HomeMy WebLinkAboutResolution 01-01 to 75-01NO -
RESOLUTIONS
2001
TITLE
73-01 RESOLUTION AUTHORIZING FOR THE FILING OF
ADOPTED
APPLICATIONS, EXECUTION OF MASTER AGREEMENTS
AND PROGRAM SUPPLEMENTS FOR RURAL TRANSIT
SYSTEM GRANT PROGRAM PROJECTS 11-26-01
74-01 RESOLUTION FOR EMPLOYER PICK-UP FOR PUBLIC
EMPLOYEES' RETIREMENT SYSTEM POLICE
DEPARTMENT EMPLOYEES 12-10-01
75-01 RESOLUTION APPROVING AMENDMENT #2 TO THE LEASE
AGREEMENT FOR LEASE SITE 144/144W WITH CHARLES AND
SANDRA MARCIEL dba MRM REFRIGERATION 12-10-01
Ll
RESOLUTIONS
2001
NO. TITLE ADOPTED
64-01 RESOLUTION AUTHORIZING THE RECREATION &
PARKS DEPARTMENT TO APPLY FOR A SCHOOL -
AGE CHILD CARE LICENSE THROUGH THE
DEPARTMENT OF SOCIAL SERVICES COMMUNITY
CARE LICENSING DIVISION FOR A SITE AT MORRO
ELEMENTARY 10-08-01
65-01 RESOLUTION OF ASSISTANCE FOR EMPLOYEES
CALLED TO ACTIVE MILITARY DUTY DUE TO THE
SEPTEMBER 11. 2001 ATTACK ON AMERICA 10-08-01
66-01 RESOLUTION APPROVING ADOPTION OF THE
HARBOR DEPARTMENT LEASE MANAGEMENT POLICY
AND AN UPDATED MASTER LEASE FORMAT 10-22-01
67-01 RESOLUTION AWARDING THE CONTRACT FOR
PROJECT NO. MB-2001-S2: QUINTANA ROAD BIKE
LANES AND OVERLAY 10-22-01
® 68-01 RESOLUTION OF INTENT TO SELL CITY -OWNED
REAL PROPERTY LOCATED AT 1055 MORRO AVE. 10-22-01
69-01 RESOLUTION APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE PER CAPITA GRANT
PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS,
CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000 10-22-01
70-01 RESOLUTION APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS
URBAN OPEN SPACE AND RECREATION PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS,
CLEAN WATER. CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000 10-22-01
71-01 RESOLUTION APPROVING A 40-YEAR LEASE AGREEMENT
FOR LEASE SITE 89/89W WITH JOSEF STEINMANN. DBA
THE BOATYARD LOCATED AT 845 EMBARCADERO 11-13-01
72-01 RESOLUTION TRANSMITTING THE CITY OF MORRO BAY'S
RECOMMENDATIONS REGARDING CERTAIN DESIGN ISSUES
PERTAINING TO THE PROPOSED MODERNIZATION OF THE
MORRO BAY POWER PLANT
11-13-01
® RESOLUTIONS
2001
NO. TITLE ADOPTED
55-01 RESOLUTION APPROVING THE EXECUTION OF A
PLANNING/TECHNICAL ASSISTANCE GRANT APPLICATION
TO THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE
SAID GRANT DOCUMENTS AND ANY AMENDMENTS THERE
TO AND AUTHORIZING THE HARBOR DIRECTOR TO ENTER
INTO A PROFESSIONAL SERVICES CONTRACT WITH APPLIED
DEVELOPMENT ECONOMICS.TO ASSIST WITH GRANT
APPLICATION AND ADMINISTRATION 8-13-01
56-01 RESOLUTION APPROVING A FIFTEEN -YEAR LEASE WITH
DRISCOLL'S WHARF SEAFOOD, INC. FOR LEASE SITE
129W-133W LOCATED AT 1231 EMBARCADERO 08-27-01
57-01 RESOLUTION REGARDING ALTERNATIVE COOLING METHODS
® PROPOSED FOR THE MORRO BAY POWER PLANT 08-27-01
58-01 RESOLUTION RELATING TO THE CLASSIFICATION,
COMPENSATION AND TERMS OF EMPLOYMENT OF POLICE
EMPLOYEES OF THE CITY OF MORRO BAY 08-27-01
59-01 RESOLUTION FOR EMPLOYER PICK-UP PUBLIC EMPLOYEES'
RETIREMENT SYSTEM MORRO BAY PEACE OFFICERS
ASSOCIATION 08-27-01
60-01 RESOLUTION AMENDING THE MASTER FEE SCHEDULE
(HARBOR) 09-10-01
61-01 RESOLUTION REQUESTING.PERS BOARD OF ADMINISTRATION
TO WAIVE THE 960-HOUR RULE FOR EMPLOYMENT OF A
RETIREE (THOMAS D. PROWS - RESERVE FIRE FIGHTER) 09-24-01
62-01 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR A 2001/02 PARK PLAYGROUND
ACCESSIBILITY AND RECYCLING GRANT PROGRAM 10-08-01
63-01 RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED
AGREEMENT FOR INTERIM WATER SOURCES 10-08-01
E1
RESOLUTIONS
2001
NO. TITLE ADOPTED
45-01
RESOLUTION AWARDING THE CONTRACT FOR
PROJECT NO. 9909: MORRO BAY HIGH SCHOOL
BIKE PATH
07-09-01
46-01
RESOLUTION ALLOCATING FUNDS FROM EQUILON
STIPULATED AGREEMENT FOR INTERIM
WATER SOURCES
07-09-01
47-01
RESOLUTION ADOPTING CITY COUNCIL POLICIES
AND PROCEDURES, AND RESCINDING RESOLUTION 16-01
07-23-01
48-01
RESOLUTION APPROVING A SOLID WASTE, RECYCLING
AND GREEN WASTE FRANCHISE AGREEMENT BETWEEN
THE CITY OF MORRO BAY AND MORRO BAY GARBAGE -
SERVICE FOR THE PERIOD JANUARY 1, 20OZ
THROUGH DECEMBER.31, 2008
07-09-01
®
49-01
RESOLUTION AUTHORIZING AN ANNUAL RENTAL CREDIT
TO VAN BEURDEN INVESTMENTS, INC. FOR ON -GOING
07-09-01
COSTS OF MAINTAINING THE PUBLIC RESTROOM
LOCATED ON LEASE SITE 78-81/78W-81W (701 EMBARCADERO)
50-01 RESOLUTION APPROVING AN AMENDMENT TO AN EASEMENT
-GRANT DEED FROM THE SAN LUIS COASTAL UNIFIED
SCHOOL DISTRICT FOR BIKE PATH AND WATER FACILITIES
PURPOSES ON THE MORRO BAY HIGH SCHOOL PROPERTY 08-13-01
51-01 RESOLUTION APPROVING EASEMENT AGREEMENT WITH
CHARLES E. OGLE FOR THE MORRO BAY HIGH SCHOOL
BIKE PATH 08-13-01
52-01 RESOLUTION APPROVING A SIX MONTH EXTENSION TO THE 08-13-01
CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATION
53-01 RESOLUTION ESTABLISHING THREE HOUR PARKING LIMITATION
ON THE EMBARCADERO BETWEEN DUNES AND DRIFTWOOD ST. 08-13-01
54-01 RESOLUTION APPROVING ARCHITECTURAL SERVICES CONTRACT
WITH DETTMER ARCHITECTURE FOR HARBOR OFFICE/
UNITED STATES COAST GUARD OFFICE FACILITY 8-13-01
4
RESOLUTIONS
2001
NO. TITLE ADOPTED
35-01 RESOLUTION APPROVING FUND TRANSFER
AGREEMENT FOR MORRO BAY HIGH SCHOOL
BIKE PATH 06-11-01
36-01 RESOLUTION APPROVING PROGRAM SUPPLEMENTS
FOR 1998 STATE jRANSPORTATION IMPROVEMENT
PROGRAM PROJECTS 06-11-01
37-01 RESOLUTION AUTHORIZING AND DIRECTING THE
INSTALLATION OF YIELD SIGNS AND DELINEATION
ON OLIVE STREET AT BERNARDO AVENUE 06-11-01
38-01 RESOLUTION ORDERING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 06-25-01
39-01 RESOLUTION ORDERING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-25-01
40-01 RESOLUTION ADOPTING THE OPERATING AND
CAPITAL IMPROVEMENT BUDGETS AND MAKING
APPROPRIATIONS FOR FISCAL YEAR 2001-2002 06-25-01
41-01 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2001-2002 06-25-01
42-01 RESOLUTION APPROVING AMENDMENT #1 TO THE
LEASE AGREEMENT FOR LEASE SITE 113W
EXTENDING THE TERM OF THE LEASE AGREEMENT
FOR THREE YEARS 06-25-01
43-01 RESOLUTION APPROVING AN AMENDMENT TO THE
BY-LAWS OF THE LEAGUE OF CALIFORNIA CITIES
TO ESTABLISH THE GRASSROOTS NETWORK PROGRAM
AND INCREASE DUES TO FUND THIS EFFORT 06-25-01
44-01
VOID
® RESOLUTIONS
2001
NO. TITLE ADOPTED
26-01 RESOLUTION PROVIDING THE DIRECTOR OF PUBLIC
SERVICES WITH BLANKET AUTHORITY TO EXECUTE
RIGHT -OF -.WAY CERTIFICATIONS 05-14-01
27-01 RESOLUTION APPROVING ASSIGNMENT OF LEASE
AGREEMENT FOR LEASE SITE 86/86W FROM THE
ESTATE OF CLARA BELLE YOCUM, H. GENE YOCUM
AND ROBERTA ARCHULETA TO THE FISH BOWL
RESTAURANT LLC 05-14-01
28-01 RESOLUTION ACCEPTING THE MODIFICATIONS OF
THE CALIFORNIA COASTAL COMMISSION REGARDING
THE COLMER/CARATAN PROJECT 05-14-01
29-01 RESOLUTION CONDITIONALLY WAIVING THE REQUIREMENT
® OF PARAMEDIC LICENSE AS A PRE -EMPLOYMENT
CONDITION FOR CITY FIRE SERVICE EMPLOYMENT FOR
QUALIFIED RESERVE FIREFIGHTERS 05-14-01
30-01 RESOLUTION DECLARING THE CITY'S INTENT TO
LEVY THE ANNUAL ASSESSMENT FOR THE
MAINTENANCE OF THE CLOISTERS PARK AND
OPEN SPACE 05-29-01
31-01 RESOLUTION DECLARING THE CITY'S INTENT TO
LEVY THE ANNUAL ASSESSMENT FOR THE
MAINTENANCE OF THE NORTH POINT NATURAL AREA 05-29-01
32-01 RESOLUTION APPROVING ASSIGNMENT OF LEASE
AGREEMENT FOR LEASE SITE 90/90W FROM
JOANNE SHIFLETT TO JOSEF STEINMANN 05-29-01
33-01 RESOLUTION IN SUPPORT OF SENATE BILL 691
RELATING TO THE RECOVERY OF ATTORNEY'S FEES
WHEN DEFENDING MOBILEHOME ORDINANCES 05-29-01
34-01 RESOLUTION IN SUPPORT OF SENATE BILL 621
RELATING TO WATER TRANSFERS 05-29-01.
RESOLUTIONS
2001
NO. TITLE ADOPTED
18-01 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
REAL PROPERTY AGREEMENT FOR ACQUISITION OF
876 MORRO BAY BLVD. AND APPROPRIATING FUNDS
FROM THE GENERAL FUND 03-26-01
19-01 RESOLUTION ACCEPTING PROJECT NO. PW99710A
CITY DOCK FIRE SPRINKLER SYSTEM AS
COMPLETED BY FIRETECH AUTOMATIC SPRINKLER
AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION 04-09-01
20-01 RESOLUTION INITIATING PROCEEDINGS TO LEVY
THE ANNUAL ASSESSMENT FOR CLOISTERS LAND-
SCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT 04-09-01
® 21-01 RESOLUTION INITIATING PROCEEDINGS TO LEVY
THE ANNUAL ASSESSMENT FOR THE NORTH POINT
NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT" 04-09-01
22-01 RESOLUTION RELATING TO THE DUKE ENERGY
POWER PLANT (CITY'S POSITION) 04-09-01
23-01 RESOLUTION APPROVING SUBLEASE AGREEMENT
FOR A PORTION OF LEASE SITE 86/86W BETWEEN
GERTRUDE CLIFFE/SHIRLEY PETERS AND KATHIE
OSINCUP, DBA SOUTHERN PORT TRADERS ' 04-23-01
24-0.1 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT
BETWEEN THE MEMBER JURISDICTIONS OF THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY AND THE COMMUNITY SERVICE DISTRICTS
IN SAN LUIS OBISPO COUNTY 05-14-01
25-01 RESOLUTION PROHIBITING ON -STREET PARKING ON
THE SOUTH SIDE OF QUINTANA ROAD FROM MAIN
STREET TO APPROXIMATELY SEVEN HUNDRED FEET
EAST OF MAIN STREET 05-14-01
® RESOLUTIONS
2001
NO. TITLE ADOPTED
10-01 RESOLUTION AUTHORIZING A TRANSFER OF FUNDS
FOR THE PURCHASE OF 1055 MORRO AVENUE TO
REIMBURSE THE PARKING IN LIEU FUND . 02-26-01
11-01 RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE REAL PROPERTY AGREEMENT FOR
ACQUISITION OF REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF MARKET AVENUE AND PACIFIC
STREET AND APPROPRIATING FUNDS FROM THE
PARKING IN LIEU FUND AND/OR THE GENERAL FUND
RESERVE 02-26-01
12-01
RESOLUTION SUPPORTING THE GOVERNOR OF
CALIFORNIA'S REQUEST TO REDUCE ENERGY
CONSUMPTION AND THE CITY'S COMMITMENT TO
ONGOING ENERGY CONSERVATION
02-26-01
®
13-01
RESOLUTION REVOKING RESOLUTION NO. 72-98,
WHICH GRANTED A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO YELLOW CAB CO.,
AND GRANTS A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO BEACH CITIES CAB
CO. INC. TO OPERATE A TAXICAB SERVICE IN
MORRO BAY
03-12-01
14-01
RESOLUTION AUTHORIZING THE PURCHASE OF ONE
WHEELCHAIR ACCESSIBLE VEHICLE FOR MORRO BAY
DIAL -A -RIDE FROM THE STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES PROCUREMENT
DIVISION CONTRACT
03-12-01
15-01
RESOLUTION UPDATING THE CITY'S POSITION ON
NATIONAL MARINE SANCTUARIES
03-12-01
16-01 RESOLUTION ADOPTING CITY COUNCIL POLICIES AND
PROCEDURES, AND RESCINDING RESOLUTION NO. 71-98 03-12-01
17-01 RESOLUTION ALLOCATING FUNDS FROM EQUILON
STIPULATED AGREEMENT FOR INTERIM WATER SOURCES 03-26-01
RESOLUTIONS
2001
NO. TITLE ADOPTED
01-01 RESOLUTION ADOPTING THE CITY OF MORRO BAY
INVESTMENT POLICY AND DELEGATING AUTHORITY
TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-08-01
02-01 RESOLUTION PROHIBITING ON -STREET PARKING
ON THE NORTH SIDE OF QUINTANA ROAD FROM THE
EXISTING NO PARKING ZONE ABOUT TWO HUNDRED
FEET EAST OF MAIN STREET TO THE EXISTING NO
PARKING ZONE ABOUT SEVEN HUNDRED FEET EAST
OF MAIN STREET 01-08-01
03-01 RESOLUTION- DESIGNATING RELOCATION OF
HANDICAPPED AND LOADING ZONE PARKING SPACES
AT THE DUNE STREET DOCKS 01-08-01
04-01 VOID
® 05-01 RESOLUTION APPROVING A SIX MONTH EXTENSION
TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER
COMMUNICATIONS 01-22-01
06-01 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD FOR A 2000/01 PARK
PLAYGROUND ACCESSIBILITY AND RECYCLING GRANT
PROGRAM 01-22-01
07-01 RESOLUTION AMENDING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL
APPROPRIATIONS AND INTERFUND LOANS FOR
FISCAL YEAR 2000/01 01-22-01
08-01 RESOLUTION ACCEPTING PROJECT NO. PW 96-35:
CHORRO CREEK REVEGETATION PROJECT AS COMPLETE
AND AUTHORIZING FILING OF THE NOTICE OF
COMPLETION 02-26-01
09-01 RESOLUTION OPPOSING THE PROPOSAL TO USE THE
STONY VALLEY AREA AS THE DOOLITTLE TRAINING
TARGET AREA FOR BOMBING PRACTICE 02-07-01
RESOLUTION NO. 75-01
APPROVAL OF AMENDMENT #2 TO THE LEASE AGREEMENT FOR
LEASE SITE 144/144W WITH CHARLES AND SANDRA MARCIAL
dba M&M REFRIGERATION
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 144.144W: and.
WHEREAS. Charles and Sandra Marciel are the lessees of said property: and.
WHEREAS, the City and the lessees wish to extend the lease agreement for five years 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 #2 to the lease agreement for Lease Site 144/144W, extending the lease
agreement for five years, 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 Bav at a regular
meeting held thereof on the 10'h day of December. 2001, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
BRIDGET7QAUER. CITY CLERK
E
i.66GEA AN15EIkSON, MAYOR
AMENDMENT #2 TO LEASE AGREEMENT FOR LEASE SITE 144/144W
®This amendment is made and entered into as of this IO*day of 1bttr,,, 9b 2001 by and between the
City of Morro Bay, a municipal corporation of the state of California (hereinafter "City') and Chuck and .
Sandra Marcie[, dba M&M Refrigeration (hereinafter "Tenant") to amend that certain ground lease for Lease
Site 144/144W between City and Tenant dated November 23`J 1998.
® CITY OF MORRO BAY
d r Anderson, Mayor
Robert Hendrix, City Manager
APPROVED AS TO FORM
ATTEST
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, 2001, 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; and
Whereas, said plans may allow for or facilitate reconstruction/replacement of the buildings on Lease Site
144/144W and the City, Tenant and USCG require time to develop mutually beneficial plans for the area.
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. 2006
All other terms and conditions of the Lease, including Amendment #1 and annual CPI adjustments to rent,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment.
LESSEE
QA12,r) CV l
Charles Marcie[
n ra Marciel
® RESOLUTION NO.74-01
RESOLUTION FOR EMPLOYER PICK-UP
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
POLICE DEPARTMENT EMPLOYEES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay has the authority to implement the provisions of
section 414(H)(2) of the Internal Revenue Code (IRC); and
WHEREAS, the Board of Administration of the Public Employees' Retirement System
adopted its resolution re section 414(h)(2) IRC on September 18, 1985; and
WHEREAS. the Internal Revenue Service has stated in December 1985, that the
implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the
Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and
WHEREAS, the City of Morro Bay has determined that even though the implementation
of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by
® section 414(h)(2) IRC should be provided to City employees of the police department and who
are members of the Public Employees' Retirement System:
NOW. THEREFORE BE IT RESOLVED:
I. That the City of Morro Bay will implement the provisions of section 414(h)(2)
Internal revenue Code by making employee contributions pursuant to California
government Code section 20691 to the Public Employees' Retirement System on
behalf of its employees who are members of the Public Employees' Retirement
System. "Employee contributions" shall mean those contributions to the Public
Employees' Retirement System which are deducted from the salary of employees
and are credited to individual employee's accounts pursuant to California
Government Code section 20691.
IL That the contributions made by the City of Morro Bay to the Public Employees'
Retirement System, although designated as employee contributions, are being paid
by the City of Morro Bay in lieu of contributions by employees of the police
department and who are members of the Public Employees' Retirement System.
III. That employees shall not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the City of Morro Bay to the
® Public Employees' Retirement System.
® Resolution No. 74-01
Page Two
IV. That the City of Morro Bay shall pay to the Public Employees' Retirement System
the contributions designated as employee contributions from the same source of
funds as used in paying salary.
V. That the mount of the contributions designated as employee contributions and
paid by the City of Morro Bay to the Public Employees' Retirement System on
behalf of an employee shall be the entire contribution required of the employee by
the Public Employees' Retirement Law (California Government code sections
20000. et seg.).
VI. That the contributions designated as employee contributions made by the City of
Morro Bay to the Public Employees' Retirement System shall be treated for all
purposes, other than taxation, in the same way that member contributions are
treated by the Public Employees' Retirement System.
PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this
day of December 10, 2001 by the following vote:
® AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None 4j
"IrDAR Ai' ERSON. Mayor
ATTEST:
L
® RESOLUTION NO. 73-01
A RESOLUTION AUTHORIZING FOR THE FILING OF APPLICATIONS,
EXECUTION OF MASTER AGREEMENTS AND PROGRAM SUPPLEMENTS FOR
RURAL TRANSIT SYSTEM GRANT PROGRAM PROJECTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 14057 was added to the Government Code by Chapter XX (AB
437), of the Statutes of 2001, creating the Rural Transit System Grant Program (RTSGP);
and
WHEREAS, the City of Morro Bay may receive funding from the State of California
now or sometime in the future for transit related projects; and
WHEREAS, these statutes related to state funded transit projects require a local or
regional implementing agency (City of Morro Bay) to execute a cooperative agreement with
California Department of Transportation (Department) before it can be reimbursed for
project expenditures; and
is WHEREAS, the California Transportation Commission (CTC) guidelines for the
Rural Transit System Grant Program, encourages the Department and the City of Morro Bay
to maximize the use of existing agreements such as Master Agreements and Program
Supplements to expedite development and execution of cooperative agreements-, and
WHEREAS, the CTC, who governs the administration of transit related projects,
requires that cooperative agreements for RTSGP projects include a certification, by
resolution of the governing board of a local or regional agency, as required by statutes, that it
will sustain its level of expenditures for transit purposes at a level that is consistent with the
average of its annual expenditures during the 1998-99, 1999-00, and 2000-01 fiscal years,
including funds reserved for transit purposes, during the 2001-02 fiscal year, and subsequent
fiscal years that the allocation is available for use; and
WHEREAS, the resolution will also declare that the City of Morro Bay, as required
by statutes, has the financial ability required to support ongoing operations of the new public
transportation services resulting from the approved RTSGP project(s).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City of Morro Bay agrees to comply with all conditions and requirements
set forth in this agreement and applicable statutes, regulations and guidelines for all state
funded transit projects.
Resolution No. 73-01
Page Two
1
r
E
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Morro Bay that the City of Morro Bay agrees to maintain expenditures for transit
purposes at a level that is consistent with the average of its annual expenditures during the
1998-99, 1999-00, and 2000-01 fiscal years, including funds reserved for transit purposes,
during the 2001-02 fiscal year. The City of Morro Bay also declares that it has the financial
ability required to support ongoing operations of the new public transportation services
resulting from the approved RTSGP project(s).
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Morro Bay that the City Manager, or his/her appointee, is hereby authorized to apply
for funding from the RTSGP, and to execute any related agreements and any amendments
thereto with the California Department of Transportation.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at
regular meeting thereof held on the 26th day of November 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
l
Jk0DQrER ANIDERSONI, Mayor
ATTEST
I
- 4s�*
BRIDGE AUER, City Clerk
® RESOLUTION NO.72-01
RESOLUTION TRANSMITTING THE CITY OF MORRO BAY'S
RECOMMENDATIONS REGARDING CERTAIN DESIGN ISSUES
PERTAINING TO THE PROPOSED MODERNIZATION OF THE
MORRO BAY POWER PLANT
THE CITY COUNCIL
City of Morro Bay, California.
WHEREAS, On February 28, 2000, after extensive public input and
consideration. the City Council entered into a Memorandum of Understanding (MOU)
with Duke Energy regarding Duke's planned modernization of the Morro Bay Power
Plan; one of the primary goals of the MOU is to secure the demolition of the existing
power plant and its replacement with a substantially smaller. less visually obtrusive
facility: and
WHEREAS. On June 12, 2000, after engaging in an extensive public pre-
application review process with Duke Energy, the City Council approved a package of
pre -application recommendations for transmittal to Duke Energy and the California
Energy Commission (CEC) that included many measures intended to,reduce the visual
obtrusiveness of the new facility: and
® WHEREAS,.the City, in its subsequent comments on the Duke Application for
Certification (AFC), the data adequacy of the AFC. the AFC's consistency with local
ordinances, regulations and standards (LOBS) and its comments on the Preliminary Staff
Assessment prepared by CEC staff. has consistently emphasized that the modernization
project must result in a project that is substantially less visually obtrusive and must be
consistent with local LORS regarding visual and aesthetic matters: and
WHEREAS. the City Planning Commission and City Council conducted a joint
public workshop on November 5. 2001 and the City Council held a subsequent public
hearing on November 13, 2001 ,to consider. various options related to the proposed color
of the plant, landscaping concepts for plant screening, design options for the proposed
Morro Creek bridge, design options for remodeling the existing waterfront intake
building, and options for design of the perimeter wall. During and after the public
workshop, the public was given the opportunity to express its preferences for the options
under- consideration through a "dot polling" process conducted by the workshop
facilitator and the results of,this polling process have been considered by the Planning
Commission and City Council unmaking their recommendations.
Resolution No. 72-01
Page Two
NOW, THEREFORE, 'BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that:
a) The City Council hereby transmits the following recommendations regarding
various design issues to the California Energy Commission for consideration in
the final conditions of certification for the proposed Morro Bay Power Plant
Modernization project:
-I .' Landscaping: The City Council considered various landscape concepts
presented by the project applicant including treatments focusing on dune
scrub vegetation; screening vegetation, palm trees and a combination
thereof. The City Council finds that the project landscaping should
emphasize providing extensive and substantial screening using a
substantial number of mature/specimen plant materials throughout the
project area.
2. Color: The City Council considered beige, blue and'green color schemes
for the new power plant as presented by the applicant, Duke Energy, and
finds the green exterior color scheme to be preferable given the City's
desire that the plant have -extensive and substantial landscape screening
surrounding the facility.
3. Perimeter Wall: The City Council considered 'various alternatives for
treatment of the proposed 'sound wall around the perimeter of the power
plant and finds that the option presented by'the project applicant most
similar to the existing project wall parallel to the Embarcadero is preferred
by the City. „
4. Morro Creek Bridee: The City Council considered three options for the
"design 'of the new bridge over Morro'Creek, including a metal bridge and
two different concrete bridge designs.`The City Council finds that the
concrete bridge option with'the wood/metal railing treatment be preferred
as it would be most consistent with railing treatments being implemented
by'the'City in the waterfront area' The City Council also finds that
construction of the bridge will be an important and critical public benefit
of the project to provide for enhanced coastal pedestrian arid bicycle
access and emergency vehicle access through the area and as such the
width of the bridge should be sufficient at a minimum to accommodate
such purposes.
u
E
11
Resolution No. 72-01
Paee Three
5. Intake Building: The City Council considered three options for design
treatments for the intake building, including an option to leave the
building in its current condition. The City Council finds that the
alternatives presented by the project applicant require further review:
therefore at this time, the City Council does not favor any of the proposed
design treatments for the existing building and recommends that the
applicant consider other options modified to be smaller rather than larger
than the existing building.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on this thirteenth day of November, 2001 on the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson. Crotzer. Elliott. Peirce, Peters
None
None
C
RESOLUTION NO. 71-01
APPROVAL OF A 40 YEAR LEASE AGREEMENT FOR
LEASE SITE 89/89W WITH JOSEF STEINMANN,
DBA THE BOATYARD
LOCATED AT 845 EMBARCADERO
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, said lease site is currently leased to Josef Steinmann under a Pipkin lease
format which expires in 2017; and,
WHEREAS, Mr. Steinmann has received CUP 13-09 and 30-99 approval for
redevelopment of the entire site and wishes to enter into a longer term lease agreement under the
terms of the City's Master Lease format: and.
WHEREAS, the City and Mr. Steinmann desire to terminate the existing Pipkin lease to
® be replaced by a new forty year lease effective December 1, 2001 to provide for redevelopment
of Lease Site 89/89W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the attached 40 year lease agreement for Lease Site 89/89W between the City of Morro
Bay and Josef Steinmann, dba The Boatyard is hereby approved.
BE IT FURTHER RESOLVED, that the Vice -Mayor is hereby authorized to execute
said lease agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 13a' day of November, 2001 by the following vote:
AYES:
Crotzer,
NOES:
None
ABSENT:
None
ABSTAIN:
Anderson
Elliott, Peirce, Peters
® BRIDGE 7
AUER, CITY CLERK
RESOLUTION NO. 70-01
A RESOLUTION OF THE CITY COUNCIL
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND
COASTAL PROTECTION BOND ACT OF 2000
For the reconstruction of the Morro Rock Restroom
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the people of the State of California have enacted the Safe Neighborhood
Parks; Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 which provides funds
for the Roberti-Z'Berg-Harris Open Space and Recreation Program; and
WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'Berg-
Harris Open Space and Recreation Program, which provides funds to certain political
subdivisions of the State of California for acquiring lands and for developing facilities to meet
recreational needs; and
® WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the grant program, setting up necessary procedures: and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Applicant's Governing Body to certify by resolution the approval of the
Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California for the
Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay hereby;
1. Approves the filing of an Application for local assistance funds from the Roberti-
Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood
Parks, Clean Water. Clean Air. and Coastal Protection Bond Act of 2000; and
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the Project; and
3. Certifies that the Applicant has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
C
Resolution No. 70-01
® Page 2
4. Appoints the Recreation and Parks Director as agent to conduct all negotiations,
execute and submit all documents including, but not limited to.. Applications, agreements.
payment requests and so on. which may be necessary for the completion of the Project.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 22nd day of October, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: None
ABSENT: Elliott
ATTEST:
® BRIDGETT%AUER, CITY CLERK
u.council.reso70-01
RESOLUTION NO. 69-01
A RESOLUTION OF THE CITY COUNCIL
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA
GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS, the people of the State of California have enacted the Per Capita Grant
Program which provides funds to meet the urgent need for safe, open and accessible local park
and recreational facilities for increased recreational opportunities that provide positive
alternatives to social problems; and
WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the grant program, setting up necessary procedures; and
WHEREAS, said procedures established by the California Department of Parks and
® Recreation require the Applicant's Governing Body to certify by resolution the approval of the
Applicant to apply for the Per Capita Allocation, and
WHEREAS, the Applicant will enter into a Contract with the State of California.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay hereby;
I. Approves the filing of an Application for local assistance funds from the Per
Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000; and
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the project(s); and
3. Certifies that the Applicant has reviewed, understands and agrees to the General .
Provisions contained in the Contract shown in the Procedural Guide; and
4. Appoints the Recreation and Parks Director as agent to conduct all negotiations,
execute and submit all documents including, but not limited to Applications, agreements,
payment requests and so on, which may be necessary for the completion of project(s).
C
Resolution No. 69-01
Page 2
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 22" a day of October. 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: None
ABSENT: Elliott
ATTEST:
BRIDGETYJBAUER, CITY CLERK
u.council.reso60-01
E
C
RESOLUTION NO. 68-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY OF
ITS INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT
1055 MORRO AVENUE, MORRO BAY, CALIFORNIA
The City Council,
City of Morro Bay, California
WHEREAS, the City purchased real property located at 1055 Morro Avenue in
Morro Bay, California on April 14, 2000 for $329,000.00, and
WHEREAS, said property was purchased for a possible future site of a City youth
center. The City has decided that alternative sites will be considered for a City youth
center; and
WHEREAS, pursuant to Government Code § 37350, the City wishes to sell the
City -owned real property located at 1055 Morro Avenue in Morro Bay, California, for
the common benefit of its citizens.
NOW, THEREFORE, be it resolved that the City hereby notices the citizens of the
City of Morro Bay of its intention to sell City -owned real property located at 1055
Morro Avenue in Morro Bay, California. Described more specifically as a church
facility building on the southwest corner of Morro Avenue and Beach Street in Morro
® Bay, California; and
BE IT FURTHER RESOLVED, that the City shall hold a hearing on November 13,
2001 for any person who wishes to protest the sale of the City -owned property located
at 1055 Morro Avenue, in Morro Bay, California; and
BE IT FURTHER RESOLVED, that pursuant to Government Code section 37422,
the City has posted proper notice and proper publication of this Resolution in the
Telegram Tribune; and
BE IT FURTHER RESOLVED, that on November 13, 2001 at the regularly
scheduled Council meeting, final action shall be taken on this matter.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular
meeting thereof held on the 22"d day of October 2001, by the following vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: None
ABSENT: Elliott
O ER AN RSON, MAYOR
Lj
ATTEST:
BRIDGETTAUER, CITY CLERK
Resolution No. 67-01
is RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. MB-2001-S2:
QUINTANA ROAD BIKE LANES AND OVERLAY
The City Council,
City of Morro Bay, California
WHEREAS, installation of bikeways in the community of Morro Bay is an identified
priority of the Circulation Element to the General Plan as an encouragement of use of
alternative modes of transportation; and
WHEREAS, the Class 2 Quintana Road Bike Lanes are an alternative route to State
Highway 1 for the Pacific Coast Bikeway and as such are regionally significant; and
WHEREAS, the City has secured funding from State and Federal sources to install the
bike lanes and overlay the street; and
WHEREAS, plans and specifications for Project No. MB-2001-S2: Quintana Road Bike
Lanes and Overlay were prepared and bid pursuant to the Public Contract Code; and
WHEREAS, R. Burke Corporation, San Luis Obispo, submitted the lowest responsible
bid in the total amount of $371,545.20; and
WHEREAS, it is in the public interest that the Project be constructed at this time.
NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the
contract for Project No. MB-2001-S2: Quintana Road Bike Lanes and Overlay is hereby
awarded to R. Burke Corporation of San Luis Obispo in the amount of $371,545.20; and
BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract
documents reflecting this action.
® PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 22nd day of October, 2001 by the following vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: None
ABSENT: Elliott
ABSTAIN: None
D A DERSON, Mayor
ATTEST: R
BRIDGETT %AUER, City Clerk
11
L'
C
CD
O
O
O
O
O
O
O
O
O
O
O
O
O
o
o
O
O
O
O
O
O
O
O
o
O
(j
O
O
O
O
O
to
N
O
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0
0
C
O
O
O
O
CO
(n
f.-
O
N
CO
D)
O
CO
CO
CO
N
O
O
O
oO
O
aO
N
O
O
-
OM
In
f-M
O)N
(n(D
C)C)
f.-
N
NN
1-Mr
r
r
N(D
OM
CO (a
p
a Z
ca C
0
OO)
O)
r�
O1
O)
N
O)
eq
M
N
O)
V
O)
r-
M
MO)
e-
M
ON
CO
N
(nN
t�
rNM
(n
(O
M
M
E3
N
Vi(n
N
(n
NN
N
N
63(O
O
O
(O
(a
NU)
Ur
(A
M
(A
b9
N
V
6A
(A
(A
(A
(A
(A
6A
69
NV)
6)
U)
U)
fA
S9
,
EA
69
(!9
y @
02
U N
a)
co
O(
n
0
0
0
0
0
o
C)
o
C)
C)
C)
o
o
C)
0
0
0
0
0
( p
C
C
C
C
CD
I.-
N
CD
M
O
O
7
O
o
(O
O
o
0
0
0
0
0
0
0
C
C
y@
M
O
M
6flN
O
(n
V
V
N
U')M
M
N
6969
V
co
NN
a0
ONM
O
In
a0
(nO
M
to
V
f�
(OO
(D
M
SEA
L
2
V
lA
63
EA
fA
6969
��
��
Ef)
EA
69
6%
64>
0
0
0
0
0
0
0
0
0
C)
0
0
C)
C)
0
0
0
C)
0
C)
0
0
0
0
0
0
D)
0
0
0
0
(D
O
O
0
0
0
0
In
0
0
0
O
O
O
O
Cl
O
O
o
C)
0
6
U
c
MC)
u')
O
00
O
O
M
N
(n
I--O
N,
00(O
O
I L
V
0
O
C)(
aO(D
n
(n
OOOOo
N
O
O
M
I-
O
O)
NN
N
CO
V
O
666
(n
CO
0
c
a 'rr
007
CO
I--M
V
N
CO
17
O)
V
O)1-O(O(D
M
CO
(0
N
O
O
m E
M
M
(n
N
O)
O
M
(D
N
N
M
P,
ul�
M
M
691.9
M
N
69
ul
M
(D
m
Q
EA
N
V
69
V)
Eft
(O
EA
W
M
V
69
64
(A
EA
EA
69
bg
>
E!-J
69
69
H9
69
69
Ki
C
C O
02
@@
O
O
O
O
C,
CD
C)
C)
C)
C,O
O
C)
C,
O
o
C)
0
C)
0
0
j
O
O
V
N
0
0
0
0
0
(n
O
O
O
O
O
O
O
O
O
O
O
C
C
>>
` O
C
c
C
OM
N
N
co
(6
M'
CO
V
000N
co
n
r
O(n
()
O,
69
(A
N
V,
LO
(n
69
69
fA
O
O
M
M
N
V
V
N
I.-
D)
EA
60
w
N
69
(A
n
V
M
M
W
(n
696s
C4
69
69
69
69
69
O
�
O
C)
CD
CD
O
O
CD
CD
C)
C)
O
O
C)
o
C)
CD
CD
CDO
O
C)
CM)
C)
C)
C)C
O
O
O
O
O
O
O
O
O
O
O
o
N
O
0
C)
0
0
0
00
0
0
0
0
0
0
0
0
CD
CO
o
O
CD(n
O
C;O
N
N
U 7
CDO
O
O
O
V
N
0
0
0
@
C
CD
CD
C)
CO
07
C)
r
CD
CO
(D
(n
O
In
0)
Cl)
V
CDN
f
O
O
D)
co
0
0
�z
l!')
to
V
CO
I�
M
N
O
M
CO
o
O
r
(f7
7
m
r
r
O
.-
O
O)
69
b9
N
N
O
Q) C
rl
(n
(O
M
64
M
CO
t-
M
N
r
O
V
CO
(O
v)
h
r�:
�
M
�
N
V
O-
Q
EA
N
(»
V
d9
EA
(A
CO
V
(»
69
69
r
V
»
(A
6%
69
U39
69
V)
EA
EA
69
69
(A
UO
Y�
mo0oo(nO0000O(n00000OOoo
C
a
O
O
O
O
N
o
M
O
O
M
O
N
O
0
0
0
0
0
C)
0
O
0]
C
C
C
O
V
N
N
(O
In
1_
6
6
1
6
M
N
666
C6
6
V
M
O
C
C
'c u
V'
�
EA
w
I
V
69
(n
(n
69
69
(A
.--
O
O
I—
(n
M
N
V
O a
C
w
EA
Ui
6969
0)00
r-u)
EA
b9
(f369
60
N(DV
(n(D'IT
ND)O
O)NO
m
N(n
CO(O
V
N
.0
(n(nNO)t-CO(n0MMCO
�N(n
o
o
N
aD
M
M
N
(O
V
O)
C1 W
V
N
N
N
T
Q �
Q �
A
a)
>
�I�tnl
�LLLL}}}}
c
N
c}}L
a)
@
(9
a)LL
Co
6
a)
m(6(n
r
JJ
JW
JJ(n
(n
(nujF
FUfnJ
W
W
W
W
J
W
W
W
WJJ
C
m
U
Q
a
Em
U
c
r
U
o
a
O
J
cmotf
N
.0
>
O
a)
Y
o
N
a)
p)
`
O
N
U
(9
�
p7
m
Q
rn
15
U
Y
@
,c
C
y
0
U
Q
>
x
C
U
c
U
(nm�j�aaa)0
Umaa))
°mEaci
Cam
°m
O N
c
O
U
FE>
-U
U
U
U
-O
._
a)
2
O
U
@
M
c
LL
-
>,
--
U
>
�
LL
LL
CL
N
y
C
.a
2
`
@
(0
U
F-
at)
a)
a)
_
Q
N
a)
a)
>
>
U
Q'
a)
Y
i
i
J
O
(n
(n
(n
a)
O
N
U
.�
(_p6
U
0
0
a
E
D]
O
a)
J
`
O=
N
N
N
i/i
d
0-
U
U
E
CN
'E m
.aF
O
O
_O
E
E
0
O
>
>
UUU'C
a)
�9U
(�
E,
'O
'O
7
'O
'O
.0
a)
L
��a).O
E
N
>
a7
Cis
2F
g���U(4d000�
a)
a)
Q)
O
EaQQ¢¢U(nJU)0
a
o
Z
N
M
V
(n
(D
f�
CO
D)
Cl:'
M
V
to
CO
(�
CO
O)
O
N
N
N
N
M
N
V
N
(n
N
O
N
m
a7
M
a)
m
6
F--
E
A
`r
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
V
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
N
O
CO
00
�
00)
V
CO
OOOON
�
0000(D
V
CO
CO
00
`c
N
Co
CD(DN
CO
V
t
V
V
NO
CON
(O
(O
CO
00
r-
CON
O
CO
Ih
NO
CO
Z
CD
CO
CO
C4
V
V
,
Cl)
I-
V
(O
M
V
U)
Cl)
�
V
0
(M
(M
tfi
to
V
(D
m G
O
M
(D
N
t-
16
V
lO
CO
CO
o
V
VV�
M
V
M
1
M
�
o
V
¢
q
tf)
60611
to
d9
to
O
M
,
,
V3
EA
69
to
to
CA
tf!
N
bl)
7
(A
EA
A
N 0
C J
O
(�m
(p
MOO
O
O
O
O
O
O
O
O
O
N
0
0
0
0
0
0
0
00
m
( p
C
C
C
O
O
(O
O
O
O
O
O
O
O
O
N
O
O
O
O
O
O
O
O
C
C
Y
O
O
It
N
(D
4
O
CO
'ItO
N
�
0
0
M)
Co
�"
Dj
(p
U
M
N
to
to
N
N,
N
V
to
to
n
I-
W
co
I-
n
co
N
co
d
v,
Efl
EA
b9
69
to
to
Md9.
�
`
vi
�
EA
vA ,
E
M
a
t»
(n
U)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
6
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
U
O
O
O
O
O
COO
V
O
N(O
O
f-CD
000
o
00000000
C
G
000ON0'
040
(O
70'-(ON
OO
R
CO
0(D
0700
a
0
0
0
O
W
M
I-
0
7
r-
r
OO
O)
V
O
Ln
(O
V
CD
I-
CD
0)
U3U,
O
O
m Eo(ri0(n
C7(nCnt�MO
COfr
1��
V
C6
U'.Ci
U
¢
.-
N
M
H9
to
Uf
N
CO
to
N
,tN9
to
69
Cf3
V)
VA
to
_if
to
7
69
69
to
EA
H9
Ef9
,
to
EA
to
69
00
C J
m
U
M
m
m
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
p
p
C
O
C
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
C
O
O
N
(D
O
O
(D
CO
,
M
O
V
O
O
O
O
O
O
U')
(I')
O
C
'c u
O
M
EA
EA
,
0
M
(n
(D
d9
to
to
O
0,
N
M
(f)
M
N
f�
00
S d
(O
V3
to
b9
69
EA
1n
�
�
69
U>
EA
H3
EA
6M9
co
69
C9
N
(D
V
N
(D
V
N
O)
O
M
N
O
O
N
(O
(D
(D
'q
N
.c
(O
CO
O
mrr
W
CO
0
m
m
O
N
Cn
O
CD
N
O
M
Cl)
ap
CD
't
(7 )
n
t
N
N
N
n �
CJ
T
m
>
(6(n�
@(i(i}}}}
c
c�
(i
Ca
(u
o
CLL
(u
m
o
(om(n
j
JJJ
W
JJ(n
Cn
InU
Cn
Cn
J
W
W
W
W
J
W
W
W
W
JJ
F-
Fo
C
m
cm
L
U
L
_0 °
E
N
m
C
-
U
n
M
o
a
r
LL
J
�
Cd
C
�-
m
c
E
2>
O
U
M
m
v
(r
'
m
�N
O
x
YCM
n
m
dN
f)
UN
N
O
mUm
E
CZT
6
U
-o
-0
>
0
O
0)
LL
-
U
N
Q)
C
CaaLM
C
C
M
M
D=
C
mmC
M
N
N
>
N
i
i>
J
O
n
I@mn
((nm0
(U
O
O
0
J
0
mmm
m
C
a0
C N
O@
o
E
E
a
0>
U
U
U
'C
m
U�
L
�,
@>
(rwwC)U)aaaa�saaaaaU(n�cnOF
a
D
Z
N
coV
(O
coIh
CO
(M
O
N
CO
-Kr(O
CD
r-
CO
(M
0,
N
N
N
M
N
V
N
(O
N
ICD
N
m
m
M
m
0
H
RESOLUTION NO. 66-01
ADOPTION OF
HARBOR DEPARTMENT LEASE MANAGEMENT POLICY and
AN UPDATED MASTER LEASE FORNIAT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay assumed trusteeship of the State tidelands
grant properties in 1964; and;
WHEREAS, in 1987 the City of Morro Bay adopted a general lease negotiation policy to
address specific lease negotiation issues; and,
WHERAS, the City also adopted a master lease format in 1987; and,
WHEREAS, since 1987 various aspects of overall lease administration issues have been
identified: and,
WHEREAS, an overall lease management policy and new master lease format is being
adopted to increase public understanding and to equitably administer all the granted tidelands
leases which the City is responsible for; and,
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the attached Harbor Department Lease Management Policy and new master lease
format is hereby adopted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 22nd day of October, 2001 by the following vote:
AYES: Crotzer, Peirce, Peters
NOES: None
ABSENT: Elliott
ABSTAIN: Anderson
&ja0.X�
BRIDGETJ B UER, CITY CLERK
® RESOLUTION NO.65-01
RESOLUTION OF ASSISTANCE FOR EMPLOYEES CALLED
TO ACTIVE MILITARY DUTY DUE TO SEPTEMBER 11.2001
ATTACK ON AMERICA
THE CITY COUNCIL
City of Morro Bay; California
WHEREAS. on September I I, 2001, the United States of America suffered a devastating
attack on the Pentagon and World Trade Center by terrorists which resulted in a tremendous loss
of life and property; and
WHEREAS. the President of the United States has declared a National Emergency and
called military reserves to active duty; and
WHEREAS, employees of the City of Morro Bay may and have been called to active
duty to assist in the crisis; and
WHEREAS, the Military and Veterans Code §395.03 provides that "No more than the
® pay for a period of 30 calendar days shall be allowed.._ except as otherwise authorized by
resolution of the legislative body of a public agency... and
WHEREAS, it is the desire of the Morro Bay City Council to support those City
employees ordered to the defense of the United States of America, and their families.
NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
1. The City Manager is authorized to "keep whole" employees called to active
military duty for a period longer than 30 days by compensating them for the
difference between their military pay for duty and their regular pay from the City
of Morro Bay;
2.. That benefits will continue during the period of active military duty as if the
employee was working his/her regular schedule;
3. All other provisions of the Military and Veterans Code concerning public
employees are to be observed.
BE IT FURTHER RESOLVED that this Resolution shall be in effect until the President
of the United States has terminated the current Declaration of National Emergency; and that this
Resolution shall be reviewable at the end of the fiscal year in which it is enacted and may be
revised and/or rescinded by order of and at the discretion of the Morro Bay City Council.
n
® Resolution No. 65-01
Page Two
PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this
8th day October. 2001.
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
4�61EIR-ANDERSON, Mayor
ATTEST:
"4ft\ba.u.¢y+--
BRIDGETVAUER, City Clerk
E
E
® RESOLUTION NO. 64-01
A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING THE RECREATION AND PARKS DEPARTMENT
TO APPLY FOR A SCHOOL -AGE CHILD CARE LICENSE THROUGH THE DEPARTMENT
OF SOCIAL SERVICES COMMUNITY CARE LICENSING DIVISION
FOR A SITE AT MORRO ELEMENTARY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 1987 the State of California implemented a law requiring all school -age child
care programs to be licensed through the Department of Social Services Community Care Licensing
Division: and
WHEREAS, the City of Morro Bay Recreation and Parks Department currently operates one
licensed school -age child care program (Kids' Club) at Del Mar Elementary: and
WHEREAS, the Morro Bay Recreation and Parks Department has identified the need for a
licensed school -age child care program on the Morro Elementary campus: and,
WHEREAS, the Recreation and Parks Department intends to operate a school -age, before and
after school program for the children that attend Morro Elementary.
® NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
hereby authorizes the Recreation and Parks Department to apply for a school -age child care license
through the Department of Social Services Community Care Licensing Division for a Kids' Club site at
Morro Elementary.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
there of held on this 8' day of October, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ATTEST:
® BRIDGETT BAUER, CITY CLERK
u.w.counci1.n:so64-01
RESOLUTION NO. 63-01
® RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED
AGREEMENT FOR INTERIM WATER SOURCES
the City Council,
City of Morro Bay, California
WHEREAS, via Resolution No. 65-00, the Morro Bay City Council declared the community to be
in emergency conditions due to contamination of the City's Morro Well Field by MtBE; and
WHEREAS, the City of Morro Bay and Equilon Enterprises, LLC have agreed to the terms and
conditions of a Stipulated Resolution wherein Equilon shall provide funding for interim water sources
for the City in amounts equivalent to the highest annual pumpage yield of the Morro Well Field
between 1986 and 1996 for the duration of the remediation of MtBE; and
WHEREAS, said funding shall be applied towards water sources including the community's
desalination plant, source water wells, related watersystems and facilities, implementation of studies
and measures to ensure adequate water supplies, water system reliability and/or promote water
conservation as determined by the City; and
WHEREAS, at regular meetings on March 26 and July 9, 2001 the City Council obligated monies
for specific tasks, some of which are completed and some of which are underway; and
WHEREAS, it is necessary to augment current tasks and/or pursue further measures, studies,
projects and tasks at this time; and
WHEREAS, City staff has prepared a prioritized list of recommended measures, studies, projects
and tasks to provide interim water resources for payment received in September, 2001 with the
recommended fund allocations totaling $ 200,000; and
WHEREAS, the recommended prioritized list is comprised of the following tasks and
® accompanying estimated costs:
- System Reliability: Blending Pipeline Phase3: $100,000
- Supply: Supplemental Desalination Facility Analysis: 50,000
- System Reliability: High School Pumping Line Replacement 50,000; and
WHEREAS, at a regular meeting held on October 8, 2001 the City Council considered the
matter.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the allocation of
funds from the Equilon Stipulated Resolution to the recommended water sources are hereby
determined to be necessary; and
BE IT FURTHER RESOLVED, funds received by the City as result of said Agreement are hereby
obligated to said tasks in said amounts.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on
the 8" day of October, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott
NAYES: None
ABSENT: None
ABSTAIN: None
ATTEST:
is
BRIDGE AUER, City Clerk
RESOLUTION NO. 62-01
A RESOLUTION OF THE CITY COUNCIL
® AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR A 01/02 PARK PLAYGROUND
ACCESSIBILITY AND RECYCLING GRANT PROGRAM.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, The voters of California passed the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act). This act authorized the California
Integrated Waste Management Board to establish a grant program to: I. assist local agencies in meeting the
state and federal accessibility standards relating to public playgrounds; and 2. conserve resources and develop
markets for recycled -content materials and equipment; and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the State, setting up necessary procedures
governing application by local agencies, businesses and non-profit organizations under the program; and
WHEREAS, said procedures established by the California Integrated Waste Management Board
require the applicants to certify by resolution approval of the application before submission of said application
to the State: and
WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of
® California for development of the project;
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes
the submittal of an application to the California Integrated Waste Management Board for a 01/02 Park
Playground Accessibility and Recycling Grant Program. The Recreation and Parks Director of the City of
Morro Bay is hereby authorized and empowered to execute in the name of the City of Morro Bay all necessary
applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing
grant funds and to implement and carry out the purposes specified in the grant application.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held this 8th day of October, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
//i00ER4Ne6ERSON,MAYOR
ATTEST:
® Du.a.+c.ltii
BkIDGETA BAUER, CITY CLERK
u.wuncitres62-0I
0
RESOLUTION NO.61-01
RESOLUTION REQUESTING PERS BOARD OF ADMINISTRATION
TO WAIVE THE 960-HOUR RULE FOR EMPLOYMENT OF A RETIREE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay entered into an Agreement for Professional Services
with Thomas D. Prows on January 9, 2001; and
WHEREAS, Mr. Prows is currently a retiree with the Public Employees Retirement system
(PERS); and
WHEREAS, PERS regulations allow retires to work only 960 hours per calendar year
without re-entering the retirement system, and
WHEREAS, Mr. Prows to date has worked 938 hours this calendar year, and
WHEREAS, City desires to employ Mr. Prows for a period not to exceed 480 hours beyond
the 960-Hour Rule in order to provide Reserve Fire Fighter suppression services and to complete
® Fire Department related fire prevention work, including background/research for the expansion plans
for Duke Energy; and
WHEREAS, PERS regulations allow for an extension of the 960-Hour Rule not to exceed
one year.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the City of
Morro Bay formally requests the PERS Board of Administration to waive the 960-hour rule for Tom
Prows.
AYES: Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson, Crotzer
ATTEST:
® BRIDGETT AUE�City�Clerk
�/
1
E
RESOLUTION NO. 60-01
A RESOLUTION OF THE CITY COUNCIL OF THE ICTY OF MORRO BAY,
AMENDING THE MASTER FEE SCHEDULE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on March 10, 1997 the City council adopted Resolution 19-97 to set fees and charges for
the City of Morro Bay; and,
WHEREAS, the City Council finds that fees and charges for Harbor services are in need of updating to
reflect changes in the cost of providing these services; and
WHEREAS, the City desires to amend the existing fee schedule to add some new Harbor fees and
provided for increases in some existing Harbor fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following
fees shall be added or amended to the City's Master Fee Schedule effective October 1, 2001
NEW HARBOR FEES FOR FY01-02:
South T-Pier Hoist
Daily Off -shore Mooring Rate:
Monthly Impound Mooring Rate:
Dry Storage — Daily Rate:
(confiscated/found items only)
$8.00 one hour or less $15.00/Day
SO.12/ft./day (all fees based on 36' minimum)
S4.00/ft/mo. (all fees based on 36' minimum)
$2.00/day
MONTHLY SLIP/MOORING RATES FOR FY01-02
Commercial Slip Rent: $3.20/ft/month (all fees based on 36' minimum)
Offshore Moorings- City Owned S132.00/month
Offshore Moorings S58.00/month
(privately owned tackle)
BE IT FURTHER RESOLVED, that those slip and mooring accounts, which have paid an annual fee in
advance for the Fiscal Year 01-02 prior to August 31, 2001, shall not be subject to these increases until July 1,
2002.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof
on the 10M day of September, 2001, by the following vote:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Peirce, Peters
None
Elliott
BRIDGETT ;L
r4l
�.r .-
ATTACHMENT A
SLIP
AND SUBLEASE
RATES FY
01-02
®PROPOSED
VESSEL OR SLIP
$3.20
S3.08
MONTHLY
ANNUAL
LENGTH
MONTHLY RATE
MONTHLY RATE
DIFFERENCE
DIFFERENCE
36
S 115.20
$110.88
$4.32
$51.84
37
S 118.40
$113.96
$4.44
$53.28
38
S 121.60
$117.04
$4.56
S54.72
39
S 124.80
S120.12
S4.68
S56.16
40
S 128.00
S12320
S4.80
S57.60
41
$ 131.20
S126.28
S4.92
S59.04
42
S 134.40
$129.36
$5.04
S60.48
43
S 137.60
S132.44
S5.16
S61.92
44
S 140.80
S135.52
S5.28
S63.36
45
S 144.00
S138.60
$5.40
S64.80
46
$ 147.20
$141.68
S5.52
S66.24
47
S 150.40
$144.76
S5.64
$67.68
48
$ 153.60
$147.84
S5.76
S69.12
49
$ 156.80
S150.92
S5.88
S70.56
50
S 160.00
S154.00
S6.00
$72.00
51
S 163.20
S157.08
$6.12
$73.44
52
S 166.40
S160.16
$6.24
S74.88
53
$ 169.60
S163.24
$6.36
S76.32
54
$ 172.80
$166.32
$6.48
S77.76
55
S 176.00
S169.40
$6.60
S79.20
56
$ 179.20
$172.48
$6.72
S80.64
57
S 182.40
S175.56
$6.84
S82.08
®
58
S 185.60
S178.64
$6.96
S83.52
59
S 188.80
$181.72
$7.08
$84.96
60
S 192.00
S184.80
$7.20
S86.40
61
S 195.20
S187.88
$7.32
S87.84
62
S 198.40
$190.96
$7.44
$89.28
63
S 201.60
S194.04
$7.56
S90.72
64
S 204.80
S197.12
$7.68
S92.16
65
S 208.00
S20020
$7.80
S93.60
66
$ 211.20
S203.28
$7.92
S95.04
67
$ 214.40
S206.36
$8.04
S96.48
68
$ 217.60
S209.44
$8.16
S97.92
69
$ 220.80
$212.52
S8.28
$99.36
70
$ 224.00
$215.60
$8.40
S100.80
71
S 227.20
$218.68
$8.52
S102.24
72
S 230.40
$221.76
$8.64
S103.68
73
S 233.60
$224.84
$8.76
S105.12
74
S 236.80
S227.92
S8.88
S106.56
75
$ 240.00
S231.00
S9.00
S108.00
El
® RESOLUTION N0. 59-01
RESOLUTION FOR EMPLOYER PICK-UP
PUBLIC EMPLOYEES RETIREMENT SYSTEM
MORRO BAY PEACE OFFICERS ASSOCIATION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay has the authority to implement the provisions of
section 414(H)(2) of the Internal Revenue Code (IRC); and
WHEREAS, the Board of Administration of the Public Employees' Retirement System
adopted its resolution re section 414(h)(2) IRC on September 18, 1985; and
WHEREAS. the Internal Revenue Service has stated in December 1985, that the
implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the
Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC: and
WHEREAS, the City of Morro Bay has determined that even though the implementation
® of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by
section 414(h)(2) IRC should be provided to City employees of the police unit and who are
members of the Public Employees' Retirement System:
NOW, THEREFORE BE IT RESOLVED:
That the City of Morro Bay will implement the provisions of section 414(h)(2)
Internal revenue Code by making employee contributions pursuant to California
government Code section 20691 to the Public Employees' Retirement System on
behalf of its employees who are members of the Public Employees' Retirement
System. "Employee contributions" shall mean those contributions to the Public
Employees' Retirement System which are deducted from the salary of employees
and are credited to individual employee's accounts pursuant to California
Government Code section 20691.
II. That the contributions made by the City of Morro Bay to the Public Employees'
Retirement System, although designated as employee contributions, are being paid
by the City of Morro Bay in lieu of contributions by employees of the police unit
and who are members of the Public Employees' Retirement System.
III. That employees shall not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the City of Morro Bay to the
Public Employees' Retirement System.
11
E
11
Resolution No. 59-01
Page Two
IV. That the City of Morro Bay shall pay to the Public Employees' Retirement System
the contributions designated as employee contributions from the same source of
funds as used in paying salary.
V. That the mount of the contributions designated as employee contributions and
paid by the City of Morro Bay to the Public Employees' Retirement System on
behalf of an employee shall be the entire contribution required of the employee by
the Public Employees' Retirement Law (California Government code sections
20000, et seg.).
Vl. That the contributions designated as employee contributions made by the City of
Morro Bay to the Public Employees' Retirement System shall be treated for all
purposes, other than taxation, in the same way that member contributions are
treated by the Public Employees' Retirement System.
PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this
day of August 27, 2001 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: None
ABSENT: Crotzer
ATTEST:
BRIDGETT �AUER, City Clerk
® RESOLUTION NO.58-01
RESOLUTION RELATING TO THE CLASSIFICATION; COMPENSATION
AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES
OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits
and conditions of employment with the Morro Bay Peace Officers Association; and
WHEREAS, the meeting between the Morro Bay Peace Officers Association and the City
has resulted in a mutual agreement and understanding to recommend that the employees
represented by the Morro Bay Peace Officers Association accept all of the terms and conditions
as set forth in a Memorandum of Understanding, an agreement attached and made a part of this
resolution herewith: and
® WHEREAS, the City now desires to provide said salaries, benefits and conditions to said
police employees of the City of Morro Bay.
NOW, THEREFORE; BE IT RESOLVED that the Morro Bay City Council does hereby
approve and adopt in full the Memorandum of Understanding for the period July 1, 2001 through
June 30, 2005 as attached and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby
authorized to execute the Memorandum of Understanding on behalf of the City.
PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this
day of August 27, 2001 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: None
ABSENT: Crotzer d4,�
D AN RSON_. Mayor
ATTEST:
® RESOLUTION NO.57-01
RESOLUTION REGARDING ALTERNATIVE
COOLING METHODS PROPOSED FOR THE
MORRO BAY POWER PLANT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, On February 28, 2000, after extensive public input and
consideration, the City Council entered into a Memorandum of Understanding (MOU)
with Duke Energy regarding Duke's planned modernization of the Morro Bay Power
Plan; one of the primary goals of the MOU is to secure the demolition of the existing
power plant and its replacement with a substantially smaller, less visually obtrusive
facility; and
WHEREAS, On June 12, 2000, after engaging in an extensive public pre -
application review process with Duke Energy, the City Council approved a package of
pre -application recommendations for transmittal to Duke Energy and the California
Energy Commission (CEC) that included many measures intended to reduce the visual
obtrusiveness of the new facility, minimize noise impacts, avoid inconsistencies with
® City land use policies, as well as address many other issues of local concern; and
WHEREAS, the City, in its subsequent comments on the Duke Application for
Certification (AFC), the data adequacy of the AFC, the AFC's consistency with local
ordinances, regulations and standards (LORS) and its comments on the Preliminary Staff
Assessment prepared by CEC staff, has consistently emphasized that the modernization
project must result in a project that is substantially less visually obtrusive, meets local
noise standards and must be otherwise consistent with local LORS in order to merit City
support; and
WHEREAS, the City Planning Commission and City Council conducted separate
discussions on August 9, 13 and 27, 2001 of concerns related to various alternative
methods of cooling the proposed facility currently under consideration by the CEC.
Through these discussions, based on the information currently available, the Planning
Commission and City Council determined that these alternative methods of cooling,
known collectively as "dry cooling," may have the potential to cause increased adverse
impacts to Morro Bay with regard to noise, visual resources, air quality, socio-economics,
water resources, and land use due to the size, bulk, location, noise, air emissions and
potential fresh water use of some or all of these dry cooling alternatives, creating the
possibility that the project may become inconsistent with local LORS.
u
Resolution No. 57-01
Page Two
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that:
a) Based on currently available information, the City Council opposes requiring
alternative cooling methods for the proposed Morro Bay Power Plant that would
cause or exacerbate adverse effects on visual, noise, air quality, socio-economic
and other local resources compared to the proposed project;
b) The City Council notes that a project using an alternative cooling method that
would negate the need for the proposed project to be located on the coast may
jeopardize the City's preliminary finding that the project is considered Coastal
Dependent and therefore jeopardize consistency with the existing zoning and
coastal land use plan designations of Coastal Dependent Industrial that apply to
the project site;
c) The City Council, pursuant to Section 15064.7 of the State Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), further
determines that any evaluation of the significance of the proposed project's
impacts for the purposes of compliance with CEQA should be based on a
comparison with a baseline condition that includes permitted, historical operations
of the existing facility to determine what real, tangible, reductions can be expected
from new plant operations.
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on this twenty-seventh day of August, 2001 on the following
vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: Crotzer
ABSENT: None
O ER ANDERSON, Mayor
ATTEST:
BRIDGETT AUER, City Clerk
PLANNING COMMISSION RESOLUTION NO. 01-01
® A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MORRO BAY,
RECOMMENDING THAT THE CITY OPPOSE THE USE OF "DRY AIR COOLING"
FOR THE MORRO BAY POWER PLANT
C
n
WHEREAS, the Planning Commission of the City of Morro Bay reviewed several methods
of "Dry Air Cooling" at its special meeting of August 9, 2001; and
WHEREAS, the Planning Commission made the following findings:
A. The various methods of "Dry Cooling" that require cooling towers or structures that
were reviewed could cause an unsightly and unnecessary blight upon the community.
B. The various methods of "Dry Cooling" that require the use of fresh water that were
reviewed could cause a potential hardship on the City water supply.
C. The various methods of "Dry Cooling" that use mechanical pumps and fans that were
reviewed may cause unnecessary noise levels upon the Community.
D. The various methods of "Dry Cooling" that use salt water for cooling that were
reviewed may cause unnecessary "salt drift" in the air and pollute the surrounding
lands.
E. The various methods of "Dry Cooling" that were reviewed use excessive amounts of
land that is prime land along the Embarcadero Road that could otherwise be used for
Community benefit.
F. The various methods of "Dry Cooling" that were reviewed could cause an unsightly
steam plume that may pollute the environment and cause an unsightly blight upon
the Community.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission recommends the
City reaffirm its support for the Duke proposed upgrade to construct a new, efficient, state-of-the-art
generation facility as stipulated in the City and Duke MOU adopted by resolution on February 28,
2000; and
BE IT FURTHER RESOLVED the Planning Commission recommends the City reaffirm
its support of the demolition of the existing power plant.
APPROVED, on the 9th day of August, 2001 by the following vote:
AYES: Baxley, Carnes, Doubledee, Vesterfelt
NOES: 0
ABSENT:O
ABSTAIN: Barra
THAD BAXLEY, Vice- ai son
0 RESOLUTION NO. 56-01
APPROVAL OF A FIFTEEN -YEAR LEASE WITH
DRISCOLL'S WHARF SEAFOOD, INC.
FOR LEASE SITE 129W-133W LOCATED AT
1231 EMBARCADERO
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-133 W: and.
WHEREAS, Driscoll'sWitarf is operating on a temporary lease at Lease Site 129W-
133 W which expires on June 30. 2003; and,
WHEREAS, Driscoll's Wharf is in compliance with all terms of the lease agreement and
is current in their rental payments; and,
WHEREAS, Driscoll's Wharf has received approval of CUP 08-01 had has applied for a
building permit to renovate the building at the North end of the lease site which will involve a
considerable amount of investment: and.
® WHEREAS, the City and Driscoll's Wharf Seafood, Inc. desire to enter into a fifteen -
year lease to continue Driscoll's Wharf operations on said lease site.
NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the City of Morro
Bay that the Mavor is hereby authorized to execute the attached fifteen-vear lease agreement
with Driscoll's Wharf Seafood. Inc. for Lease Site 129W-133 W located at 1231 Embarcadero.
PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a regular
meeting held thereof on the 27 s day of August 2001, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: None
ABSENT: Crotzer
f64
44,1 .,�./-
..-•-.•.
- ; . 1! BAUER, CITY CLERK
CASE NO. CUP 08-01
1231 Embarcadero
A new retail fish market and take-out restaurant inside an existing building.
Staff recommends that the Planning Commission make the following Findings:
1. That for the purposes of CEQA; Case No. CUP 08-01 is Categorically Exempt, Class 3
(CEQA Guidelines Section 15303(c) as indicated in the staff report dated May 21, 2001.
2. As conditioned; the project will not'be detrimental to the health, safety, comfort, and
general welfare of the'persons residing or working in the neighborhood, because the fish
market and take-out restaurant is a permitted use within the zoning district applicable to
the project site and said structure complies.with all applicable project conditions and City
regulations.
3. As conditioned, the project will not be,.injurious. or detrimental to property and
improvements in the neighborhood,. because the fish market.and take-out restaurant will
® provide a public benefit while contribuitng to the fishing industry.
4. As conditioned, the project is in conformance with the -general Plan and the certified Local
Coastal Land Use Plan (LCP) and Zoning Ordinace as indicated in the staff report dated
May 21, 2001.
5. The project is prmarily a fish processing and sales facility to promote commercial fishing
in.the City of Mono Bay.
6. It is not economically viable to have on -site fish sales without the addition of prepared
foods.
7. Cooked and uncooked fish sales along with the sale of other ancillary foods and
beverages will add"to the viability of the fish market:
8. The public will be educated by the ability to view the prearation of local fish.
A-1
E
TABLE OF CONTENTS
ARTICLE I FIXED TERhL.._._.____._......._...... ........................ ._.._....._....._...._.__....._____......_....._.......1
SECTION1.01 TERM......................................................................................................................................................I
SECTION1.02 No EXTENSIONS.....................................................................................................................................2
SECTION1.03 HOLD OvFR............................................................................................................................................2
ARTICLE 2 RENT ... ........ ��__ ._r.._...._.._..._.._._......_.___...._._..
.._..._.._------_...._.------
SECTION2.01 ML\vNLA1 RENT ......................................................................................................................................2
SECTION 2.02 ANNUAL CPI ADJUSIME\7 TO MI.ONUM RENT.....................................................................................2
SECTION 2.03 FIVE YEAR CALCULATION FOR NEW MINDAUM RENT............................................................................3
SECTION 2.04 PERCENTAGE RL\TAL............................................................................................................................3
SECTION 2.05 PENALTY AND A7mLST.........................................................................................................................5
ARTICLE 3 USE OF PREMISES .... ............... _ .................... _____....._
... .................. ......... 5
SECTION3.01 PERNBTTED USE......................................................................................................................................5
SECTION 3.02 UNAUTHORUZDUSE..............................................................................................................................5
SECTION 3.03 OPERATION OF BUSLNTS.S - HOURS OF OPERATION.................................................................................6
SECTION3.04 COMPETITION.........................................................................................................................................6
SECTION3.05 Tma NDS TRUs...................................................................................................................................6
SECTION 3.06 COMPLIANCE FTIH LAW.........................................................................................................................7
SECTION 3.07 WASTE OR NUISANCE.............................................................................................................................7
ARTICLE 4 CONSTRUCTION, ALTERATION AND REPAIRS .........................
_............................................. 7
SECTTON4.01 CONSMUCTIONAPPROVAL................................................................:...................................................7
SECTION4.02 CGNSJRUCTIONBOND............................................................................................................................7
SECTION 4.03 MECHANICS' LD.VS.................................................................................................................................8
SECTION 4.04 OQNT:RSHIP OF IJWROVE�\75.............................................................................................................8
ARTICLE 5 HYPOTHECATION OF LEASE .................................. _................ _... ... ... _................................. 8
ARTICLE 6 REPAIRS, MAINTENANCE AND RESTORATION .... ............. __._....... ...... ....................... 9
SECTION 6.01 MAINTENANCE BY TENANT.............................................................................L...................................9
SECTION 6.02 SEAWALLS AND RFVEnNE.\7..................................................................................................................9
SECTION 6.03 REQUIRE E\ TS OF GOVERNMENTAL AGLNC ES....................................................................................9
SECTION 6.04 FAILURE To REPAIR................................................................................................................................9
SECTION 6.05 TENANTS DUTY TO RESTORE PRE+nSES.............................................................................................9
SECTION 6.06 INSPECTION BY CITY........................................................................................................................... 10
SECTION 6.07 OPTION TO TERMNATE LEASE FOR DESTRUCTION............................................................................... 10
SECTION 6.08 APPLICATION OF INSURANCE PROCEEDS.............................................................................................. 10
ARTICLE 7IN'DEINWITY AND INSURANCE...._ ........................... _............ ....._._.._..._ ............ I ......... __....... 10
SECTION 7.01 INDEMNTTY AGREEMENT......................................................... :.................................................... ........ 10
SECTION 7.02 LIABILITY INSURANCE ... ...................... :................................................................................................ 11
SECTION 7.03 WORKER'S COSvENSATION.................................................................................................................. 11
SECTION 7.04 FIRE AND CASUALTY INSURANCE......................................................................................................... 12
SECTION 7.05 SPECIFIC PERILS TO BE INSURED........................................................................................................... 12
SECTION 7.06 DEPOSIT OF LNSURANCE AITH CITY..................................................................................................... 12
SECTION 7.07 NOTICE OF CANCELLATION OF INSURANCE.......................................................................................... 12
SECTION 7.08 NO SUBROGADON...............................................................................:................................................ 12
ARTICLE 8 TAXES AND UTH.ITIES... ._............................................... -.___...___._._.._....._.._......13
SECTIONSOITENANTTOPAYTAXES.....................................................................................................................
13
SECTION 9.02 TENANT TO PAY LICENSE A\D PERMR FEES ............. :::...................................................................
13
SECTION8.03 UTILITIES ..............................................................................................................................................
13
ARTICLE 9 CONDEMNATION- .._.._............................................... __................ _... ___.__................................
13
SECTION9.01 TOTALCONDEMNATTON.......................................................................................................................
13
SECnON 9.02 CONDL\NATTON AR'ARD... :..................................................................................................................
13
SECIION9.03 TERMNATIONFORPARTTALTARL\G....................................................................................................
14
SECTION 9.04 RENT ABATEMENT FOR PARTIAL TAKING ............................................................................................
14
SECTION 9.05 CONVEYANCE N LIEU OF EmTNEYI DOMAIN ............................................
...................... 15
ARTICLE 10 ASSIGNMENT AND SUBLEASING ...............__ .... ... ................. ...::.............. ...... ............ 15
SECTION 10.01 NO ASSIGNMffvT WRHOUT CITTS CONSE\T...................................................................................
I$
SECTION 10.02 TRANSFER OF STOCK AS ASSIGCMEN7...............................................................................................
15
SECTION 10.03 APPLICATION FOR ASSIGN IDIT.........................................................................................................
15
SECTION 10.04 PROBATE TRANSFER OR ASSIGNMENT................................................................................................
16
SECTION 10.05 NO SUBLEASE WITHOUT CITY'S CONSENT........................................................................................
16
SECTION 10.06 TERM OF SUBLEASE............................................................................................................................
16
SECTION 10.07 SUBTENANT SUBJECT To LEASE TERNS.............................................................................................
16
lu
C�
.I
fil
SECTION 10.08 CONSENT FORM AGREEMENT.
SECTION 10.09 TENANT REMAINS LIABLE...
SECTION 10. 10 EXCEPTION FOR BOATSLIPS.._.
16
16
17
ARTICLE 11 DEFAULT AND TERMINATION................................................................................................... 17
SECTION 11.01 ABANDONMENT BY TENANT............................................................................................................ 17
SECTION 11.02 TERMINATION FOR BREACH BY TENANT.......................................................................................... 17
SECTION 11.03 TERMINATION FOR FAILURE TO PAY RENT......................................................................................... 17
SECTION 11.04 BENEFICIARY MAY CURE DEFAULT................................................................................................... 17
SECTION 11.05 ATTORNEY FEES FOR BREACH NOT RESULTING IN COURT ACTION .................................................... 17
SECTION 11.06 DAMAGES FOR BREACH...................................................................................................................... 18
SECTION 11.07 CUMULATIVE REMEDIES..................................................................................................................... 18
SECTION 11.08 WAIVER OF BREACH.....................................................................................1.................................... 18
SECTION 11.09 SURRENDER OF PREM0NES................................................................................................................... 18
ARTICLE 12 MISCELLANEOUS........................................................................................................................... 18
SECTION 12.01 ATTORNEY'S FEES............................................................................................................................... 18
SECTION12.02 NOTICES............................................................................................................................................. 18
SECTION 12.03 GOVERNING LAW................................................................................................................................ 19
SECTION 12.04 BINDING ON HEIRS AND SUCCESSORS................................................................................................. 19
SECTION 12.05 PARTIAL INVALIDITY.......................................................................................................................... 19
SECTION 12.06 SOLE AND ONLY AGREEMENT............................................................................................................ 19
SECTION 12.07 MODIFICATION..........................................................................................................:........................ 19
SECTION 12.08 TIME OF ESSENCE............................................................................................................................... 19
SECTION 12.09 MEMORANDUM OF LEASE FOR RECORDING........................................................................................ 19
SECTION 12. 10 TERMINATION FOR NUCLEAR DISASTER. ............................................................................................ 20
ARTICLE 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE .... :............................................... 20
SECTION 13.01 TERMINATION OF PRIOR LEASE..........................................................................................................20
SECTION 13.02 CONSTRUCTION OF IMPROVEMENTS...................................................................................................20
SECTION 13.03 EXISTING SECURITY DEPOSIT REFUNDED........................................................................................... 20
SECTION 13.04 EQUIPMENT LIST AND STORAGE CONTAINER UNIT OFFSTTE..............................................................21
LEASE
This LEASE is made and entered into by and between the CITY OF MORRO BAY, a
municipal corporation of the State of California herein called CITY, and Driscoll Marina , a
California corporation currently doing business as Driscoll's Wharf Seafood, Inc., herein called
TENANT.
WIT1'ESSETH
WIIEREAS, the State of California granted certain tide and submerged lands located
within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being
Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874,
Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes
may be amended from time to time by the Legislature of the State of California; all of which
Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto;
and
'WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of
Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the Countv of San
Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State
of California pursuant to the above mentioned acts; and
. WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of
Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by
the. Superior Court of the State of California in and for the County of San Luis Obispo, 430417,
adjudging and decreeing, among other things, that the title to said tide and,submerged lands so
conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above,
passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on
the 17th day of July, 1964; and
WHEREAS, TENANT accepts the within lease with full knowledge that there is no
warranty of title in and to the within described premises by CITY to TENANT; and
WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in
carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for
the accommodation of those using Mono Bay Harbor, CITY leases to TENANT the within
described property upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the covenants to be performed and the rental to
be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the
premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo,
State of California, described as follows:
Lease Site 129R7/133 W, hereinafter described as the "Premises" or "Lease Site'
This property is delineated on Parcel Map of the CITY of Morro Bay No. 68-30, which
map was recorded on October 10, 1968, in Book 3, Page 10 of Parcel Maps in the Office of the
County Recorder, San Luis Obispo County, California A copy of said Map is attached hereto as
Exhibit A and made a pan hereof by reference.
Article I FIXED TERM
Section 1.01 Term
® The term of the lease shall be a period of fifteen (15) years, commencing October 1, 2001
_ and terminating without notice on September 30, 2016 unless sooner terminated as herein
- provided.
Ll
Ct
11
2
Section 1.02 No Extensions
The term of this lease shall not be extended nor shall this lease be renewed. Requests for
continued use of the premises shall be treated as an application for a new lease and shall require
appropriate application to the CITY with all requiredsupportinginformation and documents,
CITY Council approval and the execution of a new CITY lease, containing the then most current
terms, covenants, conditions and rent schedules.
Section 1.03 Hold Over
Should TENANT hold the demised premises after the expiration of the term of this lease
with the consent of the CITY, express or implied, such holding over (in the absence of a written
agreement between CITY and TENANT with respect thereto) shall be deemed to create a
tenancy from month to month, terminable on thirty (30) days written notice from either party to
the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and
percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month); and
otherwise subject to each and every term, covenant and condition of this lease.
TENANT shall indemnify and hold CITY harmless from any and all loss or liability,
including, but not limited to, claims of succeeding TENANT'S, resulting from TENANTS
failure to surrender possession of the demised premises upon termination of this lease during, at
the end, or after expiration of the term hereof.
Article 2 RENT
Section 2.01 Minimum Rent
TENANT agrees to pay to CITY in addition to the additional sums specified herein
below, a minimum guaranteed annual rental for the use and occupancy of said premises of
Eighteen Thousand Two Hundred Seventy Five Dollars ($18,275.00) per year payable in
advance in equal semiannual installments on the first days of January and July of each year. On
July 1, 2006 and thereafter, minimum rent shall be adjusted as outlined in Section 2.03 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 at City Hall located at 595 Harbor Street, Morro Bay,
California, or at such other place or places CITY may from time to time designate by written
notice delivered to TENANT.
Section 2.02 Annual CPI Adiustmentto Minimum Rent
The parties agree that on the first day of July 2002 and each July 1 thereafter the
minimum guaranteed annual rental shall be increased or decreased in direct proportion to any
upward or downward movement from the Consumer Price Index for January 1, 2001, which is
hereby agreed to be . The Consumer Price Index referred to herein is the Consumer Price Index
(all items indexes, all urban consumers) for Los Angeles - Anaheim - Riverside, California,
compiled and published by the United States Department of Labor, Bureau of Labor Statistics,
1982-84 Base Year = 100 (hereafter called Index.) The percentage adjustment for any given year
shall be based upon the average monthly index for twelve months ending December 31 st.
The minimum annual rental shall be adjusted once each year on July 1, and will remain in
effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By
way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index
from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%.
Therefore the minimum guarantee annual rental then being paid by TENANT would be increased
by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.)
J
If the United States Department of Labor, Bureau of Labor Statistics, shall cease to
compile and make public the Index as now constituted and issued, but shall substitute another
index in its place, then said substituted index shall be used for the purpose of adjusting the
minimum rental for the leased premises.
Section 2.03 Five Year Calculation for New Minimum Rent
By July 1, 2006 and at the end of each five year period thereafter, a new minimum
guaranteed annual rental shall be calculated as follows:
A. A reasonable time prior to July 1, 2006 and prior the July 1 of each five-year
period thereafter, an appraisal shall be made of the fair market value of the leased premises,
excluding fixtures and improvements unless such are expressly included in the description of the
leasehold hereinabove. CITY, at its own cost and expense, shall retain an independent qualified
appraiser acceptable to TENANT for determination of the fair market value of said premises. If
the parties are unable to agree upon a mutually acceptable appraiser then each party shall select
one member of a three member committee. The two so selected members shall select the third
member and this committee shall by majority vote select an independent professionally
designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the
Society of Real Estate Appraisers with a designation of MAI (Member of American Institute),
SRPA (Senior Real Estate Analysis), to appraise the fair market value of the leased premises. In
the event that the appraisal process is not concluded on or before the five year adjustment date,
the rent shall be adjusted retroactively to such five year adjustment date as set out herein below
when said appraisal process is completed.
B. The total rent paid including both the minimum guaranteed annual rental and the
percentage of gross sales for each year within the applicable five year period shall be averaged to
produce the average annual total rent paid.
C. The new minimum guaranteed amount rental for the next ensuing five-year period
shall be the greater amount of seventy-five (75) percent of the average of the total yearly rent
paid during thepreviousfive year period (as set out in paragraph B. above) or eight (8) percent of
the fair market value of said premises (as established in paragraph A. above.) The new minimum
guaranteed annual rent figure shall be divided by two to determine the semiannual payments and
shall be paid' by TENANT to CITY on the first of each January and July thereafter. This new
minimum. rent shall be adjusted each following year in proportion to any change in the Consumer
Price Index as set out in Section 2.02 herein above.
Section 2.04 Percentage Rental
A. In addition to the minimum guaranteed annual rental specified hereinabove
TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for
the use and occupancy of said premises an additional sum equal to, that percentage of TENANTS
gross sales, hereinafter defined, as shown on Exhibit B, attached hereto and incorporated herein
by reference, less the amount of the minimum guaranteed rental paid pursuant to Section 2.01,
2.02, and 2.03 herein above.
B. The term "gross sales." as used herein, shall (subject to the exception and
authorized deductions as hereinafter set forth), mean the total selling price and the total gross
amount received by TENANT from all rentals, merchandise sold and services rendered in, on or
from said premises by TENANT, his subleasees, licensees, or concessionaires, both for cash and
on credit including, but not limited to, rentals of dockage space, leasing and servicing operations
and ticket sales, and if on credit whether or not payment be actually made therefore, all charges
for services, alterations or repairs made in or upon said premises; the gross amount received by,
11
4
TENANT for merchandise sold pursuant to orders received in said premises, though filled
elsewhere; and the gross amount received by TENANT from any and all other sources of income
derived from the business conducted upon said premises.
C. Notwithstanding the provisions of Section 2.04 B. of this lease, the tern "gross
sales" shall not include the following items, and such items may be deducted from "gross sales"
to the extent they have been included therein or have been included in a prior computation of
"gross sales" or for which a percentage rental has been paid under this lease to CITY.
. (1) Credits and refunds made to customers for merchandise returned or exchanged;
and
(2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this
article because a part of the total selling price of merchandise or services rendered in, from, or on
said premises where TENANT must account for and remit the taxes to the government entity or
entities by which they are imposed.
D. TENANT shall keep or cause to be kept full, complete, and accurate records, and
books of account in accordance with accepted accounting practices showing the total amount of
gross sales, as defined herein, made each calendar month in, on or from said premises. TENANT
shall keep said records and books of account within San Luis Obispo County and shall notify
CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale
and in the presence of the customer cause the full selling price of each piece of merchandise,
each rental received and each service rendered in, on or from said premises to be recorded in a
cash register or cash registers that have cumulative totals and are sealed in accordance with
standard commercial practices. Said records, books of account and cash register tapes, including
any sales tax reports that TENANT may be required to furnish any government or governmental
agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other
authorized representative or agent of CITY. .
TENANT consents to the release of sales tax information to CITY and on demand will
furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for
confidential internal use of the CITY in determining gross sales for TENANT. TENANT
consents and authorizes CITY to request such information directly from the State Board of
Equalization or other state agency with which sales tax information is filed.
E. By July 31, of each year TENANT shall furnish CITY with a statement, to be
certified by TENANT as current, true and accurate, which shall set forth the gross sales (as
defined herein) of each department, sub -lessee, licensee and concession operating in,.on or from
said premises for the previous twelve (12) calendar months, ending June 30, just concluded, and
the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount
of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time
cause an audit of sales of TENANT'S business to be made by a public accountant, TENANT
shall famish CITY with a copy of said audit without cost or expense to CITY. CITY may, once
in any calendar year, cause an audit of the business of TENANT to be made by a public
accountant of CITY'S own selection. TENANT shall, upon receiving written notice of CITY'S
desires for such an audit deliver and make available all such books, records and cash register
tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall
promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit
disclose that the questioned Statement or statements understated gross sales by five percent (5%)
or more but less than ten percent (10"/6). TENANT shall also immediately pay the additional
rental with interest, therein shown to be payable by TENANT to CITY. Otherwise the cost -of
such audit shall be paid by CITY. In the event that an audit or other review of records discloses
that the amounts reported as gross sales was understated by TENANT by ten percent (10%) or
more. CITY shall not only be entitled to recovery from TENANT all costs of audit and review
but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage
of gross sales rent due pursuant to this lease on such unreported amounts.
- -- - _
F. CITY shall be entitled at any time within five years after the receipt of any such
additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy
--
of the statement or statements famished by TENANT to justify the same. For the purpose of
enabling CITY to check the accuracy of any such statement or statements, TENANT shall for
. - -
said period of five (5) years after submission to CITY of any such statement keep all of
- _
TENANT'S records, including sales tax returns, all cash register tapes and other data which in
_
--
any way bear upon or are required to establish in detail TENANTS gross sales of merchandise
and services and any authorized deductions therefrom as shown by any such statements and shall
- _ -
upon request make the same available to CITY for examination.
Section 2.05 Penalty and Interest
A. If any rent is not received within ten days following the date on which the rent first
_-
became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in
addition to the rent -
_ - -
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 permitted by law as of the date this lease
is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date
on which rent fast became delinquent until paid. The term "rent" includes any sums advanced
- =
by the CITY and any unpaid amounts due from TENANT to the CITY.
®
Article 3 USE OF PREMISES
Section 3.01 Permitted Use
Said premises shall, during the term of this lease; be used for the purpose of operating and
conducting thereon and therein the following:
Those uses outlined in CUP 808-01 which includes retail sales and some food preparation
-
for take out service only. Such additional uses shall be incorporated into the permitted uses of
_ - -
this LEASE at the time of City Council approval of an amendment to CUP 808-01 or a new use
- --
permit for the premise. and for uses normally incident to and directly allied to these permitted
- - - . -
uses and for no other purpose.
The controlling permitted uses of this lease shall be those uses allowed under CUP - as
amended in the future. For the purposes of example, uses contemplated for the site at this time
include: -
- _
A. Fish market, processing and unloading of seafood products, wholesale fish sales;
dockage fees, wharfage, ice sales, and limited take out food service. -
_" _
These listed examples in now way limit TENANT'S requirement to obtain any and all
other required permits and approvals to initiate said uses, including its City use and building
permits, county health permits, etc.
Section 3.02 Unauthorized Use
TENANT agrees to allow only those uses authorized in Section 3:01 herein above and
To
that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the
option of CITY terminate this lease. In the event said premises are used for uses other than those
specifically authorized herein, then in addition to all other remedies allowed by law or authorized
elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be
required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as
- -_
defined herein, accountable to such unauthorized use, which is equal to twice what such
6
percentage would have been had such use been authorized in advance. Saidadditionalrent shall
be retroactive to the commencement of such unauthorized use and shall continue until the
unauthorized use is abated. The parties agree and understand that the collection and acceptance
by CITY of this additional rental, shall not, in any way be deemed a waiver nor estoppel of
CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any
other remedies available at law or equity.
In the event the parties cannot agree on whether a use is authorized by this lease, the
partiesshall appoint a three member committee whose detennination of that issue shall be final.
Each parry shall appoint one member and those two members shall appoint the third.
Section 3.03 Operation of Business - Hours of Operation
Failure to actively and diligently conduct the business authorized herein, constitutes a
breach of the agreement and shall, at the option of CITY terminate this lease.
A. TENANT shall during the term of this lease conduct business of the nature specified
in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said
premises open for the conduct of business continuously and without interruption for at least six
hours each day of the year except legal holidays. This provision shall not apply if said premises
shall be closed and the business of TENANT is temporarily shut down for a period not to exceed
14 calendar days in any calendar year to make necessary minor or major repairs, maintenance or
other construction deemed necessary by TENANT. Further this provision shall not apply if said
premises shall be closed and the business of TENANT is temporarily shut down as authorized or
required by the CITY Manager or Harbor Director or on account of normal business
requirements such as inventory, strikes, walkouts, or causes beyond the control of TENANT or
for not over three (3) days out of respect to the memory of an officer, employee, or close relative
of any officer or employee of TENANT.
B. TENANT shall operate TENANTS business on said premises with due diligence
and efficiency and in like manner as comparable businesses in CITY or coastal area are operated,
so as to produce all of the gross sales and gross receipts from services which may be produced
from TENANT'S business; and TENANT at all times shall cant' on said premises,'a stock or
merchandise of such size, character, and quality as is reasonable, designed to produce the
maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of
this lease.
Section 3.04 Competition
During the term of this lease, TENANT shall not directly nor indirectly engage in any
similar or competing business within a radius of five (5) miles from the location of said
premises, provided, however, that TENANT may, with.prior written approval from CITY, own
or operate more than one business, whether or not competing and similar along the Embarcadem
upon CITY lease sites. The purpose of this section is to prevent and prohibit TENANT from
reducing revenue to CITY by diverting business from his lease site operation to another similar
business owned by TENANT within the CITY but not upon a CITY lease site from which CITY
is paid rent based on gross sales. -
Section 3.05 Tidelands Trust
TENANT shall use and occupy said premises in complete compliance with the Tidelands
Trust purposes under which said premises or any portion thereof are held by CITY pursuant to
the grants from the State of California as set forth hereinabove. ._
11
E
,je.
i
Section 3.06 Compliance with Law
TENANT shall, at his sole cost and expense, comply with all of the requirements of all
local, municipal, county, state and federal authorities now in force, including but not limited to
Citv plannine, zoning and building codes, or which may hereafter be in force, pertaining to the
said premises, and shall faithfully observe in the use of the premises all local, municipal and
county ordinances and state and federal statutes, rules and regulations now in force or which may
hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of
TENANT in any action or proceeding against TENANT, whether CITY be a party thereto or not,
that TENANT has violated any such ordinance, statute, rule or regulation in the use of the
premises shall be conclusive of that fact as between CITY and TENANT.
Section 3.07 Waste or Nuisance
TENANT shall not commit or permit the commission by others of any waste on said
premises; TENANT shall not maintain, commit, or permit the maintenance or commission of any
nuisance as defined by law on said premises; and TENANT shall not use or permit the use of
said premises for any unlawful purpose.
Article 4 CONSTRUCTION, ALTERATION AND REPAIRS
Section 4.01 Construction Approval
Excepting as outlined in section 13.02 hereof TENANT shall not make or permit any
other person to make any alterations or structural additions or structural codifications to said
- premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed
fifteen thousand ($15,000) dollars, without the written consent of CITY first had and obtained as
follows:
Prior to the commencement of any phase of future construction, TENANT shall submit to
the Morro Bay Public Service Department for approval and recommendation to the CITY
Council, a development and improvement plan for the leased premises which shall provide for
the full and complete development of the leased premises, showing all facilities, structures,
landscaping or other improvements to be constructed or installed on each portion of the lease
premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of
construction, and installation of such improvements and a detailed schedule showing the
proposed commencement and completion date of each phase of the development and
improvement.
Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of
Engineers or any other agency having authority over the proposed project, Conditional Use
Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans
or permits shall be applied for and/or approved prior to any construction, alteration or repairs.
Section 4.02 Construction Bond
Excepting as outlined in section 13.02 hereof, prior to the commencement of any
construction the cost of which is greater than the amount of fifty thousand (S50,000) dollars,
TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered
Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and
installation of improvements on the leased premises. Said estimatemustbe submitted to the
CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful
performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in
an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the
faithful performance of TENANT or his contractor in the completion of said construction.
11
11
8
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 (50%) of the final detailed cost estimate, securing the payment of all claims for the
performance of labor or services on, or the furnishing of materials for, the performance of said
construction.
In lieu of the above referenced bonds, TENANT may post cash deposits or may make
other mutually satisfactory arrangements to guarantee the completion of construction projects. In
the event the contractor bonds the project he may name CITY as additional indemtutee to comply
with these requirements.
Section 4.03 Mechanics' Liens
At all times during the term of this lease, TENANT shall keep said premises and all
buildings and improvements now or hereafter located on said premises free and clew of all liens
and claims of liens for labor, services, materials, supplies, or equipment performed on or
furnished to said premises. TENANT further agrees to at all times, save CITY free and harmless
and indemnify it against all claims for labor or materials in connection with any improvement, .
repairs, or alterations on the leased premises, and the cost of defending against such claims,
including reasonable attorney's fees.
Should TENANT fail to pay and discharge or cause said premises to be released from
such liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT
shall upon written notification be required to immediately deposit with CITY a bond conditioned
for payment in full of all claims on which said lien or levy has been filed. Such bond shall be
acknowledged by TENANT as principal and by a company or corporation, licensed by the
Insurance Commissioner of the State of California to transact the business of a fidelity and surety
insurance company as surety. The beneficiary of any security instrument which instrument is on
record with CITY, shall have the right to file such a bond on behalf of TENANT. _
Section 4.04 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 leased premises.
The parties further agree that CITY also has the option and right to require TENANT to
remove all structures, installations, improvements of any kind or other property belonging to or
placed upon the leased premises by TENANT at the termination of this lease, however occurring,
providing CITY gives notice, in writing, no later than 30 days prior to the termination of the
lease, of its decision to require that such improvements be removed. If CITY exercises such
option and TENANT fails to remove such installations or improvements within 60 days after the
termination of this lease, CITY shall have the right to have such installations or improvements
removed at the expense of TENANT. If neither TENANT nor CITY exercise its option to
remove or require the removal of as the case may be the improvements and installations, then
title to such installations, structures and improvements shall vest in CITY and TENANT shall
not remove same.
Article 5 HYPOTHECATION OF LEASE`,
CITY shall not be responsible for notifying any lien or security interest holder in the
property of any default in the performance of the lease by TENANT unless the lien or security
interest holder shall have previously registered, with and notified CITY of such lien or security
interest and filed with the City Clerk a copy of same.
E
10
buildings, improvement, or improvements according to the original plan thereof or according to
such modified plans therefore as shall be approved in writing by CITY. The work of repair and
restoration shall be commenced by TENANT within one hundred eighty (180) days after the
damage or destruction occurs and shall be completed with due diligence not longer than one (1)
year after the work is commenced. In all other respects, the work of repair and restoration shall
be done in accordance with the requirements for original construction work on said premises set
forth in Article 4 of this lease.
Section 6.06 Inspection by CITY
TENANT shall permit CITY or CITY S agents, representatives, or employees to enter
said premises at all reasonable times for the purpose of inspecting said premises to determine
whether TENANT is complying with the terms of this lease and for the purpose of doing other
lawful acts that may be necessary to protect CITY S interest in said premises under this lease or
to perform CITY'S duties under this lease.
