ \ No A \ E El u Resolution No. 42-00 Page Two 2. The City Clerk is hereby directed to forward a copy of Resolution No. 42-00 to the County Clerk for inclusion in the ballot for the November 7, 2000 general municipal election. 3. 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. 4. The City Council hereby directs the City Attorney to prepare 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 261 day of June, 2000 on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer Resolution No. 42-00 was amended by the City Council of the City of Morro Bay at a regular meeting held on the 24" day of July, 2000 on the following vote: AYES: Anderson, Crotzer, NOES: None ABSENT: None ATTEST: BRIDGETT UER, City Clerk Elliott, Peirce, Peters ywul�,�Ikl -Z�� IrDrLAXSON, Mayor i &f l 6-a6-(so -Z4-&0 ® RESOLUTION NO.42-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ORDERING PLACED ON THE BALLOT OF THE NEXT GENERAL MUNICIPAL ELECTION AN INITIATIVE PROPOSING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT AND COASTAL LAND USE PLAN REGARDING THE DEVELOPMENT OF ELECTRICAL -GENERATING FACILITIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, an initiative petition was presented to the City Clerk on April 28, 2000, proposing amendments to the General Plan Land Use Element and Coastal Land Use Plan regarding the development of Electrical -Generating Facilities; and WHEREAS, said initiative petition has been examined by the City Clerk and certified as being sufficient in accordance with Section 9115 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at the next general municipal ® election to be held on November 7, 2000; and WHEREAS, the Mono Bay City Council did, by Resolution No. 42-00, call said general municipal election and requested the County Board of Supervisors to approve consolidation of the election with the statewide election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay, California, as follows: The City Council, pursuant to its authority in accordance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the following question: MEASURE "0-2000" No amendment to the Mono Bay General Plan Land Use Element or to the Mono Bay Coastal Land Use Plan that would authorize or otherwise sanction the development or replacement of any electrical -generating facility that exports electricity outside the city limits of the City of Mono Bay shall be effective until approved by a majority vote of those voting in an election in the City of Mono Bay. Yes \ \ No \ \ ® Resolution No. 42-00 Page Two The City Clerk is hereby directed to forward a copy of Resolution No. 42-00 to the County Clerk for inclusion in the ballot for the November 7, 2000 general municipal election. 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. 4. The City Council hereby directs the City Attorney to prepare 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. PASSED AIND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of June, 2000 on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ® G ANDE SON, Mayor ATTEST: 1 Ow.A_it/ B GET— AUER, City Clerk 11 ® RESOLUTION NO.41-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND CALLING AN ADVISORY BALLOT ELECTION; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 7, 2000; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW THE CITY COUNCIL City of 1Ylorro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for ® the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of bvo years; and WHEREAS, in accordance with Section 9603 of the California Election Code, general law cities in the State of California may hold, at its discretion, an advisory ballot election on any date on which that jurisdiction is currently permitted to hold a regular or special election for the purpose of allowing voters within the jurisdiction, to voice their opinions on substantive issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal. WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election and advisory ballot election be consolidated with the statewide general election to be held on November 7, 2000 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election; and NONA', THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 11 ® Resolution No. 41-00 Page Two There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 7, 2000, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to California Elections Code Section 9603, the City Council of Morro Bay does hereby call an advisory ballot election on Tuesday, November 7, 2000, for the purpose of allowing voters to voice their opinion on the advisory measure set forth in the following section herein which measure affects the residents of said jurisdiction; and 3. The exact form of the advisory measure to be submitted to the qualified electors of said City at said general municipal election on November 7, 2000 is as follows: MEASURE "P-2000" ® ADVISORY VOTE ONLY Shall the City Council of Morro Bay support a single phase project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? \ \ Yes \ \ No 4. The exact ballot wording of the advisory measure to be submitted to the qualified electors of said City at said general municipal election on November 7, 2000, is as follows: MEASURE "P-2000" ADVISORY VOTE ONLY Shall the City Council of Morro Bay support a single phase project for the replacement and demolition of the existing Morro Bay Power Plant (estimated to be completed by 2007) if the project complies with all regulatory laws, ordinances, regulations and standards? ® \ \ Yes \ \ No ® Resolution No. 4 1 -00 Page Three 5. Pursuant to the requirement of Section 10403 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 7, 2000; and 6. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; 7. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and 8. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general ® election; and 9. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 10. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of June, 2000 ,on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ANDE S N, Mayor ATTEST: ® BRIDGET03AUER, City Clerk RESOLUTION NO. 39-00 ® RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. 9910A: CITY DOCK FIRE SPRINKLER SYSTEM TO FIRETECH AUTOMATIC SPRINKLER The City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay is lessor of certain property on the Morro Bay waterfront described as Lease Site 129W-133W; and WHEREAS, the reconstruction of said Lease Site has been authorized and a $231,500 grant from the State Resources Agency has been acquired (grant agreement no. 1-A-98, contract no. OCA82126) to assist in a reconstruction project; and WHEREAS, the first phase of said reconstruction has been completed, plans and specifications were prepared for the second phase, Project No. 9910A: City Dock Fire Sprinkler System and the Project was bid pursuant to the Public Contract Code; and WHEREAS, Firetech Automatic Sprinkler submitted the lowest responsible bid for the Project in the total bid amount of $46,194.00 for the design and installation of the fire suppression system; and WHEREAS, adequate funds remain in said grant and it is in the interests of the general welfare that the Project contract be awarded for the scope of work contemplated by said bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the contract for Project No. 9910A: City Dock Fire Sprinkler system is hereby awarded to Firetech Automatic Sprinkler in the amount of $46,194.00; and BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute contract documents on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26`h day of June, 2000 by the following vote: AYES: Anderson, Elliott, Peirce; Peters NOES: None ABSENT: Crotzer ABSTAIN: None ATTEST: D R ANDERSON, Mayor ® BRIDGETT QAUER, City Clerk 'i 0 L rA E 0 0 E v m m O H 0 O M O G 51 M cli m E E N 9 ® CITY COUNCIL RESOLUTION NO. 38-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2000-2001 FOR THE CITY OF MORRO BAY WHEREAS. the City of Morro Bav is required to appropriate and expend public funds to conduct its business activities on a day -today basis: and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made: and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment: and WHEREAS, the City Council finds and determines that the estimated revenues of the Wastewater Collections Fund wsufficient ill not be sucient to meet its obligations for the fiscal year and that an additional $54.199 is needed: and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and approved in prior fiscal years (1995-96 through 1999-2000) may not be completed by June 30, 2000: and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage swings wherever feasible. NOW THEREFORE. BE IT RESOLVED: ® 1) The Fiscal Year 2000-2001 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets and subsequent amendments (attached hereto): and 2) Staff is directed to prepare and publish a final budget document: and 3) The City Manager is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved: and 4) The Citv Council authorizes and directs the transfer of the balances of projects approved in fiscal years 1995-1996 through 1999-2000, but not completed by June 30, 2000, to the Capital Improvement Project Fund(s) for Fiscal Year 2000-2001: and 5) The City Council authorizes a loan from the Wastewater Capital Accumulation Fund to the Wastewater Collection Fund in the amount of $54,199 for daily operations and with simple interest of 5% per year. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of June. 2000. by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer R R DERSO . M •or BRIDGETT LOUEK. City Clerk ATTACHMENT A City of Morro Bay ® Department Budget Summary By Fund Fiscal Year 2000-2001 Proposed Appropriations All Bu fteled-E1nds Personnel Capital Total Service .SUDDIieS _ e 'c Outlav Debt Svc. Transfers Aooroo 001-2110 City Council 45,827 8,650 106,024 0 0 0 160,501 0013110 City Manager's Office 237,626 19,855 54,191 3,500 0 0 315.172 00"120 Elections I 0 4,700 3,000 of 0 0 7,70D 0013140 Personnel/Risk Management I IIl,998 3,475 63,812 01 0 0 179,285 001-3170 Community Promotions I 0 670 91,146 0 0 0 91,816 0013210 City Attorneys Office 0 0 50,000 0 0 50,000 0013510 Accounting 8 Treasury 333,251 12,790 81,122 7,300 0 000 200.0 634,463 0013520 Information Services 59,242 3.370 17,155 9,700 I O1 0 89.467 0014110 Police 1.691,2171 57,253 165,727 6,0001 01 58,1051 1,961,302 0014210 Emergency Services 883,740 41,072 88,433 88,900 0 4,500 1,106,645 001422D EOC 8 Disaster Preparedness 0 2,375 3,282 1,2D0 0 0 6,857 0015205 Public Services Administration 816,325 10,929 344,618 0 O 0 1,171,872 001522D Vehicle Maintenance 90,919 5,080 8,876 0 OI 0 104,855 0015230 Street Maintenance 187,577 84,250 273,422 25,000 0 0 570,249 0015265 Trolley 0 2,950 12,843 0 0 0 15,793 0015270 (Curbside Recycling 0 01 250,400 0 of 0 250,400 001-6110 R 8 P Administration 137,581 5,800 29,671 0 0 0 173,052 001E720 R 8 P Commission 0 O 200 0 0 0 200 001-6130 R 8 P Sports 89,918 25,450 17,154 0 0 0 132,522 001-6140 R 8 P Youth Services I 200,756 14,450 13,539 0 0 0 228,745 001-6150 R 8 P City Facilities 252,094 29,900 47,961 34,000 01 0 363,955 001-6160 R 8 P Parks I 190,290 14,850 46,485 25,400 0 0 277,025 Non -Departmental: 001-7210 City Facilities 0 1,2501 41,250 1,200 154,400 -0 0 -0 198,100 001-7220 Utilities 0 01 61.485 O 61,485 001-7230 Contracl Services 0 0 160,120 0 0 0 160,120 �p01-7240 Street Lighting 0 0 86,200 0 OI 0 86,200 Ian-1-7310 001-7710 Aid To Agencies Interfund Transfers 0 0 0 0 15,000 0 0 0 O 0 0 724,443 15,000 724,443 G e n e r a l F u n d T o t a I s 5,328,361 349,099 2,136,116 202,2DD 154,400 967,048 9,157,224 CDBG Loan Repayment Fund 201-7710 Interfund Transfers 0 Of 0 0 0 175000 175,000 State Gas Tax Fund 250-7710 Interfund Transfers 01 U1 0 0 200,375 200,378 Traffic Safety Fund 280-1111 Norr-Departmental 0 Of 0 0 01 29,000 29,000 Parking In -Lieu 299-7210 Contact Services 0 0 10,000 0 0 0 10,000 Transit Fund 3015261 Dial -A -Ride I 0 25,OB6 241,953 11,000 0 0 278,039 301-7710 I Interfund Transfers I 0 O 0 0 0 111,479 111,479 T r a n s i t F u n d T o t a l s 0 25,086 241,953 11,000 0 111,479 389,518 Water Revenue Fund 3113510 Accounting and Treasury 0 3,000 16,500 0 0 Of 19,500 311524D Water Operations Department 234,269 38,135 2,219,166 01 541,332 559,008 3,591,910 W a t e r R e v e n u e F u n d T o t a l 234,269 41,135 2,235,666 0 541,332 559,006 3,611.410 Wastewater Collection Revenue Fund 3213510 1 Accounting and Treasury 1 0 3,OD0 12,OD0 Of 0 0 15,000 3215251 Wastewater Collection Operations I 140,363 19,160 91,D01 175,OOD 0 0 425,524 321-7710 Interfund Transfers O O O 0 0 994,294 994,294 Wastewater Collection Revenue Fund Total 140,363 22,1W 103,001 175,001) 0 994,294 1.434,818 Harbor Fund 331-6510 Harbor Operations Department 1 476,254 39,200 1 166,750 8,000 131,527 301,2391 1,123,000 I CC11 Slip Fund I I ( I 3331111 Non -Departmental 0 0 0 01 7.2831 01 7.283 1 Mimosa Street Assessment District 560-7510 Debt Service 0 0 2,050 0 16,399 0 18,449 1-7510 1 Mimosa Street Supplemental Assessment Dist. Debt Service 0 0 2,0D0 0 14,646 O I 16,646 allfundexrecap2001.123 City of Morro Bay ® Department Budget Summary By Fund Fiscal Year 2000-2001 Proposed Appropriations AILBudgeted Eunds Personnel Capital Total Services Supples Services Outlay Debt Sv_c. ansfers AQQrou North Point Assessment District 565-6162 North Point Natural Area I 4.3G41 519 11050 0 01 0 5,873 Cloisters Park Maintenance Assessment Dist. 1 570-6167 (Cloisters Park 83,5481 13,859 44,537 7,000 01 0 148,944 I Morro Bay Cayucos Wastewater Treatment Plant 5995255 JWWTP I 375.936 i 114.550 377,066 45,000 01 75,000 987,552 5998011 1 Digester #2 CIP Ol 0 30,000 0 01 0 30,000 (Morro Bay Cayucos WTTP Fund Total 3757M6 1 44.550 407,055 45,000 01 75,000 1,017,552 1 Park Fee Fund I I 9047710 Interfund Transactions 1 0 01 0 0 0 10,000 10,000 Capital Improvement Fund I 91180G5 Slip Reconstruction / Electrical 01 0 33.000 0 O 0 33,000 5118007 Harbor Equipment Replacement I 01 01 11,000 01 0 01 11,000 9118101 Water Leak Detection Program 01 0 25,000 0 0 0 25.000 911 $102 Elena Water Tank Retaining Wall 1 0 0 90,000 0 0 0 90,000 9118103 Water Source Assessment I Ol 01 25,000 0 0 0 25,000 9118104 Water Management Plan Update I 0 0 75,000 O 0 0 75,000 9118105 Quintana Place Water Line Project I 0 01 73,000 0 O 01 73,000 9118107 I State Park Marina Dredging Feasibility 1 01 01 52,000 0 0 01 52,OOD 9118109 1 Tide Avenue Stonn Drain Replacement I 01 01 65,000 0 01 0 65,000 911-8111 1 Residential Street Maintenance/Overlay 0 01 365,000 0 0 0 365,000 9118113 1 Holiday Lights Downtown Trees 0 01 6,0001 0 0 0 6,001) 9118114 I Public Building / Facility Improvements I 0 01 19,500 0 0 0 19,500 9118115 (Replace Play Structures I 0 0 30,000 0 0 0 30,000 9118116 Repair Lights Keiser Park 0 0 40,000 0 0 0 40,OD0 9U 8117 Police Patrol Fleet Repalcement 0 0 50,000 0 0 0 50,000 911-9504 1 Misc Dock Repairs Derelict Vessels I O 01 12,00 0 0 0 12,000 911-9506 1 Harbor Public Benches / Bike Path 1 01 0 6,000 0 0 0 61000 ICapital Improvement Fund Totals 01 0 97 7,500 0 0 0 977,500 ' I Q G r a n d T o t a I s A l l F u n d sl 6,643,035 I 6W,608 I 6,327,719 448,200 8655,587 3,442,446 18,332.595 E allfundexoecap2001.123 ATTACHMENT B E C I r inN m O E O E O N 7 � N (a « 0 a) >- Of @ 7 U � m N LL C 1W } x W W O N O N N V OO 0)0000 U-N OO V OOOOO OO co O II M V O O M O N 0) O O O II M aD O O V V- O N II 0) D O O M 0) (D V V O O In "LO v ii u v C O O O N O O W O N O M O 0 (O M V N O O O O t0 N O I L O O O O V V f- V) 0 0 a I I 0) N O M O O l0 V a0 O N V (D co0) l0 C)(O t0 h t0 6(3 O 0) 1 V M Il aD (D N CO- I` O I� II N )17 I O N COM N V- I --II M N M (O V O 0) II M 0) M II I I I I ODD N O O O O r O O O N O W O V V Ih V )O O O (D O O O U) M O W (O M 0 O N. V (D M M LO LO (V II II (D (D O O O 0) 0) V O ri r aD (D ui O r r r 11 n 0)OO VO II 04 NN M(D Mr d) 11 M Oj M I I I I I I O a IL a IL c E a a C W U C O U Q L W C a Cca 7 IL T, Un (D7 LL a) Q' c a C a) a) C C C IL a) E T a a C Q a C O U UL F a) E a) C 0) E C U 2 CO C li 7 a) Q m" a) E a. 4) a) IL 3 — Q a) O a N Q a a) Q 0 a O 2 N OvCU -7 C N D Q�F C O 0)U C T C H a) J O a' aCL Q Un l0 0 lL O_ IL C O O (n D a) IY (0 U IZ Q U !nCL O N C O 3 N E N U co 3 m 0) E m 0) U U C „ 3 d L O N a) m M m N a d a) a) LL co d E a) (7 Q W E W U UcoFaH @ W N m Ia (a 2Uw U O 0 ZU 0 a) a) aU c6 a) m O O O W M , O h O 01 V N O to t0 O )O co O N M M _ )O )O 0 r M O LO t0 O O C)N N N N M M M M M (O LO )O U0 (O to W M M M M N O O O E E LL N a ® RESOLUTION NO.37-00 RESOLUTION AUTHORIZING AN AGREEMENT WITH SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City of Morro Bay is desirous of contracting for animal control services within its boundaries by the County of San Luis Obispo Division of Animal Services; and WHEREAS, the County of San Luis Obispo is agreeable for providing such services in accordance with the provisions of San Luis Obispo County Code Title 9 and enforcement of the comparable sections contained within Morro Bay Municipal Code Chapter 7; and WHEREAS, the County of San Luis Obispo has submitted a three year contract to provide such animal control services for the City of Morro Bay which includes the operation of an animal shelter, the licensing of dogs, the investigation and enforcement of animal related complaints and animal bites, the collection and care of stray, diseased, deceased and vicious animals; and ® WHEREAS, the City of Morro Bay is desirous of entering into a full service agreement with the County of San Luis Obispo and has budgeted sufficient funds in its 2000/2001 Fiscal Year Operating Budget to cover the cost of such a contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the designated contract agreement attached to the accompanying staff report of this Resolution between the City of Morro Bay and San Luis Obispo County Division of Animal Services is hereby approved and the Mayor is authorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26ie day of June. 2000, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ANDERSON, Mayor ATTEST: ® BRIDGE AVER_ City Clerk ® SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT ANIMAL SERVICES DIVISION AGREEMENT -FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into on July 1, 2000, by and between the County of San Luis Obispo, hereinafter referred to as "County," and the City of Morro Bay, hereinafter referred to as "City," and shall be and remain in effect through and including June 10, 2001, unless sooner terminated as herein provided. WITNESSETH: THAT WHEREAS, The City, is desirous of contracting with the County for performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo ® through the Division of Animal Services; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9, which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious WHEREAS, the County of San Luis Obispo has established Animal Services to enforce the ordinances of. the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the City is desirous of contracting for said Animal Control services. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 0 Page 1 of 12 DEFINITIONS - Used throughout as follows: Aggressive means a dog attacking a human (not dog to dog or dog to livestock) and the human is in immediate danger of being injured. Household/Domestic Pets or Small Animals means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and ordinarily kept as household pets. Injured domestic animal means life -threatening (not an abscess or other non emergent condition) to the animal requiring intervention by a veterinarian. Livestock or Large Animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated animals other than household pets. Small Wildlife means racoons, possums, foxes and other similar sized wildlife. COUNTY RESPONSIBILITIES: Maintain an Animal Services Division - to provide management and supervision of programs, to maintain records and statistics, and enforce laws and ordinances. Animal Shelter - maintain, or cause to maintain an animal shelter to provide for the care, housing, and disposal of animals impounded within the City or County or delivered by City or County residents. Operation Permit Services - to provide permit services to all citizens of the County regardless of jurisdiction. Page 2 of 12 U ® Licensing - to provide licensing to all citizens of the County regardless of jurisdiction. Humane Education - to provide humane education regarding responsible pet ownership, advantages of spay/neuter, rabies control information, regardless of jurisdiction. Performance Standards - County will provide measurable standards to contracting City related to licensing, services from the field, outcomes, and category of contacts. DESCRIPTION OF SERVICES: 1. SHELTER PROVISIONS/ANIMAL DISPOSAL The availability of a shelter to provide care for stray animals transported by citizens ® from the City incorporated boundaries. This shall include the administration necessary for surrender of animals at the shelter, the care of animals during the five (5) day holding period, and final disposal of animals through redemption, adoption, or destruction. a) The receipt of household pets delivered to the shelter or at drop-off kennels. b) Sheltering of household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. ® Page 3 of 12 c) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 2. ANIMAL BITE INVESTIGATIONS/QUARANTINES The taking of animal bite reports and subsequent investigations and quarantine of bite animals. Investigation of all animal bites involving humans and the quarantine of biting animals pursuant to state.regulations and local ordinances. The keeping of such records and reporting of information to the State Department of Health Services. 3. RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING 4. The response to and attempted capture of suspect rabid wildlife and domestic animals. The destruction of such animals, proper laboratory preparation for rabies testing, transport of tissue to the County Public Health Department for testing, and proper disposal of remains when found to be positive. Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. The response to and attempted capture of injured domestic animals, transport of and medical aid to animals when needed for stabilization and subsequent sheltering of animals. Response to potentially rabid wildlife and domestic pets when someone is on the scene. Response to aggressive animals or animals that have bitten and the owner is not available. Hold animals relative to an arrest or accident. Emergency services shall be provided 24 hours a day, seven days a week. Page 4 of 12 ® Emergenev and after hour services for anv of the following_ u a) Severely injured/sick dogs or cats when legal owner unknown or unavailable. b) Hold animals relative to an arrest or accident. c) Aggressive/vicious dogs when legal owner unknown or unavailable and reporting party is standing by. d) Bite dogs/cats when legal owners are unknown or unavailable and reporting party is standing by. e) Potentially rabid animals including wildlife when reporting party remains on the scene. 5. PICK UP OF UNLMTED STRAY, DOMESTIC ANDVIALS FROM ONE DESIGNATED LOCATION The pick up of UNLIMITED numbers of stray, domestic animals from one designated location within the contracting City. The City will be responsible for providing food, water, and the cleaning of designated kennels. 6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS The response to and pick up of UNLIMITED numbers of stray, confined, domestic animals. The transport and care of impounded animals at the shelter as described above. Pick up shall include dogs, cats, other domestic animals during normal hours of operation, including domestic animals dead on arrival. 0 Page 5 of 12 FIELD SERVICES - defined as follows: Response of an Animal Control Officer during regular business hours to pick up any of the following within city limits on an UNLIMITED basis: 1) Confined stray domestic animal pick-up 2) Dead stray domestic animal pick-up 3) Owned animal pick-up (fee paid by citizen) 4) Owned dead animal pick up (fee paid by citizen) 5) Euthanasia of owned animals (fee paid by citizen) 6) Transportation to veterinarian of owned animal (fee paid by citizen) 7) Respond to the humane care of injured/sick stray domestic animals by Good Samaritans. Medical treatment and emergency veterinary care for stray domestic animals presented to veterinarians by Animal Services employees and Good Samaritans. 7. CITIZEN COMPLAINTS The processing of citizen complaints, response to complaints, maintaining cumulative records, and action taken on complaints including, but not limited to: barking dogs, leash law violations, animal abandonment, and animal cruelty. u Page 6 of 12 0 0 8. NUISANCE ABATEMENTMEARING & COURT PROCEEDINGS The recording, filing, investigation, office hearings, issuance of orders to abate, and processing to court of nuisance abatements through City Attorneys' offices. All activities involved in the processing of nuisance abatement petitions, investigations, orders, hearings, including preparation for court proceedings when necessary. 9. FIELD ENFORCEMENT Processing and performing patrols within a specified area when requested by a citizen and issuance of citations for violations. The addition of further field enforcement other than field pick-up as described above, but not limited to: random patrol, patrol requests, ordinance violation citations, and agency assists. 10. COURT FILINGS*& PROCEEDINGS Filing aggressive, cruelty, or abandonment cases to court with approval of City Attorneys' office. Collection of incident reports, photographs, etc. Court appearances and follow up related to these cases. ANIIYIAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an Animal Services Contract Enforcement Committee whose responsibility it will be to review and recommend on all matters of Division policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Committee shall be made up of: one representative from each City contracting with the County, one representative from the County's Veterinarians' Association, one representative of the Highway Patrol, one representative from Animal Services, and one representative from the County Sheriffs Department. The Committee shall receive staff support from Animal Services. ® Page 7 of 12 COOPERATION - To facilitate the performance of the foregoing functions, it is hereby agreed that is the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. EMPLOYEE COMPENSATION AND LIABILITY - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. INDEMNIFICATION - Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not party to this contract, or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought forth or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, City Page 8 of 12 shall defend, indemnify and save harmless the County, all officers and employees from all claims; ® suits or actions of every name, kind and description brought forth on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute. EMPLOYEE STATUS - All persons employed in the performance of the services and functions specified in "Indemnification" paragraph 2 of this Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. PROSECUTION - It shall be the duty of the City Attorney, exercising the discretion vested in his is office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. TERM AND RENEWAL - This Agreement shall be effective on the 1 st day of July 2000, and shall be subject to termination by either party upon thirty days advance written notice to the other party. Assuming neither party exercises its right to terminate this Agreement, the Agreement shall terminate on June 30, 2003. CITY NOTIFICATION - no later than May 1 st of each year, each City shall be notified of proposed changes to current service level charges. The City shall notify the County no later than July 1 st of their agreement to pay for services. Attachment A reflects the annual costs. CITY RESPONSIBILITY - City agrees to pay to County for County Services under this contract the dollar amount as set forth in Attachment A which is attached to the contract and incorporated by ® reference. Page 9 of 12 COUNTY BILLING - County shall bill City quarterly for their contracted services. Billing shall be submitted at the end of each quarter. City shall remit payment within thirty days of receipt of billing. MODIFICATION - This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances which conform. to and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted'with the County Division of Animal Service's consultation before adoption. County Division of Animal Services may also make recommendations to City for changes or modifications to their City ordinance. BOOKS AND RECORDS - County agrees to keep such books and records and in such form and manner as County Auditor -Controller shall specify. Said books shall be open for examination by City at all reasonable times. NOTICES - Any notice required to be given pursuant to the terms and provisions of this agreement shall be sent by certified or registered mail to the County at: and to the City at: San Luis Obispo Sheriff's Department Animal Services Division P.O. Box 3760 San Luis Obispo, CA 93403-3760 City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Page 10 of 12 . �J ® IN WITNESS THEREOF, City of Morro Bay resolution duly adopted by its City Council causes this Agreement to be signed by its Mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said: CITY OF MORRO BAY COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. By: Deputy County Counsel ® Dated: /may /G o Page i 1 of 12 ATTEST: City. Clerk ATTEST: Board of Supervisors ATTACHMENT A SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT ANIMAL SERVICES DIVISION. AGREEMENT FOR ANIMAL CONTROL SERVICES City of Morro Bay agrees to pay annually for services: July 1, 2000 to June 30, 2001 July 1, 2001 to June 30, 2002 July 1, 2002 to June 30, 2003 Page 12 of 12 $209500.00 $219525.00 $22,601.25 0 11 RESOLUTION NO. 36-00 ® SUPPORT OF CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE COMMENTS ON THE NATIONAL MARINE SANCTUARY REAUTHORIZATION ACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the National Marine Sanctuary Act was authorized by Congress in 1972, and; is currently under consideration for reauthorization by Congress in 2000; and. NVHEREAS, the City of Morro Bay is supportive of creating an effective management structure for the National Marine Sanctuary Act; provided it includes support of existing small craft harbors and public facilities within and adjacent to Marine Sanctuaries: and; WHEREAS, National Marine Sanctuaries and operational harbors have only recently shared boundaries: and. WHEREAS, Conflicts have arisen ant the city desires to insure an equitable and balanced decision making process that will be efficient and recognize the importance of existing public facilities; and. WHEREAS. the City of Morro Bay is a member of the California Marine Affairs and Navigation Conference (CMANC), and: WHEREAS, CMANC has received input from harbors within and near the existing Channel Islands and Monterey Bay Marine Sanctuaries and has adopted a position regarding Marine Sanctuary ® Authorization Act; and; NOW THEREFORE, BE IT RESOLVED that the City of Morro Bay hereby endorses the California Marine Affairs and Navigation position on of reauthorization of the Ni ational Marine Sanctuary Program as follows: Marine Sanctuaries: Support the preservation of the Nations ocean resources through Congressionally established marine sanctuaries; without expanding the specific authority of the sanctuaries; or Their managers. to: 1) expand sanctuary boundaries; 2) reduce the ability to transport dredged material to designated deposition sites; 3) restrict vessel traffic; 4) establish "no -take zones' or extend their fishery management authority: 5) restrict the ability of ports and harbors to perform general maintenance; or construct improvements; required for operations. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to correspond with the appropriate agencies regarding this position. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12`h day of June 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 4ODPN ERSON. MAYOR ® BRIDGET BAUER. CITY CLERK 05/15/00 16:15 FAX 8053823015 MAY-12-2000 12:16 CITY S.B. CHANNEL ISLANDS HARBOR + RICK ALGERT 023 8059632633 P.22/26 e SANTA CRUZ HARBOR Gatetoay to the Monterey Bay Naticnal Marine Sanctuary The Honorable Olympia Snows Oceans and Fisheries Subconmfttee of.the Science and Transportation Committee Uniled States Senate SR 250 Russell Senate Office Building Washington, D.C_ 20510.1903 October S, 1999 SUBJECT: Reauthorization of the National Marine Sanctuaries Act Dear senator Snows: Let me first say that Santa Cruz Port District thorcuyhly supports the Monterey Bay Naticrai Marine Sanctuary, as well as the sanctuary program, and the "federal buds- which enables them. The preservation of our oceans. and In aanicuiar the gem of Monierey Bay, is ® of preeminent importance. We consider ourselves to he part of the stewardship effors that vr'It presarie these marine environments forever. Santa Cruz Harbor is a recreational and commerdal tisning harbor. It lies at the northern edge of Monterey Bay, Santa Cruz Harbor is home to some 1,200 beats. it accommodates 15,000 launch ramp users per year and hundreds of visiting boals.. It also accommodates the one million plus people who visit the haraar in one form or another each year. /s a matter of perspective, it should be pointed cut trial the Monterey Bay Nadonai Marine Sanctuary appears to be the only American sanctuary where operating harbors snare Its boundaries. Our experience over the last six years is that there are operational problems w4h this alignment Harbors are, by their definition, places of commercial and light industrial activity. Harbors also frequently need dredging. These activities are operationally incompatible with the Sanctuary. Even it a harbor completely and Wan complies with all water quality, au quality and environmental regulations, there are conflicts. These Include: Maintenance of jetty structures which Ile either on or beyond the mean high water mark. Current sanctuary regulations prohibit the placement of structures, or alteration of the seabed. Under such rules, the federal navigation channel and the federal fettles could hot be repaired other than In the same exact configuration. This is an arbitrary limitation on critically important, pre-existing harbor facilities. Given that harbors are the accessnays tc sanctuaries, they need to be maintained for the sake of the sarictuades. ® Santa Cris Port District VIWW.Santa c.-4zharbor.org 13: 9 h Ave.. Santa Cruz. CA 9506Z (408) 47i-6151 FAX: (403) 475.9358 e-mail: ecpdQsantacru2:1a:D:r.0r9 05/15/00 16:15 F.•L1 8053823015 rr„-a-c mn 14;1b CITY S.B. CIUNNEL ISLANDS HARBOR RICK dLGERT Q024 B059632633 P.23/26 11 Senator Snowe / Foss -2- 10/08/99 Dredging Is a fact of life for operating harbors, either because of inundation from littoral drfi,ing sands, or from slits, days and sands which come down the watersnecs which naturatly flow Into areaswhers harbors are located, Disposal and discuiarge of these materials, even though unpolluted in most all cases, is in conflict with Sanctuary rules and regulations. Sanctuary laws, as histcrically written, did not anticipate or recognize harbors' needs. Although some'grandfatherinT does exist with the rules and r egulaucns of Monterey Bay National Marine Sanctuary, they are quite restrictive and do now allow any new Innovative dredging protocols. This restricts harbors unfairly and unnecessarily, even when it can be. proven that no environmental damage would occur. These problems are exacerbated by the fact ;hat Sanctuary control is centralized at NOAA's Silver Springs headquartars, with only ministerial duties delegated to the local sfoi. This sets up a nexus where conflicts cannot be soured locally. Our experience is that NOAA state is unable to grant dIsoensation for these restrictions, even when the public is served and environmental concerns are definitively answered. We do not blame Sanctuary personnel, nor So we quarrel with eff cac.? of sanctuary concepts. But our experience over the past six years is extremely telling. Again, ours is the first such experience behvean operational harbors and adjacent sanc,uaries. We ask the foilowina: a) Boundary: Consider an apprcpriaie stand-off or buffer zone around harbors that would preclude needless jurisdictional conflicts aver issues which have adequate existing Oversight by regulatory agencies. b) Dredoina: The boundary bufer zone will help this conflict greatly. But, dredging of harbors should be categorically exempt from Sanctuary regulation. Dredging is one of the most regulated functions 1,1at an occur. A myriad of environmental and regulatory agencies hold permit authority; • U.S. Army Corps of Engineers - Environmental Protection Agency - U.B. Fish and Wildlife Service - National Marine Fisheries California Coastal Commission California Deoartment of Fish and Game 't • Callfamia Regional Water Quality Control Board On a separate issue, the Port District, representing its important commercial fishing industry, requests that NOAA not be allowed to regulate fisheries. Commercial fishing is adequately regulated by the Pacific Coast Fisheries Management Council, the National Marine Fisheries Service. and the California Department of Fish and Game. The original designation of the Sanctuary, promoted by then Congressman Leon Panetta, was #4 O5/15/00 16:16 FAX 8053823015 •... - 1. lU to 1:1 I 5.E. CRABNEL ISLANDS HARBOR RICK ALCERT Q 025 3059632633 P.24/26 1 E Senator Snows./ Foss -3. 10 /Gc159 wholeheartedly supported by commercial fishermen wit11 the assurance that NOAA would not become another fisheries regulatory agency. We hope this communication is received with the spirit in which it was written. Santa Cruz Port District supports the Monterey Bay National Marine Sanctuary and the,name sanctuary concept, We pride ourselves in being a model, environmentally -oriented 'harbor. Over 51 million has been spent In the past ten years to meet and exceed environmental standards. We simply observe Heedless conflict. Since ws`re the first to experience It in the relatively new history of marine sanctuaries, we feel compelled to Wmmunic2te that experience. Sincerely. 'Mark Nicklanovicrl, Chairman. Santa Cruz Port Commission NJ J;mc c^: Congressmen Farr Senator Feinstein Senaior Boxer HO Moan Bay, Moss Landing, Monterey HarEors =-.eVMSU:.hx= JUN-06-2000 08:03 CITY S.B. 8059632633 P.02102 ®Harriet Millerti} Mayor \ • „y; `y { t 414x'i#.il, -. 5t ames "'y-. May 26, 2000 r ' _. a n . S' _ n _ v u• rs , �' G,3i.:rrPORterx LCDR Matthew H. Pickett, NOAA Channel Islands National Marine Sanctuary 113 Harbor Way, Suite 150 Santa Barbara, CA 93109-2315 City Hall Dc La Guerra Plaza (805)564-5321 Mailing Address: Post Office Box 1990 Santa Barbara, CA 93102.1990 Fax: (805)564-5475 e-mail: hmiva@ci.santa-barbaramw RE: Concerns about Channel Islands National Marine Sanctuary boundary expansion Dear Lieutenant Commander Pickett: I am writing to provide Santa Barbara City Council's position regarding boundary changes being considered as part of a Draft Environmental Impact Statement (DEIS) for the Channel Islands National Marine Sanctuary's revised Management Plan. Based on staff research, public comments and recommendations from the City's Harbor Commission and Water Commission, the City of Santa Barbara respectfully requests that CINMS be aware of concerns associated with Sanctuary boundary expansion. ® The City has enjoyed its relationship with CINMS ever since the Sanctuary's designation in 1980, and it values highly the research, education and resource -protection missions the Sanctuary has undertaken. Nonetheless, harbor dredging operations and breakwater or wharf repairs, along with management of wastewater disposal facilities and the City's desalination system, could be affected by a CINMS boundary revision toward the coast. In addition,' goals of the City's Harbor Master Plan give a high priority to protection of a "working harbor" that includes a viable commercial fishing fleet and all types of recreational boating. This is a priority we would not wish to see jeopardized by boundary -expansion alternatives (or associated regulations) developed through the Environmental Impact Statement process. Again, the City salutes CINMS for its fine work in studying, preserving and protecting the marine environment that surrounds the Channel Islands. We look forward to continued good relations with the Sanctuary, and to working with you on development of the Management Plan EIS. Meanwhile, the City encourages CINMS to duly consider the concerns noted above. If you have any questions concerning these matters, don't hesitate to call either Waterfront Director John Bridley or Water Resources Manager Bob Roebuck. Since et Mil er ® cc: Councilmember$ Sandra Tripp-Jortes, City Administrator TOTAL P.02 ® CITY COUNCIL RESOLUTION NO.35-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2000-2001 FOR THE CITY OF MORRO BAY WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the Cite: and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution. and WHEREAS; Proposition I I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION: and WHEREAS; the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement: and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. ® NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 2000-2001 Appropriations Limit at $13,279,532 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay; on the 12th day of June, 2000, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ,/�t4gEderson; May r Bridgen B Oer. City Clerk ® VeiC�iv�4mlfO s.�(M� Mom ATTACHMENT A 11 L7 r cc O N N U m0ca O O p N J a7 O } O — co U u .`Q LL O n Q Q C a a"i O X U F� • (o O O 0 O N � � N r r O Qj Oi U r O O O (o O O co co m cn co O 00 O O) O m N N N I r -IT (O CM N Of— mr r N N O N (o o cn cli r_: v (o cn (n m Ic N (O r CO 04 r N O O M r O 001 r m ch 7 XI II ix X X X x XIX I Io m O r d 0 V N O O to to1- _ COO O N (O V' i- co Co V (N G O )O r G (p N_ N_ V:. O a7 N m cl) m m O. (O ('7 )O V N N m X I N W ul N O F O Q O 0 Z U \o o X N a) V co C N X coa) U 7 N 7 c 1) E N U j 0 O a) 3 C L (7 E C C O ut N 7 W C O O N O> O N C X cc l0 a1 u N U i U F u (L 7 O U a) Z 0 a) 7 — F jU a)J Or 0 V1 0 o C C C N V7 (L a8 a) > J otS a) C e N X d a) a) U a) M N >. c N a) U F (D � N Q C Q a) C !' = a) a) O O C > U C fA U a7 a) a`Lta`(n��m7a-LL2rn =���C� a` °_cc i ATTACHMENT B 1 E 11 M 0 T U N m 9 m C U o 0 O O N ^� L J m C O } O a- U h N .c a o a n Q c O Q .� O J n D_ Q D) o m m d U m c m L O d U U m c m — O_ c cm U Lm Z` mU a U m m C c m m c U oma a U U 0) c m— L Mr OOLOtO 000 r ON Om (O ONv vNN mNm(D mMao NMm O(D(D (D ONmN V (D-M M (O LQ(D raO -- 00 Nm LQ(OOO m U�aO "t41 a--N -(O (D N C) I UD(D 00-00-rr V PI: (O-7uO MNM(O -0m V Onr CM ct N(D 00 r- r-- C) O)r�t� O(O VOr Oar -(Or O M(DO 'IT Or NM (DOD V �00 LO MN M M c) v V C (() (O (O (D (D r- r- 00 OD m M m O O -7 N M N m N 00 m (O 00 to N N r (O r- N(D MO Z Om') O (to (mo m IT (D Ir o o (D r CDc) as 04 M M N m V 0 (D O O (D O 00 (D mWM )O 0 a W a OM OrN V Q V N M M R CO •- N N N N N Z Or 0- OO CO00 N Cl) O CO r (D � M z M� to 'ITN N I,- r` to M (O M N 7 (D r-r r O(O u')m O m N C V O N O-�r 4 v V-0'i Q z m vvovM00 r- rrMOmrn O (D V M N O'1 M�T Q z m 0 NM V-(O (D r- 00 mO NM V (O (D r-mm0 r� OD co OD co 00 00 OO 00 00 00 m m m m m m m m m m 0 mmmm_m_m_m_mmmmma)mmmm_m_m__mm_oo N N M m c. M V (O (D r- M M O M qT YD (D r- W M o r- r� ao Oo co Oo c0 w Oo 00 Oo c0 m m m m m m m m m m C)m _m m m m m m _m m m m m m m m m _m m m m m m N L L L L L L L L L L L L l L! L m m m m m m m m m m m m m m m m m m m m m m m - - - - - - - - — — — — m m — m — m — — m — — m — m — m — — m — m m m U U U U U U U U U U (m) N N N N N N N N N N .E N N .E U) .E N V) .E N N .E N (/) .E N N N N ll l.L lL LL lL lL lL ElL (L E E E lL E E E - C ATTACHMENT C ® Enclosure 11 Annual Percent Change in Population Minus Exclusions (') January 1, 1999 to January 1 , 2000 and Total Population January 1, 2000 Total County Percent Change — Population Minus Exclusions — Population City 1999.2000 1-1-99 1-1-00 1-1.2000 SAN LUIS OBISPO ARROYO GRANDE 3.65 15.848 16,426 16,426 . ATASCADERO _ 2.27 25,215 25,788 25,788 EL PASO DE ROBLES 3.01 21,489 22,136 22,922 GROVER BEACH _ 1.97 12,520 12,767 12,767 MORRO BAY 2.11 9,T75 9,981 9,981 PISMO BEACH 2.76 8,397 8,629 8,629 _ SAN LUIS OBISPO 1.37 42,446 43.027 43,027 UNINCORPORATED 2.76 95,028 97,650 105,651 COUNTY TOTAL 2.46 230,718 236.404 245,191 E ® (-) Exclusions include residents in state al institutions, federal military installations. and stn ate and feciml wecticnal institutions. mental Page 1 ATTACHMENT D l 11 May 18, 2000 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage changes to be used in setting the 2000-2001 appropriation limit are: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2000-2001 4.91 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 1999-2000 appropriations limit. 2000-2001: Per Capita Change =4.91 percent Population Change= 1.73 percent 4.91 + 100 Per Capita converted to a ratio: 100 = 1.0491 Population converted to a ratio: 1:73 =100100 = 1.0173 Calculation of factor for FY 2000-2001: 1.0491 x 1.0173=1.0672 ® RESOLUTION NO.34-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR EXTENSION OF THE CONSULTANT AGREEMENT FOR ADVERTISING SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 37103 authorizes the City to engage specially trained and experienced persons or firms for special services and advice in financial; economic, accounting, engineering, legal or administrative matters; and WHEREAS, the City has identified the need for, and requires the special services of experienced consultant(s) and advertising agent(s) to commercially advertise and promote the City of Morro Bay as a tourist designation point on network and cable television; and WHEREAS, Tom Jones Advertising is specially trained and possesses special skills, education, experience and competency to perform the services and provide the advice needed; and WHEREAS, on October 2, 1995, the Community Promotions Committee unanimously selected Tom Jones Advertising as the desired Consultant; and WHEREAS, on July 1, 1996, the City entered into a formal three (3) year contractual agreement terminating on June 30, 1999, with Tom Jones Advertising to commercially advertise and promote the City of Morro Bay as a tourist designation point on nehvork and cable television; and WHEREAS, on April 21, 1999, the Community Promotions Committee unanimously agreed to extend the contractual agreement with Tom Jones Advertising until June 30, 2000, pursuant to the same terms and conditions as the original contact for services. WHEREAS, the Community Promotions Committee unanimously agreed to ® extend the contractual agreement with Tom Jones Advertising until June 30, 2001, pursuant to the same terns and conditions as the original contact for services. ® Resolution No. 34-00 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby authorize the City Manager to enter into a one (1) year contract extension with Tom Jones Advertising pursuant to the same terms and conditions as the present contract for services dated October 31, 1995. . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of June, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None E ATTEST: BRIDGET' AUER, City Clerk 11 /12 gOD R ANDERSON, Mayor ® RESOLUTION NO.32-00 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the Cloisters subdivision requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 of the Act; the Engineer has filed in the Office of the City Clerk. and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", June 3, 2000, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and ® WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City Ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the Cloisters Park and Open Space; and WHEREAS, pursuant to the intent of Article X111, Section 4, of the California Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held July 10, 2000 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the Cloisters Park and Open Space are specified in the Engineer's Report dated District June 3, 2000, which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $148,944 or $1,241.20 per assessable parcel for fiscal year 2000/01. 11 RESOLUTION 32-00 PAGE 2 ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12th day of June, 2000 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ANDERSON, MAYOR ATTEST: u.council.res32-00 E So JACIMO EXHIBIT A o V _ \S � vy:Li ♦ � � / \ \7 ' -�� ��'• 9•yxnw 'V� j ��_ F - U e[y L � � _ a CMIN-14 I I I ICI a u reJ v r 4 co N d CO � m U � m WAY N 0 � FOR !4� SS ` AH'GH C,W w P \OP } F t@ C�J M NE NE fQ �I ® Exhibit lA CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAINTENANCE COSTS 1999/00 Costs incurred from July 1, 1999 through April 30, 2000 (where indicated, some costs are projected out through June 30, 2000) Personnel Services (Costs projected through June 30, 2000 unless otherwise noted) Director S 1.975.35 Lead worker S 3.982.68 Maintenance Worker II's (to date) $76285.00 Part time (to date) S 492.66 Sub -total personnel services S82,735.69 Equipment Time Truck for lead worker (projected through June 30, 2000) S 872.04 Truck for park aid S N/C ® Riding mower (to date) S 642.85 Push mower (to date) S 11.12 4 x 4 Jacobson vehicle (projected through June 30, 2000) S 1.164.80 Sub -total for equipment time S 2,690.89 Supplies (These are actual costs, additional costs will be incurred from May 1 through June 30, 2000) Fuel. Oil. Lubricants S 274.54 Uniforms/safety equipment S 628.36 Grounds maintenance supplies S 4,475.88 Misc. operating supplies $ 5,251.03 Small tools S I,067.76 Disposal S 325.00 Sub -total for supplies S11,697.57 Services (These are actual costs, additional costs will be incurred from May 1 through June 30, 2000) Other professional services S 5,179.04 Electricity S 1,404.01 Water $14.159.19 Special waste recycling $ 2.497.75 ® Outside equipment repair and maintenance S 1,039.70 Engineering services (staff engineer) S 90.00 Cloisters Cost F.Y. 1919100 Page 2 ® General liability $ 2,500.00 Property, damage insurance S 500.00 Vehicle insurance S 600.00 Outside structural repairs S 350.44 Sub -total for services S 28,230.13 Capital Outlay Trucks (115 of total truck price; $20,880.55, 2"d of 5 payments) S 4,176.11 Sub -total for Capital Outlay S 4,176.11 Total for maintenance of the Cloisters Park and Open Space S129,530.39 (34 acres) from July 1, 1999 through April 30, 2000 u word.councitcloact99-1 11 1 11 CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Reviewed and Approved By: LawreKe Kraemer Civil Engineer Prepared By: Andrea K. Lueker Director, Recreation and Parks Department City of Morro Bay June 3, 2000 0 CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT Project Description ENGINEER'S REPORT As a condition of approval for Tract 1996, the Cloisters subdivision, the developers were required to offer to the City for dedication Lots 121 and 122 of the subdivision for park and open space purposes. The developer was also required to construct improvements on Lots 121 and 122 which included a park, bicycle pathway, right of way landscaping, irrigation, wetland, signage, interpretive panels, information kiosks, bridges, lookout pier and other improvements. The subdivision was also conditioned to provide maintenance of the park and open space by establishing an assessment district. Lot 122 (now called Parcel 1 as a result of a Lot line adjustment) and Lot 121 is identified as Cloisters Park and ® Open Space. The owners of the 120 residential lots within the Cloisters subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space. II. Maintenance Tasks A list of maintenance tasks required to maintain the Cloisters Park and Open Space in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. III. Maintenance Costs The estimated annual cost of maintaining the Cloisters Park and Open Space was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance for the 2000/01 fiscal year is estimated to be $148,944. The detailed cost estimate is included in this report as Attachment B. 11 u CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Page I. Project Description 1 ® U. Maintenance Tasks 1 III. Maintenance Costs 1 IV. Apportionment of Assessment 2 Assessment Diagram 3 Maintenance Task List Attachment A Detailed Cost Analysis Attachment B 0 EJ E IV. Apportionment of Assessment The total assessment for the District is apportioned to each of the one hundred and twenty residential lots equally. Lots 121 and 122 (Parcel 1) Cloisters Park and Open Space, Lot 124 (dedicated for a fire station) and Lot 123 (now Parcel 2) was offered to the State: are not assessed. Individual assessments are listed in the following table: Parcel/Assessment Table Lot Number County Assessor's Parcel Number Annual Assessment 1 065-387-001 $1,241.20 2 065-387-002 $1,241.20 3 065-387-003 $1,241.20 4 065-387-004 $1,241.20 5 065-387-005 $1,241.20 6 065-387-006 $1,241.20 7 065-387-007 $1,241.20 8 065-387-008 $1,241.20 9 065-387-009 $1,241.20 10 065-387-010 $1,241.20 11 065-387-011 $1,241.20 12 065-387-012 $1,241.20 13 065-387-013 $1,241.20 0 E 11 Lot Number County Assessor's Parcel.Number Annual Assessment 14 065-387-014 $1,241.20 15 065-387-015 $1,241.20 16 065-387-016 $1,241.20 17 065-387-017 $1,241.20 18 065-387-018 $1,241.20 19 065-387-019 $1,241.20 20 065-387-053 $1,241.20 21 065-387-054 $1,241.20 22 065-387-055 $1,241.20 23 065-387-023 $1,241.20 24 065-387-024 $1,241.20 25 065-387-025 $1,241.20 26 065-387-026 $1,241.20 27 065-387-027 $1,241.20 28 065-387-028 $1,241.20 29 065-387-029 $1,241.20 30 065-387-030 $1,241.20 31 065-387-031 $1,241.20 32 065-387-032 $1,241.20 33 065-387-033 $1,241.20 34 065-387-034 $1,241.20 35 065-387-035 $1,241.20 0 11 u Lot Number County Assessor's Parcel Number Annual Assessment 36 065-387-036 $1,241.20 37 065-387-037 $1,241.20 38 065-387-038 $1,241.20 39 065-387-039 $1,241.20 40 065-387-040 $1,241.20 41 065-387-041 $1,241.20 42 065-387-042 $1,241.20 43 065-387-043 $1,241.20 44 065-387-044 $1,241.20 45 065-387-045 $1,241.20 46 065-388-001 $1,241.20 47 065-388-002 $1,241.20 48 065-388-003 $9,241.20 49 065-388-004 $1,241.20 50 065-388-005 $1,241.20 51 065-388-006 $1,241.20 52 065-388-007 $1,241.20 53 065-388-008 $1,241.20 54 065-388-009 $1,241.20 55 065-388-010 $1,241.20 56 065-388-011 $1,241.20 57 065-388-012 $1,241.20 58 065-388-013 $1,241.20 59 065-388-014 $1,241.20 Lot Number County Assessor's Parcel Number Annual Assessment 60 065-388-015 $1,241.20 61 065-388-016 $1,241.20 62 065-388-017 $1,241.20 63 065-388-018 $1,241.20 64 065-388-019 $1,241.20 65 065-388-020 $1,241.20 66 065-388-021 $1,241.20 67 065-388-022 $1,241.20 68 065-388-023 $1,241.20 69 065-388-024 $1,241.20 70 065-388-025 $1,241.20 71 065-388-026 $1,241.20 72 065-388-027 $1,241.20 73 065-388-028 $1,241.20 74 065-388-029 $1,241.20 75 065-388-030 $1,241.20 76 065-388-031 $1,241.20 77 065-388-032 $1,241.20 78 065-388-033 $1,241.20 79 065-388-034 $1,241.20 80 065-388-035 $1,241.20 81 065-388-036 $1,241.20 82 065-388-037 $1,241.20 83 065-388-038 $1,241.20 84 065-388-039 $1,241.20 El 11 Lot Number County Assessor's Parcel Number Annual Assessment 85 065-388-040 $1,241.20 86 065-388-041 $1,241.20 87 065-388-042 $1,241.20 88 065-388-043 $1,241.20 89 065-388-044 $1,241.20 90 065-388-045 $1,241.20 91 065-388-046 $1,241.20 92 065-388-047 $1,241.20 93 065-388-048 $1,241.20 94 065-388-049 $1,241.20 95 065-388-050 $1,241.20 96 065-388-051 $1,241.20 97 065-388-052 $1,241.20 98 065-388-053 $1,241.20 99 065-388-054 $1,241.20 100 065-388-055 $1,241.20 101 065-388-056 $1,241.20 102 065-388-057 $1,241.20 103 065-388-058 $1,241.20 104 065-388-059 $1,241.20 105 065-388-060 $1,241.20 - 106 065-388-061 $1,241.20 107 065-388-062 $1,241.20 108 065-388-063 $1,241.20 109 065-388-064 $1,241.20 C E 11 Lot Number County Assessor's Parcel Number Annual Assessment 110 065-388-065 $1,241.20 111 065-388-066 $1,241.20 112 065-388-067 $1,241.20 113 065-388-068 $1,241.20 114 065-388-069 $1,241.20 115 065-388-070 $1,241.20 116 065-388-071 $1,241.20 117 065-388-072 $1,241.20 118 065-388-073 $1,241.20 119 065-388-074 $1,241.20 120 065-388-075 $1,241.20 121 065-386-005 0 122 Parcel 1 065-386-016 0 123 Parcel 2 065-386-017 065-386-018 065-386-019 065-386-012 065-386-013 065-386-014 065-386-010 0 124 065-386-015 0 uwwmtrvtlo .appt a U E ;'j X. 23C .111r�'^a — ",•- / Ni'� Fi--�Rl� I S,V JnuM() � w 3a a U F w � eS tl d U 4 a 1 a � roW Y BOO 0 F C U R2 a JCO N 6 m a z oN� u � �R ~Q X� N Q' U m y F¢- n Y m C F- U t� ® Cvz ui N S`e N �j7ao C 11 065 152. 065 331 y a �,dN�O�H �dls tl�N�0�nd0 'ON 8 co v W co cd� 00 IJ _� Oa<aW LO 1 V �yoa • �Li�Y \M� a vro Tza 3 'V Mq r� � raga, ae.v • � m n � lTJ u ZOO x yydd29) 5j' 4 r $ s $ w 3 q4 a a � 4 pV mm©e m < sell $ � G\�• n N h wtr rttr •^�V% o'OJ U a 9 A nV S, -iul i �o ' r x'• W W A s b b N o q Mf tdp b • Off^ � l' p3 �A � 41CG a ' O ^ Rq qr i • �'b � bl�!/ 6 C^J C. M«90 is Dailv Attachrent A CLOISTERS PARK AND OPEN SPACE MAINTENANCE TASKS Review for vandalism/repair . Outdoor Pick-up ♦ trash ♦ paper ♦ cigarette butts Empty ♦ 6 trash cans Clean ♦ 7 tables ♦ 2 drinking fountain Check ♦ 5 interpretive panels ♦ 2 barbeques ♦ bike paths ♦ walkways ♦ 2 bridges ♦ 2 coastal access ways ® ♦ 1 observation pier ♦ 1 bike rack ♦ 2 play apparatus ♦ 25 light bollards ♦ play area surface ♦ I demonstration garden Clean ♦ 3 toilets ♦ 1 urinal ♦ 2 sinks ♦ restroom floors/walls ♦ 18 benches Twice Weekly Blow all walkways. observation deck and parking lot Weekly Mow turf Edge turf Remove weeds from demonstration garden, medians, planters Trim turf around trees, posts and other hard to reach areas Check and replace failed lamps ® Lake maintenance Bi-Weekly Rake/redistribute gravel under picnic tables and benches Empty BBQ's of ashes C Cloisters Maintenance Tasks Page 2 Litter pick -up -open space area Monthlv Check new trees and plantings Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspection New plantings Bi-Annually Fertilize turf/planter areas Paint restrooms, structures, signs, etc. Seed & aerate turf areas Annuallv General safety inspection ® Annual tree pruning As Needed. Remove graffiti Pest/gopher control Trim and spray paths Mow open space area u.w.misc.domaintsk ® Attachment B CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2000 NAME: Cloisters Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for the maintenance of the Cloisters Park and Open Space for fiscal year 2000/01. Personnel Services Director S 1.341.00 Leadworker S 2.701.00 Maintenance Worker II $28,944.00 ® Maintenance Worker II S28.950.00 Overtime S L250.00 Fringe benefits $20.362.00 Sub -total Personnel Services S83,548.00 Supplies Uniforms/safety equipment S 1:000.00 Grounds maintenance supplies S 5.259.00 Small tools S 2.000.00 Fuel. oil and lubricants S L000.00 General office supplies $ 100.00 Misc. operating supplies S 4:500.00 Sub -total Supplies S13,859.00 Services Other professional services S 5,700.00 Electricity S 3.000.00 Water $23.000.00 Outside equipment repair and maintenance $ 2,984.00 Engineering services $ 2.000.00 Pest control services $ 500.00 0 Disposal $ 750.00 l� J \7 J Cloisters Engineers Report Page 2 Services(con't) General liability S 2.886.00 Propem, damage insurance S 117.00 Vehicle insurance $ 600.00 Outside Structural Repair $ 3,000.00 Sub -total Services S 44,537.00 Equipment Reimbursement Truck S 4,000.00 Sub -total Equipment Reimbursement S 4,000.00 Capital Outlay Other maintenance vehicles $ 3.000.00 Sub -total Capital Outlay S 3,000.00 Total Assessment Estimate Per Parcel Yearly Assessment S148,944/120 parcels c.w. council.cloens00 S148,944.00 S 1,241.20 ® RESOLUTION NO. 31-00 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the North Point subdivision requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area: and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements: and WHEREAS, pursuant to Section 22623 of the Act. the Engineer has filed in the Office of the City Clerk. and submitted for review to the City Council, a report entitled "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance Assessment". dated June 3, 2000 prepared in accordance with Article 4 of the Act, commencing with Section 22565: and ® WHEREAS, pursuant to Section 22608.2 of the Act. the subdivider(s) were required by City ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area: and WHEREAS, pursuant to the intent of Article XIII. Section 4. of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held July 10, 2000 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay. CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineer's Report dated June 3, 2000. which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $5,645 or $564.50 per assessable parcel for fiscal year 2000-01. r1 U RESOLUTION 3 1 -00 PAGE ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12th day of June- 2000 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ATTEST: BRIDGET BAUER, CITY CLERK u.counciLms3 1 -00 El ,r u EXHIBIT A CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND 1. = LOT NUMBER u° 1.10 AC= �¢� ,0 = COUNTY ASSESSORS PARCEL NUMBER y � b• L 082 x l� "9 46 a NO AREA Grypq a. 6. TRACT 2110 ' 15 1 ` ' 5 21 ACC . ;3 12 A 11 00� l,o �o is Exhibit IA May 2000 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR COSTS 1999/00 (Actual and Projected through fiscal year end) Personnel Services (costs for May I- June 30, 2000 are projected in personnel services) Director $ 405.20 Lead worker S 765.90 Maintenance Workers $ 908.46 (includes daily & routine $ 912.60 tasks) Sub -total personnel services S 2,992.16 Equipment Time (truck) for Personnel S 698.75 Cite Engineering Review and Engineers Report S 90.00 Repair and Maintenance Supplies (these are actual costs. additional costs may be incurred from May I- June 30. 2000) Trash liners Round -up 80 used x .50/each 40 oz. used Sub -total for repair and maintenance supplies Insurance Public Utilities (costs for May I- June 30, 2000 are projected in public utilities) S 40.00 $ 40.00 S 80.00 S 380.00 S 101.00 Repair and Maintenance Services (these are actual costs, additional costs will be incurred from May 1- June 30, 2000) Monthly Blow paths .5 hr staff x 12 mo x $21.63 $ 129.78 & parking lot 6 hrs truck x $5.59/hr $ 33.54 6 hrs blower x S 1.40 $ 8.40 11 E North Point Costs-FY 1999/00 Page 2 Bi-Annually Mow meadow 1 hr staff x 2/year x $21.63 $ 43.26 2 hrs mower x $11.18 $ 22.36 2 hrs truck x $5.59 $ 11.18 Sept. 1999 Remove crumbled 4 hrs. ph staff x $9.51 S 38.12 boulder 4 hrs truck x $5.59 $ 2 2.3 6 Jan. 1999 Repair erosion on 1 hr staff x $20.28 $ 20.28 beach access 1 hr truck x $5.59 $ 5.59 Sub -total repair and maintenance services S 334.87 Total for maintenance of North Point Natural $ 4,676.78 Area, July 1, 1999 through May 1, 2000 Deficit from fiscal year 1998/99 <$ 319.73> Grand Total S 4,996.51 Amount assessed property owners for maintenance S 5,645.00 of North Point Natural Area for F.Y. 1999/00 Deficit/Overage (to be applied to F.Y. 2000/01) +S 648.49 as of May 1, 2000. c.u.coun61.nrptacI99-1 u 11 r CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Reviewed and Approved By: La ence Kraemer Civil Engineer Prepared By: d. ,1 . _ I Andres K. Eueker Director, Recreation and Parks Department City of Morro Bay June 3, 2000 1 E E CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Paqe I. Project Description 1 it. Maintenance Tasks 1 III. Maintenance Costs 1 IV. Apportionment of Assessment 2 Assessment Diagram 3 Maintenance Task List Attachment A Detailed Cost Analysis Attachment B CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Project Description As a condition of approval for Tract No. 2110, the North Point subdivision, the developers were required to offer to the City for dedication Lot 11 of the subdivision for park purposes, and to construct improvements on Lot 11 including a paved parking area, a stairway providing access to the beach, benches, landscaping and irrigation, lighting, and other improvements. The subdivision was also conditioned to provide maintenance of the park by establishing an assessment district. Lot 11 of Tract No. 2110 is identified as the North Point Natural Area. ® The owners of the ten residential lots within the North Point subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the North Point Natural Area. IL Maintenance Tasks A list of maintenance tasks required to maintain the North Point Natural Area in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. III. Maintenance Costs The estimated annual cost of maintaining the North Point Natural Area was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance for the 2000/01 fiscal year is estimated to be $5,645.00. The detailed cost estimate is included in this report as Attachment B. ® IV. Apportionment of Assessment The total assessment for the District is apportioned to each of the ten residential lots equally. Lot 11, the North Point Natural Area; Lot 12, a private street; and Lot 13, an open space parcel to be granted to the State of California; are not assessed. Individual assessments are listed in the following table: Parcel/Assessment Table Lot Number County Assessor's Parcel Number Annual Assessment 1 065-082-10 $564.50 2 065-082-11 $564.50 3 065-082-12 $564.50 4 065-082-13 $564.50 5 065-082-14 $564.50 6 065-082-15 $564.50 7 065-082-16 $564.50 8 065-082-17 $564.50 9 065-082-18 $564.50 10 065-082-19 $564.50 11 065-082-20 $ 0.00 12 065-082-21 $ 0.00 13 065-082-22 $ 0.00 ,d-f�erQ,N E u CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT T4 2 NO ARFA CNET! 10 -70 /T 0 ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND i. = LOT NUMBER a0 = COUNTY ASSESSORS PARCEL NUMBER 1 S 19 9. s F 7. 