Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution 01-02 to 71-02
El 11 El RESOLUTIONS 2002 NO. TITLE ADOPTED 65-02 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 12-03-02 66-02 RESOLUTION IN SUPPORT OF THE SPOT PRAWN FISHERY 12-03-02 67-02 RESOLUTION SUPPORTING THE ALLOCATION OF PROPOSITION 50 SLO COUNTY FUNDS 12-09-02 68-02 VOID 69-02 VOID 70-02 RESOLUTION APPROVING THE FINAL MAP FOR TRACT 2285 (MORRO COVE) 12-09-02 71-02 RESOLUTION AMENDING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS 12-09-02 RESOLUTIONS 2002 NO. TITLE ADOPTED 57-02 RESOLUTION ADOPTING THE CITY OF MORRO BAY POLICY FOR AUTHORIZED GRANT AND SPECIALLY FUNDED POSITIONS 10-14-02 58-02 RESOLUTION AUTHORIZING EXECUTION OF STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT FOR A SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE ONE REPLACEMENT TROLLEY AND ONE REPLACEMENT COMPUTER 10-14-02 59-02 RESOLUTION DESIGNATING AND AUTHORIZING INSTALLATION OF A NO PARKING ZONE ON THE WEST SIDE OF PINEY WAY NORTH OF PACIFIC ST. 10-28-02 60-02 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON IRONWOOD AVENUE AND ELENA STREET 10-28-02 61-02 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON LAS TUNAS STREET AND KINGS AVENUE 10-28-02 62-02 RESOLUTION APPROVING A COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF 714 EMBARCADERO AND 781 MARKET AVENUE, AND INTENTION TO FINANCE THE ACQUISITION 10-28-02 63-02 RESOLUTION APPROVING A TRANSFER OF FUNDS FOR THE LILA KEISER EAST FIELD LIGHTING PROJECT AND AWARDING THE BID FOR THE PROJECT TO BENERGY, INC. 11-12-02 64-02 RESOLUTION REJECTING THE BID FOR THE KEISER PLAYGROUND PROJECT AND DISPENSING WITH FURTHER COMPETITIVE BIDDING ON THE PROJECT 11-25-02 k C-� l RESOLUTIONS 2002 NO. TITLE ADOPTED 49-02 RESOLUTION APPROVING A REVISION ON THE MASTER FEE SCHEDULE FOR PARKS AND PUBLIC AREA USE FEES AND AMENDING THE FACILITY USE FEES 08-26-02 50-02 RESOLUTION ADOPTING THE MULTI -HAZARD EMERGENCY PLAN, PART 1 - BASIC PLAN, AND THE CALIFORNIA STANDARDIZED EMERGENCY MANAGEMENT SYSTEM 08-26-02 51-02 RESOLUTION ESTABLISHING PASSENGER LOADING ZONE ON THE NORTH SIDE OF SEQUOIA STREET FROM HEMLOCK STREET TO FIR STREET 09-09-02 52-02 RESOLUTION APPROVING AN AGREEMENT FOR DEED OF TRUST FOR LEASE SITE 82-85/82W-85W (ROSE'S LANDING - 725 EMBARCADERO) 09-09-02 53-02 RESOLUTION REQUESTING PERS BOARD OF ADMINISTRATION TO WAIVE THE 960-HOUR RULE FOR EMPLOYMENT OF A RETIREE (WILLIAM ORNDORFF) 09-23-02 54-02 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES 09-23-02 55-02 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES 09-23-02 56-02 RESOLUTION APPROVING A 30-YEAR LEASE AGREEMENT WITH THE MORRO BAY YACHT CLUB FOR LEASE SITE 57-61/57W-61W 09-23-02 RESOLUTIONS 2002 NO. TITLE ' ADOPTED 40-02 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION FOR THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY 07-08-02 41-02 VOID 42-02 VOID 43-02 RESOLUTION APPROVING A REAL ESTATE AUCTION PURCHASE CONTRACT FOR ACQUISITION OF 231 ATASCADERO ROAD, MORRO BAY 07-08-02 44-02 RESOLUTION AUTHORIZING EXAMINATION OF SALES ® AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 07-22-02 45-02 RESOLUTION APPROVING AND ADOPTING THE ADVISORY BOARDS HANDBOOK AND BY-LAWS 08-12-02 46-02 RESOLUTION APPROVING AND ADOPTING THE COUNCIL POLICIES AND PROCEDURES MANUAL AND RESCINDING RESOLUTION NO. 47-01 08-12-02 47-02 RESOLUTION APPROVING ACCEPTANCE OF AN OFFER OF DEDICATION ON PINEY WAY AND THE SUMMARY VACATION OF A PORTION OF THE MAIN STREET FRONTAGE AT 180 MAIN STREET 08-12-02 48-02 RESOLUTION APPROVING A SIX MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS 08-26-02 ® RESOLUTIONS 2002 11 NO. TITLE ADOPTED 32-02 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA, 05-28-02 33-02 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 05-28-02 34-02 RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED AGREEMENT FOR INTERIM WATER SOURCES 06-10-02 35-02 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003 06-24-02 36-02 RESOLUTION ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2002-2003 06-24-02 37-02 RESOLUTION ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-24-02 38-02 RESOLUTION ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-24-02 39-02 RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 5, 2002; AND OTHER ELECTION MATTTERS AS REQUIRED BY LAW 06-24-02 ® RESOLUTIONS 2002 NO. TITLE ADOPTED 24-02 RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE GARBAGE, RECYCLING, AND GREEN WASTE FRANCHISE AGREEMENT TO WASTE CONNECTION, INC. 04-22-02 25-02 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND YNEZ VIOLE O'NEILL EXTENDING THE TERM FOR FIVE YEARS O4-22-02 26-02 APPROVAL OF AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 68/68W, LOCATED AT 591 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND THE HELD FAMILY TRUST ® EXTENDING THE TERM FOR FIVE YEARS O4-22-02 27-02 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-22-02 28-02 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR NORTH POINT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-22-02 29-02 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE PURCHASE OF FINANCIAL SOFTWARE 05-13-02 30-02 RESOLUTION ANNOUNCING ISSUANCE OF A BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR DOWNTOWN BUSINESS ENHANCEMENT 05-28-02 31-02 ADOPTION OF A REVISED MASTER LEASE FORMAT 05-28-02 ® RESOLUTIONS 2002 NO. TITLE ADOPTED 17-02 RESOLUTION AMENDING THE OPERATING AND CAPITAL IWROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2001-2002 FOR THE CITY OF MORRO BAY 03-11-02 18-02 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY 03-11-02 19-02 RESOLUTION ANNOUNCING FINDINGS AND DENYING SILVER CITY MOBILE MANOR'S REQUEST FOR RENT INCREASE 03-11-02 ® 20-02 RESOLUTION ANNOUNCING FINDINGS IN OPPOSITION TO THE CALIFORNIA ENERGY COMMISSION'S DRAFT POWER PLANT COOLING OPTIONS REPORT FOR THE MORRO BAY POWER PLANT PROJECT 03-11-02 21-02 RESOLUTION ADOPTING THE CITY OF MORRO BAY CAPITAL ASSETS POLICY 03-25-02 22-02 RESOLUTION AUTHORIZING THE CITY OF MORRO BAY TO ACCESS STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES 04-08-02 23-02 RESOLUTION HONORING NEW YORK FIRE FIGHTERS ADOPTING FDNY ENGINE 16 AND LADDER 7 AS SISTER FIRE COMPANIES O4-08-02 Ll RESOLUTIONS 2002 NO. TITLE ADOPTED 09-02 RESOLUTION APPROVING AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT._ CONSENT, AND AGREEMENT LEASE SITE 89/89W LOCATED AT 845 EMBARCADERO 02-11-02 10-02 RESOLUTION ALLOCATING FUNDS FROM EQUILON STIPULATED AGREEMENT FOR INTERIM WATER SOURCES 02-11-02 I1-02 RESOLUTION APPROVING A LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W LOCATED AT 725 EMBARCADERO ® (ROSE'S LANDING) 02-11-02 12-02 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE ONE WHEELCHAIR ACCESSIBLE TROLLEY AND ONE NEW REPLACEMENT COMPUTER 02-25-02 13-02 RESOLUTION APPROVING A SIX-MONTH EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS 02-25-02 14-02 RESOLUTION PROHIBITING ON -STREET PARKING ON THE EAST SIDE OF MAIN STREET FROM ELENA STREET SOUTH TO PICO STREET 02-25-02 15-02 RESOLUTION PROHIBITING ON -STREET PARKING ON PORTIONS OF QUINTANA ROAD BETWEEN MAIN STREET AND MORRO BAY BOULEVARD 02-25-02 16-02 RESOLUTION EXTENDING AND AMENDING THE LEASE OF THE PUBLIC SERVICES BUILDING LOCATED AT 590 MORRO BAY BOULEVARD 02-25-02 RESOLUTIONS 2002 NO. TITLE ADOPTED 01-02 RESOLUTION IN SUPPORT OF PROPOSITION 42 - THE TRANSPORTATION CONGESTION IMPROVEMENT ACT 01-14-02 02-02 RESOLUTION APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 30-33W FROM THE MORRO BAY FUEL DOCK, INC. 01-14-02 03-02 RESOLUTION ADOPTING THE CITY RECORDS RETENTION SCHEDULE 01-28-02 04-02 RESOLUTION IN SUPPORT OF PROPOSITION 40 CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT 01-28-02 1. 05-02 RESOLUTION ADOPTING THE CITY'S INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-28-02 06-02 RESOLUTION APPROVING THE COMMERCIAL PROPERTY PURCHASE AGREEMENT AND REAL ESTATE COUNTER-OFFER AND SALE AGREEMENT FOR CITY OWNED PROPERTY LOCATED AT 1055 MORRO AVENUE, MORRO BAY 01-28-02 07-02 RESOLUTION APPROVING AN OPERATING AGREEMENT FOR THE STATE PARK MARINA, WITHIN MORRO BAY STATE PARK BETWEEN THE CITY OF MORRO BAY AND CALIFORNIA STATE PARKS AND RECREATION 01-28-02 08-02 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH MANSON CONSTRUCTION FOR DREDGING OF THE CITY MOORING AREA, AND AUTHORIZING FUNDING FROM THE GENERAL FUND TO COMPLETE THE MOORING AREA DREDGING PROJECT 01-28-02 RESOLUTION NO.71-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code provides the City Council may from time to time prescribe by resolution the order in which the business of their meetings shall be taken up; and WHEREAS, it is necessary and prudent to establish certain procedural rules for the efficient, effective and orderly conduct of the business of the City during meetings of the City Council; and WHEREAS, the City Council adopted the order of business by Resolution 46-02, which was thereby incorporated into the Council Policies and Procedures adopted by the City Council on August 12, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: Order of Business The order of business of the City Council shall remain as prescribed in Resolution No. 46-02 and the Council Policies and Procedures with amendment to Section 1.2.7.2 wherein "Invocation' shall be listed on the agenda as "Moment of Silence"; and 2. Amendment to Section 1.2.7.4 wherein "Thought for the Day" shall be removed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of December, 2002, on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, M ® ATTEST: YLITTj. BRIDGE BAUER, City Clerk El RESOLUTION NO. 70-02 A RESOLUTION APPROVING THE FINAL AIAP FOR TRACT 2285 Including: the abandonment of approximately 0.30 acre along the Tract's Morro Avenue and Olive Street frontages; accepting the offer of dedication of approximately 1.55 acres of land bounded by the Embarcadero, Morro, Olive and South Streets; and accepting the offer of easement dedication for Cite utilities and a fire lane on Morro Cove Road. TRACT 2285, MORRO COVE, BEING A SUBDIVISION OF BLOCK "A" OF THE CERRITO ADDITION AND PORTIONS OF OLIVE STREET, MORRO AVENUE AND THE FRACTIONAL J.C. STOCKING LOT (3 MB 34) IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, CALIFORNIA. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 22, 2002 the City Planning Commission approved the Tentative Map, Conditional Use Permit and Coastal Development Permit for Tract 2285; and WHEREAS, said approval allows for 30 residential lots ; and ® WHEREAS, said map offers a dedication of approximately 1.55 acres of land bounded by the Embarcadero, Morro, Olive and South Streets to the City and an offer of easements in Morro Cove Road for a fire lane and City utilities and the payment of applicable mitigation fees; and WHEREAS, said map offers an abandonment of approximately 0.30 acre of land from the City; Mom, WHEREAS, the City of Morro Bay and Subdivision Map Act requirements necessary prior to recordation of the final map have been met. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does approve on behalf of the public Tract Map 2285 the public improvement plans, and the offers of dedication and abandonment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting there of held on the 9' day of December, 2002 by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None ABSTAIN:. None WILLIAM YA ® ATTEST: / BRIDGETT UER, City Clerk l 1 Y7 b€fig :k°gga3 I Cr emop ka--'<- `z U° oia gi�'o Wz`€;<3 tt <'o - - ' w oYo=g-b �L1 � as y 'o 8Ia�sois;mk°o"zas Q k f afv 0Ew` 000 LLLL110o88i 9,2'<is=<- FQb¢o��.og<"� : W YsgWks 8W ~ ��YW'j` ro W w€ ¢`=B€G$W (OQOog� g akW Z go CH : 0aWW;eko No'°= nim k z �n"=_o�<" S5 D g ° o w dip z ~iE LO 4�� G W 8 4 11111 oon 0 S N }w o�� CJ CM wZ, m` s Z w~ a k f �kg d Sg S"ofi" - kC �\ otn0UW. sk o LL Mli NSm¢woLLowr ZJVl t33m5 Mnn Cam0. g=jb �Wu O48g z" $ 8'=' LZnyet i=i Z z8 -_zz C3 QNimbi, r � a a tJK ^0� Y ZO t wd Z 0 — S uj olo- W"'> a `ate° '" ^`3 e¢88::€keg oa=�HE mg __ >�i8 g': W63o 998S W �_ 85 . o: " E b g- W ^¢ mo Ygd€�wgi d m j i —56 WE - fA W ads5 �jg� ' LEE Y.a Y6�; g«�� 0 11 1 , ¢ r 1 I I I O Vzn t o O JN o Eo G.+•+�wpo m W ap muW. o M 4�wn U z oinio p Oa8 N <-ten p� sae i a o a N ro< �� a= `gW m oafs o �wi mzw"z ro Ycea 6� W a Q Y U o000 ww00 Q Q o 4oYI Ig Y" - =c�'�WI e`er ��i6k i boil �`.ro SM- 1 I I I MH al Iry I 8' I I I I I I I I 1 I I I n ,CZ'fiHC M.ZC..LOON t _tl M1M] N_.6S 9l. M.ZC.. - _ _�__ iq-JIHS N V V 10 � '" uruxa cw2f 3AOJ" ONNOW LE 101 IC..LMN Y9S 52 Ih_ f _ I I I I L� o_ rc w' - o W o o 'cTW - 3b��om a8 0� •�® O- n s e e z n n a SOUTH STREET _ Nesv_mY Ju.er �NW�2@'26 w� / 5' P. u.E. M6 90E �L01 ]0 N69'a9'O1"E 265 ]6' o 6a.a6 t] JL Ga 4a I }n IRI F,R I.ni EAST 1 EAST '^ .253 z n 1 EAST '0 ea.I "la' • I I 5 e�v� I gl }R nazi 181 m` i. tle I EAST 1 •T----P81B'�----- I 929" o'yW i Fo?�}H Im n' �6 6ioi W I RI O IR • E ISi I EAST "26 3. 929' row uiu ? 52� I. 7 -EaSi - r EAST I 2253" I" I '< o0 1 ell 0 oa n 1 1 3 a gl ^III 11 _ u; 22? A 'o Ugm .$ q 04 0� NO I �-� - I EAST 1 puz L EAST 87,60 I e153' - I I P'- 0- ml --EAST '� �I EAST 7 9152__ 1 13115' ]]. M 5' P.M.P. I N I I � I Im EAST .I ]9 50' I JEAST kl 7 \I 1-- I I I 1 n J n m ^ I Eesi ' 1 I I I I � F-R kw ml nF Ea51 \, I � � W N 1 I EAST a0- 7 EAST gl u 9 I ]9.50 I 3•' I �Je I I 'R—'°°' 4 ' '.Si +p+'. \\ $I I ay w ps f.51 I I iR I 1 _J950 1 I f I I Ensi 1 745Z79.52' i' �L_ _ 79.50_-___f 5].5]' 3 E -62.+ 1 N ]T oil - j I1 $ 4s PU Ea51 E. MiSi '212 08' I I Oi II 1 190.4( _ 15131 EAST 670.09' u OLIVE STREET N i�/ Oz8 Oa= was I L Q c5 Yzq kPL�`r 5 m O 1 z I I o Q I Et Uz to Lo o W V4FE m ED \r ypa d' w 00 �JLLwoo L m Z> Z x 0 V < ��y'l tnaminU -" uio15IQ S mom WIOO�Uw Ifir. CCCe'11111ima0 y� Q O U O Z O a ul m 2 1 I ^ m 00„ - �1 O z., W a O & s Q V`n - s - SOUSTR TI I EETT �. I< �I Im 1 �I 14m I � a ^ / g ® RESOLUTION NO.67-02 RESOLUTION SUPPORTING THE ALLOCATION OF PROPOSITION 50 SLO COUNTY FUNDS the City Council, City of Morro Bay, California WHEREAS, the California electorate approved Proposition 50 on November 5, 2002; WHEREAS, Proposition 50 includes a set aside of $525 million for allocation amongst specified Counties including $15 Million for the County of San Luis Obispo; WHEREAS, representatives from twenty five local entities have proposed to allocate this $15 million set aside to meet the water, wastewater, drainage and open space needs of San Luis Obispo County as detailed in the attached worksheet; WHEREAS, the City of Morro Bay concurs with the proposed allocation and wishes to encourage the California Legislature to award the $15 million San Luis Obispo County set aside for as proposed. NOW, THEREFORE BE IT RESOLVED that the Morro Bay City Council approves the following actions: ® 1. Supports allocation of the $15 million SLO County Set Aside as detailed on the attached worksheet. Respectfully requests that Assembly MemberAbel Maldonado and Senator Bruce McPherson work to secure the specific line items appropriation of the $15 million SLO County Set Aside as detailed on the attached worksheet. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9' day of December, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: El Elliott, Peirce, Peters, Winholtz, Yates None None None SAN LUIS OBISPO PROPOSITION 50 FUNDING LIST A ] AGENCY I PROJECT AMOUNT Los Osos CSD Los Osos Wastewater Project I $2,700,000 LIST A SUBTOTALS $2,700,000 LIST B I AGENCY PROJECT I AMOUNT American Land Conservancy (Molinari Ranch Acquisition $300,000 City of Arroyo Grande RResevoir No. 1 Replacement Project $300,000 City of Atascadero IAtascadero Lake Water Quality ] $300,000 Avila Beach CSD (Water System Master Plan & System Rehabilitation I S300,000 Cambria CSD (Molinari Ranch Open Space & Watershed Protection Project I $300,000 Cayucos Sanitary District I Pump Station No. 2 Relocation/Force Main Replacement I S300,000 Central Coast Salmon Enhancement (Tally Ho Creek Restoration Project I $300,000 Coastal San Luis RCD (Los Berros Creek Flood Plain Restoration Project I 5300,000 City of Grover Beach lGroundwater Infiltration I $300,000 Heritage Ranch CSD (Alternative Water Supply Projects (s) I $300,000 Los Osos CSD (Los Osos Wastewater Project fogramauc Funomg for the Reurement or Deve7opmentarFotenuaron Remaining Privately Held Undeveloped Natural Shoreline Within Morro Bay Estuary I $300,000 Morro Estuary Greenbelt Alliance 5300,000 City of Morro Bay DeSaI Energy Recovery $300,000 Nipomo CSD I InnerTie w/Santa Maria I $300,000 City of Paso Robles (Alternative Disposal of Wastewater Discharge $300,000 City of Pismo Beach (Wastewater Treatment Plant Flood Protection I 5300,000 Port San Luis Harbor District (Storm Water Pollution and Flood Control Project $300,000 San Miguel CSD (Water Systems Rehabilitation ] $300,000 San Simeon CSD RRecycled Water Project I $300,000 City of San Luis Obispo IMid Higuera Bypass Channel I 5300,000 SLO Co Flood Control & Water Cons District IDisenfection/Disenfectants By Products Rule Compliance I $300,000 ,52 SLO County Sanitaiton District (Water Recycling Project I $300,000 IFParks, Open Space and Trails Found (Santa Lucia Wilderness Expansion I $300,000 Templeton CSD ]Wastewater Disposal System/Silva Water Well Replacement I $300,000 Templeton USD (Wastewater Disposal System-Meadowbrook WWTP I $300,000 LIST B SUBTOTALI $7,500,000 LIST A+ B SUBTOTALI $10,200,000 ] LIST C I AGENCY ] PROJECT AMOUNT San Simeon CSD (Water Master Plan and Water Tank Replacement I $150,000 San Simeon CSD ICorrect Water System Deficiencies I $200,000 City of Pismo Beach (Wastewater Treatment Plant Flood Protection I $600,000 City of Arroyo Grande I Resevoir No. 1 Replacement Project $900,000 SLO Co Flood Control & Water Cons District IDisenfection/Disenfectants By Products Rule Compliance I $700,000 Cayucos Sanitary District I Pump Station No. 2 Relocation/Force Main Replacement I $400,000 So SLO County Sanitaiton District (Water Recycling Project I $100,000 City of Atascadero ]Atascadero Lake Water Quality $250,000 Templeton CSD ]Water Storage and Pressure System Upgrade I $1,000,000 City of Paso Robles ISWMP I $300,000 Port San Luis Harbor District (Storm Water Pollution and Flood Control Project ( $200,000 I LIST C SUBTOTALI $4,800,000 I LIST A, B, C, SUBTOTALI $15,000,000 LIST D I AGENCY I PROJECT I AMOUNT American Land Conservancy (Molinari Ranch Acquisition i $200,000 Cambria CSD (Molinari Ranch Open Space & Watershed Protection Project 1 $600,000 "v of San Luis Obispo ]Ahearn Property Acquisition I 5400,000 of San Luis Obispo (Modify Parks and Playgrounds to Use Recycled Water I $300,000 City of San Luis Obispo ]Water Efficient Washing Machine Rebate Program $50,000 City of Morro Bay I DeSaI Energy Recovery I $100,000 Nipomo CSD IlnnerTie w/Santa Maria $1,350,000 LIST D SUBTOTALI $3,000,000 I LIST A, B, C, D GRAND TOTALI $18,000,000 ® RESOLUTION NO.66-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE SPOT PRAWN FISHERY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay is home port to 14 spot prawn fishing vessels, comprising over 50-percent of the total active California fleet; and WHEREAS, the spot prawn fishery produces $14-million annually in landings, of which a substantial percentage is landed in Morro Bay; and . WHEREAS, the California Fish and Game closed the fishery suddenly August 28, 2002; and WHEREAS, the spot prawn fishermen were awarded an injunction on Constitutional grounds in October 2002, causing the re -opening of the fishery; and WHEREAS, the closure caused the loss of six, highly productive fishing weeks: ® and WHEREAS, the California Fish & Game Commission is meeting in Monterey, December 6, 2002, to decide the future fate of the fishery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that hereby voices its unequivocal, unwavering support for the spot prawn fishery and fishermen, and strongly urges the California Fish & Game Commission to make no changes to the existing spot prawn seasons and regulations with the exception of a requirement for fish -excluder devices. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 3rd day of December, 2002, on the following vote: AYES: Yates, Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: None WILLIAM YATES, ATTEST: 40 BkIDGEMAUER,-City Clerk ® RESOLUTION NO.65-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 5TH DAY OF NOVEMBER, 2002; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 5, 2002 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and ® WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 5, 2002, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: • A Mayor of said City for the full term of two years; • Two members of the City Council of said City for the full terms of four years. u ® Resolution No. 65-02 Page Two 3. That the names of the persons voted for at said election for the Mayor are as follows: Don Boatman William Yates 4. That the names of the persons voted for at said election for Council Member of said City are as follows: Janice Peters Betty Winholtz Jim Wood Bill Woodson 5. The City Council does declare and determine that: William Yates was elected as Mayor of said City for the full term of two years. ® Janice Peters was re-elected as Council Member of said City for a full term of four years. Betty Winholtz was elected as Council Member of said City for a full term of four years. 6. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. 7. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 8. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. u ® Resolution No. 65-02 Page Three 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 3`d day of December, 2002 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ® D E A SON, Mayor ATTEST: BRIDGETT BAUER, City Clerk u �.J CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 5, 2002 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY STATE OF CALIFORNIA .ss COUNTY OF SAN LUIS OBISPO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 5, 2002, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Mayor and Member of the City Council and that the totals shown for each ® candidate for the office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 20'" day of November, 2002. ALD, County Clerk -Recorder E 1 3 [V N (J [V N N N N N N vl Vl vl V' vl V1 Vl - _ N x x x x z s N N N N N N N N N N N N 3i N 0 Z �> - J > O < V v < T << Y < < �N Y> L E - N N N - - ? U J U O l♦ u C) UD 1 N n R 0 0 0 0 n - v�;nch=i vi r r r n r rr rrr L -vQi �m < t Q vxi-w rri G i } L N N N N r V^ R Q Q R R R Q Q ry nnNnry x Z O L �y - O > - a ,nrr�n� - � Q SJ n ry r R Q o n rR �nr E El u 3 �nmr o oa _vivid d N N N N N N N Z =3 a^ on 1. n x_ _ �_ < C 1-1h Ili— N N N N N N N N n n m � ry r ry r — N ;3 - Irnrr o Died- d e1 t+l N N Nl t'1 Nl o av�o^ a L v N Z �> < Q VI n < N Q P o j P N < < V1 Q J aC oC V' r V ^t < 9 iJ •'1 N r Q < N r < r O V u E M V V^. C O O L N O O v VJ C h r h h h X=L- h h N h N h J r_i N 'vl vl vl vl Vl vl r• �/l V ._. `. � Vl `^. `'. _ r 2! N N v_ Z `0 3 U ® RESOLUTION NO.62-02 RESOLUTION APPROVING A COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR ACQUISITION OF 714 EMBARCADERO AND 781 MARKET AVENUE, MORRO BAY AND INTENTION TO FINANCE THE ACQUISITION The City Council, City of Morro Bay, California WHEREAS, the City, in 1997, invited a RUDAT (Regional/Urban, Design Assistance Team) made up of architects, engineers and design students from Cal Poly to study the area and recommend design concepts to improve the business districts and give the City of Morro Bay a unique identity; and WHEREAS, a key element of the RUDAT Study was for the City to acquire the land at the site of the former Brannigan's Restaurant (781 Market Avenue) and land on the Embarcadero (714 Embarcadero) for a public park/retail complex; and WHEREAS, the real property at 714 Embarcadero and 781 Market Avenue, Morro Bay was designated for acquisition by the City Council in Closed Session Meetings on April 22, 2002 ® and on July 22, 2002, and WHEREAS, the real property at 714 Embarcadero Road and 781 Market Street, Morro Bay has been appraised at over $2,700,000.00; and u WHEREAS, the City of Morro Bay has successful negotiated proposed terms and conditions by which the City can acquire the property at 714 Embarcadero Road and 781 Market Avenue, Morro Bay for the sum of $, 2,700,000.00; and WHEREAS, the Council of the City of Morro Bay has considered the proposed terms and conditions of the Real Estate Auction Purchase Contract attached hereto; and WHEREAS, the Council of the City of Morro Bay finds that the acquisition of the properties is not subject to the California Environmental Quality Act ("CEQA") because: (a) it is not a "project" as defined in CEQA and will not result in either a direct environmental effect or a reasonably foreseeable indirect effect (CEQA guidelines section 15378; (b) the purchase is categorically exempt from CEQA pursuant to section 15326 of CEQA guidelines as a "Class V exemption, in that the project consists of the use of an existing building involving negligible or no expansion of an existing use and (c) even if the purchase were a project as defined in CEQA and not a Class I exemption, it can be seen with certainty that the purchase will have no significant effects on the environment under CEQA guidelines section 15061, subd. (b)(3) because the purchase merely results in a change of ownership. PAGE 1 or 3 ® WHEREAS, the Council of the City of Morro Bay desires to express its current intention to advance moneys (the "Advance") from its General Reserve Fund (the "Fund") to provide interim financing for purchase of the property and to subsequently enter into a Lease/Purchase agreement or other obligation in the currently estimated maximum principal amount of $2,700,000.00, the interest on which will be exempt from federal income taxation (the "Lease or Other Obligation"), and to use proceeds therefrom to reimburse the Advance. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Morro Bay authorizes and directs the City Manager to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Purchase Contract and to execute, on behalf of the City, such additional documents, as may be needed to complete the City's acquisition of the parcels. NOW, BE IT FURTHER RESOLVED that the Council for the City of Morro Bay hereby expresses its current intention to, and authorizes and consents to, the Advance from the General reserve Fund to provide interim financing for the acquisition of the Property, and the subsequent execution of the Lease or Other Obligation in the currently estimated maximum principal amount specified above, and the reimbursement of all or a portion of the Advance from the proceeds of the Lease or Other Obligation; provided, however, that such reimbursement shall ® be evidenced by an allocation made by or on behalf of the District in writing: (a) not later than eighteen (18) months after the later of (i) the date the original expenditure is paid; or (ii) the date the Project is "placed in service" (as that term is defined in Section 1.150-2(c) of the U.S. Treasury Regulations [the "Regulations"]) or abandoned; (b) but in no event more than three (3) years after the original expenditure is paid; and further provided that only the following types of expenditures shall be reimbursed with proceeds of the Lease or Other Obligation: (1) Subsequent Expenditures: all expenditures incurred with respect to the Project on or after the date hereof, plus (II) Prior Expenditures: the following types of expenditures incurred with respect to the Project prior to the date hereof: (A) capital expenditures made no earlier than sixty (60) days prior to the date hereof, plus (B) preliminary expenditures" as described in Section 1.150-2(f)(2) of the Regulations, not in excess of twenty percent (20%) of the aggregate "issue price" (as that term is defined in Section 1.148-1(b) of the Regulations) of the Lease or Other Obligation for architectural, engineering, surveying, soil testing, reimbursement bond issuance, and similar costs that are incurred prior to the commencement of acquisition and/or construction of the Project, other than land acquisition, site preparation, and similar costs incident to commencement of construction; plus (C) the lesser of $100,000 or five percent (5%) of the proceeds of the Lease or Other Obligation. PAGE 2 or 3 ® NOW, BE IT FURTHER RESOLVED, that this Resolution is intended, among other things, to be a declaration of official intent with respect to the City's present, reasonable intention and expectation to proceed with the acquisition of the Property, the execution of the Lease or Other Obligation to finance the same, and the reimbursement with proceeds of the Lease or Other Obligation of the aforementioned expenditures with respect thereto, under the applicable provisions of Section 1.150-2 of the Regulations, but shall not be construed to obligate the City to execute or cause to be executed the Lease or Other Obligation unless the City Council determines, under the particular circumstances then in effect, to proceed with the issuance of the Lease or Other Obligation for the purposes herein expressed. NOW BE IT FURTHER RESOLVED, $2,700,000.00 plus reasonable and customary closing costs from the General Fund Reserve is hereby appropriated for the acquisition of the real property at 714 Embarcadero Road and 781 Market Avenue, Morro Bay California. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 28`s day of October, 2002, by the following vote: AYES: Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ABSTAIN: Anderson l� V VA owm-m-A U -0 WILLIAM PEIRCE, VICE -MAYOR FAGE 3 OF 3 ® RESOLUTION NO. 61-02 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON LAS TUNAS STREET AT KINGS AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersection of Las Tunas Street and Kings Avenue is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety, and welfare to install a stop sign at this intersection; and WHEREAS, California Vehicle Code Section 21354 provides for said installation through the designation of a stop intersection and installation of stop signs at one or more entrances hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that the intersection of Las Tunas Street and Kings Avenue is hereby designated a stop intersection with stop signs installed on the Las Tunas Street entrances hereto. BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of October, 2002, by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: r Anderson, Elliott, Peirce, Peters None Crotzer None 0 TWO • WAY STOP CONTROL PURPOSE The purpose of stop signs is to control the right-of-way assignment at an intersection. Stop signs are placed at entrances to designated through highways or at any inter- section designated by resolution as a stop intersection. In the latter case, these locations are commonly referred to as Intersection Stops. If such a location meets the following warrants, the signs are located on the street carrying the minor, volume of entering traffic. Properly installed stop signs facilitate traffic movement and promote traffic safety. G EN ERAL In order for an intersection to receive consideration for two-way stop control, ® certain factual data must be obtained. These include accident records, visibility conditions, traffic and pedestrian volumes, and unusual conditions such as proxi- mity of schools, fire stations, etc. Points are assigned to each of these warrants. The STOP sign is a useful regulation traffic control device which directs motorists to STOP at all times before proceeding through an intersection. A STOP sign is not a "cure-all" and is not a substitute for other traffic control devices. Many times. the need for a STOP sign can be eliminated if the sight distance is in- creased by removing obstructions. The California Division of Highways has developed the following warrants to deter- mine when a two-way STOP installation may be required. • 2 STOP SIGN WARRANTS Installation of a STOP sign may be warranted: i 1 . On the less important road at its intersection with a main road where application of the nor- mal right of way rule is unduly hazardous as evidenced by accidents susceptible of correction by STOP signs. 2. On a county road or city street at its inter- sections with a state highway. 3. At the intersection of two main highways. The highway traffic to be''stopped depends on ap- proach speeds, volumes, and turning' movements. 4. On a street entering a legally established through highway or street. 5. On a minor street where the safe approach speed to the intersection is less than 10 miles per hour. ® Through a broad range of experience with STOP installations it is recommended that the engineer also consider the following factors: 1 . STOP signs should not be used for speed control . When stop signs are placed for speed control, typically regular warrants are not met. The result are signs that may appear to be useless or a nuisance to drivers who rarely see cross traffic at the stops. Most drivers have the tendency to adjust their driving to fit the situation and may get into the habit of "rolling" through STOP signs or even not seeing them because they see no obvious need. There also may be,a tendency to increase the noise level generated by vehicles by requiring more stopping and acceleration along the route. 2. STOP signs should not be installed at intersections where traffic signals are operating. This avoids the obvious conflict facing a driver making the choice between a STOP sign and a green light indication on the traffic signal. 2 ® 3. Portable or part-time STOP signs should not be used. Drivers consider traffic controls a permanent feature rather than something that may or may not, be there the next time they drive by. Anticipation of roadway characteristics and controls is on important element in developing safe driving habits. Portable or Part-time STOP signs tend to add an unnecessary measure of sur- prise to the driver's image of the route and consequently tends to increase hazard potentials such as would occur when suddenly seeing and stopping for a new stop sign. In addition, portable signs are subject to more frequent vandalism and removal which could result in City liability if an accident should occur. 4. The installation of STOP signs should be avoided where they are unexpected or where approach speeds are high. Adequate sight distance is necessary'to assure that approaching drivers can identify the STOP sign while there is adequate time to stop. Otherwise there could be an accident problem. However, if there is no alternative to a stop sign then an advance STOP AHEAD sign and appropriate pavement markings should be placed ® in conjunction with it.. 5. A STOP sign may be necessary on the approach of a minor street to an unsig- nalized intersection with a route which has a series of signals on it. This provides protection for vehicles traveling along the signalized route. The signal system implies protection along the route, and without it there could be unnecessary conflicts between through traffic and freely flowing cross traffic. 11 E MULTI -WAY STOP SIGNS PURPOSE A fully- justified, properly installed multi -way stop can effectively assign right-of- way, reduce vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the intersection of 'two through -highways, and only as an interim traffic control measure prior to si'gnalization. G EN ERAL The posting of an intersection for four-way stop control should be based on factual data. Included are: Through street conditions, accident records, traffic and pedestrian volumes, and unusual conditions such as proximity of schools, fire stations, etc. ® An intersection controlled by multi -way stop signs requires all approaching traffic to stop. Once stopped, the traffic proceeds by following the normal right-of-way rule. Multi -way stop sign installations result in slower speeds through the intersection, thus reducing the frequency and severity of right-angle. collisions. Studies have shown, however, that if the vehicular volumes on the intersecting streets are low, or traffic from one street is' significantly greater than the traffic on the other street, the effective- ness of the multi -way stop is greatly reduced. The most commonly used multi -way stop is a four-way stop. It works best when traffic volumes on the intersecting roads are about equal. E A four way stop sign installation is a useful traffic control measure when other available means of control are not adequate, although it is not desirable for use at low volume intersections and should not be considered a permanent alternative to a traffic signal installation. When STOP signs are placed on all entering legs of an intersection, each STOP sign may be supplemented by a separate plate mounted below it with the message "3-WAY, "4-WAY", etc. to help clarify right-of-way. The California Division of Highways have developed the following warrants to deter- mine when such an installation may be required. 21 E E WARRANTS FOR MULTI -WAY STOP SIGNS Any one of the following conditions may warrant a Multi -Way STOP sign installation: 1 . Where traffic signals are warranted and the need is urgent, the four-way stop is an interim measure, that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem, as indicated by five (5) or more reported accidents of a; type susceptible of correction by a four-way stop installation in a 12- month period. Types of accidents susceptible of correction include right angle and left turn col- lisions. 3. Minimum volume warrant: a. The total vehicular volume entering the inter- section from all approaches must average at least 500 vehicles per hour for any. eight (8) hours of an average day, and b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight (8) hours with an average delayto minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour. c. When the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. Based on the experience of various agencies in using Multi -Way stops, the'lfollowing generalizations regarding their usage were developed. • Multi -way stops should not be used specifically as an aid to pedestrian crossings. Such installations may totally disregard the. important traffic characteristics of volume, sight distance, speed and geometrics and consequently could actually increase pedestrians hazards. 5 E • Multi -way stops should not be used as a speed 'control measure. When stop signs are placed for speed control, typically regular warrants are not met. The result are signs that may appear to be useless or a nuisance to drivers who rarely see cross traffic at the stops. Most drivers have the tendency to adjust their driving to fit the situation and may get into the habit of "rolling" through STOP signs or even not seeing them because they see no obvious need. There also may be a ten- dency to increase the noise level generated by vehicles by requiring more stopping and acceleration along the route. • Three-way stops at four -legged intersections should be avoided. Persons could mistake such installations for one where all approaches are controlled. Therefore, they might enter the intersection and conflict with a vehicle they thought was supposed to.stop. ® The following data items are necessary to help the engineer decide if the installation of a multi -way STOP sign is warranted at a particular intersection. 1 . Traffic counts on all approaches to the intersection, recorded in at least hourly increments for a 24 hour period. 2. Spot speed survey on all approaches to the intersection. 3. Accident history'of the intersection should be noted on a collision diagram. 4. Pedestrian counts recorded during the 8 heaviest hours of the day. S. Intersection inspection and noting of features such as geometric configuration, locations of obstructions to motorists' views, and the nature of special problems. Although minimum volume warrants are specified by the California Division of High- ways, there are variations in use by other communities. These are illustrated in Table 3 in the Appendix. Past experience and engineering judgment are useful when analyz- ing the warrant data sheets. If a four-way stop is recommended it is highly desirable ® to publicize the details "ough the radio and press. This is especially true when the recommendation involves changing the location of existing STOPS. R El KINGS AVENUE - ALESSANDRO STREET to BALBOA STREET ACCIDENT HISTORY 01/01/1999 thm 06/30/2002 per State Wide Integrated Traffic Report System (SWITRS) 06/19/2002 @ Las Tunas unsafe speed, right-of-way conflict (row) 06/17/2002 @ Balboa row O5/14/2002 @ Las Tunas unsafe speed 04/23/2002 @ Las Tunas row 02/10/2001 @ Alessandro row 12/02/2000 @ Alessandro unsafe speed, row 04/25/2000 @ Balboa unsafe speed, alcohol involved 04/20/2000 @ Balboa unsafe speed, alcohol involved 08/23/1999 @ Las Tunas unsafe speed, row 04/23/1999 @ Balboa ran off road, alcohol involved 02/16/1999 @ Balboa improper turn, inattention EXHIBIT 8 0 yy11�� yqr VICINITY MAP ® RESOLUTION NO.60-02 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON fRONWOOD AVENUE AT ELENA STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersection of Elena Street and Ironwood Avenue is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety, and welfare to install a stop sign at this intersection; and WHEREAS, California Vehicle Code Section 21354 provides for said installation through the designation of a stop intersection and installation of stop signs at one or more entrances hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that the intersection of Ironwood Avenue and Elena Street is hereby designated a stop intersection with stop signs installed on the Ironwood Avenue entrances hereto. BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these restrictions and limitations. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of October, 2002, by the following vote. AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ABSTAIN: None "Irly ANDERSON, MAYOR ATTEST: Rti. Rn� BRIDGETT OkUER, City Clerk u 0 TWO -WAY STOP CONTROL PURPOSE The purpose of stop signs is to control the right-of-way assignment at an intersection. Stop signs are placed at entrances to designated through highways or at any inter- section designated by resolution as a stop intersection. In the latter case, these locations are commonly referred to as Intersection Stops. If such a location meets the following warrants, the signs are located on the street carrying the minor volume of entering traffic. Properly installed stop signs facilitate traffic movement and promote traffic safety. G EN ERAL In order for an intersection to receive consideration for two-way stop control, ® certain factual data must be obtained. These include accident records, visibility conditions, traffic and pedestrian volumes, and unusual conditions such as proxi- mity of schools, fire stations, etc. Points are assigned to each of these warrants. 1 J The STOP sign is a useful regulation traffic control device which directs motorists to STOP at all times before proceeding through on intersection. A STOP sign is not a "cure-all" and is not a substitute for other traffic control devices. Many times the need for a STOP sign can be eliminated if the sight distance is in- creased by removing obstructions. The California Division of Highways has developed the following warrants to deter- mine when a two-way STOP installation may be required. ,Xhib�� 1 E STOP SIGN WARRANTS Installation of a STOP sign may be warranted: On the lei important road at its intersection with a main road where application of the nor- mal right of way rule is unduly hazardous as evidenced by accidents susceptible of correction by STOP signs. 2. On a county road or city street at its inter- sections with a state highway. 3. At the intersection of two main highways. The highway traffic to bedstopped depends on ap- proach speeds, volumes, and turning movements. 4. On a street entering a legally established through highway or street. 5. On a minor street where the safe approach speed to the intersection is less than 10 miles per hour. ®_ Through a broad range of experience with STOP installations it is recommended that the engineer also consider the following factors: 1 . STOP signs should not be used for speed control. When stop signs are placed for speed control, typically regular warrants are not met. The result are signs that may appear to be useless or a nuisance to drivers who.rarely.see cross traffic at the stops. Most drivers have the tendency to adjust their driving to fit the situation and may get into the habit of "rolling" through STOP signs or even not seeing them because they see no obvious need. There also may be a tendency to increase the noise level generated by vehicles by requiring more stopping and acceleration along the route. 2. STOP signs should not be installed at intersections where traffic signals are operating. This avoids the obvious conflict facing a driver making the choice between a STOP sign and a green light indication on the traffic signal. N ® 3. Portable or part-time STOP signs should not be used. Drivers consider traffic control as a permanent feature rather than something that may or may not be there the next time they drive by. Anticipation of roadway characteristics and controls is an important element in developing safe driving habits. Portable or part-time STOP signs tend to add an unnecessary measure of sur,- prise to the driver's image of the route and consequently tends to increase hazard potentials such as would occur when suddenly seeing and stopping for a new stop sign. In addition, portable signs are subject to more frequent vandalism and removal which could result in City liability if an accident should occur. 4. The installation of STOP signs should be avoided where they are unexpected or where approach speeds are high. Adequate sight distance is necessary'to assure 'that approaching drivers can identify the STOP sign while there is adequate time to stop. Otherwise there could be an accident problem. However, if there is no alternative to a stop sign then an advance STOP AHEAD sign and appropriate pavement markings should be placed ® in conjunction with it. 5. A STOP sign may be necessary on the approach of a minor street to an unsig- nalized intersection with a route which has a series of signals on it. This provides protection for vehicles traveling along the signalized route The signal system implies protection along the route, and without it there could be unnecessary conflicts between through traffic and freely flowing cross traffic. 2 0 MULTI- WAY STOP SIGNS PURPOSE A fully -justified, properly installed multi -way stop can effectively assign right-of- way, reduce vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the intersection of two through -highways, and only as an interim traffic control measure prior to signalizotion. G EN ERAL The posting of an intersection for four-way stop control should be based on factual data. Included are: Through street conditions, accident records, traffic and pedestrian volumes, and unusual conditions such as proximity of schools, fire stations, etc. ® An intersection controlled by multi -way stop signs requires all approaching traffic to stop. Once stopped; the traffic proceeds by following the normal right-of-way rule. Multi -way stop sign installations result in slower speeds through the intersection, thus reducing the frequency and severity of right-angle. collisions. Studies have shown, however, that if the vehicular volumes -on the intersecting streets are low, or traffic from one street is significantly greater than the traffic on the other street, the effective- ness of the multi -way stop is greatly reduced. The most commonly used multi -way stop is a four-way stop. It works best when traffic volumes on the intersecting roads are about equal. A four way stop sign installation is a useful traffic control measure when other available means of control are not adequate, although it is not desirable for use at low volume intersections and should not be considered a permanent alternative to a traffic signal installation. When STOP signs are placed on all entering legs of an intersection, each STOP sign may be supplemented by a separate plate mounted below it with the message "3-WAY, "4-WAY", etc. to help clarify right-of-way. The California Division of Highways have developed the following warrants to deter- mine when such an installation may be required. 0 E WARRANTS -FOR MULTI -WAY STOP SIGNS Any one of the following conditions may warrant a Multi -Way STOP sign installation: I . Where traffic signals are warranted and the need is urgent, the four-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem, as indicated by five (5) or more reported accidents of a,type susceptible of correction by a four-way stop installation in a 12- month period. Types of accidents susceptible of correction include right angle and left turn col- lisions. 3. Minimum volume warrant: a. The total vehicular volume entering the inter- section from all approaches must average at least 500 vehicles per hour for any. eight (8) hours of an average day, and b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the some eight .(8) hours with an average delay to minor street vehicular traffic of at least 30 seconds per' vehicle during the maximum hour. c. When the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. — Based on the experience of various agencies in using Multi -Way stops, the following generalizations regarding their usage were developed. • Multi -way stops should not be used specifically as on aid to pedestrian crossings. Such installations may totally disregard the. important traffic characteristics of volume, sight distance, speed and geometrics and consequently could actually increase pedestrians hazards. 5 E • Multi -way stops should not be used as a speed control measure. When stop signs are placed for speed control, typically regular warrants are not met. The result are signs that may appear to be useless or a nuisance to drivers who rarely see cross traffic at the stops. Most drivers have the tendency to adjust their driving to fit the situation and may get into the habit of "'rolling" through STOP signs or even -not seeing them because they see no obvious need. There also may be a ten- dency to increase the noise level generated by vehicles by requiring more stopping and acceleration along the route. • Three-way stops at four -legged intersections should be avoided. Persons could mistake such installations for one where all approaches are controlled. Therefore, they might enter the intersection and conflict with a vehicle they thought was supposed to.stop. ® The following data items are necessary to help the engineer decide if the installation of amulti-way STOP sign is warranted at a particular intersection. 