Section 6.07 Option to Terminate Lease for Destruction
Notwithstanding the provision of Section 6.05 of this lease, TENANT shall have the
option of terminating this lease on the last calendar day of any month by giving CITY at least
thirty (30) days prior written notice of TENANTS intent to do so and by removing, at
TENANTS own cost and expense, all debris and remains of the damaged improvements from
said premises where:
(1) Any buildings or improvements now or hereafter on said premises are so damaged or
destroyed by fire, theft, the elements, or any cause not the fault of TENANT, or CITY during the
last five (5) years of the term of this lease that they cannot be repaired and restored as required by
Section 6.05 of the lease at a cost not exceeding thin -five (35) percent of the cost of replacing
all buildings and improvements if totally destroyed then, immediately preceding the calamity
damaging or destroying the damaged buildings or improvements, located on said premises.
Section 6.08 Application of Insurance Proceeds
Any and all fire or other insurance proceeds that become payable at any time during the
term of this lease because of damage to or destruction of any buildings or improvements on said
premises shall be paid to TENANT and applied by TENANT toward the cost of repairing and
restoring the damaged or destroyed buildings or improvements in the manner required by Section
6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT
by Section 6.07 of this lease to terminate this lease because of damage to or destruction of
buildings or improvements on said premises, then, in that event, any and all fire or other
insurance proceeds that become payable because of such damage or destruction:
(1) Shall be applied first toward the reduction of the unpaid principal balance of the
obligation secured and discharging said premises from any then outstanding encumbrance or
encumbrances incurred by TENANT pursuant to Article 5 of this lease; and
(2) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY,
at least in part, for the loss to its fee estate of the damaged or destroyed buildings or
improvements.
Article 7 INDEMNITY AND INSURANCE
Section 7.01 Indemnity Agreement
TENANT shall indemnify and hold CITY and the property of CITY, including said
premises and any buildings or improvements now or hereafter on said premises, free and
harmless from any and all liability, claims, loss, damages, and expenses including attorney fees
9
11
C
Article 6 REPAIRS, MAINTENANCE AND RESTORATION
Section 6.01 Maintenance by TENANT.
At all times during the term of this lease, TENANT shall, at TENANTS 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. Furthermore, TENANT
shall, at TENANT'S own cost and expense, maintain at all times during the term of this lease the
whole of said premises as well as any improvements, landscaping, or facilities thereon in a clean,
sanitary, neat, tidy, orderly and attractive condition.
CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost
and expense, in the event TENANT fails to clean and clear said premises in accordance with this
Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY
of CITY's intent to exercise this option.
Section 6.02 Seawalls and Revetment
At all times during the term of this lease, TENANT shall at TENANT'S own cost and
expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, .
seawalls, revetment, piers, posts and any structures or other improvements located in the water
portion of the lease premises. Further TENANT shall at TENANTS own cost and expense
conduct maintenance surveys at reasonable intervals to locate and determine heeded repairs.
Section 6.03 Requirements of Governmental Agencies
At all times during the term of this lease, TENANT, at TENANT'S own cost and
expense, shall:
(1) Make all alterations, additions, or repairs to said premises or the improvements or
facilities on said premises required by any valid law, ordinance, statute, order, or regulation now
or hereafter made or issued by any federal, state, county, CITY or other governmental agency or
entity; -
(2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations
now or hereafter made or issued respecting said premises or the improvements or facilities
located thereon;
(3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law
prior to the instigation of any repair or maintenance activity.
(4) Indemnify and hold CITY and the property of CITY, including said premises, free
and harmless from any and all liability, loss, damages, fines, penalties, claims and actions
resulting from TENANTS failure to comply with and perform the requirements of this section.
Section 6.04 Failure to Repair
In the event failure to repair results in a hazardous or unsafe condition, CITY shall have
the right and option but not the obligation to close and prohibit access to the unsafe portion of the
leased premises until such repairs are completed and accomplished and the premises rendered
safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not
- constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of
this Article, requiring all necessary repairs, rebuilding or replacement. ,
Section 6.05 TENANT'S Duty to Restore Premises
Should, at any time during the tetra of this lease, any buildings or improvements now or
hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any
other cause not the fault of CITY, this lease shall continue in full force and effect and TENANT,
- at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building,
and litigation expenses resulting from TENANTS occupation and use of said premises,
specifically including, without limitation, any liability, claim, loss, damage, or expense arising
by reason of.
(1) The death or injury of any person, including TENANT or any person who is an
employee or agent of TENANT, or by reason_ of the damage to or destruction of any property,
"- including property, owned by TENANT or by any person who is an employee or agent of
TENANT, from any cause whatever while such person or property is in or on said premises or in
any way connected with said premises or with any of the improvements or personal property on
_ said premises;
(2) The death or injury of any person, including TENANT or any person who is an
employee or agent of TENANT, of by reason of the damage to or destruction of any property,
including property owned by TENANT orany person who is an employee or agent of TENANT,
caused or allegedly caused by either (a) the condition of said premises or some building or
improvement on said premises, or (b) some act or omission on said premises of TENANT or any
person in, on, or about said premises with or without the permission and consent of TENANT;
(3) Any work performed on said premises or materials furnished to said premises at the
= instance or request of TENANT or any person or entity acting for or on behalf of TENANT.
(4) TENANTS failure to perform any provision of this lease or to comply with any
requirement of law or any requirement imposed on TENANT or said premises by any duly
authorized governmental agency or political subdivision.
Section 7.02 Liability Insurance
- - During the term of this Lease Agreement, TENANT shall carry instuance in accordance
with Exhibit C attached hereto and incorporated as pan of this contract and such other insurance
_ as required by law. Lack of insurance does not negate the T'ENANT's obligation under this
- - LEASE. TENANT agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, TENANT shall look solely to its insurance for recovery, except
where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
TENANT hereby grants to the CITY, on behalf of any insurer providing insurance to either
TENANT or CITY with respect to the services (occupancy of premises) of TENANT herein, a
waiver of any right to subrogation which any such insurer of said TENANT may acquire against
the CITY by virtue of the payment of any loss under such insurance.
Maintenance of proper insurance coverage is a material element of this LEASE and failure to
maintain or renew coverage or to provide evidence of coverage and/or renewal may be treated by
the CITY as a material breach of contract. TENANT shall forward the CITY specification and
forms to TENANT's insurance agent for compliance.
CITY may at any time require TENANT to increase the minimum coverage limits for
insurance required by this lease, but every such increase shall be reasonable under the
circumstances and in no event shall such increases more than double in any ten year period,
except as required in Section 7.04.
Section 7.03 Worker's Compensation
TENANT shall maintain at TENANTS own expense and keep in full force and effect
during the term of this lease, Worker's Compensation Insurance as provided by law. Said
insurance shall contain a waiver provision of subrogation rights against CITY. -
F'-
12
Section 7.04 Fire and Casualty Insurance
TENANT shall, at TENANTS own cost and expense, at all times during the term of [his
lease keep all buildings, improvements, and other structures on said premises, as well as any and
all additions thereto, insured for one hundred (100) percent of their full insurable value by
insurance companies authorized to issue such insurance in California against loss or destruction
by fire and the perils commonly covered under the standard and special form endorsement to fire
insurance policies in the CITY of Morro Bay. Any loss payable under such insurance shall be
payable to TENANT, CITY, and any Lender under an encumbrance incurred by TENANT
pursuant to Article 5 of this lease as their interests may appear. Any, proceeds received because
of a loss covered by such insurance shall be used and applied in the manner required by Section
6.08 of this lease.
Section 7.05 Specific Perils to be Insured
• Notwithstanding anything to the contrary contained in Section 7.04 of this lease, the
insurance required by Section 7.04 of this lease shall, whether or not included in the standard
extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements,
and other structures on said premises, as well as any and all additions thereto, against loss or
destruction by water damage, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a
strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and
sprinkler leakage. Furthermore, the insurance required by Section 7.04 of this lease during the
construction of said building project described in Article 5 shall have course of construction,
vandalism, and malicious mischief clauses attached insuring said project during its construction
and all materials delivered to the site of said building project for their full inslrable value.
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 45 days deliver to CITY a certified certificate of
insurance as required by this Article of this lease and a copy of the additional insured
endorsement to the policy by the insurance company or companies or their authorized agent
evidencing such policy or policies. -
Section 7.07 Notice of Cancellation of Insurance
Each insurancepolicy required by this Article of this lease shall containea provision that it
cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days
prior written notice of the cancellation or reduction is given to CITY in the manner required by
this lease for service of notices on CITY by TENANT.
Section 7.08 No Subrogation
Each insurance policy, required under this lease including those insuring TENANT
against claims,expense, or liability for injury to persons or property shall provide that the insurer
shall not acquire by subrogation any right to recovery which TENANT has expressly waived in
writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against
CITY for each such claim, expense, liability, or business interruption. TENANT agrees that if
TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss
of fixtures or inventory or business interruption.
LI
13
Article 8 TAXES AND UTILITIES
Section 8.01 TENANT to Pay Taxes
TENANT shall pay, before delinquency, all taxes and assessments levied upon or
assessed to' TENANT on the lease premises by reason of said lease or of any equipment,
appliances, improvement, or other development of any nature whatsoever, erected, installed, or
maintained by TENANT or by reason of the business or other activity of TENANT upon or in
connection with said premises. TENANT shall pay all possessing interest taxes applicable to the
lease premises.
Section 8.02 TENANT to Pay License and Permit Fees
TENANT shall pay any fees imposed by law for licenses or permits for any business or
activities includine construction of TENANT upon the leased premises.
Section 8.03 Utilities
TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY
including said premises flee and harmless from all charges for the famishing of gas, water,
electricity, telephone service, and for other public utilities to said premises during the term of this
lease and for the removal of garbage and rubbish from said premises during the term of this
lease.
Article 9 CONDEMNATION
Section 9.01 Total 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 rent which shall be prorated to the date of termination,
except those specified in Section 9.02 of this lease.
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 pan of the said premises shall be paid to and be the sole prop", 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 partto the "good will" of TENANTS business shall be paid to and be the sole
property of TENANT.
(3) All compensation or damages awarded or payable because of any improvements
constructed or located on the portion of said premises taken by eminent domain where only a
portion of said premises is taken by eminent domain and TENANT is not entitled to or does not
terminate this lease. shall be applied in the manner specified in Section 9.04 toward the
replacement of such improvements with equivalent new improvements on the remaining portions
of said premises.
(4) All compensation or damages awarded or payable because of any improvements
constructed or located on the portion of said premises taken by eminent domain where this lease
14
11
is terminated because of the taking by eminent domain, whether all or only a portion of said
premises is taken by eminent domain, shall be 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 term 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 payable because 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. of,
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 ten (10) 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 fifth
through fifteenth (5' — 151h ) years of the term of this lease; and
(c) The sole and separate property of CITY during the last five (5) 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 takenfor any public or quasi -public use under any statute; or by right of eminent
domain, TENANT may, at TENANT'S option, terminate this lease by serving written notice of
termination on CITY within ninety (90) days after TENANT has been deprived of actual
physical possession of the portion of said premises taken for such public use. This lease shall
terminate on the first day of the calendar month following the calendar month in which the notice
of termination described in this section is served on CITY. On termination of this lease pursuant
to this Article, all sub -leases and sub -tenancies in or on said premises or any portion of said
premises created by TENANT under this lease shall also terminate and said premises shall be
delivered to CITY free and clear of all such sub -leases and sub -tenancies, provided, however,
that CITY may, at CITY'S option, by mailing written notice to a sub -tenant allow any sub -tenant
to attom to CITY and continue his or her occupancy on said premises as a TENANT of CITY.
On termination of this lease pursuant to this section, however, both CITY and TENANT shall be
released from all obligations, except those specified in Section 9.02 of this lease, under this lease.
Section 9.64 Rent Abatement for Partial Taking
Should, during the term of this lease, title and possession of only a portion of said
premises be taken under the power of eminent domain by any public or quasi -public agency or
entity and TENANT does not terminate this lease, then this lease shall terminate as to the portion
of said premises taken under eminent domain on the date actual physical possession of the
portion taken by eminent domain is taken by the agency or entity exercising the eminent domain
power. Furthermore, the rent payable under this lease shall, as of that time, be reduced in the
same proportion that the value of the portion of said premises taken by eminent domain bears to
the full value of said premises at that time; provided, however, that TENANT shall replace any
improvements or facilities with equivalent new facilities on the remaining portion of said
15
premises and do all other acts at TENANTS own cost and expense required by the eminent -
domain taking to make the remaining portion of said premises fit for the use specified in this
- -
lease.
Section 9.05 Conveyance in 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 CITY S Consent
Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise
transfer this lease, any right or interest in this lease, or any right or interest in said premises or
any of the improvements that may now or hereafter be constructed or installed on said premises
without the express written consent of CITY evidenced by resolution fin had and obtained. Any
assignment or transfer by TENANT without the prior written consent of CITY, whether it be
voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of
CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a
consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably
nor arbitrarily withhold it's approval to the assignment or transfer of this least 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 pan of the consideration for granting of this lease and said party does hereby agree
to maintain active control and supervision of the operation conducted on said premises.
Section 10.02 Transfer of Stock as 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 of this lease, any transfer or assignment.
of any stock or interest in the corporation totaling in the aggregate more than fora (40) percent
of all such stock or interest in the corporation shall be considered an assignment of this lease
requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to
a corporation of which TENANT owns 100% of the shares and any transfer of shares to a
shareholders spouse, children, or grandchildren caused by the shareholders death shall be
excepted from this provision.
Section 10.03 Application for Assignment
A condition of an assignment shall be TENANT shall file with the CITY an application
to assign the leasehold prepared by the prospective assignee. Concurrently with filing the
application, TENANT shall pay a reasonable fee in cash or certified or cashier's check to enable
CITY adequately to investigate the proposed assignee's qualifications as a permitted assignee.
CITY shall not be required to account for the use of the sum paid. If the proposed assignee's net
worth on the date of assignment is not sufficient to reasonably guarantee successful operation of
the leased premises, CITY may require TENANT to guarantee such assignee's obligations
hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which
the total of all assets shall exceed the total of all liabilities as determined in accordance with
16
11
general accepted accounting principles as approved by CITY'S auditor, or other authorized
representative or agent.
Section 10.04 Probate Transfer or Assignment
Nothing herein contained will prevent the transfer of this lease by will, or by operation of
law under the intestacy provisions of the California Code as it may from time to time be,
amended. Probate sale of the leasehold interest will not be permitted without the consent of the
CITY, evidenced by resolution, first had and obtained.
Section 10.05 No Sublease Without CITY'S Consent
TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any
other person (the agents and employees of TENANT excepted) to occupy or use the leased
premises, or any portion thereof, without the written consent of CITY evidenced by prior
approval of the Huber Director, provided the proposed use is within the permitted use of this
agreement. A consent to one subletting, occupation, or use by another person shall not be
deemed to be a consent to any subsequent subletting, occupation, or use by another person. Any
such subletting without CITY'S written consent shall be void, and shall at CITY'S option,
terminate this lease. City shall not unreasonably nor arbitrarily withhold its consent to one who
is qualified and financially reliable.
Section 10.06 Term of Sublease
In no event shall the term of any sublease extend beyond the term of this master lease.
Termination of this lease prior to the expiration of this lease term shall also terminate any and all
subleases, provided, however, that CITY may, at CITY'S option by mailing written notice to a
subtenant, allow any subtenant to attom to CITY and continue his or her occupancy on said
premises as a TENANT of CITY.
Section 10.07 SubTenant Subiect to Lease Terms
Any and all subleases 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 pan of TENANT and shall subject both the sub -tenant and TENANT
to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed
percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this
lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by
a subtenant under the terns of this lease.
Section 10.08 Consent Form Agreement
Prior to any consent by CITY to any sub -lease -hereof, TENANT shall cause to be
executed between TENANT and any sub -lessee an agreement making the CITY of Morro Bay a
third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound
by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that
any default by the sub -lessee of any of the terms, covenants and conditions of the master lease
shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY
for such violation, including termination of the master lease, shall immediately be enforceable by
CITY against TENANT. Further, it is agreed that TENANT must apply any and all monies
received from any sub -tenant first to the payment of obligations of the sub -TENANT to CITY.
Section 10.09 TENANT Remains Liable
Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily
and jointly and severally liable to CITY for all obligations due CITY by any sub -lessee,
IN
including the payment of rents, and TENANT shall agree that CITY may proceed directly
against TENANT for any obligation owing CITY by the sub -lessee.
Section 10.10 Exception for Boatslips
Notwithstanding any provisions herein to the contrary, the terms "assignment,"
"subletting," "occupation," or "use," shall not be construed or interpreted to mean or include the
temporary, short tern renting or leasing of boat slips, wharf, dock, buoys or fish receivers on the
premises.
Article 11 DEFAULT AND TERMINATION
Section 11.01 Abandonment by TENANT
Should TENANT breach this lease and abandon said premises prior to the natural
expiration of the term of this lease, CITY may continue this lease in effect by not terminating
TENANT'S right to possession of said premises, in which event CITY shall be entitled to enforce
all CITY'S rights and remedies under this lease including the right to recover the rent specified in
this lease as it becomes due under this lease.
Section 11.02 Termination for Breach by TENANT
All covenants and agreements contained in this lease are declared to be conditions to this
lease and to the term hereby demise to TENANT. Should TENANT default in the performance
of any covenant, condition, or agreement contained in this lease and the default not be cured
within thirty (30) days after written notice of the default is served on TENANT by CITY, then
CITY may terminate this lease immediately, and that in the event of such termination, TENANT
shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said
premises and shall have no further right or claim thereto and CITY shall immediately thereupon
have the right to re -eater and take possession of the leased premises subject to appropriate legal
process.
Section 11.03 Termination for Failure to Pay Rent
If any default be [Wade in the payment of rental as herein provided and such default shall
not be cured within three (3) days after written notice thereof, CITY shall have the option to
immediately terminate this lease; and that in the event of such termination, TENANT shall have
no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter
and take possession of the leased premises subject to appropriate legal process.
Section 11.04 Beneficiary May Cure Default
CITY shall afford the beneficiary in any security instrument of record with CITY on the
demise premises the right to cure any default by TENANT of the covenants, conditions, or
agreements hereof. within the period hereinabove mentioned after written notice thereof,.which
said period shall be computed from the date said notice is mailed by the CITY to said
beneficiary, by 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 is connection with the
default by the TEN.4-\T or enforcement of any of the terms, conditions, and covenants of this
lease, even though not resulting in an action in court, TENANT shall pay reasonable attorney's
fees as reimbursement to CITY. Non-payment of attomeys' fees by TENANT within (3) days of
written notice shall give rise to an independent legal action by CITY to collect same. If CITY is
successful in such legal action CITY shall also be entitled to attorney fees and costs for the
collection action.
18
E
Section 11.06 Damages for Breach
Should TENANT default in the performance of any covenant, condition or agreement
contained in this lease and the default be incurable or not be cured within the time period set
forth hereinabove, then CITY may terminate this lease and:
(1) Bring an action to recover from TENANT:
(a) The worth at the time of award of the unpaid rent which had been earned at the
time of termination of the lease;
(b) The worth at the time of award of the amount by which the unpaid rent which
would have been earned after termination of the lease until the time of award exceeds the amount
of rental loss that TENANT proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount of rental loss that TENANT
proves could be reasonably avoided; and
(d) Any other amount necessary to compensate CITY for all detriment proximately
caused by TENANT'S failure to perform his obligations under this lease; and
(2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this
section, to re-enter and regain possession of said premises in the manner provided by the laws of
unlawful detainer of the State of.California then in effect.
Section 11.07 Cumulative Remedies
The remedies given to CITY in the Article shall not be exclusive but shall be cumulative
with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in
this lease.
Section 11.08 Waiver of Breach
The waiver by CITY of any breach by TENANT of any of the provisions of this lease
shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either
of the same or a different provision of this lease.
Section 11.09 Surrender of Premises
On expiration or sooner termination of this lease, TENANT shall surrender said premises,
all improvements in or on said premises, and all facilities in any way appertaining to said
premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear
excepted.
Article 12 MISCELLANEOUS
Section 12.01 Attorney's Fees
Should any litigation be commenced between the parties to this lease concerning said
premises, this lease, or the rights and duties of either in relation thereto, the party, CITY or
TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be
granted in the litigation, to a reasonable sum as and for his attorney's fees in such litigation which
shall be determined by the court in such litigation or in a separate action brought for that purpose.
Section 12.02 Notices
Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY,
shall be in writing. They shall be served either personally, or by registered or certified mail.
Any notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City
Hall, Morro Bay, Califomia. Any notice or demand to TENANT may be given at:
19
Driscoll Marina
4918 N Harbor DR
San Diego CA 92106
Such addresses may be changed by written notice by either party to the other party.
Section 12.03 Governing Law
This lease, and all matters relating to this lease, shall be governed by the laws of the State
of California in force at the time any need for interpretation of this lease or any decision or
holding concerning this lease arises.
Section 12.04 Binding on Heirs and Successors
Subject to the provisions herein relating to assignment and subletting each and all of the
terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit
of the heirs, executors-, administrators, successors, and permitted assigns of any and all of the
parties hereto; and all of the parties hereto shall bejointly and severally liable hereunder.
Section 12.05 Partial Invalidity
Should any provision of this lease be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full
force and effect unimpaired by the holding.
Section 12.06 Sole and Only Agreement
This instrument constitutes the sole and only agreement between CITY and TENANT .
respecting said premises, the leasing of said premises to TENANT, or the lease terms herein
specified and correctly sets" forth the obligation of CITY and TENANT to each other as of its
date. Any agreements or representations respecting said premises, their leasing to TENANT by
CITY, or any other matter discussed in this lease not expressly set forth in this instrument are
mill and void. No modification, amendment, or alteration of this lease shall be valid unless it is
in writing and signed by both parties.
Section 12.07 Modification
This agreement shall not be modified except pursuant to a written agreement executed by
the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding
CITY Council approval, no agreement shall become effective until such agreement is in fact
executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may
not be modified by oral statements by any person representing the CITY including the MAYOR
and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral
waivers, or purposed oral modifications and agrees not to rely upon purported written
modifications unless they meet the requirements of this paragraph and are approved in writing
pursuant to formal City Council action and a subsequent written modification signed by the
MAYOR and CITY CLERK -
Section 12.08 Time of Essence
Time is expressly declared to be the essence of this lease.
Section 12.09 Memorandum of Lease for Recording
Neither part, CITY or 'TENANT, shall record this lease without the written consent -of
the other. However. CITY and TENANT shall, at the request of either at any time during the
term of this lease, execute a memorandum or "short form" of this lease for purposes of, and in a
20
form suitable for, being recorded. The memorandum or "short form" of this lease shall describe
the parties, CITY and TENANT, set forth a description of the leased premises, specify the term
of this lease, and shall incorporate this lease by reference. '
Section 12.10 Termination for Nuclear Disaster
This lease may be terminated by TENANT by ten day written notice in the event of a
nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the
declaration of war by the United States of America.
Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE
The following provisions apply to this lease site only:
Section 13.01 Termination of Prior Lease
CITY and TENANT hereby mutually agree that the three year lease for Lease Site
129W/133 W between Driscoll Marina Limited and CITY executed on April 14, 2000 is hereby
terminated and dissolved effective September 30, 2001 at 12:00 p.m. in consideration of
execution of this new lease for the premises which shall take effect immediately upon
termination of the prior lease.
Section 13.02 Construction of Improvements
CITY and TENANT agree that TENANT will construct real property improvements on
the premises as outlined in and conformance with CUP 808-01 approved in concept by the City
Council including any subsequent approved amendments and extra container storage.
TENANT agrees to obtain the final building permit and commence construction of the
improvements no later than October 1, 2001.
TENANT shall complete said real property improvements in compliance with CUP 808-
01 as evidenced by issuance of a certificate of occupancy no later than July 1, 2002 or this
agreement shall be in default and subject to termination or other remedies as outlined in Section
11 hereof.
TENANT agrees to assume all risk of permitting, design, engineering review and
construction on the site.
During construction of the improvements, TENANT shall take all measures to:
1. Avoid any pollution of the atmosphere or littering of land or water by or originating
in or about the premises or caused by TENANT's construction activities;
2. Keep the noise level on the premises to a minimum so that persons in the
neighborhood will be able to comfortably enjoy business and facilities in the area;
3. Prevent any pollutants including petroleum products from entering Mono Bay;
4. Avoid negative impacts on surrounding businesses:
5. Prohibit storage of materials or equipment on public property and avoid puking or
traffic delays or impairment without prior consent of the CITY;
6. Keep the construction site in a sightly, orderly and safe manner at all times.
Section 13.03 Existing Security Deposit Refunded
Under the lease dated April 14, 2000 TENANT paid to CITY on April 26, 2000 a security
deposit of $11,075. The lease of April 14, 2000 is hereby terminated and CITY desires to refund
TEMO NT's security deposit in consideration of TENANT's investment in CITY property
assured by this new lease agreement. CITY herby agrees to refund TENANT's security deposit
of $11,075 within 30 days of execution of this new lease.
21
Section 13.04 Equipment List and Storage Container Unit Offslte
Certain equipment has been installed on the site and shall remain the property of
TENANT upon termination of this lease. TENANT's equipment includes but is not limited to
I. 40 ft. low cube freezer unit manufacturer's container #131,733
2. Ice grinder.
CITY has purchased and installed certain equipment that shall be included in this lease,
will be the responsibility of TENANT to maintain in good safe condition and repair, and shall
remain the property of CITY upon termination of this agreement. CITY equipment is
1. Fish hoist
2. Nippon Hi -cube freezer unit manufacturer's container #D-3348
In addition, TENANT shall have the right to store one dry storage container unit and up to two
freezer transport units off the premises at a site designated by CITY with prior approval of the
CITY's Harbor Director. '
EXECUTED on D u.o. z� ' 20 01 at
/V\ County, California.
CITY OF MORRO BAY
�t'D
ATTEST:
APPROVED AS TO FORM:
3
DRISCOLL'S WHARF -SEAFOOD, INC.
, OFFICER
El
C
0
E
_
EXHIBIT B
PERCENTAGE OF GROSS SALES RENT
FOR CITY LAND AND WATER LEASE
LEASE SITE 129W/133W
ALL GROSS SALES FROM RETAIL SALES INCLUDING ALL FISH MARKET
SALES AND TAKE-OUT FOOD:
5%
_
ALL OTHER TYPES OF GROSS SALES NOT SPECIFICALLY LISTED
-
HERE:
5%
ALL GROSS SALES FROM BERTHING AND UNLOADING FEES,
- _
WHOLESALE FISH SALES, ICE SERVICES AND WHOLESALE FISH
=
STORAGE OR HANDLING FEES:
0%
M29M-/33;1'L BDOC
EXHIBIT C.
CITY OF MORRO BAY
595 Harbor St
Morro Bay, CA 93442
:(805) 772-6200
FAX (805) 772-7329
INSURANCE REQUIREMENTS FOR LESSEES
(NO AUTO RISKS)
-Lessee shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. -
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001). .
2. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance (for lessees with employees).
- 3 Property insurance against all risks of loss to any tenant improvements or `
betterments:
Minimum Limits of Insurance :
Lessee shall maintain limits -no less than:
1. General Liability: ' $1,000,000 per occurrence for bodily injury,
personal injury and property damage:_ If
: Commercial General Liability Insurance or other
form with a general aggregate limit -is used, either
the general aggregate limit shall apply separately to
this project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty
provision.
40 Spec C 1
City of Morro Bay ti
Insurance Requirements for Lessees
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee,
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is. to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of ownership, maintenance or use of .
that part of the premises leased to the Lessee.
2. The Lessee's insurance coverage shall be primary insurance as respects the City, .
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its. officers, officials, employees, or volunteers shall be
excess of the Lessee's insurance and shall not contribute with it...
.. 3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled, except after thirty (30) days' prior written. notice
by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or
on other than the City's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved by the City
before use of City premises. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements effecting the coverage required by these .
specifications at any time.
Spec C 2
:ERTIFICATE OF INSURANCENEOA E MMmaY�
Nty of Morro Bay
RODUCER
THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POUCIES BELOW.
"
} BESTS
COMPANIES RATING
COMPANY
-
LETTER A
COMPANY -
ISURED
LETTER B
-
COMPANY
-
LETTER C
'" --
COMPANY
LETTER D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE
POLICY EXPIRATION
TYPE OF INSURANCE
-EDATE
MMIO ,
DATE MMIDALL
LIMITS IN THOUTHOI ISANDS
GENERAL LIABILITY -
-
GENERALAGGREGATE
$
PRODUCTS-COMPNPS AGGREGATE
S
❑ COMMEROMLGENERALUABILRY
PERSONAL&ADVERTISING INJURY
s
❑ CLNMSMADEQ OCCUR. -
EACH OCCURRENCE
s
❑ OWNERS&CONTRACTORSPROT.-"
-
-
-
FIRE DAMAGE (AM om fire)3
- '
❑
-
-
- _
MED. EXPENSE ona penan)
$
AUTOMOBILE LIABILITY .
COMBINED SINGLE
s
❑ ANY AUTO
-
UMIT
BODILY INJURY
s
❑ ALL OWNED AUTOS'.
❑ SCHEDULEDAUTOS
rpenpn)
.
BODILY INJURY -
s
❑ HIREDAUTOS
❑ " NON-0wNEDAUTOS
-
Pvx deno
PROPERTY DAMAGE
s .
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
s
-
..
AGGREGATE -
s
❑ . UMBRELLA FORM - —
OTHER THAN UMBRELLA FORM
❑ WORKER'S COMPENSATION
STATUTORY LIMITS
s
EACH ACCIDENT
s'
AND
DISEASE - POLICY LIMIT
s
EMPLOYERS'LIABILITY
- -
DISEASE. EACH EMPLOYEE
&
-
PROPERTY INSURANCE
AMOUNT OF INSURANCE
' COURSE OF CONSTRUCTION
-
-
-
)ESCRIPTION OF OPERATIONSILOCATIONNEHICLESIRESTRICTIONISPECWL ITEMS
rHE FOLLOWING PROVISIONS APPLY: .
None of the above -described policies will be canceled until after 30 days' written notice has been given to the City at the address Indicated below. -
The City, its officers, officials, employees and volunteers are added as Insureds on all liability Insurance policies listed above.
It is agreed that arty Insurance or self-insurance maintained by the City Will apply in excess of and not Contribute with the insurance described above - -
The City is named as a loss payee an the property insurance described above, if any. - - -
. All rights of subrogation under the property insurance policy Hated above have been waived against the City. "
The workerscompensation insurer named above, if any, agrees to waive all rights of subrogation against the City for injuries to employees of the insured resulting
from work for the City or use of the City's premises or facilities.. -
:ERTIFICATE HOLDER/ADDITIONAL INSURED.
AUTHORIZED REPRESENTATIVE _ -
City Of MORO Bay _ -
SIGNATURE
595 Harbor Street -
Morro Bay, CA 93442
TITLE
(805) 772-6200
'
PHONE NO.
11
C
nlrance'Form #1
IV. a101
Reproduction of Insurance Services Office, Inc. Form
INSURER: ISO Form CG 20 11 11 85 (Modified)
POLICY NUMBER: Commercial General Liability
®. ENDORSEMENT NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — MAINAGERS OR LESSORS OF PREMISES
?his endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
SCHEDULE
1. Designation of Premises (Part Leased to You): .
2. Name of Person or Organization (Additional Insured): City of Morro Bay
3. Additional Premium: 1
(If no entry appears above, the information required to complete this endorsement .
will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule', but only with respect to liability arising out of the ownership, maintenance or use of that part of the
premises leased to you and shown in the Schedule and subject to the following additional exclusions
This insurance does not apply to:
® 1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the person
or organization shown.in the schedule.
Modifications to ISO form CG 20 11 11 85:
I_. The Insured scheduled above includes the Insured's elected or appointed officers, officials,
employees and volunteers.
2. This insurance shall be primary as respects the Insured shown in the schedub above, or if
excess, shall stand in an unbroken chair of coverage excess of the Named Insured's scheduled
underlying primary coverage.. In either event, any other insurance maintained by the Insured
scheduled above shall be in excess of this insurance and shall not be called upon to contribute
with it
i
3. The insurance afforded by this policy shall not be canceled except after thirty days prior written
notice by certified mail return receipt requested has been given to the City.
Signature -Authorized Representative
Address
® CG 20 11 1185 Insurance Services Office, Inc. Form (Modified)
Insurance\Form#3
Rev. 8/01
RESOLUTION NO. 55-01
® APPROVAL FOR EXECUTION OF A PLA\`NING/TECHNICAL ASSISTANCE
GRANT APPLICATION TO THE STATE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT
DOCUMENTS AND ANY AMENDMENTS THERE TO AND AUTHORIZING THE
HARBOR DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT
WITH APPLIED DEVELOPMENT ECONOMICS TO ASSIST WITH
GRANT APPLICATION AND ADMINISTRATION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS. the State of California provides funding through the State Community
Development Block Grant fund for planning and technical assistance with projects that will
potentially benefit lower income groups; and.
WHEREAS, the City of Morro Bay; in conjunction with Driscoll's Wharf, is working on
a redevelopment plan for the site adjacent to the North T-Pier which will include development of
a seafood processing facility; and.
WHEREAS, the City of Morro Bay has reviewed and hereby approves an application for
up to $35,000 for Infrastructure Requirements and Funding for development of a local seafood
processing plant; and.
® WHEREAS the City Council has determined that federal Citizen Participation
requirements were met during the development of this application; and.
WHEREAS, THE city issued a request for proposals for a consultant to assist the City in
grant application and administration; and.
WHEREAS, based on the response to the RFP. the City has determined that
Applied Development Economics is fully qualified and capable of fulfilling that consultant role;
and.
WHEREAS. if the grant is approved, the City Council hereby approves the use of
Harbor Funds in the amount of $5,600 to be used as the City's cash match for this project; and.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the Harbor Director is hereby authorized and directed to act on the City's behalf on all
matters pertaining to the application: and.
BE IT FURTHER RESOLVED, that if the application is approved, the Mayor is hereby
authorized to enter into and sign the grant agreement and any subsequent amendments with the
State of California for the purposes of the grant.
Resolution No. 55-01
Page Two
® BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized to enter
into a contract with ADE to assist the City with grant application and administration.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13 h day of August, 2001, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
(..
E
REQUEST FOR PROPOSALS
to be submitted by July 16, 2001
Consulting Services for Preparation of Grant Applications
Implementation of Grant Projects
Grant Administration
City.ofMorro•Bay - .s
For preparation of grant:applications, implementation of grant projects and grant
ddroinisr;iitiori,Tfof Wit erfront-Eoonomic Development projects-,r•
The.Cityof Morro:Bay Harbor Depaitment is soliciting proposals,from,qualified
. rt candidates and consulting firms to,provide services in support of the City'.s participation
in the.Economic Development component for the State of California small cities
Community Development Block Grant.(CDBG) program and/or other related programs.
The City of Morro Bay Harbor Department acquired a CDBG Planning/Technical
Assistance grant in-1991 to study methods for, retaining the seafood processing industry
on the Morro Bay.."terfront• That study recommended development of a niche
processing plant in the -area of a City,owned dock property known as Lease Site 129W-
133 W:YiThe City has leased the.dock to a potential developer. of a custom pack tuna
® canneryprojeot on the 7 site: The tenant:is financially qualified but tlie;deyelopment may
be economically marginal due in large part to the additional development costs of a
coastal facility especially as it relates to relatively expensive fresh water use. In the
interim the tenantis operating the dock as a fish buying station and retail fish -market
while long-term redevelopment plans are undertaken.
The first task of the requested services include the preparation of Planning/Technical
Assistance grant application to study a) available state, federal or financial grant
assistance programs that may be applicable to this project, and recommend how the City
can best participate with the developer in an important coastal dependent industrial
enhancement,_and b) analyze the developers water/wastewater/ice production needs and
recommend alternatives for water reclamation, fish waste recycling and ice production
facilities to reduce City fresh water and utility services usage, with associated economic
benefits.
In the event the Planning/Technical Assistance application is funded, the consultant will
also be expected to implement the project study and administer the grant. In addition, the
consultant maybe asked to research other grant opportunities and determine if there are
potential projects appropriate for application. Other grant application, grant
implementation and grant administration services may include CDBG economic
enterprise fund, CDBG over the counter program and other state, federal and foundation
grants related to economic development.
10
^_-'Requtrrfor PwposaLi
,Pagt2,f3' '
E
Responses to this RFP must be submitted to:: City Hall
City of Morro Bay
r Attn: Rick Algert
595 Harbor ST "
Morro Bay CA 93442
No later than 5:00 PM, June 16, 2001.
Responses fo the�RFP are to be submitted in the"following format:
1. QUALIFICATIONS
a. A brief history and summary'of your firm's qualifications. A statement of
:. • „your_firm's policy regarding affirmative`actionarm nd indication if your fi
is a small business and/or a minoiity'or woman -owned business: -
li. The experience of your'firm as it pertains to the changing California
econorriy; waterfront communities, Central California Coast areas and
smaller California municipalities.
C. The experience of your firm as it pertains to the successful preparation of
federal arid state economic development grants:and loan applications:
Please include a list_of grants for which your firm'prepared the'application
and -any CDBG grant -funded projects'for which your firm_conducted the
work. -
d. The experience of your firm as it pertains to conducting economic
development studies and analyses, analyzing community opportunities
and/or need and determining appropriate actions to be taken. Include your
experience in identifying and accessing funding sources to assist with the
implementation actions.
e. The experience of your firm as it pertains to identifying and accessing
funding and accessing funding sources to assist with the economic
redevelopment of a small Central California Coast community:
f. Provide a description of the specific tasks completed on grant projects
implemented and grant programs administered by your firm. Include the
name, address and phone number of a contact person for several agencies
for which you have prepared grant applications and/or implemented grant
projects.
A:ADA9NN310ZFPGP 4NT APPS
�-ai.�-:.�..r: RrgrretJfar,Pi°p°sc4_
1
E
2. .PROPOSED SCOPE'OF-WORK .1._,,:
A discussiod of how your fine proposes to provide the requested services over an
estimated thide-year penods; beginning with the preparation of the 2001-2002
CDBG"Planning/Technical Assistance application.
-c
3. PROJECT PERSONNEL AND 'THEIR AVAILABILITY
Resumes of the key personnel fromyouurLhi who would be assigned to perform
the services as described
4 COST OF PROPOSED SERVICES
tc -•,A 2.,.,.: _ i G:. l+l S° 'r [j n rf �n f iad !} r„J
Cost estimate for preparation of the - 200YCDBG Plannmg/l:echnical
ministratio in the
. Y ),:Assistance Gran't,application, pro�ect,implementation and ad _ n,
-event the application is funded Discuss the basis your firm proposes for
determining, the cost of the requested consulting, services, including fee schedules,
for the term of the contract.. Provide specific information on how the cost of a
work program task would be determined and billed.
The City reserves, the right to reject anyiand all proposals, submitted; to request
clarification of services submitted; to request additional information from competitors;
and;to waive, tiny irregularity, in the proposal and review process, as long as City
sptOcedures rematn consistent.with:CDBG.procurement requirements The City may
select one "consulting fir_ moor a combination of consulting firms to provide the range of
services requested.
Contact Information: The, projectmanager for the City, on this project�will be:
Rick Algert -
Harboi• Director
(805)772-6259
Upon selecting a consultant th@City, will submit a professional services contract for the
consultant's consideration acid execution:L,
. _.
.44DWNA32/1ZFP GR1 NT APPS
Ll
4
PROPOSAL
CITY OF MORRO BAY
THREE YEAR GRANT SERVICES
July 16, 2001
Prepared for
Rick Algen
City of Morro Bay
Prepared by
Applied Development Economics
1029 J Street, Suite 310 • Sacramento, California 95814 • (916) 441-0323
2029 University Avenue • Berkeley, California 94704 • (510) 548-5912
www.adeusa.com
L
0
-. I. INTRODUCTION
Applied Development Economics, Inc. is
pleased to respond to the City of Morro
Bays Request For Proposals For Grant
Services. -The City is seeking professional
economic development services required
for the City's-participation in a variety of
grant programs including the economic
development component of the State
.: Applied Development Economics
Small Cities Community Development
Block Grant (C DBG) Program The
services are requested for up to three
years. The discussion of ADE's capacity
and proposed services is presented as
-outlined in the Table of Contents, which
addresses all the questions in the RFP.
t
- Page /
23 continued
ADE's Experience with the State CDBG
Program
As one of approximately 180 communities
participating in the State Small Cities
CDBG program, the City of Morro Bay
has the annual opportunity (up to
$870,000 annually) to partner with CDBG
funds to accomplish significant
community projects. The CDBG
program is an excellent resource to the
City and it is important that each grant -
funded project be carried out satisfactorily
so that the City maintains its eligibility to
apply for future funds. AIDE has worked
within the CDBG program extensively, .
linking the program's purpose with the
needs and opportunities of individual
communities.
CDBG Application. As of August 2000,
AIDE has prepared over 97 applications in
every component of the CDBG program
with a 99% success rate.
CDBG Grant Implementation. ADE
implements many of the
phriping/technical assistance projects
funded by the CDBG program. A list of
the projects which AIDE has implemented
can be found on the following page. In
each study ADE works closely with the
local jurisdiction to develop the
information and capacity which caries
out the project described in the grant
application and enables the community to
proceed once the grant project is
completed. ADE's economic
development expertise is woven
throughout each project
A form of grant implementation services
which AIDE has added in recent years is
the Activity Delivery services associated
with a CDBG Economic Enterprise Fund
grant. This type of grant funds the
establishment and operation of a Business
Revolving Loan Program ADE is
presentlyproviding these services to the
City of San Joaquin, the City of
Riverbank, the City of Colfax, and Yolo
County.
CDBG Grant Administration. ADE
administers CDBG grants when requested
bythe local jurisdiction. ADE's extensive
experience with the CDBG program and its
staff ensures that ADE conducts the grant
administration services in a manner
consistent with the requirements of the
CDBG program as well as the needs of
the individual community. In several
cases ADE has been asked by CDBG
staff to assist a "community that had
developed considerable problems with its
grant compliance. AIDE is also asked to
conduct workshops regarding CDBG
grants, and its work is used as a model for
other consultants and communities.
Applied Dmlopmeat Economics Page 16
APPLIED DEVELOPMENT ECONOMICS 2n2/00
CALIFORNIA CDBG PROGRAM (1989 through 1999)
Grant Applications: 97 (Applications prepared, submitted and funded.)
Alpine County (3)
Industrial site potential; Housing needs assessment
Amador County
Business attraction, expansion, retention program
City of American Canyon (2) Target industrystudy and marketing strategy; Infrastructure planning
Cityof Angels
Business expansion/attraction (economic strategy)
City of Arroyo Grande (3)
• Economic opportunities study; Marketing strategy; Home -based business development plan
City of Auburn
Airport road improvements
Calaveras County (4)
Business expansion/attraction, Recycling development study; RLF feasibility; EEF
City of Coalinga
Labor force analysis...
City of Corning
Off -site infrastructure for food -processing plant
City of Dinuba (4)
Retail/services market analysis; Water tower construction; Entertainment feasibility; RLF study
City of Dixon (4)
Economic development planning; 2,Revolving loan fund EEFs; Fire station reuse plan
City of Dorris
Economic development strategy '"
City of El Centro (5)
Downtown revitalization; Target industry study;'Cross border marketing plan; Industrial park
infrastructure planning; Inter -modal transportation center, Parking improvements
El Dorado County
Airport industrial feasibility study -• ;=.:c:cs
City of Fowler (2)
Industrial corridor.feasibility study; Industrial park implementation plan
City of Gonzales (4)
`Industrial iri i-esmicture & feasibility study; Affordable housing study; Winery feasibility; Downtov
revitalization study
City of Hughson (2)
EEF for business revolving loan fund; Public infrastructure analysis
Kings County (3)
Infrastructure construction; Business development marketing strategy; Jobs impact study
City of Los Banos (2)
Downtown revitalization; Rail site feasibility study
County of Mariposa (2)
Community" Infrastructure; Transportation, Commercial and Bower Cave study
City of Mendota (2)
Infrastructure planning
Merced County (3)
Planada infrastructure; Affordable housing study; Business & economic opportunities study
County of Monterey
Infrastructure construction and shelter construction
City of Morro Bay (4)
Business retention and expansion study; 2.Water reclamation feasibility studies; Infrastructure
planning
City of Newman
Revolving loan fund feasibility study.
City of Placerville (2)
Business attraction and downtown revitalization; Revolving loan funds
..
City of Plymouth
Downtown` revitalization study; ' % -
City of Rio Vista (2)
Airport industrial feasibility; Relocation impact potential
City of Riverbank (2)
Marker and site development analysis: Target area identification and public works analysis
County of Shasta
. Facility construction for business incubator.: -
City of San Joaquin (12)
Industrial park . feasibility; Infrastructure planning (2); Commercial feasibility; Downtox
revitalization; Community center and Fire station; Loan to manufacturing business; Housi
rehabilitation program and Fire safety infrastructure; 3 Business assistance program EEFs; Industr
site planning and infrastructure. analysis
City of Scotts Valley (2)
Retail market analysis; Hotel construction
City of Soledad (5)
Off -site Infrastructure for food -processing plant; Fire services facilities planning; Housing and n,
construction; Commercial development planning; Comparative market assessment
City of So Lake Tahoe (2)
Downtown revitalization; Housing rehab program design
City of Susanville
Business revolving loan funds
City of Waterford (2)
Community development strategic plan; Infrastructure analysis
City of West Sacramento (7)
Economic development strategy; Target industry marketing strategy; Hotel feasibility study;
Fumiture mart design center feasibility study; 2 Business revolving loan fund EEFs;
Telecommunications infrastructure study
City of Willits
New facility construction
County of Yolo (3)
Focused target industry study; Business revolving loan fund EEF; Airport market feasibility stud_
Consulting Projects: 74 (See project matrix for topics.)
County of Alpine (2)
City of Coming Cityof Gridley City of Newman (3) City of Soledad
County of Amador
City of Dinuba (3) City of Gustine City of Oroville City of S. Lake Tahoe (2)
City of American Canyon
City of Dixon (2) City of Hanford City of Placerville County of Tulare
City of Angels
City of Dorris City of Hughson City of Plymouth County of Tuolumne
City of Arroyo Grande (2)
City of El Centro (4) City of lone - City of Rio Vista (2) City of Waterford
County of Calaveras (3
County of El Dorado City, of Los Banos City of Riverbank (2) City of West Sacramento r
City of Clearlake (2
City of Fowler' County of Mariposa City of San Joaquin County of Yolo
City of Coalinga
County of Glenn County of Merced City of Scotts Valley City of Yreka
City of Corcoran
City of Gonzales City of Morro Bay (3) - County of Shasta
Grant Administration: 66 (See project matrix for topics.)
City of American Canyon
City of Dinuba (3) City of Gonzales (4) County of Merced City of San Joaquin ( I
City of Angels
City of Dixon (4) City of Hughson (2) City of Morro Bay4) City of Scotts Valley (:
City of Arroyo Grande (2)
City of El Centro (4) County of Kings City of Newman (3) City of Soledad (3)
County of Calaveras (3
County of El Dorado City of Los Banos (2) City of Placerville City West Sacramento
City of•Coalinga *
City of Fowler (2) County of Mariposa City of Riverbank (2) County of Yolo (2)
3. PROPOSED SCOPE OF WORK
In response to the City of Morro Bays
Request for Proposals (RFD), ADE
proposes the following services for the
three years of services described in the
RFP.
Task (.'Funding Resource Base
ADE will review its funding resource base
for funding opportunities for economic
development and related community
development.
Task 2. Specific Funding Research
ADE will research specific economic
development (and related community
development) funding opportunities
available to the City. With each
grant/loan opportunity, ADE will take
into account the following factors for
their relevance to City interests.