6. TRACT 2110 15 i 21 14 55 AC= A t ATTACHMENT A NORTH POINT NATURAL AREA MAINTENANCE TASKS DAv Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash cans Clean - benches fencing Check - beach access stairway bike rack lights ® planting hillside, erosion Week1v Blow paths, parking lot Monthly Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Paint beach access stairway, public access signage New plantings (replacement) General safety inspection Annual tree pruning As 'Needed Remove graffiti Mow open space Pest/gopher control Trim and spray paths Repair public access signage ® Attachment B NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2000 NAME: North Point Natural Area Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for the maintenance of the North Point Natural Area for fiscal year 2000/01. Personnel Services Director S 135.00 Lead worker S 386.00 Maintenance Worker 11 $2,682.00 ® Employer Paid Benefits S1,101.00 Sub -total Personnel Services S4,304.00 Supplies Grounds Maintenance Supplies $ 191.00 Sub -total Supplies S 191.00 Services Engineering V $ 500.00 Utilities S 250.00 Insurance $ 100.00 Outside Ground Repair S 300.00 Sub -total Services S1,150.00 Total Assessment Estimate S5,645.00 Per Parcel Yearly Assessment S5,645.00/10 parcels S 564.50 c. w.coun c i I. nrpten e00 11 ® RESOLUTION NO.30-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN OPPOSITION OF ASSEMBLY BILL 2570 AN ACT RELATING TO COMMERCIAL FISHING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the commercial fishing industry is one of the City of Morro Bay's top priorities as identified in its Local Coastal Plan; and WHEREAS, the commercial fishing industry contributes to the City of Morro Bay's economic well being; and WHEREAS, the commercial fishermen provide a high quality, nutritious, and desirable food source to the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the imposition of additional restrictions and regulations ® which could hinder the efforts of the local commercial fishing fleet; and BE IT FURTHER RESOLVED, that a prohibition on commercial fishing in shallow waters as set forth in AB 2570 would negatively impact the local halibut and sea bass fishing industry and therefore should be vigorously opposed; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay, California, opposes AB 2570 as introduced by Assemblyman Maldonado and wishes to register its opposition of this bill. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of May, 2000 on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None D R ANDERSON, Mayor ATTEST: BRIDGE" AVER, City Clerk RESOLUTION NO. 29-00 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING AND ADOPTING THE PUBLIC WORKS ADVISORY BOARD BY-LAWS AND RESCINDING RESOLUTION NO. 52-98 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council values input from citizens on the development and management of public ways, public facilities and key public services is both necessary and desirable to maintain the economic health and quality of life of the City of Morro Bay; and WHEREAS, City Council Resolution No. 52-98 established the Public Works Advisory Board in its present form; and WHEREAS, the City Council now desires to rescind Resolution No. 52-98, change the Public Works Advisory Board composition and amend residency requirements for Public Works Advisory Board members; and ® WHEREAS, the City Council also wishes to modify the by-laws of the Public Works Advisory Board to more generally describe meeting times and locations and to provide for a voting Chair and Vice Chair. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby rescind Resolution No. 52-98. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, California, does hereby adopt amended Public Works Advisory Board By -Laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of May, 2000 on the following vote: AYES: Anderson, Elliott, Peirce NOES: Crotzer, Peters None ABSENT: None LRC DG ND RSON, Mayor ATTEST: BRIDGE BAUER, City Clerk ® CITY OF MORRO BAY PUBLIC WORKS ADVISORY BOARD BY-LAWS The Public Works Advisory Board is established to advise the City Council concerning policy decisions relating to Water, Wastewater, Streets, Recycling and Solid Waste, Cable Television and Telecommunications, Trees, Transportation and other issues related to the scope of responsibilities of the Public Services Department. APPOINTMENTS The Public Works Advisory Board shall consist of five (5) voting members, all of which must be qualified electors of the City of Morro Bay. Appointments to the Committee and filling of vacancies shall be made by the City Council and shall be a representative cross section of both lay and professional knowledge. Voting results shall be recorded in the minutes. ® TERMS OF OFFICE Members of the Board shall serve for a period of four (4) years commencing January 31. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS Members of the Public Works Advisory Board shall serve without compensation. ABSENCE FROM MEETINGS Absence of a Board Member from three (3) consecutive meetings without formal consent of the Board as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will be declared vacant. ORGANIZATION At its regular meeting in January, or at its first regular meeting in February of each year, the Board Members shall elect a Chair and Vice -Chair who shall hold office for a period of one year. The Chair shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Board. In the absence of the Chair, the duties of the office shall be performed by the Vice -Chair. If both the Chair and Vice -Chair are absent, the ® remaining quorum shall appoint a Chair pro tem to preside at that meeting. The Chair and Vice -Chair shall be voting members of the Board. The City of Morro Bay staff will maintain action minutes of the official activities of the Committee. LEGAL REFERENCE The Community Promotions Committee's agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. A majority of the voting members of the Public Works Advisory Board shall constitute a quorum. MEETfNGS Regular meetings of the Public Works Advisory Board shall be held monthly on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comments, provided that the action is consistent with the Brown Act. ® CITY STAFF The Director of Public Services or his/her official delegate shall be responsible for preparing agendas, reports, and minutes pertaining to the Public Works Advisory Board business and shall attend the Board meetings. ROBERTS'RULESOFORDER In all matters and things not otherwise provided for in the by-laws, the proceedings of the Board shall be governed by "Roberts' Rules of Order", revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. BY-LAW AMENDMENTS All amendments to the Public Works Advisory Board By -Laws shall be approved by the City Council. isPublic Works Advisory Board By -Laws C:�ATEMPNWAB BYLWS 4-00. DOC 2 RESOLUTION NO. 28-00 ® A RESOLUTION APPROVING PARTICIPATION IN REGIONAL COMMERCIAL RECYCLING EDUCATION PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides fiords to cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS, the California Department of Conservation's Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and WHEREAS, per Section 14581 (a)(4)(E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation's Division of Recycling. WHEREAS, the San Luis Obispo County Integrated Waste Management Authority (IWMA), of which the City is a member, held a meeting with staff from the member jurisdictions to discuss how to use these fiords; and WHEREAS, the consensus from the meeting was to establish a commercial (including multi -family housing and schools) recycling education program with the IWMA taking the lead to apply for the funds and manage the grant. ® NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the San Luis Obispo County Integrated Waste Management Authority is authorized to submit the Funding Request form to the Department of Conservation's Division of Recycling on the City's behalf. BE IT FURTHER RESOLVED, the Manager of the San Luis Obispo County Integrated Waste Management Authority is hereby authorized and empowered to execute in the name of the City of Morro Bay all necessary forms hereto for the purposes of securing payment to implement and carry out the purposes specified in Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, and provide information regarding this program to the Division upon request. The San Luis Obispo County Integrated Waste Management Authority will be the responsible party to provide records to the Division should an audit be performed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of May, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None /[2 G ANDERSON, Mayor ATTEST: it CITY COUNCIL RESOLUTION NO. 27-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR TWO ELECTRIC VEHICLES; TO ACCEPT A GRANT FOR SAME. AND TO APPROPRIATE FUNDS FOR THE BALANCE OF THE COSTS WHEREAS, the City Council of the Citv of Morro Bay supports efforts to find and use alternative fuel sources for the City's transportation needs and the City of Morro Bay has received a five -thousand dollar grant from the San Luis Obispo County Air Pollution Control District; and WHEREAS, the State of California conducted an open and competitive bid process and awarded a contract to Barber Ford of Ventura- California for the Ford Ranger electric vehicle; and WHEREAS, the City Council finds that the procurement procedures followed were adequate to insure a fair and open competition and to determine a fair price; and WHEREAS, the City Council has included language in the employment contract for the Cite Manager, encouraging the use of an alternative fuel powered vehicle; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Manager is authorized to execute a lease contract «nth Ford Credit for the lease of two (2) electric Ford Ranger vehicles. and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of said lease, with related costs, shall not exceed thirty-six thousand five hundred dollars: and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the General Fund budget for Fiscal Year 1999-2000 is hereby amended to include the $36,500 for this purpose. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay; on the 24th day of April, 2000, by the follo«ing vote to %vit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None dger derson, Mayor Bridgett Bat r. City Clerk- 0 U:\FILES\WP\CCRESO\RES00027.CC.wpd:koser C RESOLUTION NO. 26-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, PROCLAIMING SUPPORT FOR THE COMMUNITY'S POPULAR DESIRE TO PRESERVE THE BLUFF OPEN SPACE AND VIEWS ON THE CARATAN PROPERTY'S BLUFF PARCEL AND FORWARDING THIS SUPPORT TO THE CALIFORNIA COASTAL COMMISSION AS PART OF. THEIR ACTION ON THE CITY'S AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL PROGRAM, AND LAND USE PLAN MAP AS THEY APPLY TO THE CARATAN PROPERTY THE CITY COUNCIL City of Morro Bay _ CASE NO. GP/LCP AMENDMENT 01-97 WHEREAS, the Caratan property is located in the C-VS (S3, SA), C-VS/R-2 (PD, SA), and OA-2 Zoning. Districts, and on the blocks bordered by Main Street on the east, Embarcadero on the west, Olive Street on the south and South. Street on the north, known as the Caratan Property, more particularly described as: APN: 066-174-001 (Interior Parcel) and 066-172.002 (Bluff Parcel); City of Morro Bay, County of San Luis Obispo, State of California; and ® WHEREAS, the City Council of the City of Morro Bay, on the 22nd day of March, 1999, by adoption of Resolution 18-99, after duly noticed PUBLIC HEARINGS, approved the request of the applicant Wayne Colmer of Colmer Development Company, on behalf of M. Caratan, Inc., property owner, for amendments to the texts and.maps of the General Plan, Local Coastal Program, Land Use Plan Map, and Zoning Ordinance texts and Zoning Map consisting of designating the Bluff Parcel as R-1, the Interior Parcel as R-2, and amended the Circulation Element to remove the policy for an extension of bluff road extension down to Embarcadero Drive; and WHEREAS, the City Council did find that the amendments are intended to protect and strengthen the surrounding upland residential neighborhood by establishing a generally more compatible land use that potentially better manages effects to community scale, preservation of the environment, and use of limited public services; and WHEREAS, the City Council did forward the decision to the California Coastal Commission for approval, and the Coastal Commission Staff Report, Morro Bay LCP Amendment 1-99, Caratan/Cohner, did recommend Findings for Dento the Coastal Commission at their March 16 ial 0 , 2000, meeting; and WHEREAS, the City staff and the Applicant did. present Conditions of Approval to the California Coastal Commission at their March 16`s, 2000, PUBLIC HEARING for designating the ® Bluff parcel land use as Open Space and the zone designation as OA-2 based on allowing residential development to occur on the Interior parcel, and the California Coastal Commission did continue the 1 of 5 City Council Resolution 26-00 April 24, 2000 Meeting GPA/LC P/ZO Amendments 01.97 (Colmer/Careen) City of Marro Bay meeting to May, 2000, and directed Coastal Commission staff to prepare conditions to approve -the ®roject that Aill protect the Bluff -top parcel open space and views; and -9. there was significant community participation and unified support from the Citizens of Morro Bay presented to the Coastal Commission at their March 16d, 2000, meeting recommending the preservation of the Bluff parcel's exceptional views and open space values; and WHEREAS, the Property Owner and Applicant have formally indicated to the City Council of Morro Bay in letter dated April 18, 2000, that they agree to 1) change the land use designation of the Bluff Parcel to Open Space and the zone district to OA-1, and 2) include the following features as required development conditions of approval in the pending Concept/Precise Plan consisting of: a. Dedication of the bluff -top property with a view and access easement; b. Creation of additional parking and improvements to the existing boat rinse down facility on Embamadero Drive, . c. Provide an expanded and enhanced Monarch autumnal habitat on the Bluff parcel to mitigate potential impacts to the Interior site's habitat for the proposed residential project, d. Ensure adequate water quality for the proposed residential project; and WHEREAS, the City Council has reviewed the Property Owner and Applicant's recommended land use and zone changes to the Bluff parcel and finds they are consistent with the general public's desire to -preserve the Bluff parcel's .exceptional open space and view qualities while providing the property owner with reasonable use of the property; and ® NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, does here by endorse 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 recommend to the California Coastal Commission support for the preservation of the Bluff -top parcel's (APN: 066-172-002) open space, public views of the bay; sandspit, Morro Rock, and ocean by designating the site's land use as Open Spaceand zoning as OA-1, as indicated by Exhibits ."A" and "B", attached hereto and made a part of this resolution; and 3. That the Council does hereby recommend to the California Coastal Commission support of the Property Owner and Applicant's recommended modifications to the Bluff -top parcel (APN: 066- 172-002) consisting of the following features to be implemented with the Concept/Precise Plan and recordation of the Tentative Tract Map: 1) the preservation of views and provision of public access, 2) new parking and improvement of the boat rinse down facility, 3) should potential impacts (as stated in Applicant's Letter dated April 18, 2000) and that these modifications are in compliance with the intent, objectives, and policies of the California Coastal Act, and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all it's provisions. is 2of5 City Council Resolution 26-00 April 24, 2000 Meeting GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) City of Morro Bay 4. This Resolution of support of the Property Owner and Applicant's requested modifications shalt be ® transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held on this 24th day of April, 2000, by the following vote to wit: APES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R ANDERSON, Mayor ATTEST: BRLDGETT AUER, City Clerk 11 E 3of5 City Council Resolution 26-00 April 24, 2000 Meeting GPA/LCP/ZO Amendments 01.97 (Colmer/Ctuatan) City of Morro Bay E 1 E Resolution 26-00 g Opt, ANCHOR STREET en M O Q�Q la (0 0 © �5 p 1 1 apa �v. SOUTH STREET 1 J Y Q. 066-172-002i 7 (,� (- APH 066-172-001 i �1 0 O Qo ,6% --� OdJ\£ STREET -- o So' 100' 200- . SCALE EXHIBIT_A Proposed Land Use Plan. Map, Mixed Use Areas, and Planning Area Boundaries GPA/LCP/ZO Amendments 0 1 -97 (Colmer/Caratan) 4of5 E is City Council Resolution 26-00 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) April 24, 2000 Meeting City of Morro Bay Resolution 26-0.0 -� -vL 1 , QO 51P I ANCHOR STREET .2 e O1S Al vS E G' S bgl `S ` SOUTN STREET 0 IV u1[ � o66-m-ooz 3, 1 a I = APN 066-172-001 ' < 1 1 I I Z I ' OUVE STREET 0 50' 100• 200' - 1_.W SCALE EXHIBIT B Proposed Zone Map GPA/LCP/ZO Amendments 0 1 -97 (Colmer/Caratan) 5of5 )0 Pway Calabasas • 'Suite 110 Calabasas Califomia 91302 (818) 222-5666 Fax (818) 222-5668 EMAIL COLD1ER32@msn.com Oft l . APR 1 9 2VU April 18, 2000 Mayor Rodger Anderson and City Council Members City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Re: Colmer/Caratan Property LCP Amendment Dear Mayor Anderson and City Council Members: During the March Coastal Commission hearing to review the City of Morro Bay's request for an LCP amendment, the Coastal Commissioners requested that modifications be prepared for their ® May meeting that would allow approval of the project based on: 1. Protection of the bluff -top parcel open space and views, and. 2. Ensuring that adequate measures for water quality are established and attained. The property owner, M. Caratan, Inc, and Colmer Development Company, the project applicant concur with City staff recommendations and agree to the following: 1. Change the. land use designation of the bluff parcel from Mixed Commercial Visitor Serving/Residential to Open Space and the zone designation to OA-1. 2. Include the following features.as required development conditions of approval in the Concept/Ptecise Plan for the proposed project: a. Dedication of the bluff -top property to the City or qualified land conservation agency with a recorded bluff -top view preservation and public access easement to preserve views and open space values. b. Construction of new parking and boat rinse -down facility along the Embarcadero to provide an additional visitor serving feature. c. Provide Monarch Habitat Landscape enhancement on the bluff -top parcel to mitigate potential development impacts to bluff and interior parcel habitats. d. Install water runoff filtering systems at project catch basins to filter water runoff silt, petroleum hydrocarbons and other contaminants from the development site. C April 18, 2000 ® Page 2 The change in the land use on the bluff -top parcel as Open Space and the commitment to include the Concept/Precise Plan features mentioned above as conditioned development requirements, will hopefully provide an additional level of assurance to address the concerns of the Coastal Commission needed to approve this LCP amendment requested. Caratan, Inc. Luis Caratan, President WC:ldp 04-16-00 02:48pn FrorCuWmbine Yinyards 6617251233 T-485 P.01/01 F-474 !ipril l&, 2000 Page 2 The change in the land use on the bluff Top parcel as Open Space and the commitment to include the Concept/Precise Plan features mentioned above as conditioned development requirements, will hopefully provide an additional level of assurance to address the concerns of the Coastal Commission needed to approve this LCP amendment requested. WC:Idp E E Sin X 7e CWarwaramu, er Inc. Luis Caratan, President RESOLUTION N0.24-00 APPROVAL OF A THREE -PEAR LEASE AGREEMENT WITH DRISCOLL MARINA FOR LEASE SITE 129W-132W THE CITY COUNCIL 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 129W-132W; and. WHEREAS, the City of Morro Bay recently completed a dock reconstruction project on said Lease Site and has been attempting to locate an operator for said Lease Site since July, 1999; and. WHEREAS, Driscoll Marina has requested approval of a three year lease agreement with the City to operate a fish buying station; and. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a three-year lease agreement for Lease Site 129W-132W with Driscoll Marina_. dba Driscoll's Wharf is hereby approved.y ® BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said lease agreement. PASSED AND ADOPTED by the Cite Council of the City of Morro Bay at a regular meeting held thereof on the 10ih day of April, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None //Z/ /, /, " e" a� qWbGfR ANDERSON, MAYOR BRIDGET AUER. CITY CLERK THIS LEASE is made and entered into by and between the CITY OF. MORRO BAY, a municipal corporation of the State. of California hereinafter call MAIed CITY, and DRISCOLL . RP IA a Caifomia Limited Partnership, dba Driscoll's Wharf hereinafter called TENANT. WITNESSETH WHEREAS, the State of California granted certain. tideand 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, Starnes 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, and - Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; WHEREAS, the parties hereto lessor recognize and agree that on July 17, 1964, the CITY, herein, succeeded [o all the right, titleandinterest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said Countybythe state of California :pursuant to the above mentioned acts; and - - WHEREAS, Judgment has been entered on:October 14, 1968, in the case of the CITY, _ Plamtt$; versus County of San Luis Obispo, and State of California; Defendants, by the Superior : Court of the State of California in and for theCountyof San Luis Obispo, �30413, 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-Obispoin trust, as set forth above, passed automatically to the CITY upon the date of its, inco 1964; and Monition as a city on the 17dr.day of July, - - - - - WHEREAS, TENANTacceptsthis Lease with full knowledge that _there isno warranty of titleinand to the within described premises by CITY to TENANT; and - WHEREAS, in orderto 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 the Morro Bay Harbor, CITYleasesto TENANT the within - described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants to performed and the rental to . be pad by TENANT to CITY, CITY -leases be to TENANT, and TENANT leases from CITY, the - _ premises, herein called "the premises" or "said premises", in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: Lease Sites 129W-130W, 131 W and a portion of Lease Site 132 W. - � A copy of the lease site -map indicating said premises is attached hereto as Exhibit Aand - made a part hereof by reference, - 2 Article I FIXED TERM Section 1.01 Tenn The term of this Lease shall be a period of three (3) years, commencing April 15, 2000 and terminating without notice on June 30, 2003, 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 except as outlined in Section 13.03 hereof.. Except as outlined in Section 13.03. hereof requests for continued use of the premises shall be treated as an application for aapprnew Lease and shall require City Councilte approval to the CITY with all required supporting information and documents, terms, Council approval and the execut on of anew CITY Lease, containing the then most current - terms, covenants, conditions and rent schedules. - - - Section 1.03 Hold Over Should TENANT hold the premises after the ex piration of the term of this Lease.with the .consent ofthe express or implied, suchholding (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 thepther, at a notice from either party to _... in to twice one (1/12) of the total minimum and Percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject, to each and every te* covenant and condition of this Lease, unless the parties hereto agree in writing to carryover the existing rent. - - - TENANT shall indemnify and hold "CITY harmless from any and all loss or liability, including, but not limited to, claims Of succeeding tenants, -resulting from TENANT'S failure to surrender possession of the demise premises upon termination of this Lease during, at the end after expiration of the term hereof. - , or - Article 2"RENT Section 2.01. Minimum Rent TENANT agrees, to pay to CITY an annual rentalfor the use and occupancy of said equal l-. installments ., premises of Eleven Thousand Seventy Five Dollars ($11,075.00) per year payable in advance in semiannuamns, on the first days. of January and July Hof each year. Rent for the . period from date of execution until July 1; 2000 shall be prorated and due upon execution hereof and adjusted annually as shown in Section 2.02 hereof. Said rental shall be paid in lawful money . Of the United States of America, without offset or deduction and shall be paid to CITY it City, . Hall located at 595. Harbor Street, Morro Bay, California, or at such other place or places: as - _ CITY may from time to time designate by written notice delivered to TENANT. - - Section 2.02 Annual CPI Adiustment to Minimum Rent . The parties agree that on the first day of July, 2001 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, 2000, which is hereby agreed to be 167.9. The Consumer Price Index referred to herein is the Consumer Price - Index (all items indices, all urban consumers) for Los Angeles - Anaheim _Riverside, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, . 1982-84 Base Year= 100 (hereafter called "Index".) The percentage adjustment for any given 11 H year shall be based upon the average monthly Index for the twelve months ending December 31st of such year. 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 4I Index Therefore the minimum Percentage 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, Vut shall substitute another index in its place, then said: substinned index shall be used for the purpose of adjusting the minimum rental for the premises. Section 2.03 Penaltv'and Interest A. If any rent is not received within ten days following the daze of receipt by TENANT Of written notice of such rent being pastdue and payable„TENANTT shall pay a ]are penalty of -ten percent(10%°) of the amount of the rent in addition to the rent. - . B. _ In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%) per month or fraction thereof or the maximum amount pemutted by law, 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 CTTY. . 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:._ TENANTshall use the premises for operation of a fishbuyingstation: TENANT _ shall staff the premises. with a minimum of one. employee on site authorized to . purchase or arrange transhipping of fish, six (6) hours. daily, a minimum of five (5) days a week TENANT may close and shall not be required to meet the above hours'of operation staffing due to inclement weather _up to ninety (90) days each year. Lessee shall provide ice whenever available to all potential customers at the - same price without discrimination. - - - Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and agrees that any unauthorized use of the premises shall constitute a breach of this Lease and shall, at the option of CITY, terminatethisLease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to allother 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 or estoppel 4 - _ - 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. - 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 in 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 Lease, and shall, at the option of CITY, terminate this Lease. _ Section 3.04. Tidelands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands - _ Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. - Section 3.05 Cornoliance with Law TENANT shall, at its 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 federalstatutes, rules and regulations now in force or which may hereafter be in force. TENANT shall not allow liveaboard use of any - vessel on said premises in excess of sixty (60) days -in-any twelve month period without the " vessel owner first obtaining a liveaboard permit in compliance' with the City's Vessel Habitation Ordinance._ 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. [hereto of not, that - .® .TENANT has violated any inch ordinance, statute, rule or regulation in the use, of the premises shall be conclusive of that fact as between CITY and TENANT. Section 3.06 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 Construction 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: - - -I .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 forthepremises which shall provide for the full and . complete development of the premises, showing all facilities, structures, landscaping or other - - Improvements to be constructed or installed on each portion of the 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 _ 0 L] Where required by the Morro Bay Municipal Code, California Coastal Act; Corps of -_ other Engireers or any agency having authority over the Proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans - - or permits shall be applied for and obtained prior to any construction, alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction on the premises or any structure thereon or facility appurtenant thereto, the cost of which is greater than the amount of S 10,000; TENANT . shall file with the Morro Bay CTIY Clerk a final detailed Civil Engineer's, Registered Architect's — .. or Licensed and Bonded General Contractor's estimate of the cost of the construction:. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the.. . _ Morro Bay CTTY 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 its 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 equal to fifty . - -_ _- percent,(500/o).of the final detailed cost estimate, securing,, the. payment of all claims for the .- - - - - performance of labor or services on, or the famishing 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 said construction. In the' . event TENANT's contractor bonds the project in the amount set forth in this Section 4.02 it 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 aad all - - _ buildings and improvements now or hereafter located on said premises free and clear of all liens - -- and claims ofliens .for labor, services, materials, supplies, or equipment performed on or' famished to said premises. ;TENANT further agrees at all times to defend; indemnify and hold CITY harmless from any and all liability, loss, damage, costs and expenses (including without - limitation attorney's fees and settlement costs) arising. out of or related to.any and all claims for _ labor or materials in connection with any improvements, repairs, or alterations on the premises.- - -__ Should TENANT fail to pay and discharge or causesaid 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 Califomia 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 Ownership of Improvements -.. - - The parties agree that at the termination of this Lease, however occurring, TENANT shall _. _ have 60 days thereafter to remove all structures, facilities, installations, improvements and other Property belonging to TENANT from the premises. - - _ The parties further agree that CITY also has the option and right to require TENANT to •Y.. remove all structures, facilities, installations, improvements of any kind or other property . _ _ belonging to or placed upon the premises by TENANT at the termination of this Lease, however 6 occurring; provided CITY gives notice, in writing, no later than 30 days prior to the termination of the Lease; of its decision to require that such structures, facilities, installations, improvements or other property be removed. If CITY exercises such option and TENANT fails to remove such structures, facilities, installations or other. property improvements within 60. days" after the termination- of this' Lease," CITY. shall have the right to have such structures, facilities, - installations, improvements installations or other property improvements removed at the expense of TENANT. -If neither TENANT nor CITY exercise its option to remove or require the removal - any of:the structures; "facilities, installations and property improvements, then title to such _ structures, facilities installtions, and property improvements shall vest in CITY and TENANT shall not remove same. " - - Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for no any lien or security interest holder in the . premises 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 E _ : 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 tern of this Lease, TENANT shall, at TENANT's own cost and - - expense, keep and maintain said premises and 'all improvements now or hereafter on said. .. _ . premises in good order and repair and in a safe and clean condition, including, Without limitation - maintenance and inspection- of all mooring gear and tackle as required by CITY. Furthermore,. TENANT shall, at TENANT's own cost and expense, maintainat 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, upon fifteen (15) days written notice to TENANT, clean and clear said premises or remove and. store any individual mooring site, mooring gear and tackle, at TENANT's cost and expense, in the event. TENANT fails to maintain the premises or " the mooring gear and tackle as required under this Section 6.01. - Section 6.02. Renuirertients of Governmental Agencies " 'At all trees 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 Thereafter 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; and Defend; 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/or perform the —' requirements of this Section 6.02. 