1 . Traffic counts on all approaches to the intersection, recorded in at least hourly increments for a 24.hour period. 2. Spot speed survey on all approaches to the intersection. 3. Accident history of the intersection should be noted on a collision diagram. 4. Pedestrian counts recorded during the 8 heaviest hours of the day. 5. Intersection inspection and noting of features such as geometric configuration, locations of obstructions to motorists' views, and the nature of special problems. Although minimum volume warrants are specified by the California Division of High- ways, there are variations in use by other communities. These are illustrated in Table 3 in the Appendix. Past experience and engineering judgment are useful when analyz- ing the warrant data sheets. If a four-way stop is recommended it is highly desirable ® to publicize the details tl*ough the radio and press. This is especially true when the recommendation involves changing the location of existing STOPS. 0 To the Morro Bay Public Works Department The citizens in the vicinity of Elena and Ironwood would like to have a four (4) way stop sign installed at that intersection. There have been a number of accidents there, but we who live nearby have seen many, many near collisions. Our biggest concern is for the young people and children who ride their bikes and skateboards down the hill on Elena. They are going extremely fast through the intersection and one day there will be a very bad accident. We all know that bikers and skateboarders are the biggest losers when they collide with a vehicle and that is the main reason a stop sign is necessary. Also, the traffic westbound on Elena often times is going very fast and a stop sign would at least slow them down. We ask you to act expeditiously on this matter. Sincerely, The concerned neighbors of Elena and Ironwood NAME ADDRESS PHONE 1) r�,.� 6,56- 77.2 -/058 2) N 9�F1�F"vy e-Q- DSO% 10> 7� 11) e ,� .`i 1�1 12, l .l, Doti,. —���c' ?20wwogY : /4-/5 772--s�/( 13 4 /S 7 7,2— j'o y3 o27STi2aN4✓ouoAv� i1//�. 77,2 3i9S 17 RESOLUTION NO. 59-02 RESOLUTION DESIGNATING AND AUTHORIZING INSTALLATION OF A NO PARKING ZONE ON THE WEST SIDE OF PINEY WAY NORTH OF PACIFIC STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize prohibiting parking on any street within the jurisdiction of the City of Morro Bay; and, WHEREAS, it has been deemed necessary to designate an area on the west side of Piney Way north of Pacific Street as a no parking zone. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that a no parking zone is hereby designated on the west side of Piney Way north of Pacific Street as a no parking zone as shown in the exhibit; and, BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on ® the 28th day of October, 2002, by the following vote. AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ABSTAIN: None G 6--- N, MAYOR ATTEST: A.tt.A.1/ BRIDGETT AUER, City Clerk Pf�rc!:�hf4-� R�srr�icT�oNs r-o2 wTG�l�/Ny Sllj fiT OICTANCC ! URggl�,1 �NTF25ECTlONS C✓'r'O SfIJCf YEfa1CLf S70PP/ G sfgHrofsT.�vcn" VcH:C[.E P ID C16t D) 5= `-j�di �14JGr StegW7 l�LSTC�.x� Z9 D ly D.C!✓E,? of C�h'-57GP.o_U ! CITY S r � (6�cT Pl- Nq J 0 0 11 LL l0v ��l tP>lT 11 l E JIM'S A UTOMOTI VE 899 Piney Way Morro Bay, CA 93442 (805)772-8448 September 11, 2002 City of Morro Bay Public Works Department 595 Harbor Street Morro Bay, CA 93442 Dear Sir: SEP 1 3 2002 City of Morro 88Y public Services Department I am writing this letter to inform you of a concern I have regarding the visibility at the intersection of Pacific and Piney Way. I frequently test-drive cars through that intersection. When there are cars parked close to the northwest corner of the intersection, and I am heading east on Pacific, turning left onto Piney Way, it is almost impossible to see the approaching traffic. I have to pull out into the intersection to see any on- coming cars. Would it be possible to paint a "red zone" on the northwest corner of Piney Way? I feel this would be a small price to pay to deter the possibility of an unfortunate accident. Thank you for attention to this matter. Sincerely, John Neiswanger Owner RESOLUTION NO.58-02 ® A RESOLUTION AUTHORIZING EXECUTION OF STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT FOR A SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE ONE (1) REPLACEMENT TROLLEY AND ONE (1) REPLACEI IENT COMPUTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay needs to replace its seventeen (17) year old trolley that operates on one of two trolley routes in Morro Bay; and WHEREAS, the City of Morro Bay needs to replace the computer used by the Management Analyst who manages the Morro Bay Dial -A -Ride and trolley services in Morro Bay; and WHEREAS, in July 2002 the City of Morro Bay submitted a grant application to the State of California Department of Transportation for a Section 5311 Capital Assistance Grant for the purchase one (1) replacement trolley and one (1) replacement computer for a total project cost of $122,800; and WHEREAS, the City of Morro Bay was notified in late September 2002 that the grant contract in the amount of S 14,240 for the awarded project to purchase said trolley and computer was ready for execution; and ® WHEREAS, the remaining project cost would be funded by a previously awarded Rural Transit System Grant in the amount of S 108,000 to purchase said trolley and from the City's Transit budget in the amount of S540 for the purchase of said computer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City Manager to execute State of California Department of Transportation Contract No. 642021 for a Section 5311 capital assistance grant for the purchase of one (1) replacement trolley and one (1) replacement computer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of October 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None O GER A DERSON, Mayor ATTEST: , AN -u STATE OF CALIFORNIA STANDARD AGREEMENT APPROVED BY THE CONTRACT NUMBER All ATTORNEYGENERAL 642021 STD. 2 (REV. 5-91) TAXPAYERS FEDERAL EMPWYER IDENTIFICATION NUMBER ,*SGREEMENT, made and entered into this 25 day of September ; 2002 , tate of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Director Department of Transportation hereafter called the State, and CONTRACTOR'S NAME City Of Morro Bay , hereafter called the Contractor WITNFSSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by contractor, amount to be paid Contractor, time for performance or completion, and mrach plans and speczff Texan, Warty) Contractor's application for a capital assistance grant under Section 5311 of the Federal Transit Act, as amended, has been certified to the Federal Transit Administration (FTA) by the California Department of Transportation (hereinafter referred to as STATE) as having met all the statutory and administrative requirements for project approval. The purpose of this agreement is to implement the approved capital grant (hereinafter referred to as the Project). Contractor agrees that the Project will be used to provide public transportation service to a nonurbanized area of the State in accordance with the terms and conditions of this agreement and the Contractor's application for federal assistance which is on file with the Mass Transportation Program and expressly incorporated into and is made apart of this agreement by this reference. ORIGINAL NUED ON 13 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the teverse side hereof constirute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties here to, upon the date first above written STATE OF CALIFORNIA I CONTRACTOR AGENCY CONTRACTOR (if eWtrUm aivdi,id,ot. ,mrvGcthn a corpo m ,Pa,mnapip,e c) Department of Transportation City of Morro Bay By (AUTHORI]ED SIGNATURE) BY (AUTFIORPFn SIGNATURE) PRINTED NAME OF PERSON SIGNING PAINTED NAME AND TITIE OF PERSON SIGNGIN LA KEDA JOHNSON Robert E. Hendrix, Ci Mana er TITLE ADDRESS Chief, Office of Federal Transit Assistance 595 Harbor Street, Morro Bay, CA 93442 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAMIUTEGORY(CODE AND TITIL) FUND TITLE Departmenr of General Services $ 14,240 Transportation P Federal Trust Use Only PRIOR AMOUNT ENCUMBERED FOR (OPTIONAL USE) THIS CONTRACT $ —0— Fed. Cat. No. 20.509 Fed. 80% Local 20% EXEMPT TOTAL AMOUNT ENCUMBERED TO DATE ITEM CHAPTER STATUTE FISCALYII R $ 14,240 1 FROM 2660-101-890 2 379 2002 DEPARTMENT OF GENERAL SERVICES OBJECT OF EXPENDITURE(CODE AND TIRE) 64826 633180 32004 6049 REVIEW Ihemby certify upon my ownp-onalknot aiedgr Char b It dgered Awds T.BA No. B.R. NO. are available for the period and se oftbe ex endirure stared above. ATURE OF ACCOUNTING OFFICER DATE U LOf FfRAC7OR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER State of California STANDARD AGREEMENT STD. 2 (REV 5-91) (REVERSE) 0 The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other persons, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time of in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4': Without the written consent of the State, this agreement is not assignable by Contractor either ® ' I in.whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. E City of Morro Bay Agreement No.642021 Page 3 of 15 1. SCOPE OF SERVICE 8. Contractor agrees to operate the equipment funded and made available through the Project within the service area as described in the Contractors application for federal assistance. 11. EQUIPMENT/PAYMENT 9. For the purpose of carrying out the Project, the following project equipment with description and estimated cost is to be purchased by Contractor pursuant to this agreement: Quantity Item Description Cost 1(One) &1(One) Purchase One Replacement 35 Passenger $14.240.00 Computer Trolley and One Replacement Computer Net Project Cost: $122.800.00 Federal Share*: $14.240.00 *Not to exceed 80Percent of Net Project Cost PROCUREMENT SCHEDULE Conduct Bids/Submit Purchase Orders December 15, 2002 ® "fake Delivery September 15, 2003 Invoice Due To STATE District Office December 1, 2003 Contract Expires December 30, 2003 10. Funds allocated for use on this Project are payable to the Contractor only on a reimbursement basis. Not more often than once a month, the Contractor may submit to STATE signed invoices in triplicate. The request(s) for reimbursement shall certify that the Contractor has received and accepted the equipment and shall be submitted together with copies of the equipment vendor's invoices and the Contractor's purchase orders. The Contractors invoices and the vendor's invoices shall be consistent internally and with the purchase order and include a breakdown of equipment unit costs. sales tax, registration fees; and any other items procured with said purchase orders but not reimbursable under this Project, and any items not subject to sales tax. The latter includes "items and materials when used to modify a vehicle for physically handicapped persons', which are exempt from sales tax under Revenue and Taxation Code Section 6369.4. Upon receipt of these invoices. the State shall reimburse the Contractor up to 80 percent of the total Project cost but not to exceed $14,240. ORIGINAL City of Morro Bay Agreement No.642021 Page 4 of 15 11. The Contractor agrees that it will provide other funds in an amount sufficient, together with this grant, to assure payment of the actual total net Project cost. These other funds to be provided shall include sufficient funds from eligible sources to provide the Project local share in accordance with Subsection (e) of Section 5311 of the Federal Transit Act, unless specified otherwise in this Agreement. 12. No payment will be made for equipment in advance of purchase, but only after execution of this Agreement, submission of the appropriate purchase orders, receipt of all invoices and delivery of equipment. Only purchases of the equipment described in Paragraph 9 of this agreement (and purchases made after the date of this Agreement and after the date of the authorizing resolution of the Contractor's governing board) will be eligible for reimbursement. 13. The obligations of STATE to the Contractor under the terms of this Agreement shall terminate upon receipt of Contractor's invoice(s) for said equipment purchase and payment of the applicable grant funds to Contractor. Project Invoices are due to the STATE -District Office by December 1, 2003. Contract expires on December 30, 2003. If Contractor cannot adhere to the dates set forth in this Agreement, the Contractor should return the unsigned Agreement to the STATE and the Agreement will not be executed. This Agreement may be extended in writing by mutual consent of the parties hereto, on a case -by -case basis, and only where warranted. It is the parties' intention that grant funds be available for expenditure for three fiscal years, commencing with the State fiscal year that this Agreement is entered into. In the event that funds are not appropriated for the ® purpose of this Agreement in an amount sufficient to allow the encumbrance of grant funds in accordance with this paragraph, the parties agree that this Agreement will terminate at the end of the fiscal year for which funds have been encumbered. The obligations of the Contractor under this Agreement shall remain in effect until all Project equipment has been disposed of under the terms of this Agreement. III. CONDITIONS OF PROJECT PERFORMANCE 14. The net Project cost and allowability of individual items of cost shall be determined in conformance with CFR 48, Federal Acquisition Regulations System, Chapter I. Part 31, and other applicable regulations, circulars, or memorandums that may be issued by FTA. 15. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal statue or regulations, the Contractor agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h)(2) by refraining from using any Federal assistance funds awarded by STATE on behalf of the FTA to support procurements using exclusionary or discriminatory specifications. 16. Interest of Members of or Delegates to the United State Congress. In accordance with 41 U.S.C. Section 22, the Contractor agrees that it will not admit any member of or delegate to the United States Congress to any share or part of the Project or any benefit therefrom. ORIGINAL City of Morro Bay Agreement No.642021 Page 5 of 15 ® 17. Debarment and Suspension. The Contractor agrees as follows: a. The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. Section 6101 note: and U.S. DOT regulations on Debarment and Suspension and 49 CPR Part 29. b. Unless otherwise permitted by FTA, the Contractor agrees to refrain from awarding any third party contract of any amount to or entering into any sub -agreement of anv amount with a party included in the "U.S. General Services Administration's (U.S. GSA) List of Parties Excluded from Federal procurement or Non -procurement Program," implementing Executive Order Nos. 12549 and 12689, "Debarment and suspension" and 49 CFR Part 29. The list also includes the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible for contract award under statutory or regulatory authority other than Executive Order Nos. 12549 and 12689. c. Before entering into any sub -agreements with a sub recipient, the Contractor agrees to obtain a debarment and suspension certification from each prospective recipient containing information about the debarment and suspension status and other specific information about the sub recipient and its "principals," as defined at 49 CFR Part 29. ® d. Before entering into any third party contract exceeding $100,000, the Contractor agrees to obtain a debarment and suspension certification from each third party contractor containing information about the debarment and suspension status of that third party contractor and its "principals," as defined at 49 CFR 29.105(p). The Contractor also agrees to require each third party contractor to refrain from awarding any third party sub -contract of any amount (at any tier) to a debarred or suspended sub -contractor, and to obtain a similar certification from any third party subcontractor (at any tier) seeking a contract exceeding $100,000. 18. Procurement Standards. The local procurement of all Project equipment shall be conducted by the Contractor in accordance with the procurement standards set forth in the Federal Office of Management and Budget (OMB) Circular A-102, 49 CFR Part 18 "Uniform Administrative requirements for Grants and Cooperative Contracts to State and Local governments", Circular 4220.1 D "PTA Third Party Contracting Guidelines", FTA C 9040.1E (Section 5311), 49 U.S.C. Section 5311, 49 CFR Part 663 "Pre -Award and Post Delivery audits of Rolling Stock' and the STATE's Local Procurement Handbook. 19. For all procurements of property, supplies, equipment or services under an FTA assisted grant, the Contractor shall prepare a bid package, including equipment and material specifications. At a minimum, the Contractor agrees as follows: a. To comply with the requirements of 49 U.S.C. Section 5323 (])and FTA regulations, ® "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases. " 49 CPR Part 663, and anv revision thereto. ORIGINAL City of Morro Bay Agreement No.642021 Page 6 of 15 ® b. To award a third party contract using a competitive procurement process in compliance with the requirements of 49 U.S.C. Section 5325(b). c. To comply with the requirements of 49 U.S.C. Section 5323 (c) and FTA regulations, 'Bus Testing'. 49 CFR Part 665, and any revision thereto. d. To be consistent with the Project equipment description in Paragraph 8 of this Agreement. c. To state clearly that the final contract award to any bidder requires prior written approval by the STATE. To require each bidder to certify that it has complied with 49 CFR 23.67, which requires each transit vehicle manufacturer to establish annual goals for the participation of disadvantaged business enterprise and to submit those goals to FTA for approval. g. To comply with 49 U.S.C. Section 53230), FTA's Buy America regulations at 49 CFR Part 661 and any amendments thereto, and any implementing guidance issued by FTA, with respect to each third party contract. It. To meet applicable regulations of 49 CFR Part 663 in the purchase of revenue rolling ® stock. i. To comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et. seq. The Contractor agrees to report and require each third party contractor or sub recipient at any tier to report any violation of these requirements resulting from any Project implementation activity of a third party contractor, sub recipient, or itself to FTA and the appropriate U.S. EPA Regional Office. To comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et.seq. The Contractor agrees to report and require each third party contractor and sub recipient at any tier to report any violation of these requirements resulting from any. Project implementation activity of a third party contractor, sub recipient, or itself to FTA and the appropriate U.S. EPA Regional Office. k. To comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 20. Bid Proposal Award and Approval. The Contractor (or procurement agent acting on its behalf) shall solicit and receive competitive bids or proposals, shall evaluate the bids or proposals ® received, and shall select the lowest price bid or proposal meeting Project specifications for award. The Contractor (or procurement agency acting on its behalf) shall forward the following to the STATE at least fourteen (14) days in advance of the proposed date of award: ORIGINAL City of Morro Bay Agreement No.642021 Page 7 of 15 a. A copy of the proposed procurement contract (including the bid package and proposed 0 purchase order). b. A list of all bids, proposals, or price quotations received. c. A copy of the bid or proposal of the proposed awardee and copies of the bids or proposals of all those whose prices are lower than the proposed awardee's. An explanation of the basis for selecting the proposed awardee and for rejecting lower bids (if any). In the case of a single bid, sole source, or negotiated price contract, this shall include a statement by the Contractor that the price is fair and reasonable and the basis for that determination (FTA Circular C 4220.1 D "FTA Third Party Contracting Guidelines'). No award shall be made without the written approval of the STATE. 21. Purchase Order. Upon approval by the STATE of a procurement award, the Contractor (or procurement agent acting on its behalf) may issue a purchase order for the equipment. Each purchase order shall: a. be consistent with the approved bid award; ® b. designate that the Contractor is to be the sole registered owner of any vehicle(s) acquired; is c. include a reference to the STATE contract number assigned this Agreement. 22. The Contractor shall be both the registered and legal owner of all vehicles purchased under this Agreement. 23. While the Project equipment is in the possession or control of the Contractor, the Contractor shall operate or maintain the equipment in accordance with detailed maintenance and inspection schedules provided by the manufacturer, keeping a written log or record of all repairs and maintenance. The STATE and FTA shall have the right to conduct periodic inspections for the purpose of confirming the existence, condition, and proper maintenance of the Project equipment. No alterations (e.g., mechanical changes and painting) may be made to the Project equipment in its as - received condition without first receiving written approval from the STATE. 24. The disposition of all Project equipment shall be made in accordance with FTA's implementing regulations of 49 CFR Part 18. Whenever any Project equipment is withdrawn from the Project for any reason, the Contractor shall immediately notify the STATE. At the option of the STATE, the Contractor shall do one of the following: ORIGINAL City of Morro Bay Agreement No.642021 Page 8 of 15 ® a. Remit to the STATE; for repayment to FTA, a proportional amount of the fair market value of the equipment, which shall be determined on the basis of the ratio of the Federal grant funds paid under this agreement to the actual purchase cost of the equipment. Fair market value shall be deemed to be the value of the vehicle equipment as determined by competent appraisal at the time the equipment is withdrawn from use on the Project or the net proceeds from public sale, whichever is approved by the STATE and FTA. b. Relinquish the equipment to the STATE in the same condition as when received by the Contractor except for reasonable wear and tear resulting from its use. The parties shall thereupon determine the amount of compensation, if any, to be paid by the Contractor to the STATE in order to avoid any STATE liability to FTA or to others. Upon subsequent disposal of the equipment, the STATE shall reimburse the Contractor for its proportional amount of the equipment value received or identified by STATE. IV. INSURANCE AND LIABILITY 25. Contractor shall maintain, throughout the term of this Agreement, adequate protection against liability for damages for personal injury (including death resulting therefrom) and for damage or destruction of property, whether the property of one or more claimants, in amounts not less than the amounts required by the California Public Utilities Commission for passenger stage corporations. ® V. REPORTING AND AUDITING 26. Contractor shall establish and maintain accounting and reporting procedures that conform to generally accepted accounting practices and that conform to uniform standards that may be established by STATE. 27. The Contractor shall be responsible for meeting the audit requirements of OMB Circular A- 133, or any revision or supplement thereto. All required audit reports shall be submitted to the State Controller in conformance with the compliance guidelines issued by the Department of Finance. The cost of audits made in accordance with the provisions of OMB Circular A-133 is allowable charges to the Project to the extent provided by OMB Circular A-L33. 28. Loss or Damage to Project Equipment. The Contractor shall notify the STATE within ten (10) working days of any loss or damage to Project equipment, including, but not limited to loss by accident, fire, vandalism, or theft. ORIGINAL City of Morro Bay Agreement No.642021 Page 9 of 15 ® 29. Contractor and all subcontractors shall maintain all books; documents, papers; accounting records, and other evidence pertaining to the performance of the contract. All parties shall make such materials available at their respective offices at all reasonable times during the performance period and for three years from the date of final payment under the Agreement. 30. The STATE Audits Office. the State Auditor General and any duly authorized representative of the Federal goverment shall have full access to any books, records; and documents of the Contractor and its subcontractors that are pertinent to the Agreement for audits, examinations, and excerpts of transactions; and copies thereof shall be furnished if requested. The Contractor shall include a clause to this effect in every subcontract entered into relative to the Project. 