• Eligibility of applicant
• Location/population of the
jurisdiction
• Eligibility of project (the type of
activity
• "Need" -information
• Necessary and appropriate test
• Conditions
• Partners
• Documentation
• Amount of funding and timing of
funds
• Application cycle and process
• Availability of funds
• Project
• 'Level of effort
Priorities
Task 3. Project Development
ADE will assist with project development
between City and funding source in the
event the City wishes to proceed with a
potential project for funding. This task
includes assisting the Citywith developing
the project concept, the necessary
partners, the timing, the relevance to the
funding source, the necessary local match,
the necessary, documentation,
understanding of the grant obligations,
and liaison with the funding source on
behalf of the City.
Task 4. Application Preparation
The City is eligible for a variety of ®BG
grants each year, which are guided by
funding cycles and speck periods of
application. The City is also eligible for a
number of grants from other programs,
such as EDA, USDA, REDID, the
Infrastructure Bank, US EPA Biownfields
and others. ADE will work with the City
throughout the contract period to match
projects to the most appropriate funding
opportunity, and determine if the City
wishes to proceed with application. Once
a grant topic is identified; ADE will work
with the City to develop the application.
The division of labor between ADE and
Applied Development Economics
Page /9
City staff willbe determined on each
project -
At the direction of the City, and to the
extent requested, ADE will prepare for
submission any and all of the following
applications:
• CDBGEconomic_Development
Planning and.Technical Assistance
Grant applications for the years
2001,2002 and 2003.
• CDBG Economic Development Over -
the -Counter applications for the years
C
2001, 2002, and 2003.
• CDBG Economic Development
Economic Enterprise applications for
2002; 2003.
the years 2001, and
. Other applications. funded from
federal, state or private sources for the
purposes of economic development or
related community development.
Typical.tasks include:
■ Work with City staff to determine an
overall program design that is
appropriate for grant application, and
the tasks which best implement the
program design.
■ _ Advise the City of the appropriate
final product associated with the
"Scope of Work; and incorporate the
commitment into the grant
'application.
Develop the necessarystructure and
strategyof the application and
proposed project, including necessary
partners, federal and *state obligations,
required documentation, City
priorities, and competitive factors if
appropriate.
Work with City staff to determine the
costs of the various tasks and the
overall amount of the grant request.
Throughout, ADE will ensure that the
City and the CDBG. program get
maximum value for the CDBG funds
and local match funds that are
provided.
• • Advise the Cityon the required local
match, acceptable sources, and
appropriate commitment documents.
Advise the City on the Citizen
Participation requirements, prepare
draft documents such as the Public
Hearing notices, and attend public
meetings to the extent requested.
Advise the City on the appropriate
documents and will draft such
documents for signature by City
officials. ADE will advise the City on
appropriate enclosures relevant to the
topic of the grant application and will
either obtain or prepare them
Prepare a draft grant application for
review by the City. Once review is
complete, ADE will prepare a final
grant application and deliver it to the
State CDBG program An official
copy will be trade for the City.
Task S. Implementation of Funded Grants
For those grants which require
implementation services, such as an
economic development planning study or
activity delivery for a business loan
piograrri, ADE will provide those services
which are within its area of expertise.
ADE's expertise includes all forms of
economic development consulting, all
,Applied Development Economics - — - _ - - Page 20
forms of activity delivery for CDBG
Economic Development grants, and the
use of subconsultants for portions of
economic development projects which
require expertise not provided by ADE,
such as engineering assistance as part of
an economic development planning
project. Once a grant is funded, ADE
will determine with the City what role is
requested of ADE and the extent of the
role. In each case, the City and ADE will
be guided by the content of the grant
application and the City's obligation
contained in the ultimate agreement
executed between the City and the
granting agency. With regard to CDBG
economic development grants specifically,
ADE is prepared to implement the Gty's
2001-2002 and 2002 -2003 ED Planning
Grants, and OTC and/or EEF grants in
those years. ADE is also prepared to
implement other grants, such as HCD
grants, which require economic
development services.
Task 6. Grant Administration
Each grant which is funded carries with it
City obligations to comply with federal
and state laws, regulations, and reporting
requirements. ADE will, if the City
desires, provide full services necessary to
ensure the City complies with all
requirements on each grant These
services will include the clearance of any
special conditions before a grant can begin
to draw down funds, the regular reporting
system during the life of the grant, any
required on -site monitoring, problem
solving, and grant closeout. ADE will
work with the City to determine the
division of labor between City staff and
ADE staff on each grant.
Task 7. Local Capacity Building
ADE will work closely with City staff to
expand the staff's knowledge and capacity
with regard to all economic development
grants, grant administration, and activity
delivery responsibilities. ADE will
provide such functions as: staff training,
development of staff processes, and
assistance with City grant administration
file and record keeping systems. ADE
will advise on timing, strategy, the
relationship of the various compliance
matters, and in general will work with City
staff to provide oversight and staff
development. ADE will provide similar
services with regard to grant applications.
Note: First Activity, Preparation of a
2001-2002 CDBG Economic Development
Planningfrechnical Assistance Grant
Application.
ADE will work closely with Gty staff to
develop the two major components of the
grant application, which are: A) funding
resources and applications related to the
waterfront business development project;
and B) analysis of project's water/waste
water needs and recommended
alternatives. On the latter component,
ADE will utilize the services of a
subconsultant specializing in such studies,
subject to the agreement of the City staff.
ADE and the subconsultant will work
with theCity and the business to prepare
Applied Development Economics Page 21
�® the scope of work of the grant application In the event the application is funded,
and all other contents. It is ADE's ADE and.the subconsultant shall
intention that this work be completed in conduct the activities which implement
time for the City to submit its grant the CDBG Planning grant. ADE will
application to the State CDBG program provide grant administration services to
during the month of August, 2001. the City.
U
AppGeC.Dereiopment Ecommia _.. Page 22
r
® 4. PROJECT PERSONNEL AND AVAILABILITY
Througliout the course of the proposed
®
three years of service, all ADE staff and
associates will be available to the City on
specific grant related projects. The
particular Principal or Associate providing
services will be'detemiined by the nature
of the activity and the specialty required.
ADE's project team for each specific
project will be reviewed in advance with
the City. However, the following ADE
funding personnel are expected to
participate in completion of the scope of
work in this proposal. The resumes of all
ADE professional staff are included in
Appendix B.
Carleen Bedwell, Managing Principal of
ADE, will be responsible for the funding
services. She has a highly successful track
record of obtaining grants and low
interest loans for communities to carry
out their economic development activities,
and administration of the grants. She
®
works well with program officers in the
various funding programs and is respected
for her attention to both the community's
®
needs and the funding agency's
requirements. Mrs. Bedwell may also
participate in the implementation of a
grant project as appropriate. She will be
joined in the funding services by other
®
members of ADE's funding staff
described below.
Michele Gray -Samuel, Associate, will
assist with grant administration. Ms.
�®
Gray -Samuel has developed and maintains
ADE's very thorough system for grant
record keeping on behalf of the grantee,
including computerized forms,
online/electronic communication with
funding agencies, and organized files.
These records are maintained for three
years following grant closeout. Examples
of grants administered include
Community Development Block Grant
(®BG) General Program construction
(community facilities and infrastructure),
and ®BG Economic Development
construction (infrastructure), as well as
numerous ®BG Economic
Development and General Program
Planning/Technical Assistance, Over -the -
Counter, and Economic Enterprise Fund
grants.
Matthew Huerta, Associate, provides
ADE clients with information on funding
opportunities, assists with project
development, provides liaison with staff
of funding agencies, and prepares funding
applications. His current responsibilities
include working with client communities
regarding the HCD Jobs Housing Balance
Improvement Program Incentive Grants,
the H® Downtown Rebound Program
Predevelopment Grant, the General
Program and Planning/Technical
Assistance components of the State
CommunityDevelopment Block, the U.S
Dept of the Treasury Community
Development Financial Institutions Fund,
IApplied Development Economics
Page 23
or
�® and State Department of Water Resources
Infrastructure Rehabilitation Grants.
Matt Yancey, Associate, provides
ongoing funding research to ADE staff
and clients, maintains the funding
resources library/data base,.works with
communities on project.development
related to funding, and assists with -
`;' application preparation. Mr. Yancey is
currently assisting in the preparation of
funding applications for ADE clients
within the Downtown Rebound Program
i]
EI
i
�I
[l
C
Predevelopment Grant program, the
Economic Development component of
the State GommunityDevelopment Block
Grant (Planning/Technical Assistance,
Over -the -Counter, and Economic
Enterprise Fund), HUD Neighborhood
Revitalization Program, and the Child
Care Facilities Program.
'Applied Development Economics Page 24
5. COST ESTIMATES
Because ADE's services cover a variety of
potential tasks over three years, ADE
cannot indicate a fixed cost for all
services. Gusts are deteifnined on a case -
by -case basis as indicated below, using
ADE's hourly Milling fates.
The cost of expenses covering such items
as copying, postage -and shipping, travel,
phone and fax, ect., will be billed to the
Cityon a direct cost reimbursable basis
each month. The expenses will be
itemized in each invoice.
COST BASIS PER TASK
Task I. Funding Resource Base
ADE will provide this service at no extra
cost to the Gty.
Task 2, Specific Funding Research
ADE will provide this service at no extra
cost to the City.
Task 3. Project Development
ADE will provide this service at no extra
cost to the Gty.
Task 4. Application Preparation
In general, the cost of application
preparation ranges from $I,000 to
$15,000. When application preparation
services are requested, ADE.will, meet .
with the Gtyto determine the type of
grant, the estimated level of service
required, and the division of labor
between the staff and ADE. From the
composite of this information ADE can
provide a not -to -exceed cost figure and
:-reach agreement with the Gty regarding
costs and services. On all grant
preparation services, ADE charges time
and materials only. ADE will operate this
way with the Gty for each grant that is
prepared, with the exception that is
described below.
Exception: In the event ADE is
preparing a CDBG Planning/Technical
Assistance grant application — or similar
application in another funding program for which ADE alone will have full
implementation responsibilities in the
event the grant is funded, ADE will
provide the grant preparation services at
no cost to the qty. If ADE has a portion
of the grant implementation
responsibilities, ADE will charge a
proportionate percentage of the grant
preparation costs — or require assistance
from others. This is possible only in
those cases where the procurement
requirements of the funding program have
been met and permit this approach.
Task S. Implementation of Funded Grants
As with the above services, the cost of
grant implementation is determined on an
items b34tem basis. During the
Appried Development Economics Page ZS
6'
-11
r
preparation of a grant application the
budget for the project's scope of work will
be developed, which determines both the
funds available for the project and the
cost of providing the services. This then
directs ADE and the Gty in the cost of
grant implementation and the tasks. The
challenge in each grant application is to
provide fdi maximum services, to
accomplish the project, while at the same
time being realistic about the cost of such
services. ADE's years of experience in
both grant writing and grant
implementation has required the fum to
forge realistic scopes of work, and then be
disciplined in the implementation of them
Task 6. Grant Administration
The cost of ADE's grant administration
services will be guided by the extent of the
service requested by the City for each
grant: To the extent allowable in each
grant, the cost of grant administration
may be borne by the grant funds. The
division of such funds between ADE and
the Gty is determined by the division of
the grant administration workload. For a
CDBG P/TA of $35,000, the cost of
grant administration, if fullycarried out by
ADE, will not exceed $1,750. This is the
amount allowed by the grant.
Task 7. Local Capacity Building
ADE will providethese services at no extra cost
to the City.
HOURLY RATES
ADE's hourly rates are listed below. They
Applied Development Economics .. . .
r:
are the basis for all professional costs and
will be applied to the ADE personnel who
are providing specific services to the City.
In the event billing rates change within
this three year contract, the rates current
at the time of the work will apply.
President
$125
Managing Principal
$125
Senior Consultant
$95 - $135
Senior Associate _
$90 - 100
Associate
$70 - 80
Research Assistant
$55
Administrative Staff
S45
Office Support
$35
TIME LINE
ADE. will proceed with the Gty's 2001
CDBG Planning/TA grant application
immediately upon contract execution. The
funds are available on a first -come -first -
served basis, and applications have been
submitted since June 1 of this year. ADE
will work as rapidly as possible to meet all
the requirements and provide the Gty
with maximum opportunity for funding.
The time line for the provision of other
services will be dependent on each
funding program and the Gty's intentions
regarding specific applications. (As noted
earlier -- and to the extent possible --,
ADE will work closely and rapidly with
the Gty to prepare the first CDBG
application for submission during the
month of August, 2001.)
Page 26
® RESOLUTION NO. 54-01
APPROVAL OF ARCHITECTURAL SERVICES CONTRACT WITH
DETTMER ARCHITECTURE FOR
HARBOR OFFICE/UNITED STATES COAST GUARD
OFFICE FACILITY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS; Randy Dettmer of Dettmer Architecture was selected through an RFP
process by the City of Morro Bay in 1995 to act as project architect for reconstruction of the
Harbor Office: and.
WHEREAS, the City entered into a contract for services with Dettmer Architecture in
April of 1995 based on the approved RFP which was then terminated in June 1995 due a change
in capital project prioritization; and;
WHEREAS, the Citv of Morro Bay is working with the United States Coast Guard on
plans for a joint Harbor Office/United States Coast Guard facility which is based on the plans
initiated in 1995: and.
WHEREAS. the City and Dettmer Architecture, who is familiar with the project, are
requesting approval to enter into a standard contract for services to provide architectural services
® for the proposed Harbor Office/United States Coast Guard Office Building so the project can
proceed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the Mayor is hereby authorized to execute the attached Contract for Services with
Dettmer Architecture.
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 August 2001. by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
4R,,J MAYOR
,V6EIMM)ERSON. MAYOR
-BRIDGETIIPAUER, CITY CLERK
RESOLUTION NO. 53-01
RESOLUTION ESTABLISHING THREE HOUR PARKING LIMITATION ON THE
EMBARCADERO BETWEEN DUNES AND DRIFTWOOD STREETS
the CITY COUNCIL,
City of Morro Bay, California
WHEREAS, Morro Bay Municipal Code Section 10.36.050 authorizes the City Council
to designate limited time parking on any street and on any public property of the City; and
WHEREAS, limited time parking on the west Embarcadero "street ends" has been
successful in increasing the efficiency of use of existing public parking spaces; and
WHEREAS, it has been deemed appropriate and in the interest of the general welfare
to establish a three hour parking limitation on the Embarcadero between Dunes and Driftwood
Streets.
NOW, THEREFORE, BE IT RESOLVED that a three hour parking limitation is hereby
designated on the Embarcadero between Dunes and Driftwood Streets.
BE IT FURTHER RESOLVED this parking limitation shall be in force and effect all days
between the hours of nine a.m. and nine p.m. and shall be noticed by signs and/or curb
markings appropriate to reflect this action.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 1 V day of August, 2001 by the following vote:
Is AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NAYES: None
ABSENT: None
ABSTAIN: None
ATTEST: E AND ON, Mayor
:UER, �CityClerk�.
C�
2
t A
RESOLUTION NO. 52-01
® A RESOLUTION APPROVING A SIX (6) MONTH EXTENSION TO THE CABLE
FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the current Cable Television Franchise Agreement with Charter
Communications will expire at the end of August 2001; and
WHEREAS, the City has been gathering information from the public and assessing
needs through various activities such as public hearings and an extensive survey conducted in the
winter of 2000; and,
WHEREAS, Charter Communications submitted a Cable Franchise Renewal Proposal to
the City for consideration on April 21, 2000,- and
WHEREAS, towards the end of July 2000, the City hired Mr. Carl Pilnick of
Telecommunications Management Corp. to provide consulting services to draft an updated cable
ordinance for Council to adopt, review Charter's franchise renewal proposal, conduct a technical
evaluation of the cable system, and draft a new franchise agreement; and
WHEREAS, the first three tasks have been completed and the updated cable ordinance
was adopted by the City Council on March 26, 2001- and
® WHEREAS, Charter Communications and City staff have met once to begin negotiation
of the new franchise agreement, however, further negotiations with Charter will be required and
due to scheduling issues, a second meeting will not occur until the end of August so that
consideration of approving a new franchise agreement or review of the consultant reports
regarding Charter's renewal proposal and the technical evaluation will not occur until after the
expiration of the current franchise.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro
Bay the approval of a six (6) month extension to the Cable Television Franchise Agreement with
Charter Communications.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 13th day of August 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
R ANDERSON, Mayor
ATTEST:
® BRIDGETTIZSAUER, City Clerk
•
E
RESOLUTION NO 51-01
RESOLUTION APPROVING EASEMENT AGREEMENT WITH CHARLES E. OGLE 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 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 regional bike path; and
WHEREAS, the San Luis Coastal Unified School District, as owner of the property upon
which said High School exists, has granted an easement said bike path; and
WHEREAS, during engineering design it was found that the bike path route crosses a
portion of a parcel owned by Charles E. Ogle; and
WHEREAS, said owner and the City have agreed to the terms and conditions of an
easement agreement to accommodate the construction and on -going operation, maintenance and
replacement of the bike path;
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; and
BE IT FURTHER RESOLVED, the City Manager or his designee is hereby authorized and
directed to file documents appropriate to reflect this action at the office of the San Luis Obispo
County Recorder.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held
on the 13'h day of August, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
N ERSON, Mayor
® AGREEMENT BETWEEN
THE CITY. OF MORRO BAY AND CHARLES E. OGLE
FOR THE CREATION, CONSTRUCTION, MAINTENANCE AND USE
OF AN EASEMENT FOR A PUBLIC BICYCLE PATH OVER OGLE PROPERTY
This Agreement is made and entered into this day of
August, 2001 by and between the CITY OF MORRO BAY, a municipal
corporation, hereinafter referred to as "CITY," and.CHARLES E.
OGLE, hereinafter referred to as "OWNER."
OWNER is the owner of various parcels of real property
described in Exhibit "A," attached hereto and incorporated herein
by this reference as though set forth in full (collectively
referred to herein as the "Property");
CITY has acquired construction grant monies for a regionally
significant bikeway/pedestrian path (herein "Bikeway"), and now
® wishes to obtain access across OWNER's property for said purpose;
E
CITY has prepared construction details for the Bikeway,
which are attached hereto as Exhibit "B" and incorporated herein
in full by this reference.
CITY AND OWNER AGREE AS FOLLOWS:
1. DESCRIPTION AND PURPOSE OF EASEMENT.
a. Description, Size and Location of Easement: In
accordance with the terms of this Agreement, OWNER
hereby conveys to CITY an easement ("Easement") over
that portion of the Property described in Exhibit "B."
b. Purpose: OWNER and CITY agree the Easement shall be
used by CITY only for the construction, operation,
maintenance, inspection, improvement, and replacement
1
of a Class I Bikeway as defined in section 890.4 of the
® Streets and Highways Code, and other uses as may be
approved in writing by OWNER.
C. Joint Use: OWNER retains full, free and unfettered use
of the Easement area so long as such use does not
unreasonably interfere with the purpose of the Easement
as set forth above. OWNER'S use includes, without
limitation, the right to install and maintain
underground or overhead utilities. OWNER, on behalf of
himself and his invitees, retains full rights of
ingress and egress over the Easement. CITY shall not
obstruct vehicular or pedestrian access to or from any
part of OWNER'S Property, including the Easement area,
® by signage, fencing, or other improvements on or about
the Easement, it being understood and agreed, of
course, that the paved Bikeway will not amount to such
an obstruction. If CITY places curbing on or about the
Easement, the curbing shall provide for driveway access
to the Property. CITY will manage the Easement in a
way that causes the least possible interference with
the normal use of all of OWNER's Property. For
instance, CITY will make all reasonable efforts to
control any non -Bikeway activity on or near the
Easement, including trespass onto OWNER's Property.
d. Condition of Property: CITY represents and agrees that
it has investigated the ownership of the Easement area
® with due diligence, and that CITY is satisfied with the
2
ownership of the Easement area, including, without
® limitation, the status of Owner's title.
e. Maintenance and Repair: CITY shall maintain, repair,
and in all ways bear responsibility for the Easement
improvements, and OWNER shall have no such obligation,
except insofar as the improvements are damaged by acts
of OWNER, in which case repairs shall be made by OWNER
at OWNER'S EXPENSE. CITY shall keep the Easement free
of trash and weeds.
2. CONSIDERATION.
As consideration for the grant of Easement, in addition to
the various promises made in this Agreement, CITY shall pay OWNER
the sum of Five Thousand Dollars ($5,000.00). This payment shall
® be a one-time payment for a perpetual easement. As further
consideration, CITY also agrees and covenants as follows:
(1) CITY will not establish a Class I Bikeway, or any other
Bikeway that would potentially or actually interfere
with vehicular access to OWNER'S Property, along
Atascadero Road in the immediate vicinity of OWNER'S
Property.
(2) CITY shall vacate, and shall also quitclaim any fee
interest to, all of 66`h Street within the Property
provided, however, that CITY shall retain the Easement
granted herein and a nonexclusive permanent easement to
operate, maintain and rebuild the subterranean sewer
presently existing under 66`h Street. CITY shall
® deliver this quitclaim and initiate such street
3
vacation proceedings upon OWNER'S request.
® (3) CITY shall also formally abandon and release all
easements in favor of CITY which presently burden any
portion of the Property, including the easements
contained in the covenants, conditions, and
restrictions recorded in Book 122, Page 145 of Deeds,
Book 123, Page 10 of Deeds, Book 133, Page 153 of
Deeds, Book 133, page 181 of Deeds, and Book 133, page
397 of Deeds, all in the Office of the County recorder,
County of San Luis Obispo, but excepting an easement
for waterline and incidental purposes recorded November
30, 1961 in Book 1156, Page 145 of said records.
(4) All costs and fees associated with the abandonment of
® such existing easements and the vacation of 66`h
Street, as well as the recordation of the Easement
created by this Agreement, including escrow fees and
title insurance, if any, shall be paid by CITY.
(5) Finally, in the event that OWNER and the San Luis
Coastal Unified School District agree that fire and
other emergency vehicles may access the Property over
the school district's property, CITY will allow such
vehicles to cross, by driveway access to be constructed
at OWNER'S expense, the Bikeway easement recorded as
Document No. 2000-043454 in the Official Records of San
Luis Obispo County.
3. INDEMNIFICATION.
® CITY hereby waives all claims and recourse against OWNER,
4
including the right to contribution for loss or damage to persons
® or property, arising from, growing out of, or in any way
connected with or incident to this Agreement or the use of the
Easement.
CITY shall indemnify and hold OWNER, his agents, employees,
heirs, executors, administrators, successors and assigns, and the
property of OWNER, including the Easement and improvements now or
hereafter on the Easement, free and harmless from any and all
liability, claims, demands, loss, damages, or expenses, of any
nature whatsoever including, but without limitation, injury to or
death of any and all persons, resulting from or arising out of
the use and maintenance of the Easement or from the operation of
said facilities described herein, except for liability arising
® out of sole negligence of OWNER, his agents, employees, heirs,
executors, administrators, successors and assigns, and any claims
regarding title.
4.
CITY shall, at CITY's own cost and expense, procure and
maintain during the entire term of this Agreement adequate
insurance, such as a broad form comprehensive coverage policy of
public liability insurance issued by an insurance company
licensed by the State of California, insuring both CITY and OWNER
against any and all loss or liability caused by or connected with
CITY's use and maintenance of the Easement under this Agreement.
5. ASSIGNMENTS.
No transfer or assignment by CITY that affects this
® Agreement or of any part thereof or interest therein, directly or
W-
indirectly, voluntarily or involuntarily, shall be made unless
® such transfer or assignment is first consented to in writing by
OWNER.
6. TERMS BINDING ON SUCCESSORS.
The Easement shall run with the land. All the terms,
covenants and conditions of this Agreement shall inure to the
}
benefit of and be binding upon the officers, agents, employees,
heirs, executors, administrators, successors and assigns of the
parties hereto. The provisions of this paragraph shall not be
deemed as a waiver of any of the conditions against assignment
set forth herein.
7. EFFECTIVE DATE AND TERM.
The term of this Agreement shall commence upon payment of
® the Five Thousand Dollars ($5,000.00) referenced in Paragraph 2
herein, and execution of this Agreement, in duplicate original
form, by OWNER and CITY and delivery of one duplicate original to
each of the parties. The Easement shall be perpetual unless
terminated as provided herein or by operation of law.
8. TITLE TO IMPROVEMENTS.
Title to all improvements constructed on Easement shall be,
and shall remain, property of CITY.
9. PERMITS.
CITY shall, at its expense, obtain all necessary permits
from any and all applicable authorities, including the San Luis
Coastal Unified School District, that may be required in
connection with the Easement.
2
10. ABANDONMENT OF EASEMENT OR TERMINATION OF AGREEMENT.
® The CITY may vacate or abandon the Easement at any time. If
CITY abandons or vacates the Easement, or otherwise disposes of
CITY's interest in Easement by process of law, any property or
improvements belonging to.CITY left upon the Easement shall be
deemed to be abandoned, and may be removed by OWNER at CITY's
cost or shall become OWNER's property, at the option of OWNER.
The site shall be returned by CITY to at least its pre-existing
condition if/when use is abandoned.
11. RECORDING OF AGREEMENT.
This Agreement shall not be recorded. The Easement shall be
reflected in the record of title by a Memorandum of Easement in
the form of Exhibit "C" hereto, which the parties agree to
® execute contemporaneously with this Agreement.
12. MISCELLANEOUS.
This Agreement contains and embraces the entire agreement
between the CITY and OWNER hereto and neither it nor any part of
it may be changed, altered, modified, limited or extended orally,
or by any agreement between the parties unless such agreement be
expressed in writing, signed and acknowledged by CITY and OWNER,
or by their successors in interest. Time is of the essence as to
each provision hereof. Both parties participated in the drafting
of this Agreement and it shall not be deemed as having been
prepared by either party.
Notwithstanding any of the provisions of this Agreement, the
parties may hereafter by mutual consent agree to modifications,
® additions or termination thereof, in writing, which are.not
7
forbidden by law.
® IN WITNESS WHEREOF, this Agreement is executed on this
day of
2001.
CITY OF MORRO BAY
By:
RODGER ANDERSON, Mayor
ATTEST:
By:
BRIDGETT BAUER
City Clerk
APPROVED AS TO FORM:
ROB SCHULTZ, ESQ.
City Attorney
CHARLES G. KIRSCHNER
COMM. #1183007
NOTARY PUBLIC-CALIFORNIA
SAN LUIS OBISPO COUNTY
a
COMM. EXP. MAY 8 2002 j
FLIMN�MO-66f lSn
OWNER
CHAR' " • 6tw
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On 2001
before me, hp,(l �
personally appeared Charles E. Ogle,
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 o€ficial
seal. f Q O p,. 1�
NotaryPublic
FA EMF%T)OB 1)WI.WPD
9
EXHIBIT "A"
Parcel 5 in Attachment 4a and 6a to the Spousal Property
Order recorded on March 3, 1997 as Document No. 1997-010435 in
the Official Records of San Luis Obispo County, to wit:
That portion of Lots 9, 10, 11, 12 and 13 in Block 24
and Lots 15, 16 and 17 in Block 27 of Atascadero Beach,
according to the Map thereof recorded in Book 2 at Page
15 of Maps, in the office of the County Recorder of San
Luis Obispo County, described as follows:
Beginning at a point on the Westerly line of Lot 9 in
Block 24, which point bears the following courses and
distances from the Northeast corner of said Lot 9
(North 76o 37' 30" East to a point on the East line of
said Lot 9, which point bears South 17o ill East 93.58
feet from the Northeast corner of said Lot 9). Thence
North 76o 37' 30" East, through Lots 9-and 10 in Block
24 to a point on the East line of said Lot 10, said
point also being the Northwest corner of Lot 11 in
Block 24, thence Easterly along the Northerly line of
said Lot 11, a distance of 35.04 feet, thence South 08o
26' 06" East, on a line running through Lots 11, 12 and
13 in Block 24, a distance of 218.56 feet, to a point
® on the Westerly line of Lot 13, said point being 79.37
feet Southerly of the Northwesterly corner of Lot 13
(said point is also on the Easterly line of Lot 10)
thence Southeasterly along the Easterly line of said
Lot 10, to the Southeast corner of said Lot 10 in Block
24 (said point is also being on the Northerly line of
Lot 17 in Block 27), thence South 080 26' 06" East a
distance of 40.18 feet, thence South 37o 38' 51" West a
distance of 55.05 feet, thence North 790 50' 59" West a
distance of 144.25 feet, thence North 650 45' 55" West,
a distance of 24.33 feet to a point on the Westerly
line of Lot 15 in Block 27, thence northerly along the
Westerly line of said Lot 15, a distance of 56.61 feet
more or less to the Northwest corner of Lot 15 in Block
27, thence Southeasterly along the Northerly line of
Lot 15 in Block 27 (said line also being the Southerly
line of Lot 8 in Block 24) to its intersection with the
Southwest corner of Lot 9, Block 24, thence
Northwesterly along the Westerly line of said Lot 9 in
Block 24, a distance of 368.33 feet more or less to the
Point of Beginning. (Said land is also shown on that
certain Record of Survey recorded December 24, 1992,
Book 69 at Page 3 of Record Surveys.)
11
APN: 65-182-03; 65-182=04; and 66-332-03
Exhibit A
Page 1 of 1
Recording requested by: and
When recorded mail to:
City of Morro Bay
® Capital Projects Division
590 Morro Bay Boulevard
Morro Bay, Ca. 93442-1957
MEMORANDUM OF EASEMENT
Charles E. Ogle (hereinafter "OWNER") hereby grants to the City of Morro Bay, a political
subdivision of the state of Califomia (hereinafter "CITY") an easement over OWNER'S property
in the County of San Luis Obispo, Califomia, which is more particularly described as: Parcel 5 in
Attachment 4a and 6a to the Spousal Property Order recorded on March 3, 1997 as Document
No. 1997-010435 in the Official Records of San Luis Obispo County.
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
OWNER'S property. The bicycle path will be used by bicyclists and pedestrians. The duration of
the easement shall be perpetual. The CITY shall have the right to enter and remain on the
easement for the purposes of repairing, maintaining, and improving the bicycle path and all
fixtures or property appurtenant thereto. OWNER and OWNER'S invitees shall have the right of
access over the easement.
® This Memorandum of Easement is prepared for the purpose of recordation and in no way
modifies the provisions of the Agreement between CITY and OWNER approved for this purpose
by the Morro Bay City Council, all of which is incorporated herein by this reference. The easement
shall consist of the property described in Exhibit 1 hereto.
Dated this loth day of august , 2001.
By:
Chart le
ACKNOWLEDGMENT
State of California )
)SS
County of San Luis Obispo )
On q / 10 , 2001 before me Gar, c"i'1eS 1r,1JS CJNVN C✓ , a Notary Public for the State of California,
personalty appeared Charles E. Ogle, personalty known to me (or proven 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 entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal,
® CHA=GNHNER�Signature: (Seal) V 07Notary Public Q.�' ' NOTAFORNIA�OUr 4COM2002 1
0
COMMENCING 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 San Luis Obispo County; THENCE along the southerly line of said
Lot8, South 87023'56" West, 14.42 feetto the POINT OF BEGINNING; THENCE South 15025'16"
East, 70.77 feet to a point on the southwesterly line of that portion of Lot 15, Block 27 of
Atascadero Beach contained within Parcel 5 in Attachment 4a and 6a to the Spousal Property
Order recorded on March 3, 1997 as Document No. 1997-010435 in the Official Records of San
Luis Obispo County, THENCE along said southwesterly line, North 79°50'59" West, 3.95 feet to
an angle point in said southwesterly line; THENCE along said southwesterly line, North 65045'55"
West, 28.11 feet to the southwesterly comer of said Lot 15; THENCE along the westerly line of
said Lot 15-, North 7°12'02" West, 56.78 feet to the northwesterly corner of said Lot 15_and a
point on the southerly line of said Lot 8; THENCE along the southerly line of said Lot 8, South
87023'56" West, 17.25 feet to the POINT OF BEGINNING.
11
51A1� N1GH�AY
y
� I ^
u
I W
�U~III
jT �I tO cco 1
i y� I 0) Q I
tL7 I
r�
0, i o i �Ln
I
-I
I I
I I
I I ,
i I i
® RESOLUTION NO.50-01
RESOLUTION APPROVING AN AMENDMENT TO AN EASEMENT GRANT DEED FROM
THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR BIKE PATH AND WATER
FACILITIES PURPOSES ON THE MORRO BAY HIGH SCHOOL PROPERTY
the City Council,
City of Morro Bay, California
WHEREAS, the City of Morro Bay and the San Luis Coastal Unified School District agreed
to an easement agreement for bike path purposes, with an Easement Grant Deed subsequently
recorded as Document No. 2000-043454 on August 1, 2000; and
WHEREAS, subsequent bike path engineering design and water transmission line
replacement needs have warranted amendment to said easement description; and
WHEREAS, an amendment to said Easement Grant Deed was prepared by the City
Engineer, approved by said School District's Board of Education on June 19, 2001 and executed
on June 27; and
WHEREAS, it is in the best interests of the public that the City Council accept the
amendment on behalf of the public and authorize filing of the document at the San Luis Obispo
County Recorder's Office.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council said Easement
Grant Deed correcting Document No. 2000-043454 is hereby approved and accepted on behalf
® of the public; and
BE IT FURTHER RESOLVED, the City Manager is herewith authorized and directed to file
said amended Easement Grant Deed at the Office of the San Luis Obispo County Recorder.
- PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the 13" day of August, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
D R ANDERSON, Mayor
' 1UE City Clerk
11
Recording Requested by And
When Recorded mail to:
City of Morro Bay
® Capital Projects Division
595 Harbor Street
Morro Bay, CA 93442
EASEMENT GRANT DEED
The San Luis Coastal Unified School District (hereinafter 'DISTRICT") hereby grants to the City of Morro
Bay, a Political Subdivision of the State of Califomia (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 Assessors Parcel No. 065-182-001.
The purposes of this easement are: _
1) To correct the document recorded August 1; 2000, as Document No. 2000-043454 which was not
notarized and incorrectly stated the nature and legal description of the easement.
2) 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
bicyclists 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 said
bicycle path and all fixtures or property appurtenant thereto.
3) To allow for the construction and maintenance of water pipelines and appurtenances as well as ingress
to and egress from said pipelines and appurtenances. The CITY shall have the right to enter and remain
on the easement for the purposes of repairing and maintaining said water line and appurtenances.
® hereof. The easement shall consist of the property described in Exhibit 1, attached hereto and made a part
Dated: this 27th Day of June 2001.
San Luis Unif ch of istrict
By: i -
Y LIVINGSTON, Asst. Supt./Business
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On June 27, 2001, before me, Kim Holmes, a Notary Public in and for the State of California, personally appeared Rory L.
Livingston, known to me or proven 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.
WITNrsS my�hanld and official seal. KIM HOLMES
® N wouar rouuc utuosnA N
KIM HOLMES w rm, wa aFv,
M, Cr.N. Esp+ Jw 1, IC77 "
Notary Public in and for said County and State
EXHI6ET' 1
® Legal Description
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 87-40-06" WEST, 31.03 FEET; THENCE
NORTH 15"27'34" WEST, 382.55 FEET; THENCE NORTH 72*00'11" 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
34039'36" AND AN ARC LENGTH OF 55.05 FEET; THENCE NORTH 48°10'05" EAST, 10.27 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF; R OF
41.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
59*36'13" AND ARC LENGTH OF 42.65 FEET; THENCE NORTH 11°26'08" WEST, 84.39 FEET;
THENCE NORTH 07036-10" WEST, 92.57 FEET; THENCE NORTH 09°55'53" WEST, 19.92 FEET;
THENCE NORTH 06020'55" WEST, 89.75 FEET; THENCE NORTH 11*31'14" WEST, 34.44 FEET;
THENCE NORTH 16°41'33" WEST, 188.65 FEET; THENCE NORTH 18°32'28" WEST, 38.20 FEET;
THENCE NORTH 12°58'36" WEST, 31.60 FEET; THENCE NORTH 05°54'09" WEST, 34.49 FEET;
THENCE NORTH 12°19'05" WEST, 64.65 FEET; THENCE NORTH 10001'39" WEST, 44.49 FEET;
THENCE NORTH 16013'00" WEST, 194.63 FEET; THENCE NORTH 41048'55" WEST, 57.11 FEET;
THENCE NORTH 41048'25" WEST, 22.27 FEET; THENCE NORTH 16°26'42" WEST, 81.15 FEET;
® THENCE NORTH 16056'30" WEST, 50.01 FEET; THENCE NORTH 14"39'01" WEST, 49.98 FEET;
THENCE NORTH 16°10'43" WEST, 69.60 FEET; THENCE NORTH 33"03'46" WEST, 65.19 FEET;
THENCE NORTH 53014-44" WEST, 31.21 FEET; THENCE NORTH 39"50'06" WEST, 24.12 FEET;
THENCE NORTH 21002'24" EAST, 16.42 FEET; THENCE NORTH 08045'09" WEST, 40.85 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 82048'09" EAST, 18:39 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 1; THENCE ALONG SAID RIGHT-OF-WAY LINE THE
FOLLOWING COURSES:
1) SOUTH 09055'12" EAST, 20.11 FEET; THENCE
2) SOUTH 75032'55" EAST, 95.02 FEET; THENCE
3) SOUTH 15035'02" 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
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 15034'17" EAST, 367.78 FEET TO THE POINT OF BEGINNING.
JOHN R. SANDERS I
L.S.5812 EXP.6/30/2004
Juy 5, 2001
Line Easement #2.wpd
�� OIST�RS
1�
O
r0� 0
N
O
0
aV00�f3cvSSf/J_�
5
RESOLUTION NO. 49-01
AUTHORIZING AN ANNUAL RENTAL CREDIT TO VAN BEURDEN INVESTMENTS,
INC. FOR ON -GOING COSTS OF MAINTAINING THE PUBLIC RESTROOM LOCATED
ON LEASE SITE 78-81/78W-81W (701 EMBARCADERO)
THE CITY COUNCIL
Cite 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 78-81/78\\'-81 W located at 701 Embarcadero: and.
WHEREAS Van Beurden Investments. Inc. is the lessee of said lease site: and.
WHEREAS, the City Council adopted Resolution 17-96 authorizing an annual rental credit to
offset the cost for cleaning, maintenance and utilities for operation of the restroom on said lease site;
and.
WHEREAS, Resolution 17-96 expired in 2001 and the restroom costs have continued and are
expected to be higher in the next few years; and.
WHEREAS, the City desires to compensate VBI for a portion of the on -going costs for
providing this necessary public service by authorizing a rent credit to VBI not to exceed five years.
®NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the City of Morro Bay that
the City of Morro Bay does hereby authorize an annual rent rent credit for VBI, the tenant on Lease Site
87-81/78-81 W. starting at $6000.60 July. 2001 and increasing by $300.00 each year thereafter. This
rent credit shall be partial compensation for on -going public restroom costs starting July 2001 and
continuing through July 2005. The annual rent credit shall be deducted from the percentage of gross
sales rent due and will be shown as a separate line item on the annual percentage of gross sales rent
report.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 9 ° day ol'July 2001, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSE\IT: None
#R ANDERSON, MAYOR
.:,
BRIDGE BAUER. CITY CLERK
RESOLUTION NO. 48-01
® A RESOLUTION APPROVING A SOLID WASTE, RECYCLING AND GREEN WASTE FRANCHISE
AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE SERVICE
FOR THE PERIOD JANUARY 1, 2002 THROUGH DECEMBER 31, 2008
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, City solicited Request for Proposals (RFP) and said RFP has been completed and the
City Council has determined it is in the public interest to enter into a Solid Waste, Recycling and Green
Waste Franchise Agreement with Morro Bay Garbage Service, hereinafter referred to as "Contractor," for the
period January 1, 2002 through December 31, 2008; and
WHEREAS, Contractor has the management and technical personnel and other assets to provide said
solid waste, recycling and green waste services; and
WHEREAS, City desires to retain Contractor to provide such solid waste, recycling and green waste
services; and
WHEREAS, Contractor desires to provide such solid waste, recycling and green waste services to
City during the term of the Solid Waste, Recycling and Green Waste Franchise Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
® follows:
1. The Solid Waste, Recycling and Green Waste Franchise Agreement with Morro Bay Garbage Service for
the period January 1, 2002 through December 31.2008, with an option at the City's sole discretion to renew
said Agreement for an addition three (3) years, attached hereto and incorporated herein by reference, is
hereby approved.
2. The residential and commercial collection rates will be those listed in Exhibit 1, and will be in effect upon
the effective date of the Solid Waste, Recycling and Green Waste Franchise Agreement.
3. The City Manager is hereby authorized to execute said agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 9th day of July, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None �A
OD91ER ANDERSON', Mayor
® ATTEST:
BRIDGETT AUER, City Clerk
CITYOFMORROBAY EXHIBIT I
® 3.00% AVERAGE ACROSS THE BOARD INCREASE -COMMERCIAL
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE
COMMERCIAL WASTE WHEELERS (PER MONTH)
size
of
i
COLLECTIONS PER WEEK
j
j
WW
I 1
2
3
4
5
6
7
�32GALLON
$22.72
$44.35
$58.011
$71.68
$93.31
$114.9
$136.991
64 GALLON
$32.97
$58.01
$84.20j
$113.79
$142.261
$166.171
$195.70!
96 GALLON
$44.351
$77.36
$113.791
$151.371
$184 38 i
$225.361
$271.92!
Additional charge per can per collection: i
( $7.491
COMMERCIAL
®I Size of if
container I COLLECTIONS PER WEEK
(cubic yards) 1 2 3 4 5
6
1
$55.95i $86.70
$111.73;
$140.201
$161.83
$201.67j
1.5
j $68.47! $11-288
$151.59I
$192.57
$231.281
$275.681
2
j $82.141 $143.61
$192.57�
$244.931
$299.591
$354.23
3
! $106.05 $192.57
$271.13I
$343.98
$445.31
$513.61j-
4
$140.20 f $260.881
$362 201
$484 021
$605 831
$685 521
The rates
shown above include the monthly
container
rental fee
and are the
same for bins
and garwoods, when volume is identical.
UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS
1
$14.421
1 cubic yard (minimum charge)
$21.63 1
1.5 cubic yards
11$28.844 !
2 cubic yards
1 $43.26!
3 cubic yards
j $57.681
4 cubic yards
® Proposed Rate Schedule for Integrated Solid Waste Services effective
7
$304.67
$404.43
$508.73
$891.52
LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER
- SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
® VOLUME -BASED RATES
MINI -CAN SERVICE
$6.88per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$11.00 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$22.00 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
L$33.00 per month for one 96 gallon wastewheeler container collected once each week
�SERVICE AWAY FROM THE STREET CURB
I 56.00 per month in addition to above service level
EXTRA CHARGES
$5.50 EXTRA GARBAGE additional charge per 33 gallon can or equivalent volume per collection (minimum 1 can
$5.501 OVERFILLED WASTE WHEELER LID MUST BE FLAT
A$2.75 EXTRA RECYCLING additional charge per 33 gallon can or equivalent volume per collection (minimum 1 can
$2.75 EXTRA GREENWASTE additional charge per 33 gallon can or equivalent volume per collection (minimum 1 can
20.00 SWITCH WASTE WHEELER SIZES MORE THAN ONCE PER 12 MONTHS
$35.001 per white good, couch, or hide -a -bed (once a month)
j $10:00! per mattress, boxspring, or small chair, TV, microwave
Proposed Rate Schedule for Integrated Solid Waste Services effective
LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER
Ll
C
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
COMMINGLED RECYCLING & CARDBOARD COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
1 Size of
I container I
(cubic yards) 1
COLLECTIONS PER WEEK
2
3
4
I -1 INCLUDED i $21.681
$27931
$35.05� -
1.5 I INCLUDED :_ $28.221
$37.901
$48.141
2 INCLUDED'; $35.90!
$48.141
$61.23i
3 . $26.51 1 $48.14 i
$67.781
$86.00
4 1 $35.05 j $65 22
$90 55
$121 01 j
The rates shown above Include the monthly container
rental fee a
and garwoods, when volume is identical.
5
6
7
$40.461
$50.42
$76.17
$57.821
$68.921
$101.11
$74.901
$88.56!
$127-18
$111.33
$128.401
$173.47
$151461
$171.381
$222.88
nd are the same for bins
WHITE OFFICE PAPER COLLECTION
White office paper can be commingled with other recycling in your blue waste wheeler.
In office collection of white/colored paper is available at I —�
_ $4L201per hour
STYROFOAM COLLECTION
Styrofoam is no longer collected for recycling. It should be thrown away as trash.
Proposed Rate Schedule for Integrated Solid Waste Services effective
Elm
LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER
® RESOLUTIONN NO.47-01
RESOLUTION ADOPTING CITY COUNCIL
POLICIES AND PROCEDURES,
AND RESCINDING RESOLUTION NO. 16-01
CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, it is in the public interest that meetings of the City Council be
conducted in an efficient, thorough and courteous manner so the public's business can be
properly transacted; and
WHEREAS, this Resolution rescinds and supersedes all previous resolutions
relating to this matter; and
. WHEREAS, proper conduct of City Council meetings in such manner will be
aided by the Council's adoption of City Council Policies and Procedures.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City Council Policies and Procedures set forth below are adopted.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting
thereof held on theZAay of July, 2001 by the following vote:
APES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None _
`VDCER ANDERSON, Mayor
ATTEST:
BRIDGET-�BAUER,
C
� City of Morro Bay
Council Policies and
Procedures
SCOPE
This resolution shall establish the procedures for the conduct of all
® meetings of the City Council of the City of Morro Bay. The purpose of
this resolution is to provide that the City Council's meeting procedures
will be consistent with the Brown Act (Government Code Sections
54950 et seq.) establish procedures which will be convenient for the
public and contribute to the orderly conduct of the City's business. The
procedures. her -in are in,addition_to, and not in place of, Morro -}?ay
Municipal Code 2.08 and any other applicable ordinances_ and statutes,
and in the event of conflict between this resolution and applicable
ordinances or statutes, the latter shall govern.
i
1.1
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
MEETING SCHEDULE `
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings
and the manner in which. special meetings may be called. Public interest and
convenience shall be primary considerations "when decisions are made as to time,
location and frequency.
Except as otherwise provided by law, aftmeetings of the Council shall be open to
the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Monday of
each month beginning at 6:00 p.m. In the event that a regular
meeting of the Council shall fall on a legal holiday, that regular
meeting shall be held at the same place and time on the next
succeeding working day. (MBMC 2.08.010)
1.1.2.2 Regular meetings shall be held in the Veterans Memorial
Building, 209 Surf Street, in the City of Morro Bay. (MBMC
2.08.010)
1.1.2.3 Regular meetings shall be between the hours of 6:00 p.m. - 11:00
p.m. It shall be the policy of the City Council to complete
meetings bv-14-:00 p:in:=unless a>inajoriry-9_ f the _Council- elects to
continue past the adjournment hour. If at the hour of 11:00 p.m.
the City Council has not concluded its business, the Council will
review the balance of the agenda and determine whether to
extend the meeting.beyond the hour of 11:00 p.m., continue any
remaining items, or adjourn the meeting to another date and time.
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants, the public, and
the City Council regarding specific programs, projects or
policies. Study Sessions may be conducted in a variety of
formats, including Public Workshops.
11
11
3
1.1.3.2 Study Sessions will be held at a time and place within the,City
limits and convenient to Council and advantageous for public
participation.
1.1.3.3 Participation of the public shall be at the discretion of the
Presiding Officer, upon consensus of the Council.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members
of the City Council. (GC ❑ 54956) Written notice of each
special meeting must be, given not less than twenty-four (24)
hours before such meeting to each member of the City Council
not joining the call. 1
1.1.4.2 Written notice must be given to the City Council and to the
media twenty four hours prior to each meeting. (GC ❑ 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to
. notify each Council Member.
1.1.4.4 No business other than that announced_ shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans
Memorial Building shall be open to the public. Such meetings
shall be held within the city limits. Notice requirements of the
Brown Act shall be complied with for any such meetings;
regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
r ~= 1.1.5..-USE OF COUNCIL, CHAMBERS - ' --
1.1.5.1 The City Manager, or designee, is responsible for maintaining a
calendar on the use of the Council Chamber and all requests for
reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to
use the facility, the City Manager shall have authority to make
the final decision. The following rules are established as a
guide:
a. Use of the Council Chamber for regular meetings by
City commissions, committees, and other advisory
® bodies shall take precedence over any other group or
agency. To the extent possible, special meetings will be
3
scheduled .around other regularly scheduled non -city
uses. In the event of a conflict, the City will give
priority to rescheduling or relocating any use displaced
by a'city-related use.
b. Council chambers. is available for other use on a first -
come -first -serve basis, after City, city -affiliated and
other regular uses are scheduled.