7 Section 6.03 Failure to Repair In the event TI2NANT's failure to maintain or repair the premises results in a haimrdous 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 premises until such repairs are minpleted.and . accomplishedandthe premises tendered safe for public use. Failure by CITY to enforce any of the 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 6.04 Inspection by CITY TENANf.shall permit CITY and CrMs agents, representatives, and 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 thii Lease. Section 6.05 Option to Terminate Lease for Destruction This lease shall remain in full force and effect including TFNANf's obligation to pay rentin allevents of destruction on the premises unless otherwise modified by written agreement Section 6.06 Application of Insurance Proceeds During the term of this lease,: CITY shall provide property damage insurance for existing - - improvements on the premises. Any and all fire or other property insurance proceeds that become payable at any time during the term of this "Lease because of damage to or destruction of any buildings of improvements existingon said premisesat the time of . " executing -of this agreement shall be paid to CITY and applied. by CITY toward the cost _ of repairing and restoring the damaged or destroyed improvements within a reasonable period after receipt of said proceeds.• _. Article 7 INDEMNITY AND INSURANCE Section 7.01" Indemnity Agreement TENANT shall defend, 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 harmless from any and all liability; claims, loss, damages, or expenses resulting from TENANT's occupation or use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expensearisingby reason of. - (1) The death or injury of any person,.including TENANT or any person who is. an employee or agent of TENANT, or the damage to or destruction of property, including property owned by TENANT or by person(s) who is an employee or agent of TENANT, from any insured causes 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 leased premises;- (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TE gANT, 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 by TENANT or any person in, on, or about said premises with or without the permission. . _ and consent of TENANT; _ - (3) Anywork performed on said leased premises or furnished to said leased premises or materials famished 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 its obligations under 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, secise 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 . at least two (2) months prior to the expiration date of such insurance terms, TENANT shall . procure other policies of said insurance so that'between theexecutionof this Lease 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 .named' as 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 inany ten year period, - except as required in Section 7.04. - Section 7.03_ Worker's Compensation TENANT shall maintain, a[ TENANT's own cost znd 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 Rmand Casualty Insurance " . CITY shall, at CITY's own cost and expense, at all times during the term of this Lease,. keep all improvements, existing on said premises at the time of execution hereof insured for fire and casualty under the CITY general policy. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 6.06 of this Lease. Section 7.06. 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 45days deliver to CITY a true and correct copy of each insurance policy required by this Article 7 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. C Section 7.06 Notice of cancellation of Insurance Each insurance policy required by this Article 7 shall contain a provision that it cannot be . canceled for an reason nor can the coverage - y erage or limits be reduced unless ten (]0) day - - 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 Sutiroaation Each insurance policy- cy required tinder this Lease, including without limitation those' . insuring TENANT against claims, expenses, 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 of inventory or business interruption. -. Article 8 TAXES AND UTILITIES Section 8.01 TENANT to Pav Taxes -_ TENANT -shall pay, before delinquency, all taxes and assessments levied upon. or - _ -assessed to TENANT on the premises by reason of this Lease or of any equipment, appliances, improvements, or other development of any nature whatsoever, erected, installed, or maintained . - - by TENAtv'T or by reason of the business or other activity of TENANT upon or in connection - - - with said premises. TENti ANT shall pay all possessory interest taxes applicable -to the 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 . i activities of TENANT, including without limitation construction upon the premises. Section 8.03 Utilities TENANT shall pay, or cause to be paid, and shall defend, indemnify and hold CITY, and . .- the property of CITY including, without limitation said premises, free and barmless 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.. TENANT may be required to sub -meter and . , bill for existing live -fish buying operation on Lease Site 133 W. _ Article 9 CONDEMNATION Section 9.01 Total Condemnation . 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 without limitation, rent (which shall be prorated to the =in, -date of termination), except those specified in Section 9.02 hereof. Section 9.02 Condemnation 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 parry to the "goodwill" 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 pursuant to Section 9.03 hereof shall be applied in the "manner specified -inSection _9.04 hereof 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 shall be allocated between CITY and TENANT as follows:.: - (a) That percentage of the compensation or damages awarded or payable because - - of the improvements that equals the percentage of the full tens of this Lease that . - - - has, at the time of the taking, not expired shall belong to and be the sole property of TENANT. (b) That percentage of the compensation or damages awarded or payablehecause - of the improvements that equals the percentage of the full term of this. Lease that has, at the time of the taking, expired shall belong to; and be the sole property of - CITY. - - - - - - - (c) The term "time of taking" as used in this subparagraph shall mean 12:01 a.m. on, whichever shall first occur, the date title or the date physical possession of the - portion of said premises on which the improvements are located is taken by the. agency or entity exercising the eminent domain power. - (5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be:: _ , - (a) The sole and separate property of TENANT during the first two years of the term of this Lease; (b) Equally divided, except`to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this Lease, . between CITY. and TENANT during the 3rd to 4th years of the term of this Lease; - and (c) The sole and separate property of CITY during the last (not applicable) years of the term of this Lease. - - 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 u terminate on the fast 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 Section, all subleases and subtenancies in or on said premises of 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 subleases and subtenancies; provided, however, that CITY may, at CITY's option, by mailing written notice to a subtenant allow any subtenant to anom 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 under this Lease, except those specified in Section 9.02 hereof. 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, thenthis Lease shall terminate as to the portion of said premises taken tinder 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 costand expense required by the eminent domain taking to matte the rema_=inino portion of said premises fit for the use specified in this Lease. - - - Section 9.05 Conveyance in Lieu 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 -public agency or 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 C11 Y'S Consent Except as provided in Section 10.02 .hereof,: 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 =ANT. CITY shall not unreasonably nor arbitrarily withhold its 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 parry does hereby agree to maintain active control and supervision of the operation conducted on said premises. 12 Section 10.02 Transfer of Stock as Assignment 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 hereof, 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 --of CITY; provided, however, that a transfer from TENANT. toa 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 Application for Assignment A condition of an assignment shall be that TENANT file with the CITY an application to assign the Lease 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 premises, CITY may require TENANT to guaranteesuch 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 generally accepted accounting principles, as approved by CITY's auditor or other, authorized representative or agent of CITY, 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 intestacyprovisions of the California Code as it may from,time to time be amended. Probate sale of the leasehold 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 premises, or suffer any other - person (the agents and employees of TENANT excepted) to occupy or use the 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 shall not be deemed to be a consent to any subsequent subletting, occupation, or use. Any such subletting without CITY's written consent shall be void, and, shall at CITY's option, terminatethis Lease. City shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06 Term of Sublease In no event shall the terns of any sublease .extend beyond the term of this Lease. Termination of this Lease prior to the expiration of this Lease term shall also terminate any and all subleases; provided,. however, that CITY may, at CITY's option by mailing written notice to.a. sub -tenant, allow any sub -tenant to attornm to CITY and continue his or her occupancy on said premises as a tenant of CITY. . Section 10.07 Sub -Tenant Subject to Lease 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 LJ Ell C 13 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-tenaat under the terms of this Lease. Section 10.08 Consent Form Agreement Prior to any consent by CTIY. to. any sub -Lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY 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 this Lease shall be deemed to be a violation by TENANT'of this Lease and that all remedies of C= for such violation, including without limitation termination of this Lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed'that TENANT must apply any and all moneys received from any sub -tenant first to the payment of obligations of the TENANT to CITY. Section 10.09 TENANT Remains Liable Prior to approval by CITY to any sub -Lease hereof, TENANT shall agree to be 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 any sublessee. - Section 10.10 Exception for Boatsiips. Motels Notwithstanding any provisions herein to the contrary, the terms "assignment," "subletting,". "occupation," or "use," shall not be consulted or interpreted to mean or include the temporary, short term renting or leasing of boat slips, moorings, 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 without limitation the right to recover the rent specified in this Lease asit becomes due. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this Lease are declared to be conditions to this .Lease. 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 tray terminate this Lease immediately. In the event of such termination, =NANI' 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 reenter and take possession of the premises subject to any applicable legal process. .. 14 Section 11.03 Termination 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. In 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 premises subject to any applicable legal process. Section 11.04 Beneficiary May Cure Default . - CITY shall afford the beneficiary in any security instrument of record with CITY on the premises the right to cure any default by TENANT of the covenants, conditions, or agreements - hereof, within the periods set forth inSections 11.02 and 11.03 hereof, which said periods shall be computed from the date said notice is mailed by the CITY to said beneficiary, by certified - mail. Section 11.05 Attorney Fees for Breach not Resulting in Court Action . In the event the CITY, finds it necessary to retain an attorney in connection with any default by 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 attorneys fees as. -` reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3)"days of written ".� "- - - notice thereof , 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 o time of termination of the Lease; . (b) The worth at the time, of any awardin such action of the amount by which the -7.. 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 any award in such action 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 its obligations under this Lease; and. - (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to re -eater 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 toCITYin 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. - U r Section 11.08 Waiver of Breach ® _ The waiver by CITY of any breach by TENANT of anv 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 party in relation thereto, the party, CITY or TENANT, prevailing iu 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 attomew's feesinsuch 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 mail. . Any notice or demand to CITY shall be served or delivered to the CITY Clerk of the CITY of - - Morro Bay, City Hall, Morro Bay, California Any notice or demand to TENANT shall be served or delivered to: - - - - -. Driscoll Marine = ATTN: Jerry Driscoll 4918 Nl Harbor DR ' San Diego CA 92106 Such addresses maybe changed by written notice by either party to the other party in _ accordance with the provisions of this Section 12.02. - 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, as such laws are applied to contracts entered into and performedentirely in - - = California by California residents. 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 assign of any and all of the parties hereto. Section 12.05 Joint -Several Liability In the event that TENANT is comprised of one or more individuals or entities, each such individual and entity shall be jointly and severally liable for all of TENA1vT's obli¢ations under - - - this Lease. - - - Section 12.06 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: Section 12.07 Entire Agreement This instrument constitutes the full, complete and exclusive agreement between CITY - - and TENANT respecting said premises and the leasing of said premises .to TENANT and - correctly sets forth the obligation of CITY and.TENANT to each other, as of this 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. Section 12.08 Modification - This Lease shall not be modified,. amended or altered except pursuant. to a written - 'agreement executed by the MAYOR and CITYwCLERK 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 Lease may not be modified by oral statements. by any person representing the CITY, including without limitation 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.upou purported written modifications. unless they meet the requirements. of this Section _ - - 12.08 and are approved in writing pursuant.to formal City Council action"and a subsequent written modification signed by the MAYOR and CITY CLERK. Section 12.09 Time of Essence - Time is expressly declared to be of the essence to this Lease. Section 12.10 Memorandum of Lease for Recording . - 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 purposesof, and in a form suitable for, being recorded. Any, such inemorandum'or "short form" of this Lease shall describe the parties, CITY and TENANT, set forth a description of the premises, specify the term . of this Lease, and shall incorporate this Lease by reference. -. Section 12.11 Termination for Nuclear Disaster - - This Lease may be terminated by TENANT by ten (10) day written notice in the event of a nuclear. explosion or leak of substantial nature of the Diablo Nuclear Power Plant or a - - declaration of war by the United States of America - C 11 17 Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE The following provisions apply to this Lease only: - Section 13.01 Security Deposit. TENANT has deposited s11,075.00 with landlord as seClY for TENANT s payment rent and performance of its other obligations under this lease and an renewals or yment of this lease. If TENANT dchnits in its a � Y moons of Payment of rent or performance of its other obligations . under this lease, CITY may use all or pan of the security deposit for the Payment of rent or any other amount in default, or for the payment of any other amount that CITY may spend or become obligated to spend by reason of TENANT's default, or for the payment to CITY of any other loss Or damage That CITY may suffer by reason of TENANT's default If CTfy so uses any portion of the security deposit, TENANT will restore the security deposit to its original amount within - five (5) days after written demand from CITY. CITY will not be required tokeep the securi deposit separate fromty. its own funds and TENANT will be entitled to 5% annual interest on the . security deposit The security deposit will not be a limitation on ClTrs damages or other rights under this lease; or a payment of liquidated damages, or an advance payment of the rent If . TENANT pays the rent and performs all of its other obligations under this lease, CITY will return the unused portion of the security deposit plus 5% annual interest to TENANT within sixty been days after the has been end of the term; however, if CITY has evidence that the security deposit assigned to an assignee of the lease, CITY will return the security deposit to the assignee. CITY may_ deliver the . security deposit to a purchaser of the Premises and be discharged from further liability with respect to it - Section 13.02 TETporary Use of City Property - - TENANT may temporarily Park up to five (5) freezer containers for storage of fish in the area south of the Public Restroom or at another City -owned property with the prior approval of the Harbor Director. TENANT shall be solely responsible for establishing safe and legal utilities and drainage for said containers. The annual rental for this agreement includes an additional. $1,000 for this consideration.. - Section 13.03 Conditional Option to Renew - - To implement a policy of recognizing the value of tenants who assist the CITY in its long tam development and improvement of Morro Bay Harbor, the. i'EN,9N-1' is hereby wanted a conditional option to renew this LEASE for a. further five (5) years from and after expiration of the original term at an annual rental to be negotiated, but otherwise neon the same terms and conditions as herein contained. Notice of TE.NANT's intention to renew this LEASE shall be given to the CITY at least one calendar year prior to the expiration of this LEASE. TENANT,s Option to renew shall be withdrawn by the CITY only on the condition that the City Council makes a written finding that the TENANT has not acted reasonably in assisting the CPIY in its long term development and improvement of Morro Bay Harbor. This finding shall be based _"Pon s"PPorhng information and documentation received during a public hearing, The TENANT shall be given reasonable notice of the time and place of this hearing and permitted to Present testimony. Notice of this finding by the City Council and withdrawal of this conditional IS option to renew shall be forwarded by the CITY to the TENANT at least sixty (60) days prior to the expiration of this LEASE. EXECUTED on April 14 2000 at Morro Bay San Luis Obispo County, California. CITY OF MORRO BAY DRISCOLL MARINA LIMITED ROIGERR/ NDE ON, MAYOR Qanaging Partner �OBERT HENDR, CITY IvIANA IXER anagu g Partner ATTEST: APPROVED AS TO FORM: BRIDGE AUER, CITY CLERK ROBERT CHU CITY ATTORNEY n �Sliof( 371 i, i R, J .. .I a I;j°�' L i. •�� II Zr Lu � ` � .it ..1 �i�i�I1 J'�• r - • r /v m w 0 ® RESOLUTION NO. 23-00 RESOLUTION APPROVING LEASE AMENDMENT 92 FOR THE LEASE AGREEMENT ON LEASE SITE 87-88/87W-88W THE CITY COUNCIL Citv of Nlorro Bay, California WHEREAS. the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described As Lease Site 87-88/87W-88W: and. WHEREAS, George Leage is the lessor of said property; and, WHEREAS, Mr. Leage has requested approval of a Conditional Use Permit (CUP) for operation of a Bed and Breakfast on Lease Site 87-88/87W-88W: and. WHEREAS, the Planning Commission granted approval of CUP 36-99 on March 20, 2000; and; WHEREAS, Mr. Leage has requested an amendment to the lease agreement for Lease Site 87- 88/87W-88W to add the Bed and Breakfast as a permitted use and to extend the terms of the lease for ® eight years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached lease amendment #2 to Lease Site 87-88/87W-88W is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said lease amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10ih day of April, 2000, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: ABSTAIN: Anderson AMENDMENT #2 LEASE AGREEMENT FOR LEASE SITES 87-88/87W-88W This Amendment 42 (the Amendment) is made and entered into as of this day of . 2000 by and between the City of Morro Bay, a municipal corporation of the State of California (hereinafter "City"), and George Leage, (hereinafter "Tenant'), to amend that certain ground lease for Lease Sites 87-88/87W-88W, between City and Tenant dated April 1, 1970 (the "Lease"). WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Sites 87-88/87W-88W, and the adjacent westerly submerged lands; and; WHEREAS, on April 1, 1970 City executed a long-term ground lease for Lease Site 87- 88/87W-88W with UPTE, Inc., which lease was subsequently assigned to Ralph and Shirley Gunther and: WHEREAS, on February 27, 1976 said lease was amended to clarify building conditions on the site and-, ® WHEREAS, on September 23, 1997 said lease was assigned from Ralph and Shirley Gunther to George Leage and; WHEREAS, Tenant has made significant improvements to the site since September 1997, and proposes to expend approximately $80,000 for the additional renovation of existing second floor building space to a transient occupancy unit and, WHEREAS, City and Tenant now desire to amend said lease agreement to extend the term, and to add transient occupancy as a permissible use under the lease in exchange for Tenant investment on the site since assuming the lease agreement; NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: 1. SECTION 2 shall be deleted in its entirety and replaced as follows: "The term of this lease commenced on April 1, 1970 and shall terminate without notice on September 30, 2018 unless sooner terminated as herein provided." 2. SECTION a shall be amended to add "Operation of a transient occupancy unit in compliance with CUP936-99 including any future amendments, conditions or changes to CUP 436-99." The applicable percent of gross sales rent from schedule A of the lease shall be "Motel 10%." Failure to construct the improvements as outlined in and in compliance with CUP936-99, as evidenced by issuance of a certificate of occupancy for the second floor to tenants by March 31, 2003 shall be a violation of this agreement and subject to default under section 28 of the agreement. 3. FIRST AMENDMENT to the lease dated February 27, 1976 shall be deleted in its entirety and shall no longer be in force or effect as it no longer has application to the agreement. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. Robert Hendrix, City Manager APPROVED AS TO FORM &, �v Robert Schultz, ttorney 1. ATTEST Bridgett B 0 er, City Clerk 46 RESOLUTION NO. 22-00 AUTHORIZATION FOR THE CITY OF MORRO BAY TO REQUEST A GRANT IN THE AMOUNT OF S65,000 FROM THE DEPARTMENT of BOATING and WATERWAYS FOR REPAIR AND MODIFICATIONS TO THE BOAT LAUNCH FACILITY IN MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay operates the Boat Launch facility in Morro Bay on the Embarcadero; and WHEREAS, the City of Morro Bay is desirous of repairing and repaving the Boat Launch to meet the needs of watercraft users and to provide public amenities to those utilizing the boat launching . facilities; and WHEREAS, The City of Morro Bay is willing for provide for the operation and maintenance of the proposed facilities at no cost to the State. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that by adoption of this resolution hereby requests the Department of Boating and Waterways provide a grant ® for the purpose of improving a public use boat launching facility in the City of Morro Bay. BE IT FURTHER RESOLVED, that the City of Morro Bay authorizes the Mayor to execute the grant agreement for submission to the Department of Boating and Waterways and accept the grant for the purpose stated above. BE IT FURTHER RESOLVED, that the City of Morro Bay Harbor Director shall be designated as the City's representative to administer the grant contract. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10' day of April, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None DGER ANDER ON, MAYOR BRIDGET AUER, CITY CLERK STATE OF CALIFORNIA-THE RESOURCES AGENCY - GRAY DAVIS. Gcmmo DEPARTMENT OF BOATING AND WATERWAYS ` 2000 EVERGREEN STREET SACRAMENTO, CA 95815-3831 "16)263-4327 d � E 1 V E Q MR21= March 23, 2000 Mr. Rick Algert Harbor Director City of Morro Bay — Harbor Department 1275 Embarcadero Morro Bay, CA 93442 Reference: Morro BayMdelands Park Boat Launching Facility Ramp Repair & Modification Contract No. 99-101-333 Dear Mr. Algert: Attached is the Ramp Repair & Modification Contract to make repairs to the above ® referenced boat launching facility. Please have your authorized representative sign all four (4) facesheets and complete and sign the accompanying Contractor Certification Clauses. Upon approval by the Department of General Services, one fully executed copy of this contract will be returned to you for your records. We also require a resolution from your governing body that both authorizes execution of this agreement and designates a position within city government (Harbor Director, City.Manager, or Mayor, etc.) to act as the City's representative on matters pertaining to this contract. Please feel free to call me at (916) 263-8147 should you have any questions regarding this contract. Attachments E S 1, M�e,4 Steve Watanabe Supervisor, Local Assistance :CC1991 •.• CCC199 httpJtw .olsAgs.t gov/STD_LANGUAGE/Domm=ts/c=199.hi r] CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. ContractorBidder Firm Name (Printed) Federal ID Number By (Authorizo Signature) i Printed am/and Title of Person Signing I Rodger Anderson, Mayor I I Date Executed Executed in the County of i San Luis Obispo A CONTRACTOR CERTIFICATION CLAUSES 1, STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Provide that everyemployee who works on the proposed Agreement will: ® 1) receive a copy of the company's drug -free policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. I of 3 10/3/99 12!41 F http!/w w.ois.dgs.ca.90vt6 t Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements m noted . above. (GC 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order pf a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or reement, the awarding agency must be contacted immediately for clarification. involved with the Ag Current State Employees (PCC 10410): 1). No officer or employee.shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): . 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such. action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake 1013199 12:41 P- httpJ/www.ols.dgs.ca.¢ov/STD_LANGUAGFIDocumens/ccc 199.hu 'CCI99' self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions ®efore commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. , 5. CORPORATE UALIFICATIONS TO DO BUSINESS IN CALIFORNIA: When agreements are.to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligatiohs.due to the state are fulfilled. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial'or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. Both domestic and foreign corporations (those incorporated outside of California) must be in good ®standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOD N: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district: (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions: or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. g. VENDOR DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other government entity. 11 10/3/99 12:41 P' STATE OF CAI.IF ORNIA - STANDARD AGREEMENT SM. ]13(N• WAS) STANDARD AGREEMENT U 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGe4CY•s NAME DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT) CONTRACTOR'S NAME CITY OF MORRO BAY (GRANTEE) 2. The term of this Agreement is: March 6, 2000 to (3 years from acceptance of PROJECT) 3. The maximum amount $ 65,000.00 of this Agreement is: SIXTY FIVE THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Scope of Work 1 Pages Ramp Repair & Modification Contract MolroBay —Tideland Park Boat Launching Facility Exhibit B — Small Craft Launching Facility Grant 8 Pages Standard Terms and Conditions 11 CONTRACTOR CONTRACTOR'S NAME (1ather than an individual, state whether a corporation, partnership, etc.) CITY OF O//RRO BAY BY (Au nu 'gnamre) DAT//E''SIGNED (Do not type) ' el 2- / K PR N E AND TITLE OF PERSON SIGNING Rodger Anderson, Mayor ADDRESS HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CA 93442 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF BOATING AND WATERWAYS Y(Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING CARLTON D. MOORE, Interim Director ADDRESS 2000 EVERGREEN STREET, SUITE 100 SACRAMENTO, CALIF. 95815-3888 CALIFOPUNIA Department of General Services ❑ Exempt per EXHIBIT A RAMP REPAIR & MODIFICATION CONTRACT Morro Bay Tidelands Park Boat Launching Facilit 1. GRANT (a) The DEPARTMENT will make a grant in the amount of SIXTY FIVE THOUSAND DOLLARS ($65,000) to the GRANTEE in accordance with EXHIBIT B; the grant shall not exceed this amount. (b) The GRANTEE shall deposit grant funds in a special account designated 'Boating and Waterways Ramp Modification Grant" which shall reflect all receipts and expenditures of grant funds. 2. PROJECT COMPLETION DATE The GRANTEE shall complete repair and modifications to the Morro Bay launching ramp (such repair and modifications hereinafter referred to as PROJECT) no later than May 1, 2002. 3, BOAT LAUNCHING FEES The GRANTEE (or any lessee. or concessionaire operating under the authority of the GRANTEE) shall not charge a total fee in excess of $S.00 for both the launching and retrieval of boats within the PROJECT AREA, and shall not charge any additional fees (such as parking, day -use, etc.) in excess of $6.00 for use of the PROJECT AREA; however, the fees may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for October 1999 (503.9) as the base for any such adjustment, any adjustment which exceeds an annual percentage change in the CPI shall be made only after the GRANTEE obtains the written approval of the DEPARTMENT. 4. SPECIAL PROVISIONS (a) The GRANTEE 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) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses herein, first-class postage fully prepaid thereon- 1 ri SMALL CRAFT LAUNCHING FACILITY RAMP REPAIR AND MODIFICATION CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE I - DEFINITIONS A. CONTRACT means the contract to which these standard terms and conditions are appended. B. PROJECT COSTS mean those direct material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT; however, such PROJECT COSTS shall not include indirect or overhead charges claimed by the GRANTEE and shall not include any expenses incurred prior to the effective date of this CONTRACT. C. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.5 to finance all or part of the PROJECT COSTS. ® ARTICLE II - TERM OF CONTRACT A. The term of this CONTRACT, subject to any.provision for prior termination, shall begin on the effective date of the CONTRACT and shall continue for THREE (3) years from the date of acceptance of the PROJECT by the GRANTEE. B. This CONTRACT may be extended, amended or canceled. upon agreement of both the DEPARTMENT and the GRANTEE. ARTICLE III - DISBURSEMENT OF GRANT A. Conditions Precedent - The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover PROJECT construction costs unless and until the GRANTEE demonstrates that it has acquired permits necessary to construct the PROJECT. B. The disbursement of GRANT funds may be made either (1) in advance of PROJECT work or (2) after ® the occurrence of work (in arrears). 