31. The Contractor's accounting system and billing procedures are subject to audit by STATE prior to contract award, and accounting records pertaining to work performed and costs billed to STATE are subject to audit for a period of three years after the date of final payment under the Agreement. If the Contractor fails to retain records, such as employee time cards.. payroll records, travel records, equipment time and cost records, billings from subcontractors, material and equipment suppliers and other records sufficient to permit audit verification of the validity of costs charged to STATE, the Contractor will be liable for reimbursement to STATE of all unsubstantiated billings. 32. Contractor shall furnish STATE with any reports or data that may be required by FTA. ® Such reports and/or data will be submitted on forms provided by STATE. VI. CIVIL RIGHT REQUIREMENTS 33. During the performance of this Agreement, the Contractor, its assignees and successors in interest, agree to comply with all Federal statutes and regulations applicable to grantees under Section 531 1 of the Federal Transit Act, including, but not limited to the following: a. Nondiscrimination — In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. Section 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332. the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color; creed, national origin, sex, or age." In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. b. Equal Employment Opportunity (EEO) applies to the following protected groups: ORIGINAL City of Morro Bay Agreement No.642021 Page 10 of 15 ® 1) Race, Color, Creed, National Origin. Sex — In accordance with Title Vll of the Civil Rights Act, as amended. 42 U.S.C. Section 2000e. and Federal transit laws at 49 U.S.C. Section 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of the U.S. Department of Labor (U.S. DOL) as published in the U.S. DOL Regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. " 41 D.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 1 1375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity;" 42 U.S.C. section 2000e note), and with any other applicable federal statutes, executive orders, regulations, and Federal policies that may, presently or in the future, affect construction activities undertaken in the course of the Project. .2) The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, national origin, or sex. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOL or the FTA ® may issue. 3) Age — In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended. 29 U.S.C. Section 623, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4) Disabilities — In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12112, the Contractor agrees that it will comply with the requirements of U.S. Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to the employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOL or the FTA may issue. c. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 34. The Contractor will cooperate with the STATE with regard to maximum utilization of disadvantaged business enterprises, and shall use its best efforts to ensure that disadvantaged business ® enterprises shall have the maximum opportunity to compete for subcontract work under this Agreement. ORIGINAL City of Morro Bay Agreement No.642021 Page 11 of 15 ® 35. Section 504 and Americans with Disabilities Act Program Requirements. The Contractor will comply with 49 C.F.R. Parts 27, 37 and 38, implementing the Americans with Disabilities Act and Section 504 of the Rehabilitation Act or 1973. 29 U.S.C. Section 794. as amended. 36. If this Agreement is for Project work estimated to cost in excess of $100,000 the following shall apply: a. Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the STATE's Chief. Office of Federal Assistance. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Chief. Office of Federal Assistance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Chief. Office of Federal Assistance shall be binding upon the Contractor and the Contractor shall abide by that decision. b. Unless otherwise directed by the STATE the Contractor shall continue performance ® under this Agreement while matters in dispute are being resolved. c. Unless this Agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the STATE and the Contractor arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree or by suit in a court of competent jurisdiction within California. VII. SPECIAL SECTION 13(c) WARRANTY FOR APPLICATION'' TO THE SMALL URBAN AND RURAL PROGRAM 37. The Contractor accepts the terms and conditions of the "Special Section 13(c) Warranty for Application to the Small Urban and Rural Program," as executed by the Secretary of Labor and the Secretary of Transportation on May 31, 1979, and those terms and conditions are incorporated by reference into this Agreement. VIII. GENERAL PROVISIONS 38. State Law. In the event that an}, provision of this Agreement requires that Contractor observe or comply with or perform any activity in contradiction or violation of State law, Contractor will notify the STATE within 30 days, in writing, of such provision. The remaining Agreement provisions shall not be affected. The unenforceable provision(s) shall be renegotiated by Contractor ® and STATE for mutually agreed appropriate changes and/or modifications; and Contractor shall proceed, as soon as possible, with the Project. ORIGINAL City of Morro Bay Agreement No.642021 Page 12 of 15 ® 39. Use of Public Land. No publicly owned land (such as park or recreational area); wildlife and waterfowl refuge; and historical site of national. State, or local significance as determined by Federal, State or local officials having jurisdiction thereof. may be used for the Project without prior concurrence of the STATE and the Federal Government if such approval is so required by the Federal Government. a. Neither Contractor nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the Project or any property included or planned to be included in the Project, in which any member. officer, or employee of Contractor or the locality, during the Project term or for one year thereafter, has any direct or indirect interest. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of the Project term any such interest, and if such interest is immediately disclosed to Contractor and such disclosure is entered upon the minutes of Contractor's written report to STATE of such interest, Contractor, with the prior approval of STATE, may waive the prohibition contained in this subsection; provided that any such present member, officer or employee shall not participate in any action by Contractor or the locality relating to such contract, subcontract, or arrangement. b. Contractor shall insert in all contracts entered into in connection with the Project or in connection with any property included or planned to be included in any Project, and shall require its subcontractors to insert in each of their subcontracts. the following ® provision: "No member. officer, or employee of the Contractor or of the locality during the Project term or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." c. The provisions of this subsection shall not be applicable to any agreement between Contractor and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 40. Contractor warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining any approval of its application for the contract funds committed hereunder. a. The Contractor agrees that it will not use Federal assistance funds to support lobbying. In accordance with 31 U.S.C. and U.S. DOT Regulations, "New Restrictions on Lobbying." 49 C.F.R. Part 20, if the Contractor's estimated Project cost exceeds $100,000, FTA WILL NOT MAKE ANY Federal assistance available to the Contractor until FTA has received the Contractors certification that the Contractor has not and will not use Federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal grant, cooperative agreement or any ® other Federal award from which funding for the Project is originally derived; consistent with 31 U.S.C. Section 1352. and: ORIGINAL City of Morro Bay Agreement No.642021 Paoe 13 of 15 ® b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal funded Agreement. the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with forms instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) which exceed $100,000 and that all sub recipients shall certiA, and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Agreement was entered into.. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. . 41. Drug -Free Workplace. The Contractor certifies by signing this Agreement that it will provide a drug -free workplace, and shall establish policy prohibiting activities involving controlled substances in compliance with Government code Section 8355, et seq. The Contractor is required ® to include the language of this certification in award documents for all sub -awards at all tiers (including subcontracts, contracts under grants, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. To the extent the Contractor, any third part contractor at tier, any sub recipient at any tier, or their employees, perform a safety sensitive function under the Project, the Contractor agrees to comply with, and assure the compliance of each affected third party contractor any tier, each affected sub recipient at any tier, and their employees with 49 U.S.C. Section 5331. and FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655. 42. Charter Service Operations. The Contractor agrees to comply with 49 U.S.C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and sub recipients of FTA assistance are prohibited from providing charter service'using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 43. School Bus Operations. Pursuant to 69 U.S.C., Section 5323(f) and 49, CFR Part 605, recipients and sub recipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and sub recipients may not use federally funded equipment, vehicles, or facilities. nDIGINAL 11 City of Morro Bay Agreement No.642021 Page 14 of 15 IX. PROJECT TERMINATION 44. The STATE may terminate acquisition or operation of the Project equipment upon finding that the Contractor is not operating the equipment in accordance with Paragraph 8 or is otherwise not complying with the terms of this Agreement. Termination shall be by written notice specifying the reason for termination and giving the Contractor thirty (30) days to correct that default. The STATE shall be the sole judge as to whether the Contractor's corrective measures are adequate. 45. The Project may also be terminated if the STATE and the Contractor agree that its continuation would not produce beneficial results commensurate with the further expenditure of funds or if there are inadequate funds to operate the Project equipment or otherwise complete the Project. 46. Should the Project be terminated as provided in Paragraphs 38 or 39, disposition of the Project equipment shall be made as directed by the STATE in accordance with Paragraph 21. X. TITLE VI (NONDISCRIMINATION IN FEDERALLY -ASSISTED PROGRAMS OF THE DEPARTMENT OF TRANSPORTATION TITLE 49CFR PART 21 - EFFECTUATION OF THE 1964 CIVIL RIGHTS ACT ® 47. During the performance of this Agreement, the Contractor. for itself, its assignees and successors in interest (hereinafter collectively referred tows the "Contractor") agrees as follows: E Compliance with Regulations: The Contractor shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall. on the basis of race, color, national origin, religion, sex, age, or disability, be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract term shall act in accordance with Title Vl. Specifically, the Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the contract covers a program whose goal is employment. ORIGINAL City of Morro Bay Agreement No.642021 Page 15 of 15 ® 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports: The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the STATE or the FTA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the . STATE or the FTA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the STATE shall impose such contract sanctions as it or the F1'A may determine to be appropriate, including, but not limited to: ® a. Withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or 1 b. Cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of these paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor will take such action with respect to any subcontractor or procurement as the STATE or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance-, provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the STATE to enter into such litigation to protect the interest of the STATE. and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. ORIGINAL ® CITY COUNCIL RESOLUTION NO.57-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY POLICY FOR AUTHORIZED GRANT AND SPECIALLY FUNDED POSITIONS WHEREAS, The CityCouncil ofthe City of Morro Bay desires to establish financial management policies which provide for the financial well-being of the City; and WHEREAS, the City Council finds that it is in the best interests of the City to establish a policy governing the temporary employment of full time employees in grant or specially funded positions; and WHEREAS, the City Council finds that is a prudent business practice to recognize that the City may need a mechanism for expanding and contracting the City workforce in response to temporary funding sources; and WHEREAS, the City Council finds that an appropriate mechanism for expanding and contracting the City workforce is by use of positions designated as grant or specially funded positions, when appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Policy For Authorized Grant or Specially Funded Positions, attached hereto, is adopted and that the City Manager is hereby authorized and directed to carry out this policy, on behalf of the City Council. C� PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of October, 2002, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None R G R ANDERSON, ayor BRIDGE AUER City Clerk E City Council of Morro Bay Policy For Grant of Specially Funded Positions ® City Council of the City of Morro Bay Policy For Authorized Grant or Specially Funded Positions PURPOSE The purpose of a Policy For Authorized Grant or Specially Funded Positions is to ensure adequate control and appropriate practices in employing staff in authorized temporarily funded positions. The policy is intended to define grant or specially funded positions and to establish guidelines for their budgeting, use, replacement, transferring and termination. POLICY It is the policy of the City Council of Morro Bay that all full-time positions in the employ of the City shall be authorized by action of the City Council. The City Council shall act by Resolution to authorize the addition of any and all full-time positions of the City of Morro Bay. Positions can be added or deleted during the annual budget process or by separate City Council Resolution. The City Council's review or approval of a salary schedule or a job description does not constitute authorizing of a position. The City Council must specifically resolve to authorize additional full time positions in the City's ® workforce. It is the policy of the City Council of the City of Morro Bay that grant or specially funded positions are authorized for the life of their funding only. When grant or special funding ceases for a full-time position, the incumbent in a grant or specially funded position will be separated from employment and the position is no longer to be considered an authorized position. DEFINITION OF A GRANT OR SPECIALLY FUNDED POSITION The term "grant or specially funded position," as used herein, refers to full time positions in the service of the City that are authorized because special funding permits the addition of staffing above the otherwise authorized number of positions in the City's employ. USE OF GRANT OR SPECIALLY FUNDED POSITION With the approval of the City Council, the City Manager, or his/her designee, may hire an individual using identified special (or grant) funding. That position shall be authorized and in place for the duration of the special funding and automatically becomes unauthorized when funding ceases. Employees hired into these positions shall have the nature of their position funding disclosed to them and they shall be hired under an employment contract extending for a period of no more than one calendar year, assuming ® adequate funding. Personnel Action Forms and other related documents shall carry the designation of "Grant or Specially Funded Position." City Council of Morro Bay Policy For Grant of Specially Funded Positions ® BUDGETING FOR GRANT OR SPECIALLY FUNDED POSITIONS All positions subject to this policy shall be shown in the budget with the designation "Grant or Specially Funded Position." The funding source shall be identified within the budget document. REPLACEMENT In the event that an incumbent in a position subject to this policy vacates the position due to promotion, resignation or some other reason, the position can be re -filled for the remaining life of the special funding. TRANSFER If the grant or specially funded position is transferred from one department or division to another, the requirements of this policy will remain in effect in the receiving department or division. TERMINATION Grant or specially funded Positions must be terminated when grant or special funding ® ceases. ® RESOLUTION NO.56-02 APPROVAL OF A NEW 30 YEAR LEASE AGREEMENT WITH THE MORRO BAY YACHT CLUB FOR LEASE SITE 57-61/57W-61W LOCATED AT 541 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 57-61/57W-61 W; and, WHEREAS, the Morro Bay Yacht Club is the current lessee of said property and has acted as the City's host for visiting vessels for almost 30 years; and, WHEREAS, the City of Mono Bay and.the Morro Bay Yacht Club have negotiated a new 30 year lease for Lease Site 57-61/57W-61 W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay that the 30 year lease agreement for Lease Site 57-61/57W-61 W between the City of Mono ® Bay and the Mono Bay Yacht Club is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the' lease agreement for Lease Site 57-61/57W-61 W. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 23rd day of September 2002, by the following vote: AYES: Anderson, Crotzer, Elliott, Peters NOES: None ABSENT: None ABSTAIN: Peirce r 7�, . AND�RSON,MAYOR ® RESOLUTION NO.55-02 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code 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 confidential employees; and WHEREAS, the meeting between the confidential employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the confidential unit 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 confidential employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 23rd day of September, 2002 by the following vote: AYES: Anderson, Peirce, Peters NOES: Crotzer, Elliott ABSENT: None ATTEST: 11 ® RESOLUTION NO. 54-02 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code 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 management employees; and WHEREAS, the meeting between the management employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the management unit 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 management employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 23`d day of September, 2002 by the following vote: AYES: Anderson, Peirce, Peters NOES: Crotzer, Elliott ABSENT: None D AND RSON_. Mayor ATTEST: R E C� J C RESOLUTION NO.53-02 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 William H. Omdorff on January 24, 2002; and WHEREAS, Mr. Omdorff is currently a retiree with the Public Employees Retirement System (PERS); and WHEREAS, PERS regulations allow retirees to work only 960 hours per calendar year without re-entering the retirement system; and WHEREAS, the City's efforts to recruit an individual as a Public Services Director has not been accomplished despite an extensive recruitment; and WHEREAS, City desires to employ Mr. Orndorff beyond the 960 hours in order to continue managing the Public Services Department; 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 William H. Orndorff. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23`d day of September, 2002on the following vote: AYES: NOES: ABSENT ATTEST: Anderson, Crotzer, Elliott, Peirce, P-*�- None None 3kUER, Cit y -Clerk ® RESOLUTION NO.52-02 APPROVAL OF AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT, CONSENT, AND AGREEMENT LEASE SITE 82-85/82W-85W LOCATED AT 725 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the Lessor of property known as Lease Site 82-85/82W-85W located at 725 Embarcadero; and, WHEREAS, Doug Redican/725 Embarcadero LLC, is the lessee of said property; and, WHEREAS, Mr. Redican is obtaining construction loan financing to make improvements on said property; and, WHEREAS, Mid -State Bank, Mr. Redican's lender, is requesting approval of an agreemnt to provide them certain rights under the lease agreement; and, WHEREAS, the City Attorney has reviewed and approved the attached agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro ® Bay that the Agreement Regarding Deed of Trust: Lessor's Acknowledgement, Consent and Agreement for Lease site 82-85/82W-85W is hereby approved and that the Vice -Mayor is hereby authorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9`h day of September 2002, by the following vote: AYES: Crotzer, Peirce, Peters NOES: None ABSENT: Elliott ABSTAIN: Anderson WILLI PEIRCE, VICE -MAYOR Wag! I AGREEMENT REGARDPi iG DEED OF TRUST.• ® LESSOR'S ACKI IOWLEDGEMENT, CONSENT. AND AGREEMENT THIS AGREEMENT is entered into this _ day of , 2002, by and between the City of Morro Bay ("Lessor"); 725 Embarcadero LLC, A California Limited Liability Company ("Lessee") and Mid -State Bank & Trust ("Lender") RECITALS 1 A. Lessor and Lessee have, prior to these presents, entered into a forty (40) year lease agreement effective March 1, 2002, as further described and incorporated in that certain Memorandum of Lease recorded on May 3, 2002 as Document No. 2002037299 in the Official Records of San Luis Obispo County, California (hereinafter the "Lease") with respect to real ® property commonly known as Lease Site 82 - 85/82W - 85W (the "Leased Premises"). B. Under the provisions of Section 5:01 of the Lease, Lessee has the right to encumber the leasehold by deed of trust or mortgage, without the consent of the City, upon the terms and conditions more particularly set forth in the Lease, and subject to Lessee's obligation to provide the city with prior notice of the encumbrance, Lessee intends to encumber the leasehold under deed of trust in favor of Lender, a true and correct copy of which is attached hereto as Exhibit "A" and by this reference is hereby incorporated (the "Deed of Trust") C. Lender is willing to lend funds to Lessee, and secure the same by the Deed of Trust, subject to the existing terms of the Lease, and under the additional terms and conditions herein set forth. Lender requires that the obligations of the parties with respect to various matters contained within the Lease pertaining to by way of example and not limitation, notices, defaults, redemption rights and cures, be more particularly described, modified, and defined to avoid ambiguities, is misunderstandings and potential future conflicts between the parties. THEREFORE, THE PARTIES AND EACH OF THEM, AGREE AS FOLLOWS: 1. No Encumbering of the Fee: Lender agrees and acknowledges that the Deed of Trust in favor of Lender as executed by Lessee, shall encumber only the leasehold, and shall not be deemed an encumbrance on the City's fee interest in the leasehold premises. 2. Notice to Lender: For purposes of notice to the Lender under paragraph 5.02 of the Lease, Lender's address shall be as follows: Mid -State Bank &.Trust 2276 Broad Street San Luis Obispo, California 93401 Attention: Corporate Banking Department Re: Loan #94- Lender may, from time to time, change the foregoing address for receiving notice under Paragraph 5.02 of the Lease, by delivering written notice of such change of address to the Lessor as provided at paragraph 12.02 of the Lease. 3. Request for Notice: Immediately after the recording of the Deed of Trust pursuant to this agreement, containing a power of sale as defined by California law, Lessee shall, at Lessee's own cost and expense, record, in the official records of the office of the County Recorder of San Luis Obispo, California, a written request, executed and acknowledged by Lessor, for a copy of any notice of default and a copy of any notice of sale under the Deed of Trust to be mailed to Lessor at 2 the address specified at section 12.02 of the Lease, or as said address may hereafter be chanced by ® Lessor in accordance with said paragraph of the Lease. 