C. With the approval of the City Manager, and within the
provisions of existing video production agreements,
other local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearingsland/or" public meetings during regular or
non -business hours.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the. City as established by the present or earlier City Councils.
Agenda items also include recommendations to the City Council from advisory
bodies, land use and zoning actions or appeals, bid and purchasing procedures,
and mandates from other levels of government. Staff shall work within the policy
context established by the Council and will not arbitrarily place matters on the
agenda that are outside the scope of existing work programs of the City, except as
approved by the Mayor or a majority of the Council, and to inform and advise the
Council. of matters. necessary to the proper operation and well;being.of the City....
a. Tentative • Council Meeting Agenda - published before the " close of
business on the second Friday prior to the Council meeting.
b. Full agenda packet published before the close of business Wednesday -
prior to the Council meeting.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (SeeSection 1.2.8). The
process for establishing the order of specific business and public hearing items is
a collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance are usually scheduled ahead of
other items). The City Manager shall meet with department heads on the day of
the City Council meeting to discuss issues and to review upcoming agenda items.
4
In addition, the City Manager shall review the agenda materials with the Mayor,
or in the Mayor's absence, the Vice -Mayor. The final agenda is set subject to the
approval of the Mayor (or Vice -Mayor), after consultation with the City Manager:
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL M NIBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the "Declaration of Future Agenda Items" section of the regular
agenda. If a majority of the Council approves, staff will prepare a staff report for
the next agenda if formal Council action is required.
If only one other Council Member supports hearing the item, an item will be listed
on the next available agenda to considerahe matter of, whether or not the Council
will take up the item itself. The Council will take no action on the substance of
the matter at this second review. If at this meeting, a majority of the Council
approves, staff will prepare a staff report for the subsequent agenda if formal
Council action is required.
Additionally, an individual Council member may place an urgency item on an
agenda with a minimum of 72 hours legal notice and a memorandum from the
® Council member to the Council and staff setting forth the substantive issues of the
item. For purposes of this paragraph, urgency shall arise in those limited
situations where an item requires immediate action, and the need to take
immediate action came to the attention of the Council member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
. Recommendations. made -by advisory bodies,_as partof.their normal scope. -of
duties and responsibilities, shall be timely.placed on theCity Council agenda -by
staff. Any member 'of the Council may ask for consideration of the request
pursuant to those procedures set out in 1.2.2. 1.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via
other communication with Council Members. Any member of the Council may
ask for consideration of the request pursuant to those procedures set out in 1.2.2.
1.2.5 EMERGENCY ITEMS
® Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered
5
emergency in nature. A four -fifths vote of Council is necessary to add an
emergency item.
1.2.6 RECONSIDERATION
Reconsideration of an item shall be allowed in accordance with Robert's Rules of
Order and established Council guidelines. Resubmittal of issues.previously acted
upon is discouraged, but requests will be considered upon a consensus of a
majority of the Council.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Establish Quorum and Call to Order
1.2.7.2 Invocation
1.2.7.3 Pledge of Allegiance
1.2.7.4 Thought for the Day
1.2.7.5 Mayor and Councilmembers Announcements and Presentations
1.2.7.6 Closed Session Report
1.2.7.7 Public Comment
1.2.7.8 Council Declaration of Future Agenda Items
1.2.7.9 Consent Calendar
1.2.7.10 Public Hearings
1.2.7.11 Unfinished Business
1.2.7.12 New Business
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community
public interest that appear on a City Council or Planning Commission agenda
where advertising is required by law. Said"advertisements shall include location
µ = maps;i projeci=d'escriptions�ar d posting^ofpropeiiy"-:if"required 'written in" pl'aii:
English in order to fully inform all interested individuals..
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be reviewed by the City Clerk and will be available to interested
members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor, will
serve as Presiding Officer.
1.3.1.3 in the absence of.both the Mayor and Vice -Mayor, a Mayor
pro-tem shall be selected from the quorum present. The pro-
tem shall act as Chair for the meeting.
1.3.1.4 Seating arrangement of the Council:
The Mayor, with the approval of individual Council Members,
shall establish seating arrangements for regular Council
meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except where the City Manager has been authorized by Council
to sign documents. In the event the Mayor is unavailable, the
Vice Mayor's signature may be used.
0 1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction
of business.
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:.
1.3.3.1.1 A member of the City Council -or staff shall first
address the Mayor and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the
issue before Council.
1.3.3.1.3 Cross -exchange between Council Members and
public should be avoided.
1.3.3.2 " Questions to Staff:
ACouncil Member shall, after recognition by the Presiding
Officer, address questions to the designated staff member.
7
1.3.3.3 Interruptions: 1 0
1.3.3.3.1 Once recognized, a Council Member shall not be
:'interrupted while speaking except to make a point
of order or personal privilege.
1.3.3.3.2 If a Council Member is called to order while
speaking, the individual shall cease speaking until
the question of order is determined.
1.3.3.3.3 Upon being recognized by the Mayor, members of
staff shall hold the floor until completion of their
remarks or until recognition is withdrawn by the
Mayor. 1
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the
opportunity to speak. Council Members are encouraged to
discuss items during the decision -making process.
1.3.3.5 Tabling Procedure:
Immediately stop discussion and vote.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
--1%3.3.7. Rules of Procedure:
r. tu.:j„i. '�%. i-*M �;'.'--Y-'�i�- i:. .•. r hi. ._. ,.
The Council shall determine its own rules of procedure..
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's
Rules). The following summarizes the most frequently used actions.
P,
® 1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings. . ,
1.3.5.1.2 Side conversations, disruptions, interruptions or
delaying efforts are discouraged.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior
will be called to order by the Mayor. If such conduct
continues, the Mayor may call a recess, request the removal of
such person(s) from. the Council Chamber, adjourn the
meeting, or take such other appropriate action as permitted by
the Brown Act.
1.3.5.3 Only the City Council, staff, Designated Representatives, and
those authorized by the Mayor shall be permitted to sit at the
Council or staff tables.
® 1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his designee shall act as the
Sergeant -at -Arms.
1.3.5.4.2 Any Council Member may request the Mayor to
enforce the rules of protocol. Upon motion and
majority vote, the. Mayor shall he required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote. Failure of a
seated Council Member to vote will be construed as an
affirmative vote.
1.3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
members of the Council.
1.3.6.3 A conflict of interest shall be declared whenever appropriate
and in compliance with State law and the Council Member will
® step down, disclose the nature of the conflict of interest, and
shall not make, participate in making, or influence the decision.
1.3.6.4 A vote may be changed by a Council. Member only
immediately after the vote announcement by the City Clerk and
prior to the introduction of the next agenda item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or
request the Mayor or Presiding Officer to restate the motion, if
required for Council or public clarification.
1.3.6.6 . Voice voting is the preferred method for recording Council
votes.
1.3.6.7 A Roll Call vote may be taken at the discretion of the Chair.
1.3.6.8 General consent vote may be taken at the discretion of the
Chair; if there are no negative votes or objections by Council
Members..
1.3.6.9 Upon the request of any member, the ayes and noes shall be
taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council.
1.3.6.11 Following the vote the Mayor or Presiding Officer shall
announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes: Should a tie vote occur, the Council is required to
::• _ ._ :.continue,:the item by.majority,vote or make motions until an
aehomree..rvesthreeaffirniahve
1.3.6.13 The Mayor may publicly explain the effect of the,vote for the
audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT
Members of the public may address the City Council in a variety of ways.
Written comments on agenda items are encouraged and are most effective if
presented at least one week prior to the meeting. Written material distributed at
the meeting will be made a part of the public record. If the material is too
voluminous for Council to review during the meeting or is new material not
previously considered, Council may at its discretion continue the item to a future
meeting. The Mayor will invite comments from the public in support of, or in
opposition to, specific public hearing agenda items following the staff report
IN
® Oral communications on matters that are not on the agenda and are not public
hearing items may be provided during the Public Comment period at the
beginning of every meeting. The following are guidelines for providing public
comments:
1.3.7.1 During Public Comment period, members of the public may
address the City Council on items that are consent agenda
items, listed business items, and/or items that are not on the
printed agenda. At the discretion of the Mayor or Mayor Pro
Tem, speaker slips will be required. Speakers' time will be
limited to three minutes 'or to the interval specified by the
Mayor or Mayor Pro Tem. The Public Comment period shall
be limited to forty-five minutes.
1.3.7.1.1 Each person addressing the City Council shall do so
in an orderly manner and shall not make repetitious,
slanderous or irrelevant remarks, or engage in any
other disorderly conduct which disrupts, disturbs, or
otherwise impedes the orderly conduct of the
Council meeting. Any person who so disrupts the
meeting may, at the discretion of the Mayor or a
® majority of the City Council, be subject to ejection
from that meeting.
1.3.7.1.2 Persons addressing the Council shall address the
Council as a whole and shall not engage in a
dialogue with individual Council members, City
staff or members of the audience. No questions.
shall be asked of a Council member or a member of
_ City. staff without: first obtaining pernussion of the
ivfayoc"the Mayor shall determine'wheth& or m
what. manner, an answer will be provided. Any
person violating this rule while addressing the
Council shall be called to order by the Mayor.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues
not listed on the agenda. Staff may be asked to follow-up on
such items.
1.3.7.3 Individuals desiring to speak shall:
1.3.7.3.1 Address the Council from the podium after giving
® name and city of residence. Speakers shall direct
their comments to the Council, not the audience.
11
1.3.7.3.2 Comment on the specific matter before the Council
(other than calendared public hearings) with reasons
for the position taken.
1.3.7.4 Applicants of Applicant Representatives . or Appellants
desiring to speak shall:
1.3.7.4.1 Shall be permitted to speak first during the public
comment portion of the public hearing for not more
than ten.(10) minutes.
1.3.7.4.2 Address the Council from the podium after giving
their name and address, and/or the name and
address of the applicant/appellant they are
representing.
1.3.7.5 Council members actions
1.3.7.5.1 Council members may question the person
addressing the Council at the conclusion of the
person' s comments or upon expiration of the
person's time to speak. Such questions shall be
directed to the person through the Mayor.
1.3.7.5.2
1.3.7.5.3
Council members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Mayor.
If a member of the audience has .addressed the
Council on matters which are not on. the agenda,
Council members shall refrain from extended
discussion of the matter. If a Council so wishes,
the Council member may direct the City Manager
to place the matter on the next agenda.
1.3.7.6 After the public hearing is closed, no member of the public
shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Mayor or the majority
of the Council.
C
E
11
12
1.3.7.7 Upon violation of the rules of order and decorum established in
Section 1.3.2 — 1.3.7 of this Resolution, the procedure to
enforce the rule shall be as follows:
1.3.7.7.1 Warning. The Mayor shall request that a person
who is violating the rules of decorum cease such
conduct. If, after receiving a warning from the
Mayor, the person persists in disturbing the
-
meeting, the Mayor shall order the person to leave
the City Council meeting. If the person does not
leave the meeting, the Mayor may order any law
enforcement officer who is on duty at the City
Council meeting as sergeant -at -arms to remove the
person from the City Council chambers.
1.3.7.7.2 Removal. Any law enforcement officer who is
serving as sergeant -at -arms at the City Council
meeting shall carry out the orders and instructions
given by the Mayor for.the purpose of maintaining
order and decorum. Upon instruction of the Mayor,
it shall be the duty of the sergeant -at -arms to
remove from the City Council meeting any person
�. who is disturbing the proceedings of the City
Council.
1.3.7.7.3 Resisting Removal. Any person who resists removal
by the sergeant -at -arms may be charged with a
violation of the rules of order and decorum as well
as any other applicable ordinance or law.
- — 1:3:7.7.4 Motioh to Enforce. If, the presiding-dfficer of the
City Council fails to enforce the rules of order and
decorum set forth in Section 1.3.2 - 1.3.7, any
member of the City Council may move to require
the Mayor to do so, and an affirmative vote of a
majority of the City Council shall require the Mayor
to do so, and an affirmative vote of a majority of the
Council may appeal to the entire Council the ruling
of the Mayor that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question. If the Mayor fails to carry out the
will of the majority of the City Council, the
® majority may designate another member of the City
Council to act as Mayor for the limited purpose of
13
enforcing the rules of order and decorum
established in Section 1.3.2 - 1.3.7.
1.3.7.7.5 %Clearing the Room. If a meeting of the City Council
is disturbed or disrupted in such a manner as to
make infeasible or improbable the restoration of
order, the Mayor or a majority of the City Council
may exercise the authority granted in the California
Government Code section 54957.9 by ordering the
meeting room cleared and continuing in session in
the manner authorized by Section 54957.9 of the
Government Code.
1.3.8 CONSENT ITEMS
Consent items are the first items on the agenda. Only items that are routine, relate
to implementation of approved budget items or to City operations, are second
readings of ordinances, or are items to be later set for public hearing are to be
placed on the Consent Agenda. Items of significant neighborhood or community
public interest should be heard as a Public Hearing or Business item, and not
placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on
any item without it being pulled from the Consent Agenda.
When a Council Member has a minor question -for clarification
concerning a consent item that will not involve extended
discussion, the item may be pulled for clarification at the
beginning of the meeting. and the questions will be addressed
along with the rest of -the Consent Agenda. There should be no
a«:°objections'`ar:.this time:• -^Council Members=-are"encou"raged
seek clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item
simply to register a dissenting vote, a request should be made
that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting
along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion.
A member of the public may request the Council to pull an
item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda
unless a majority of the Council chooses another time.
14
1.3.9 NOTICED PUBLIC HEARLNGS
Matters which are required:to be heard in a noticed Public Hearing shall be
conducted in the following manner:
1.3.9.1 Time for Consideration. Matters noticed to be heard by the
City Council shall commence no earlier than'the time specified
in the notice of hearing, or as soon thereafter as is reasonable
possible, and shall continue until the same has been completed
or until other disposition of the matter has been made.
1.3.9.2 Continuance of Hearing. Any hearing being held or noticed or
ordered to be held by'the City Council may, by order or notice
of continuance, be continued or re -continued to any subsequent
meeting.
1.3.9.3 Conduct of Hearings. When a matter for Public Hearing comes
before the City Council, the presiding officer shall open the
public hearing and;
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Call for a report on written communications
received by the City pertaining to tlie, item being
heard.
1.3.9.3.3 Request that staff present the staff report and any
other relevant evidence. Presentation of the staff
report prior to the formal opening -of the Public
>:_ _`.r _'Hearing Hearing -.shall not prevent. its consideration as
evidence. Any such evidence shall be made a part
of the record of the Public Hearing.
1.3.9.3.4 The -Mayor shall then recognize the proponents or
appellants in the cause, who shall be permitted 5
minutes to present evidence related to the matter
under consideration.
1.3.9.3.5 The Mayor shall then recognize members of the
public. No person may speak without first being
recognized by the Mayor. Members of the City
Council who wish to ask questions of the speakers
or each during the Public Hearing may do so.
Members should be mindful that the purpose of the
15
1.3.9.4
public hearing is to obtain testimony, and not to
debate the merits of the item under consideration.
Members should avoid debate and expressions of
,,personal opinion until after the close of the public
testimony portion of the Public Hearing. The
Presiding Office shall conduct the hearing in such a
manner as to afford due process, to all affected
persons. Comments from the public shall be limited
to three (3) minutes per speaker for Public Hearings,
unless the City Council affirmatively decides
otherwise.
1.3.9.3.6 The Mayor shall then close the public testimony
portion of'Ahe Public Hearing. Council members
may still, however, ask questions of staff or
members of the public. Upon conclusion of
Council deliberations and immediately prior to a
motion, the Mayor shall formally close the public
hearing. Upon formal closing of the public hearing,
no additional public testimony shall be solicited or
received without reopening the hearing.
Evidence. All persons interested in the matter being heard by
the City Council shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. All such evidence
presented shall be retained.by the City Clerk as part of the
Clerk's record. Prior to declaring the public hearing open, the
Mayor may establish a time limit for the entire public hearing,
or establish time limits for the presentation of each individual
.; speaker. _ e, _V.
CJ
11
16
E
0
1.3.10 CLOSED SESSION INIEETINGS (closed to the public),
1.3.10.1 Closed Session Meetings are regulated pursuant to
the Brown Act. The most common purpose of a
closed session is to avoid revealing confidential
information that may, in specified circumstances,
prejudice the legal or negotiating, position of the
City or compromise the privacy interests of.
employees. Closed sessions should be conducted
keeping those narrow purposes in mind.
1.3.10.2 No member of the Council, employee of the City, or
anyone else.present shall disclose to any person the
content or 'substance of any discussion which takes
place in a closed session unless authorized by a
four=fifths vote of the Council.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to
enhance the awareness and education of the general public regarding the actions
and deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel -to -gavel; whether
presented to the public live or taped, Council coverage is not to be
edited or subjected to editorial comment.
1.4.2 All City Council meetings shall be cablecast or taped for broadcast,
except for meetings or portions of meetings which are closed to the
public, or when the majorityof the Council directs otherwise. Y
1.4.3 Cameras used for the gavel -to -gavel coverage shall be operated only
by City. employees, firms, or persons authorized by the City.
1.4.4 Cameras shall be operated so that they are primarily focused on the
officially recognized speaker, and on any visually displayed
information they may be showing.
1.4.5 "Reaction" shots will not be permitted.
1.4.6 The City Clerk's minutes shall remain the official record of Council
proceedings.
17
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action.
2.1 . SALARIES FOR MAYOR AND COUNCIL MEMBERS
Pursuant to Morro Bay Municipal Code 2.20.010, compensation for services
rendered in an official capacity shall be provided as follows: Members of the City
Council shall receive $300 per month. Pursuant to Morro Bay Municipal Code
2.20.015, the Mayor will receive an additional $200 per month beyond the
compensation paid to Council Members.
,l
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to participation in P.A.R.S.
retirement. The City shall pay a contribution to P.A.R.S. equal to 1% of salary.
The City shall pay in full the cost of the Mayor and Council Members'
participation in health, dental, vision and life insurance. Any unexpended amount
will not be distributed to the Mayor and Council Members in cash.
11
2.3 PROFESSIONAL DEVELOPMENT 0
The Mayor and each Council Member shall be reimbursed for normal and
customary business expenses as follows:
2.3.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and
."incidental expenses and for costs of professional developm6nt and educational
-- conferences' designed to improve' tinderstanding-of and�proficiency'in�'muhicipal'
affairs. Such reimbursement shall be for out -of -county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines. ,
2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE
The City shall reimburse for the cost of participating in the Annual Conference of
the League of California Cities, the City shall also reimburse the following costs
for spousal participation, which is encouraged:
Double room instead of a single room.
• Spousal registration fees to attend Conference seminars (this does not include
reimbursement for recreational activities that may be offered by the League
during meeting activities).
18
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual Council Member or Mayor. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for
public review in the City Clerk's Office and the Mayor and Council Members
shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govem all expenditures for non -local
professional development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be made
from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting
or conference.
.2.5.5- OTHER GUIDELINES
Any other travel -related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
2.6 COUNCIL COMPENSATION COMMITTEE
A five -member review committee shall be appointed by January 31, in
even -numbered years and shall bring its proposed recommendations in resolution
form to the City Council within 90 days, or no later than May 1 st.
Ti]
• Travel expenses only if a bus, train, or plane must be used rather than a city
vehicle.
• If the public official uses his/her personal vehicle, travel reimbursement shall
be provided only the employee.
Meals that spouses, are expected to attend as part of directly -related
Conference activities will be reimbursed at the same per diem as the public
official.
2.3.3 CHANNEL COUNTIES DIVISION MEETINGS
When the spouse of an official or employee is expected to attend a quarterly
meeting of the Channel Counties Division of the League, the meal expense will be
paid by the City with the authorization of the City Manager.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business, Mayor and Council
Members shall be reimbursed for in -county expenses including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
2.4.2 MILEAGE
.For official,travel within the County -of San Luis,,Obispq, reimburseme.nt'shall be
-made uporisulimittah'ofaan offcia.l'mileage expense foim.
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements. are in compliance with approved
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within budget. When exceptional circumstances
require that additional amounts be allocated to accounts, formal Council action
shall be required.
11
M
® Travel expenses only if a bus, train, or plane must be used rather than a city
vehicle.
If the public official uses his/her personal vehicle, travel reimbursement shall
be provided only the employee.
Meals that spouses, are expected to attend as part of directly -related
Conference activities will be reimbursed at the same per diem as the public
official.
2.3.3 CHANNEL COUNTIES DIVISION MEETINGS
When the spouse of an official or employee is expected to attend a quarterly
meeting of the Channel Counties Division of the League, the meal expense will be
paid by the City with the authorization of the City Manager.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
® 2.4.1 CITY BUSINESS
For costs incurred in connection with official City business, Mayor and Council
Members shall be reimbursed for in -county expenses including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
11
2.4.2 MILEAGE
For, official;travel .within.the County of San Luis. -Obispo, reimbursement shall be
made upon sul mittal of'an official mileage expense fore.
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements are in compliance with approved
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within budget. When exceptional circumstances
require that additional amounts be allocated to accounts, formal Council action
shall be required.
19
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual Council Member or Mayor. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for
public review in the City Clerk's Office and the Mayor and Council Members
shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local
professional development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be made
from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting
or conference.
2 5 5 `OTHER GUIDELINES`.-
' - .- -.a .. r; w ,aw'['-r o.�. ...--•Kwi' '_+.�_. .:.fin+
Any other travel -related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
2.6 COUNCIL COMPENSATION COMMITTEE
A five -member review committee shall be appointed by January 31, in
even -numbered years and shall bring its proposed recommendations in resolution
form to the City Council within 90 days, or no later than May 1 st.
® Travel expenses only if a bus, train, or plane must be used rather than a city
vehicle.
If the public official uses his/her personal vehicle, travel reimbursement shall
be provided only the employee.
Meals that spouses. are expected to attend as part of directly -related
Conference activities will be reimbursed at the same per diem as the public
official.
2.3.3 CHAINTI IEL COUNTIES DIVISION MEETINGS
When the spouse of an official or employee is expected to attend a quarterly
meeting of the Channel Counties Division of the League, the meal expense will be
paid by the City with the authorization of the City Manager.
2.4 CITY BUSINESS AND MILEAGE REL 11BURSEbIENT
The Mayor and each Council Member shall be reimbursed as follows:
® 2.4.1 CITY BUSINESS
For costs incurred in connection with official City business, Mayor and Council
Members shall be reimbursed for in -county expenses including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
E
2.4.2 MH EAGE
_. For Official travel within the County. of San Luis Obispo; reimbursement shall be
made upon submittal of an official mileage expense foim.
2.5 GENERAL PROCEDURES AND LLMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements. are in compliance with approved
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within budget. When exceptional circumstances
require that additional amounts be allocated to accounts, formal Council action
shall be required.
19
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual Council Member or Mayor. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for
public review in the City Clerk's Office and the Mayor and Council Members
shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local
professional development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be made
from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting
or conference.
2 5 5 OTHER_ GUIDELINES t ,
Any other travel -related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
2.6 COUNCIL COMPENSATION COMMITTEE
A five -member review committee shall be appointed by January 31, in
even -numbered years and shall bring its proposed recommendations in resolution
form to the City Council within 90 days, or no later than May 1 st.
11
E
2.6.1 MEMBERSHIP
The committee membership' shall have as broad a representation as possible,
including but not.limited to, two former elected officials who are not currently
serving on the Council, and one citizen -at -large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full. Council compensation package including
salary, benefits, expense reimbursement; professional development allowances
and any other compensation provided the City Council. Review should include,
but shall not be limited to: 1) compensation of Council and Mayors of cities of
similar population and/or budget size; 2) compensation practices of both Charter
and General Law cities; 3) Government Code provisions for General Law cities;
and 4) Council and Mayor responsibilities in Morro Bay at the time of the
committee's review; and, 5) any -structural changes that may have occurred in
municipal government either as a result of State legislation or by actions of the
local electorate that .may have added to or deducted from the duties and
responsibilities of the Council Members and/or Mayor.
21
3.1
3.2
..`..3.3
CHAPTER 3
COUNCIL POWERS & APPOINTMENTS
MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform
such other duties consistent with the office as may be imposed by the
Council or by vote of the people. The Mayor shall be entitled to, and must
vote when present, but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to half-
staff in mourning for any member of the community designated to have
made significant contributions to the City of Morro Bay, in accordance
with recognized customs or practices not inconsistent with State and
Federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
except as limited bylaw.
APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term -and is made on
majority vote of the City Council. The Vice Mayor shall be appointed at the first
meeting in December.
FIL'LINC'COUNCIL"VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
The Council shall by a majority vote of the remaining Council members,
appoint a replacement member to the Council within 30 days of the
occurrence of the vacancy. If the Council fails to fill the vacancy within
thirty (30) days of its occurrence, it shall call a special municipal election
to fill the vacancy, to be held not sooner than ninety (90) days or not later
than one. hundred and fifty (150) days following the occurrence of the
vacancy. [Government Code Section 36512]
22
1.
E
11
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all
phases of the Council process to appoint a replacement member to a
vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a
replacement member for a vacancy, the City shall advertise in a local
newspaper of general circulation describing the vacancy and term thereof,
requesting applications from those persons interested in being appointed.
3.3.4 QUALIFICATIONS
Although the only two established . minimum qualifications for
appointment are (1)-domicile in the City for at least 30 days prior to
appointment, and (2) elector status at the time of appointment, each
applicant shall be encouraged to submit a written statement of 200 words
or less covering at a minimum the following:
3.3.4.1 The amount of time available each week to devote to the
Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially
in the preceding 23-month period. .
3.3.4.4 Personal qualifications -.for the position.- —
3.3.4.5 Prior experience in government, or areas associated with or
doing business with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the
public shall be held by the Council to consider the selection of
an applicant to fill the vacancy.
3.3.5.2 The applications shall be given to the Council and be available
to the public at least four days before the opening of the
meeting.
23
3.3.5.3 Members of the public may submit written comments and/or.
questions regarding an application at any time up to 24 hours
before the meeting begins.
3.3.5.4 At the meeting each applicant wishing to serve should be
present to verify that they would be willing to serve if
appointed, and that they are residents of -the City. Each
candidate will be given five minutes to make a presentation to
Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council
except for questions directed by the Council to staff or to
members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open
the floor to nominations by the remaining Council Members.
All nominations, seconding, and voting, shall be done audibly
in public.
3.3.5.7 If no person is appointed, the Council may adjourn the meeting
from time to time to attempt to reach a decision at any time
within 30 days of the occurrence of the vacancy.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person,
officer, Board, or Commission, the Council shall have the power in the name of
the City, to . do and perform all acts and things appropriate to a municipal
corporation and the general welfare of its inhabitants and that are not specifically
fUitidden by tfie`Gonstitution and laws of the-Siatr of California.
3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City
Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State.
C
C
24
rl
3.6 LLrIITATIONS
No member of the Council shall be appointed to or serve as.a voting member of
any City Board, Committee; or Authority, whether composed of citizen volun-
teers, City employees, or a combination of both. This is not to be construed as
prohibiting members of the Council from serving on Committees or Subcom-
mittees of the Council itself, or of agencies representing other local, state or
federal government.
3.7 NrETHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution,
or oral motion duly made and passed.
Ordinances shall become a part of the Municipal Code and so remain until
amended or voided. All municipal laws relating to taxation or to possible
criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the
City Clerk.
® Oral motions shall be recorded only in the minutes of any. regular or special
meeting of the Council.
u
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant
state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is _controversial or of a special nature. In.
_ addition, a majority,of the City Council may direct that the consideration of an
Ord Hance will be set for public hearing.
No ordinance, resolution or motion shall be passed or become effective without
receiving the affirmative vote of at least three members of the Council.
3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of Morro Bay are hereby authorized to
accept and consent to the recording of any deed or grant conveying any interest in
or easement upon real property to the City of Morro Bay.
25
3.10
3.11
LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City
goals, and defend the City against legislative actions by state and federal
governments that would weaken local government or take away traditional
revenue sources. In order to respond promptly and proactively to fast -paced
legislative changes, City staff is authorized to take positions on legislation
provided the positions are consistent with the Legislative Actions of the City
Council, and/or resolutions or recommendations of the League of California
Cities.
AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus curiae briefs, the City Attorney is authorized to participate in such briefs,
at no cost to the City, if the Legal Advisory Committee of the League of
California Cities has urged participation.
0-
C
41
26
® CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph
M. Brown Act, State Government Code Sections 54950 et sec. The intent of the
Act is to ensure .that deliberations and actions of local public agencies are
conducted in open and public meetings. The law provides foi misdemeanor
penalties for members of a board who violate the Act (GC a 54959). In addition,
violations are subject to civil action (GC a 54960). A current copy of the Act will
be provided to all Council Members assuming office, but the provisions that most
directly affect the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC o
54952.2)
® 4.2.2 MEETINGS .
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more)
members are present and information about the business of the
board is received; discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council
contacts more than one other Council Member for the purpose
of deliberating or acting upon an item pending before the City
Council (does not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is
acceptable. (GC a 54953)
is
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements. (GC a 54954.2)
27
4.2A ACTIONS
1
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of
the Council.)
4.2.4.2 That the need to take action arose subsequent to the agenda
being posted (determined by 4/5 of the Council; or if less than
.4/5 are present, by unanimous vote.)
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days of the original agenda. (GC a
54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the
public that is within the jurisdiction of the Council. The City has the right to
establish time limits on speakers and the total time allocated for a particular issue.
(GC o 54954.3)
4.2.6 PUBLIC DISRUPTIONS
u
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible"; the press may remain unless they participate
in the disruption. (GC a 54957.9)
4.2.7 CORRESPONDENCE
All writings distributed for discussion or consideration at a public meeting are
public records. (GC ❑ 54957.5) The public is encouraged to submit written
material regarding agendized items to the City Clerk a week prior to the Council
meeting so that it may be included in the public packet. Written material
distributed at. the meeting will be made a part of the public record. If the material
is too voluminous for Council to review during the meeting or is new material not
previously considered, Council may at its discretion continue the item to a future
meeting.
11
28
® 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real
property with the City's negotiator; the real property. and the
person(s) with whom the City may negotiate must be
announced in open session prior to the closed session. (GC a
54956.8) .
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation; the litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its .ability to
conclude existing settlement negotiation or effectuate service
of process. (GC a 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees; to review
its position and instruct designated representatives. (GC
54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear
® complaint against the employee, unless the employee requests a
public hearing. (GC 6 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with
strict notification requirements delivered to the media and Council 24 hours
before the time of the meeting. (GC o 54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting
requirements if prompt action is required due to the disruption or threatened
disruption of public facilities. Only work stoppages, crippling disasters or other
activities ' that severely impair the public health and/or safety qualify for
emergency meetings. (GC ❑ 54956.5.)
49
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part" of "official city business" than any other written
correspondence, and there is no expectation of privacy for city email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use.
City email is subject to disclosure under the Public Records Act and is subject to
the requirements of the Brown Act. While the Brown Act does not prohibit the
use of email to make, individual contacts between members of the Council, or the
public or staff, great care should be taken to avoid the use of email to contact a
majority of the Council, either individually or serially, "in a connected plan to
engage in collective deliberation on public business."
4.6 OTHER PROVISIONS
The Act provides many other restrictions and requirements; this chapter is
intended merely as a Council summary and over of the Act, and nothing in
this Chapter supersedes the provisions of the Brown Act. Since State law
constantly changes, it is important to ensure you have the latest information.
Please check with the City Attorney and/or the City Clerk for more information.
11
11
C
30
® CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
or otherwise guide and direct staff actions, decisions, recommendations,
workloads and schedules, departmental priorities, and the conduct of City
business.
This chapter addresses the relationship and conduct between Council Members
and staff with the intent of the Councilgo: 1) affirm that governing shall be by
will of the collective Council, and 2) establish guidelines for Council and staff to
ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Council
informed.
® 5.2.1 REQUESTS FOR INFORIMATION
Individual Council Members as well as the Council as a whole shall be permitted
complete freedom of access to any information requested of staff, and shall
receive the full cooperation and candor of staff in being provided with any
requested information.
Council Members shall make routine requests for information through the
appropriat6 . department` head. .' Complex or compreh..nsive' requestsil'for
information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF /
Generally, Council Members shall make requests for work to be done through the
City Manager. Individual members of the Council shall make no attempt to
pressure or influence staff decisions, recommendations, workloads, and schedules,
and departmental priorities without the prior knowledge and approval of the
Council as a whole.
31
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to
keep the Council informed.,- Staff shall present the Council with all relevant
information, as well as alternatives, in an objective, succinct manner. The City
Manager and staff are committed to treating each Council Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to
all requests made by individual Council Members for information or assistance,
provided that, in the judgment of the City Manager the request is not of a
magnitude, either in terms of workload or policy, which would require that it
more appropriately be assigned to staff through the collective direction of the City
Council. In terms of making this judgment, the following guidelines should be
considered: The request should be specific and limited in scope so that staff can
respond without altering other priorities and with only minimal. delay to other
assignments; the request should only impose a "one-time" work requirement, as
opposed to an on -going work requirement; the response to the request should not
require a significant allocation of staff resources (generally defined as consisting
of more than one staff person, or a single staff person working on the issue in
excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole
or from the appropriate management superiors as may be the case. Staff is
directed to reject any attempts by individual members of the Council, to unduly
influence or otherwise .pressure them into making, changing or otherwise
suppressing staff decisions or recommendations,'or changing. departmental work
,Y ~.fiedules and`pnontttes:° Staff"shall report -such attempts to influence them in
confidence to the City Manager, who may inform the Council as a whole of such
attempts. ,
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., membership on Joint Powers Authority), or relative
to a special assignment (e.g., a special task force).
11
kX
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves
written material that may be of interest to other Council Members, the City
Manager will provide copies of the material to all other Council Members. In
making this judgment, the City Manager will consider whether the information is
significant or new or otherwise not available to the Council or of interest to the
Council.
5.3.5 SIGNIFICANT INFORNIATION
Any information, service -related needs, or policy positions perceived as necessary
by individual Council Members, which cannot be fulfilled per the above
guidelines, should be raised by the individual Council Member under the
"Declaration of Future_ Agenda Items" category of a regularly scheduled City
Council meeting. If so directed by the collective action of the Council, then staff
will proceed to complete the work within Council established deadlines.
. •ter `"'
33
1-
CHAPTER SIX
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One member of the Council shall serve as a
voting representative and one member shall serve as alternate. (See 6.6.2 for
appointment procedures). To the best of their ability, Voting Delegates shall
reflect the majority view of the Council as a whole, rather than their own personal
opinions.
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The Mayor shall have discretion to assign individual members of
Council to a liaison role with Community organizations or events. At
the Mayor's discretion, an additional Council member can , be
appointed for each such liaison assignment.
6.2.2 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to
address areas of concern and/or study.
6.3 ROLE OF ADVISORY BOARD MEMBERS AT COUNCIL MEETINGS
6.3.1 • INTENT
To honor advisory board .deliberations, views and positions on issues before
Council; enhance communications between Council and their advisory bodies;
and allow participation and input by advisory board members.
6.3.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those rare occasions when
the City Manager recommendation differs from an advisory
board recommendation, the difference should be clearly noted.
11
34
® 6.3.3 COUNCIL MEETLNGS
6.3.3.1 Members of an advisory board are free to appear and give
testimony .before Council using the public microphone, after
identifying whether they are speaking as a representative of the
advisory board or as a private citizen.
6.3.3.2 Reports to Council must be in written form.
6.4 ROLE OF CITY STAFF PERSONS
Staff support and ,assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees. While they may
work closely with advisory bodies, staff members remain responsible to their
immediate supervisors and ultimately to the City Manager and Council. The
members are responsible for the functions of the advisory board and the
chairperson is responsible for committee compliance with applicable policies and
procedures.
Staff support includes preparation of a summary agenda in conjunction with the
Chairperson, and preparation of agenda reports providing a brief background of
® the issue, a list of alternatives, recommendations, and appropriate backup
material, if necessary. Members of advisory bodies are volunteers and should be
treated with respect and courtesy. : Advisory board members should have
sufficient information to reach decisions based upon a clear explanation of the
issues within their charge. Sometimes members of advisory bodies may request
information not related to their area of service. Staff members should in this case
provide the same level of information and assistance as would be accorded any
citizen. If in the judgment of staff the request goes beyond that standard, the
matter will be turned over to the City Manager. A staff person will be assigned to
sere"e as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council
do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising board to insure appropriate review and that City and State
legislation is complied with.
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens.to the various advisory bodies of the City.
35
6.6
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure that well -qualified,
responsible and willing citizens are given the opportunity to serve the City and
participate in the governing of their community. These procedures will apply to
all appointments and reappointments to standing advisory bodies.
PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the
City at the time and,, during the entire term of appointment,
unless excepted by State law or Council approved special
requirements in advisory committee by-laws.
6.6.1.2.1 The applicant must be at least 18 years of age at the
time of appointment..
6.6.1.2.2 Elected Officials, Officers and Employees of the
City of Morro Bay shall not be considered for
appointment.
6.6.2 TERMS
6.6.2.1 The term of office for each appointee to an advisory board shall
be a maximum of four years. The terms are staggered so that in
no event, will all terms on any committee expire in the. same
year. Incumbents may apply for subsequent terms of service.
Terms'of.Office_wilL-expire on -January 31l;:of t &specified-_' v `"
year.
6.6.2.2 Persons appointed to fill the remainder of a vacated office term
may reapply to serve on the same advisory board.
6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to
serve on more than one advisory board, except that a member
may also serve on one technical or special-purpose committee
at the same time. If appointed to another committee, he/she
will be expected to resign from one board upon being
appointed to another.
RE
® 6.6.3 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk's
Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise
the City Council of the terms that are due to expire on each
advisory board. The City Clerk shall also notify each advisory
member whose term is due to expire. Each of these members
shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Clerk shall then place an advertisement in the local
newspaper, inviting citizens to apply for consideration as an
appointment to an advisory board, with instructions regarding
the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting of
the advisory body applied for prior to the interview with the
City Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview
® qualified applicants. In making appointments, the Council
shall strive for a representative cross-section of both lay and
professional knowledge. The Council will act by separate
motion on each appointment made.
6.6.3.6.1 Applicants not appointed will be advised and their applications.
held for up to one year for consideration in the event of a future
vacancy.
6.6:3�6:2'-Carididates'not`appearing'for'intenriew bzfore'the City Council•
will be considered for appointment only upon a finding of the
City Council by motion that the absence arises from excusable
neglect.
0 Revision: (7/23/01)
37
RESOLUTION NO. 46-01
RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED
® AGREEMENT FOR INTERIM WATER SOURCES
the City Council,
City of Morro Bay, California
WHEREAS, via Resolution No. 65-00, the Morro Bay City Council declared the community
to be in emergency conditions due to contamination of the City's Morro Well Field by MtBE; and
WHEREAS, the City of Morro Bay and Equilon Enterprises, LLC have agreed to the terms
and conditions of a Stipulated Agreement wherein Equilon shall provide funding for interim water
sources for the City in amounts equivalent to the highest annual pumpage yield of the Morro Well
Field between 1986 and 1996 for the duration of the remediation of MtBE; and
WHEREAS, said funding shall be applied towards water sources including the community's
desalination plant, source waterwells, related water systems and facilities, implementation of studies
and measures to ensure adequate water supplies, water system reliability and/or promote water
conservation as. determined by the City; and
WHEREAS, at a regular meeting on March 26, 2001 the City Council obligated monies from
said funding for specific tasks, some of which are completed and some of which are underway; and
WHEREAS, it is necessary to augment current tasks and/or pursue further measures,
studies, projects and tasks at this time; and
WHEREAS, City staff has prepared a prioritized list of recommended measures, studies,
projects and tasks to provide interim water resources for payment received in June, 2001 with the
recommended fund allocations totaling $ 200,000; and
WHEREAS, the recommended prioritized list is comprised of the following tasks and
® accompanying estimated costs:
- Supply: CMC Pumping Facilities 50,000
- Supply: Supplemental Desalination Facility Analysis: 15,000
- Supply: CMC Water Treatment Plant Analysis, Phase 2: 100,000
- System Reliability: Blending Pipeline Augmentation: 35,000; and
WHEREAS, at a regular meeting held on July 9, 2001 the City Council considered the matter.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the allocation
of funds from the Equilon Stipulated Agreement to the recommended water sources are hereby
determined to be necessary; and
BE IT FURTHER RESOLVED, funds received by the City as result of said Agreement are
hereby obligated to said tasks in said amounts.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held
on the 9 h day of July, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NAYES: None
ABSENT: None
ABSTAIN: None
46��AYNOEIR�SION , Mayor
ATTEST:
BRIDGETT EyUER, City Clerk
® Resolution No. 45-01
RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. 9909:
MORRO BAY HIGH SCHOOL BIKE PATH
The City Council,
City of Morro Bay, California
WHEREAS, installation of bikeways in the community of Morro Bay is an identified
priority of the Circulation Element to the General Plan as an encouragement of use of
alternative modes of transportation; and
WHEREAS, the Class 1 Morro Bay High School Bike Path is an alternative route to
State Highway 1 for the Pacific Coast Bikeway and as such is regionally significant; and
WHEREAS, the City has secured funding from Proposition 116 and Regional State
Highway Account (RSHA) funding sources to install the bike path; and
WHEREAS, plans and specifications for Project No. 9909: Morro Bay High School Bike
Path were prepared and bid pursuant to the Public Contract Code; and
WHEREAS, John Madonna Construction Company, San Luis Obispo, submitted the
lowest responsible bid in the total amount of $162,499.15; and
WHEREAS, issuance of pending permits for environmental requirements is a critical
part of completion of the Project; and
WHEREAS, minimizing disruption of Morro Bay High School operations is important
® and award at this time promises to minimize said disruptions; and
WHEREAS, it is in the public interest that the Project be constructed at this time.
NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the
contract for Project No. 9909: Morro Bay High School Bike Path is hereby awarded to John
Madonna Construction Company of San Luis Obispo in the amount of $162,499.15; and
BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract
documents reflecting this action.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 9' day of July, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
D E A ERSON, Mayor
ATTEST:
_ BRIDGET,BAUER,
m
0
O
i
E
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
O
m
0
0
p
c
0
0
0
0
0
0
0
0
0
0
0
m
0
OJ
O
O
N
W
O
O
N
O
O
N
0
0
0
d)
O
O
C
O
C
Q
�mmONN
N
nth
V
MNNC
N
R
rda
ONE
V
MOrr
dam
Oda
mNOn
da
da
di
dada
Omdi
�--N
di
dam
�
O
da
da
da
daM�rn
N��da
m�da
da
df
dam
�
da
U
O
O
O
O
O
O
O
O
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
O
@
O
O
O
O
O
O
O
O
O
O
O
M
O
O
O
O
O
O
O
O
O
O
O
O
O
O
N
M
N
O
N
.--
L>
aNn000NNmMONmda�OOmmNN�OO�OmMda
da
da
da
da
--�
�
O)m
ON
NV
da
M
rn
fA
da0
N
�rA�
Odin
m
NM
M
N
>
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
O
o
0
0
0
0
0
0
0
0
0
0
0
0
O
O
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
m
0
0
0
0
C
O
O
O
m
m
In
O
O
N
C
N
r
V
V
O
N
M
M
M
O
O>
m
r
m
O
m
m<
M
r
N
N
C
V
O
NON
r
N��N
N�
N
_
_
df
dam
da
da
dam
da
daN
di
fn
da
�,.�
U
da
di
da
df
di
_m
fA
M�
da
da
FA
�
di
da
di
O
�
da
da
da
c
@
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
N
O
N
N
O
a
o0
o
N0000
V
O
N
mto
V
OO
Nm
N�!]
�
OOMm
00di
da
da
da
da
—oor�mNooNdaV
j
v
o
�
da
�i
�
n
ui
'»
dada
dioN�ds�rndamnmMMv
N
da
da
da
da
da
da
darn
da
N
da
da
da
da
da
N�
M�
da
�
0
0
0
0
0
0
0
0
0
...
00
0
.....
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
m
N
O
C
O
C
C
O
O
O
O
O
O
O
O
V
N
N
O
O
O
O
O
N
O
O
N
m
O
O
N
O
0
0
N
n
N
N
m
C
da
rn
b9
da
da
N�
N�
rM
da
M�
da
�
�
da
�
fA
da
0
@
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N
N
N
O
O
o
O
O
O
O
O
O
O
O
O
O
t t)
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
c
V
'c00000000co
aoovmoMooMrNmdamooNnvn�mNnrnoMda
vi000i000vin
ovi�ooui000M�v�
6
da
da
da
da
L
da
da
rn
df
N�
M�
fA
da
O
O
OT
m
n
N
m
r-
.-
m
0
n`co
TITT
m
TICT
M
Nv`On
N
!N
n
Qo
_
c
m(n
@
@Un
Un
(n
(n
@dl
N
C
N
CLL
LLN
UJ
@
@
d
@
@
@
@
LLLL}
J
J
W
W
J
J
J
J
w
J
F
(n
JJJ
W
W
W_
_j_i
j
J
W
W
W
W
W
W
jj
JJJ
(n
(n
c
U
a
N
N
@
Nrn
22
d
O
Co
O
N
m
@
C
d
0(D
is
@
U
m
_
O
O
-
E
c
F.
E
m
U
an
>
cpi
c
c
c
�c
COa
(n
O
t]
L
O
d
C
m
O
@
d@
a
V
d
d
>
C
O
JJJ
C
d
d
U
dCnU(a
O)
y�@m
C
(n
C
m
m
U
D
d�
C
'fE>
Y
]C
�
UUU
(d
n
mmO
qm
WHW
p3>
O
@
a
JCX
C
wOL
OU
a
0-OO
---'->>
900p�EE00mE�
NE
2
o
2
o
o
xomodac
y
omNO
xwwxNUa00mm00x>
0
Lev"v
oax
�
N
N
...
M
Q
N
N
m
N
n
N
m
N
O
N
O
M
m
M
N
M
da
I
uli
c
0
0
E
Q
V
m
0
f
m
`o
N
O
O
J.
m
O
O
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
E
m
t0
�n
'Am
m
0>
Q
m
vi�n
m
O
,
N
Nvi
fA
diCi
O
to
Vi
Vi
V3
43
N�
fA
Q�
fA
to
V3
fA
N�
Hi
fA
EA
fA
(A
fA
to
U
�
43
�
C
Oof
O)
n
t0
Nc7N
m
r
O)
(O
m
000
O
N
NN
Oche
m
a'-
�
a
�.O
NOtt�
C
N
OONOmp
Q
mn
mnfAQMM
N
N
ntANOCDOO
to
O?
Q
�fA
cO
w
m
�
01
(ON
OOOJm
On
�43
O
fA
fA
t9
Vi
Q
OM
�
�NC4
V3
fAM
O
O
�
V�
to��fA
fA
�
fA
Q
EA
M�
fA
to
EA
fA
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N
ON
E
n
�
N
p
m
N
NnmoN
O��In
Q
��N
pO
Q
Q
Nm
fAM
6�c0
Oj
EA
�O
di
Q
eH
wt000
Vi
fA
tAN
NCO
ViN
In
Vim
Q
C
C
t9
�
fA
di
fA
V3
V3
N
N
Vi
Q
fA
Vi
f9
b9
fA
O
fA
to
fA
fA
fA
EA
U
@
o
0
0
0
0
0
0
0
0
0
0
o
m
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
m
a
m.-O
n
OOONO)
Q
N
CO
fA
LL]OOOm
On
OnO�
Q)O
�MfA
HY
to
EA
cn
.