1 2. GRANT advances shall be subject to the following conditions: a) The GRANTEE may request a GRANT advance from the DEPARTMENT to cover those.PROJECT COSTS expected to occur in the succeeding NINETY (90) day period. b) Requests for GRANT advances may not be made more than once every THIRTY (30). days.. GRANT funds shall be made only after receiving the c) All expenditures of advanced prior written approval of the DEPARTMENT; requests for such approval must be accompanied by invoices or other evidence of PROJECT COSTS and may be made only once every THIRTY (30) days. d) The GRANTEE shall request DEPARTMENT approval of the final expenditure of advanced GRANT funds no later than THIRTY (30) days following the DEPARTMENT approval of PROJECT acceptance. e) The DEPARTMENT may withhold from GRANT advances an amount equal to TEN PERCENT (10%) of approved PROJECT COSTS until the DEPARTMENT has approved the acceptance of the PROJECT. 1) All GRANT funds advanced by the DEPARTMENT to the GRANTEE shall remain the property of the DEPARTMENT until such funds are approved for expenditure by the DEPARTMENT. g) The GRANTEE shall invest any advanced GRANT funds that are not required to meet immediate contractual obligations; any interest accrued from such investments shall be deposited in the account required by Paragraph 2 of the CONTRACT and shall be used to help pay the PROJECT COSTS. h) The GRANTEE shall return to the DEPARTMENT any GRANT funds including interest remaining after all PROJECT COSTS have been paid; such GRANT funds shall be returned to the DEPARTMENT no later than SIXTY (60) days following date of acceptance of the PROJECT by the GRANTEE. GRANT payments in arrears shall be made as follows: a) The DEPARTMENT may make monthly payments under this CONTRACT upon written request by the GRANTEE, such requests shall be substantiated by invoices or other evidence of PROJECT COSTS submitted by the GRANTEE. 2 ® b) The DEPARTMENT may retain GRANT funds equal to TEN PERCENT (10%) of approved PROJECT COSTS until the DEPARTMENT has approved the acceptance of the PROJECT. c) The GRANTEE shall request final payment under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. C. 'The DEPARTMENT may withhold any payment of GRANT funds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. D. The GRANTEE shall advise the DEPARTMENT in advance of any payment of PROJECT COSTS made from funds other than GRANT funds. Reimbursement from the GRANT maybe denied for any expenditure made without the prior written approval of the DEPARTMENT. E. The GRANTEE shall, within 60 days of approval of this CONTACT, provide the DEPARTMENT with a Project Schedule showing the proposed dates of the following PROJECT phases or milestones; Beginning and ending of GRANTEE selection of the PROEJCT design consultant; DEPARTMENT approval of the consultant contract; beginning and ending of PROJECT design; DEPARTMENT approval of final plans and specifications; beginning and ending of GRANTEE advertising of ® PROJECT for bids; PROJECT bid opening date; DEPARTMENT approval of construction contract; beginning and ending of PROJECT construction; and, acceptance of PROJECT by the GRANTEE. E ARTICLE W - CONSTRUCTION OF PROJECT A. The GRANTEE shall obtain from the DEPARTMENT advance written approval for the following: 1. All bid documents prior to advertisement, 2. All contracts prior to award, including consultant and construction contracts, 3. All construction change orders, and 4. Acceptance of the PROJECT by the GRANTEE. B. Plans and specifications for the construction of the PROJECT shall be prepared by persons licensed by the State of California to undertake the type of planning required by the PROJECT (engineers or architect's certificate number to appear on planning documents). C. All contracts for construction of the PROJECT shall: 1. Be awarded in accordance with all applicable laws and regulations. 3 2. Contain the following clause: 'Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." 3. Contain a clause that there shall be no discrimination against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, martial status, and denial of family care leave, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. Contractor and subcontractors shall insure that the.evaluations and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (GC Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (CCR Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing GC Section 12996 (a-f), set forth in Chapter 5, Div. 4 of Title 2.of the CCR, are incorporated into this CONTRACT by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 4. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. 5. Contain a clause that requires the contractors to ensure the structural integrity and safety of the PROJECT. D. Prior to the commencement of the construction of the PROJECT, the GRANTEE shall cause the contractor and a corporate surety acceptable to the DEPARTMENT to furnish in favor of the GRANTEE and the DEPARTMENT, as their interests may appear, bonds or other security interests as allowed pursuant to PCC 10263 & 22300 in the minimum amounts indicated below: 1. Faithful performance - ONE HUNDRED PERCENT (100%) of the total contract bid price. 2. Labor and materials -ONE HUNDRED PERCENT (100%) of the total contract bid price. Copies of such bonds shall be furnished to the DEPARTMENT. 9 p El E. The GRANTEE's personnel and construction of the PROJECT shall be under the supervision of qualified inspectors. F. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and on request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. ARTICLE V — LIABILITY A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT. B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arising out of the acquisition, design, construction, operation; maintenance, existence or failure of the PROJECT. C. If the DEPARTMENT is named as a co-defendant pursuant to Government Code Sections 895, et seq, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. ARTICLE VI - WAIVER OF RIGHT'S It is the intention of the parties hereto that from.time to time either party may waive certain of its rights under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE VII - REMEDIES NOT EXCLUSIVE The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the patty using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE VIII - OPINIONS AND DETERMINATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE IX - ASSIGNMENT No assignment or transfer of this CONTRACT or any part hereof, rights hereunder, or interest herein by GRANTEE shall be valid unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as the DEPARTMENT may impose. ARTICLE X - SUCCESSORS AND ASSIGNS OBLIGATED This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE XI — APPROVAL The CONTRACT is of no force or effect until signed by both parties and approved by the Department of General Service, if required. GRANTEE may not commence performance until such approval has been obtained. ARTICLE XII - AUDIT All contracts entered into by the GRANTEE involving an expenditure of GRANT funds shall contain a provision which indicates that the contracting parties shall agree that the DEPARTMENT, the Department of General Services, the Bureau of State Audits, or their designated representative after shfinall pa have the nt, unless aht to review and to copy any records for possible audit for a minimum of three (3) years longer period of records retention is stipulated. GRANTEE agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contracting parties agree to include a similar right to the State to audit records and interview staff in any subcontract related to performance of this CONTRACT_ (GC 8546.71 PCC 10115 et seq., CCR Tittle 2, Section 1896).. ARTICLE XHI — RECYCLING CERTIFICATION The CONTRACTOR shall certify in writing under penalty of perjury, the minimum, not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the PCC Section 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this CONTRACT, regardless of whether the product meets the required recycled product percentage as defined in the PCC Section 12161 and 12200. CONTRACTOR may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) ARTICLE XIV — CERTIFICATION CLAUSES ® The GRANTEE shall abide by the CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 199 hereby incorporated by reference and made a part of this CONTRACT by this reference as if. attached hereto. ARTICLE XV — ANTITRUST CLAIMS A. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). 'Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted,.it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the ® bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or(b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. ARTICLE XVI - CHILD SUPPORT COMPLIANCE ACT 'For any contract in excess of $100,000, the contractor acknowledges in accordance with, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code. B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." ARTICI;.E XVII - UNENFORCEABLE PROVISION In the event that any provision of this CONTRACT is unenforceable or held to be unenforceable, then the isions of this CONTRACT have force and effect and shall not be effected parties agree that all other prov thereby. 11 I! ® RESOLUTION NO. 21-00 RESOLUTION APPROVING PREFERRED ALTERNATIVE FOR MORRO BAY BOULEVARD / QUINTANA ROAD INTERSECTION IMPROVEMENTS the CITY COUNCIL, City of Morro Bay, California WHEREAS, the intersection of Morro Bay Boulevard and Quintana Road is a complex, multi -legged intersection which serves as the primary gateway to the community from State Route 1; and WHEREAS, this intersection has been identified as having exceeded it's capability to adequately accommodate vehicles at peak hours and a number of proposals have been considered for long-term geometric improvements; and WHEREAS, the intersection impacts, and is impacted by, State Route 1 and improvements are therefore subject to coordination with and consent of the State of California Department of Transportation (CalTrans); and WHEREAS, a grant was acquired from the San Luis Obispo Council of Governments for analysis of the intersection, including the concept of a "roundabout"; and WHEREAS, the opportunity may exist to acquire full construction grant funding in the current calendar year if prompt analysis, review, consensus and grant application submittal can be completed prior to May, 2000; and ® WHEREAS, the engineering consultant performed a professional analysis of options which were presented and discussed at the Public Works Advisory Board meeting of March 8 and a City Council public hearing held on March 24, 2000; and WHEREAS, in the determination of the consultant registered Traffic Engineer; a roundabout promises to provide a higher level of service for now and in the future with lower construction costs and better operational characteristics than a signalized intersection; and WHEREAS, the roundabout also promises to provide superior opportunity for aesthetic improvements for this critical gateway intersection; and WHEREAS, the City Council is in favor of pursuing a long-term solution to the intersection with benefit of full grant funding and accepts the technical determination of the consultant; and WHEREAS, according to documentation from the grant funding agency, a roundabout would qualify for a source of monies which a signalized intersection would not, with that particular source having significantly less competitors for full construction grant funding; and WHEREAS, while early coordination has been performed, with the accelerated schedule to date it is not known whether CalTrans will ultimately consent to the installation of a roundabout and appurtenant facilities upon State Route 1 right-of-way; and WHEREAS, the essential geometry of the roundabout option presented is the same as for a signalized intersection and is not exclusionary to either option; and WHEREAS, it is understood that any option is conceptual at this time and subject to revision as result of inter -agency consultations and permitting procedures; and WHEREAS, it is unknown whether full construction funding will again be available for improvements to this intersection; and Resolution No. 21-00 Page Two ® WHEREAS, time is of the essence and it is necessary to designate a preferred alternative at this time in order to continue pursuit of the long-term intersection improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the single -lane roundabout design concept referred to as Option 5a is hereby designated as the preferred alternative for the intersection of Morro Bay Boulevard and Quintana Road; and BE IT FURTHER RESOLVED, staff is hereby authorized and directed to pursue steps necessary to acquire approval of a project in substantial conformance to the preferred alternative and to identify and acquire construction grant funding. PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on the 10"' day of April, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ® ATTEST: D ER AND RSON, Mayor 151-1,". � ,,F1I WTVW U ri E � E .k L%l RESOLUTION NO. 20-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING BY-LAWS FOR THE COMMUNITY PROMOTIONS COMMITTEE THE CITY COUNCIL City of Morro Bay, California WHEREAS, tourism is essential to the economic health and quality of life of the City of Morro Bay; and WHEREAS, the Community Promotions Committee was re -constituted in early 1991 by City Council Resolution Nos. 02-91, 32-91, 21-96 and 71-98. The purpose of the Committee is to provide input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay and its special events as a tourist destination point in geographic and demographic areas outside the ® boundaries of San Luis Obispo County; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, do hereby adopt the amended Community Promotions Committee By -Laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of April, 2000 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None.: ATTEST: low M..: i E ® CITY OF MORRO BAY COMMUNITY PROMOTIONS COMMITTEE BY-LAWS MISSION STATEMENT Tourism is essential to the economic health and quality of life of this community. The Mission of the Committee is to increase tourism to Morro Bay through marketing and advertising. PURPOSE AND AUTHORITY OF THE COMMITTEE The Community Promotions Committee was re -constituted in early 1991 by City Council Resolution Nos. 02-91, 32-91, 21-96 and 71-98. The purpose of the Committee is to provide input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay and its special events as a tourist destination point in geographic and demographic areas outside the boundaries of San Luis Obispo County. ® APPOINTMENTS The Community Promotions Committee shall be comprised of up to seven (7) members, four of which must be qualified electors of the City of Morro Bay. Appointments to the Committee and filling of vacancies shall be made by the City Council. Committee members shall serve at the pleasure of the City Council. Members shall serve without compensation, and shall hold no other public office in the City. TERMS OF OFFICE Members of the Community Promotions Committee shall serve for a period of four (4) years commencing January 31st in the year specified when members are appointed. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. ABSENCE FROM MEETINGS Absence of a Committee Member from three (3) consecutive meetings without formal consent of the Committee as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will automatically be declared vacant ® for appointment of a replacement by the City Council. 0 RESIGNATION Should a member wish to resign from the Committee at any time during one's term of office, a letter of resignation submitted to the City Council is expected courtesy. ORGAiNIZATION At the last regular meeting in December, or first meeting in January of each year, the Committee Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain action minutes of the official activities of the Committee. LEGAL REFERENCE The Community Promotions Committee's agendas, reports, meetings and any and all ® actions shall be governed by the requirements of the Brown Act, as amended. QUORUM A majority of the voting members of the Community Promotions Committee shall constitute a quorum. MEETINGS Regular meetings of the Community Promotions Committee shall be held monthly on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comments, provided that the action is consistent with the Brown Act. CITY STAFF The City Manager or his/her official delegate shall be responsible for preparing agendas, reports, and minutes pertaining to the Community Promotions Committee business and shall attend the Committee meetings. 6 ROBERTS' RULES OF ORDER 1 In all matters and things not otherwise provided for in the by-laws, the proceedings of the Committee shall be governed by "Roberts' Rules of Order", revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Committee shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. BY-LAW AMENDMENTS All amendments to the Community Promotions Committee By -Laws shall be approved by the City Council. 3 ® RESOLUTION NO.19-00 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City Council has placed certain conditions on the development of Tract 1996, "The Cloisters," requiring formation of a property Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a public park, bicycle pathway, right-of-way landscaping, coastal access ways, ESH restoration area, and other common area improvements to be held by or dedicated to the City of Morro Bay as required by City Ordinance; and, WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract Map (condition l0e) and Precise Plan (condition 2c) as required by City Ordinance; and, WHEREAS, the Owners of the real property within the proposed district have consented in ® writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (100%) of the property owners approved formation of the district to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) E ® Resolution No. 19-00 Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 1996 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 22, 2000 City Council meeting. 5. This District shall be called the "Cloisters Landscaping and Lighting Maintenance Assessment District". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10' day of April, 2000 by the following roll call vote: ® AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None /.zSROE ANISERSON MAV OR ATTEST: t . ly BAUER TPOB PARCEL 1 Most northerly corner of Lot 122 of Tract 1996 0 0 0 C 1' = 400' C,v//%H HOONV Q 0 RESOLUTION NO. 18-00 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING IYIAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City has placed certain conditions on the development ofTract 2110 "North Point," requiring formation ofa property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16.030; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition FI-F7); and, WHEREAS, the Owners of the real property within the proposed district consented to the ® formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act X111, C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) E C Resolution No. 18-00 Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and High ways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. 3: The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 22, 2000 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10' day of April, 2000 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, -,Peters , ' ® NOES: Elliott ABSENT: None z O 4EIf A DERSON M OR ATTEST: BRIDGETt)BAUER CITY CLERK Wr/muvV 1I 11 CIT', Or ,WORRO dA}• ® NORTH PO1NT NATURAL AREA LANDSCAPING AND LIGHTING MAINTE;NANCEASSESS,kiE;NT DISTRICT ASSESSMENT DIAGRAN NORT= POINT Pi=..TURAL =. f, LEGEND .'14 t y:1 • ZO = s- i. = LOT 1..10 nC= iQ. = CGUN IY ASS--S`ARCEL 082 '.1A �C) NO 'G iJ i c ?l Ac % 1 , .55. r � N I�y RESOLUTION NO. 15-00 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPOINTING ROBERT HENDRIX AS CITY MANAGER AND APPROVING CONTRACT WHEREAS, by Resolution 84-99 on December 13, 1999, the City Council appointed Robert Hendrix as Interim City Manager for the City of Morro Bay-, and WHEREAS, CITY requires the services of a City Manager by providing special services and advice of a type authorized by Government Code Section 37103 and Morro bay Municipal Code Chapter 2.12: and WHEREAS, Robert Hendrix is specially trained and possesses special skills, education; experience, and competency to perform the services and provide the advice needed; and WHEREAS, City Council finds Robert Hendrix, is an experienced Public Administrator; and has the qualifications necessary to serve as the City Manager of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. Robert Hendrix, is hereby appointed as the City Manager of the City of ® Morro Bay to fulfill the functions of that office as provided by Government Code Section 34851 et seq. and Municipal Code Sections 2.12.010 through 2.12.070. 2. The City Council of the City of Morro Bay does hereby authorize the Mayor to execute the agreement with the City Manager attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 28th day of February, 2000, by the following roll call vote: APES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None OD ER ANDERSON, MAYOR ATTEST: BRIDGETr UER, CITY CLERK s/nslcm&Oc ""Clllsol5-00 ® AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered into this 28th day of February, 2000, by and between the City of Morro Bay, a municipal corporation in the State of California the "CITI"'), and Robert E. Hendrix ("MANAGER"). SECTION 1. DUTIES AND RESPONSIBILITIES: A. Appointment as City Manager. CiTY hereby agrees to employ MANAGER in the capacity of City Manager for CH during the term of this Agreement. MANAGER will perform the functions and duties specified in Chapter 2.12 of the iNiorro Bay Municipal Code for this position and perform such other legally permissible and proper duties and functions as the City Council may from time to time assign or delegate. B. Exclusive Employment. During the term of this Agreement, IMANAGER shall be in the exclusive employ of CITY; provided, however, that the term "exclusive employ" shall not prohibit part-time employment which the Employee may desire to accept Nvith appropriate prior knowledge and approval of the City Council. Such part-time employment shall not in any way conflict in time or interest with the MANAGER's responsibilities to CITI'. SECTION 2. TERM: TERMINATION: ® A. Term of Agreement. This Agreement shall commence upon execution by the parties and become effective March 1, 2000. However, the Agreement shall only become effective upon receipt by CITI' and MANAGER of written notice from the Public Employees Retirement System approving MANAGER's reinstatement front retirement. The initial term of this Agreement shall be for four years. Thereafter the Agreement shall be automatically renewed for consecutive terms of two years each unless either party gives written notice to the other of its intent to renegotiate the terms of the Agreement. Such notice must be given not more than three months, nor less than two months, before the end of the pending two year term. B . At -Will Employment. MANAGER's employment with the City is "at -will' and MANAGER serves at the pleasure of the City Council, pursuant to Section 2.12.010 of the Municipal Code. As such, City may terminate MANAGER'S employment at any time, with or without cause, with or without advance notice, subject only to the hearing requirements set forth in Municipal Code sections 2.12.230-2.12.260, inclusive. C. Termination Without Cause. In the event that CITY terminates MANAGER's enuploynrent for reasons other than those set forth in subsection D below, or for no reason stated, within the term of this agreement, or any extensions, CiTY agrees to pay MANAGER a cash payment equal to the MANNAGER's then current salary pursuant to the following schedule: PAGE: I of 5 ® Termination in Contract Month Months Salary 1-1s Is 19 17 20 16 21 15 97 14 23 13 24 12 25 11 26 10 27 09 2s 0s 29 07 30 06 After 30 months 06 The schedule of the payment pursuant to this section shall be at the sole discretion of the MANAGER. D. Termination With Cause. The CiTY may terminate MANAGER's employment hereunder at any time for cause subject to the provisions of Morro Bay Municipal Code Section 2.12.230-2.12.260. No lump such cash payment or other severance pay shall be due MANAGER upon any termination for cause. For purposes of this Agreement, ® "cause" shall mean (i) a gross or habitual failure to perform the functions and duties of the City MMNAGER or any other obligations as required by the terms of this Agreement; (ii) misconduct, as determined by the City Council in its sole discretion, including but not limited to: conviction of a misdemeanor or a felony, or entry of a plea of nolo contendere with regard to a misdemeanor or a felony, involving moral turpitude or dishonesty; or (iii) conduct by iMAINAGER, which in good faith and by reasonable determination of the City Council, demonstrates unfitness to serve. E. Voluntary Termination. MANAGER may voluntarily resign his position with CITY before expiration of the term of this Agreement by giving CiTY ninety (90) days prior written notice. in addition, if CITY at any time during tine employment term reduces the salary or financial benefits of MANAGER by a greater percentage than an applicable across-the-board reduction for all City employees, or in the event CITY refuses following written notice, to comply with any other provision benefiting MANAGER herein, then and in such event MANAGER may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply, such that MANAGER shall be eligible for the lump sum payment set forth in Section 2(C) above. F. Limitation on Removal. Pursuant to Morro Bay Municipal Code Section 2.12.270, notwithstanding anything to the contrary herein, CiTY may not remove MANAGER from office during or within any period of 90 days following any general municipal election held in the City at which election a member of the City Council is elected. n LJ PAGE 2 of 5 ® SECTION 3. SALARY: A. Initial Salag. CITY agrees to pay MANAGER for his services rendered pursuant hereto at the top of CITY's current approved salary range for this position effective January 15, 2000, payable in installments at the same time as other ennployees of CITY are paid. B. Salary Increases. The City Council shall evaluate imanager performance annually on the anniversary dale of this Agreement. If such evaluation warrants, the CITY may increase.N[ANAGER's annual base salary based upon MAN'AGER's performance and in accordance with the procedures set forth in CITY's personnel rules. Not withstanding other provisions related to salary and compensation, CITY' agrees that it will maintain a salary level for MANAGER that is, at minimum, fifteen percent above that of the highest paid department head. SECTION 4.-HOLJRS OF WORK: A. Regular Hours. MANAGER's duties may involve expenditures of time in excess of eight (8) hours per day and/or forty (40) hours per week, and may also , include time outside normal office hours such as attendance at City Council and other meetings. MANAGER sliall not be entitled to additional compensation for any work performed in excess of the CITY's regular workweek. ® B. Administrative Leave. It is recognized that MANAGER ,just devote a great deal of his time outside normal office hours without benefit of paid overtime m the conduct of CITY business, and, to that end, MANAGER may take administrative leave as he shall deer, appropriate during said normal office hours. SECTION 5. TRANSPORTATION: MANAGER shall be paid an automobile allowance in the amount of $450 per month, provided the MANAGER uses such automobile primarily for work -related business. MANAGER agrees to pay for and maintain liability insurance for such automobile and to name CITYas additional insured under such policy. Such allowance shall be deemed the entire compensation for all expenses related to the use of MANAGER'S automobile on CITYbusiness including, but not limited to liability insurance, collision ands comprehensive insurance, gasoline and maintenance. As an alternate to the automobile allowance, MANAGER shall provide the CITY, within six months of execution of this agreement, the feasibility of the CITY providing MANAGER with an energy efficient automobile for MANAGER to use primarily for work related business. The CITY shall have the sole discretion on whether to continue to provide MANAGER with a car allowance or to provide MANAGER with an energy efficient automobile. SECTION G. TECHNOLOGY: ® The CITY' shall provide to MANAGER upon execution of this Agreement inunediate authority within the budget to spend up to $3,500 for technology improvements. PAGE 3 of 5 ® Thereafter, the City agrees to budget, within the budget amount approved by the CITY, a technology budget to assist ,MANAGER in keeping technologically current and personal productivity high. The technology improvements will be used to pay the cost of acquisition of equipment and purchase of services related to information systems, data handling, communications and productivity and shall be budgeted for the good of the City in accordance with approved budgeting limitations. Purchases for technology improvements shall remain the property of the CITY. SECTION 7. ADDITIONAL EXPENSES: A. Dues and Subscriptions. CITY agrees to pay the professional dues and subscriptions of MANAGER necessary for his continuation and full participation in such national, regional, state and local associations and organizations as are necessary and desirable for his continued professional participation, growth, and advancement and for the good of CITY in accordance with approved budgetary limitations. B. Professional Development. C11-Y agrees that attendance at ICMA and League Conferences is both beneficial and expected. CI'N hereby agrees to pay the travel and subsistence expenses of MANAGER for professional and official travel, meetings, and occasions and for short courses, institutes and seminars necessary to continue the professional development of MANAGER, and to adequately pursue necessary official and other functions for CITY, in accordance with approved budgetary limitations and subject to Section 2.12.050 of the Morro Bay Municipal Code. ® C. Executive Expenses. CITY recognizes that certain expenses of a non - personal and job -affiliated nature are incurred by MANAGER and hereby agrees to reimburse such expenses upon presentation of a receipt and submission of the appropriate confining purchase requisition to the City Finance Department. SECTION S. BENEFITS: M-tA,\'AGER shall be entitled to those benefits set forth in Exhibit A. SECTION 9. GENERAL PROVISIONS: A. Entire Agreement: This Agreement, together with Exhibit A attached hereto, shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written. B. Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by CiTY and MANAGER and their respective successors, assigns, heirs and executors,.except that MANAGER may not assign this Agreement or delegate any of his obligations hereunder and may only assign his rights hereunder with the prior written consent of CITY. C. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected and ® shall remain in full force and effect. PAGE of 5 ® D. Notices. Any notice required under this Agreement shall be in writing, shall be sent by personal delivery, courier or fast class mail, return receipt requested, to the address set forth below, and shall be deemed effective upon receipt. E. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflicts of laws principles. F. Attorney's Fees. In the event of any dispute between the parties hereto relating to or arising out of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys' fees and costs, in addition to any other relief it may receive. IN WITNESS WHEREOF, the City of Morro Bay has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested to by its City Clerk, and the MANAGER has signed and executed this Agreement the day and year first above written. , A- �--z 9: 7 -� �- Robert E. Hendrix Address: 595 Harbor Street Morro Bay, CA 93422 ATTEST: Bridgett B. r r, City Clerk 1] CITY OF MORRO BAY r dd/ss: 595 Harbor Street Morro Bay, CA 93422 APPROVED AS TO FORM: Robert W. Schultz, Attorney PAGE 5 of 5 W ® E\HIBIT-A BENEFITS 1. Retirement. MANAGER shall be covered by the State of California Public Employee Retirement System. The CITY shall pay seven percent (7%) of MANAGER's legally required percentage of salary as a contribution toward MANAGER's retirement under the System. In the event this percentage is increased by the Public Employee's Retirement System, MANAGER shall pay any increased percentage. 