4. Notice Reouirements: Notwithstanding the provisions of paragraph 5.02 of the Lease, Lessor shall mail to Lender, a duplicate copy of any and all notices which Lessor may, from time to time, give to or serve on Lessee pursuant to or relating to the Lease and Lessor shall undertake other actions required hereunder by Lender in regard to Lessee, the Leased Premises, or the Lease. Lessee shall at all times keep Lessor informed in writing of the mailing address of Lender and any changes in Lender's mailing address which become known to Lessee. Any notices or other communications permitted or required by this agreement, or the Lease, or by law, to be served on or given to Lender by Lessor shall be deemed duly served on or given to Lender when deposited in the United States mail, first-class postage prepaid, addressed to Lender at the last mailing address for Lender furnished in writing to Lessor by Lessee or Lender. ® 5. No Modification of Lease: Lessee and Lessor hereby expressly stipulate and agree that they will not hereafter modify the Lease in any way nor cancel the Lease by mutual agreement without first obtaining the written consent of Lender during the term and existence of the Deed of Trust. The parties recognize and agree that Lessors' execution of this agreement shall be based upon the prior approval of the City Council for the City of Morro Bay, and that to the extent that this agreement is deemed a modification of the Lease, that the execution of this agreement by the Lessor shall be deemed to be in complete compliance with paragraph 12.07 of the Lease.. 6. Lender's Authority to Perform: Lender shall have the right at any time during the term of the Lease and the term and existence of the Deed of Trust: (1) Do any act or thing required of Lessee under the Lease, and any such act t or thing done and performed by Lender shall be as effective to prevent a forfeiture of Lessee's rights under this Lease as if done by Lessee itself, C (2) Realize on the security afforded by the leasehold estate by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the Deed of Trust, and -to: (a) Transfer, convey or assign the title of Lessee to the leasehold estate created by the Lease to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in the Deed of Trust; or, (b) Acquire and succeed to the interest of Lessee under the Lease by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in the Deed of Trust; or, (c) Acquire and succeed to the interest of Lessee under the Lease by virtue of a deed in lieu of foreclosure acceptable to Lender. 7. Termination by Lessor: During the term and existence of the Deed of Trust, before Lessor may terminate the Lease because of any default under or breach of the Lease by Lessee, Lessor must give written notice of the default or breach to Lender, in accordance with the provisions of paragraph 2 of this Agreement and afford Lender the opportunity after service of the notice to: (1) Cure the breach or default within thirty (30) days where the default can be cured by the payment of money to Lessors or some other person; (2) Cure the breach or default within thirty (30) days where the breach or 4 u 11 1 default must be cured by something other than the payment of money and can be cured within that time; or (3) Cure the breach or default in such reasonable time as may be required where something other than money is required to cure the breach or default and cannot be performed within thirty (30) days provided that acts to cure the breach or default are commenced within that time period after service of notice of default on Lender by Lessor and are thereafter diligently continued by Lender. 8. Foreclosure to Forestall Termination: Notwithstanding any other provisions of the Lease, Lender may forestall termination of the Lease by Lessor for a default under or breach of the Lease, by commencing proceedings to foreclose its Deed of Trust on the leasehold estate created by the Lease. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under the power of sale contained in the Deed of Trust (the "foreclosure proceedings"). The foreclosure proceedings. shall not, however, forestall termination of the Lease by Lessor for the default or breach unless: (1) The foreclosure proceedings are commenced within ninety (90) days after service on Lender of the notice described in paragraph 7 hereof; and, (2) The foreclosure proceedings, after having been commenced, diligently pursued in the manner required by law to completion; and, (3) Lender keeps and performs all of the terms, covenants, and conditions of the Lease requiring the payment or expenditure of money by Lessee, including but not limited to the obligation of Lessee to pay rent, until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment, or conveyance of the leasehold estate to Lender. 5 9. Transfer of Lease Upon Foreclosure. Provided that Lender gives written notice of transfer to Lessor setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Lessors shall not be required for transfer of Lessee's interest under the Lease to: (1) A purchaser of the leasehold at a foreclosure sale of the encumbrance whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale in the Deed of Trust; or, (2) An assignee the leasehold, estate pursuant to an assignment in lieu of foreclosure, provided to the Lender under the Deed of Trust. 10. No AutomaticlTermination: Notwithstanding any other provision of the Lease, should the Lease terminate, as a matter of law, or otherwise because of the insolvency or bankruptcy of Lessee or because of any non -curable default under, or breach of, the Lease by Lessee, Lessor will execute a new lease for said premises to the Lender as New Lessee, provided: (1) A written request for the new lease is served on Lessor by Lender within one hundred twenty (120) days after service on Lender of the notice describing the non -curable default in accordance with paragraph 2 hereof; (2) The new lease is for a term ending on the same date the term of the Lease would have ended had not the Lease been otherwise subject to termination, provides for the payment of rent at the same rate that would have been payable under the Lease had the Lease not been otherwise subject to termination, and contains the same terms, covenants,. conditions, and provisions as are contained in the Lease; (3) Lender, on execution of the new lease by Lessor, shall pay any and all u 3 sums that would, at the time of the execution of the new lease, be due under the Lease but for its ® termination and shall otherwise fully remedy, or agree in writing to remedy, any other 1 defaults under or breaches of the Lease committed by Lessee prior to the termination that can be remedied- (4) Lender, on execution of the new lease, shall pay all reasonable costs and expenses, including reasonable attorney's fees and court costs, incurred by Lessor in terminating the Lease, recovering possession of said premises from Lessee or the representative of Lessees, and preparing the new lease; 11. No Merger: Following the recording of the Deed of Trust, and until it is reconveyed by Lender, there shall thereafter, during the existence of that encumbrance, be no merger, without the prior written consent of Lender, of the leasehold estate created by the Lease and the fee estate in the Lease Premises merely because both estates have been acquired or become vested in the same person or entity. is 12. Limitations on Lender's Liabilitv: Lender shall not be liable to Lessor as an assignee of the Lease unless and until such time as Lender acquires all rights of Lessee under the Lease through foreclosure or other proceedings in the nature of foreclosure or as a result of some other action or remedy provided by law, this agreement or the Deed of Trust. Should Lender become the owner of the leasehold through foreclosure, an assignment or transfer in lieu of foreclosure, or under the provisions of paragraph" 10, . following Lender's assignment by Lender to, and the assumption by, a new third party Lessee of this Lease, or of the new lease under paragraph 10, ("Lender's Lease Assignment"), then Lender shall be relieved of any further liability under this Lease, or any new lease under paragraph 10, arising from and after the date of such Assignment. Any Lender's Lease Assignment shall subject to the prior consent of 7 Lessor, such consent to be based solely upon whether the assignee has the financial ability to pay and perform Lessees' obligations under the Lease, which consent shall not be unreasonably withheld or delayed. Lessor shall not unreasonably withhold or delay its consent to a Lender's Lease Assignment provided, however, that the provisions of such assignment must be consistent with the terms and conditions contained herein. A request by Lender for approval by Lessor of Lender's Lease Assignment shall be submitted to Lessor in writing along with a fully executed copy of the proposed assignment. In the event Lessor's approval or disapproval of any Lender's Lease Assignment is not given within forty-five (45) days of submission of a proposed assignment to Lessor, such assignment.shall be deemed approved by Lessor as required under 10.01 of the Lease. 13. Lender: The term "Lender" as used in this Agreement shall mean not only the entity that loaned money to Lessee as named as beneficiary, mortgagee, secured party, or security holder in the Deed of Trust, but shall also all subsequent assignees and holders of the security interest created by such instrument. 14. Disputes Between Lessor and Lender: The parties agree that this agreement shall govem the rights and obligations of the parties, in addition to the terms, conditions, and obligations under the Lease, during the term and existence of the Deed of Trust. To the extent that any conflict or ambiguity exists between this agreement and the Lease, as between the rights of Lender and Lessor, then the terms of this agreement shall be deemed controlling. 15. Attorney's Fees: If either Lessee, Lessor, or Lender shall bring suit against the other for the enforcement of any provision in this Agreement or for declaratory relief in connection with this Agreement or the Lease, the prevailing party in any such suit shall be 8 El LI awarded a reasonable attorney's fee and court costs which shall be taxed by the court as a part of the cost of such action. 16. The Undersigned further agrees that the provision of Section 1.01 of the lease, describing the length of the Forty-(40) year term inadvertently described the termination date as February 28, 2041. Lessor hereby acknowledges and agrees that the true termination date of the Forty-(40) year term is February 28, 2042 for all intents and purposes. 17. Memorandum of Aereement: Following the execution of this agreement, Lender and Lessor shall execute for recording by Lender, the memorandum regarding this agreement attached hereto as Exhibit "B" Dated: 4-10-07— Dated: Dated: Dated: 9 LESSOR: CITY OF MORRO BAY By c� Mayor By_��Gii�/ City Clerk LESSEE: i 725 Ern adero LLC, a Limited Liabili mpany By: Doug Redican, Manager LENDER: MID -STATE vIC &TRUST By G/ G�1 Linda ton/Vice sident Corporate Banking epartment RESOLUTION NO. 51-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING PASSENGER LOADING ZONE ON THE NORTH SIDE OF SEQUOIA STREET FROM HEMLOCK STREET TO FIR STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 10.36.150 of the Morro Bay Municipal Code designates establishing passenger loading zones on any street and on publicly -owned property when such a regulation has been established by resolution of the City Council; and WHEREAS, adopted community planning policies identify Sequoia Street as an important access corridor to Del Mar Elementary School; and WHEREAS, in its current curb parking configuration, parking along the north side of Sequoia Street limits access to the school and poses a hazard to the traveling public: and WHEREAS, increasing the number of vehicles capable of loading and unloading during peak hours at the school by limiting parking is appropriate; and . ® WHEREAS, Del Mar Elementary School Officials have requested the curbside parking be restricted to passenger loading and unloading while school is in session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that pursuant to Morro Bay Municipal Code Section 10.36.150. on -street parking is hereby limited to "Passenger Loading Zone" along the north side of Sequoia Street from Hemlock Street to Fir Street only during periods when school is in session and from 7:00 a.m. to 4:00 p.m.; 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 City Council of the City of Morro Bay at a regular meeting thereof held on the 9 s day of September, 2002 on the following vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: None f ABSENT: Elliott LIR/Obd?VAIIIARMN, Mayor ATTEST: �� A.lJrlli/ BRIDGET`1 AUER, City Clerk RESOLUTION NO.50-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE MULTI -HAZARD EMERGENCY PLAN, PART I — BASIC PLAN, AND THE CALIFORNIA STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) The City Council, City of Morro Bay, California WHEREAS, the preservation of life and property is an inherent responsibility of local, state and federal governments, and WHEREAS, no plan can prevent death and destruction, but good plans carried out by knowledgeable and well trained personnel can and will minimize losses, and WHEREAS, the City of Morro Bay has prepared a Multi -hazard Emergency Plan to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the civilian population in time of emergency, and WHEREAS, Part 1 of the MERP establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination for planning efforts of the various emergency staff and service elements, and WHEREAS, Part 1 of the MERP lists and empowers City staff to develop, use and ® maintain Hazard Specific Annexes (Part 2) and Resource Directories (Part 3). and WHEREAS, the objective of this plan is to incorporate and coordinate all facilities and personnel of the City into an efficient organization capable of responding in the event of an emergency. THEREFORE, BE IT RESOLVED, the City of Mono Bay hereby adopts the Multi - hazard Emergency Plan, Part 1 — Basic Plan, and the California Standardized Emergency Management System (SEMS). PASSED AND ADOPTED by the City Council, City of Mono Bay at a regular meeting thereof held on the 26th day of August 2002, by the following vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ABSTAIN: None ATTEST: BRIDGE AUER, CITY CLERK ,�65WAMDERMN. MAYOR RESOLUTION NO. 49-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING A REVISION TO THE MASTER FEE SCHEDULE ® FOR PARKS AND PUBLIC AREA USE FEES AND AMENDING THE FACILITY USE FEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Master Fee Schedule is set up to establish costs for City services and the fees on the schedule represent a variety of cost recovery rates; and, WHEREAS, the Recreation and Parks Department charges fees for the use of its parks and public open space: and WHEREAS, the City often has multi -day events that neccesitate additional repair and maintenance efforts from the City staff, and WHEREAS, the current fee schedule does not allow for adequate cost recovery for entire park use or multi -day use or processing the use permit, resulting in the City subsidizing many of these types of uses: and WHEREAS, the existing fees are not rounded to the nearest dollar, making computation and communication of fees difficult. ® WHEREAS, the Recreation and Parks Commission reviewed the attached Fee Schedule and unanimously approved it at the June 13, 2002 meeting. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay approve the attached schedule of fees as an amendment to the Master Fee Schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of August, 2002 by the following role call vote: AYES: Anderson, Elliott, Peters NOES: Peirce ABSENT: Crotzer ATTEST: BRIDGETT AUER, CITY CLERK WoimwcSrt140? L 6 C i at at- = C Z C, o U i•= L sZ s � C c _ 5A C _ C U G � y U U O = ' z t O x v oo U Z — 3i 59 69 69 69 U — _ m f f f U - ci 3 3 3 I Y z Z 3 3 O M o L 7 n JO O+ M O V 7 .7 U' 09 6� 59 69 aF 69 64- (Is69 V°. U c U r_ O L r�i O IC OEn = r 3 ';DCIL L o v= n 00 V L r t * t O n n a. !mil OQ _ � ._ � � � •_ l_ U 1= J � n < � T U N o 0 L U 7 O U O .`L c u U r M �GEs= 'U = O � o N . 0 � U ® _ L y 7 eT+ L C L n U 7 rTl z O z Il z O z a a T U L J L_ 69 - > L o O � — 1 i ° 3 O = '00 Y _T J J L i O� O O i o� f !tl G 4 M i §!§ ® ® \ \ & z z r-I u �'j | \ � � \ °C-4)2 ƒ � — &j) \ 3 u \ 2 } 4 2 E# ., ., 52 z z �e= \ \ >°} z \ �\ 0 8 }!e m u \)e £i] z z } � / �< < �y 2> � 2\» \ (J \\\ \ 4 MY 10 _ CoN \ i©�{2 / \\\�\ \\\\\ E.S _ /� \\ Y Y ® T t/j 7 a � C � y U 7 N �.y `v U U }yYr L L C Y LT. T V V V C G C � cz z U T L # r G C. � C F m E z . Q :z z O z O 110 "I z O z 65 69 m r l0 .6 69 J1 M N .O bs c _1 z O z u > O -u n U U O z C C O = u C T C) O -n O 7E 0 U vn u yll L r T L U r.� L' U L :A 'l. U U C c _ r- U •D u o 'L .V U � U U � rn U p• O � L ^' •JI 17 _ � U N_ _ L C IT' _ O C O j \ O V O L vU. o O j •� `T p U O - Y 65 •r r.i = c c O J c4 � O N Q O iE u iF IE E Q � 0 El } \ }i \\ \ \\ \ \ $ cz \\ CD � /\ \///// \ \ O s \ \ \ 77 }\®-C\ ) }j \ "Cl §\\< \\ }\ I 2 / lu L ryi O O t 0 0 O O L 0 0 o o .. o Cl _ o o L c O CD '- o v_ C) 3 3 3 3 ri 2 z sus (IS 6s 6oc) sus V)s �n Goq N y U E x C Z O O O 0 > V O O O 6 _ O N ss � m U :A L c � L U yn rz O O O O cQj O O O O t O C� kn 0 _ 3 V z ^ N N M O i 69 Gs U n s v s v N o ci Y� O O O O O O O O O O L '7 z 0 0 0 0 Cl 0 0 0 V vi vi 6 V' 06 ct s U O p i r. O .0 /= O�i J CJ1 L O7 L O_ U L t rA VJ 4� T Q U L O — O — O — O V1 � z = = = U O sA 6s s v sA 'A J y U il. U rUi� CD C EV' Z � C-4 :a C Vl si M C 00 Z U 1 1 a� 69 6e 6e 6R 603 J L O ^ vl U U C = ca rn O cd O U C L V N A 6 ' ',� ^ v� '.. � � bs 6s r... O J U C U G U O U L C U = C. ® U c � c U s y z O O O O O o O O •= 3 u T r 'D L 7U U � L L' O , LN r � S 5 U Y r T M Y j y Z O O O O c, c, CN c� O. O C7 O N C. Z ss N N N rn U Y p x s9 ss s ci _o - Z L O U _ _ O -• O —• O -� O — rn y cc U U — � c U -Z3 V r c1 >1 ° `o 00 0 J T U O — •[, L •� L J U ,t F U En Ll 7 C C G C Z r� V G f M �•��Y C G C — L G_ L Y_ 7 •L L z z "I z O Z z O Z rl z O z z O z s L U J O � > o O r C1 � L � II c• •D L Jr > O V L ° 3 T - Y J J U = cz L _3 r ' _ o 69 69 =D i Z ® `o 7 E: T N L— z z "q � G L r�i r�i p U p U p U p U �m e 0 0 0 L Y O O L N L N L M L G U > -o L O j r=l z z O O O D O O O O U U C Y O O L L L N L s9 ss v3 n. ss > C �1 •� . rr C EL O� L L C.) N ^= NV 7 U r�i r�i O L _ O L 7 O L Q L u Z Z O O O O 0 0 0 0 p 0 0 .-. s> o c j 3 Y z z � � — c c > L 69 N o O II � t U - y 4 — — 3 c c L 3 O yC o ... rn 3 f. ® L o iL. ; o L C.7 V ^ C U O O V1 O u O U O N U O O N OU N Z C • V.a y L :J N V Vi V L •O r•1 C•i G O O L U O a. O C cJ 1 U C-C > O > o U G O fJ T> U U] > Z L r V — � � L vx ,fi C Y � Y C N j 7 S � z Q� `J N C 7 T >, CALZ z •'^ S J G = 11 "i z O z "l z O z O L O ° C — �z So %- O O 7 O O COM I 6A 6A a O _D "\ z O z L C y. ° O O O 00 06x O 7 N M ss ds T t O U 0 rn U L U T L U U U 0 L n r � L U O U _ 3 'n r L U V � C U p U U a z o 0 ° o — .Q U U U r3 V C r a o L L i ^ V ' O 69 69 r., 7 o CD Q o r — .= + C L� + U E E ago E \ \\ Cz % \ \ _ �f /���/\ / 00 \ \ \ \ \\ �& 'o co .r,4 »\+ du \2 E E Staff Report TO: RECREATION AND PARKS CONLNNUSSION AGENDA NO: C _ Meeting Date.t- �3 CQAction: DATE: 06/07/2002 SUBJECT: CONTINUED DISCUSSION OF PARK AND PUBLIC AREA USE PERMIT FEES RECOMMENDATION Staff recommends the Recreation and Parks Commission continue their discussion regarding use fees for parks and public areas and adopt the new proposed fees for entire park usage and multi -day events, the permit processing fees as well as the fee amendments to "round numbers." Staff also recommends the Commission adopt Resolution No. 01-02 which rescinds Resolution No. 01-00 and adopts the above -mentioned fees. Staff further recommends the Commission forward the Resolution to the City Council for review, approval and inclusion in the City's Master Fee Schedule. FISCAL IMPACT By amending the fees, the City of Morro Bay will recover a percentage of the costs for processing use permits for the parks and public open spaces. The City will also recover a portion of the maintenance costs due to large or multi -day events. Lastly, by "rounding" the permit fees to omit cents, bookkeeping and fee collection will be streamlined. BACKGROUND The Recreation and Parks Commission discussed this item at their May Commission meeting. After presentation of the staff report and a discussion, the Commission requested the following: • Staff bring back the original resolution from February 2000 • Include Keiser Park on the proposed fee schedule for entire park uses other than softball tournaments Bring back a list of regular users of the parks. Provide a spreadsheet comparing fees charged by neighboring communities. Prepared By(/%fir Dept.Review: City Manager Review: City Attorney Review: Park Fees Staff Report ® Page2________ As was discussed during the May meeting, the existing fee structure has been in place for at least the last 15 years, with only very minor increases during that period (the last fee increase was prior to 1997). During the discussion in May, staff recommended the Commission review the cost of processing and approving permits and then attach a "value" to the user group, which would in turn be coupled with a percentage of the total costs recovered in the permit processing. Staff provided the following permit processing costs: Type of Permit Cost to Process Public Area Use Permit $73.00 ($118.00)* Giant Chess Board Permit $38.00 One Day Use Permit $30.00 *Note the cost to process a profit making group is S118.00 due to the level ofrevieiv required. Staff attached a value to each type of user group based on the characteristics of their use. The following values were attached: Type of User Groug Value of Permit to User Group Value of Permit to Community Non-profit Groups 50% 50% Resident Groups 75% 25% ® Non -Resident Group 100% 0% Profit Making Group 100% 0% Based on the above information, the following fee schedule was proposed: Group Type One Day Public Area Giant Chessboard:; Use Permit Fee Use Permit Fee Use Permit Fee i 1. City use S 0 $ 0 $ 0 12. Non-profit group/public school group $ 15.00 $ 36.00 $ 19.00 3. Private resident group $ 23.00 $ 55.00 $ 29.00 i 4. Private non-resident $ 30.00 $ 73.00 $ 38.00 5. Profit group w/o a charitable cause $ 94.00 $182.00 $ 102.00 1 i The second area that staff recommends be revised in the Master Fee Schedule is the impact to parks and public spaces that occur with events that use more than one area in the park, the entire park and/or multiple day events. The existing fee schedule does not allow for any additional fees to compensate for the increased maintenance and repair efforts required after multi -area or entire park use or a multi -day event. Based on an average of park clean-up time, staff recommends the following fees be added to the Master Fee Schedule. Note that the basic permit fee reflects the change recommended in the above section of the staff report. The Commission requested that Keiser Park be added, for situations where the entire park is used for purposes other than a softball ® tournament. Keiser Park was added to the Del Mar Park section due to the size of the park and the time necessary for clean-up. Park Fees Staff Report Page3 —-------- --- — -------------- Park Usage Fees -Public Area Use Permit (for events use of more than one area in a park, entire park use, public open space and multi -day use) I N. Point Keiser Park Morro Rock Parking Lot Bayshore _ Public Area Del Mar Park Cloisters/Tidelands City Park Use Permit Fee Use Fee/Dav Use Fee/Day Use Fee/DdV INon-Profit/PublicSchools $ 36.00 + $128 Or $96 Or $64 Private Resident Groups $ 55.00 + $128 Or $96 Or $64 j Private Non -Resident Groups $ 73.00 + $128 Or $96 Or $64 '. Profit Groups w/o a Charitable Cause $182.00 + $128 Or $96 Or $64 "Note, for one day use, the fee includes a basic permit fee +use fee. For multiple day events, the first day fee would include a basic `. permit fee + use fee, for each additional day, only the use fee would be charged. Commission Questions from the Mav 2002 meeting The Commission inquired about the previous resolution that was passed regarding the fee amendments in 2000. The following table represents those fees. Park Usage Fees single & multi -day use ® Morro Rock parking lot Del Mar Park Cloisters/Tidelands City Park j Basic Permit Fee Use Fee Use Fee Use Fee 1 i 'Non-Profit/Public Schools $ 14.88 + S 73 Or $48 Or $36 Private Resident Groups $ 23.60 + $ 91 Or $60 Or S45 Private Non -Resident Groups $ 34.40 + $114 Or $75 Or $56 j Profit Groups w/o a Charitable Cause $181.60 + $142 Or $93 Or $70 "Note, for one day use, the fee includes a basic permit fee+ use fee. For multiple day events, the first day fee would include a basic I permit fee + use fee, for each additional day, only the use fee would be charged. As the Commission can see, the permit processing fees were not changed, however the groups were charged different use fees. In reviewing this table, staff believes the current proposed fee schedule more accurately reflects the fees in areas where they are incurred. In the 2000 fee schedule, the attempt was to recoup the fees in the "use fee" section and not address the basic permit fee section. In the 2002 proposed fee schedule, the fees are more accurately distributed to the areas where they are incurred. The Commission also inquired about the groups that regularly use the parks and would there be a way to have a different fee or a reduced fee for those groups. As staff replied at the meeting, due to changes in dates, event specifics as well as changes in requirements (such as liability insurance), permits generally differ from one year to the next. The groups that use the parks on a regular basis, year after year or several times each year include the following: • The Art Association for Art in the Park (3 events each year) ® • The Chamber for multiple events such as 4' of July, the Car Show, the Fishermens and Farmers Market • The Merchants Association (2 events each year) • National Scholastic Surfing Association (2-3 events each year) • The Pro Surfing Tour of America • as well as others Staff would be concerned about making exceptions to the permitting policies. CONCLUSION Attached is the Master Fee Schedule which includes facility rental fees as well as park usage fees. The park and public area use fees have been presented in even dollar amounts, however, the facility fees are not. Staff recommends the Commission approve the amended fees as attached to your staff report, which rounds all fees less than $ .50 down and all fees more than $ .50 up. By making the rental fees even, the processing and readability of the fee schedule will be greatly enhanced as well as simplifying fee calculation. Staff also recommends the Commission adopt the new proposed fees for entire park usage and multi -day events and the permit processing fees. These actions can be taken by adopting Resolution No. 0 1 -02 which rescinds Resolution No. 01-00 and adopts the above - mentioned fees. Staff further recommends the Commission forward the Resolution to the City Council for review, approval and inclusion in the City's Master Fee Schedule. u.W,c mmissn.paupf a6 RESOLUTION NO. 01-02 ® A RESOLUTION OF THE RECREATION AND PARKS COMMISSION RECOMMENDING A REVISED FEE SCHEDULE FOR PARKS AND PUBLIC AREA USE AND AMENDING FACILITY USE FEES THE RECREATION AND PARKS COMMISSION City of Morro Bay, California WHEREAS, the Master Fee Schedule is set up to establish costs for City services and the fees on the schedule represent a variety of cost recovery rates; and WHEREAS, the Recreation and Parks Department charges fees for the use of its parks and public open space; and WHEREAS, the City often has multi -day events that necessitate additional repair and maintenance efforts from the City staff; and WHEREAS, the current fee schedule does not allow for adequate cost recovery for entire park use or multi -day use or processing the use permit, resulting in the City subsidizing many of these types of uses; and WHEREAS, the existing fees are not rounded to the nearest dollar, making computation and communication of fees difficult. ® NOW, THEREFORE BE IT RESOLVED that the Recreation and Parks Commission rescinds Resolution No. 01-00 originally passed and adopted on April 13, 2000. BE IT FURTHER RESOLVED that the Recreation and Parks Commission supports the attached schedule of fees as an amendment to the Master Fee Schedule. PASSED AND ADOPTED by the Recreation and Parks Commission of the City of Morro Bay at a regular meeting thereof held this 13th day of June, 2002 by the following role call vote: AYES: Miller, Smith, Winter, Wilson, Stollmeyer NOES: None ABSENT: Churney, Foster DAVID SMITH, CHAIR ATT ST: 7 ANDREA K. LUEKE DIRECTOR RECREATION AND PARKS DEPARTMENT u.w.wmmisn_mso0 1 -02 RESOLUTION NO.48-02 is 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 2002; 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 staffs have met once to begin negotiation of the new franchise agreement, and through various telephone and written communication have continued to negotiate and try to reach consensus on issues that remained unresolved; however, a completed cable franchise agreement with consensus by all parties will not be ready by the end of August 2002 when the current extension will expire. 