�.N�
�
r
�
W
QNm�
t0w�mVi
�
�
Ni
V3OQ
nj
�
�fA�ON1O�QNNm
fA
fA
Vi
M
f9
fA
t9
Ui
fA
LL'1
�69�
fA
FA
Ntfl
fAN
�
Q
�
(9
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
p
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
'
c
z
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
N
0
0
Q
CO
n
O
O
O
0
O
0
O
0
O
Q
O
CD
O
O
O
N
N
O
O
O
O
CJ
O
N
O
N
O
O
Q
N
O
O
O
Q
p
N
m
m
U
¢
fA
EA
fA
fA
fA
fA
N
N
di
e»
m
M
t9
Vi
V!
N
fA
M
Vf
to
Vf
O
Y
V3
(A
Vi
1A
Vi
QF
0
0
0
0
0
0
0
0
O
0
O
0
O
0
O
0
O
0
0
0
0
0
0
0
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
N
0
m
0
0
N
�
a
000
00000
0
0
.
0
OJ
0
N
CO
N
C
COM000O
Cn
O
O
O
O
O
N
O
Q
O
�
N
�
O
�00
O
O
t9
O
Q
O
<D
O
to
to
m
fA
Yi
Q
Ni
Vi
OT
6
��
Vi
fA
M
O
fA
40A
E9
Nf
ei
0yQq�
��fA
Q
�
M
CAn
N
.-
�m
N
O�
O)
T
CO
N
Q
n
y O
O
TIT
IV
T
N
N
O
_
'c
L7N
N
@(/%(/1
(�%U
Nfn
N
C
N
C
LLLLUI
c/1
A
c0
@CnLL
t0
A
t9
@
@
cO
LLLL
LL
LL
Y
J
J
W
W
J
J
J
J
W
J
F-
F-
U
J
J
J
W
W
W
J
J
W
W
W
W
W
W
J
J
J
(n
U
m
cn
N
O
U
@
—
Cn
O
U
@
@
@
@
-2
m
O
E
c'
-
F
E
N
-
'2O
i4
nO
0.
w
0
mO
CL
YELCOEN
~HO(
O
J
O
U
N
ONm
U0aN
UUULUW
UvQU
W
H"
0
N
>Oa3
Lm.UU)
N
NU
0
0.y
3o
o
m
L-VUoWo
m
'
V
Z
EEE2EcLL
cxcccE>V
>
v2000i
O
0
U
0
m
Y
a0
N
O
K
@1)
o
�
�
N
of
O
n
N
O
Q
69
{H
N
Q
H
fA
Q
m
c�
0
M
m
m
71
m
0
O
2
!E
c
O
E
0
t
a
`c
0
E
a
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
m
0
o
0
o
0
m
0
o
O
m
O
N
O
O
t O
O
O
N
n
m
O
t h
N
N
m
M
o J
6
n
O
O
n
N
M
O
m
6
N
O
Q
m
0
t n
N
o
OO
E
10
Cl
o
N
Q
Q
mN(h
cli
Q
n
c��0
'fl
n
(d
r
cc;
OmchNmLL�t"1n
co
'A
o
cn
19
n
0
N
Om(h
is�
"�
c�i
O�OO
e»i»en
v
mod
i»i»rn
�_�
cci
U
¢
N�in
rH
lul)
fA
u>
c»
en
<»
%
N
Q
O
Q
O
•-
m>
n
m
N
N
Q
O
O
m
0
MLL
N
tUNUUU
60
C
C
LL
LL!n0
f0@
f0
@Fo0C6
J
J
J
W
W
W
W
W
JJJ(n
VJ
m
U
N
m
O
`m
—
U
O
U
N
@
(D
O
(O
i�
N
(U
(J`
d
@
0
0
O
0]
O
d
O
m
m
p
d
in
O
E
0
U—
m
o
d
5
o
>
�
c
J
c
J
c
J
Y
CO
m
`
L
d
o
O
U)
d
O
E
N
c
O
m
@
m
O@>
u
0-
m
LL
c
c
c
J
O
d
d
o
U
E=
o
s
m
0
Y'
v
o
L
L
L
c
a
c
c
U
x
d
c.x
o
rn
rn
t
c@@@
L
N—
o
F@
U
Oa3
W
m
mX
w
o
;_,
Q
Y
d
a>
>
@
Tn
o@>
c
y=
ao
c
m
a)
a
m
s
d
dL
U>
@
c
U
a
E=
c
N
m
�+
N
m
0
o
W
@UirE
=
y
t
d
U
E
u
U
a
a
a
o
o
s
?i
'>o
a
o
`�
o
E
o
E
N
-ONOOy�aN(0U
>F-
O
1-
O
d
�Cf
O
E
WU
Q
UUo]m
tn9P>,2
Nt�l
N
M!�
m
n
m
0
0
N
N
N
N
M
N
Q
N
V 1
N
m
N
rz
n
N
m
N
N
N
O
M
�"1
N
th
0 HUNT
& ASSOCIATES
Affomw and Counselors of La w
TO: HONORABLE MAYOR AND CITY
COUNCIL OF THE CITY OF MORRO BAY
FROM: OFFICE OFTHE Cm ATTORNEY
ujw.v , nno
IGEND
Date 1 o q
STAFF REPORT
DATE: JULY 6, 2001
CLT/MTR: CMBCTY.PW
-- T$AA'sFoRTATTONLSSU£s
-- BIKE IVAYISSUES
SUBJECT: STAFF REPORT FOR JULY 9, 2001 , MEETING RE: AWARD OF CONTRACT: PROJECT
No. 9909 MoRRo BAY HIGH SCHOOL BIKE PATH; STATUS OF EASEMENT
AGREEMENT
This Staff Report describes the current status of the negotiations between the
City and Charles Ogle regarding an easement agreement which would.allow the Bicycle
Path Project to go forward.
Throughout this year, the City has been negotiating with Ogle to reach an
agreement wherein Ogle would grant the City an easement which would allow the City
® to build the bike path over the preferred course, in lieu of a less desirable course. As a
result, Bill Boucher requested that our office review numerous drafts of the evolving
agreement. We did so, and requested numerous changes, all of which were
successfully negotiated, by either Mr. Boucher or our office, with Chuck P. Ogle, the
owners son and attorney.
Unfortunately, just when everyone thought that a final agreement was eminent,
Ogle inserted into the June 11, 2001 draft agreement language which stated that Ogle
could not guaranty that he in fact owned the property that he was willing to convey to
the City: "Owner makes no representation that he owns clear or insurable title to the
property as a whole, or to any part thereof, including the Easement area," and that
"Cityshall satisfy itself that the grant of easement conveys a sufficient interest in the
subject portion of Lot 15 to allow the uses described herein."
Thereafter, we were advised by Chuck P. Ogle that the need for this ownership -
disclaimer language was the result of First American Title's conclusions that the metes
and bounds description of a prior conveyance was interpreted to mean that the now -
purportedly -defunct Morro Bay Land and Investment Company, and/or the State of
Prepared By: �ASSISTA�N7C
-
PLTE E. U ml,o
Approved By:
RoeERT W.
Page I or 3
Meeting Date: July 9, 2001
STAFF REPORT
July 9, 2001
® California, possibly owned the land subject to the easement. Ogle then advised our
office that he had no long term concerns about this discrepancy because:
(1) In Ogle's opinion, the "ordinary language" portions of the conveyance
documents make it clear that Ogle does own the subject property, and that in the event
of a discrepancy between the two descriptions, the law is that the ordinary language
description would control over the metes and bounds description. Ogle stated that his
father intends to file a lawsuit seeking to quiet title' to the subject property before the
end of summer; and
(2) A public access easement was already in place over the proposed bike
path, and that it would protect the City in the event of a subsequent claim of ownership,
pursuant to the metes and bounds description, of the easement that Ogle wished to
convey.
We informed Ogle that this placed the City in the position of accepting the
easement with the risk of a title dispute. Ogle concurred that this was the position the
City was in, and he was unable to suggest any solution, other than as outlined above.
He also advised our office that First American Title would not insure the property
subject to the proposed easement.
Our research concluded that Ogle was correct that an ordinary language
description would prevail over a metes and bounds description, assuming both are clear
and no other controlling factors exist. Hence, we requested that John Sanders of North
Coast Engineering, who was already working on the project, advised our office whether
and to what extent the ordinary language description and the metes and bounds
® description include the portion of the Ogle property that the bike path would run over.
We also asked Mr. Sanders as to his opinion whether the existing public access
easement was clearly in the location over the bike path.
We advised the City on June 12 that, under the current circumstances, should it
wish to enter the problematic agreement as the result of time pressure caused by the
State Grant expiration date, the City would need to accept the easement with the
knowledge that a title cloud exists, that Ogle may institute litigation, and that the City
could become involved in that litigation.
Thereafter, I was informed by First American Title that, in their opinion, there
was in fact no discrepancy as to the ownership of the property. Rather, First American
Title indicated that title clearly belonged to the Morro Bay Land and Investment
Company. Thereafter, I notified both the City, NCE and Chuck P. Ogle of this fact. Mr.
Ogle indicated surprise at this statement, and that it was contrary to his previous
understanding of the title company's analysis.
Therefore, the situation currently stands as follows:
We have been unable to satisfy itself as to the ownership of the property subject
to the easement. We have received no input from any source which would mitigate
our concerns about title. Therefore, as to the proposed acceptance of the Ogle
easement, the City would have to enter the transaction at this time with the express
I A quiet title lawsuit seeks a court order declaring the lawful owner(s) of property. It would require the
participation of all parties claiming any type of interest in the subject property.
Page 2 of 3
case
A;
STAFF REPORT
JuLy 9, 2001
understanding that a prior owner may subsequently claim ownership of the property,
and that corresponding litigation may follow. Although the likelihood that this will
occur may be perceived as low, it is our obligation to advise the City of this
circumstance. Because of the time pressure caused by the potential loss of the State
Grant money, there is no complete solution to this problem which is currently available.
With respect to the right-of-way easement already in existence, we still do not
know whether and to what extent this easement covets the bike path property
completely. Further, the issue of whether or not a public access easement for ingress
and egress would authorize the existence of a permanent bicycle path is also a concern.
Although our common sense and legal knowledge tells us that it would, the law is
unclear on this specific issue.
As a practical matter, we believe that it is unlikely that a title dispute will occur
in the future over the subject property. We also believe that should that happen, an
action in eminent domain ttti�ht2 resolve most of the difficulties and allow the City to
obtain full and complete ownership of the subject land. Nevertheless, we have
throughout this process been obligated to advise the City about the title cloud, and that,
various undesirable consequences may result.
Finally, the City should be advised that, as currently written, the indemnity
clause in the agreement (which is already highly favorable to Ogle) would most likely
be construed to require the City to defend Ogle should any entity sue to quite title to the
easement property. We recommend that the indemnity language be modified to
eliminate such a possibility.
® Rws
PEC/vr
cc: Robert Hendrix, City Manager
s/rx71cmbctypw/mc0I0706.Ea MenGRpt
No research has been done with respect to eminent domain.
- Page 3 or 3
SrAiT REPORT
Jin,' 9, 2001
RESOLUTION NO.43-01
A RESOLUTION OF THE CITY COUNCIL
® OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING AN AMENDMENT TO THE BY-LAWS
OF THE LEAGUE OF CALIFORNIA CITIES
TO ESTABLISH THE GRASSROOTS NETWORK PROGRAIM
AND INCREASE DUES TO FUND THIS EFFORT
The City Council
City of Morro Bay, California
WHEREAS, the City of Morro Bay, like other California cities, has witnessed its authority and
revenues erode in recent years by political actions at the State level of government; and
WHEREAS, legislative acts reducing the amount of property tax allocated to cities, mandating
binding arbitration of compensation issues with public safety personnel, and other restrictions on local
discretion have reduced the home rule authority available to local elected officials who are directly
accountable to the public for their decisions; and
WHEREAS, the Board of Directors of the League of California Cities has requested support for the
implementation of a Grassroots Coordinator Network (hereinafter "Grassroots Network"), that would
include the development of a network of a staff of ten field offices, staffed by grassroots coordinators; and
WHEREAS, the Grassroots Network would trigger greater focus in cities across the State on the
®acts of the legislature through more active involvement by city officials, collaboration with community
groups, effective media relations, and closer partnerships with the members of the State Legislature and
their district office staff; and
WHEREAS, events of the last ten years clearly demonstrate that new and aggressive advocacy
efforts such as the Grassroots Network may be necessary to advance the cause of local control and strong
cities.
hereby:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mono Bay
1) Supports the proposal of the Board of Directors of the League of California Cities to
create the Grassroots Network:
2) Supports an increase in League of California Cities' dues to fund this new initiative; and
3) Authorizes the Mayor to cast the City's ballot in favor of a bylaws amendment thereby
establishing the Grassroots Network.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Mono Bay,
California, on the 25a' day of June, 2001.
AYES: Anderson, Crotzer, Elliott, Peirce,
NOES: None
ABSENT: None
Is
ATTEST:
BRIDGETT AUER, City Clerk
Peters
OpCER4A�NtERSt
0
0
City of
League of California Cities
Ballot on Grassroots Network
Morro Bay
Does your city vote to approve the addition of article XVI to the
League's bylaws relating to the establishment of a League
Grassroots Network (attached as Attachment A and
incorporated by reference in this, ballot), along with the dues
schedule (attached as Attachment B and also incorporated by
reference in this ballot)?
[x] Yes
[ ] No
Ballot returned by:
Rodger Anderson City Official Name
Mayor City Official Title
Ballots must be returned by First Class Mail and postmarked no
later than July 6, 2001.
Return ballots to:
League of California Cities
1400 K Street, 4t' Floor
Sacramento, CA 95814
Attention: Counting Committee
Attachment A:
® Proposed Addition to League Bylaws
Article XVI: Establishment and Financing of
Grassroots Network
Section 1: Enhancement of Advocacy Efforts.
To enhance the League's advocacy efforts on behalf of cities, the League hereby
establishes a Grassroots Network. The Grassroots Network consists of a series of field
offices throughout California, responsible for coordinating city advocacy efforts and
promoting statewide League policy priorities.
Section 2: Dues Increase
(a) Initial Financing. The dues increase approved concurrently with the addition
of Article XVI shall finance the League's Grassroots Network for the second half
of 2001 and for 2002. The increase shall be used exclusively to finance the
Grassroots Network.
(b) Continued Financing. Any subsequent dues increases shall occur in
accordance with Article IV.'
® Section 3: Accountability
(a) Annual Goal -Setting and Performance Assessment. The League Board
shall set long-term goals and annual objectives for the League's Grassroots
Network. The League Board shall periodically report to the League's Member
Cities on the Grassroots Network's performance in meeting those goals and
objectives.
(b) Board Discontinuance. If at any time the League Board finds the
Grassroots Network is not meeting its objectives on behalf of cities, the League
Board may discontinue the Grassroots Network.
(c) Membership Vote on Program Continuation. On or before December 31,
2007, the Board shall ask Member Cities to vote on whether to continue the
Grassroots Network beyond December 31, 2008.2
' Explanatory Note: 'Article IV' is the existing section of the League's bylaws, which provide for 1) a
two-thirds vote of approval by the League board for all dues increases as well as 2) division ratification of dues
increases in excess of the Consumer Price Index. Article IV also caps individual city dues increases at $5,000
per year.
® 1 The League's bylaws provide that a majority of votes cast is necessary for decision on League votes.
See Article XII, § 4.
E
Attachment B:
Proposed Dues to Establish the Grassroots Network
(A)
�t5(B)
-;y
(C)'(D)`
(E)
Addr4
Base
� A�n�n
Total Dues
s�.Duesfor
Including
Base
Duesifor�
Dues for
?G`ra ts$
Grassroots
Dues
Paid in
r� :-
;Grassroots
)�%rLas�thaKrH
2002
(Est )
, Nei_woo
002 R tijK
Network
2002
(Est)
For cities having a population of:
2001
�of 20p1�
[A + 4%][e
z2j
[C + D]
1
501
t0
to
500
600
... $37
99
��'� 0,
911
$39..3
103
$ZD
r �
$59
601
to
700
...
197
52-=
205
s,
,z2 OT 8
157
312
701
to
800
216
!'�57-
225
N 118
342
...
s
u .,
801
to
...
z _
269
410
901
to
000
1,000
317
317
83,
a
330
A '-173 °
v_�
503
1,001
to
1,250
494
-� 130<=
514
?x 70N
7B4
1,251
to
1,500
... fill
_ • ,..„;1609
635
A
969
1,501
to
1,750
... 727
�9
756
Z
1,152
1,751
to
2,000
865
{ 3 227'
900473
1,373
2,001
2,251
to
to
2,250
2,550
921
1,020
2
" 26&
958
1,061
503
��
1,461
1,618
2,501
to
2,750
... 1,078
'-; , r2
1,122
S89`.
1.710
2,751
3,001
to
to
3,000
4,000
... 1,176
1,316
x,. '309-
�...-.,
1,223
1,369
� �
a• 7-i9
1,865
2,088
c����
4,001
to
5,000
... 1,570
t 7412
1,633
2,490
5,001
7,501
10,001
to
to
to
7,500
10,000
15,000
2,044
2,359
... 2,848
�xffi536
61
" 747--
2,1251:116,Z
2,453
2,961
t;288A
.1 Y
3,241
3,741
4,516
15,001
to
20,000
3,279
8=61
K �0
3,411K
-41a
5,201
to
25,000
4,105
,8
4,269
-29I.20,001
�
6,511
25,001
30,001
40,001
to
to
to
30,000
40,000
50,000
4,930?1?
6,068
... 7,382
h593K
i 9_38
5,127
6.311
7,677
Y` 2§,B
� 33-I"I"
,4;031
7,818
9.624
11,708
50,001
to
60,000
... 8,504
32 '
8,844
_4;643'
13,487
60,001
to
70,000
9,346
9,720
' 5103
14.823
70,001
to
80.000
... 9,817
2
�
10,210
5;36Q:
15,570
80,001
to
90,000
... 10,464
t-2;747-
- a
10,883
5.714
16,597
90,001
to
100,000
... 11,464
_ �6,009�
Y3i43 �
11,923
6260'
18,182
100,001
125,001
to
to
125,000
150,000
... 13,075
14,392
✓-d
3778"•c
13,598
14,968
c `t7!
20,737
22,826
150,001
to
200,000
...
... 16357
y ;29.44
17,011
931
25,942
.378
200.001
to,
500,000
17176
4509a
17,863
27,241
Plus 819
- 215
852
m447
1,299
full 10,000 of
per each
population over 200,001
500,001
to
640,000
41,693
1 -_, 10-944-
43,361
"'22;764
66,125
Plus 757
1199 =
787
.413
1.201
full 10,000 of
per each
population over 500,001
Over
640,000
51,950
13;6376
54,028
"-28�365�
82,393
For purposes of establishing the grassroots network, the $5,000 dues cap in League bylaws article IV, section 2, is
suspended for the years 2001 and 2002. The dues cap will apply to base dues without interruption and will apply
to total dues in year 2003 and years following.
The League board will consider in September whether a cost -of -living adjustment for dues will be needed in 2002.
This table shows 2002 dues with a cost -of -living adjustment of 4%.
r(1
L-A
RESOLUTION NO. 42-01
APPROVAL OF AMENDMENT 81 TO THE LEASE AGREEMENT FOR
LEASE SITE 113W
EXTENDING THE TERM OF THE LEASE AGREEMENT FOR THREE YEARS
THE CITY COUNCIL
Cite 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 113 W: and.
WHEREAS. Virg's Fish'n Inc. is the lessee of said property: and.
WHEREAS, the lease agreement for said property will terminate on July 1, 2001; and.
WHEREAS, the lessee has requested a renewal of the lease agreement for future
operations: and.
and.
WHEREAS, the adjacent leaseholder has plans for major redevelopment of the area:
® WHEREAS, until both the lessee and adjacent leaseholder finalize their development
plans it would benefit both the City and lessee to extend the current lease agreement for three
years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that Amendment # 1 to the lease agreement for Lease Site l li W, extending the term of the
lease for three years.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 251h day of June 2601, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
r'• ► DERSON. MAYOR
BRIDGETT AAUER, CITY CLERK
i
AMENDMENT #1 TO LEASE AGREEMENT FOR LEASE SITE 113W
®This amendment is made and entered into as of this _ day of _ 2001 by and between the City of
Morro Bay, a municipal corporation of the state of California (hereinafter "City") and Vlrg's Flsh'n Inc,
(hereinafter "Tenant") to amend that certain ground lease for Lease Site 113W (hereinafter Lease) between
City and Tenant dated July 30 1991.
Whereas, Tenant has operated a sportfishing and bait/tackle business on the Morro Bay waterfront for
many years and;
Whereas, Tenant's current interim lease will terminate on July 1, 2001, and;
Whereas, Driscoll's wharf is currently developing plans for a seafood processing facility/cannery directly
north of Tenant's business; and,
Whereas, Tenant is currently developing long-range plans for their business on the Morro Bay waterfront;
and,
Whereas, Tenant and City desire additional time to plan for future long-term improvements on the North
Waterfront including reconstruction of the docks on Lease Site 113W.
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 June 30, 2004:
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.
'0111"0 285Isl:�
vTw
dg4r'Anderson, Mayor
Robert Hendrix, City Manager
APPROVED AS TO FORM
ATTEST;
TENANT— VIRG'S FISH'N INC.
�, Alh
Sfia'r-on'Moore, President
Nhil, Vice President
0 CITY COUNCIL RESOLUTION NO.41-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002
FOR THE CITY OF MORRO BAY
WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds
by the City; 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 1 1 1 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 2001-2002 Appropriations Limit at $14,547,079
from the proceeds of taxes.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of
June 2001, by the following vote to wit:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
�g��
R ger And on,
Mayo
Bridgett B er, City erk
`J
ATTACHMENT A
El
C
O
N N
O j
N U
m co
o U
� O
N E
0
J
O N C
} O
.� f0
y O.
E O
a
O_
Q
E
�0
cry
O
c+)
co
o
1-
LL
y
(o
v
C
co
(n
N
ri
O
r
Q
O
O
U
0
o
O
o
v
�
(o
O
ao
w
LO
rn
r`
v
O
o
(o
m
o
rn
Ln
IT
IT
v
(o
LO
m
a)O
m
LO
to
N
(O
(O
(O
N
O
(O
cr
ao
r
_
r
r-
(O
(o
LO
t`
M
_N
r
CO
cm
N
�
m
(O
N
m
I--
r
co
N
-
R
x
X1
xi
I
x
x
X1
xi
X1
I
Io
to
o
o
o
co
n
(n
n
n
n
m
O
O
O
co
O
(O
N_
�O
(O
O
O
(O
IT
(O
O
N
O
N
cr
O
(O
LO
(O
(O
LO
17
V
(O
IT
r
a
O
IT
I
V
(O
(O
-It
(O
N
N
n
r
co
_
Ld
ui
t0
o
0
y
x
co
k-y
O
C
li
x
co
y
0-
l0
y
m
N
(
ca
T
cc
7
C
c6
m
C
J
W
' n
E
m
w
O
LL
7
N
C
L
>
OC>
2
y
m
Or
A
y
U
Z
m
U
i
of
C
m
O
G)
2
y
£
N
LO
a
N
.@L
f0
2
m
C
0
Ny
Xy
0a
7
U
O
o
cn
m
U
a
C
Z
odOO
OOm
yC
7LL
E
U
a)
CCEmO
C
ATTACHMENT B.
N t
a U
a 5
0 O
C W
V !D
I7
to
m
IO
n
m
m_
fCmll
�(l
N
N
O
t0
O
CD
{ Wp
I_
M
m
O
tQ0
( Ny
<
O)
P
tD
N
N
N
W
O
OIN
IN
^�
m
0
Nm
M
mhN
O
IN
1�
W
Q
r
'NNW
M�m
O
O
O
in
mmm
m
n
n
m
m
m
m
m
O
O
Nphi(l
QAp
m
m
Q!
fNfpp
OOi
O
W
f0
W
N
O
S
m
Y
Ip
M
O
N
O
m
Q
O
lV
I7
N
O
I7
N
N
IN
IN
N
Z
tml
N
M
pp
O
m
r
N
On
m
O
m
M
�
r
Z
N
I7
N
1-I�
n
IN
m
IN
CIDf0
in
inN
O1
m
O
W
N
C
Q
Q
N
O
P<
O<
0
0
1�
Q
Z
IN
W
n
o
n
e
n
o$
n
In
W
m
W
O
m
O
f7
IV
I7
M
O
Q
Z
W
n
W
O
m
W
m
W
N
m
W
l7
m
W
W
N
m
W
m
m
W
n
m
W
W
W
m
O
W
W
W
W
N
Ol
O1
Pl
W
W
W
m
W
W
W
n
W
W
m
W
W
W
Ol
W
N
O
N
0
,
7
n
W
n
W
(D
W
m
W
N
m
W
CI
m
W
m
m
W
t0
m
W
n
m
W
m
m
Of
W
m
W
O'
W
W
OI
W
N
S
lh
W
W
O
Of
W
m
W
W
t0
Of
W
n
W
W
m
W
W
W
W
W
p
N
N
Uy
Uy
a
N
v
N
N
N
N
N
I
N
T
A
N
N
A
tll
tll
tll
N
LL
IL
tL
ILL
LL
LL
ILL
ILL
ILL
LL
ILL
LL
LL
LL
IL
LL
IL
IL
lL
lL
IL
11
i�
OR
ATTACHMENT C .
® Enclosure 11
Annual Percent Change in Population Minus Exclusions (')
January 1, 2000 to January 1 , 2001 and Total Population January 1, 2001
Total
County Percent Change — Population Minus Exclusions — Population
City 2000-2001 1-1-00 1-1-01 1-1.2001
SAN LUIS OBISPO
ARROYO GRANDE
1.49
15,878
16,115
16,115
ATASCADERO
1.26
26,545
26,880
26,B80
EL PASO DE ROBLES
3.26
23,658
24,430
25,190
GROVER BEACH
0.57
13,183
13,258
13,258
MORRO BAY
0.73
10,410
10,486
10,486
PISMO BEACH
0.37
8,599
8,631
8,631
SAN LUIS OBISPO
0.38
44,444
44,613
44,613
UNINCORPORATED
2.22
96,654
98,799
106.894
COUNTY TOTAL 1.60 239,371 243,212 252,067
® (') Exclusions inUude residents in state mental institutions, federal military installations, and state and federal correctional institutions.
Page 1
ATTACHMENT D
u
May 1, 2001
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 2001-2002 appropriation limit are:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2001-2002 7.82
B. Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a 2000-2001
appropriations limit.
2001-2002:
Per Capita Change = 7.82 percent
Population Change = 1.81 percent
7.82 +100
Per Capita converted to a ratio:. 100 = 1.0782
Population converted to a ratio: 1:8100 00 = 1.0181
Calculation of factor for FY 2001-2002: 1.0782 x 1.0181=1.0977
® CITY COUNCIL RESOLUTION NO. 40-01
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 2001-2002
FOR THE CITY OF MORRO BAY
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 recognizes that Capital Improvement Projects authorized and
approved in prior fiscal years (1995-96 through 2000-2001) may not be completed by June
30, 2001; and
WHEREAS, the City of Morro Bay uses a two-year budget format that includes requests for
Fiscal Years 2001-2002 and 2002-2003; and
WHEREAS, the City Council is only addressing the budget requests for Fiscal Year 2001-
2002; and
WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within
an approved budget and manage savings wherever feasible.
NOW THEREFORE, BE IT RESOLVED:
® 1) The Fiscal Year 2001-2002 Operating and Capital Improvement Budgets are adopted as
presented in the proposed budgets and subsequent amendments (attached hereto); and
® 2) The City Council directs that staff must obtain separate approval for the Fiscal Year
2002-2003 budget, at a later date.
3) The City Council does not authorize any new full-time positions or any other obligations
requested in the Fiscal Year 2002-2003 budget request until said approval is given for the
Fiscal Year 2002-2003 budget.
4) Staff is directed to prepare and publish a final budget document; and
5) 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
6) The City Council authorizes and directs the transfer of the balances of projects approved
in fiscal years 1995-96 through 2000-2001, but not completed by June 30, 2001, to the
Capital Improvement Project Fund(s) for Fiscal Year 2001-2002.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay,
on the 25th day of June, 2001, by the following vote to wit:
AYES:
NOES:
ABSENT:
BRI � v 11►
City Clerk
.....7 ,.
ATTACHMENT A (1 OF 3)
City of Morro Bay
® Fiscal Year 2001-2002 Budget
Summary By Department
C
City Council
46,827
16,192
36,212
0
0
0
99,231
City Manager
365,728
24,547
191,617
18,500
0
61,000
661,392
Elections -
0
500
1.000
0
0
0
1,500
Community Promotions
0
67,813
98,368
0
0
0
166,181
City Attorney
0
0
50,000
0
0
0
50,000
Accounting & Treasury
376,9261
15,123
135,003
47,821
0
100,000
674,873
Information Services
62351
24,840
36,618
12,100
0
0
135,909
Police
1,955,7071
63,908
170,309
90,000
0
62,700
2,342,624
Police Federal Grants
0
0
0
133,500
0
0
133,500
Police Other Grants
0
8,798
4,613
50,000
0
01
63,411
Fire
1,073,169
90,624
80,582
54,100
0
5,000
1,303,475
Emergency Operations Center
0
1,460
3,107
5,250
0
0
9,817
Public Services Administration
1,011,194
16,050
379,897
23,000
0
0
1,430 141
Vehicle Maintenance
113,032
15,195
16,601
6,500
0
0
151,328
Street Maintenance
153,662
68,680
204,417
0
0
0
426,759
Trolley
0
6,690
23,126
0
0
0
29,816
Curbside Recycling
0
0
130,500
0
0
0
130,500
Recreation & Packs Administration
146,5571
6,005
27,963
0
0
0
180,525
Recreation Commission
01
0
205
0
01
0
205
Sports
113,771
27,087
31,759
2,400
01
0
175,017
Youth Services
212,6891
25,618
24,846
0
0
0
263,153
Teen Progarns
28,5001
16,485
100
0
01
0
45,085
Skate Park
22,8001
9,250
01
0
01
0
32,050
Recreation & Parks Facilities
277,7471
40,712
51,735
18,000
0
0
388,194
Parks
217,533
20,434
58,221
30,000
01
0
326,188
City Facilities (Incl water expense)
5,000
1,294
152,408
73,700
96,000
0
328,402
Utilities (Disposal)
0
0
63,023
0
0
0
63,023
Contract Services
0
0
203,152
0
0
0
203,152
Street Lighting
01
0
107,750
0
0
0
107,750
Aid To Agencies
01
0
0
0
01
25,000
25,000
Interfund Transactions
0
0
0
0
0
852,000
852,000
General Fund Totals
6,183,193
567,305
2,283,132
564,871
96,000
1,105,700
10,800,201
expsumm0102.123
El
06/25/200110:26:35 AM
ATTACHMENT A (2 OF 3)
City of Morro Bay
® Fiscal Year 2001-2002 Budget
Summary By Department
fkpartrnent Name Personnd SuppI cs Scrdm Capital Outlay Dtbt_Serid Transfers low
CGBG Loan R t Fund
Interfund Transfers
0
- 0
0
0
0
0
0
State Gas Tax Fund
InterfandTransfers
0
01
0
0
0
220,116
220,116
Traffic Safety Fund
Interfund Transfers
0
01
0
0
0
25,0001
25,000
Panting In -Lieu Fund
Contract Services
0
01
0
10,250
0
0
10,250
Transit Fund
Dial - A - Ride
0
38,469
240,832
0
0
0
279,301
Interfund Transfers
0
0
0
0
0
57,424
57,424
Water Revenue Fund
Accounting & Treasury
01
3,105
16,913
0
0
0
20,018
Water Operations
259,863
56,2251
2,194,583
01
542,000
571,511
3,624,182
Interfund Transactions
0
01
0
01
0
0
0
1
Wastewater Collections
Accounting &Treasury
0
3,1051
12,300
01
0
0
15,405
Collections Operations
156,134
70,010
51,558
01
0
277,702
Interfund Transactions
0
0
0
01
0
993,319
993,319
Harbor
Harbor Operations
548,664
42,576
167,601
15,0001
134,800
262,000
1,170,641
CCI Slip Fund
Harbor
0
01
0
01
0
0
01
expsunmt0102.123
06125/200110:26:35 AM
ATTACHMENT A (3 OF 3)
C
City of Morro Bay
Fiscal Year 2001-2002 Budget
Summary By Department
1..� ; pu it • : u - w.bl 1�9 •I Y'� �11 :. 6i� �I 4" K u w L.�
Mimosa Street AD
Debt Service
01
0
2,500
0
18,450
0
20,950
Mimosa Street Supplemental AD
Debt Service
0
0
2,5001
0
12,800
0
15,300
North Point AD
North Point Park
4,551
300
794
0
0
0
5,645
Cloisters AD
Cloisters Park
97,677
9,900
37,367
4,000
01
0
148,944
W WTP
Wastewater Treatment
439,7731
151,201
446,535
0
01
40,000
1,077,509
Capital Improvement Project Fund
Various Projects
01
0
1,334,8501
0
0
0
1,334,850
Grand Total All Funds
7,689,8551
942,196
6,791,465
594,121
804,050
3,275,070
20,096,757
expsumm0102.123
06/25/200110:2635 AM
ATTACHMENT B
®City of Morro Bay
Fiscal Year 2001-2002 & 2002-2003 Budget
C
Summary of Revenues By Fund
Fund Name FY 2001-2002
Revenues Expenditures Balance
General Fund
10,801,571
10,800,2011
1,370
Equipment Replacement Fund
100,000
01
100,000
Emergency reserve Fund
0
01
0
CDBG Loan Repayment Fund
0
1 0
Gas Tax Fund
220,116
220,1161
0
Traffic Safety Fund
25,000
25,000
0
Parking In Lieu Fund
01
10,250
Transit Fund
393,7491
336,7251
57,024
Water Revenue Fund
3,644,2001
3,644,200
1 0
Wastewater Collection Fund
1,296,271
1,286,426
9,845
Harbor Fund
1,179,000
1,170,641
8,359
South T-Pier Fund
0
01
0
CC Slip Fund
0
01
0
Mimosa Street AD
20,950
20,9501
0
Mimosa Street Supplemental A]
15,300
15,300
0
North Point AD
5,645
5,645
0
Cloister AD
148,944
148.944
0
WWTP
1,077,509
1,077,509
0
Capital Improvement Fund
1,334.850
1,334,850
0
Water Capital Accum Fund
0
0
0
20,263,105
20,096,757
166,348
E
SUMBYFD20012002b. 123 06252001 10:27:40 AM
RESOLUTION NO.39-01
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 May 29, 2001 the City Council did adopt Resolution No. 30-01 declaring the Council's intent
to levy an assessment for the annual maintenance of the 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 June 25, 2001 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 wel l
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 June 25, 2001 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 $148,944 to be equally distributed per
assessable parcel for the Fiscal Year 2001-02 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 2001-02 and the City Clerk shall file the diagram and
assessment with the County of San Luis Obispo Auditor.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held
this 25th day of June, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
ABSENT: None
O/DJVER AND RSON, MAYOR
ATTEST:
® BRIDGETT AUER, CITY CLERK
w.rmw W,a39- 1
TPOB PAmCr:L 1
Most noreth-erlp coimer
Lot 122 of Tract 1996
,..
fii�L'
O
1
C
�
.0
.-1
C
N
400,
E,/ FFi NEED) 0� A
V.` JACINTO
7 •f �7< e ERO
1 0
W `
(�0P5•4 Q
® 5
}o
L '
W ¢ o
? h
M• y
CE
to
11-
" ifaFg i __ - m U
era-+•• A .•11 8
Ira
. L y 1. J - ��•`�yia_�''0k w e
Ln
ca
u
ROzMiliF I _ J-`._'-�_—_.i--EGG' o \ `` I -_ ���� Ci�IZ• � � - _ . •� /
RESOLUTION NO.38-01
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 May 29, 2001 the City Council did adopt Resolution No. 3 1 -0 1 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 June 25, 2001 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 ofthe 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 June 25, 2001 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 2001-02 is hereby confirmed.
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption ofthis resolution
shall constitute the levy of an assessment for the Fiscal Year 2001-02 and the City Clerk shall file the diagram and
assessment with the County of San Luis Obispo Auditor.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held
this 25" day of June, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
ABSENT: None
•VER ANDERSON,MAYOR
ATTEST:
BRIDGET UER,CITY CLERK
WxlcouociVra38-01
EX'n=BIT A
NORTH POINT NATURU AREA
LANDSCAPING AND LIGHTING
MAINTENANCE.ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
NORTH POINT NATURAL AREA
1 _ LEGEND
y 1. = LOT NUMBER
= 1.10 AC_ a� 0`= COUNTY ASSESSORS PARCEL'NUNEER
s 082 a10. 0
NO AREA..
e� ' ' e. s. TRACT 2110
GNF1V '
AC'
` 3
V
ii
0
. ti
RESOLUTION NO. 37-01
RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF YIELDS SIGNS
AND DELINEATION ON OLIVE STREET AT BERNARDO AVENUE
the City Council
City of Morro Bay, California
WHEREAS, Section 21356 of the California Vehicle Code provides the City Council the
authority to erect yield right-of-way signs on streets under its jurisdiction; and
WHEREAS, Section 10.12.070 of the Morro Bay Municipal Code provides for the
assignment of right-of-way at intersections with a resolution of the city authorizing installation of
yield signs; and
WHEREAS, Bernardo Avenue connects a developed residential neighborhood to Morro
Bay Boulevard and as such has the right-of-way assigned at its intersections with Marina and
Anchor Streets; and
WHEREAS, it is appropriate to assign the right-of-way at the intersection of Bernardo
Avenue and Olive Street; and
WHEREAS, the installation of stop signs is unduly restrictive; and
WHEREAS, it is further appropriate to maintain a consistent right-of-way assignment
through the installation of yield signs and legends on the Olive Street approaches to the
intersection.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the
installation of yield signs on Olive Street at Bernardo Avenue is hereby authorized; and
® BE IT FURTHER RESOLVED, the Department of Public Services is herewith directed
to install signs, legends and appurtenances to reflect this action.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 1 Vh day of June, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None //_ _ 1 _ ABSTAIN: None
ATTEST: RbfiGPR ANDERSON, Mayor
BRIDGETT @AUER, City Clerk
11
® RESOLUTION NO. 36-01
RESOLUTION APPROVING PROGRAM SUPPLEMENTS FOR 1998 STATE
TRANSPORTATION IMPROVEMENT PROGRAM PROJECTS
the CITY COUNCIL
City of Morro Bay, California
WHEREAS, via adoption of Resolution No. 40-99 on May 24', 1999 the City Council
authorized entering into a new Administering Agency - State Master Agreement with the State of
California (#000389); and
WHEREAS, said MasterAgreement specified terms, conditions and obligations for the City
to receive funds from the State Transportation Improvement Program (STIP) or other programs;
and
WHEREAS, one of said conditions states that a project -specific Program Supplement must
be executed for each programmed project; and
WHEREAS, the City has two such Projects programmed, each of which having a State -
provided Program Supplement; and
WHEREAS, said Projects and their Program Supplement numbers are:
Road Rehabilitation, Eligible FAU Routes - (Program Supplement No. 617)
Morro Bay Blvd./Quintana Road/Route 1 On and Off Ramps Roundabout -
(Program Supplement No. 620); and
WHEREAS, it is in the interests of public health and welfare to pursue these Projects with
® all due diligence.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that said Program
Supplements are hereby approved; and
BE IT FURTHER RESOLVED, the Mayor is herewith authorized to execute said
documents and such subsequent Project documents as warranted.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the 1 Vh day of June, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None �i�
ATTEST: T5
f6ER ANDERSON, Mayor
71MY RI ■
RESOLUTION NO. 35-01
® RESOLUTION APPROVING FUND TRANSFER AGREEMENT FOR MORRO BAY HIGH
SCHOOL BIKE PATH
the City Council,
City of Morro Bay, California
WHEREAS, the City of Morro Bay has acquired Proposition 116 grant funding from the
State of California for the construction of the Morro Bay High School Bike Path Project; and
WHEREAS, the State has provided Fund Transfer Agreement No. P1166-3-60 necessary
to pursue the grant; and
WHEREAS, conditions of the Agreement include certifications that the City will exercise
due diligence and hold the State harmless in matters relating to discovery and clean-up of
hazardous waste on acquired property and/or on the Project; and
WHEREAS, it is in the public interest to enter into said Fund Transfer Agreement.
NOW, THEREFORE, BE IT RESOLVED, Fund Transfer Agreement No. P116B-3-60 is
hereby approved; and
BE IT FURTHER RESOLVED, by the Morro Bay City Council that when utilizing State
funding for the acquisition of property or for capital improvements on the Project, the City has
exercised all due diligence in the discovery of hazardous wastes; that the City will enter into
enforceable agreement with any and all owners of to -be -acquired properties for clean-up of
hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding Hazardous Waste
Identification and Clean-up for Rail Right -of -Way; delivered to the California Transportation
Commission; and
® BE IT FURTHER RESOLVED, that when utilizing state -provided and other -than -state
funding for acquisition of property or for capital improvements on the Project, the City hereby
agrees to indemnify, defend and hold harmless the State of California, Department of
Transportation and California Transportation Commission from clean-up liability or damage, both
present and future; and that no additional State funds will be requested for clean-up, damages,
or liability associated with hazardous wastes on or below the acquired property, delivered to the
California Transportation Commission; and
BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute such documents
necessary to reflect these actions.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the 11`' day of June, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: llwex
9�66EK`AkGERSON, Mayor
® BRIDGETT AUER, City Clerk
RESOLUTION NO. 34-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA IN SUPPORT OF SENATE BILL 621 RELATING TO WATER TRANSFERS
THE CFFY COUNCIL
CITY OF MORRO BAY CALIFORNIA
WHEREAS, in order to facilitate water transfers and provide wheeling for water
transfers the Legislature enacted the "wheeling statutes;' comprised of sections 1810-
1814 of the Water Code; and
WHEREAS, the San Luis Coastal Unified School District filed a lawsuit against
the City demanding that the City allow it to wheel water through the City's water -
system; and
WHEREAS, the Superior Court denied the School District any relief under the
Water Code and held the City has no obligation to wheel their water, and
WHEREAS, the Court of Appeal reversed the trial judge's decision and remanded
the action back to the Superior Court; and
WHEREAS, the wheeling statutes have been the subject of significant litigation
® not only in Morro bay but also between other conveyance facility owners and those
seeking to wheel water; and
WHEREAS, Senate Bill 621 would eliminate the annual legislative and legal fight
over water transfer issues by protecting the facility owner's water quality and tax-
exempt status; and
WHEREAS, Senate Bill 621 would eliminate the annual legislative and legal fight
over water transfer issues by requiring the wheeling party to indemnify the facility
owner from all claims related to the wheeling party's use of the facility; and
WHEREAS, Senate Bill 621 would eliminate the annual legislative and legal fight
over water transfer issues by prohibiting wheeling water into the service area of a retail
water supplier to that supplier's retail customers; and
WHEREAS, Senate Bill 621 would eliminate the annual legislative and legal fight
over water transfer issues by modifying the amount of capacity available for use by a
wheeling party by allowing a facility owner to reserve an undefined annount of capacity
in its facilities to be used for flood control purposes.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro
Bay, California, that we urge the Governor and the Legislature of the State of California
to move forthright and expeditiously to eliminate the annual legislative and legal fight
over water transfer issues.
Resolution No. 34-01
Page Two
AND IT BE rURTHER RESOLVED that the City Council of the City of Morro Bay
expresses its support for SB 621.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the
regular meeting thereof held this 29 day of May , 20012 by the following roll
call vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
OF
W4'
dger Anderson, Mayor
ATTEST:
Q�.ISZa/
Bridgett tauer, City Clerk
11
® RESOLUTION NO. 33-01
RESOLUTION OF THE CFFY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA IN SUPPORT OF SENATE BILL 691 RELATING TO THE RECOVERY OF
ATTORNEY'S FEES WHEN DEFENDING MOBILEHOME ORDINANCES
THE CITY COUNCIL
CITY OF MORRO BAY
WHEREAS, the City of Morro Bay, in an effort to preserve and support
affordable housing options, have adopted mobilehome rent ordinances to protect
residents from excessive rent increases; and
WHEREAS, under current law, cities and counties that successfully defend their
Mobilehome rent ordinances must bear the costs of their legal defense, even if they win;
and
WHEREAS, the current law creates a chilling effect on local entities to adopt and
defend local mobilehome rent control laws as they are faced with rising legal costs
associated with defending their ordinances; and
WHEREAS, Senate Bill 691 is widely supported by cities and counties and the
League of California Cities because it would enable cities and counties to recover their
® attorney's fees when they successfully defend challenges that are found by a court to
have no reasonable basis.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro
Bay, California, that we urge the Governor and the Legislature of the State of California
to move forthrightly and expeditiously to pass legislation that would require Courts to
award attorney's fees to a prevailing local governmental entity that successfully defends
a local mobilehome rent control law against a challenge by a mobilehome park owner.
AND BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay
expresses its support for Senate Bill 691.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at the
regular meeting thereof held this 29 day of May 2001, by the following roll
call vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
—ArR ger Anderson, Mayor
® Brrdgett Oter, City Clerk
RESOLUTION NO. 32-01
® ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 90/90W
FROM JOANNE SHIFLETT TO JOSEF STEINMANN
THE CITY COUNCIL
City 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 90/90W: and.
WHEREAS. Joamie Shiflett is the lessee of the lease agreement for Lease Site 90/90W:
and.
WHEREAS, Joanne Shiflett has requested approval of assignment of the lease
agreement for said lease site to Josef Steinmann: and.
WHEREAS, the City cannot unreasonably withhold approval of any lease assignment;
and.
WHEREAS, the lessees are in compliance with the lease agreement for Lease Site
90/90W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
® Bay that assignment of the lease agreement for Lease Site 90/90W from Joanne Shiflett to Josef
Steinmann is hereby approved.
BE IT FURTHER RESOLVED that this assignment is contingent upon receipt of the
assignment and assumption documents by July 16, 2001 and approval of the 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 291" day of May 2001. by the following vote:
AYES: Crotzer,, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: Anderson
T.&AErANDERSON,•R
® BRIDGETT AVER. CITY CLERK
® RESOLUTION NO. 31-01
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 22621 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 May 21, 2001
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 YIII, 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 June 25. 2001 at 6:00 p.m. in the
Veterans 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 May 21, 2001, which is
hereby approved.
BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots
within the district is proposed to total $5,643 or S564.50 per assessable parcel for fiscal year 2001-02.
Ll
RESOLUTION 31-01
PAGE?
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held this 29th day of May, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
ABSENT: None
ATTEST:
1 1 /
u.councitres31-01
C
E
4MER4AN(DERSON,O•
® Exhibit to
May 2001
NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
FISCAL YEAR COSTS 2000/01
(Actual and Projected through fiscal year end)
Personnel Services** S4,304.00
Includes all daily and routine tasks as well as non -routine maintenance
and repair costs
**(costs for May I- June 30, 2001 are projected in personnel services)
Equipment Time (truck) for Personnel S 698.75
City Engineering Review and Engineers Report S 90.00
® Repair and Maintenance Supplies** S 85.00
Includes trash liners, round -up and other supplies used in daily tasks
as well as non -routine maintenance and repair costs.
**(these are actual costs, additional costs may be incurred
from May I- June 30, 2001)
Repair and Maintenance Services** 53,201.00
Includes utilities, engineering, insurance and structural repair to the
stairway and other structures. This sections includes a $3,000 charge for
extensive repair of the stairway by the California Conservation Corps as a
result of storm damage.