2. Deferred Compensation Program. MANAGER shall have the option to participate in the Deferred Compensation Program offered by the City subject to the terms and conditions of the 1978 Revenue Act and Section 457 of the Internal Revenue Code. 3. Paid Vacation Leave. Upon execution of Agreement, CITY will provide twenty (20) days accrued paid vacation leave on the books of the CITY. MANAGER shall be entitled to accrue vacation leave at the rate of fifteen (15) days per year subject to and in accordance with the cap set forth in the current MOU with the Miscellaneous Employee Unit. MANAGER shall also have the option of converting up to five days of accrued vacation leave into cash each fiscal year. 4. Accrued Sick Leave. Upon execution of Agreement, CITY' will provide twenty (20) days accrued paid sick leave on the books of the CITY. MANAGER shall accrue one day paid sick leave per month. MANAGER shall be entitled to receive cash payment for up ® to 50% of unused sick leave upon termination of employment; provided, however, that such amount shall not exceed $4,500.00. MANAGER is entitled to payment for unused sick leave upon resignation only if written notice of intent to terminate is provided CITY in accordance with the Agreement. Based upon individual utilization of paid sick leave in the preceding fiscal year, MANAGER may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below. Sick Leave Utilization Maximum Conversion Sick Leave Vacation Leave To 11 0 hours 96 hours 48 hours 0 to 8 hours 72 hours 36 hours 8 'A to 16 hours 48 hours 24 hours 16'/4 to 25 hours 24 hours 12 hours Over 25 hours 0 0 At least 24 hours shall remain in MANAGER's sick leave bank after any conversion is authorized. 5. Health insurance Coverage. CITY agrees to provide medical, dental, and vision benefits, and to pay 100% of the monthly premium for MANAGER and his eligible dependents under the CITY's insurance programs. PAGE I of 2 ® G. Life Insurance. It is understood that a S20 000 Life Insurance policy is provided to MANAGER, and is included in the Dental premium rate. E 7. LTD Insurance. The MANAGER shall participate in the CITY -provided Long Term Disability Insurance Plan. The cost of this plan shall be paid by the CITY- S. Other Fmplovnient Provisions. All provisions of the Morro Bay Municipal Code and resolutions of the CITY relating to benefits and work conditions, unless specified or accepted in this Agreennent, shall apply to IMANAGER as they would to other employees of CITY. rAGE 2 of 9 E RESOLUTION NO. 14-00 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF NO PARKING AREAS ON MAIN STREET EAST AND WEST OF PACIFIC STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize prohibiting parking on any street within the jurisdiction of the City of Morro Bay; and, WHEREAS, it has been deemed necessary to designate areas on Main Street north and south of Pacific Street as no parking areas to increase sight distance at the intersection. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay. California, that no parking areas are hereby designated on Main Street north and south of Pacific Street as shown in Exhibit "C"; and, BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of February, 2000, by the following vote. AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None _ VK)D�ER ANISERSON, MAYOR ATTEST: BRIDGETT AUER, C7ity Clerk E. =4 ACCIDENT RECORD O1/03 East Pacific/North Main O1/18 East Pacific/South Main 04/01 East Pacific/North main 05/26 East Pacific/North Main 08/10 West Pacific/South Main -D 03/06 East Pacific/South Main 03/18 East Pacific/North Main 05/31 East Pacific/North Main 07/29 East Pacific/North Main 10/28 East Pacific/South Main ® 12/22 East Pacific/North Main 12/30 West Pacific/North Main ® EXHIBIT "A" ® UP-SAN OPPosINy YENICI.0 RESTRICTIONS 1=o/z SI (i f-I 1 uI TANCC IN 7-C/R S E C71 o NS EXHIBIT "B" STOPP/NG S/C/HT O/SYA h'Cc 1 � Sicily VC H cC I I D P STo�il� V6NrGtr /'.s.zxlNG R<<sTR1cT/b.v �8. t ID S CITY T. YoGt�iG oT j"tA.iJ �= 8 _ PnRKIN� REST!`ICTIo^1 Foil ' \/vUNMAUM' STO/-P/Nq S/y'yi ('ISTAd/CC ® P14Rklu G I OISTANCC of OIZIYcF 'To CUP.31-INC r�CC TRl: r7CN I T-� C�EET� Ar i 6 o S W /2SII 751,36 166 r9 92 ;4 96 97 W }Es v 150 1 i SO 35 99 /O./07j /101 /13 1/S //7 2oO /20�127 1331/31):142I147115oi1S3i/56 z 2S0 1/ 6 153 /67 /73!/7d�/23�/P8i/9/ /94 ' C G_ O I 1 1 1V11rV)M111J'. vTOPfo1NG SIGHT 7J15TA7`!C� (I,'� �.a,N INTc.QSrCI-IoNS S?_c0 MtNln^Uni £ro P)„ 01:-rx'"ces �G rS Mi IN.bM 1USTov?,^iG 1 5/iI;T O/ TgnJc�S (�T 25 ISO 200 40 El 7 I] U up c\ 2 �1�17dd RESOLUTION NO. 13-00 Is RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A DISABLED PARKING SPACE ON FRONT STREET NORTH OF HARBOR STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 22511.7 of the California Vehicle Code authorizes local authorities to designate parking spaces for the exclusive use of the disabled on any street within the City of Morro Bay: and, WHEREAS, it has been deemed appropriate to designate a space on Front Street north of Harbor Street as a disabled parking space. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that a parking space, shown as Option I in Exhibit "A", is hereby designated for the exclusive use of the disabled on Front Street north of Harbor Street: and, BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect this parking designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of February, 2000, by the following vote. ® AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN': Anderson 4DR AND RSON, MAYOR ATTEST: '.��� 787 n �� qN� Pa sp'DISI� l N i❑ E 11 HANDICAP PARKING SIGN (TYP) INTERNATIONAL SYMBOL OF ACCESSIBILITY STALL EMBLEM ACCESSIBLE AISLE �5' MIN.] 8' MINIMUM AISLE WIDTH REQUIRED Fig.23 AT 'VAN ACCESS(BLE' PARKING SPACES GENERAL DISABLED PARKING SPACE NOTES• 1) Disabled parking space must permit use of either car doors. 2) A parking bumper Is required when no curb or battier Is provided which will prevent encroachment of cars over the adjoining accessible route. 3) Wheelchair users must not to be forced to go behind parked cars other than their own to access an adjoining accessible route. 4) The maximum surface slope within the disabled parking space and adjacent access aisle may not exceed 29 In any direction. 5) Curb ramps may not encroach Into the required dimensions of disabled parking spaces or adjacent access aisles. 6) Access aisle (loading/unloading area) must connect to an accessible path of travel to the facility. The CaIDAG . California Disabled Accessibility Guidebook 01998 PCC EXHIBIT "B" El VISIONS Fine An Gallery and Gifts Mr. Bill Boucher City of Morro Bay 595 Harbor Morro Bay, CA 93442 Dear Mr. Boucher: ® iuui im - a 2U Following our discussion the other day, I would like to point out that there are no handicapped parking spaces the entire length of Front Street in the 900 block. There are ramps but no parking places. There are three potential spots on the corner of Harbor and Front streets that could be utilized. We have had several customers who are handicapped that have mentioned the fact that ® although we are wheelchair accessible, there are no parking places in our vicinity. If this could be addressed, it would be greatly appreciated. El Very truly yours, /) Frank St. Denis. General Partner cc: Roger Anderson, Mayor Janice Peters. Councilwoman Public FCi ( ' r e-. U11 900 Embarcadero, Mono Bay, CA 93442 (805) 772-5083 RESOLUTION NO. 12-00 RECOMMENDING CHANGES TO THE STATE DEPARTMENT OF FISH AND GAME AND THE NATIONAL MARINE FISHERIES SERVICE PACIFIC COAST GROUNDFISH REGULATIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS. the National Marine Fisheries Service (NMFS) and the State Department of Fish and Game recently enacted new regulations pertaining to Pacific Coast Groundfish; and, WHEREAS, the new regulations effectively close the recreational and commercial ground fishery in January and February south of 36°N and in March and April between 40°N 10' latitude and 26°N latitude; and. WHEREAS, local commercial and recreational vessels can fish outside the closed areas; but are prohibited from landing the catch in Morro Bay which is part of the closed area; and, WHEREAS, the City's local commercial and recreational ground fishing vessels are being devastated economically by these regulations; and, WHEREAS, the City feels it would benefit the local commercial and recreational ground fishing ® vessels and all ancillary businesses, with little or no negative impact on the fisheries resource, if the language of the new regulations would be amended to allow vessels to transport fish caught outside the closed areas into the closed area for landing and/or transport. Vessels could call in their catch and location of the catch prior to entering the closed area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City supports changes to the Pacific Coast Groundfish regulations which would allow transport of groundfish caught outside of the closed areas into Morro Bay for landing and/or transport to market. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 141h day of February, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R AN ERSON, MAYOR GwtRti/ BRIDGEITBAUER, CITY CLERK —FILE tb:..452 01114 ' LOIS CAPPS 22D 015tS.Ct, CAU10 IIu21225�0D01 r0hIMIrrEE ON 00 17:42 E C E 0 V E JAN .14 2D00 The Honorable William M. Paley Secretary of Commerce U.S. Department of Commerce 14th and Constitution Ave., NW Washington, DC 20230 • the Zlniteb atateg jouge of 3aepresentatibeg PAGE 2 wrI1XTwcf& - 1� 1411 M.nvn 5z"' , S". 209 S.F L 0. . CA 90.01 1e051546 a ❑ 1.2A Cn—µl STKII S.C. B..D CA 90101 19051 7m"10 I -I 910 E. STr .11 Kri D. 511. 111 S. ", M.u.. CA 11454 M0510.94012 January 14, 2000 PLI � Ii. Dear Secretary Daley, I am writing concerning an issue of great importance to my constituents on the Central Coast of California -- the recent ruling on the management for the Pacific Coast Groundfish approved by the National Marine Fisheries Service (NMFS). A specific component to the ruling has caused ® serious hardship to the local sportsfishing tour business and I am seeking clarification on interpretation of this rule. As you know, language in the NMFS ruling states: "fisheries will not be perntitted to take, retain, possess or land certain apexes in January -February south of 36°N. lat, and in March -April between 40D 10' lat and 26° N. lat." By prohibiting the possession of fish in the closed area, this language has essentially shut down the local sportfishing tour business. Since we are located in the area closed during January and February, our local fishing groups can not bring fish, legally caught outside the area, back with them to home port. To stay in business during the two months our local waters are closed, sportfishing groups in my district were relying on their two-day chartered tours to Big Sur. While fish can be caught legally in this area, interpretation of the ruling prohibits passengers on the trip from returning home to closed waters with their fish. The local sportfishing tour industry view this interpretation of the rule as exceedingly prohibitive, especially considering that these fishing expeditions bring in a very few number of fish (maximum ten per individual). My constituents have spoken to a number of officials at both the California Department of Fish and Game and the National Marine Fisheries Council; and it is their understanding that the federal government did not intend the new law to restrict this type of activity. Representatives from NOAA have told me that enforcement difficulties are the primary reason for the current interpretation of the ruling. They ask, for example how would authorities determine if the fish were legally caught or if they were caught in the closed area? One proposal from local fisherman to address this enforcement problem is to create a system for fishermen to call in their catch, stating their exact location, before entering the closure zone. RESOLUTION NO. 11-00 URGING SUPPORT FOR FUNDING OF DISASTER ASSISTANCE TO BUSINESSES AND COMMUNITIES AFFECTED BY THE CURRENT PACIFIC COAST GROUNDFISH DISASTER THE CITY COUNCIL Cite of Morro Bay, California WHEREAS. the National Marine Fisheries Service (NMFS) and the State Department of Fish and Game recently enacted new regulations pertaining to Pacific Coast Groundfish; and, WHEREAS, the new regulations effectively close the recreational and commercial -round fishery in January and February south of 36°N and in March and April between 40°N 10' latitude and 26°N latitude; and. WHEREAS, the City's local commercial and recreational ground fishing vessels are being devastated economically by these regulations; and.. WHEREAS, the Governor of California and the Secretary of the Department of Commerce have declared a west coast ground fishery emergency due to the new closures; and. WHEREAS, at this time no funding for disaster assistance exists but State and Federal Legislators are considering initiating such funding. ® NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby urge the State of California and the Federal Government to use all means to fund disaster assistance programs for those businesses and communities affected by the current west coast ground fish disaster. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14" day of February, 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None S"GET AUER, CITY CLERK u LJ CityA Morro Bay • HARBOR DEPARTMENT 1275 Emabarcadero Morro Bay, CA 93442 Ph. (805) 772-6254 Fax (805) 772-6258 October 26, 1999 Pacific Fisheries Management Council Larry Six, Director 2130 SW 5" Suite 2224 Portland OR 97201 By fax 503/326-6831 RE: PROPOSED NEW CALIFORNIA FISHING REGULATIONS We understand that on November 3, 1999 PFMC will be considering adoption of severe reductions and seasonal closure for both recreational and commercial fishermen in California. I just want to take a moment to beg you to consider the impact that these regulations may have on the local agencies that manage small craft harbors and the many small business owners that will be affected.' Closure to primary fisheries (both recreational and commercial) can easily result in business failure for the range of small coastal dependent operators including commercial fishermen, sport fishing party boats, marine chandleries, and even support businesses such as waterfront food service operations: Whenever possible seasonal closures should be limited in duration, and spread periodically (if required) to minimize the impact of prolonged seasonal closures. Our harbor is operated through an enterprise fund within the City of Morro Bay. Like most small craft ocean harbors, we maintain high cost coastal facilities through user fees and other property revenues. We use no tax revenues to support our harbor. When small businesses that generate these harbor fees are depressed or fail, then our ability to meet necessary expenses are greatly stressed. For too many years fishing quotas, closure and cutbacks have been implemented without consideration of the economic impact on coastal communities. I request that you carefully consider these new regulations which may cause additional coastal dependent businesses to fail and/or negative impacts to coastal communities until these impacts are considered as required by the sustainable fisheries act. Larry Sbr ® October 16, 1999 Page 1 If the scientific data suddenly shows irrefutably that there is an emergency requiring immediate closures, I ask you to consider implementing any closures one year at a time to assess the impact, and in the shortest increment possible to minimize the damage to local ports and our Harbor._ Rick Algert Harbor Director cc: Robert Hight, Director, Fish and Game Dept. Pacific Coast Federation of Fishermen Association 11 • GCr,��O�_ • OFFICE OF THE GO VERNOR October28, 1999 The Honorable William M. Daley . Secretary, U.S. Department of Commence 141i Street and Constitution Ave., NW Washington, D.C. 20230 Dear Secretary Daley: , I ern fom,ally requesting3hat you declare a federal disaster in the West Coast groundfisn fishery in order to provide financial relief to the fishing and fish processing families that will be decimated by the Impending fishery management measures to protect West Coast groundfish stocks. . Thousands of fishermen and a like number of fish plant workers In•Califomia vnll be affected by the impending regulations. Recreational fishermen and the businesses that cater to them are also expected to Buffer significant impacts. The economic consequences to coastal communities will be In the milNons of dollars annualty, and can be expected to continue for years to come as the grvundfish stocks begin to rebuild and the fishermen are precluded from harvesting ftrrL An economic enaysie of the actual Impacts of the proposed regulations will follow from the. Pacific Fishery Management Council (pFMC). Both the MagnusonStervens and Inteijurisdictional Fisheries ads provide for federal financial relief to the affected individuals and com muntties in the event of a fishery disaster (see sections 312 and 308 of the respective acts). The continuing adverse environment occupied by West Coast gramdfish (and some salmon) stocks since the late 1970'3 dearly qualifies in this regard, and firmndal assistance from the federal government to the affected fishermen; fish processing families, and associated Industries Is justified pursuant to federal law. Data are available from the NMFS to support the view that the environment not the fishermen, is the primary cause of our current situation. A decimation of fishery disaster Is the first step In the process of providing disaster re0ef to our affected communities. I appreciate your attention to this matter. N I can be of further easlstanee, please contact Mr. Robert Night, Director of the Califomis Department of Fish and Game at (916) 653-7667 or call Mr. Greg Garcia of my Washington D.C. office at (202) 624-5270. Sincerely, zr ChM► i GRAY DA STATr OF Cnc.ffoxrvr v . WASIUNGTON, D.C. OFTcE or THE CyOVEMNOa . 134 ECALL or rHE STATss 444 NORTH CwrrtOL SrR=T, N.W., W,vsaa,cron, D.C. 20001 • (202)624-5270 0 "4' MOLE No. 466 V1i1`J "UU 12:5Y IV; 01/19/00 14:23 • N0.614 P005/00G UNITED STATES DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Contact: - Brian Gorman, NW Fisheries NOAA 00-Rl03 206/526-6613 FOR IMMEDIATE RELEASE Mike Fergus, SW Fisheries January 18, 2000 562/980-4022 Cammorce Secretary Daisy Announces West Coast Groundtish Fishwy FiWure West Coast groundfish fishermen, who face a steep drop In their harvest this year, are a step dam to getting federal relief with Commerce Secretary William M. Delay's determination today of a commercial fishery failure for their industry. The official determination comes after a sharp decline In catches of groundfish — principally a wide variety of roddiishes -- from California to Washington. 'Our challenge now Is to minimize economic and nodal inpads on fishing cmwn unities while protecting and rebuilding groundfish stocks; Secretary Daley said. "This determination is the first stop in the process of secu tg funds from Congress to assat fishermen who have been hit hard in the past several years." West Coast fishermen have seen catches for the entire industry go from a 20- year average of about 74,000 tons to less than 38,t)00 tons last year. Landings this year are projected to be about 27,000 tons. Scientists with the National Marine Fisheries Service, the Commerce Department agency charged with managing marine fish stocks, state the disaster is the result of undetermined, but probably natural, causes. The agency's goal has been to manap the fishery conservatively In the face of sdentific uncertainty, which has resulted in reduced quotas and revenues. Factors that may have contributed to the dedines include chartgas in ocean conditions, low productivity, and five El Nino events since 1882. (more) El 1W No. W50 VS/1y 'w 1G tir lU 01/19/00 14:24 FWit s ® N0.614 P206/006 (2) The declines are particularly unfortunate, according to NOAA Fisheries researchers, because many of the species take a long time to mature and reproduce, making population recovery a very lengthy process. The dock -side value of the affected proundfish fell from around $72 million in 1994 to $52 million in 1998. It is estimated that as a result of this fishery disaster determination, West Coast fishermen have suffered an $11 million loss of revenue. 'A major underlying cause for the current situation is the lack of basic scientific data about these fish' said Penny Dalton, NOAA Fisheries director. off money is made available, we would like to work with fishermen to gather more data and improve our understanding of this valuable fishery.' There are presently rto funds appropriated to assist fisherman in adjusting to the effects of the groundfish stock declines. ff Congrm does appropriate funds, they will likely be used by federal agencies and the states to assess the economic and social effects of the commercial fishery failure, assist Individuals and oonuntolties, and support activities that would restore the fishery or prevent a aimilar failure in the future. Federal disaste assistance funds can fund up to 75% of a relief program, while the ® other 25% percent must come from a nonfederal source, typically the affected state. In other fishery disaster determinations, notably those for New England groundfish,and for Northwest: salmon fisheries, funds have been used for activities such as vessel and permit buyouts, job retraining, economic diversification, grants for cooperative research, and paying fishermen for habitat restoration work and data coilsotion. 'Weal Coast fishermen have expressed interest In developing a program to buy out vessels or penruts to reduce pressure on the fish stocks as they begin their recovery,' said Dalton. Under Section 312(a) of the Magnuson -Stevens Act, NOAA Fisheries can declare a commercial fisherles disaster if requested to do so by a governor, or at the Secretary's discretion. The Secretary must determine that a fishery rascurce disaster resulted from either natural causes, man-mads causes beyond the =ttrol of fiotery managers, or undetermined causes. Further, if a commercial fishery failure occurred, then it must have resulted from the fishery resource disaster. 11 RESOLUTION NO. 10-00 ® RESOLUTION APPROVING SUBMITTAL OF SUSTAINABLE BUILDING GRANT PROGRAM APPLICATION the City Council, City of Morro Bay, California WHEREAS, the community of Mono Bay is committed to reduction of its waste stream and to the use of recycled products; and WHEREAS, Public Resources Code Section 42000 authorizes the California Integrated Waste Management Board (hereinafter referred to as "Board") to conduct market development activities to strengthen demand by manufacturers and end -users for recycled materials collected by municipalities, non-profit organizations and private entities; and WHEREAS, the'concept of Sustainable Buildings, also referred to as Green Buildings, is an integrated approach which encompasses integrated waste management practices such as building material efficiency, construction and demolition waste reduction, and maximization of reused- and recycled -content building and landscaping materials; and WHEREAS, on September 8, 1999 the Board approved of the Sustainable Building Implementation Plan, the Evaluation Process, Scoring Criteria, and Preference Criteria for the Sustainable Building Grant Program; and WHEREAS, if approved the City of Morro Bay would enter into and agreement with the State of California for the development of the project. ® NOW THEREFORE BE IT RESOLVED, by the Morro Bay City Council that the submittal of an application to the Board for a Sustainable Building Grant is hereby authorized; and BE IT FURTHER RESOLVED, the City Manager, or his designee, is hereby authorized and empowered to execute all necessary applications, contracts, payment requests, agreements, amendments hereto for the purposes of securing grant funds and to implement and cant' out the purposes specified in the grant application on behalf of the City of Morro Bay. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 141" day of February, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: F(?D?f R ANDERSON, Mayor C SUSTAINABLE BUILDING GRANT APPLICATION December 1999 TABLE OF CONTENTS I] Section 1: Need ® The County of San Luis Obispo and the City of Morro Bay are striving to bring essential public services closer and more accessible to our constituents. The County is actively pursuing the significant expansion of its existing Health Department facility in Morro Bay and is proposing to incorporate provisions for the Social Services Department. The City is in the process of finalizing the combination of the Public Works and Planning and Building Departments into a single Public Services Department. With no existing buildings in the community capable of accommodating the combined Department as well as the contemplated integration of the City's other administrative functions, temporary office facilities were all that could be provided in a timely manner. The first facility was destroyed by fire and the current rented facility does not have space to house all the personnel performing duties of the combined department. With the constituents of these two agencies suffering reduced levels of service due to these spatial constraints, the agencies are looking to pursue a joint endeavor in a rapid schedule to achieve higher levels of public service in a sustainable manner. This effort necessitates the development of new strategies which contemplate diminished financial and spatial resources, changing demographics of our citizenry and the need to incorporate new ways to use materials and operate systems in sustainable methods. Diminished financial and spatial resources lead us to look to rehabilitate and intensify uses of existing public facilities. This is particularly evident in Morro Bay, where the availability of water resources is constrained and the remaining practical means through which to provide facilities for these higher levels of public service is to redevelop existing developed property. Changing demographics lead us to de -centralize regional services and improve public transportation accessing those services. The sustainable use of materials not only provides the obvious reduction in landfill space but also affords the opportunity for local governments to "practice ® what they preach" and showcase the convergence of cost effectiveness, natural resource conservation, energy savings, social ethics and reduced environmental impacts, leading it's citizenry in an integrated -systems approach methodology. Towards these goals the County and the City have joined to pool their diverse resources and expertise to examine design options for the joining of the County's Social Services and Health Departments and the City's Administrative functions into a single facility located in Morro Bay. The population served by the Social Services and Health Departments represent a broad range of economic, cultural and ethnic diversities for San Luis Obispo County. The City provides that full range of municipal services to its citizens. With the recent fire destruction of the City Public Services Department building (and the resulting lease of a privately -owned facility) and the adoption of the County Social Services Facilities Plan (specifying the need to provide satellite Social Services and Health Department functions in the coastal area), a unique opportunity for public agency partnering has arisen. The City's facilities for its Administrative functions (including City Manager, Finance, Planning, Public Works and Building) are functionally obsolete, cramped and inefficient uses of space. The facilities are neither energy efficient nor ADA-compliant. Available buildings in the community are similarly inadequate. The conventional methodology of demolish, dispose at the local landfill and reconstruct has worn thin with time and is no longer a viable alternative. Reduction in the amount of materials used, reuse of materials where reductions are not possible and recycling of materials where reuse cannot be feasibly achieved. With the joint use facility intended to house the City"s Building and Planning divisions, the facility would be a daily example to the construction and development community of the possibilities of pursuing sustainable buildings. ® Section 2 Obiectives To improve citizen access to essential public services - To provide a public education/outreach showcase of Green building systems as prototypes ® - for private and public development To reduce the amounts of material disposed at local landfills for the one time construction effort and reduce consumption of non-renewable energy resources for long term operations - To access the charette environmental design system to master plan and design, then to build and operate in accord with the most sustainable methodologies practicable To deserve and obtain the highest rating from the Leadership in Energy and Environmental Design (LEER) To conduct workshops in the new joint facility for contractors and developers to see the advantages of green building "pockets of knowledge" in a working facility Section 3 Methodoloov The above objectives will be accomplished by solidifying an agreement between the County of San Luis Obispo (County) and the City of Mono Bay (City); developing and implementing a site facility master plan; developing and implementing green building design and process plan; and by the developing and implementing a relocation of resources plan. Committees from both the City and the County will meet to draft and make final a joint agreement which will be the cornerstone for design of the Government Civic Center. The agreement documents will be completed with jurisdiction staff. The City will be the lead agency in the design phase of the Government Civic Center. The development of the site facility master plan will be completed by a contractor. The selection of will be determined by the request for proposal process and awarded by City Council. The master plan will incorporate approximately two city blocks located in the downtown area of Mono Bay. Included in the plan will be facilities to house City administrative services, County health services, County social services and county transportation services. ® The green building design and process plan will be developed by a consulting firm qualified in the successful completion of facilities planning and green building design. The relocation of resources plan will also be developed by the consulting firm. Several concerns will need to be address as the project matures through the design phase and into the construction phase. The concept of thinking in a sustainable way throughout the design phase and into construction and keeping all jurisdictions on the same page will be an ongoing concern. Staff will host public education/outreach round table discussions and disseminate pertinent information throughout the project's duration for continuing the "green way" of thinking. Meeting the human needs of staff and public while maintaining fair and efficient uses of resources is a concern which will be addressed in the green sustainable building plan. After the design plans are completed and adopted by the City and County, the construction funding phase will begin. The funding for this phase would focus upon securing grants monies. Ultimately, the collaboration of City and County departments presents a forum to reach the majority of the community with an extremely strong message: the need to provide sustainable buildings and operations supercedes even the most short-term economies. Government entities are continuing to strive for efficiency and methods to best serve the community and this application affords the opportunity for the City of Mono Bay and the County of San Luis Obispo to demonstrate to its constituents that they are committed to leading the way to the sustainable future. By having a working example of a green building, local awareness and beliefs can be broadened and our society can begin to change the way it interacts with the environment. In the event that construction grant funding cannot be secured, local agency Capital improvement programs and/or loans programs would be pursued diligently to success. ® Section 4 Evaluation The success of the project will be evaluated at three different levels. The first approach will be comparing the existing building components and systems with the proposed building ® components and systems. With the preliminary statistics, energy efficiency can be quantitative and tangible. Additionally, existing documentation such as facility inspection sheets to compare building systems efficiency and operation costs; and ADA transition plan will be used to illustrate improvements on access and program services. The second approach would utilize the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. All individuals involved in the project will be aware of the LEED system and our intent to strive for the highest possible rating - platinum. The implementation of the evaluation process will handled by jurisdiction staff with assistance from contractual services. The third, and somewhat subjective, evaluation, will be by the most important constitiuent of the program: the public. The results of public inputs will tell us whether we have successfully addressed the providing of essential public services in a manner which the target groups will accept and the development community will professionally critique to tell us whether our results can be replicated in other public and private development proposals. Section 5 Budget The total grant amount requested herein is $70,800. This amount includes the costs for consultant contractual planning services ($15,500), public education/outreach workshops ($5,000), relocation plan and green building design services ($30,000) and contractor/developer workshops ($5,000). All equipment, supplies and appurtenances would be provided by the consultant, with no additional compensation therefor, being requested. An 18% City overhead is included to accommodate related materials and labor costs. A breakdown of estimated costs is as follows: 1. Agreement between City and County by Jurisdiction Staff: included in Overhead. 