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 26th day of August 2002 by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ABSTAIN: None D ER A%NDERSON, Mayor ATTEST: BRIDGE AUER, City Clerk l ® RESOLUTION NO.47-02 A RESOLUTION APPROVING ACCEPTANCE OF AN OFFER OF DEDICATION ON PINEY WAY AND THE SUMMARY VACATION OF A PORTION OF THE MAIN STREET FRONTAGE AT 180 MAIN STREET (180 Main Street being APN 066-261-018, Portion Lot 4, Section 31, Township 29S, Range I IE) The City Council City of Morro Bay, California WHEREAS, 180 Main Street is the northwest corner of Main and Piney Way where the owner has offered to dedicate a portion of Piney Way and requested that the City vacate a portion of Main Street per the attached documents; and WHEREAS, the owner will provide bonding and pay for installation of frontage improvements on Main Street and on Piney Way and along the neighbor's Main Street frontage per the design plans provided by owner and approved by the City; and WHEREAS, it is determined that a portion of the Main Street frontage is excess right-of-way not required for street purposes and that the owner's offer of dedication on Piney Way is in the interest of the public by enabling construction of public street drainage improvements per City standards; and WHEREAS, owner has provided the offer of dedication and legal descriptions for the dedication and vacation; and ® WHEREAS, vehicular ingress and egress for said property is to be limited to Piney Way only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the offer of dedication made by the Owner be accepted and that the portion of Main Street described in the attached exhibit be summarily vacated pursuant to Section 8335 of the Streets and Highways Code; and BE IT FURTHER RESOLVED, after the Owner has caused recordation of the attached offer of dedication and has bonded for installation of the public improvements, therein agreeing to remove the westerly home encroachment at time of new home construction, the City Clerk is authorized and directed to execute and record this resolution pursuant to Section 8336 of the Streets and Highways Code. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12t6 day of August, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None O ER AITD RSON, Mayor ATTEST: ® BRIDGETIOAUER, City Clerk r? v u u a ss, aill n 1 zd \ V q a Azr cr sc , 7 ALi 6a'SLK• ` II 62 �0o8'..q Q$bJ a/T•Cy`�r.6. ��i'b'QJ.�i •7 � J.6C tars+,+ �r;��a.`•yb v o, d_ �r \dt� m'Jn 4•.xrdb, e't�•• d �,�.AA O • *Ieo DIMS 1,f1.9 LVTvKt �{ •f1G:., ase� �s rTb�.r�C,db !U$ra od��t tv Cr�dd � •A'YOv 4:�i J 6 d a, � �' b• $ i N� d P 0 ¢ + O -t NUa ��i/ � fU�. G / n zNo�a �. lie - CPO S G A Co u / cr 0 1 _ +Do 1fyl.T. d31 .9 0hugG / = W Ul 13 WLU a W -TLU Ul .q .- �� �. Wit_ . �, ' �• / � f69B C j31/gyp S! B9T;j v 00QN B! SZ !s SlbJ S Of IsVoo Ao 16 oo !'oil ' / 8� / 9Jl -�9g0Z SSlj+45 C w c �U ]t o+" I A.1s �1 ZZpy Sf10J col S r 80 f-yi (111 7 0 oom .-a�Pi U2 y di o � / - ,ry md�J ��� �, / � Qom• / z M.04.1Z09� _ ifi+l d11 9 ORLSD3I / Ul COL. c / r.YT (�.: �%�iL�xa. °�.y •br'r/f; _ i^ ' - . �1 e \' � .�W� / � / N m W 'JIIFNZU FA 0 i I vM ran RESOLUTION NO.46-02 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AND ADOPTING THE COUNCIL POLICIES AND PROCEDURES MANUAL AND RESCINDING RESOLUTION NO. 47-01 WHEREAS, the Council Policies and Procedures Manual for the Citv of Morro Bav is a combination of City Council actions, policies, references, and information regarding the City Council; and WHEREAS, to ensure that all Councilmembers are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on the City Council, the City of Morro Bay adopts the attached Council Policies and Procedures Manual; and 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, proper conduct of City Council meetings in such manner will be aided by the Council's adoption of City Council Policies and Procedures; and WHEREAS, this Resolution repeals Resolution 47-01 and rescinds and supersedes all previous resolutions relating to this matter; and ® NOW THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt the Council Policies and Procedures Manual (attached hereto as Exhibit "A") dated August 5, 2002. NOW THEREFORE BE IT FURTHER RESOLVED that the Council Policies and Procedures Manual be reviewed on an annual basis to ensure that its contents meet all current City codes and State Law. NOW THEREFORE BE IT FURTHER RESOLVED that the Council Policies and Procedures Manual be distributed to all Councilmembers and department heads, as well as to other interested persons. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 12th day of August, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN Anderson, Elliott, Peirce, Peters Crotzer None None ATTEST: Bridgettkbauer, City Clerk RESOLUTION NO. 45-02 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AND ADOPTING THE ADVISORY BOARDS HANDBOOK AND BY- LAWS WHEREAS, the Advisory Boards Handbook and By -Laws for the City of Morro Bay is a composite of the City Council actions, policies, references, and information regarding the City Advisory Boards; WHEREAS, to ensure that all Advisory Board Members are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on an Advisory Board the City of Morro Bay adopts the attached Advisory Boards Handbook and By -Laws: NOW THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt the Advisory Boards Handbook and By -Laws (attached hereto as Exhibit "A") dated August 5, 2002. NOW THEREFORE BE IT FURTHER RESOLVED that the Advisory Board Handbook and By -Laws be distributed to all Advisory Board Members and department heads, as well as to other interested persons. ® NOW THEREFORE BE IT FURTHER RESOLVED that the Advisory Board Handbook and By -Laws be annually reviewed to ensure that its contents are current with the City's codes and State Law. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 12th day of August, 2002, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: \� �J BRIDGET BAUER, CITY CLERK SI` VcmMfyadmai/Re AdopAdWi ryHB ® CITY COUNCIL RESOLUTION NO. 44-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 WHEREAS, pursuant to Ordinance No. 1 (1964), the City of Morro Bay entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Morro Bay deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, Califomia. ® as follows: Section 1. The following City officials are hereby authorized to receive and review sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board: The Mayor and Members of the City Council The City Manager The City Finance Director The City Treasurer The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to contract. Section 2. That the firm of Hinderliter, de Llamas & Associates is hereby designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officers or employees authorized under Section 1 of this resolution to ® UAFILF_SIMSWOP MCCRESOVmo4402.dm ® examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after the contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board. Section 3. That this resolution supercedes all prior resolutions of the City Council of the City of Morro Bay adopted pursuant to subdivision (b) of the Revenue and Taxation Code Section 7056. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of July, 2002, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ® QDEgRSON, Mayor BRIDGETT AVER, City Clerk E RESOLUTION NO. 43-02 RESOLUTION APPROVING A REAL ESTATE AUCTION PURCHASE CONTRACT FOR ACQUISITION OF 231 ATASCADERO ROAD, MORRO BAY The City Council, City of Morro Bay, California WHEREAS, the Council of the City of Morro Bay has determined that there is a public need and funds available to establish and operate a Teen Center within the City; WHEREAS, the Council, after consideration of a number of sites, including the purchase and sale of the property at 1055 Morro Ave and the purchase of the property at 220 Atascadero Road, has now determined that the property located at 231 Atascadero Road is the preferred and best site for the Teen Center; WHEREAS, the real property at 231 Atascadero Road, Morro Bay was designated for acquisition at the City Council Closed Session Meeting on May 23, 2002; WHEREAS, the real property at 231 Atascadero Road, Morro Bay has been appraised at $1, 600,000.00 by the US Bankruptcy Chapter 7 Trustee; WHEREAS, the City of Morro Bay was the successful bidder at the Trustee's Auction on ® June 26, 2002 by which the City can acquire the property at 231 Atascadero Road for the sum of $735,000, WHEREAS, the Council has considered the proposed terms and conditions of the Real Estate Auction Purchase Contract attached hereto; and WHEREAS, the Council finds that the acquisition of the properties is not subject to the California Environmental Quality Act ("CEQA") because: (a) it is not a "project" as defined in CEQA and will not result in either a direct environmental effect or a reasonably foreseeable indirect effect (CEQA guidelines section 15378; (b) the purchase is categorically exempt from CEQA pursuant to section 15326 of CEQA guidelines as a "Class l" exemption; in that the project consists of the use of an existing building involving negligible or no expansion of an existing use and (c) even if the purchase were a project as defined in CEQA and not a Class I exemption, it can be seen with certainty that the purchase will have no significant effects on the environment under CEQA guidelines section 15061, subd. (b)(3) because the purchase merely results in a change of ownership of an existing facility. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Morro Bay authorizes and directs the City Manager to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Purchase Contract and to execute, on behalf of the City, such additional documents, as may be needed to complete the City's acquisition of the parcels. sl( lcmMtyadmcn/re Mln(yo/( PAGE 1 or ® NOW BE IT FURTHER RESOLVED, $ i 35, 000.00 plus reasonable and customary closing costs from the General Fund Reserve is hereby appropriated for the acquisition of the real properly at 220 Atascadero Road, Morro Bay California. L1 E PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 8th day of July 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Elliott, Peirce, Peters None None None ATTEST: BRIDGET78AULR, CITY CLERK Slr lcmbctysdmcnlre minigo/! PAGE 2 or 2 RESOLUTION NO. 40-02 RESOLUTION OF INTENTION is TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF MORRO BAY WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law: and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and ® WHEREAS, the following is a statement of the proposed change: To provide Section 21027 (Military Service Credit for Retired Persons) for local police members only. . NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and byjt�is reference made a part hereof. Title July 8, 2002 Date adopted and approved (Amendment) ® CON-302 (Rev. 4/96) r ® RESOLUTION NO.39-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 5, 2002; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and ® WHEREAS, pursuant to Mono Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 5. 2002 and that within the City of Mono Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay. California, as follows: 1. There is hereby called and ordered in the City of Mono Bay, County of San Luis Obispo, State of California, on Tuesday, November 5, 2002, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 10403 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 5, 2002; and ® Resolution No. 39-02 Page Two 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election-, and 5. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election: and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and ® 7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Board of Supervisors and the County Election Department of the County of San Luis Obispo; and 8. That the City Clerk of the City of Morro Bay shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of June, 2002, on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None 57 ABSENT: Crotzer i OD ER AND RSON. Mayor ATTEST: - "O�& \&� BRIDGETT AVER, City Clerk T&I9] ILIJf ImT.rf4IIt£1IN 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 WH EREAS, on May 28, 2002 the City Council did adopt Resolution No. 33-02 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 24, 2002 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 district regarding the proposed assessment and listing the date, time and location of the protest hearing; as well as being published in the local newspaper, and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District on June 24, 2002 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 2002-03 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council ofthe City of Morro Bay that adoption ofthis resolution shall constitute the levy of an assessment for the Fiscal Year 2002-03 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 24th day of June, 2002 by the following roll call vote: AYES: Anderson, Peirce, Peters NOES: Elliott ABSENT: Crotzer ATTEST: BRIDGETT AUER, CITY CLERK E OB P4R1 Most northerly comer Lot 122 oi, Tract 1996 .a L).. • , 0 E, F Q . 3 RESOLUTION NO.37-02 ® 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 28, 2002 the CityCouncil did adopt Resolution No. 32-02 declaring the Counci l'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 24, 2002 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 district regarding the proposed assessment and listing the date, time and location of the protest hearing, as well as being published in the local newspaper; and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on June 24, 2002 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$5,645 to be equally distributed per assessable parcel for the Fiscal year 2002-03 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council ofthe City of Morro Bay that adoption ofthis resolution shall constitute the levy of an assessment for the Fiscal Year 2002-03 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 24' day of June, 2002 by the following roll call vote: AYES: Anderson, Peirce, Peters NOES: Elliott ABSENT: Crotzer G AND ON, MAYOR ATTEST: 0 BRIDGETT UER, CITY CLERK U EXh=IT A CITY OFMORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE. ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND 1. = LOT NUMBER gc� 1.10 AC.* 10 = COUNTY ASSESSORS PARCEL -NUMBER 4 J 082 7�% 2 46 NO AREA GIVEN : . '90 00 ® F�4,- s. � TRACT 2110 15 i 5 21 d 1 1 s AC_ 1 ® CITY COUNCIL RESOLUTION NO. 36-02 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 2002-2003 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 2001-2002) may not be completed by June 30, 2002; ® and WHEREAS, the City of Morro Bay uses a two-year budget format that included requests for Fiscal Years 2001-2002 and 2002-2003; and WHEREAS, the City Council is only addressing the budget requests for Fiscal Year 2002-2003; 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 2002-2003 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets and subsequent amendments (attached hereto); and 2) Staff is directed to prepare and publish a final budget document; and 3) The City Manager is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved; and ® City Council Resolution No. 36-02 June 24, 2002 4) The City Council authorizes and directs the transfer of the balances of projects approved in fiscal years 1995-96 through 2001-2002, but not completed by June 30, 2002, to the Capital Improvement Project Fund(s) for Fiscal Year 2002-2003. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the 24th day of June, 2002, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer JQGDeFRSON, Mayor ® BRIDGE AUER_ City Clerk U:\FILES\MS WORDICCRESOVm3602.dm ATTACHMENT A (1 OF 4) A O �O W n [7 �OONmuI t7M N�00 [70 n aD00 W �O V)tnN O �O N m 1 61 N M W W n N N_ N W W tN O O n W W_ N N_ N '-_ W N_ O t0_ O W n 1N n d_ N W_ O O_ h !O_ N O_ W m N n N n W n h N m W Gl O W N t'1 N d N W M m 0 0 h n Wo W N [7 lD Q p Q N W O W elf t7 W Yl tD m N � C] W O NN t7 t7N N� t0 (D N O O O O O O O W O O h O O O O O O O O O O O O O O O O O O O H W O O n h cO O O Q (O N O N d 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 O O O O O O O O O O O O N N O N N O O O O O O n 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 O N 0�0 OHO M00 MO O b 000 000 O CD 000 O N_N O h vi o a r aG vi o ni N aD m ,0 0 �0 tO m 0 0 n O f7 0 �0 N O O n 0 0 fO lH N 0 0 W m N N 6� tp n m m h d Q �O m O O m [7 N_ N m t0 t'1 �O O � v d n o t0 W. t0 w O n LO n Q CJ W O O W d W N �O�n (O nn m t7 Q dt7�n W W Q W N O N t7 0aD t7 N n b W f0 Nt7m00 lD to N C'f tp h [O N O m �O O O W W Q O O N m i0 V1 O O O H O O fD O O n h W O O O O O W ON W OOmN� W QM C)nn G>�ONd W N O n d W W N N M 1N N W h c0 m00 W f7�tOON nONYf N OOtOOn NOOfO tp000000 W aD t7 f7n N W W m •- fh W h Nt7 O O d O N W O N N N n O O W n N O O tO n (y of of y n n OWN n W! WN O G d n W m W (D d vmm"f f7 N M N N O f7 — N O O r N W N m D J LL m m N (7 O 1 H 1 0 1 — b N U = Q O m N LL �cbma�� q cE z E tO 3 d a '� O 0 0 c V �+ N a. c N m y r9i li'i .cm. y ea6 3 N E x c =j c aci H 0mc0ocm LLOmaci r�i�� a n� CL U Q m m m LL_ m E J $�_ E SSE 01dat o 8i _ �+ Y r t _v N i` c`c 8i 'Jt E o 0 o E E-- o 05 m d i3i�wc�c�a"-aaawwa>rnr-U¢¢rn}r-m¢ac»UmdS N R O _m91 U A ATTACHMENT A (2 OF 4) E 0 p m O = o LL Q W F LL Q N f LL y ATTACHMENT A (3 OF 4) L'I a r G _ O 0 C Q C C LL C j IL = LL f IL p K 0 a N c W w o W m N HJ aJ Two E W M E N O E N 6 O 2 W o c>!�- �' mLL w E w W a a N = m C m Em ATTACHMENT A (4 OF 4) E El 0 0 0 0 0 0 0 0 0 0 o 0 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a m <N 0 0 i00NO 0 0 N m m d Nf fD O aO O NNvf O N O cONm 0 0 � O O O O O O 0 0 0 0 0 o m o 0 0 0 0 0 0 o fD 000000 00000000a 0 aG 0 o 0 00 0 0 o o vi a vim o 0 cio 0 0 ocvioo 0 0 0 0 � O O O O O LL c Y c yEy i `m a c O m J m O E y 41 C Cd Y f0 E o x E c m a m o y �N m m U.520 m W 2 Y m �.(S Ego Sm U m mEY mA' o m n3 c 8i C9 cUi$mE 15 of E t o m ~ N co t m d S O `m E a K g cd a K j u aci aa m a 8 W— f0 10 u c c m= c 0 ATTACHMENT B City of Morro Bay ® Fiscal Year 2002-2003 Adopted Budget Summary of Budgeted Revenues And Expenditures By Fund r� FY 2002-2003 Fund Name Revenues Expenditures Balance General Fund 11,027,447 11,605,052 -577.605 Equipment Replacement Fund 100,000 0 100,000 Emergency reserve Fund 0 0 0 CDBG Loan Repayment Fund 0 0 0 Gas Tax Fund 220.116 220,116 0 Traffic Safety Fund 40,000 40,000 0 Parking In -Lieu Fund 29,900 0 29,900 Transit Fund 370.762 342,924 27,838 Water Revenue Fund 3,766,200 3,698,601 67,599 Wastewater Collection Fund 1,691,235 1,691,235 0 Harbor Fund 1,274,000 1.242.200 31,800 South T-Pier Fund 22,890 0 22,890 CC1 Slip Fund 17,353 01 17.353 Mimosa Street AD 4.663 20,351 -15,688 Mimosa Street Supplemental AD 5,434 15,300 -9,866 North Point AD 5,645 5,645 0 Cloister AD 148.944 151.803 -2.859 WWTP 1.358,914 1,358,914 0 Capital Improvement Project Fund 1,834,416 1,834,416 0 Water Capital Accum Fund 30,000 0 30,000 Wastewater Collection Accum Fund 260,0001 381,750 121,750 22,207,919 22,608,307 -40Q388 SUMBYFD20022003a 6/5/02 8:16 AM ® CITY COUNCIL RESOLUTION NO.35-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002-2003 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 I I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as ® measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 2002-2003 Appropriations Limit at $14.620,853 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of June 2002, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Crotzer ger And rson, / ayor Bridgett Bair, City Clerk U:\FILESWSWORD\CCRESOVe 3502.dm ATTACHMENT A 0 Ll � Q N m NI A i O 0 O U O NI�OmO NV. <Q O t2 g �m r 0 0 M ONi pNp�� O m N cp O t7 m N tD Q < x x x x x x x x �pn 0-0000 O Y O O O 0 O 0 N f00m c0 V1 00 N A N [np N 00 O O 0 m m � (V tD t0 tD x x x x x x x I 1XI ° 8 Z m o 0 0 0 r m E b � b � N r O` 0 Z r ffi m r m ° V N C L O L m C LL poy U m m= C C m C m m y m J m C x m m um N C N O m m c> m V c r SCUj FF m 8 a`inFDmr ATTACHMENT B 0 m N C � u u `m c a - m � m c W m c U W m L ® a � m c m C W U m 0 L a� � C m m C W U cm u t 70 N{ m O N Na N m NrN mON mO W((pp mN fO WO Or mo mNpp•O- mW NN mO m N l7 0r0 m N. W NNO mW N m Q m � N q O m pm O p c p O Q r � N r O c m Q O r N7 t�J m m Q � m N t7 N �[J N t7MM Q QQN�Nt0mrrmmmmmOO�Nt+I<Q Q OWN — M N O Z 0 0 0 00000 m m ONi mOSmO<OON Or-:N Omm Q V" M m v m— -- N N N N - Z 111111 �iN Or no Wm-mw nmi$mn� .