**(these are actual costs, additional costs may be incurred
from Uay 1- June 30, 2001)
Total for maintenance of North Point Natural S 8,378.75
Area, July 1, 2000 through May 1, 2001
�J
® North Point Actual and Projected Costs
Page 2
Deficit from fiscal year 1999/00 <S 23.19>
Grand Total . S 8,401.94
Amount assessed property owners for maintenance S 5,645.00
of North Point Natural Area for F.Y. 2000/O1
Deficit/Overage (to be applied to F.Y. 2001/02) <52,756.94>
as of May 1, 2001.
c.a.council.nrptact00- I
E
Il
1.1
EY-ljaB_T T A
CITY OF MORRO SAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
NORTH POINT NATURAL
90 = COUNT ASSESSORS PARCEL NUMEER
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Prepared By:
Andrea K. Lueker
Director, Recreation and Parks Department
City of Morro Bay
May 21, 2001
El
E
u
11
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
II. 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.
II. 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 2001/02 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
E
E
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
Ww/eCmuJMhpl en ml
n
U
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
�F
NORM POINT NATURAL AREA
CITY OF MORRO BAY
W LEGEND
�eva-Z
i. = LOT NUMBER
20
S° 1.10 AC� a{ tO = COUNTY ASSESSORS PARCEL NUMEER
J� =1
082
`. c
^� NO ARE4sG`
OPIE 4 �, 6. TRACT 2110
a' +
5 s 21
P 55
AC=
5 d O
� 1.t 3 ;
��/� s12•
0,
® i y i0�• O
ATTACHMENT A
NORTH POINT NATURAL AREA
MAINTENANCE TASKS
Daily
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
Weekly
Blow paths, parking lot
Monthiv
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
® VSow 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 2001
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 2001/02.
Personnel Services S4,551.00
Includes all daily and routine tasks as well as non -routine
maintenance and repair costs
® Supplies S 300.00
Includes trash liners, round -up and all other supplies used in
daily tasks as well as non -routine repair and maintenance.
Services S 794.00
Includes utilities, engineering, insurance. and structural
repair to stairway and other structures.
Total Assessment Estimate S5,645.00
Per Parcel Yearly Assessment S5,645.00/10 parcels S 564.50
c. w. c o u n c i I. n rp to n e 01
® RESOLUTION NO. 30-01
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". May 21, 2001, 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 XII1, 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 June 25, 2001 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 May 21, 2001,
which is hereby approved.
BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots
within the district is proposed to total S148,944 or S1,241.20 per assessable parcel for fiscal year
2000/01.
u
RESOLUTION 30-01
PAGE)
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held this 29th day of May, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
ABSENT: None
ATTEST:
u.council.res30-01
1
Exhibit 1A
May 2001
CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
FISCAL YEAR COSTS 2000/01
(Actual and Projected through fiscal year end)
Personnel Services** S 73,234.00
Includes all daily and routine tasks as well as non -routine maintenance
and repair costs
Regular Pay
$
53,068.00
Overtime
$
461.00
Part -Time Pay
$
396.00
Benefits
$
19.309.00
**(these are actual costs, additional costs will be incurred
from iWay I- June 30, 2001)
is Equipment Time (truck) for Personnel** S 1,526.01
Truck for lead worker $ 872.04
Truck for park aid S NIC
Mowers S 653.97
**(these costs are projected through June 30, 2000)
Cih, Engineering Review and Engineers Report S 90.00
Repair and Maintenance Supplies** S 8,344.00
Uniforms S 752.00
Fuel, Oil & Lubricants $ 330.00
Misc. Operating Supplies $ 2.151.00
Grounds Maint. Supplies $ 4.092.00
Small Tools S 1.019.00
**(these are actual costs, additional costs will be incurred
from iWay I- June 30, 2001)
0
i
L
E
Cloisters Real and Projected Costs
Page 2
Repair and Maintenance Services**
Other Professional Services
Electricity
Water
Insurance
Outside Equipment Repair
**(these are actual costs, additional costs will be incurred
from May I- June 30, 2001)
Capital Outlay
Yd payment on Cloisters Truck
Total for maintenance for Cloisters Park and Open
Space, July 1, 1999 through May 1, 2001
Overage from fiscal year 1999/00
Grand Total
Amount assessed property owners for maintenance
of Cloisters Park and Open Space for F.Y. 2000/01
Overage (to be applied to F.Y. 2001/02)
as of May 1, 2001. Note: Additional costs will be incurred
during May and June, 2001 which will substantially reduce
this overage.
c.w.co=cil.cloistm00- I a
S 26,468.00
S 3,605.00
S 1,615.00
S 19,098.00
S 1,802.00
S 348.00
S 4,176.11
S 4,176.11
$113,838.12
+S 6,465.70
$107,372.42
$148,944.00
+S 41,571.58
TP03 PAII C M L. 1
Most northerly, corner o
Lot 122 0° Tract 1996
l
0CQ0
c c
1" = 400'
CQ
a
0.
p
O
Q
nnn
C)/�ClCH � 0 0T Q
1 I \ I
c � 'g � ' r y, �__�`-fir.--k�_'_ '• .. �'a� �1 I F
v � 6u, __ y.=':ter.. • -� i 1 1
73
Nc
RM
1I —YJ 11 n
n
9 ;yam r w 4' __:—'—_6
1p N � P _=..gip �• : i . `N/
�J > 4 gyp. r•�
�+� a
� g
-=fMon C'D
x N� AA / ^--'--
I
4\ \
ss
N
p CO
W
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Prepared By:
Kla� 2rz
Andrea K. Lueker
Director, Recreation and Parks Department
City of Morro Bay
May 21, 2001
1.1
LE
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
I. 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
2001102 fiscal year is estimated to be $148,944. The detailed cost estimate is included in
this report as Attachment B.
E
0
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Table of Contents
Pape
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
® 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
u
171
r
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
1
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
$1,241.20
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
0
r�
11
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
S1,241.20
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
S 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
CAI
C
E
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
C
f�J
109 065-388-064 $1,241.20
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
0 MafNdois:rs.ngrpt
11
Dailv
Attachrent A
CLOISTERS PARK AND OPEN SPACE
1VIAINTENANCE TASKS
Review for vandahsm/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
♦
251ight.bollards
♦
play area surface
♦
1 demonstration garden
Clean ♦
3 toilets
♦
1 urinal
♦
2 sinks
♦
restroom floors/walls
♦
18 benches
Twice Weekly
Blow all walkways. observation deck and parking lot
Weeklv
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
11
Cloisters Maintenance Tasks
Pa.-e 2
Liner 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-Annuallv
Fertilize turf/planter areas
Paint restrooms, structures, signs, etc.
Seed & aerate turf areas
nnually
® General safety inspection
Annual tree pruning
As Needed
Remove graffiti
Pest/gopher control
Trim and spray paths
Mow open space area
u.w.misc.clomaintsk
® Attachment B
CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT
MAY 2001
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 2001 /02.
Personnel Services
S 97,677.00
Reeular Pay
S 60.166.00
Overtime
S 450.00
® Part -Time Pay
S 1.000.00
Benefits
S 36.061.00
Supplies
S 9,900.00
Uniforms/safety equipment
S I,000.00
Grounds maintenance supplies
S 4.500.00
Small tools
S 1.500.00
Fuel, oil and lubricants
S 500.00
General office supplies
$ 100.00
Misc. operating supplies
S 2,300.00
Services
S 37,367.00
Other professional services
S 3,314.00
Electricity
S 2,000.00
Water
S 22.000.00
Outside equipment repair and maintenance
S 1.500.00
Engineering services
S 1,500.00
Pest control services
S 100.00
Disposal
S 750.00
E
® Cloisters Engineers Report
Page 2
Services (con't)
Insurance
Outside Structural Repair
Capital Outlay
Truck (4th payment of 5)
Total Assessment Estimate
Per Parcel Yearly Assessment S148,9441120 parcels
c.w.counciI.c1mne01
11
E
$ 3,603.00
$ 2,600.00
S 4,000.00
$ 4,000.00
S 148,944.00
S 1,241.20
too-
d
t
ro
,ppt =
0
— o .13tiloo Zpa4?_ou ?soy-
e rD"d HOd1
M
0M
co
' J
Q
.1
�J
9
i
O
a
'
U
Z
•
R
CyW
ZVI�
$
--ma
m
u]
o
to
n
a
CO
N a
m
n
C m
U �
mC
O
W A
O. Cl
RESOLUTION NO. 29-01
isA RESOLUTION TO CONDITIONALLY WAIVE THE REQUIREMENT OF PARAMEDIC
LICENSE AS A PRE -EMPLOYMENT CONDITION FOR CITY FIRE SERVICE EMPLOYMENT
FOR QUALIFIED RESERVE FIREFIGHTERS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in its mission to protect the health and welfare of its community, the City of Morro Bay
has provided emergency pre -hospital care services through qualified personnel of the Morro Bay Fire
Department; and,
WHEREAS, Resolution No. 19-91, passed and adopted on the 11 th day of February 1991, the City
of Morro Bay declared itself to be a provider of Emergency Medical Technician -Paramedic pre -hospital care
services; and,
WHEREAS, Resolution No. 19-91 amended the Classification Plan of the City of Morro Bay to
require paramedic qualifications as a prerequisite for all levels of swom firefighting positions of the City
hired after January 1, 1991 in permanent firefighting positions; and
WHEREAS, in its mission to protect the health and welfare of its community, the City of Morro Bay
has a long-standing tradition of augmenting full-time staffing of the Morro Bay Fire Department with
qualified and dedicated Reserve Firefighters and Reserve Fire Engineers; and
WHEREAS, in recent years the Morro Bay Fire Department has experienced a high turnover rate of
its Reserve firefighters resulting in increased reserve training and recruitment costs; and
® WHEREAS, a conditional waiver of the pre -employment paramediclicense requirement for qualified
reserve firefighting personnel will enhance the possibility of a full-time career opportunity with the Morro
Bay Fire Department and encourage reserve program employment retention.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that
Resolution No. 19-91 is hereby amended to allow the City to hire current reserve employees who are in good
standing and have more than three years of experience with the Morro Bay Fire Department as a Reserve
firefighter.
BE IT FURTHER RESOLVED that these employees are employed under the following conditions:
1. Only one employee would be allowed to participate in a paramedic training program at a time.
2. They remain a probationary firefighter until they obtain a State of California paramedic license
(EMT-P) along with San Luis Obispo County accreditation.
3. All training costs, including classroom hours, tuition, travel, and living expenses will be the
responsibility of the employee.
4. Participation in a paramedic class will be scheduled at the discretion of the Fire Chief; based on the
Fire Department's ability to maintain adequate staffing levels
5. Paramedic certification must be obtained within four years of the date of appointment, unless
otherwise extended by the Fire Chief.
6. Failure to obtain paramedic certification or meet the conditions set forth herein constitute the
employee failing probation.
Ll
Resolution No. 29-01
Page Two
PASSED AND ADOPTED by the City Council of Morro Bay at a regular
meeting held on the 14`h day of May, 2001, by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
ABSTAIN: None
" k,,U�
BRIDGEtT BAUER, City Clerk
El
Vice -Mayor
RESOLUTION NO. 28-01
A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY ACCEPTING THE
MODIFICATIONS OF THE CALIFORNIA COASTAL COMMISSION REGARDING THE
® COLMER/CARATAN PROJECT
THE CITY COUNCIL
City of Morro Bay. California
WHEREAS, on March 22. 1999. the City Council did hold a public hearing. received public
testimony, both written and oral, and after closing the public hearing, fully considered the amendments to
the texts and maps of the General Plan, Local Coastal Plan. Land Use Plan Map and Zoning Ordinance
texts and Zoning Map, including the final recommendations by the Planning Commission; and
WHEREAS, for the purposes of the California Environmental Quality Act (CEQA), said
amendments to the Local Coastal Plan comply with the City of Morro Bay procedures for
implementation of CEQA: and
WHEREAS. CEQA does not apply to local agency adoption and amendment of an action
requiring Certification by the California Coastal Commission pursuant to Sections 15250 and 15251 of
the CEQA Guidelines and Public Resources Code Section 21080.5; and
WHEREAS, at said public hearing, the City Council approved the amendments and sent the
request immediately to the California Coastal Commission (CCC) for Certification; and
WHEREAS, on March 16. 2000. the CCC opened the public hearing, took testimony, and voted
8-0 to continue the item to the May I L 2000 meeting; and,
® WHEREAS, on May 11, 2000. the CCC acted on the City's LCP Amendment and voted 10-0 to
approve the amendment with modifications and give the City of Morro Bay a six month time extension
in which to consider adopting the modifications; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, that the City having reviewing the modifications, hereby accepts the California Coastal
Commission's May 11, 2000 modifications for amendment to certified land use designations and zoning
on the Colmer/Caratan site.
PASSED AND ADOPTED by the City Council of the City of Morro Bay. California. at a
regular meeting held on the 10 day of May, 2001, by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
ABSTAIN: None
ATTEST:
BRIDGE BAUER, City Clerk
SAPIanning 2001\Projects\Co1mer\CC reso for zone change.doc
RESOLUTION NO. 27-01
® ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 86/86W
FROM THE ESTATE OF CLARA BELLE YOCUM, H. GENE YOCUM AND
ROBERTA ARCHULETA TO
THE FISHBOWL RESTAURANT LLC
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 86/86W; and,
WHEREAS, Clara Belle Yocum, H. Gene Yocum and Roberta Archuleta are the lessees
of the lease agreement for Lease Site 86/86W; and,
WHEREAS, Clara Belle Yocum died in November, 1998 leaving the leasehold interest
to H. Gene Yocum, Roberta Archuleta, Gertrude Cliffe and Shirley Peters. As part of the
settlement of Clara Belle Yocum's estate, H. Gene Yocum and Roberta Arculeta have requested
approval of assignment of the lease agreement for said lease site to "The Fishbowl Restaurant
LLC" (consisting of Gertude and Roger Cliffe and Shirley and Jack Peters); and,
WHEREAS, the City cannot unreasonably withhold approval of any lease assignment;
® and,
WHEREAS, the lessees are in compliance with the lease agreement for Lease Site
86/86W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that assignment of the lease agreement for Lease Site 86/86W from the estate of Clara Belle
Yocum, H. Gene Yocum and Roberta Archuleta to The Fishbowl Restaurant LLC is hereby
approved.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 14a' day of May, 2001, by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
PETERS, VICE -MAYOR
a RESOLUTION NO.26-01
RESOLUTION PROVIDING THE DIRECTOR OF PUBLIC SERVICES
WITH BLANKET AUTHORITY TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS
the City Council,
City of Morro Bay, California
WHEREAS, Capital Improvement Projects which are funded with Federal funds or which
encroach within the State right-of-way require Right -of -Way Certification prior to releasing funds
for the project and/or fir an encroachment permit; and
WHEREAS, a blanket authorization will allow the Director of Public Services to execute the
Certification without having to obtain authorization from the City Council each time; and
WHEREAS, the State requires Right -of -Way Certification prior to using funds for the project
or approving an Encroachment Permit or releasing Federal funds.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the Director of
Public Services is hereby authorized to execute all Right -of -Way Certification forms.
is on
AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the 14' day of May, 2001 by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Mayor Anderson
ABSTAIN: None
ATTEST:
BRIDGE BAUER, City Clerk
El
® RESOLUTION NO. 25-01
RESOLUTION PROHIBITING ON -STREET PARKING ON THE SOUTH SIDE
OF QUINTANA ROAD FROM MAIN STREET TO APPROXIMATELY
SEVEN HUNDRED FEET EAST OF MAIN STREET
the City Council,
City of Morro Bay, California
WHEREAS, Section 10.36.040 of the Morro Bay Municipal Code prohibits any person
from parking any vehicle on any publicly -owned property when such a prohibition has been
established by resolution of the City Council; and
WHEREAS, adopted community planning policies identify Quintana Road as a
regionally -significant bicycle route; and
WHEREAS, in its current geometric configuration, the developed Quintana Road
occupies the totality of the existing public property and acquiring additional right-of-way would
be a hardship on the community and adjacent property owners; and
WHEREAS, the City has acquired grant monies to rehabilitate Quintana Road and to
install bike lanes within the existing property limits; and
WHEREAS, in order to have sufficient room for said bike lanes it is appropriate to
prohibit on -street parking along a segment of Quintana Road; and
WHEREAS, to also facilitate access to commercial properties by large delivery vehicles
and to increase vehicle sight distance for the properties along this street segment, prohibition
of parking along the south side of the street between Main Street and the westerly access
® driveway to the property commonly referred to as the Von's Shopping Center; and
WHEREAS, the area of proposed prohibition starts at Main Street and extends to the
west edge of said driveway, being abut seven hundred feet east of Main Street.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that pursuant to
Morro Bay Municipal Code Section 10.36.040, on -street parking is hereby prohibited along the
south side of Quintana Road from Main Street to about seven hundred feet east of Main Street;
and
BE IT FURTHER RESOLVED, the Director of Public Services is hereby authorized and
directed to install such signs and/or markings appropriate to reflect this action.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof
held on the 14' day of May, 2001 by.the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Mayor Anderson
ABSTAIN: None
ATTEST: JANICE PETERS, Vice -Mayor
® BRIDGE AUER, City Clerk
-
®
FURNITURE
"Yoi Home Town F=iture Stoma"
772-9740 W-P,'�'--�---
-
381 ouMhna Road Ross
Mom".CA9MQ-- RECEIV — -
MAR 2:0 2M - --`
-
mono day
Q - Pabtrc�etvices 0� epartm6nt -_-- - -- -
A---------------
o�"a � �� Ga�.�'—o'l,,Q.�.,.,.•-�, ate( - --
® RESOLUTION NO.24-01
A RESOLUTION APPROVING A NIEMORANDUM OF AGREEMENT BETWEEN
THE MEMBER JURISDICTIONS OF THE SAN LUIS OBISPO COUNTY
INTEGRATED WASTE MANAGEMENT AUTHORITY AND THE COMMUNITY
SERVICE DISTRICTS IN SAN LUIS OBISPO COUNTY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the member jurisdictions of the San Luis Obispo County Integrated Waste
Management Authority (IWMA) entered into a joint powers agreement on May 10, 1994, to
achieve the mandates of the California Integrated Waste Management Act of 1989, to plan for,
suggest, and implement solutions to common solid waste problems, to assist with programs by
utilizing the professional talents of the various governmental entities in the County and of
experts in various other fields and to coordinate their efforts; and
WHEREAS, the IWMA member jurisdictions established a regional agency in
accordance with Public Resources Code section 40973; and
® WHEREAS, pursuant to the Joint Powers Agreement referenced above and Public
Resources Code section 40973, the IWMA member jurisdictions have agreed that said regional
agency, and not the individual IWMA member jurisdictions, shall be responsible for compliance
with the waste diversion requirements set forth in Public Resources Code section 41780, et seq;
and
WHEREAS, Public Resources Code section 40977 authorizes a regional agency to allow
one district to be included as a member of the regional agency; and
WHEREAS, the IWMA" member jurisdictions are desirous of including a special district
representative on the IWMA Board of Directors pursuant to Public Resources Code section
40999 to represent the interests of all special districts within San Luis Obispo County who
provide their residents with the collection and disposal of solid waste under State law; and
WHEREAS, the special districts possessing responsibility for solid waste management
are obligated by law to comply with the source reduction and recycling element and household
hazardous waste element adopted by the County of San Luis Obispo; and
WHEREAS, the special districts within San Luis Obispo County are desirous of joining
the IWMA and selecting from among themselves a representative member to sit on the IWMA
® Board of Directors.
Resolution No. 24-01
Page Two
® NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Morro Bay
does hereby approve the Memorandum of Agreement between the member jurisdictions of the
San Luis Obispo County Integrated Waste Management Authority and the Heritage Ranch
Community Services District, San Miguel Community Services District, Nipomo Community
Services District, San Miguel Sanitary District, California Valley Community Services District,
Cambria Community Services District, Cayucos Sanitary District, Oceano Community Services
District, Los Osos Community Services District, and Templeton Community Services District
Regarding Membership on the San Luis Obispo County Integrated Waste Management
Authority.
BE IT FURHTER RESOLVED that the Mayor for the City of Morro Bay is hereby
authorized to execute said agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of May 2001 by the following vote:
AYES:
Crotzer,
NOES:
None
ABSENT:
Anderson
ABSTAIN:
None
E
ATTEST:
Elliott, Peirce, Peters
1
BAUER, City Clerk
r
MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER
® JURISDICTIONS OF THE SAN LUIS OBISPO COUNTY INTEGRATED`
WASTE MANAGEMENT AUTHORITY (COUNTY OF SAN LUIS OBISPO
AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER
BEACH, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO) AND
THE HERITAGE RANCH COMMUNITY SERVICES DISTRICT, SAN MIGUEL
COMMUNITY SERVICES DISTRICT, NIPOMO COMMUNITY SERVICES
DISTRICT, SAN MIGUEL SANITARY DISTRICT, CALIFORNIA VALLEY
COMMUNITY SERVICES DISTRICT, CAMBRIA COMMUNITY SERVICES
DISTRICT, CAYUCOS SANITARY DISTRICT, OCEANO COMMUNITY SERVICES
DISTRICT, LOS OSOS COMMUNITY SERVICES DISTRICT, AND TEMPLETON
COMMUNITY SERVICES DISTRICT REGARDING MEMBERSHIP ON THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY
THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the "MOA') is
executed on the date below stated by and between the member jurisdictions of the San Luis
Obispo County Integrated Waste Management Authority (hereinafter referred to as the "T ')
and the Heritage Ranch Community Services District, San Miguel Community Services District,
® Nipomo Community Services District, San Miguel Sanitary District, California Valley Community
Services District, Cambria Community Services District, Cayucos Sanitary District, Oceano
Community Services District, Los Osos Community Services District, and Templeton Community
Services District (hereinafter referred to as the' Districts").
RECITALS
WHEREAS, the member jurisdictions of the IWMA entered into a joint powers agreement
on May 10, 1994, to achieve the mandates of the California Integrated Waste Management Act of
19.89, to plan for, suggest, and implement solutions to common solid waste problems, to assist
with programs by utilizing the professional talents of the various governmental entities in the
County and of experts in various other fields and to coordinate their efforts; and
LA
WHEREAS, the IWMA member jurisdictions established a regional agency in accordance
with Public Resources Code section 40973; and
WHEREAS, pursuant to the Joint Powers Agreement referenced above and Public
Resources Code section 40973, the IWMA member jurisdictions have agreed that said regional
agency, and not the individual IWMA member jurisdictions, shall be responsible for compliance .
with the waste diversion requirements set forth in Public Resources Code section 41780, et seq.;
and
WHEREAS, Public Resources Code section 40977 authorizes a regional agency to allow
one district to be included as a member of the regional agency; and
WHEREAS, the IWMA member jurisdictions are desirous of including a special district
representative on the IWMA Board of Directors pursuant to Public Resources Code section
40999 to represent the interests of all special districts within San Luis Obispo County who
provide their residents with the collection and disposal of solid waste under State law; and is
WHEREAS, the special districts possessing responsibility for solid waste management are
obligated by law to comply with the source reduction and recycling element and household
hazardous waste element adopted by the County of San Luis Obispo; and
WHEREAS, the special districts within San Luis Obispo County are desirous ofjoining
the IWMA and selecting from among themselves a representative member to sit on the IWMA
Board of Directors.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. PuEp ose. This MOA is entered into for the purpose of providing representation on the
IWMA Board of Directors for districts within San Luis Obispo County who possess the authority
to manage solid waste within their jurisdictions. It is the intent of the parties that the
-2-
representative sitting on the IWMA Board on behalf of the various districts shall have all of the
® rights and powers granted to an IWMA member under the JPA
2. Membership. Membership "of a special district on the IWMA Board of Directors shall
be provided for as follows:
A Membership_ on the IWMA Board of Directors shall be available to any
Independent Special District within the San Luis Obispo County which
currently provides solid waste collection and disposal services and has
executed this MOA (hereinafter referred to as "Authorized Districts").
B. Authorized Districts in accordance with procedures to be established by
said Districts shall appoint one regular member and one alternate member
to represent Authorized Districts on the IWMA Board of Directors. Said
selected representatives shall represent the collective interests of all
Authorized Districts on the IWMA Board of Directors. The selected
representatives shall serve subject to such terms and conditions as may be
established at the sole discretion of the Authorized Districts.
C. The representative so appointed shall be an elected Authorized District
officer residing within the County but shall not be a member of a legislative
® body of a city or county. The appointed representatives shall attend the
meetings of IWMA Board of Directors. The representative and alternate
shall serve so long as they hold an elected office with their member agency,
or until they resign of are removed by a majority vote of the Authorized
Districts. Vacancies shall be filled in the same manner as the initial
appointments.
D. The alternate shall be entitled to vote on IWMA matters only in the
absence of the representative.
E. Designation of the representative and the alternate serving on behalf of
Authorized Districts, as well as changes thereto, shall be transmitted in
writing to the manager of the Authority. In addition, to any district
presently a party to this MOA, any other district that provides solid waste
collection or disposal services which may desire to participate in the
activities of the Authority may do so by executing this MOA and,
thereafter, shall be governed by all the terms and provisions of this MOA as
of the date of execution.
-3-
3. Existing Joint Powers Agreement. By executing this MOA, the undersigned districts .
each agree to be bound by the terms and conditions of the Joint Powers Agreement dated May 10,
1994, a copy of which is attached hereto and incorporated by reference as Exhibit A.
4. Withdrawal and Dissolution. Any district which is a party to this MOA may withdraw
from the MOA, with thirty (30) days written notice, and may terminate its participation in this
MOA by resolution of its governing board. The withdrawal of the member shall have no effect on
the continuance of this MOA by and between the remaining members, and the MOA shall remain
in full force and effect with respect to the remaining members. No withdrawal shall become
effective until thirty (30) days after receipt of written notice by the Authority. The MOA may be.
terminated by a joint agreement executed by the IWMA member jurisdictions and the districts
which are a party hereto.
5. Notices. All notices which any IWMA member, district or the authority may wish to
give in connection with this MOA shall be in writing and shall be served by personal delivery
during usual business hours at the principal office of the IWMA member, district or authority, to
an officer or person apparently in charge of that office, or by depositing the same in the United
States mail, postage prepaid, and addressed to the IWMA member, district, or authority at its
principal office, or to such other address as the IWMA member, district or authority may
designate from time to time by written notice given in the manner specified in this section.
Service of notice pursuant to this section shall be deemed complete on the date of service by
personal delivery, or two days thereafter by mailing if deposited in the United States mail.
6. Severability. Should any part, term or provision of this MOA be decided by a final
judgment of a court of competent jurisdiction to be illegal.or in conflict with any law of the State
M
of California, or otherwise be unenforceable or ineffectual, the validity of its remaining parts, .
®. terms and provisions shall not be affected.
7. Effective Date. This MOA "shall take effect upon its execution by the Chair or Mayor
and Clerks of the governing bodies of all current IWMA members and at least three community
service districts or sanitation districts that provide solid waste handling services or implement
source reduction and recycling programs, pursuant to resolutions of such governing bodies
authorizing such execution and shall remain in full force.and effect until dissolved pursuant to the
1
provisions herein. _This MOA may be executed in counterparts which together shall constitute a
single agreement.
8. Amendment of JPA Execution of this MOA by all of the member jurisdictions of the
JPA shall constitute an amendment of the JPA with regard to inclusion of special districts for
0
representation on the IWMA. All other terms and conditions of the JPA shall remain in full force
® and effect.
IN WITNESS W$EREOF, the parties hereto have executed this MOA as of the date and
year hereinabove written.
CITY OF ARROYO GRANDE
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney .
® Dated:
-5-
CITY OF ATASCADERO
BY Date:
Mnvnr
Resolution No.
Clerk .
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF GROVER BEACH
Mayor —
Resolution
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
Elm
CITY OF MORRO BAY
By. Date: May 14, 2001
ice -Mayor �
Resolution No. 24-01
Clerk -
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
CITY OF PISMO BEACH
By: Date:
® Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
v
-7-
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairperson
Resolution
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Deputy County Counsel
Dated:
v
I
® HERITAGE RANCH COMMUNITY SERVICES DISTRICT
By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
Dated:
SAN MIGUEL COMMUNITY SERVICES DISTRICT
® By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
Dated:
r1
LJ
U
WE
NIPOMO COMMUNITY SERVICES DISTRICT
By:
Chair
Clerk
Date:
Resolution No.
APPROVED, AS TO FORM AND LEGAL EFFECT
By:
Attorney
Dated:
SAN MIGUEL SANITARY DISTRICT
By:
Chair
Clerk
Date:
Resolution No.
APPROVED AS TO FORM AND LEGAL EFFECT:
Attomey
CJ
-10-
® CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT
By: Date:
Chair
Resolution No.
Clerk.
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
CAMBRIA COMMUNITY SERVICES DISTRICT
® By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
Dated:
U
CAYUCOS SANITARY DISTRICT
Chair
C J
Resolution No
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
1 .
OCEANO COMMUNITY SERVICES DISTRICT
By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
C
-12-
TEMPLETON COMMUNITY SERVICES DISTRICT
By: Date:
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT
By:
Attorney
Dated:
LOS OSOS COMMUNITY SERVICES DISTRICT
By:
Chair
Date:
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
7423ktagr.wpd PIWN1A
-13-
STANDARD FORM OF -
AGREEMENT - ARCHITECTURAL SERVICES
® This Agreement, made this �3 day of 2001, by and between the
City of Morro Bay, hereinafter referred to as "City", and Randy Dettmer, AIA o etuner Architecture, hereinafter
referred to as "Consultant".
WHEREAS, the City desires to construct a new Harbor Department and U.S. Coast Guard office on the site of
the existing Harbor Department office; and
WHEREAS, the City requested proposals from qualified architects and selected Consultant. to execute the design
and development portion of the project; and
WHEREAS, Consultant represents that he possesses the skills, education and licenses necessary to satisfactorily
perform the services set forth herein; and
NOW, THEREFORE, in of the mutual covenants_ herein contained, the parties hereto agree as
follows:
ARTICLE 1. RESPONSIBILITIES OF CONSULTANT
a. Ste: Consultant will provide the following services as described herein and under Exhibit "A" for the City
project hereinafter described: Design Development, Preparation of Construction Documents (Working Drawings &
Specifications) Bidding Administration, and Construction Administration for a new three story, approximately 13,000
foot building to be occupied by the Morro Bay Harbor Department and U.S.Coast Guard.
b. Coordination: In the performance of Consultant's service under this Agreement, Consultant agrees that he will
maintain such coordination with City officials as may be requested and desirable, including primary coordination with the
City Project Coordinator and also with the following City officials: Community Development Director and City Engineer.
c. Project Coordinator: The City Project Coordinator shall be the Harbor Director..
A. Consultant's Services: Insofar as they may be applicable to the project contemplated by this Agreement,
Consultant shall render the services and furnish the phases of work as described in Exhibit "A", commencing with receipt
of a written Notice to Proceed signed by the Project Coordinator.
ARTICLE 2. RESPONSIBILITIES OF THE CITY:
The City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make
available to them, as their needs indicate, all existing documents and other similar data in possession of the City site as
selected. The City shall also be responsible for providing such staff production assistance as is'specified in Exhibit "A".
ARTICLE 3. FEE AND PROVISION FOR PAYMENT:
City will pay Consultant at a time and materials rate set forth in Exhibit "B" not to exceed $194,250.00 without
written authorization from City. Exhibit "B" is attached hereto and incorporated herein by reference as though here fully
set forth. Any additional applicable hourly rate billings as authorized in Article 4 shall be based on the Fee Schedule
contained in Exhibit "B".
10 Project phases, with estimated time and material costs for each phase, are as follows:
Concept & Preliminary Approvals Phase: $ 7,770.0
Design Development Phase:
Construction Documents Phase:
Bidding/Contractor Selection Phase:
Construction Administration Phase:
$ 26,640.00
$106,560.00
$ 13,320.00
$ 39,960.00
ARTICLE 4. PAYMENT FOR EXTRA WORK OR CHANGES:
Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the
Project Coordinator that the claimed extra work or change was authorized in writing in advance by the City Project
Coordinator and that the work has been satisfactorily completed. Claim for such extra work, must be submitted by
Consultant within 30 days of completion of such work and must be accompanied by a statement of itemized costs
covering said work.
ARTICLE 5. TERMINATION OF AGREEMENT:
Either party hereto shall have the right to terminate this Agreement upon giving a 10-day written notice of such
termination to the other party. In the event of the termination of this project in its entirety, notwithstanding any other fee
provision of this Agreement, the City, based upon work accomplished by the Consultant prior to notice of such
termination, shall determine the amount of fee to be paid to Consultant for their service based upon provisions in -Exhibit
"B" and such findings of the City shall be final and conclusive as to the amount of such fee. In the event of termination of
any portion of this project, Consultant shall be entitled to the reasonable value of services involved in the termination, as
determined by the City, upon a finding which shall be final as to the amount of fee due and owing.
ARTICLE 6. THE OF COMPLETION:
Consultant agrees to diligently pursue the work under this Agreement, and to complete Construction Documents
Phase the work, as described in Exhibit "A" in a satisfactory manner within 180 days of receipt of the Notice to Proceed
with such phase. Consultant shall not be responsible for any delay which is caused by action or inaction of City or acts of
God, but shall be responsible for fault or negligence of Consultant or that of any person working under Consultant.
ARTICLE 7. CONFLICTS OF INTEREST: '
No member, office, or employee of the City during their tenure, or for one year thereafter, shall have any interest,
direct or indirect, in this Agreement or the proceed thereof.
ARTICLE 8. OWNERSHIP OF DATA:
The ownership of all data collected for use by Consultant under this Agreement, together with all reports, field
data, field notes, calculations, estimates, working papers, drawings, and other material necessary to a complete
understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original
drawings and documents shall be vested in the City. Consultant may retain a copy of all work for their own use.
Consultant shall provide three copies of draft documents and one reproducible copy of final plans and specifications to
City as part of this Agreement.
ARTICLE 9. COVENANT AGAINST CONTINGENT FEES
Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure the Agreement, and that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or
violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion, to
deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage
fee, gift or contingency.
1
ARTICLE 10. CONTRACT PERSONNEL:
#work to be done pursuant to this Agreement shall be done by Randy Dettmer, [Licensed Architect] No.C-13827, and
h other personnel in the employ or under the supervision of Consultant who shall be approved by the City. The City
official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall.be
the Project Coordinator. The City reserves the right to reject any of the Consultant's personnel or proposed outside
consultants and the City reserves the right to request that acceptable replacement personnel be assigned to the project.
ARTICLE 11. WARRANTY OF CONSULTANT:
Consultant warrants that Consuhant and each of the personnel employed or otherwise retained by Consultant are properly
certified and licensed under the laws and regulations of the State of California to provide the special services herrem
agreed to.
ARTICLE 12. EMPLOYMENT STATUS:
Consultant shall, during the entire term of the Contract, be construed to be an independent Consultant and nothing in this
Contract is intended nor shall be construed to create an employer employee relationship, a joint venture relationship, or to
allow City to exercise discretion or control over the professional manner in which Consultant performs the services which
are the subject matter of this Contract; provided, always however, that the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
ARTICLE 13. INDEMNIFICATION:
Consultant shall defend, indemnify, and save harmless the City of Morro Bay, its officers, agents, and employees
from any and all claims, demands, damages, costs; expenses judgments or liability arising out of this Contract, or
AjVmted performance of the provisions hereof, including, but not limited to those predicated upon theories of -violation
JP statute, ordinance, or regulation, professional malpractice, negligence, or recklessness including negligent or reckless
operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations,
premises liability, liability arising from trespass or inverse condemnation, violation of civil rights and also including any
adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to Consultant's
"independent consultant" status that would establish a liability for failure to make social security and income tax
withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively
negligent on the part of Consultant or their agents, employees or other independent consultants directly responsible to
Consultant; providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts
or omissions to act, committed jointly or. concurrently by Consultant or. Consultant's =agents, employeesor other
independent consultants and the City, its agents, employees or independent consultants. Nothing contained in the
foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, costs,
expenses or judgments resulting solely from the negligence or, wil fid misconduct of the City.
ARTICLE 14. INSURANCE:
a. Errors and Omissions Insurance: Consultant shall obtain and maintain at their own expense prior to
commencement of the Construction Documents phase of this Agreement, professional liability (Errors and Omissions)
insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less
than $250,000 to cover all Consulting services rendered pursuant to this Agreement. Such insurance to be kept in force for
three years beyond the date of Notice of Completion of the construction as accepted by the City Council of the City of
Morro Bay.
b. Auto and Public Liability Insurance: Consultant shall also maintain in full force and effect for the duration of
Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which
surance shall include protection against claims arising from a personal injury, including death resulting therefrom, and
damage to property resulting from any actual occurrence arising out of the performance of this Agreement The amounts
of insurance shall not be less than the following:
Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
damage or a combination thereof in an amount not less than $1,000,000.
The following endorsements must be attached to the policy or policies:
(1) If the insurance policy covers on an "accident" basis, it must be changed to
"occurrence". .
(2) The policy must cover personal injury as well as bodily injury.
(3) Broad form property damage liability must be afforded.
(4) The City of Morro Bay, its officers, employees, and agents, shall be -named
insureds under the policy and the policy shall stipulate that the insurance will operate as primary.
insurance and that no other insurance effected by the City will be called upon to contribute to a
loss hereunder.
(5) Contractual liability either on a blanket basis or by identifying this Agreement within a
contractual liability endorsement.
insured.
(6)"Cross-liability". such that each insured is covered as if separate policies had been issued to each
(7) City shall be given 30 days notice prior to cancellation or reduction in coverage of the insurance.
c. Workers' Compensation Insurance: In accordance with the provisions of Section 3700 of the Labor Code,
Consultant shall be insured against liability for Workers' Compensation or undertake self-insurance. Consultant agrees to
comply with such provisions before commencing performance of any work under this Agreement.
d. Copies of Insurance to City before Commencement of Work: Consultant shall provide an insurance policy
endorsement (except Workers' Compensation) to City within 30 days of the commencement of the work of this
Agreement. Policy endorsements are necessary before a Notice to Proceed is issued. Policy endorsements shall state that
the policy shall not be canceled or reduced in coverage without 30 days written notice to City. Approval of insurance by
City shall not relieve or decrease. the extent to which Consultant may be held responsible for payment of damages
resulting from service or operations performed pursuant to this Agreement. Consultant shall not perform any work under
this Agreement until the required insurance has been obtained and until the required insurance policies have been
submitted to the. City and approved by the City Attorney. If Consultant fails or refuses to procure or maintain the
insurance required by these provisions, or fails or refuses to furnish City.required proof that insurance has been procured
and is in force and paid for, City shall have the right at City's election to forthwith terminate this Agreement.
ARTICLE 15. STANDARD OF CARE:
Services performed by Consultant under this Agreement will be conducted in a manner consistent with that level
of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar
conditions.
ARTICLE 16. NON-DISCRDHNATION:
Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965,
and all other orders, regulations and laws governing non-discrimination in employment, including in particular, Section
122(a) of the State and Local Fiscal Assistance Act of 1972.
ARTICLE 17. 1 MODIFICATION OF AGREEMENT:
This Agreement may be modified only .by a written amendment signed by both parties hereto. No verbal
agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of
this Agreement shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or
conversation entitle Consultant to any additional payment whatsoever under the terms of this Agreement.
IV090 4"
1 3 1 t:f•ii
This Agreement shall be governed by the law of the State of California.
ARTICLE 19.
RESERVATION OF RIGHTS:
Nothing in the Agreement shall be deemed to bind the City to any course of conduct other than its obligation
hereunder to pay the Consultant for said services rendered It is understood that the City reserves the complete right within
its discretion to reject all or any part of the design, plan, specification, or recommendation made to it or submitted by said
Consultant, and in that regard the only responsibility of the City shall be to pay said Consultant for services as rendered It
is further understood that acceptance herein by the City of any design, plan or specification of the Consultant shall be for
the purpose of compensating the Consultant only, and shall not be binding on the City as to any further course of action.
The City reserves the complete right to authorize the completion and construction of any phase of the work, or to deviate
from said construction plan in any degree, or to discharge the Consultant, in accordance with the terms and provisions of
this Agreement.
ARTICLE 20.
ASSIGNMENT:
This Agreement or any interest herein shall not be assigned by either party hereto
ARTICLE 21.
NOTICE:
Any notice required to be given hereunder shall be deemed to have been given by.
depositing said notice in the United States mail in an envelope bearing the proper amount of
postage thereon, and addressed as follows:
�o City:
To Consultant:
City of Morro Bay
Dettmer Architecture
Harbor Department
663 Hill Street
1275 Embarcadero
San Luis Obispo, CA 93405
Morro -Bay CA 93442
ATTN: Randy Dettmer, AIA
ATTN: Rick Algert
ARTICLE 22. COMPLIANCE WITH LAWS
In performing the services under this Agreement, Consultant shall comply with any and all applicable federal,
state, and local statutes, ordinances, plans and regulations, including any and all regulations for the protection of the
environment.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first
above written.
CONSUL
Randy Dettmer,
,ATTEST:
BY
The scope of services required of the Consultant shall include:
DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING ADMINISTRATION,.&
CONSTRUCTION ADMINISTRATION SERVICES
Mr. James Maul, AIA has prepared preliminary site plans, floor plans, and elevations, which have been approved in
concept by the City of Morro Bay, and have been attached hereto. Consultant shall develop and prepare design
development drawings, working drawings, and specifications consistent with these drawings. -
1. Review of the existing site, including configurations, drainage, external, influences, access and relationships with
adjacent developments.
2. Review the attached project conceptual plan with staff and others, including Mr. Maul, as directed. At this point,
the City may request some modification to the floor planor building design focusing on functionality of floor plan and
areas for cost savings.
3. Assess foundation requirements for the proposed building on the site. Review soils report provided by the City
from Mid -Coast Geotechnical, Inc.
4. Prepare Design Development drawings based on the attached site plan, rendered for public presentation, depicting
any revisions to the conceptual plan, space requirements, circulation patterns and Functional relationships for review and
comment by City and others, including Mr. Maul, as directed.
5. Prepare initial cost estimates for the total improvements. Presentation of preliminary building designs and cost
estimates at a public meeting.
6. , Prepare final Construction Documents (Working Drawings & Specifications) for the total project, including civil,
structural, mechanical, and electrical engineering, and incorporating approved changes as determined by review, meetings,
to verify design feasibility, define engineering or construction problems, and to establish project scope for total site and
building elements, for review and approvals.
7. Assist and coordinate with 3'd party consultant (Cost Estimator) to prepare a detailed estimate of final probable
construction costs.
8. Assist City in advertising for bidding, and distribution of Construction Documents (bid sets) to interested
contractors, respond to contractor questions and preparation of bidding addenda as required, and evaluation of bids and
contractor qualifications.
9. Provide Construction Administration services during the construction phase of the project, including evaluation
and approval of contractor payment requests, review and processing of contractor submittals, respond to contractor
requests for information (RFI's), processing and evaluation of change orders, and general representation of the project
WNSULTANI S FEE SCHEDULE
Dettmer Architecture
Randy Dettmer, AIA
Principal Architect:
Associate Architect:
Draftsperson:
Clerical:
u
$95.00 per hour
$75.00 per hour
$60.00 per hour
$40.00 per hour
RESOLUTION NO. 23-01
APPROVAL OF A SUBLEASE AGREEMENT
FOR A PORTION OF LEASE SITE 86/86W
BETWEEN GERTRUDE CLIFFE/SHIRLEY PETERS AND
KATHIE OSINCUP, DBA SOUTHERN PORT TRADERES
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 86/86Vd: and.
WHEREAS, Gertrude Peters and Shirley Cliffe (daughters of H.L. Yocum the original
tenant on the site) have been operating and managing said Lease Site for the Yocum Family
since the 1970s; and.
WHEREAS, Gertrude Peters and Shirley Cliffe have requested approval of a sublease
for a portion of Lease Site 86/86W with Kathie Osincup, d.b.a. Southern Port Traders: and,
WHEREAS, Southern Port Traders is a long-standing retail business on the waterfront.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
® Bay that the sublease agreement for a portion of Lease Site 86/86W between Gertrude
Peters/Shirley Cliffe and Kathie Ocincup, d.b.a. Southern Port Traders is hereby approved.
PASSED AND ADOPTED by the City Council of the City of Morro Bay_ at a regular
meeting held thereof on the 23`d day of April, 2001, by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: Anderson L
G ANDERSON. MAYOR
JANO BOUCHER. DEPUTY CITY CLERK
E
�'[ I
l
COPY
SUBLESSEE'S FIRST EXTENSION OF
TWO-YEAR TERM PURSUANT TO
COMMERCIAL SUBLEASE FOR KATHIE OSINCUP
dba SOUTHERN PORT TRADERS
This SUBLESSEE'S FIRST EXTENSION OF TWO-YEAR TERM
PURSUANT TO COMMERCIAL SUBLEASE FOR KATHIE OSINCUP dba SOUTHER PORT
TRADERS is made and entered into by and between SHIRLEY E. PETERS,
a married woman as her sole and separate property and GERTRUDE E.
CLIFFS, Co -Trustee of the L. ROGER CLIFFE AND GERTRUDE E. CLIFFE
TRUST AGREEMENT I dtd 10/06/96 (hereinafter called "Sublessors"),
and KATHIE OSINCUP, individually and dba SOUTHERN PORT TRADERS
("Sublessee").
RECITALS
® _ 1. Sublessors and Sublessee previously signed the
COMMERCIAL SUBLEASE FOR KATHIE OSINCUP DBA SOUTHERN PORT TRADERS
(the "sublease"), a copy of which is attached hereto as Exhibit A
and incorporated herein by reference as if fully set forth.
2. Pursuant to paragraph 1.03 of the sublease,
Sublessee shall have the option to extend the term for two (2)
additional two-year periods following the initial term on terms
mutually, agreeable to Sublessors and Sublessee. Sublessee has
given written notice pursuant to her letter of January 15, 1999 to
exercise "OPTION 1" to extend the period of the sublease from May
1, 1999 through April 30, 2001.
3. In accordance with paragraph 1.04 of the sublease,
no increases in rent have occurred however, if the Option 1 is
exercised to extend the term of the sublease past the date of April
30, 1999, the rent shall be increased in the Option 1 term by the
amount of increase in the Consumer Price Index (CPI) during the
one-year period prior to the commencement of the Option 1 term.
4. Sublessors acknowledge they have received
Sublessee's written notification of her option to extend the
sublease for the first of the two-year option terms.
® PAGE 1 OF 2
.Fries
dSI =21 10-60-„idy
5. All terms and conditions of the original COMMERCIAL
SUBLEASE FOR KATHIE OSINCUP DBA SOUTHERN PORT TRADERS shall be
incorporated and made a part of this SUBLESSEE'S FIRST EXTENSION OF
TWO-YEAR TERM PURSUANT TO COMMERCIAL SUBLEASE FOR KATHIE OSINCUP
dba SOUTHER PORT TRADERS.
6. In accordance with paragraph 1.04 of the sublease,
the rent for the Option 1 term shall be One Thousand Four Hundred
Dollars ($1,400.00) per'month plus the amount of increase of the
CPI during the one-year period prior to the commencement of the
Option 1 term.
7. All other terms and conditions of the original
COMMERCIAL SUBLEASE FOR KATHIE OSINCUP DBA SOUTHERN PORT TRADERS as
referenced by Exhibit A are incorporated herein and as to those
terms and conditions, there are no additions and/or deletions.
This SUBLESSEE'S FIRST EXTENSION OF TWO-YEAR TERM
PURSUANT TO COMMERCIAL SUBLEASE FOR KATHIE OSINCUP dba SOUTHER PORT
TRADERS is accepted in its entirety by. Sublessors and Sublessee.
Executed in Morro Bay, California as dated and signed below.
I &) dated
SMIRLE E. TERS, SUBLESSOR
dated O(f)
TE_RTRUDF E. CLIFFE, -TRUSTEE OF
THE CLIFFE TRUST, SUBLESSOR
dated ��2_1j�)1 j (�O
HIE OSZNCUP, dba SO ERN -7—"
PORT TRADERS, SUBLESSE
The signing of this "SUBLESSEE'S FIRST EXTENSION OF TWO-YEAR TERM PURSUANT TO
COMMERCIAL SUBLEASE FOR KATHIE OSINCUP dba SOUTHERN PORT TRADERS" is retroactive
to January 29, 1999 when the parties believed they had signed and executed the
FIRST EXTENSION but due to the inability of the parties to locate a signed
original or copy thereof, it has been resigned as noted above.