2. Site Facility Master Plan by Consultant: 128 hours at $150 per hour including overhead and profit ($19,200). $1,300 for materials and supplies. Jurisdiction Staff provides ® 23 hours labor. 3. Relocation of Resources Plan by Consultant: 60 hours at $150 per hour, including overhead and profit ($9,000). Jurisdiction staff provides 18 hours labor. 4. Green Building and Systems Component Plan by Consultant: 190 hours at $150 per hour including overhead and profit ($28,500). $2,000 for materials and supplies. Jurisdiction staff provides 50 hours labor. 5. Application for LEED award: Included in overhead charges. Section 6 - See attached letter from San Luis Obispo County Administrator. Section 7 - See attached City of Morro Bay Resolution No. 08-94. Note that SLO County has similar adopted policy which was not received in time to include. Section 8 Grant Leverage Potential The City of Morro Bay plans to house its Planning Division and Building Division in the proposed green building. As such, the building would serve as the primary, and generally the only, point of contact between the city and the development and construction community. At any and all times wherein a property owner and/or property agent would seek to pursue inquiries into development rights, requirements and conditions, this contact would occur in the sustainable green public building. Should any developer have questions, answers could be provided within those public building walls. The City would be further able to demonstrate the construction cost savings of reuse/recycling of materials versus landfill disposal. ® The City would be in the position to provide evidence at to the capabilities of sustainable construction, show the public the pockets of knowledge and consider modifying building fee structures to encourage the widespread use of green building in the community. ® RESOLUTION NO.09-00 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and ® WHEREAS, the following is a statement of the proposed change: To provide Section 21024 (Military Service Credit as Public Service) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. AYES: NOES: ABSENT: ATTEST: Anderson, Crotzer, Elliott, Peirce, Peters None None ® ' Bridgett BaCer, City Clerk RESOLUTION NO.08-00 APPROVAL OF A SHORT-TERM ANNUAL RENT CREDIT TOWARD PROVIDING A PUBLIC ACCESS RESTROOM ON FOR LEASE SITE 93-95/93W-95W THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City of Mono Bay (City) is the lessor of certain property on the Morro Bay waterfront described as Lease Site 93-95/93 W-95 W; and, WHEREAS, the Held Family Trust (Tenant) is the lessee of Lease Site 93-95/93 W-95 W; and WHEREAS, the Tenant has requested a rental credit towards the cost of providing general access public restrooms; and, WHEREAS, the City finds it is a public benefit to provide such access: and WHEREAS, the City and the Tenant have agreed that a short-term annual rental credit for providing general public access restrooms will be provided according to the following stipulations: 1. Public Restroom: The restroom will be open to the public from 10:00 a.m. through one hour after dusk daily at a minimum. A sign, comparable to the restroom sign at the Flying Dutchman ® development, will be installed at a site acceptable to the City. The Tenant will maintain the restroom in good order and repair at the Tenant's sole cost. 2. Rent Credit: The Tenant will receive a $1,000 credit on April 1, 2000 for the period April 1. 2000 through June 30, 2000. Commencing on July 1, 2000, the Tenant will receive an annual credit of $4,000 through June 30, 2003. Said annual credit will be taken on the July I semi-annual rent payment when invoiced on each succeeding year this agreement is in force. 3. Lateral Access: The Tenant will remove the glass partition blocking access from the Harbor Center (Lease Site 93-95/93W-95W) to the Whales Tail (Lease Site 96/96W). Tenant may install a lockable gate for night time security provided such gate shall never be locked from the hours of 10:00 a.m. through one hour after dusk daily and may only be locked during the remaining hours of the day with the prior written permission of the City Harbor Director. 4. Maintenance/Utility Cost Report: The Tenant will provide the City with a maintenance/utility cost report at the end of each calendar year detailing the cost of maintenance and utilities for the public restroom. This report will be reviewed by the Tenant and the City to determine if an amendment to the lease agreement relating to these issues is warranted. 5. Termination: This agreement shall terminate without notice on June 30. 2003 and the City Council shall have the right to terminate this agreement at any time for any reason by majority vote of the City Council. Should the City Council terminate this agreement, any City rent credit Tenant has received in advance shall be paid to the City on a pro-rata basis. �J E 11 Resolution No.-00 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a short-term public restroom rental credit for Lease Site 93/95-93 W-95W is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 241h day of January, 2000, by the following vote: AYES: Anderson, Crotzer NOES: None Elliott, Peirce, Peters ABSENT: None Z4,1 zlzw4v'4��� G R AfllffEksbN, MAYOR t 9 1 `, 0 RESOLUTION NO. 07-00 RESOLUTION ACCEPTING PROJECT NO. PW99-06 CITY DOCK RECONSTRUCTION AS COMPLETED BY SOUZA CONSTRUCTION, INC. AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION THE CITY COUNCIL City of Morro Bay, California WHEREAS. On May 10, 1999 the City Council awarded the contract for Project No. PW99-06, City Dock Reconstruction, to Souza Construction. Inc. via the adoption of Resolution No. 35-99; and, WHEREAS, on January 10, 2000 the Harbor Director executed a Certificate of Completion certifying the Project had been completed in substantial conformance to the Project specifications; and, WHEREAS, it is therefore appropriate to accept the Project as completed on behalf of the public and authorize the filing of a Notice of Completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Project No. 99-06 is hereby accepted as completed on behalf of the public. BE IT FURTHER RESOLVED, the Notice of Completion for the Project with the San Luis Obispo County Recorder is hereby authorized. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24' day of January 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None L mffl'o. /" r01, BRIDGETT AUER. CITY CLERK 2 CITY OF MORRO BAY CERTIFICATE OF COMPLETION The undersigned hereby certifies that the construction of PROJECT NO. PW 99-06: CITY DOCK RECONSTRUCTION by Souza Construction, Inc., PO Box 3903, San Luis Obispo CA 93403-3903 has been inspected and found to substantially comply with the approved plans and ® specifications and has been accepted as having been completed in accordance therewith. It is, therefore, requested that the City Clerk file a Notice of Completion. By: Rick Algert, Harbor Director Date: /'- / Q - 6 d El E NOTICE OF COMPLETION CITY OF MORRO BAY TO WHOM IT MAY CONCERN: . NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, County of San Luis Obispo, California, that the construction of the ® PROJECT NO. PW 99-06: CITY DOCK RECONSTRUCTION in the City of Morro Bay, has been completed by SOUZA CONSTRUCTION, INC., PO BOX 3903, SAN LUIS OBISPO CA 93403-3903 and was accepted on January 24, 2000. BRIDGETT B ER, City Clerk City of Morro y, California The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, County of San Luis Obispo, California; that she has read this Notice and knows the contents of it and that the same is true of her own knowledge. I declare this to be true under a penalty of perjury. ���ii ��ry�, Executed at Morro Bay, California, this CA I— day of January 2000. ® BRIDGETT BA 'R, City Clerk City of Morro Bay, California ® CITY COUNCIL RESOLUTION NO. 06-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999-2000 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment, and ® WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 28, 1999 by adoption of Resolution No. 56-99; and WHEREAS, the City Council amended the adopted Operating and Capital Improvement Budgets on September 27, 1999 by adoption of Resolution No. 75-99; and WHEREAS, the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of February, 2000, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None -it 4O ERA ERSON Ma or BRIDTT BAUER ® City Cler Attachment To: City of Morro Bay - Finance Department Fiscal Year 1999-2000 Mid -Year Budget IsRecommended Budget Amendments Personnel Division Recruitment Expense Personnel Division Volunteer Liab. Ins. Finance Department Reserve for Contingency Finance Department Fixed Asset Inventory Finance Department PARS Admin Costs Information Services Virus Protection Police Department Vacation Payoffs Police Department Overtime Police Department Match for Safety Equip Police Department Copier Maintenance Police Department Shipping Container Police Department Motor Officer Salary Police Department Motor Officer Benefits Police Department Motor Officer Equip Police Department Motor Officer Conference Fire Department Command Vehicle Fire Department Overtime Fire Department Extrication Equipment Public Services Department Computer Recreation Department Youth Svc Wages Parks Department Keiser Park Sheet Piling ® Resulting from Labor Agreements: WWiP & Collections Salaries WWiP & Collections Fringe Benefits VWJTP Reclamation Study for Permit Harbor Department Launch Ramp Repaving Total Expenditure Appropriations ESTIMATED REVENUES Finance Department Property Taxes Finance Department TOT Revenues Finance Department Transfer Taxes City Attorney Legal Fees Recovery Police Department Booking Fees Reimb Police Department DUI Cost Recovery Police Department Sale of Discarded Assets Police Departrnent Abandoned Vehicles Police Department Grant Income Adjust Police Department Motor Officer Grant Fire Department Safe of Discarded Assets Fire Department OTS Extrication Grant Recreation & Parks Service Fees itTotal Estimated Revenues City Council Reso: #0"0 January 24, 2000 Wastewater Wastewater Collection Treatment Harbor Capital General Fund Revenue Fund Plant Fund Accumulation Fund 6,000 500 90,000 17,5001 2,600 2,022 13,033 3,000 3,7501 864 2,950 11.200 3,3001 29,500 1,500 36,5321 15,0001 34,3001 1,200 10,000 50,600 2,388 12,018 269 1,358 95.830 35,000 I $335,3511 $2,657 $109,206 $35,000 180,0801 55,000 5,W0 25,000 24.152 Ji (4,400 2.500 (12,000 (10,582) 45,500 26,000 34,300 5,0001 I $375.5501 $0 $0 $0 midyear19992000.123 09:58,55 AM02102r2000 0 RESOLUTION NO. 05-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1999 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2000 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Public Services Director after review by the City of Morro Bay Planning Commission and Public Works Advisory Board; and WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and ® WHEREAS, on the 20th day of December, 1999 the Planning Commission held a duly noticed public meeting, and following its review of the report the Planning Commission made its recommendations to the City Council regarding the allocation program for the year 2000; and WHEREAS, on the 24th day of January, 2000, the City Council did hold a duly noticed Public Hearing on the 1999 Annual Water Progress Report and the proposed 2000 Water Allocation Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: A. The City Council of the City of Morro Bay hereby receives and accepts the 1999 Annual Progress Water Report as submitted by Public Services Director, as incorporated herein as if attached hereto; and B. A Water Allocation Program for the year 2000 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: The mix of 77 residential units allowed by Measure F to be allocated at 55 single- family and 22 multi -family units, with the provision that unused multi -family (December 2000) for a total of residential allocations not to exceed 77; and authorize the corresponding water equivalency allocation for residential uses at 69.52 weu's. City Council Resolution No. 05-60 1999 Annual Water Progress Report & Residential Allocation for 2000 Page 2 2. Process Residential Allocations withinMeasureF limits on a first -come/ fast -serve basis, based on the priorities contained in the current General Plan and Local Coastal Plan policies; 3. Authorize allocation of 130% of the residential water equivalency units to commercial and industrial projects, 90.38 weu's, within the priority categories consistent with the current Local Coastal Plan and General Plan policies; 4. Direct that the provision for review of an annual water report and adoption of an annual water allocation program for the upcoming year, contained in Morro Bay Municipal Code Chapter 13.20 be continued. Use this procedure to allocate all available water resources within the City, including State Water supplements, within the limitations of both Measure F and Measure I. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 24th day of January, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters ® NOES: None ABSENT: None A* ZA k�db�-p'E'R ANDERSON, Mayor ATTEST: BRIDGETT B R, City Clerk S:\planning\winu,ord4es�rd\ccros05-00.doc 14 TABLE I DISTRIBUTION OF WATER EQUIVALENCY UNITS r r L 1999 Allocation Year 1/1-12/31/99 Total WEU Available 160 Total WEU Allocated 54.38*, ** *est. to 12/31, " 0.77 from Bank Residential Units Available Equivalencies Allocated 69.52 water equivalency units 55 sfr + 20 rollover = 75 units 53 27 mfr - 20 rollover = 2 units 1.32 Commercial weu (rounded) Allocated "A" 65 „A" 0 "B" 12 "B" 0 Industrial 13 Indust. 0.06 1998 Allocation Year 1/1-12/31/98 Total NNTU Available 156 Total WEU Allocated 64.48* '6.48 from Bank Residential Units Available Equivalencies Allocated 68 water equivalency units 50 sfr + 12 rollover = 62 units 55 27 mfr - 12 rollover = 15 units 6.48' *from Bank 4 sfr units allocated in previous yrs 1.62 to 2nd units outside Ms F 2 mf units allocated in 1997 1 mf unit achieved water through on -site RFT Commercial weu Allocated "A" 63 "A" 1.38 „B„ 12 "B„ 0 Industrial 13 Indust. 0 ml:sdrive\ftles\excelVcsident\ 12/16/99 gjalloctbl zl Page I TABLE DISTRIBUTION OF WATER EQUIVALENCY UNITS 1997 Allocation Year 7/I-12/31/97 Total WEU Available 153.13 (Yr changed to Total WEU Allocated 7.95 Calendar Year) Residential weu Equivalencies Available Allocated 66.12 weu Residential 7.90 weu 45 single family units 32 multi -family units 7.00 to Sr units .36 to MF .54 to 2nd units outside Ms F Commercial weu Allocated "A" 62.37 "A" .05* *from Bank "B" 11.71 "B" 0 Industrial 12.93 Indust. 0 1996/97 Allocation Year 7/1/96-6/30/97 Total WEU Available 153.13 Total WEU Allocated woo Residential weu Equivalencies Available Allocated. 66.12 weu Residential 23 weu 45 single family units 23 to SF units 32 multi -family units 0 to MF units Commercial weu Allocated "A" 62.37 "A" 62.37* *from Bank "B" 11.71 "B" 2.63* *2.43 from Bank Industrial 12.93 Indust. 0 ml:sdrive\tiles\excel\residcm\ 12/16/99 q9 alloctbl'xd Page 2 E u 11 O TABLE DISTRIBUTION OF WATER EQUIVALENCY UNITS C I� L 1995/96 Allocation Year 7/1/95-6/30/96 Total NEU Available 146.65 Total NVEU Allocated 52.83 Residential weu Equivalencies Available Allocated 63.74 weu Residential 29.44 weu 38 single family units 29.44 to.SF units 39 multi -family units 0 to MF units Commercial weu Allocated "A" 60.11 "A" 19.15 "B" 11.29 "B" 4.06 Industrial 12.46 Indust. 0.18 1994/95 Allocation Year 7/1/94-6/30/95 Total NYEU Available 147:6 Total NYEU Allocated 29.36 Residential weu Equivalencies Available Allocated 63.74 weu Residential 29.36 weu 38 single family units 32 multi -family units 29 to SF units .36 to MF units Commercial weu Allocated "A" 60.11 "A" 0 "B" 11.29 "B" 0 Industrial 12.46 Indust. 0 1 ml:sdrive\f les\exce1Vesident\ 12/16/99 ggalloctbl kl Page 3 TABLE I DISTRIBUTION OF WATER EQUIVALENCY UNITS 1993/94 Allocation Year 7/1/93-6/30/94 Total WEU Available 149.55 Total \N'EU Allocated 54.67 Residential weu Equivalencies. Available Allocated 64.58 weu Residential 44.56 wcu 50 single family units 27 multi -family units 43 to SF units 1.56 to MF units Commercial wen Allocated "A" 60.90 "A" 9.54 "B" 11.44 "B" .57 Industrial 12.63 Indust. 0 1992/93 Allocation Year 7/l/92-6/30/93 Total WEU Available 149.55 Total WEU Allocated 64.75 Residential weu Equivalencies Available Allocated 64.58 weu Residential 56.25 weu 50 single family units 27 multi -family units 46 to SF units 10.25 to MF units Commercial weu Allocated "A„ 60.90 "A" 0 "B" 11.44 "B" 8.07 Industrial 12.63 Indust. 0.43 Ll mLsdrive\files\cxcel\resident\ 12/16/99 ,lfalloctbAl Page 4 TABLE 2 ® PROJECTED GROWTH RATES VERSUS ACTUAL POPULATION INCREASES Population Per Measure "F"/ Year LCP ' Housing Units Per Actual Z Measure'` F" Population Projections Actual No. of Housine Units 1980 9425 9064 5180 1981 9705 9206 5298 1982 9998 9297 5302 1983 10298 9435 5326 1984 10400 9599 5363 1985 10505 9747 5440 5403 1986 10610 9881 5517 5473 1987 10716 9819 5594 5548 1988 10823 9975 5671 5638 1989 10931 10133 5748 5647 1990 11040 9664 5825 5694 1991 11150 9806 5902 5760 1992 11262 9736 5979 5760 1993 11489 9979 6056 5845 1994 11489 10071 6133 5877 1995 ® 11604 9518 6210 5888 5922 1996 11720 9687 6287 1997 11837 9696 6364 5960 1998 11955 9845 6441 6005 1999 12123 9871 6048 2000 12196 6518 This column represents population based on a Measure F projected growth of 77 units per year. These figures indicate that the City's growth rate is behind the Measure F schedule. Actual population figures are taken from the California Department of Finance "Housing Estimates" report. The 1990 decennial census is the bench mark for the estimates. The figures represent totals as of January 1st of each year indicated. The population figure includes an estimated 2 1 % vacancy rate. A lower vacancy rate would result in a higher population. The total number of Housing units includes the addition of all new residential units to the City's Housing Stock, as well as the deduction of all units lost through demolition, removal, or change of use from residential to non-residential. m1: 12/9/9S\S:\MSOF FICE\WIN WORD\PLAN& n LD\STA FFR EP\99H 2OPC2.S R TABLE 3 WATER PRODUCTION DATA 1980 - 1999 (in Acre Feet) CHORRO BASIN MORRO BAS STATE WATER TOTAL YTAB 1980 1079 672 1651 1981 1143 584 --- 1727 1982 [1] 1061 526 --- 1587 1983 995 537 --- 1532 1984 1097 572 --- 1669 1985 1108 582 --- 1690 1986 1059 552 --- 1611 1987 1124 531 --- 1655 1988 1120 528 --- 1648 1989 1047 512 1559 1990 [2] 963 564 --- 1527 1991 [3] 808 449 --- 1256 1992 [4] 1049 270 1319 1993 .994 397 --- 1391 1994 954 460 --- 1414 1995 [5] 986 420 --- 1418 1996 1261 [6] 240 1501 1997 985 249 301 1535 1998 38 --- 1288 1326 1999 34 1350 1384 ill The Ale,eatiOn ,rc,run— lnsJwtad neat the eM 9f 1992 NOTE: December 1999 usage & production estimated tit 1296 AF p blc • 3e1 AF created by rc.cnc osmosis for all tables. 191 1164 AF p ble r 92 AF croled by revenc os (A11309 AFp ble- I I AF vumd by fcvosc n (5) 1406 AF "Ablc 1 13 AF dcul poduu wale 161 1755 AF - 6 AF f . Well 12 fa e9,O-ell n wale' TABLE 4 E YEAR 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1086. 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 TOTAL HISTORIC WATER PRODUCTION & RAINFALL FOR THE CITY OF MORRO BAY RAINFALL 10.48 8.6 17.22 18.52 11.26 16.08 11.24 20.09 9.64 28.74 9.84 14.2 7.41 27.51 22.35 14.43 11.38 8.35 29.68 17.06 20.99 13.11 20.01 35.01 10.08 10.02 17.17 12.29 15.01 10.88 8.78 16.01 19.63 24.21 11.05 40.01 15.47 18.56 18.01 13.11 CITY POPULATION 5599 a 6,400 6,500 6.600 61750 6,900 7.109 7,450 7,517 7,725 7,942 8.165 8,394 8,525 8,625 9,150 9,064 9.206 9,297 9,435 9,599 9.747 9,881 9,819 9,975 10,133 9,664 9,806 9,736 9,979 10,071 9.518 9.687 9,696 9,845 9.871 PRODUCTION PRODUCTION IN IN MILLIONS ACRE FEET OF GALLONS 894 291 842 274 999 326 840 274 881 287 1000 326 1188 387 1194 389 1298 423 1255 409 1534 500 1533 500 1547 [1) 504 1424 464 1482 483 1510 492 1574 513 1249 407 1430 466 1614 526 1651 538 1727 563 1586 517 1534 500 1669 544 1691 551 1614 526 1655 539 1648 537 1559 508 1527 [2) 498 1256 [3) 410 1319141 430 1391 452 1414 462 1418(5) 462 1501 [6) 462 1535 489 1326 432 1384 451 [1) Includes 58 AF purchased from Whale Rock Reservoir (21 1286 AF potable - 241 AF reverse osmosis treatment (3) 1164 AF potable . 92 AF reverse osmosis treatment 1411308 AF potable t 11 AF reverse osmosis treatment [51 1406 AF potable + 12 AF reverse osmosis treatment (6) 1495 AF - 6 AF from Well 12 for construction water all years, except U.S. census years, are estimates (aver gel determined from metered water sold, not water produced AVERAGE DAILY AVERAGE USE PRODUCTION IN GALLONS IN MILLIONS PER CAPITA OF GALLONS PER DAY 0.8 142 0.75 0.89 0.75 0.79 0.89 140 1.06 163 1.07 161 1.16 172 1.12 162 1.37 193 1.37 184 1.38 184 1.27 165 1.38 167 1.35 165 1.41 167 1.12 131 1.28 148 1.44 157 1.47 162 1.54 168 1.42 152 1.37 145 1.49 155 1.51 155 [129)b 1.44 146[1201 1.48 150 [127) 1.47 147 [1241 1.39 13711181 1.36 141 [1151 1.12 114 [92) 1.18 121 [98) 124 124 (98) 1.26 126 [106) 1.27 13311101 1.34 138[110) 1.37 141 [115) 1.18 120[1021 1.24 126[108) TABLE 5 COMPUTATIONS: UNACCOUNTED FOR WATER LOSS TABLE - 1999 WATER PRODUCED (AF) From Department of Public Services Records WATER SOLD (AF) From C.M.B. Finance Department CITY WATER USE (Unmetered & Estimated) Fire Hydrant Flushing .08 AF Fire Fighting (26 @ 5,000 gal avg per fire) ........................................ .37 AF 18 AF Fire Training (full time & reserves) 60,000 al Harbor (7800 gal), WWTP (750 gal), Waterline testing (31,000 gal) Well Disinfection (40,000 gal), Samples (500 gal), Fire HydrantlLine Breaks (205,000 gal), mist (500 gal) = 285,550 gal ................................................ .97 AF Sweeper................................................................:.............................. .48 AF Hydrocleaner............................ :.......................................................... .39 AF Water Leaks 127,100 al ..................... .39 AF Meter Error estimated I % av 13.8 AF 1384.0 AF 1199.2 184.8 AF 16.66 AF TOTAL UNACCOUNTED FOR WATER LOSS 168.14 AF PER CENT OF PRODUCTION 12.1 % e i m m v p N m N h o ® N f Q tD CJ P O C1I N fI N N t) N Q N n Q N p N G P N N � W r a N � Q OI t0 � O ® Q � r w Z OpYA{ U a Z � pCyy P � Q of O O m 01N Q P �O O �'1 N of N P m N 1� QI N 10 N 10 OJ O f N 'lO N N b N �O O OI b N m � O d LL O LL ® LL LL V Q 9 Q Q Q u J E m c� o cd LL V c E O C' 4 < @ 3 a U 4J d e n d c L'Nw �3 a s 3a 3v� o u�b A Av N d C RESOLUTION NO. 04-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SETTING A POLICY ON THE DEDICATION OF TREES, BENCHES AND PLAQUES IN PUBLIC PARKS AND PUBLIC PARKWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 1990, the City Council of the City of Morro Bay adopted Resolution No. 40-90 which established a commemorative tree program in parks, public places and rights -of -ways: and. WHEREAS, Resolution No. 40-90 setting standards for commemorative plaque size and set-up, tree species and minimum tree size: and. WHEREAS. a number of individuals are interested in placing a tree or bench or other amenity with a dedication plaque in the parks or public parkways each year: and. WHEREAS. these items are installed solely at the request of an individual to honor ® a person, event or group: and. WHEREAS, there has not been a set policy on the dedication of these items: and. WHEREAS, the Department has costs in acquisition and installation of these trees. benches. other amenities and dedication plaques: and WHEREAS, the Recreation and Parks Commission adopted Resolution No. 06-99 on December 9. 1999. which set a policy on the dedication of trees, benches, other amenities and plaques, establishing a cost schedule for such dedications; and. WHEREAS, the Recreation and Parks Commission will review this policy on an annual basis and forward any recommendations on changes to the City Council for approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution supports the attached schedule (Schedule A) of costs for the installation of trees, benches, other amenities and dedication plaques in the parks and public parkways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held this 24' day of January. 2000 by the following roll call vote: U Resolution No. 04-00 Page Two ® AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None IY06Gud ANDERSON, MAYOR ATTEST: BRIDGETThAUER, CITY CLERK u m.council.reso04-00 LI ® Schedule A ■ 15 eallon tree + bronze plaque ■ Park bench + bronze plaque ■ Park bench(Tidelands and Cloisters Park) + bronze plaque ■ Other park amenity E E 5250 5450 5900 To be determined on an individual basis. u' E Ll RESOLUTION NO. 03-00 ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W FROM JOHN KING TO DOUGLASS REDICAN, dba ROSE'S LANDING, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Citv of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 82-85/82W-85W: and, WHEREAS, John King and Douglass Redican are the lessees of said property; and, WHEREAS, Mr. Stanford assigned his rights to the lease agreement to John King in January, 1991; and WHEREAS, the lessees of said property have requested that the lease agreement for Lease Site 82-85/82W-85W be assigned to Douglass Redican; and, WHEREAS, Douglass Redican, as an existing tenant, has fulfilled requirements for assignment of the lease agreement: and. WHEREAS, the City cannot arbitrarily withhold approval of lease assignments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bav that the City Council consents to the assignment of the lease agreement for Lease Site 92-85/82W-85W from John King to Douglass Redican. BE IT FURTHER RESOLVED that the assignment of Lease Site 82-85/82W-85W is contingent upon City Attorney review and approval orfinal assignment and assumption documents. The Mayor is hereby authorized to execute said assignment and assumption documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10`h day of January 2000, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None M�IG`KANDER ON. MAYOR BRIDGE AUER. CITY CLERK /!/�r � �� � ' v '•` �, � `may � ,;'�:s's - z .ta�'r r .. HARBOR DEPARTMENT 1275 EMBARCADERO,-MORRO BAY, CALIFORNIA 93442" • _805-772.-6254. APPLICATION APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be completed and returned to the Harbor Office for processing. LEASE SITE #: 6 Z e° z W 66�-(sd APPLICATION FEE: •7Co C K #� 315 RoS�s LA/v0lA.)L Tl`4C_ Lessee (please print) TLI FmJ,At�� Mailing Address ® NOKRO P,Awl C-4 City, State Zip �CSe s L b1 (65_,_)Ut?Ar Business Name (f us) -7 -7 z -may Telephone REQUEST: Briefly describe the specific nature of the approval requested. ,4PRIeJV,4(_ OF /}SSi(,NMfc,T 0FLEA/ i If0tlO t0TrrA-ffCAi Ol- Z tEN 13 kln.(o A. o P+ut 54 N F�)K_n -M 0006 A -Or eylt, 12 _ 9- Applicantpignature Date ® SEE REVERSE r .. The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. California Coastal Restaurants 710 Oolliver Street * Pismo Beach * California * 93449 Phone: (805) 773-7632 ** Fax: (805) 773-7634 Date: December 9, 1999 To: Rick Algert Harbor Department 1275 Embarcadero Morro Bay, CA 93442 From: Doug Redican Rose's Landing Restaurant 725 Embarcadero Morro Bay, CA 93442 Re: Statement of Qualifications and Experience Dear Mr. Algert, I have owned and operated Rose's Landing Restaurant since 1987. I have also owned and 40 operated This Ole House Restaurant (recently sold), Sea Venture Restaurant (recently sold). I presently own and operate Spyglass Restaurant in Shell Beach, California. I have recently retained the services of Steven Puglisi, architect. We have begun steps to improve the Rose's Landing property as you and I have discussed. Sincerely, Do g edican E 11 Recording Requested By And When Recorded Mail to: ASSIGNMENT AND ASSUMPTION OF INTEREST IN LEASE THIS ASSIGNMENT AND ASSUMPTION OF INTEREST IN LEASE ("Assignment") is made as of Deczmhay a , 19141, by and between JOHN E. KING ("Assignor's and DOUGLASS L. REDICAN ("Assignee's. CONSENT OF LESSOR The undersigned is the Lessor in the Lease described in the foregoing ® Assignment and hereby consents to the Assignment of the Lease to DOUGLASS L. REDICAN. Lessor acknowledges, by execution of the Consent herein, that he is expressly releasing Assignor from any suit or liability or obligation under the terms of the Lease. RECITALS: WHEREAS, by a Lease of County Real Property made and entered into as of March 20, 1961 ("Lease"), the County of San Luis Obispo, as lessor, leased to William C. Chuba, Jr. and William C. Chuba, Sr., as lessee ("Chubas'�, certain real property in San Luis Obispo County, California, the legal description of which is attached hereto as Exhibit A; and is 1 WHEREAS, as set forth in a document entitled Memorandum of Lease recorded on July 1, 1988, as Document No. 37529 at Volume 3166, Page 691, in the Official Records of San Luis Obispo County ("Memorandum of Lease"), the City of Morro Bay, a public corporation (Lessors is the successor in interest to the County of San Luis Obispo, and Cabrillo Enterprises, a California general partnership ("Cabrillo") was the successor in interest to Chubas. A true and correct copy of the Lease is attached to the Memorandum of Lease as Exhibit A, and by this reference is hereby incorporated herein as if fully set forth; and WHEREAS, certain provisions of the Lease establishing a procedure for determining the amount of periodic rent adjustments were changed by a Stipulation for Entry of Judgment ( Stipulation � filed January 28, 1988, in Cabrillo Enterprises et al. v. City of Morro Bay, San Luis Obispo County Superior Court Case No. 57208, and by a Judgment ("Judgment") filed in the same case on February 1, 1988, certified copies of which are attached to the Memorandum of Lease as, respectively, Exhibits D and E, and which by this reference are hereby incorporated herein as if fully set forth. Both the Stipulation and the Judgment are in effect amendments to the Lease, and the term "Lease" as used herein shall be deemed to include the Stipulation and the Judgment, unless the context requires otherwise; and WHEREAS, by Assignment and Assumption of Lease and Consent, recorded July 1, 1988 as Document No. 37530, at Volume 3166, Page 729 in the Official Records of San Luis Obispo County, Cabrillo assigned all of its right, title and interest in the Lease to Rose's Landing, Inc., a California corporation ("Rose's"), with the consent of Lessor; and WHEREAS, by Assignment and Assumption'of Lease and Consent dated November 2, 1989, Rose's assigned all of its right, title and interest in the Lease to John E. King, Douglass L. Redican and Paul Sanford; and WHEREAS, by Assignment and Assumption of Lease and Consent dated January 1, 1991, Paul Sanford assigned all of his right, title and interest in the Lease to Douglass L. Redican (the Assignee hereunder); and WHEREAS, Assignor and Assignee now desire Assignor to grant, convey, transfer, alienate and assign any and all of Assignor's right, title and interest as a lessee under the Lease to Assignee. 2 ® AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants and upon the conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment. Assignor hereby assigns, sells, transfers, grants, delivers and conveys to Assignee all of Assignor's right, title and interest in, to and under the Lease. The interests of Assignor in the Lease so assigned, sold, transferred, granted, delivered and conveyed under this paragraph shall include all his rights, privileges and benefits as a lessee under the Lease. It is the intent of the parties hereto that the assignment contained herein shall include, without limitation, any and all interest of Assignor in the leasehold improvements constructed within the premises described in the Lease. Assignee shall be obligated and bound to pay and perform each and every obligation, covenant and agreement of Assignor under the Lease. 2. Acceptance. Assignee hereby accepts said assignment, sale, transfer, grant, -delivery and conveyance. Assignee assumes and agrees to ® keep, perform and be bound by all of the terms, covenants, conditions and obligations which are required to be performed by the Assignor under the Lease, a true and correct copy of which is attached as Exhibit A to the Memorandum of Lease, and which is hereby incorporated herein as if fully set forth. 3. Indemnification. Assignee hereby agrees to indemnify, defend and hold harmless Assignor from and against any and all claims, damages, costs, losses, liabilities, actions and causes of action ( including reasonable attorneys' fees and costs) arising out of or resulting from any breaches or defaults of Assignee as a lessee under the Lease or from any acts or omissions of Assignee as a lessee under the Lease occurring on or after the date hereof. 4. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee that Assignor has not assigned, sold, transferred, granted, delivered, conveyed, hypothecated, alienated or encumbered his interest under the Lease. 5. Further Assurances. Assignor and Assignee each agree that he will at any time and from time to time after the date hereof, on the written request of the other party, execute, acknowledge and deliver, or cause to be delivered, ® all such further documents, acts and assurances as may be reasonably requested -by such requesting party to implement and give affect to this c� Assignment. 6. Successors and Assigns.. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their successors in interest and assigns. 7. Governing Law. This Assignment shall be governed by, and construed and enforced in accordance with, the laws of the State of California, with venue in San Luis Obispo County, California: 8. Attorneys' Fees. Should any dispute occur between Assignor and Assignee with respect to this Assignment or any document executed in connection herewith, which results in litigation, the losing party or parties shall pay the prevailing party or parties their reasonable attorneys' fees and costs at trial and upon any appeal. 9. Severability. In the event one or more of the provision in this Assignment shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of the Assignment which other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date first above written. Douoss L. -Redican 0 n u STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On December 8, 1999 before me, Renee M. Hebert Notary Public, personally appeared, John E. King personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State L] (SEAL) ! - i,9. H-bent Gomm. C1129135 ' Y NOTARY PUBLIC CALIFO STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN LUIS OBISPO ) On December 8, 1999 before me, Renee M. Hebert, Notary Publicpersonally appeared, Douglass L. Redican personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITN/ESAS my hand and official seal. Renee M. Hebert Comm. SPOC 35 UN NOTARY PUBLIC CALL SAN LUIS OBISPO COUNTY (SEAL) Comm. Exp. March 8. 2001 Notary Public in and for said County and State 11 /17/99 WED 17:52 FAX 805 541 1769 CUESTA SLO ii�003 t/ Recording Requested By And When Recorded Hail to: DOC. NO. OFFICIAL fiE ?_t SAN LUIS 081Sp0 CO„ CA APR 2 4 1991 FRANCIS M. COONEY Douglass L. Redican amed-RecoMar c/o Jalynne Giles, Esq. $ : 0 0 PM Sinsheimer, Schiebelhut L Baggett Poet Office Box 31 San Luls Obispo, California 91406-0031 ASSIGNMENT AND ASSUMPTION OF INTEREST IN LEASE THIS ASSIGNMENT AND ASSITIM ZON OF Z TEREST IN SSE ("Assignment") is made as. of dh / /9 cl� , 1991, by and between Paul Sanford (-Assignor-) and Dcuglasa L. Redican (•Assignee"). RF,CTTATA: F'NEREAS, by a lease of County Real Property made and entered into am of March 20, 1961 ("Lease'), the County of San Luie.Obiepo, as lessor, leased to William C. Chuba, Jr. and William c1. Chubs, Sr., as lessee (Rchubas"), certain real property in San Luis Obispo County, California, the legal description of which is attached hereto as Exhibit A:�and WHEREAS, as set forth in a document entitled Memorandum of Lease recorded on July 1, 1988, as Document No. 37529 at VOlume 3166, Page 691, in the Official Records of San Luis Obicpo County (-Memorandum of Lease"), the City of Morro Bay, a public corporation ("Laanor") is the successor in interest to the County of San Luis Obispo, and Cabrillo Enterprises, a California general partnership ("Cabrillo") was the successor in interest to Chubas. A true and Correct copy of the Lease is attached to the Memorandum of Lease as Exhibit A, and by this reference is hereby incorporated herein as if fully set forth: and WHEREAS, certain provisions of the Lease establishing a procedure for determining the amount of par) -odic rant adjustments were changed by a Stipulation for Entry of Judgment ("Stipulation") filed January 28, 1988, in Cabrillo Enter rise- al, v. i v of Morro Ray, San Luis Obispo County Superior Court Case No. 57208. and by a Judgment ("Judgment") filed in the same case on February 11 1988, certified 'copies of which are attached to the Memorandum of Lease as, racpectlwely, Exhibits D and E, and which by this reference are hereby incorporated herein as if fully act forth. Both the Stipulation and the Judgment are in effect amondments to the Loaae, and the term "Loaaa" as used herein.shall be deemed to 1 VOL 3677-.-.A 9 805 541 1769 CUESTA SLO 10004 , include the stipulation and the Judgment, unless th4 context requires otherwise; and WHER NS, by Assignment and Assumption of Lease and Consent, recorded July 1, 1968 as Document No. 17500, at Volume 1166, Page 729 in the Official Records of San Luis Obispo county, Cabrillo assignedall of its right, title and interest in the Lease to Hose's Lending, Inc., A California corporation (•Roee'a"), with the consent of LAesOr; and WHEREAS, by Assignment and Assumption of Lease and Consent dated November 2, 1989, Rose's assigned all of its right, title and interact in the Lease to John E. King, Douglass L. Redican ( the Assignee hereunder) and Paul Sanford (the Assignor hereunder); and WHEREAS, Assignor and Aecignae now daolre Assignor to grant, convey, transfer, alienate and assign .any and all of Assignor's right, title and interest as a lessee under the Lease to Assignee. Af+REtLIM: NOW, THEREFORE, in consideration of the mutual covenants and upon the conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment. Assignor hereby assigns, sells, transfers, grants, delivers and conveys to Assignee all of Assignor's right., title and interest in, to and under the Lease. The interests of Assignor in the Lease so assigned, sold, transferred, granted, delivered and conveyed under this paragraph shall include all his rights, privileges and benefits as a lessee under the Lease. It is the intent of the parties hereto that the asaignment contained herein shall include, without limitation, any and all interest of Assignor in the leasehold improvements constructed within the premisos described in the Lease. Assignee shall be obligated and bound to pay and perform each and every obligation, covenant and agreement of Assignor under the Lease. 2. acceptance. Aaoigne.� hereby accepts said assignment, sale, transfer, grant, delivery and conveyance. Assignee assumes and agrees to keep, perform. and be bound by all of the terms, covenants, conditions and obligations which are required to be performed by the Assignor under the Lease, a true and correct copy Of which is attached as Exhibit A to the Memorandum of Lease, and which is hereby Incorporated herein as if fully set forth_ 1• 111d9mni11cation. Assigner hereby agrees to indemnify, defend and hold harmless Assignor from andagainstany and all claims, damages, costs, looses, liabilities, actions and causes of action (Including reasonable attorneys' foes and costs) arising out If or resulting from any breaches or defaults of Asslonee as a lessee under the Lease or from any Acts or f omissions oAssignee as a lessee under the Lease occurring on or after the date hereof.. VOL 3677no 820 1d/17/99 WED 17:53 FAX 805 541 1769 CUESTA SLO 0 005 4"FarrantiegAGSiCMCr.Assignor hereby represents and wa=rants to Assignee t:Mt Assignor has not assigned, sold, transferred, granted, delivered, Conveyed, hypothecated, alienated or encumbered his interest under the Lease. 5. 1]lref• r A«„ran s. Assignor and Assignee each agree that he will at any time and from time to time after the date hereof, on the written request of the other party, execute, icknowladge and deliver, or cause to be delivered, all such further documents, acts and assurances as may :e reasonably requested by such requesting party to Implement and give effect to this Assignment. 6. 9uc smear and A Iona. This Assignment shall ba binding Upon and inure to the benefit of the parties hereto, their successors in interact and assigns. 7. doyerrina Law. This Assignment shall be governed by, and construed and enforced in accordance with, the lava of the State of California, with venue in ban Luis Obispo County, California. - a. Attorneys' Fees. Should any dispute occur between Assignor and Assignee with respect to this Assignment or any document executed In connection herewith, which results in litigation, the losing party or parties shall pay the prevailing party or parties their reasonable attorneys' fees and coats at trial and upon any appeal. . 9. Sever.billty. In the event one or more of the provisions In this Assignmentshallfor any reason be held invalid, illaa_al or unenforcaablh In any respect, such invalidity, illegality or unenforceabillty shall not affect the other provisions of the _ Assignment which other previsions shall remain in full force and ' c:fect.. IN WITNESS '��AEREOF, the parties hereto have executed this Assignment as of the date Iirst above written. 15:RcdcAnsn. ise 622591/0165005 vat 3677ric1821 11/17/99 :53 FAX 805 541 176E SLO Z006 . STATE OF CALIFORNIA ) )' es. Cf1UNTY OF SAN LUIS OBISPO j on this day of in the year 1991, before me, the undersigned, a Notary Publit in and .for said State, Personally appeared PAUL SAN70RD, /proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this Inatrvment, and acknowledged that he executed it.. WITNES my hand and official Beal. =SA " IC OUNTY M l loaf STATE OF CALIFORNIA ) J COUNTY OF SAN LUIS OBISPO J be. On this day of 'gwd in the year 1991, before me, -the undersigned, a Notary Publio in and for said State, Personally appeared DOUGLASS L. REDICAN, personally known to me/ -tee—e< — 'Ovod- evfdenoa to be the person whooe name is subscribed to this instrument, and acknowledged that he executed it. WITH T'my and and official coal. n =3A L / Z"� LILCOWN ,i I,a: 15:RadcAssn.1ae 022591/0165005 1 VOL 3677rAcL822 i17i99 FED 17:54 FAX 805 541 1769 CUESTA SLO 16007_ Lease sites 82, 83, 84, and 85, dascribed as follows: "Commencing at a point on the Moro Bay Waterfront, said point of commencement being located as follows: Comencing at the southwest corner .of State Tide Lands Survey No. l0 as shown on "Map of Resurvey Of State Tide lands Survey No. 13 in Suction 36, T 29 S, R 10 E, M.D.M. in Morro Bay, San Luie Obispo County, California,'- filed for record in Book 4, Page 10 of Records of Surveys, Licensed Surveyor's Maps, San Luis Obispo County Records and running thence S 76' 29'42" W, 50.22 feet to a point: thence running parallel to and So feet at right nngles to the Westerly line of said State Tide Lands Survey No. 10 the following courses and distances: N Oa' Oa' 37" W, 800.10 feet to a point: thence N 1S- 30' W, 264.70 feet to a point; thence N 12' 51' 30" W, 384.12 feet to the true point of commencement; thence from said true point of commencement 5 76' 29' 42" W, 94.15 feet to a point: thence N. 13. 30' le" W, 113.00 feet to a point; thence N 76. 29' 42" E, 95.36 feet to a point; thence S 12' 53' 30" E, 113.01 feet to the point of commencement. Lease sites 92W, 83W, 84W, and 85W, described as follows: commencing at a point on the Morro Bay Waterfront, said point of commencement being located as follows: Commencing at the southwest corner of State Tide Lands Survey No. 10 as shown on. -Map of Resurvey of State Tide Lands Survey No. 10 in Section 36, T 29 5, R 10 E, M.D.M. in Morro Bay, San Luis Obispo County, California," filed -for record in Book 4, Pa90 10 of Records of Surveys, Licensed Surveyor's Maps, San Luis Obispo county Records and running thef.Ca S 76' 29' 42" W, 50.22 feet to a point; thence running parallel to and 50 feet at right angles to the Westerly lice of said State Tide Lands Survey No. 10 the following courses and distances: N 08' O8' 37" W, $00.10 feet to a pointy thence N 15. 10' W, 264.70 feet to a point; thence N 12' 53' 30" W, 384.12 feet to a point! thence 5 76' 29' 42" W, 94.15 feet to the true point of commencement; thence from said true point of commencement S 76' 29' 42" W. 40.00 feet to a point; thence N 11' 30' 18" w, 113.00 feet to a point: thence N 76' 29' 42" E, 40.00 feet to a point: thence S 13, 30' 18" E, 113.00 feet to the point of commencement. - EXHIBIT A END OF DOCUMENT VOL 3677f4ci823 RESOLUTION NO. 02-00 RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. STIP-2000: STREET REHABILITATION PROJECTS TO R. BURKE CORPORATION the City Council, City of Mono Bay, California WHEREAS, the street infrastructure of the community is one of its most necessary and valuable assets: and WHEREAS, this infrastructure has been in a deteriorating state, most particularly exacerbated by the most recent El Nino phenomena, and the citizens of Morro Bay cannot shoulder the entire burden of the cost to rehabilitate its street system; and WHEREAS, the State of California made $1,032,000 available to the community for this purpose through the 1998 STIP Augmentation funding program which was incorporated into the Project's Base Bid; and WHEREAS, the community of Morro Bay allocated $50,000 of additional monies in its Capital Improvement Fund for Street Overlay/Repair (CIP # 96-22) which was incorporated into the Project's Additive Alternate; and WHEREAS, plans and specifications were prepared and the Project was advertised for bids pursuant to the California Public Contract Code as Project No. STIP-2000: Street Rehabilitation Project; and WHEREAS, R. Burke Corporation of San Luis Obispo submitted the lowest responsible bid for the Project in the total amount of $ 771,169.80; and ® WHEREAS, while adequate funds exist for the Base Bid, to perform the Additive Alternate portion of the overall Project necessitates the allocation of an additional $5,724.80 from the current fiscal year Street Division Contract Services account; and WHEREAS, it is in the interests of public health and welfare that the entire Project be awarded and constructed at this time. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council, that the contract for Project No. STIP-2000: Street Rehabilitation Project be awarded to R. Burke Corp. in the amount of $771,169.80; and BE IT FURTHER RESOLVED, $5,724.80 from the current fiscal year Streets Division Contract Services account is hereby allocated to Capital Improvement Project No. 96-22; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents on behalf of the City reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 10'" day of January, 2000 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce;.,Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: 1R9tk-7PpN ANDERSON, Mayor BRIDGETT RI cy'%UER, City Clerk ® City of Morro Bay Capital Projects Division STIP-2000 BID SUMMARY Bids Opened: January 4, 2000 Finn Base Bid Additive Aft. Total 1) R. Burke Corp., SLO $ 715,445.00 $ 55,724.80 $ 771169.80 2) Union Asphalt, Santa Maria 760,611.50 53,854.75 814,466.25 3) Madonna Const., SLO 791,606.00 62,168.00 853,774.00 4) A. J. Diani, Santa Maria 819,989.10 67,287.55 887,276.65 5) Whitaker Contr., S. Margarita 852,479.00 60,998.00 913,477.00 6) Granite Const., Santa Barbara 894,815.00 76,896.00 971,711.00 11 Note: All costs vented, no irregularities found in any bid LI 1 CITY COUNCIL RESOLUTION NO. 01-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS WHEREAS, the City Council of the City of Morro Bay desires to prudently invest idle funds of the city to maximize use of taxpayer funds; and WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.", and WHEREAS, the California Government Code Section 53646 requires all local agency governing boards to annually adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility to the Treasurer for a period not to exceed one year but renewable ® annually, upon review; and WHEREAS, the City of Morro Bay first adopted its current investment policy in 1996 and that policy was further refined during 1997 and 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Statement of Investment Policy, attached hereto, is adopted and that the City Treasurer is hereby authorized to carry out this policy, on behalf of the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 10th day of January, 2000, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 4RGERANDERSON, BRIDGE AUER City Clerk C ® CITY OF MORRO BAY STATF.MIENT OF INVESTMENT E01 CY Monies not required for immediate expenditure by the City of Morro Bay shall be invested in compliance with governing provisions of law (including Section 53600 of the Government Code) and this Investment Policy. It is the policy of the City of Morro Bay to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the city and conforming to all federal, state and local statutes governing the investment of public funds. W,. This investment policy applies to all financial assets of the City of Morro Bay. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: ® Funds: General Fund Special Revenue Funds Enterprise Funds Capital Project Funds Trust and Agency Funds Internal Service Funds And any other fund maintained by the City, unless specifically exempted. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as their probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations Page I Oamlub.19s9 ® Statement of Investment Policy City of Morro Bay, California January, 2000 from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Ib7� The primary objectives, in priority order, of the City of Morro Bay's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Morro Bay shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity: The City of Morro Bay's investment portfolio will remain sufficiently liquid to enable the city to meet all operating requirements which might be reasonably anticipated. Return on Investments: The City of Morro Bay's investment portfolio shall be designed with the objective of attaining a rate of return throughout the budgetary and economic cycles, commensurate ® with the city's investment risk constraints and the cash flow characteristics of the portfolio. Delegalin ofofButhority. Pursuant to Section 53607 of the Government Code, the Treasurer of the City of Morro Bay shall be delegated authority and assume full responsibility for investing and reinvesting idle funds of the city. In accordance with SB109, Chapter 749, 1996 statutes, the City Council shall annually delegate such authority and responsibility, subject to review. In further accordance with SB 109, the City Council is trustee and therefore fiduciary subject to the prudent investor standard and, delegation of authority to the Treasurer does not relieve the City Council of that trustee role. Ethics at d CQtrflicLgf hz1er_es1 Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Morro Bay, particularly with regard to the time of purchases and sales. Page 2 Statement of Investment Policy ® City of Morro Bay, California January, 2000 The Treasurer will maintain a list of investment brokers/dealers and financial institutions authorized to provide investment and safekeeping services for the city. All broker/dealers and financial institutions who desire to become qualified bidders for investment transactions and related services shall supply the Treasurer with the following: Current audited financial statements Proof of registration with the National Association of Security Dealers (NASD)(Broker/Dealers) and Small Investors Protection Corporation (SIPC) Certification of having read the City of Morro Bay's Investment Policy Certification of authorization to do business in the State of California • ,0 . Governing laws of the State of California permit local agencies to invest in a range of investment instruments that vary in complexity and sophistication, as well as risk and reward. Due to the limited size of the City of Morro Bay's portfolio, the city does not require frequent entry into the investment marketplace. Under these circumstances, it would be prudent for the city to limit the range of ® investment instruments to a subset of those allowable, in order to provide for diversification and at the same time limit the risk associated with limited entry into the marketplace. Suitable investment instruments shall include the following and all transactions shall be on a delivery versus payment (DVP) basis: Securities of the U. S. Government, or its agencies. California Local Agency Investment Fund Demand Deposits FDIC Insured Certificates of Deposit Bankers' Acceptances Money Market funds whose portfolios consist of the foregoing Passbook savings accounts Except for securities of the U.S. Government, or its agencies, and for the LAIF fund, maturities on each investment shall not exceed three (3) years from date of purchase. The City of Morro Bay will diversify its investments by security type and institution to the greatest extent practicable. With the exception of securities of the U.S. Government, or its agencies and the California Local Agency Investment Fund, no more than 401/o of the city's total investment pool will ® u^rutsw,��Emiv�wu-r.nv Page 3 ® Statement of Investment Policy City of Morro Bay, California January, 2000 be invested in a single security type or with a single financial institution. The Treasurer is charged with the responsibility of making a monthly investment portfolio report to the City Council of the City of Morro Bay. The monthly report shall include an accounting for all cash and investments in the portfolio and shall include both cost and marked -to -market value as of the end of the monthly reporting period. The city's investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council. The City Council shall also delegate authority to make investments by resolution on an annual basis. :10 Page 4 p®Ls b, 1999 ® Statement of Investment Policy City of Morro Bay, California January, 2000 Glossary of Terms Bankers' Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Comprehensive Annual Financial Report (CAFR): The official annual report of the City of Morro Bay. It includes combined statements of each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related and contractual provisions, introductory material and a detailed statistical section. ® Delivery Versus Payment: One of two methods of delivery of securities. Similar to an escrow for a home loan, where a third party holds both the payment and the security and exchanges them after all specifications have been met. Diversification: A method for reducing investment risk by using a variety of investment instruments and financial institutions to avoid a single catastrophic failure. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without a substantial loss in value. LAIF: California Local Agency Investment Fund is an investment pool which aggregates all funds from political subdivisions and invests them under the custody of the State Treasurer. Market Value: The price at which a security is trading and could presumably be sold or purchased. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. 1 m�,.� Page 5 11 Statement of Investment Policy City of Morro Bay, California January, 2000 Money Market: The market in which short-term debt instruments are issued and traded. Portfolio: The collection of securities held by an investor. Safekeeping: A service rendered by banks for a fee whereby securities and valuables of all types are held in the bank's vault for protection. Page 6 RESOLUTION NO. 17- 00 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING SENATE BILL 402 REGARDING COMPULSORY AND BINDING ARBITRATION FOR PUBLIC SAFETY EMPLOYEES WHEREAS, the California Legislature is considering Senate Bill 402, authored by Senator Burton, which imposes compulsory and binding arbitration of public safety union collective bargaining disputes; and WHEREAS, Senate Bill 402 allows the arbitrator to make binding decisions regarding compensation, benefits, discipline, deployment of the workforce, and virtually any issue s/he finds to be a term and condition of employment; and WHEREAS, Senate Bill 402 gives unilateral control to public safety bargaining units to determine impasse and call for arbitration and, therefore, creates a disincentive for unions to engage in good faith bargaining; and WHEREAS, Senate Bill 402 would effect a transfer of local authority and control of local agency budgets and gives that control to an individual with no accountability to the local community, thereby disenfranchising local elected officials and taxpayers; and WHEREAS, Senate Bill 402 imposes a clear and costly mandate on local public agencies, both in the process and effect of binding arbitration; ® NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Morro Bay, California, that the City Council hereby declares its opposition to Senate Bill 402, and calls upon State legislators to recognize the importance of local control of local budgets and public services, and to render a vote in opposition to this unreasonable and inappropriate intrusion on taking local control away from local elected officials. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held this 27 h day of March, 2000. AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None== ABSTAIN: None OD/ER ANDERSON, Mayor ATTEST: Res3-27-00 ® RESOLUTION NO.16-00 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE REAL PROPERTY AGREEMENT FOR ACQUISITION OF 1055 MORRO AVENUE AND APPROPRIATING FUNDS FROM THE PARKING IN LIEU FUND The City Council, City of ,Morro Bay, California WHEREAS, In -Lieu Parking Fees were established, codified as Morro Bay Municipal Code Section 17.44.020 A7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, in order to fully mitigate public parking space shortages, the development of new, additional parking space is necessary with the resultant need to acquire property for that purpose. WHEREAS, monies accumulated in said Fund are to be used for designated public parking tasks: and WHEREAS, the acquisition of the real property at 1055 Morro Avenue was designated for acquisition via City Council Resolution No. 52-99; and Whereas, the real property at 1055 ,Morro Avenue has been appraised at ® $350,000.00 and the City has negotiated the attached Real Estate Purchase Agreement with the owners of the property. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby authorize the Mayor to execute the attached real property purchase agreement and; BE IT FURTHER RESOLVED, $329,000.00 plus reasonable and customary closing costs from the Parking -in -Lieu Fund is hereby appropriated for the acquisition of the real property at 1055 Morro Avenue, Morro Bay California. PASSED AND ADOFTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 13th day of March 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Elliott, Peirce None None Peters V Ro er Anderson, Mayor ATTEST: Lo ® BRIDGE BAUER, CITY CLERK S/nvs/cmbcty. Bnance/park-rngtun d. res ® REAL ESTATE PURCHASE AGREEMENT This Agreement, by and between, the CITY OF MORRO BAY (hereinafter called "Buyer'), a municipal corporation and FIRST CHURCH OF CHRIST. SCIENTIST. MORRO BAY, CALIFORiNIA (hereinafter "Seller"), a California nonprofit corporation, whereby the Seller hereby agrees to sell and convey and Buyer hereby agrees to purchase that certain real property and all improvements located thereon situated at 1055 Morro Ave., Morro Bay, County of San Luis Obispo, California, pursuant to the following terms and conditions. 1. The Purchase Price for the Premises shall be S329,000, which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing of title and upon delivery of the deed as hereinafter provided. 2. This agreement is contingent upon the approval of the Buyer's City Council. The Buyer agrees to submit this agreement to its City Council for approval at a duly called and noticed meeting on March 13, 2000. If the Buyer shall not have received approval of this agreement by its City Council by March 14, 2000, this agreement and any offers shall terminate and be of no liability to each to the other hereunder. 3. Upon mutual execution of this Contract, the parties shall execute escrow instructions ® to the escrow holder in accordance with the terms and provisions hereof. The provisions hereof shall constitute joint instructions to the escrow holder; provided, however, that the parties shall execute such additional instructions as requested by the escrow holder not inconsistent with the provisions hereof. Said escrow shall provide for a closing on or before April 15, 2000. Buyer and Seller shall immediately execute said instructions. 4. All real estate transfer, documentation and closing costs shall be paid by the Buyer. 5. As soon as reasonably possible following the opening of the escrow, Seller shall pay for and furnish to Buyer a Preliminary Title Report on the subject property, together with full copies of all Exceptions set forth therein, including but not limited to covenants, conditions, restrictions, reservations, easements, rights and rights of way record, liens and other matters of record. Buyer shall have twenty (20) days after receipt of said Preliminary Title Report, together with full copies of said Exceptions, within which to notify the Seller and the escrow, in writing of Buyer's disapproval of any Exceptions sho%vn in said Title Report. In the event of such disapproval, Seller shall have until the date for closing of escrow within which to attempt to eliminate any disapproved Exception(s) from the Policy of Title Insurance to be issued in favor of Buyer and if not eliminated, then the escrow shall be cancelled unless Buyer then elects to waive its prior disapproval. Failure of Buyer to disapprove any Exception(s) within the aforementioned time limit shall be deemed an approval of said Preliminary Title Report. 6. Unless otherwise designated in the escrow instructions of Buyer, title shall vest as is follows: City of Morro Bay, a municipal corporation. REAL ESTATE PURCHASE AGREEMENT PAGE 1 4 3 ® 7. Within ten (10) calendar days from the date of the Seller's acceptance. Seller shall furnish Buyer with a structural pest control report showing accessible areas of buildings upon the property to be free of visible infestation caused by wood destroying insects, fungi; and/or dry -rot. However, if any preventive or corrective work is recommended in such report ( Section I or Section 2 ) the same shall be done at Buyer's option at Buyer's expense, and Seller shall have no responsibility for the same. S. Buyer is purchasing the subject property in an "as is" condition, without warranty and Seller shall not be required to perform any corrective repairs to the property. 9. Seller hereby discloses that there is some dry rot on a portion of the siding on the building on the north side. Buyer is advised to investigate such condition. 10. Within ten (10) calendars days after Sellers acceptance, Buyer shall have the right at Buyers expense, to select a qualified professional to make tests, surveys, or other studies of the subject property. All claimed defects concerning the condition of the property shall be in writing, supported by written reports, and delivered to Seller within twenty (20) calendar days after Sellers acceptance. When such reports disclose conditions or information unsatisfactory to Buyer, which Seller is unwilling or unable to correct. Buyer may cancel this Agreement. ® 11. Buyer and Seller agrees that fixtures and fittings attached to the property, including but not limited to, window shades. built-in and attached appliances, light fixtures, plumbing fixtures. curtain rods, wall-to-wall carpeting, draperies, hardware, TV antenna, air coolers and conditioners for which special openings have been made, trees, shrubs, mailbox and other similar items, if applicable, are included. Seller shall maintain in good condition the subject real and personal property, if any, until the date of transfer of title or possession by Buyer, whichever occurs first. 11 12. The taxes and assessments of the City in which the Premises are situated will be apportioned, in accord with local custom, as of the date of the closing of title. Should any tax, assessment, or rate be undetermined on the date of the closing of title, the last determined tax, assessment, or rate shall be used for the purpose of the apportionment. i ). Throughout the period between the date of this Offer and the date of the closing of title, the Seller shall maintain existing liability insurance on the Premises. 14. Possession shall be delivered to Buyer on close of escrow. 15. The Contract resulting from Seller's acceptance hereof supersedes any and all Offers between the parties hereto regarding the property which are prior in time to this Contract. Neither Buyer nor Seller shall be bound by any understanding, offer, promise, representation, or stipulation, express or implied, not specified herein. REAL ESTATE PURCHASE AGREEMENT PAGF 2 of 3 ® 16. Any addendum attached hereto and either signed or initialed by the parties shall be deemed as a part hereof. Ll S/rwt/cm bcry. admcrdprop BUYER: CITY OF MORRO BAY By: 4er An e son. Mayor 595 Harbor Street Morro Bay, CA 93442 Telephone: (805) 772-6200 SELLER: FIRST CHURCH OF CHRIST_, SCIENTIST. MORRO BAY. CALIFORNIA, A California Corporation B Y: r . U� Gw.- 2110 00 Barbara Brennan, Chairman I r By: S�0/00 anice Pete Clerk - Address: 1055 Morro Avenue Morro Bay, CA 93442 Telephone: (805) 772-8327 REAL ESTATE PURCHASE AGREEMENT PAGE 3 of 3