- Q Z N lh N r r r m m N W m N 00 N Q Q ci O N O Q Q Q Q Q Q f� � Q Z W Q Q o m m Q � Z m O) m r m m m m m o 0 M r WWWWmmmmmmmmmmWmWWWWm�o,�SSS m m m m m m m m m m m m m N m r m r O m m N ow N' N m m m r m m m m m O Wm N Wm N W t0 m m m o o o m m m m m m m W m W W W W W W m mp m m m m W N N Nmm { }}}}}}}}}}}}}}}}}}}}}}}}} m m m m m a m m m m m m m m m m a m— m a m m m m U U U U U U U U U U U U U U U U U U U U U U U U W (q N tl1 Vi N! N N D, N f/1 N N OI N W N M N N m N N N lL lL tt IL LL LL LL IL IL IL IL LL IL lL IL IL tL l� ILL l� li LL IL LL IL ATTACHMENT C ® Enclosure II Annual Percent Change in Population Minus Exclusions (') January 1, 2001 to January 1 12002 and Total Population January 1, 2002 Total County Percent Chance — Population Minus Exclusions — Population City 2001.2002 1-1-01 1-1-02 1-1.2002 SAN LUIS OBISPO ARROYO GRANDE 2.00 15,975 16,294 16,294 ATASCADERO 1.27 26,644 26,982 26,982 EL PASO DE ROBLES 3.93 24,206 25,157 25,812 GROVER BEACH 0.14 13,113 13,132 13,132 MORRO BAY 1.08 ` 10,398 10,510 10,510 PISMO BEACH 1.27 8,563 8,672 8,672 SAN LUIS OBISPO 0.47 44,218 44,426 44,426 UNINCORPORATED 2.33 97,692 99,970 107,727 COUNTY TOTAL 1.80 240,809 245,143 253,555 ® (•) Exclusions include residents in state mental institutions, federal military installations, and state and federal correctional institutions. Page 1 ATTACHMENT D May 1, 2002 Enclosure 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 change to be used in setting the 2002-2003 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2002-2003 -1.27 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2001-2002 appropriations limit. ® 2002-2003: Per Capita Change -1.27 percent Population Change = 1.83 percent Per Capita converted to a ratio: Population converted. to a ratio: Calculation of factor for FY 2002-2003: —1.27 + 100 = 0.9873 100 1.83+100 = 1.0183 100 0.9873 x 1.0183=1.0054 RESOLUTION NO. 34-02 ® 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 the City; and WHEREAS, said funding shall be applied towards water sources including the community's desalination plant, source water wells, 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 regular meetings on March 26; July 9, and October 8, 2001 and February 11, 2002 the City Council obligated monies for specific tasks; and WHEREAS, City staff was informed that the November 2002 State Water Project maintenance shutdown will result in full interruption of State Water deliveries; and WHEREAS, water to replace these State Water supplies is essential to the health, safety and well being of the community; and WHEREAS, the engineering analysis to identify measures to mitigate an iron compound in the source water for the Desalination Facility has been completed; and WHEREAS, the recommendation fro the analysis is to install an iron removal system with an estimated cost of about $600,000; and ® WHEREAS, discussions with more than one reputable manufacturer of iron removal system equipment led to the determination that a time of almost four months is required to order, fabricate and deliver said equipment; and WHEREAS, emergency conditions do not permit a delay resulting from a competitive solicitation for bids, and the action to acquire and install said iron removal system and appurtenances is necessary to respond to the emergency; and WHEREAS, at a regular meeting held on June 10, 2002 the City Council considered the matter. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that pursuant to Public Contract Code Section 22050, emergency conditions do not permit a delay resulting from a competitive solicitation for bids, and the action to acquire and install said iron removal system and appurtenances is necessary to respond to the emergency and BE IT FURTHER RESOLVED, the allocation of $600,000 in funds from the Equilon Stipulated Resolution to the acquisition and installation of an iron removal system and appurtenances is 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 10' day of June, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirc Peters NAYES: None ABSENT: None ® ABSTAIN: None G ANDE4,9UN,Mayr o ATTEST: BRIDGETT ER, City Clerk ® RESOLUTION NO. 33-02 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 20, 2002, 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 XIII, 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 24.2002 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 20, 2002, which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $148,944 or $1,241.20 per assessable parcel for fiscal year 2002/03. RESOLUTION 33-02 PAGE') ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of May, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ATTEST: 1�z BRIDGET AUER, CITY CLERK uxounciLres33-02 !E I� I.� i RSON, MAYOR TPOB P RCE, 1 Most northerly corner Lot 122 of Traci 1996 A7 L' . a El \V P Z o 7 a� n m• M- � n �mz 10 I /♦O/ i I �8� WW1 I ♦i , N E �5 Exhibit IA CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR COSTS 2001/02 (Actual Costs -to date) Personnel Services Director S 831.00 Lead worker S 3.135.00 Maintenance Worker 11's S49.383.00 Part time (to date) S 488.00 Overtime S 219.00 Benefits $27,440.00 Sub -total personnel services S81,496.00 Eauioment Time Truck for lead worker S 922.35 Truck for park aid S N/C Mowers S 670.80 Sub -total for equipment time S 1,593.15 Supplies Fuel, Oil, Lubricants S 499.00 Uniforms/safety equipment S 667.00 ® Grounds maintenance supplies S 4.477.00 Misc. operating supplies S 1,859.00 Small tools S 640.00 Sub -total for supplies S 8,142.00 Services Other professional services S11,652.00 Electricity S 2,150.00 Water S 19,108.00 Outside equipment repair and maintenance S 188.00 Disposal S 240.00 General liability S 2.886.00 Property damage insurance S 117.00 Vehicle insurance S 600.00 Outside structural repairs S12,374.00 Sub -total for services $49,315.00 Capital Outlay Trucks (1/5 of total truck price. S20,880.55, 4' of 5 payments) S 4.176.00 Sub -total for Capital Outlay S 4,176.00 Total for maintenance of the Cloisters Park and Open Space S144,722.15 (34 acres) from July 1, 2001 through April 30, 2002 u.aord.counciLaloacl0l 0 11 E CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Prepared By: Andrea K. L eker Director, Recreation and Parks Department City of Morro Bay May 20, 2002 EJ 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 2002/03 fiscal year is estimated to be $148,944. The cost estimate is included in this report as Attachment B. C 11 11 CITY OF MORRO BAY CLOISTERS 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 ® IV. Apportionment of Assessment u El 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 ►:J El 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 11 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 IJ u Lot Number County Assessor's Parcel Number Annual Assessment 60 065-388-015 $1,241.20 61 065-388-016 $1,241.20 62 065-388-017 $1,241.20 63 065-388-018 $1,241.20 64 065-388-019 $1,241.20 65 065-388-020 $1,241.20 66 065-388-021 $1,241.20 67 065-388-022 $1,241.20 68 065-388-023 $1,241.20 69 065-388-024 $1,241.20 70 065-388-025 $1,241.20 71 065-388-026 $1,241.20 72 065-388-027 $1,241.20 73 065-388-028 $1,241.20 74 065-388-029 $1,241.20 75 065-388-030 $1,241.20 76 065-388-031 $1,241.20 77 065-388-032 $1,241.20 78 065-388-033 $1,241.20 79 065-388-034 $1,241.20 80 065-388-035 $1,241.20 81 065-388-036 $1,241.20 82 065-388-037 $1,241.20. 83 065-388-038 $1,241.20 84 065-388-039 $1,241.20 Lot Number County Assessor's Parcel Number Annual Assessment 85 065-388-040 $1,241.20 86 065-388-041 $1,241.20 87 065-388-042 $1,241.20 88 065-388-043 $1,241.20 89 065-388-044 $1,241.20 90 065-388-045 $1,241.20 91 065-388-046 $1,241.20 92 065-388-047 $1,241.20 93 065-388-048 $1,241.20 94 065-388-049 $1,241.20 95 065-388-050 $1,241.20 96 065-388-051 $1,241.20 97 065-388-052 $1,241.20 98 065-388-053 $1,241.20 99 065-388-054 $1,241.20 100 065-388-055 $1,241.20 101 065-388-056 $1,241.20 102 065-388-057 $1,241.20 103 065-388-058 $1,241.20 104 065-388-059 $1,241.20 105 065-388-060 $1,241.20 106 065-388-061 $1,241.20 107 065-388-062 $1,241.20 108 065-388-063 $1,241.20 109 065-388-064 $1,241.20 `❑ l ber Assessor's Parcel Number Annual Assessment FEtCounty 065-388-065 $1,241.20 , 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 w.nam„wod.m ..,q TPOB P"?C L 1 Kos'- ncrther17 cos=er Lot 122 o2 Traci 1996 0 .� c 1, _ 400' U U U nailv Attectr�nt A CLOISTERS PARS; AND OPEN SPACE lL 1kI TENANCE TASKS Review for vandalism/repair Outdoor Pick-up ♦ trash ♦. paper ♦ cigarette butts Empty ♦ 6 trash cans Clean ♦ 7 tables ♦ 2 drinking fountain Check ♦ 5 interpretive panels ♦ 2 barbeques ♦ bike paths ♦ walkways . ♦.. 2 bridges ♦ 2 coastal access ways ♦ 1 observation pier ♦ 1 bike rack ♦ 2 play apparatus ♦ 25light,bollards ♦ play area surface ♦. 1 demonstration garden Clean ♦ 3 toilets ♦ 1 urinal ♦ .2 sinks ♦ restroom floors/walls ♦ 18 benches Twice Wed& Blow all walkways. observation, deck and parking lot Weekly Mow turf . Edge turf. Remove weeds from demonstration Garden, medians, planters Trim turf around trees, posts and other hard to reach areas Check and replace failed lamps Lake maintenance Bi-Weekly Rake/redistribute gravel under picnic tables and benches T7mn1v RR O, 9 of A CFtPc IU Cloisters Maintenance Tasks Pagel Litter pick -up -open space area Monthly Check new trees and plantings Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspection New plantings 1 Bi-Annually Fertilize turf/planter areas Paint restrooms; structures, signs, etc. Seed & aerate turf areas ®Annually - General safety inspection Annual tree pruning As Needed Remove graffiti Pest/gopher control Trim and spray paths Mow open space area v.w.Misc: ic-_t,uk ® Attachment B CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2002 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 2002/03. Personnel Services S 99,970.00 Regular Pay S 65331.00 Overtime $ 500.00 ® Part -Time Pay $ 1.000.00 Benefits S 33,139.00 Supplies S10,100.00 Uniforms/safety equipment S 1.000.00 Grounds maintenance supplies S 4.500.00 Small tools $ 1.500.00 Fuel, oil and lubricants $ 500.00 General office supplies $ 100.00 Misc. operating supplies $ 2.500.00 Services S 34,874.00 Other professional services S 4,000.00 Electricity $ 2,000.00 Rater S 22,000.00 Outside equipment repair and maintenance $ 707.00 Pest control services $ 100.00 Disposal $ 750.00 Insurance S 2.717.00 ® Outside Structural Repair $ 2,600.00 ® Capital Outlay S 4,000.00 Truck (5' payment of 5) Total Assessment Estimate Per Parcel Yearly Assessment 5148,944/120 parcels c.w. council.cImng02 C E S 4,000.00 S 148,944.00 S 1,241.20 ® RESOLUTION NO.32-02 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the North Point subdivision requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance Assessment", dated May 20, 2002 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City ® ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 24. 2002 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineer's Report dated May 20, 2002 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $5,645 or $564.50 per assessable parcel for fiscal year 2002-03. n LJ RESOLUTION 1 32-02 PAGE? ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of May, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ATTEST: u.council.res32-02 C *WA41NDERSON, MIAV5R D . i.?_1 n C1? f OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENA,NCE.ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA -__ 082 NO ARFA,- GjVv4 A 00 LEGEND 1. =LOT NUMBER 10 = COUNTY.ASSESSORS PPRCEL NUMEER lid , c y! c I S. TRACT 2110 1 2153� a 1s AC_ j 3 Exhibit IA May 2002 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR COSTS 2001/02 (Actual Costs -to date) Personnel Services S3112.00 Includes all daily and routine tasks as well as non -routine maintenance and repair costs. Equipment Time (truck) for Personnel S 581.36 Repair and Maintenance Supplies S 85.00 Includes trash liners, round -up and other supplies used in daily tasks as well as non -routine maintenance and repair costs. Repair and Maintenance Services S 89.00 Includes utilities, insurance and structural repair to the stairvav and other structures. ® Total costs for maintenance of North Point Natural S 3,867.36 Area, July 1. 2000 through May I, 2001 Deficit from Fiscal Year 2000/2001 <$ 2,964.94> (this deficit due to the $3,000 repair to the stairway required after major winter storm damage.) Grand total for maintenance costs (including S6,832.30 F.Y. 2000/2001 deficit) Amount assessed property owners for maintenance S 5,645.00 of North Point Natural Area for F.Y. 2001/2002 Deficit as of May 1, 2002. <$1,187.30> (to be applied to F.Y. 2002/03 Note: additional costs are expected to be incurred from May 1, 2002 through June 30. 2002 for the maintenance of the North Point Natural Area. 0 u.w.counci1.npmct02-la 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 20, 2002 0 C 11 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Page 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. 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 2002/03 fiscal year is estimated to be $5,645.00. The detailed cost estimate is included in this report as Attachment B. E ® IV. Apportionment of Assessment u u 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 �e.qTz C17YOFMORRO BAY NORTH POINT NATURALAREa LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRkM T NATURAL AREA SO = COUNTY ASSESSORS PARCE! NUNEER TRACT 2110 E FJ 11 Dailv ATTACHMENT A NORTH POINT NATURAL AREA MAINTENANCE TASKS Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash cans Clean - benches fencing Check - beach access stairway bike rack fights planting hillside, erosion Weeklv Blow paths, parking lot Monthlv Check new trees/stakes Checklrepair 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 granti Viow open space Pes'Jppher control Trim and spray paths Repair public access signaee Attachment B NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2002 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 2002/03. 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. counc i I. n rpten.-02 Ll RESOLUTION NO.31-02 ADOPTION OF A REVISED MASTER LEASE FORMAT 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 adopted a master lease format in 1987; WHEREAS, the City adopted Resolution 66-01 on October 22, 2001 adopting a new overall lease management policy and new master lease format; and, WHEREAS, the City Council also directed staff to bring back the lease management policy and master lease format for review in six months; and, WHEREAS, during the six month review period the lease management policy has proved to be useful in handling overall lease management issues and no changes are deemed necessary at this time; and ® WHEREAS, during the six month review period certain sections of the master lease format, relating to CPI Adjustment, Insurance and Leasehold Mortgages, were revised to insure consistency and flexibility in negotiations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Master Lease format as revised and attached to this Resolution is hereby adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28`h day of May, 2002 by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: Anderson it i ® RESOLUTION NO.30-02 A RESOLUTION ANNOUNCING ISSUANCE OF A BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR DOWNTOWN BUSINESS ENHANCEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the city Council adopted resolution No. 104-95 on August 28, 1995 designating the commercial areas from Kern Avenue to Market Street and from Surf Street to Driftwood Street as "Old Town", a distinct and unique area of historical value; and WHEREAS, the stated intent of the "Old Town" designation was to create a definable downtown for our citizens and merchants to take pride in; and WHEREAS, the City Council sponsored a mini Regional/Urban Design Assistance Team (RUDAT) project in August 1997 to support and enhance the business areas in "Old Town" through the installation of street furniture, benches, planters, trash receptacles and bicycle racks; and WHEREAS, the City Council funded the installation of some of the furniture and ® planters suggested by the RUDAT to stimulate enhancement projects by the business owners in the "Old Town" area; and WHEREAS, the City Council adopted Resolution No. 76-98 on July 27, 1998 which included specific guidelines passed by the Planning Commission for the issuance of a Blanket Encroachment Permit and Master Use Permit to all businesses within the "Old Town" for the placement of certain items in the public right of way; and WHEREAS, Resolution No. 76-98 contained a sunset clause for the Blanket Encroachment Permit and Master Use Permit of December 31, 1998 anticipating that the guidelines would become permanent by amending the appropriate zoning ordinances in the Morro Bay Municipal Code; and WHEREAS, the anticipated amendments were also tied to the adoption of a new sign ordinance, which is still pending with the Planning Commission, and no new guidelines or resolutions have been adopted by the Council since the sunset date of Resolution No. 76-98; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that the Blanket Encroachment Permit and the Master Use Permit for "Old Town" with the guidelines approved by the Planning Commission on December 21, 1998, and as modified by the Council in Exhibit A, shall remain in effect until further action is taken by the Council to rescind/amend the guidelines or amend the Morro Bay ® Municipal Code. ® Resolution No. 30-02 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of May, 2002 on the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None ATTEST: "100-�`;. ® EXHIBIT "A" Resolution No. 30-02 Guidelines for Blanket Encroachment and Master Use Permit for Limited Use of Public Sidewalks Or Right of Ways in the Area Designated "Old Town" May 28, 2002 Permitted Items The following items only are allowed on public rights of way: 1. Planters for live plants only. 2. Benches 3. Tables and chairs: Allowed only with businesses where food and/or beverage service is a primary use EXCLUDING businesses that serve alcohol as the primary commodity (i.e., bars and liquor stores). Non -permitted items This permit does NOT authorize the placement of any merchandise, or signs other than ® City approved business identification banners, on public sidewalks or within a public right of way. Plot Plan and Indemnification Required Prior to Locating Items Prior to locating any items on a public sidewalk or within a public right of way, a plot plan shall be submitted to the Public Services Department for approval. The plot plan shall include the following: a. The dimension of the building frontage. b. The location and dimensions of the items to be placed. C. The location of all doorways, driveways and any public utility poles or fire hydrants. d. The location and dimension of any existing planters, benches, trash receptacles, bicycle racks or other tables and chairs located along the building frontage of the proposed business and the adjacent businesses. 2. Prior to locating any item(s) as allowed by this permit, a document shall be provided in a form acceptable to the City assuming liability, and indemnifying the City and its officers and officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees that may arise out of the issuance of this permit. C� ® Overall Location Criteria 1. A minimum 48 inch wide, unobstructed aisle shall be maintained at all times. 2. Nothing shall be placed that will block access to, or interfere with, entering or exiting any business. 3. Nothing shall be placed that will interfere with parked vehicles or access to the doors of parked vehicles. Location Criteria for Specific Item Allowed Planters: May be placed against the front of the building or at, or near, the curb. Benches: Benches may be placed against the front of buildings, adjacent to tree wells, or at, or near, the curb and may not exceed eight (8) feet ion length. No more than two (2) benches are allowed per business. If placed along the same line, the benches must be at least six (6) feet apart. Tables and Chairs: Are permitted at a business location serving food and/or beverages as a primary use. ® May be placed only along the business edge of the public sidewalk or right of way. No more than two (2) tables are permitted per business. Each allowed table shall be no more than 48 inches in diameter if round, oval or square, or 60 inches in length if rectangular. A minimum of 36 inches shall be maintained between tables, if more than one is placed. General Use Criteria 1. Benches shall be for the use of the general public. 2. Businesses placing tables and chairs may designate such for customer use only. 3. Permitted items left in the public right of way after dark shall be readily visible to pedestrians. 4. If so directed by an employee of the City, to protect the health, safety and welfare of the public, or for failure to adhere to the requirements of this permit, any item deemed to be a hazard shall be moved or removed. fr ® General Maintenance Criteria 1. Any permitted item placed in the public right of way shall be maintained for appearance and safety. 2. The owner, or other responsible party in charge, of the business shall insure prompt removal of all debris, refuse or trash. 3. At the close of business each day, all tables and chairs shall be removed and stored inside. 4. Planters shall be maintained with live plants at all times. Dead or dying plants shall be removed and replaced as necessary to maintain an attractive appearance. 5. Furniture to be used by the general public shall be maintained for safety at all times. L� ® CITY COUNCIL RESOLUTION NO.29-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE PURCHASE OF FINANCIAL SOFTWARE WHEREAS, the City Council made an appropriation in the Fiscal Year 2001-2002 Capital Improvement Budget for the purpose of securing new financial software for the City's use; and WHEREAS, the City Council finds that a Request For Proposals was let and that four (4) proposers responded; and WHEREAS, the City Council fords that the procurement procedures followed were adequate to insure a fair and open competition and to determine a fair price; and WHEREAS, the City Council finds that New World Systems, Inc of Troy, Michigan offers the best combination of software functionality and features; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the ® City Manager is authorized to enter into final negotiations and execute a contract with New World Systems for the purchase of computer software; and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of said contract shall not exceed the budgeted amount of two hundred fifty thousand dollars. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of May, 2002, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None OER AN ER ON, M or BRIDGE BAUER, City Clerk U:iF1LES\MSWORD\CCRESOVrew vridra .dm RESOLUTION NO.28-02 ® 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 of Tract 2110 "North Point." requiring formation of 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 Fl-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 home by an assessment district as required by the Conditions of Approval of the project; and. WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218. California Constitution Act XIII. C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) Resolution No. 28-02 ® 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. 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 28, 2002 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22nd day of April, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ® ABSENT: None zz, D R ANDERSON MAYOR ATTEST: BRIDGET76BAUER CITY CLERK u4imurciVre,'8-0� r RESOLUTION NO. 27-02 Is 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 Xlll C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) E Resolution No. 27-02 ® Paae 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 28, 2002 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 22nd day of April, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters ® NOES: Elliott ABSENT: None GE AtNDERSON MAYOR ATTEST: I] 1 / , ® RESOLUTION NO. 26-02 APPROVAL OF AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 68/68W, LOCATED AT 591 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND THE HELD FAMILY TRUST E\TENDING THE TERM FOR FIVE YEARS AND ASSIGNING THE AGREEMENT TO THE HELD FAMILY TRUST AND THE SMITH W. AND HANNAH W. HELD FAMILY TRUST THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Citv of Morro Bay is the lessor of granted Tidelands known as Lease Site 68/68NNI. located at 591 Embarcadero. and. WHEREAS, the Held Family Trust is the lessee of said property: and; WHEREAS, the existing lease agreement for Lease Site 68/68W expires December 31. 2003: and. WHEREAS, the lessees wish to enter into an amendment to the lease agreement extending the term of the agreement for five years to asses the feasibility of redevelopment on the site: and. WHEREAS, the lessees wish to assign the lease agreement to The Held Family Trust ® and the Smith W. and Hannah W. Held Family Trust. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Amendment to the Lease Agreement for Lease Site 68/68W between the Citv of Morro Bav and the Held Family Trust and the Smith W. and Hannah W. Held Family Trust is hereby approved. BE IT FURTHER RESOLVED that the Mavor is hereby authorized to execute said Amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of'April, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 1;�Z D R ANDERSONt. MAYOR ® BRIDGETfYAUER, CITY CLERK AMENDMENT TO LEASE AGREEMENT FOR LEASE SITE 68/68W isThis amendment is made and entered into as of this _ day of 2002 by and between the City of Morro Bay, a municipal corporation of the state of California (hereinafter "City") and The Held Family Trust, (hereinafter "Tenant") to amend that certain ground lease for Lease Site 68/68W between City and Tenant executed on January 20, 1983 (thereinafter the "Lease"). Whereas, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Site 68/68W, and, Whereas, Tenant currently subleases to a retail operation and uses a portion of 68/68W for vacation home purposes; and, Whereas, Tenant desires to continue using the Site for such purposes until such time as Tenant and City agree on long-term development plans for the Site, or City chooses to put the Site out to public bid. Whereas, Tenant desires to assign 50% of the leasehold interest to a family trust held by their children. NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: Paragraph 2, TERM: Shall be extended five years to make the new termination date of the lease December 31. 