PAGE 2 OF 2
C
l 3
£O'd dSI=Ei 10-60--dy
® RESOLUTION NO. 22-01
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay recognizes that this is a
time of unprecedented regulatory and economic uncertainty with respect to energy
matters in the State of California, exemplified by the recent bankruptcy filing of Pacific
Gas and Electric, one of the State's largest public utilities, the current ongoing
extraordinary session of the State legislature focused on energy matters and the
Governor's recent address to the State regarding the energy crisis; and
WHEREAS, the City of Morro Bay has for nearly five decades been the home of
a large, regional, thermal power generation facility that was acquired by Duke Energy
from Pacific Gas & Electric in 1997 as part of the State's plan to deregulate the electricity
generation market; and
WHEREAS, since Duke acquired the power generation facility in Morro Bay, the
City has worked diligently with Duke and entered into a Memorandum of Understanding
® (the "MOU") with Duke to work together toward a modernization project for the Morro
Bay power generating facility that both Duke and the City can support. By working
together cooperatively, a revised modernization project was developed by Duke for the
Morro Bay facility that would provide for approximately twice the new, more efficient,
generation in approximately half the time compared to the original project proposed by
Duke. In addition, the project would also include the unprecedented removal of the
existing, massive power plant that visually dominates the community; and
WHEREAS, in November 2000, the voters of the community expressed their
strong support for the removal of the existing plant and construction of a new, less
obtrusive, more efficient, modern facility, subject to compliance ,with all applicable
environmental and regulatory requirements; and
WHEREAS, the City of Morro Bay continues to work diligently to conclude all
necessary agreements to implement the MOU between Duke and the City of Morro Bay.
as it participates in and facilitates the ongoing California Energy Commission (the
"CEC") review process for the Duke project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that the City:
® 1. Reaffirms its support for demolition of the existing power plant and construction of
new, efficient, state of the art generation facilities pursuant to the terms of the MOU;
® Resolution No. 22-01
Page Two
rapidly resolve any remaining issues of local concern with respect to the
modernization project;
3. Supports the timelines outlined in the CEC's recent scheduling order for the project
without compromising opportunities for meaningful public participation; and
4. Calls upon Duke Energy, the CEC, Coastal Commission, CalTrans, and any other
interested parties to work closely together with the City to see to it that impacts on the
community during the multi -year modernization process are minimized and to ensure
that the project will:
(a) Enhance the community, particularly surrounding beach and waterfront areas;
(b) Provide needed economic stability for the community; and
(c) Provide increased, more efficient and more environmentally friendly power for
the benefit of all residents of the State.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
® regular meeting thereof held on the 9th day of April, 2001 on the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
O E AN ERSON, Mayor
ATTEST:
BRIDGE BAUER, City Clerk
u
® RESOLUTION NO.21-01
RESOLUTION OF THE CITY OF MORRO BAY,
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR THE NORTH POINT NATURAL AREA 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 has placed certain conditions on the development ofTract 2110 "North
Point," requiring formation of a 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
F1-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 bome 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.)
® Resolution No. 21-01
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.
I 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 29, 2001 City
Council meeting.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 9' day of April, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
® ABSENT: None
O GER ANDERSON
MAYOR
ATTEST:
BRIDGET"AUER
CITY CLERK
uM/muu. V.a]I-01
Am
C11,,0 A,'0iRo EAY
.NORTH POINT NATURAL AREA
.® LANDSCAPING AND.LiGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASScSSMENT D1AGRAtM
NORTH n .
c L_G�ND
i�' � 20 �}`'-'� •s i. = LOT NUS SER
?; 1.40 AC= �� Sao, CO) =_COUNTY pec°S:C: PARCEL --
�•'
21
55.
A.c_
N
1.3
J. ,s
® RESOLUTION NO.20-01
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
bome by an assessment district as required by the Conditions of Approval of the project; and,
WHEREAS, one hundred percent (100%) ofthe property owners approved formation ofthe
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 Cite 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.)
u
® Resolution No. 20-01
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.
I 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 29, 2001 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 9`" day of April, 2001 by the following roll call vote:
® AYES: Anderson, Crotzer, Peirce, Peters
NOES: Elliott
ABSENT: None
D ER ANDERSON
MAYOR
ATTEST:
LIM
FUZZUTE
BRIDGETT03AUERCITY CLERK
TPOB PARCEL, 1
Most northerly corner o
Lot 122 of Tract 1996
MI
0 .c o 0
1' = 400'
nQe�
nc
® RESOLUTION NO.19-01
RESOLUTION ACCEPTING PROJECT NO. PW99-10A CITY DOCK FIRE SPRINKLER
SYSTEM AS COMPLETED BY FIRETECH AUTOMATIC SPRINKLER AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS. On June 26. 2000 the City Council awarded the contract for Project No. PW99-10A.
City Dock Fire Sprinkler System. to Firetech Automatic Sprinkler via the adoption of Resolution No. 35-
99: and.
WHEREAS, on April 2, 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.
NONNI, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
Project No. 99-10A 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 9 " day of April 2601, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
BRIDGET BAUER, CITY CLERK
11
ANDERSON. MAYOR
NE
K.1
KI
CITY OF MORRO BAY
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that the construction of
PROJECT NO. PW 99-IOA: CITY DOCK FUZE SPRINKLER SYSTEM
by FHRETECH AUTOMATIC SPRINKLER, 25241 S630 Road, GROVE OKLAHOMA, 74344
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: Ja,
Rick Algert, Harbor ector
t
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, Califomia, that the construction of the
PROJECT NO. PW 99-10A: CITY DOCK FIRE SPRINKLER SYSTEM
® in the City of Morro Bay, has been completed by
Firetech Automatic Sprinkler, 25241 S630 Road, GROVE OKLAHOMA, 74344
and was accepted on April 9, 2001.
BRIDGETT I R, City Clerk
City of Morro Bay, California
The undersigned hereby deposes and says:
That she is the City Clerk of the City of Morro Bay, 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.
Executed at Morro Bay, California. this day of April 200l.
i
BRIDGETT UER, City Clerk
City of Morro ay, California
11
RESOLUTION NO. 18-01
40 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING THE MAYOR TO EXECUTE REAL
PROPERTY AGREEMENT FOR ACQUISITION OF
870 MORRO BAY BOULEVARD AND
APPROPRIATING FUNDS FROM THE GENERAL FUND
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City has a need to increase space available to the Police
Department for its operations; and
WHEREAS, the City is prepared to purchase needed property upon agreement
with willing sellers for future site development for proposed Police Department
utilization; and
WHEREAS, the acquisition of the real property at 870 Morro Bay Boulevard
was designated for purchase by the City Council; and
WHEREAS, the real property at 870 Morro Bay Boulevard has been appraised at
5145,000 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, California, does hereby authorize the Mayor to execute the attached real
property purchase agreement; and
BE IT FURTHER RESOLVED, S145,000 plus reasonable and customary
closing costs is hereby appropriated for the acquisition of the real property at 870 Morro
Bay Boulevard, Morro Bay, California.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 26th day of March, 2001 on the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
D R ANDERSON, Mayor
ATTEST:
a BRIDGETT gAUER, City Clerk
E
REAL ESTATE PURCHASE AGREEMENT
This Agreement, by and between, the CITY OF MORRO BAY (hereinafter called
`Buyer"), a municipal corporation and WOODY KOPPL (hereinafter "Seller"), 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 870 Morro Bay
Boulevard, Morro Bay, County of San Luis Obispo, California, pursuant to the following
terms and conditions.
1. The Purchase Price for the Premises shall be S 145,000. Buyer agrees to pay $72,500
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. Buyer agrees to, pay $12,500 in cash or by
certified check or. bank draft on January 15, 2002.
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 26, 2001. If the Buyer shall not have received approval of
this agreement by its City Council by March 30, 2001, this agreement and any offers
shall terminate and be of no liability to each to the other hereunder.
3. Buyer agrees that Seller shall be allowed to remain in possession of the real property
and all improvements until October 31, 2001.
® 4. 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 May 30, 2001, Buyer and Seller shall immediately execute said instructions.
5. All real estate transfer, documentation and closing costs shall be paid by the Buyer.
6. As soon as reasonably possible following the opening of the escrow, Seller shall pay
for and fiimish 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
shown 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 Tide 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.
REAL ESTATE PURCHASE AGREEMENT PAGE 1 of 3
7. Unless otherwise designated in the escrow instructions of Buyer, title shall vest as
® follows: City of Morro Bay, a municipal corporation.
8. 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 1 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.
9. 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.
10. Within ten (10) calendars days after Sellers acceptance, Buyer shall have the right at
Buyer's 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. Whensuchreports 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,
in
plumbing fixtures, curtarods, 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.
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.
13. 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. 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 PAGE 2 of 3
® 15. Any addendum attached hereto and either signed or initialed by the parties shall
be deemed as a part hereof.
BUYER:
CITY OF MORRO BAY
595 Harbor Street
Morro Bay, CA 93443
Telephone: (805) 772-6200
SELLER:
WOODY KOPPL
0
Woody Koppl, Owner
870 Morro Bay Boulevard
Morro Bay, CA 93442
0 REAL ESTATE PURCHASE AGREEMENT PAGE 3 OF 3
RESOLUTION NO. 17-01
® RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED
AGREEMENT FOR INTERIM WATER SOURCES
the City Council,
City of Morro Bay, California
WHEREAS, via adoption of Resolution No. 65-00, the Morro Bay City Council declared the
community to be in emergency conditions due to contamination of the City's Morro Well Field by
MtBE; and
WHEREAS, the City of Morro Bay and Equilon Enterprises, LLC have agreed to the terms
and conditions of a Stipulated Agreement wherein Equilon shall provide funding for interim water
sources for the City in amounts equivalent to the highest annual pumpage yield of the Morro Well
Field between 1986 and 1996 for the duration of the remediation of MtBE; and
WHEREAS, said funding shall be applied towards water sources including the community's
desalination plant, source water wells, all related water systems and facilities, implementation of
studies and measures to ensure adequate water supplies, water system reliability and/or promote
water conservation as determined by the City; and
WHEREAS, it is not prudent to allocate funds significantly beyond what will be available
through the end of the current fiscal year; and
WHEREAS, City staff has prepared a prioritized list of recommended measures, studies,
® projects and tasks to provide interim water resources for payment period through June, 2001 with
the recommended fund allocations totaling $498,000; and
WHEREAS, it may be necessary to consider pursuing further measures, studies, projects
and tasks near the end of the current fiscal year; and
WHEREAS, at a regular meeting held on March 26, 2001 the City Council conducted a
public hearing on the matter; and
WHEREAS, the recommended prioritized list is comprised of the following tasks and
accompanying estimated costs:
- Water Conservation: Toilet Replacement Program: $50,000
- Water Study: Chorro Well Pumping Study: 50,000
- Supply: Desalination Facility Analysis: 20,000
- Supply: CMC Water Treatment Plant Analysis: 125,000
- System Reliability: Blending Pipeline: 200,000
- System Reliability: Kings Tank Design: 53,000
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the allocation
of funds from the Equilon Stipulated Agreement to the recommended water sources are hereby
determined to be necessary; and
BE IT FURTHER RESOLVED, funds received by the City as result of said Agreement are
hereby allocated to said tasks in said amounts.
Resolution No. 17-01
page 2 of 2
Ll
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held
on the 26" day of March, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NAYES: None
ABSENT: None
ABSTAIN: None
ATTEST: "RSdDG,7R ANDERSON, Mayor
11
jeaA jad 3aa;-ajoV
11
O O O O
00 d N O 00
O
O O O
O O O
<O O N O
'=
`=
-�
"s
,d
^_ serf
1b..
i
00-0
00-N
- 00-0
00-S
00-V
oo-r
oo-f
oo-w
oo-V
oo-w
Do"j
I oo-r
66-0
66-N
r 66-0
66-S
66-V
66"r
A
66-r o
66"W
66-V
66-w
66-A
66-r
86-0
96-N
96-0
96-S
- 96-V
86-r
96-r
86-w
86-V
�- 86-w
86-j
86-f
m ttq O Cl! O tD < N O
p6w 'puewa(3 Ja)eM
jean( jad leaf-ajoe 'puewap anllelnwno
El
11
0 0 0 0
0 0 0 0 0 0 0
O O O O
0
N O
O
0
0
m
0
n
Q
0
`m
O
LL
O
C
m O N O ON (OD a N O
Aep jad suolle6 uolplw 'puewaa JaleM
E
co
a N Q
c O
E � 0
N
I
�
i
Ema
u
III
�
I
i
f
I
I
�
I
I
I
Alm
m 7�
L
.0 O L a)C
C Z. j O
ma a)
�y O cu m CD —a)a3j
a)
Coo)
U
EO 'p
am Z
L
m O C
Y
0,
@@y(m OaN@N
m a) L6Z
9 C Co 00
�a�
C-0 O C
C
@
yL
NO
-0
C-
E@O= a a X 0
�
C
D
0-0
'0 >.
Uyyj—O—
N
NOCa
y O m
O N "O n `ZL
C
a)
O
Oco
mNy_C
O NE
0 Cc
O 0
C
a) m U4
M@ N Co m
O.3
aC
m 0 Q
N .0 Co m
pQ)
(6 mC
-0 0) U
m
scEp�
E O0�oa`»0)
m
.C..'O
C00
CO CD O 0)°
(i
pLo-J
O>
' S
�O
E
y
On
D OCQ)L—
E >cna)SZ7oU
a)O
O
O N.E
Z0
p@
U ONO0
ONp
D 16 - 0
O
>>
C
E Z O
N `LCNN
m (7
U a m D
a� C N
0—
0
>
p
O
°Ea)
my
E- ywE
p m 0 mQy>w m
a.
U .
7m
)
o
-0 n
7
Em'm�—a
.6crm
U>
0a
U>>
C7�E
_Nm(O
3w0mQ
m N O VY co
N-j U
U 7CZ mN
'p
N
m
U
Z o° m
may 7 'p
O
a
N U
@ c c+
N Co m
L •_+
> 7 U D- N
m> C LL
m
CLi
75 p m>
N
N>
m m p COto
O
p N' o
��>�m
0
>m
E 2 w a'm n
u)�0��69
»
o d
N
m o n
O
�+ L
10 C_
Ld
O
N V
00
N
N C7
C d
N U
fA L C
U
EA C C
aj
p co N m (`7
y L) N .- m M
U N
>>
>
c
0 y 0) O >. (0 C
W am
W amZ
Q n69 m-� o
C
0)T U
y
E
E
a v U E o
c E�-c
>aa�7mc
y
mo
3 p
mo
3 o
E3:
p
o O LL L
fi
N
N
U U
'0 0> p (� N LL
N
>
> N
.mj
N O
O�
0�
aa)0
Z�
o5COL0Q)oco
0� m0(7 E�
L
R
o
0
0
_
w i>1
_p
_N
c N
L
m
m
CC
f0 Q
Om
mm
LL E o
Cy Q
N r
@ t O
4)
a p 7
CD
co
2 v
cr
v Z N
o CD a
p E
c
C,o -
T C)
C O
"'D co O 7 O
O O p
—
C T N 0I
0 m
7
�1 N
rnoEOa)C)=
C m
n
O
aC�'0 Laoa)00
cr
Oa)— +. > o(O—
Co
OL
EON p)(>>7
Ol
�3y Q
O lO N E@ F a 0
O
O O O p>
O
V O1
y 0 -O O C (O m 0
(m0
� a) U
`OE
0 0 T_ U
c
vm`mW00) zcmiv�(Ln
Lor-'o
>1
@
°
0CL
E.
0
N
O o
U)
a
y
m
a)4oy
c
a)
O
U)7mQ
O)
C=0 —
m m
m L
CL00E
0=
QDc43
v)¢OUww
aQv)U)
M
O
m
m
m
a
O
U
W
O
S
Cr
W
Q
N
a)
U
.E
N
U
T 3
CO a
O
o c
E
o CO
O
CU 0
°
a
N
O y N a O
X O C
0
O C c0
CO
�
CO N d 0 c0
°-0
E m
3> M= m
m y 'D d
J
U. M 0 c
d° m
ao) �
O M E
pa @NTc
L@ O) C� 7
co
C C C V d N a
y m
.0 3 N Q)
6 -o
-U N C�
O- O N
N O E 0 N
N O° �' N N
E '_
C N d 0 0I C Q1
l9
T
N .0 N D O N
N C>
O C M d N N
a U
«
p (n N
r
In Z
c> N a°
0 0 >
U v) a) 0° N -°
O� c 0 0
«
C
V N
p
N 0
U L _ O C
L° a 3 0
c M O D «
O N
U L m N U E O
N j
01 X p p U Z' N
N `°
y
°° Q)
Z Z
O D E`° N°
O E O y
l6
O@ U O
c U Q 0
E
E _.
vl N O N N
@o
y 0 y C) O N O
�- O -O p
3°
7 N N CO
-O�c�u°��o
�EEZ
O
c�5p°c_W0
N
o-CO W
X Vf
0 a
OQ)0 in
U :t NfA
E l4 `-
O
p m N @
f
U U U= m �-
°) W E
C °
0 0
�1 N-
o 0 ~°
N Y N N N y
Q y> __
o)° U O 2
N
(�
o] o>
o
R mO N
y a C O
�'.' E 0 N
V N 41 C
Q
'02 0.0 (0 O O
O 7 d 3 c C
a 3 L ° O
O 0 U J a M N
N W= N N
`°
O L a
n N
p
O U p 0_ O—
E W V
O N 5 N
O 0
N O 2] (0
a N 3
O N
U U
EO
> O@ N O C
C C>
M N CO U N
E N _O N y y c�
n N U 3
-O O> L p-
o OM
Ln c 0 C 0. J N
Z V«> (6 y
T> U E w E 3 0 a)
o) N (0 d 0 0 0 N
O N N Z U
(` O
Q) ° O ... O y N y
E
O O@ O N N
N> 0 L E C
° (0 a s L O N f0
3
O O N O O N N
E Ea
(0 L° O> O U p
°-o E
Z °Z CO c'�-u)
ya nm a
E o o0a 3
UU o-0(Au)
N oN m
i
(6 0
= (6
Q. 3 a
O N
p. 3 a
a
Q
(6
m L c
d 'O
O
C)
a) o.. a'E
C
OD
0
c
00 O
ao s0
:o a)
0) 64
C) w V)
69
0 mEF@'
ZU np2i
-
0(D
..
y V
O
o
O N O
o
O d
Qj
O
0 0 ID
O C)
O
N
Ufp
C
C
o
CON o m(o
N
z°
V)
a � a f»
to
N
E E a
° N
O C
O
O O-
Oo CO
pt a) 'o d p
` m o m
p N c c .'..' C
_
C N
S
J
.O
Cp c N N
O N
C O 0 N N 0)w
O y a '� O c "�
N N a O O O
rn
N 0« N
O
N M .0.°
E N c p N U
«' N N N
N
y
N U U N -
C
S]
0
C)
C a a) E
O O 0
O (q O U Vi a N
l6 J N N
(4 E
N
CO a)(0
C E O N O
d CO
O@ L
�C O
a O L
N
W a.02Z
0 N C O
Z0 Ua (OCR
L N O O C p
aU >i'O U U Na U
(0 O O
Da U UO
Qz U)
C tC
• G1
o
N O) C)
0
D)CD w
0
0) N
0
O O
0) o
0 c 0
CN
C 04
C-
L N
jN
a'0 3 `�.-.
3
'�o a 3
aci w��a
C d
C
Q-�oa;
D-0
-2
W
v LL a)a
�Q>
MLL d� m e
�Q>>d3
LL aEi-o
C>5
Q c
r.c>>>>E>�
> m �o
��OyyLL
VQ
^N pL
vMZ N
^M OL O
ZU) NC
M0L
(nZ N
VTOL
-0ZN
O-y NOT
W Za
C
o
N
o
a °a
O)
a? n
oo
C)
6-0
cO
0
EnE^a
E o).
E
0, CO
°)
0N
�co
O
C)
a 0(D
aa
Ol O)
0
(0a
N N
O) O
E
coNCO N
CO °00
tC) /4
C
«�O MO
C
N C'! COf
(OWN ON
0)1) n 0
OM)n N
O ' O
((00
j
OD
C O O
00 T>O T
^ovzv
O) M
—�v<
m r
a- Q)
D a
�m
Q O)
00mdom
> In -o J (n 'o
T
CftO
N
wD
N
E
C
m
a,C
V
c
N
m CO
(an
Oy
0C
.C• O>
�LL
Oa
i
Cc
_±m
o, g
EL
Cu
CL
o 3
°�Z
�
Q, , 0-�
5>
cc
-0
EE
EUo
-U)a
�no
oc
o
pM
LSaap
0
CL
a)
3:U>2)�2
r)
`o
N
N
rn
CO
a
�g
i
�l
J
C
"O aCj
C
M C
� O
-
N
ai tN
c
Y cmO°
co Mc
� E°
>
°° °
C-
co a)
0a)
-
O
J u
a°i
y dQ
ccd
M`
r
E
N
Q)
M F E p
( O A
a
- C O
c o
x T~ a)
o a f
a) a
a) U
m� ti U
..
o�
�� y° o
o f
y
�Ea)
d°
0° m
c
oE'
0 7
N
Z
N
T N
U� N M I
3 U 0
C) r y O H
O `) O O
T CU.
C M 0)
E
L
�, N
O U O_ Co
N. 0/ a) U 3
C a)
O a
a) C
N L
M 7 U
N c
a)'
=
° C C a N
�` E m y
O
E a)
C C E y
7
V O 7
N Y O M
a
7 c 0 M
X
a) a)
d
-p O: a 7
L)
CO O
V y M D m
U 3
O
L O OCD � >
M a 0
«O O
� 0)O� 6
o =
m °1 3 � °a
c aa)) a)
c m00 c c
a) "o E
Ux
y
c-6 3U °n
E->
Ea-ca �7yarn
a
tea) Q)
CL
ma
°m m
O
O w C1 N
N N
@ E M m m
7? 7 `y
7
U C m O
'tc
'to)uME>"oL
>
o-,_rr..a
am
aam.25Z�lLo'�Z
...Ea)CL,=°-�d.-.
�0cu 0Xm6)3�oli�a°OoU°'
0
++
N
0 N
U
N
C
i O
U
>
Q
O
M u
`
o
C) �
o °
c
Ca
ca In
CO E
0
c
pD
co
M m
m
¢
¢
¢
a >,
LL ,..
Z
Z
Z
7
N
y C)
0
O
`
o
C)
o
°a"
N V
o
0
C)
0
O
O
c a o N
O d
Utq
O
O
N
O
O
O
U N 7 M
69
69
�
i»
w
can
O
z < c°im
(o 0
N
o c_
E
j O
y E T°
'O >' O
M
O
'0
O y0
w 7 M CO
M
7a0
N
LL
N
d
r
C
o E a
a) O C a)
c `o a s
U
V y
0
N
d -
a)
C
3
V
co E
°
fl a)
2
maE
a
d
aE
0
Cn
m°a
aE aE
EMoa>
y
co
NEE
Eo
EEY
() O
Z aE
O L p O
U a'N Z
00
UN
a) p 7
0 0U)
00
UN
0 7
L.)M
C
D
C `
T
w
w
a C
w L
L'
3
M
7 ¢
E
M
Obi
/Q
1- Co d
¢
¢
¢
¢_
¢_
VY
t T
Z
Z
z
Z
Z
d
.0
_
CL
O
N
T
U
T
cm
O
O
+ L
O
-
p)
C
-
M
-
M
M
O
D
3 fl
o
of
of
E
Ci
t o
Z
Z
Z
z
Z
T
a)
y
7 v
c
d
n
~
a
�...
N C
E
m a
n
rn
o m
c
y
UM
�EU�
c
�a)
�NLD
.rn.
�J
Co
'0 y O�
a)E
N d
v
C)
Uc
Y
dm
M p.
a)°E°
M N
No
N
Si
a-ca
m
� 5
3�
�¢za
Ll
LI
City of Morro Bay
Department of Public Services
Water Revenue Fund Expenditures for Water
FY 1995-96 through 2000-01
year
'95-'96
'96-'97
'97-'98
'98-'99
99-'00
'00-'01
expenditure
1 $ 8,104
$ 121,543
$ 191,293
$ 150,786
1 $ 163,249
1 $ 175,0DO-
' = budgeted, not actual expenditures
Sources: Adopted FY 1998-99 and 2000-01 Budget documents and FY 1999-200 audited
period 13 expenditure ledger.
8 P S R 8
A H M /V lV p C C G
r 1
_C
4s
r r
L
Z'
000c
}I
e o b v O w
�I
Joo..ao���
o
o i o m n n$ o o
UW f2 mV
=oeec9EmmNo
J c c _ p
O U a w
L
gt�oa;�oaze�
o c o U lix
o M. a2 n n 5i �n
w
to
n.,
�lll1011llll
a
m
C
A
a;
i
i
Aep iad V-"Ieb-IIIw'LRWH JN PJftNO AIeO PaWW53
l
RESOLUTION NO. 16-01
RESOLUTION ADOPTING CITY COUNCIL
POLICIES AND PROCEDURES,
AND RESCINDING RESOLUTION NO. 71-98
CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS; it is in the public interest that meetings of the City Council be
conducted in an efficient, thorough and courteous manner so the public's business can be
properly transacted; and
WHEREAS, this Resolution rescinds and supersedes all previous resolutions
relating to this matter; and
WHEREAS, proper conduct of City Council meetings in such manner will be
aided by the Council's adoption of City Council Policies and Procedures.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City Council Policies and Procedures set forth below are adopted.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting
thereof held on the 12th day of March, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kill. MAI
El
DWR ANDERSON, Mayor
RESOLUTION NO. 15-01
® UPDATING THE CITY'S POSITION ON
NATIONAL MARINE SANCTUARIES
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS, the National Marine Sanctuary Act was reauthorized by Congress in 2000; and.
WHEREAS, 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/municipal services have only
recently shared boundaries: and.
WHEREAS, the Channel Islands National Marine Sanctuary (CINMS) is currently revising its
management plan and is considering expansion of the CINMS to Pt. Sal; and:
WHEREAS, the Monterey Bay National Marine Sanctuary (MBNMS) is embarking on revision of
its management plan this year which most likely will consider some potential boundary expansion
proposals; and.
WHEREAS, a group of harbor managers. fishermen and marine dependent businesses has formed as
"The Alliance of Communities for Sustainable Fisheries" to constructively work with the MBNMS
management plan update process; and.
WHEREAS, Conflicts have arisen and 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 the Marine Sanctuary Program:
and.
NOW THEREFORE, BE IT RESOLVED that the City of Morro Bay hereby endorses the
attached "California Marine Affairs and Navigation Legislative Policy Statement: Marine Sanctuaries":
items one through six. y y
BE IT FURTHER RESOLVED, that the City of Morro Bay supports the creation of a separate
Central California Marine Sanctuary.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to correspond with the
appropriate agencies regarding this position and City staff is authorized to participate in the Alliance of
Communities for Susta`mable'Pisheries under the guidelines of this policy.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held
thereof on the 12" day of March 2001. by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
® / G ANDERSON. MAYOR
BRIDGETA BAUER, CITY CLERK
® CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE
Legislative Policy Statement
Marine Sanctuaries
1. Support the preservation of the Nation's oceans through Congressionally
established Marine Sanctuaries.
2. Sanctuary status should not reduce the ability to transport dredged material to
designated deposition sites.
• Sanctuaries should not add additional requirements or obstacles to the
existing rigorous State and Federal review process for dredge material
disposition.
3. Sanctuary status should not restrict vessel traffic nor require alterations to
shipping lanes that are not supported by that industry.
4. Sanctuaries or their managers should not regulate fisheries or cause Fishery
Management agencies to issue new fishing restrictions on behalf of the Sanctuary
® Program.
5. Sanctuaries should not restrict the ability of Ports and Harbors to perform general
maintenance, or construct improvements, required for operations;
• consider keeping Sanctuary boundaries away from Ports and Harbors.
6. Sanctuary Advisory councils should be strengthened to create a well represented
local voice in partnership with Sanctuaries and their managers in decision -making
for issues that affect local interests. The Program needs to be accountable to the
communities that it neighbors.
El
® RESOLUTION NO.14-01
A RESOLUTION OF THE CITY OF MORRO BAY AUTHORIZING THE
PURCHASE OF ONE (1) WHEELCHAIR ACCESSIBLE VEHICLE FOR MORRO BAY
DIAL -A -RIDE FROM THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL
SERVICES PROCUREMENT DIVISION CONTRACT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay's transit system, Morro Bay Dial -A -Ride, needs to
replace one (1) vehicle that were purchased in 1995, and has exceeded the useful life standards set
pursuant to Federal regulations; and
WHEREAS, in November 2000 the San Luis Obispo Council of Governments entered into
a capital assistance agreement with the State of California to provide a grant to aid the City in the
purchase of one (1) new vehicle for Morro Bay Dial -A -Ride; and
WHEREAS, the City's required local match has been appropriated in the fiscal year
2000/2001 Transportation budget.
® NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does
hereby authorize the purchase of one (1) wheelchair accessible vehicle for Morro Bay Dial -A -Ride
from the State of California Department of General Services Procurement Division Contract No. 1-
00-23-15-01 pursuant to Section 10324 of the California Public Contract Code, and that the City
Manager, or his designated representative, is hereby.directed to sign and deliver all necessary
requests and other documents in connection therewith for and on behalf of the City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 12nd day of March 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None �A
OVGER ANDERSON, Mayor
ATTEST:
BRIDGETT AUER, City Clerk
® RESOLUTION NO.13-01
RESOLUTION REVOKING COUNCIL RESOLUTION NO. 72-98, WHICH
GRANTED A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO
YELLOW CAB CO., AND GRANTS A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO BEACH CITIES CAB CO. INC. TO OPERATE
A TAXICAB SERVICE IN MORRO BAY
WHEREAS, The City Council finds that there is a continuing need for a taxicab service to
meet the public transportation needs; and
WHEREAS, The City Council finds that the previous Certificate of Public Convenience and
Necessity issued to Yellow Cab Co. to operate a taxicab service should be revoked due to their
abandonment of such service to the City; and
WHEREAS, Jeffrey Goldenberg, doing business as Beach Cities Cab Co., Inc, has requested
that he be issued a Certificate of Public Convenience and Necessity to operate a taxicab service in the
City of Morro Bay; and
WHEREAS, The City Council has determined that Beach Cities Cab Co., Inc., has the
® requisite background and financial responsibility to conduct a taxicab service at the established and
proposed rates from Beach Cities Cab Co., Inc;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that Council Resolution No. 72-98 granting a Certificate of Public Convenience and Necessity to
Yellow Cab Co., is hereby revoked.
BE IT FURTHER RESOLVED that a new Certificate of Public Convenience and Necessity
be issued to Beach Cities Cab Co., Inc. to operate a.taxicab service in the City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 12' day of March, 2001, by the following vote;
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
zzz 0 A
ABSENT: None
D R ANDERSON, MAYOR
ATTEST:
BRIDGETT AVER, CITY CLERK
RESOLUTION NO. 11-01
® RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
REAL PROPERTY AGREEMENT FOR ACQUISITION OF REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF MARKET AVENUE
AND PACIFIC STREET AND APPROPRIATING FUNDS FROM THE
PARKING IN LIEU FUND AND/OR THE GENERAL FUND RESERVE
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; and
WHEREAS, monies accumulated in said Fund are to be used for designated public
parking tasks; and
WHEREAS, the real property at Northeast comer of Pacific Street and Market Avenue
® has been appraised at S500,000.00 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, S500,000.00 plus reasonable and customary closing
costs from the Parking -in -Lieu Fund and General Fund Reserve is hereby appropriated for the
acquisition of the real property at the Northeast corner of Pacific Street and Market Avenue,
Morro Bay, California.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 26' day of February, 2001, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
V,Vb9tR_AND(ERSON, MAYOR
ATTEST:
BRIDGE AUER, CITY CLERK
r�
REAL ESTATE PURCHASE OFFER
This Offer, made January 22, 2001, by the City of Morro Bay (hereinafter called
"Buyer"), a municipal corporation and Jesse and June A. Norris (hereinafter "Seller")
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 on the North East
Comer of Market Avenue and Pacific Street; Morro Bay, County of San Luis Obispo,
California, more specifically. described as follows: Lot i and a -portion of Lot 6 of Block
30, Town of Morro Bay, City of Morro Bay, County of San Luis Obispo, State of
California (A.P.N. 066-112-007); pursuant to the following terms and conditions.
I . Consideration: The Purchase Price for the Premises shall be $500,000, 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 Offer is contingent upon the approval of the Buyer's City Council. The Buyer
agrees to -submit this Offer to its City Council for approval at a duly called and noticed
meeting thereof not later than February 26, 2001: If the Buyer shall not have received
approval of this Offer by its City Council by February. 27, 2001, this Offer 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 xith 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 1, 2001, Buyer and Seller shall iniinediately execute said instructions.
4. As soon as reasonably possible following the off ,�ning of the escrow, Seller shall pay
for and furnish to Buyer a Preliminary Title Repots or. the .;ubject property, together with
full copies of all Exceptions set forth therein, inc';:dirg 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.
shown in said Title Report. Inthe 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.
REAL. ESTATE PURCHASE OFFER PAGE 1 of 3
5. Unless otherwise designated in the escrow instructions of Buyer, title shall vest as
follows: City of Morro Bay, a municipal corporation.
® 6.. 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.
7. Within ten (10) calendars days after Sellers acceptance, Buyer shall have the right at
Buyer's 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.
8. 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.
9. Throughout the period between the date of this Offer and the date of the closing of
title, the.Seller shall maintain existing liability insdrance on the Premises.
10. Possession shall be delivered to Buyer on close of escrow.
® 11. 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, Seller nor Broker shall be bound by any understanding; Offer, promise,.
representation; or stipulation, express or implied, not specified herein.
12. Any addendum attached hereto and either signed or initialed by the parties shall be
deemed as a part hereof.
REAL ESTATE PURCHASE OFFER PAGE 2 of 3
13. This constitutes an offer to purchase the above -described property. Unless
Acceptance is signed by Seller and a signed copy delivered to Buyer. In person or by
®
mail to the address below, within 20 days from the date hereof, this offer shall be deemed
revoked.
BUYER:
CITY OF MORRO BAY
- '
By.
Robert Hendrix
City Manager
595 Harbor Street..
Morro Bay, CA 93442
Telephone: (805) 772-6200
-
THE FOREGOING OFFER IS HEREBY ACCEPTED IN FULL.
SELLER: SEf CO/JTi2riC7
14 lriJu a .
_ By:
Address:
Telephone:
- - S/nmtcmbco�.admn✓,V'orrisProperpOffer -
REAL ESTATE PURCHASE OFFER PAGE 3 of 3
The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement and Receipt
for Deposit, ❑ Manufactured Home Purchase Contract and Receipt for Deposit, ❑ Business Purchase Contract and Receipt for Deposit,
oXother Real; Estate Purchase Offer
dated on property known as:
- in which - - - - _ is referred to as Buyer
and
_ is referred to as Seller.
SeiI2r reserves the rlht to eX2Cu to a 031 Ta.X Clef g - -.
- CJ e:2rl -red EXL'ha❑ e
at PO C05t to Buyer.
Seller reauests the use of First American title, San i.ui.s Obis o: "
Atte^ ien: Karen OQburn for Escrow and Title.
1'f
.I:
I.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
bate j k. & i Date -
Buyer •� i7 .1 ✓vac Seller
Buyer
Seller
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CA-R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION: A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to identity the user as a REALTOPM. REALTOR® is a registered collective membership mark
may be used only by members of the NATIONAL ASSOCIATION OF REALTORS'a who subscribe to its Code of Ethics.
he Copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means. including facsimile for computerized
formats. Copyright ®1986-1997, CALIFORNIA ASSOCIATION OF REALTORSO -
P21 ed"and Diunbuted by: — OFFICE USE ONLY —
REAL ESTATE BUSINESS SERVICES, INC. Reviewed by Broker
a subsidiary or the CAUFORNIA ASSOCIA7ION OF REALTORSO
^ 525 South Virgil Avenue, Los Angeles, California 90020 I or Designee
PRIM DATE BUYER'S COPY Date
R JUL 98
® RESOLUTION NO. 10-01
A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING A TRANSFER OF FUNDS FOR THE PURCHASE OF
1055 MORRO AVENUE TO REIMBURSE THE PARKING IN LIEU FUND
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, The City of Morro Bay purchased a parcel located at 1055 Morro Avenue; including
a parking lot and 3,000 square foot building with Parking In Lieu funds to provide off site public parking;
and.
WHEREAS, minor improvements were completed to the public parking lot and it was made
available for use; and.
WHEREAS, the lot was used for public parking generally, as well as for special events such as
the Harbor Festival and Lighted Boat Parade; and;
WHEREAS, the building located on the site was considered for use as a youth center; and,
WHEREAS. a Conditional Use Permit has been granted by the Planning Commission for use of
the entire site as a youth center.
® NOW,THEREFORE,BEIT RESOLVED that the site located at 1055 MorroAvenuewill now
be used as a youth center:
BE IT FURTHER RESOLVED that the funds donated for MCI WorldCom and A T & T be used
to reimburse the Parking In Lieu fund for the total original cost of $331.119.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held this 26th day of February, 2001 by the following roll call vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
4Dr AN ERSON. MAYOR
ATTEST:
BRIDGETT tAUER. CITY CLERK
® u.w.council r e10-01
® RESOLUTION NO.09-01
RESOLUTION OPPOSING THE PROPOSAL
TO USE THE STONY VALLEY AREA AS THE
DOOLITTLE TRAINING TARGET AREA FOR BOMBING PRACTICE
The City Council,
City of Morro Bay, California
WHEREAS, the area composed of the Ventana Wilderness, Big Sur Coast, Las Padres
National Forest, and the Hunter Liggett Reserve is full of botanical and geological resources that are
unique in the World; and
WHEREAS, this area is home to endangered plants and animals as well as to reintroduced
endangered species such as the California Coastal Condor; and
WHEREAS, this area has become an important recreational area for major urban centers
within California including Los Angeles and San Francisco where tourists are experiencing the
beauty and quiet of a natural area; and
® WHEREAS, the US Navy is now planning to construct a new bombing range —the Doolittle
Training Target Area — and fly over 900 sorties every year over wilderness and open space areas; and
WHEREAS, the Mayor of each City within San Luis Obispo County has considered this
proposal and is in opposition; and
WHEREAS, numerous alternative military areas exist where such exercises would not have
the detrimental impact of this proposal; and
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that this City is
in opposition to the development by the US Navy of the Doolittle Bombing Range within the San
Antonio Valley; and
BE IT FURTHER RESOLVED, that the City of Morro Bay urges the US Navy to consider
the fragile natural state of this area, its adjacency to growing populations, the use of the surrounding
area as a recreational destination, and all reasonable alternative locations for such a facility.
l
® Resolution No. 09-01
Page Two
PASSED AND ADOPTED, by the Mono Bay City Council at a regular meeting thereof
held on the 7' day of February, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
D ANDERSON, Mayor
C
ATTEST:
§V- r ' Vl , P--i I&
E
® RESOLUTION NO. 08-01
RESOLUTION ACCEPTING PROJECT NO. PW 96-35:
CHORRO CREEK REVEGETATION PROJECT AS COMPLETE AND
AUTHORIZING FILING OF THE NOTICE OF COMPLETION
the CITY COUNCIL,
City of Morro Bay, California
WHEREAS, on November 12, 1996 the Morro Bay City Council awarded the contract for
Project No. PW 96-35 to Acacia Landscaping and Erosion Control, Inc. via the adoption of
Resolution No. 81-96; and
WHEREAS, the Project has been completed in substantial conformance to the Project
plans and specifications; and
WHEREAS, it is appropriate for the City Council to accept the Project on behalf of the
public and to authorize the filing a Notice of Completion.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that Project No.
PW 96-35: Chorro Creek Revegetation Project is hereby accepted as completed by Acacia
Landscaping and Erosion Control, Inc.; and
® 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 26' day of February, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: /
R D R AND RSON, Mayor
UER, City Clerk
,.
C
® . Recording requested by: and
When recorded mail to:
City of Morro Bay
Capital Projects Manager
590 Morro Bay Boulevard
Morro Bay, Ca. 93442
El
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 96-35:
CHORRO CREEK REVEGETATION PROJECT
in the City of Morro Bay, has been completed by
ACACIA LANDSCAPING AND EROSION CONTROL, INC.,
604 S. SAN MARCOS ROAD, SANTA BARBARA, CA. 93111
and was accepted on February 26'", 2001.
- NO TRANSFER OF PROPERTY -
The undersigned hereby deposes and says:
I
BRIDGETT EOUER, City Clerk
City of Morro Bay, California
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, Califomia, this a�(D day of February, 2001.
4L &AvCl �
BRIDGETT B ER, City Clerk
6
CITY COUNCIL RESOLUTION NO. 07-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY.
AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS
AND MAKING SUPPLEMENTAL APPROPRIATIONS AND INTERFUND LOANS FOR FISCAL YEAR
2000-2001
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 -today basis; and
WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of Citygovernment
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 26, 2000
by adoption of Resolution No. 38-00; and
WHEREAS, the City Council finds it necessary to amend said budgets.
NOW THEREFORE, BE IT RESOLVED:
1) That the operating budgets of the City of Morro Bay are amended by modifying appropriations and estimated
revenues as shown on the attached summary schedule.
2) That the City Council authorizes the loan of$500,000 from the General Fund to the Water Revenue Fund to provide
funding for the Shell MtBE case. That loan being made at 6% interest per annum.
3)That the City Council authorizes the loan S255,475 from the Wastewater Capital Fund Fund to the Wastewater
Collection Fund to provide funding for the Atascadero Road Sewer Repairs and other needed appropriations. That
loan being made at 0% interest per annum.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of
January, 2001, by the following vote to wit:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
4 M• gA,-
rggf -=
® ICI�IIR�,✓TIM
I�.I191
1ANICE PETERS
Vice- Mayor
RESOLUTION NO. 06-01
A RESOLUTION OF THE CITY COUNCIL
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
® INTEGRATED WASTE MANAGEMENT BOARD FOR A 00101 PARK PLAYGROUND
ACCESSIBILITY AND RECYCLING GRANT PROGRAM.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, The voters of Cal iforniapassed the Safe Neighborhood Parks, Clean Water, Clean Air;
and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act). This act authorized the California
Integrated Waste Management Board to establish a grant program to: 1. assist local agencies in meeting the
state and federal accessibility standards relating to public playgrounds; and 2. conserve resources and develop
markets for recycled -content materials and equipment: and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the State, setting up necessary procedures
governing application by local agencies, businesses and non-profit organizations under the program: and
WHEREAS, said procedures established by the California Integrated Waste Management Board
require the applicants to certify by resolution approval of the application before submission of said application
to the State: and
WHEREAS, if awarded a grant, the applicant will enter into an agreement .with the State of
California for development of the project:
® NOW,THEREFORE, BE IT RESOLVED thatthe City Council of the Cityof Morro Bay authorizes
the submittal of an application to the California Integrated Waste Management Board for a 00/01 Park
Playground Accessibility and Recycling Grant Program. The Recreation and Parks Director of the City of
Morro Bay is hereby authorized and empowered to execute in the name of the City of Morro Bay all necessary
applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing
grant funds and to implement and carry out the purposes specified in the grant application.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held this 22nd day of January, 2001 by the following roll call vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
VICE -MAYOR
ATTEST:
is I . &
BRIDGETQAUER,CITY CLERK
u.muncil.res06-01
RESOLUTION NO. 05-01
® A RESOLUTION APPROVING A SIX (6) MONTH EXTENSION TO THE CABLE
FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the current Cable Television Franchise Agreement with Charter
Communications will expire at the end of February 2001; and
WHEREAS, over the past year, as part of the cable franchise renewal process, the City has
been gathering information from the public and assessing needs through various activities such as
public hearings and an extensive survey conducted in the winter of 2000; and
WHEREAS, Charter Communications submitted a Cable Franchise Renewal Proposal to
the City for consideration on April 21, 2000; and
WHEREAS, towards the end of July 2000, the City hired Mr. Carl Pilnick of
Telecommunications Management Corp. to provide consulting services to draft an updated cable
ordinance for Council to adopt, review Charter's franchise renewal proposal, conduct a technical
evaluation of the cable system, and draft a new franchise agreement; and
WHEREAS, the first three tasks have been completed, however, due to timing issues, staff
® does not anticipate that consideration of adopting the updated cable ordinance or review of the
consultant reports regarding Charter's renewal proposal and the technical evaluation will occur until
close to the expiration of the current franchise; and
WHEREAS, the last task to develop the new franchise agreement, will require further
negotiations with Charter in order for it to be completed, and should not be approved until after the
updated cable ordinance takes effect.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay
the approval of six (6) month extension to the Cable Television Franchise Agreement with Charter
Communications.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 22nd day of January 2001 by the following vote:
AYES: Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: Anderson
ABSTAIN: None
ICE PETER, Vice -Mayor
ATTEST:
® BRIDGEIU BAUER, City Clerk
0 RESOLUTION NO. 03-01
DESIGNATION OF RELOCATED HANDICAPPED AND LOADING ZONE PARKING
SPACES AT THE DUNE STREET DOCKS
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 within the City of Morro Bay; and.
WHEREAS; a loading space is required at the head of the Dune Street slips to provide slip users
adequate time to load gear, equipment and provisions onto their vessels; and;
WHEREAS, a handicapped parking space is required in the same area; and.
WHEREAS, the City has identified improved locations for these parking spaces previously
designated by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the parking space designations for the loading zone and handicapped parking as shown on the attached
map labeled `Attachment A" are hereby authorized; and:
BE IT FURTHER RESOLVED, that those spaces desinated for commercial loading and
® handicapped in the Dunes Street/Anchor Park area by Resolution 63-00 are hereby rescinded..
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 8`h day of. 2001. by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
JAt IE BOUCHER. DEPUTY CITY CLERK
11
MDC�ffANDERSON,
0 RESOLUTION NO. 02-01
RESOLUTION PROHIBITING ON -STREET PARKING ON THE NORTH SIDE
OF QUINTANA ROAD FROM THE EXISTING NO PARKING ZONE ABOUT TWO
HUNDRED FEET EAST OF MAIN STREET TO THE EXISTING NO PARKING ZONE
ABOUT SEVEN HUNDRED FEET EAST OF MAIN STREET
the City Council,
City of Morro Bay, California
WHEREAS, Section 10.36.040 of the Morro Bay Municipal Code prohibits any person
from parking any vehicle on any publicly -owned property when such a prohibition has been
established by resolution of the City Council; and
WHEREAS, adopted community planning policies identify Quintana Road as a
regionally -significant bicycle route; and
WHEREAS, in its current geometric configuration, the developed Quintana Road
occupies the totality of the existing public property and acquiring additional right-of-way would
be a hardship on the community and adjacent property owners; and
WHEREAS, the City has acquired grant monies to rehabilitate Quintana Road and to
install bike lanes within the existing property limits; and
WHEREAS, in order to have sufficient room for said bike lanes it is necessary to
prohibit on -street parking along a segment of Quintana Road; and
WHEREAS, to also to increase vehicle sight distance for the properties along this street
segment, prohibition of parking along the north side of the street between two existing no
parking zones is appropriate; and
WHEREAS, the area of proposed prohibition starts at the end of a no parking zone
about two hundred feet east of Main Street and extends to the beginning of a no parking zone
about seven hundred feet east of Main Street.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that pursuant to
Morro Bay Municipal Code Section 10.36.040, on -street parking is hereby prohibited along the
north side of Quintana Road from about_ two hundred feet east of Main Street to about seven
hundred feet east of Main Street; and
BE IT FURTHER RESOLVED, the Director of Public Services is hereby authorized and
directed to install such signs and/or markings appropriate to reflect this action.
PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof
held on the 8° day of January, 2001 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: RODGER ANDERSON, Mayor
JAMIE,BOUCHER, Deputy City Clerk
0 - CITY COUNCIL RESOLUTION NO. 01-01
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 CityTreasurer 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 8th day of
January, 2001, by the following vote to wit:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
R DGER ANOERSON,
Mayor
] tE BOUCHER,
Deputy City Clerk
uvurscrao�rswmoro,..w