2008. Paragraph 3, SCHEDULE A MINIMUM ANNUAL RENT: Shall be amended effective July 1, 2003 to be $16,403.00 annually. Commencing July 1, 2004 and each year thereafter the minimum annual rent shall be adjusted based on annual increases in the CPI for the previous calendar year as set out in Section 2 of ® Schedule A of the lease. Paragraph 4: Shall be deleted and replaced as follows: "The leased premises shall be used for general retail sales, non -permanent residential/vacation or transient occupancy use and boat berthing; no other uses are permitted without first securing prior written consent of the City." BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City Council hereby approves the assignment of Lease Site 68/68W from the Held Family Trust to the Held Family Trust (50%) and the Smith and Hannah Held Family Trust (50%). This approval is conditional on City Attorney approval of final assignment and assumption documents no later than June 1, 2002. 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. CI ORR AY g r An erson, Mayor obert Hendrix, City Manager APPROVED• FORITG 1► jESS Gordon G. Held, Trustee ATTEST: Bridgett Baue , City Clerk 0 RESOLUTION NO.25-02 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND ARMAND VIOLE AND YNEZ VIOLE O'NEILL EXTENDING THE TERM FOR FIVE YEARS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of granted Tidelands known as Lease Site 67/67W, located at 575 Embarcadero, and, WHEREAS, Armand Viole and Ynez Viole-O'Neill are the lessees of said property; and. WHEREAS, the existing lease agreement for Lease Site 67/67W expires December 31, 2003; and, WHEREAS, the lessees wish to enter into an amendment to the lease agreement extending the term of the agreement for five years to asses the feasibility of redevelopment on the site; and, ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Amendment #1 to the Lease Agreement for Lease Site 67/67W between the City of Morro Bay and Armand and Ynez Viole-O'Niell is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized, to execute said Amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22"d day of April, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None BRIDGET-UAUEK, AMENDMENT #1 TO LEASE AGREEMENT FOR LEASE SITE 67/67W ®This amendment is made and entered into as of this _ day of _ 2002 by and between the City of Morro Bay, a municipal corporation of the state of California (hereinafter "City") and Armand Viole and Ynez Viole O'Neil, (hereinafter "Tenant") to amend that certain ground lease for Lease Site 67/67W between City and Tenant executed on February 14, 1983 (thereinafter the "Lease"). Whereas, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Site 67-67W, and, Whereas, Tenant currently subleases to a retail operation and uses a portion of 67-67W for vacation home purposes; and, Whereas, Tenant desires to continue using the Site for such purposes until such time as Tenant and City agree on long-term development plans for the Site, or City chooses to put the Site out to public bid. NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: Paragraph 2, TERM: Shall be extended five years to make the new termination date of the lease December 31, 2008. Paragraph 3, SCHEDULE A MINIMUM ANNUAL RENT: Shall be amended effective July 1, 2003 to be $17,226.00 annually. Commencing July 1, 2004 and each year thereafter the minimum annual rent shall be adjusted based on annual increases in the CPI for the previous calendar year as set out in Section 2 of Schedule A of the lease. ®Paragraph 4: Shall be deleted and replaced as follows: "The leased premises shall be used for general retail sales, non -permanent residential/vacation use and boat berthing, no other uses are permitted without first securing prior written consent of the City." All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY O ORRO BAY LES ge n ersoMayor Ar an Viole obert Hendrix, City Manager Y ez Viole"O'Neil/ APPROVED AS TO FORM Ro ert Schultz, City Att ne ATTEST: ® Bridgett BauAh City erk RESOLUTION NO. 24-02 ® A RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE GARBAGE, RECYCLING, AND GREEN WASTE FRANCHISE AGREEMENT TO WASTE CONNECTION, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the public health and safety demand the orderly and periodic collection and disposal of solid waste from properties within the City of Morro Bay; and WHEREAS, Morro Bay Garbage Service (MBGS) is the holder of an exclusive franchise agreement to provide garbage, recycling, and green waste collection, transportation and disposal services to the City of Morro Bay hereinafter referenced as Franchise Agreement; and WHEREAS, by a letter dated March 7, 20023 MBGS notified the City that Mission Country Disposal, who is the owner of all MBGS, Inc. stock, had entered into a purchase agreement with Waste Connections, Inc. (WCI) to transfer all of its operations upon consummation of the transaction to WCI; and ® WHEREAS, the transaction constitutes an assignment within the meaning of Article 13.5 of the Franchise Agreement; and WHEREAS, Article 13.5 of the Franchise Agreement with MBGS requires the prior written consent of the City to allow MBGS to assign the Franchise Agreement to WCI, and WHEREAS, MBGS and WCI have requested the City consent to the assignment; and WHEREAS, MBGS and WCI have fulfilled the requirements of Article 13.5 of the Franchise Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that the City consents to the assignment of the Garbage, Recycling, and Green Waste Franchise Agreement from MBGS to WCI subject to the following conditions: 1. Assignee shall agree to be bound by each and all requirements of the City of Morro Bay General Law. 2. Upon the consummation of the transaction between MBGS and WCI, WCI accepts the franchise obligations contained in the Garbage, Recycling, and Green Waste Franchise Agreement. ® 3. The assignment herein shall not become effective until WCI accepts in writing the conditions of this resolution and the franchise obligations contained in the Franchise C/J E Resolution No. 24-02 Page 2 Agreement. Such acceptance shall be filed with the City of Morro Bay City Clerk within ten (10) days after the date of the approval of this resolution consenting to the Franchise Agreement assignment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held on the 22nd day of April 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None *ODE�RNDERSON, Mayor ATTEST: BRIDGE BAUER, City Clerk APPROVED AS TO FORM: ® RESOLUTION 23-02 RESOLUTION HONORING NEW YORK FIRE FIGHTERS AND ADOPTING FDNY ENGINE 16 & LADDER 7 AS SISTER FIRE COMPANIES. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the tragedies of September 11, 2001 had a profound effect on the Citizens of Morro Bay and especially the Morro Bay Fire Fighters; and WHEREAS, Fire Fighters everywhere are united in their commitment to keeping their own communities safe, and WHEREAS, through meeting Mike Bonanno, a retired FDNY Fire Fighter, now residing in Morro Bay who was a member of Ladder 7, and WHEREAS, determining that a common bond exists between the Fire Fighters of Engine 16 and Ladder 7, and the Morro Bay Fire Fighters at Station 53, and WHEREAS, the City of Morro Bay would like to honor and show our support for FDNY Engine 06 & Ladder 7. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council and the Morro Bay Fire Department on behalf of all the citizens of Morro Bay, adopt FDNY Engine 16 & Ladder 7 as sister Fire Companies. AYES: Anderson, Crotzer, Elliott, Peirce and Peters NOES: None. G R ANDERSON, Mayor Attest: n e BRIDGETT BAUE , City Clerk RESOLUTION NO: 22-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY OF MORRO BAY TO ACCESS STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Penal Code Sections It 105 (b) (10) and 13300 (b) (10) authorize cities, counties and districts to access state and local summary criminal history information for employment, licensing or certification purposes: and WHEREAS, Penal Code Sections 11105 (b) (10) and 13300 (b) (10) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record: and WHEREAS, Penal Code Sections 11105 (b) (10) and 13300 (b) (10) require the City Council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Cityof Morro Bay that the City of Morro Bay is hereby authorized to access summary criminal history information for employment ® (including volunteers and contract employees), licensing, or certification purposes: and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment (including volunteers and contract employees), or licensing; except that such conviction may be disregarded if it is determined that mitigating circumstances exist; or that the conviction is not related to the employment, volunteerism or license in question.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 8th day of April, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Elliott, Peirce and Peters NOES: None ABSENT: None ATTEST: ® BRIDGETT 6AUER, CITY CLERK �/minL .2'-02 ® CITY COUNCIL RESOLUTION NO.21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY CAPITAL ASSETS POLICY WHEREAS, The City Council of the City of Morro Bay desires to establish financial management policies which provide for the financial well-being of the City; and WHEREAS, the City Council finds that it is in the best interests of the City to establish a policy governing capital assets and the procedures for their safekeeping and eventual replacement: and WHEREAS, the City Council finds that is a prudent business practice to recognize that capital assets are consumed in their use and will need to be replaced in the future; and WHEREAS, the City Council finds that an appropriate mechanism for funding future capital assets replacement is through annual budgeted contributions to the Equipment Replacement Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Capital Assets Policy, attached hereto, is adopted and that the Finance Director is hereby authorized and directed to carry out this policy, on behalf of the City Council. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that it is the policy of the City of ® Morro Bay to incorporate into the _annual budget, contributions for the eventual replacement ofcapital assets from each department based upon the assets assigned to that department; and, the level of contributions will be approved by the City Council as part of the budget review process. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of March, 2002, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None O ER ANDERSON, M yor BRIDGEU BAUER, City Clerk 11 ® City Council of the City of Morro Bay Capital Assets Policy WKWO y The purpose of a Capital Assets Policy is to ensure adequate control and appropriate use of City property and provide a mechanism for replacement of assets that must be retired. The procedures are intended to define capital assets and to establish guidelines for their budgeting, purchase, use, replacement, accounting, inventory, transferring, insuring and disposal. POLICY It is the policy of the City Council of the City of Morro Bay that capital assets be properly accounted for and used for appropriate City purposes. In accordance with accepted governmental practices, the City Council of the City of Morro Bay has determined that the threshold used to capitalize an asset is $5000.00. It shall be.the responsibility of the Finance Department to establish systems and procedures that will identifj,, process, track and report on all City capital assets. In as much as the Finance Department has custodial responsibility to account for the capital assets of the city, all capital assets will be identified with individually numbered tags or similar identification and will be accounted for within the financial system at the department level. Further, it is the policy of the City Council that the City's annual budget each fiscal year shall include some level of funding for the eventual replacement of capital assets in accordance with their purchase price, useful life, residual value and the City's ability to provide adequate funding. The City Council shall consider staffs proposed funding for depreciation as part of the budget review process. ®DEFINITION Definition of a Capital Asset The term "capital assets" is used to describe assets that are used in operations and that have initial lives extending beyond a single reporting period. Capital assets may be either intangible (e.g., easements, water rights, computer software) or tangible (e.g., land, buildings, building improvements, vehicles, machinery and equipment.) In general, all capital assets, including land, buildings, machinery and equipment, with an original unit cost of $5,000.00 or more, the City of Morro Bay's capital asset threshold, will be subject to capitalization. All costs associated with the asset purchase or construction meeting this threshold should be considered, including any ancillary costs such as freight charges, site preparation expense, installation expense, professional fees and legal fees directly attributable to asset acquisition. This capitalization threshold is applied to individual units of capital assets. For example, ten desks purchased through a single purchase order, each costing $1,000.00 will not qualify for capitalization Even though the total ($10,000.00) exceeds the threshold of $5000.00. For purposes of capitalization, the threshold will generally not be applied to components of a capital asset system. For example, a keyboard, monitor and central processing unit purchased, as components of a Computer system will not be evaluated individually against the capitalization threshold. The entire computer system will be treated as a single capital asset. Repairs to existing capital assets will generally not be subject to capitalization unless it significantly extends the useful life of the asset. In which case, it represents an improvement and will be subject to capitalization only if the cost of the improvement meets the $5,000.00 threshold. An improvement to a capital asset that had an original cost of less than $5,000.00, but now exceeds the threshold as a ® result of the improvement, should be combined as a single asset at the total cost (original cost plus the cost of the improvement) and capitalized. Other related costs that only enable an asset to meet its original estimated useful life or operation efficiency are considered maintenance expenditures in the period incurred. Inventory Control (Safeguarding) Department Directors are ultimately responsible for safeguarding their department's capital assets from theft or loss and ensuring their appropriate use. In general, inventory control is applied only to movable capital assets such as machinery and equipment due to their portability, value outside of the office, or character. However, the department director must also consider assets that may be in employee's possession such as automobiles, computers or other equipment. City departments shall exercise control over their noncapitalized assets by establishing and maintaining adequate control procedures at the department level. Tagging The finance department, with assistance from other City departments, will be responsible for tagging capital assets: To provide accountability for the assets, ensuring the asset assigned to a department is controlled and accounted for by a specific department/person To support inventory control ® To help determine asset replacement cost and life To provide auditors with a mechanism to verify the City's control of capital assets and to provide accurate account of the City's capital expenditures Purchasing Capital Assets Each of these items are governed by the City of Morro Bay's Municipal Code and are to be found in Chapter 3.08 — Purchase and Sale of Supplies and Equipment. This section of the Municipal Code outlines the City's Purchasing Policy which is "to establish efficient procedures for the purchase of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assume the quality of purchases". Disposal of Surplus Property Municipal Code 3.08.130 outlines the following procedure: "All using agencies shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use." i- ® The Equipment Replacement Fund shall be established for the purpose of accumulating funds that are a direct result of the depreciation process. These funds are to be used when asset replacements are necessary. These funds will be accounted for within the fund separately for each City department based on the departments' contributions and replacement expenditures. El E Ell RESOLUTION NO. 20-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS IN OPPOSITION TO THE CALIFORNIA ENERGY COMMISSION'S DRAFT POWER PLANT COOLING OPTIONS REPORT FOR THE MORRO BAY POWER PLANT PROJECT The City Council, City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, on the 9 h day of August, 2001, held a special meeting and adopted Resolution No. 01-01 recommending that the City oppose the use of Dry Cooling for the Morro Bay Power Plant; and WHEREAS, the City Council of the City of Morro Bay on 27t° day of August, 2001, adopted Resolution No. 57-01, opposing alternative cooling methods for the proposed Morro Bay Power Plant that would cause or exacerbate adverse effects on visual, noise, air quality, socio-economics, and other local resources compared to the proposed project; and ® WHEREAS, on January 8, 2002, the California Energy Commission (CEC) staff issued a draft report entitled, "Draft Appendix A: Morro Bay Power Plant Cooling Options Report" to analyze the potential impacts of alternative cooling technologies; and WHEREAS, on the 11t' day of March, the City Council did hold a duly noticed public hearing to consider the CEC's draft report on alternative cooling options; and WHEREAS, at said public hearing after considering the Staff Report, and the testimony of all persons, if any, wishing to testify, the City Council made the following findings: 1) That all of the findings in opposition to alternative cooling options set forth in Planning Commission Resolution No. 01-01 and City Council Resolution No. 57-01 are applicable to the CEC Draft Report and are therefore incorporated herein; and 2) That the proposed alternative cooling options are inconsistent and in direct violation of numerous Laws, Ordinances and Regulations and Standards (LORS), which include, but are not limited to: E Resolution No. 20-02 ® Page Two • The City's General Plan Policy: N-1.5, N-1.4, LU-82, LU-82.6, VR-2, VR-3.4, VR-2.2, LU-39.1, LU-62.1, VR-3.2(d), LU-35, LU-39.4, LU-55, LU-55.2, LU-56, LU-55.4, LU-55.8, and LU-55.9; • The City's Coastal Land Use Plan Policies: CLUP-4.07, 4.01, 12.01, 12.11, 12.06, 5.01, 12.05, 12.02, 12.04, 5.04, 11.06, and 11.14; • The City's Zoning Code: §17.48.190 and 17.40.040, et al.; • The California Coastal Act: §30240(a); and 3) That the proposed alternative cooling options would cause significant visual impacts upon the City, which is in direct violation of, and inconsistent with, the City's General Plan, the Coastal Land Use Plan and the Coastal Act; and 4) That the proposed alternative cooling options would far exceed the City's Noise Element Objective which is in direct violation of the City's General Plan; and ® 5) That two of the proposed alternative cooling options, depending on their location, would negatively affect an archaeological resource and disturb a registered Native American sacred site, which is in direct violation of, and inconsistent with the City's General Plan and the Coastal Land Use Plan; and 6) That the proposed alternative cooling options are incompatible and inconsistent with the City's land use designations and zoning ordinances; and 7) That two of the proposed alternative cooling options, depending on their location, would be in an environmentally sensitive area, which would be in direct violation of the City's General Plan, Municipal Code and the Coastal Land Use Plan; and 8) That the proposed alternative cooling options would negate the need for the proposed project to be coastal dependent and therefore be inconsistent with the City's zoning and coastal land use plan designation of Coastal Dependent Industrial that applies to the project site. ® Resolution No. 20-02 Page Three NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows: 1) That the above recitations are true and correct and constitute the findings of the Council in this matter; and 2) That the City finds that the alternative cooling option methods set forth in the CEC Staffs draft report would adversely affect the City's beauty and uniqueness and would cause or exacerbate adverse affects on visual, noise, air quality, health, socioeconomic, hazardous materials, traffic and transportation and other local natural resources compared to the proposed project. 3) That the alternative cooling options set forth in the draft CEC Staff Report are inconsistent with many Laws, Ordinances, Regulations and Standards and that an override cannot be met. ® PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the I 1 `s day of March 2002, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None ABSTAIN: None ATTEST: ® RESOLUTION NO.19-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND DENYING SILVER CITY MOBILE MANOR'S REQUEST FOR RENT INCREASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on the I Ith day of February 2002, the City Council of the City of Morro Bay did hold a duly noticed public hearing to consider the application of Silver City Mobile Manor's request for a rent increase pursuant to Morro Bay Municipal Code section 5.32; and WHEREAS, at said public hearing, after considering the staff report, and the testimony of all persons wishing to testify, the City Council did make the following findings: 1. That a hardship exception does not exist pursuant to Morro Bay Municipal Code §5.32.100; 2. That applicant has failed to establish that it is unable to make a just and reasonable return on his property; and ® 3. That after considering all of the factors set forth in Morro Bay Municipal Code §5.32.150, the Council finds that a rent increase is not warranted. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above -recitations are true and correct and constitute the findings of the Council in this matter; and 2. That the Council does hereby deny Silver City Mobile Manor's request for a rent increase pursuant to Morro Bay Municipal Code §5.32. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the l lth day of March 2002, by the following vote: APES: Anderson, Crotzer, Elliott, Peirce, Peters WOES: None ABSENT: None o er nderson, Mayor ATTEST: Bridgett Ba ter, City Clerk ® RESOLUTION NO.18-02 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL. CITY O F MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by. the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law: and WHEREAS, one the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract: and ® WHEREAS, the following is a statement of the proposed change: To provide Section 21362.2 (3% @ 50 Full formula) for local police members only. NOW, THEREFORE BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 1 It' day of March, 2002, by the following vote: AYES: NOES: ABSENT: Anderson, Crotzer, Elliott, Peirce, Peters None None ATTEST: BRIDGE BAUER. City Clerk �A O R ANDERSON. Mavor ® CITY COUNCIL RESOLUTION NO.17-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2001-2002 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis: and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted'the original Operating and Capital Improvement Budgets on June 25, 2001 by adoption of Resolution No. 40-01: and ® WHEREAS, the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 1 I th day of March, 2002, by the following vote to wit: AYES: Anderson, Elliott, Peirce NOES: Crotzer, Peters ABSENT: None BRID ETT BAUER. City rk C E wa C U Q 0 v 0 0 0 0 o ono o1l O v O P m O N O Q W W N N Vf` W N 1ph m W � W W N W m CI 0 O O O O O O O O O O O O O O �p O N O N t Q O a O r n N W 0 O 0 O 0 O 0 n 0 W 0 O 0 o 0 o m O n f Q O O O N O O N P O O O f p W l7 n I O � t 7 0 0 0 m m m � o N O m N Q N f9 th O O N W f9 i9W 19 19 f9� M �1A Vi �Vfm m Q � m g w LL m m L coN O U = m Q Q 0 > _ N_ m f n p _o m U m o Emym a m m m t] p m MCC = $$ $$ m o B a E E $ 9_ cin'�� m y y j p O N t �j m 9 o Uc m c m O = C m C m n n a s m$ m> g B N O .0 9 U m o a E E E E E E o �� o g o m m o —m m m 0 U m m m 2 m Q c m W O m m C n U u J F m ? g a o a m m t m 0 mJz C $dc o g o 80 Hmz o2' 2o 21 '6 E Omm o L 2 Umc Ucym Q m aom0mmm m: m o ¢mmm> mm _=7:)O_c g8OOm EE a o om8 E m Q Q c O m m a moLLcE' m V O O 2 U 0 a <0 2 m�a==v a a LL LL 0 ` c0 �m=p A LL.. L mm O M ap C C Q Q � O mo0oo$ 00'o `o oTc 10 m�m 0aNaUF�UUDm�U me3m o._omww>>$c >L)L) (L zz>zm U' U' OU2 w0 m p m m m C m w m m m LL Z .2 i m u aci "2= E 2 2 z 2 m $J E _ m mrm m = LG'y mm m Wm Nm mm-m !umA Nu � U� 0 wOOO LL« m 2 2mCE m m >>mm o@ooO i Em f ooa> o 000 >mOUHU U O. O LL m m 0 w K (n U Q J J O U LL U J U J U U U O OO(O tO �OOO W O W OCENC)NNmm�C)�tO O(O �O �O N �NOnOON W S W C) n nn O O O 0�-000000 �w N •-C)•- �C)N� �NiO CI m P c'i C? n �'4444Y44Y44YYYYYY7W'nrnr�qu�u�mmm m T 0000000000000000000 000 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o 0 o w o o a ai of w m m > > mp c map u LL m m m t m m a u m s a o ii dKmU F o dU W m C m O El m E W a dl OI E wa 11 mEl. m J o E N O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O N O t7 O N O N 0 0 0 0 0 0 = c c 15 m E m D aNO c 0 m E W 10 lL _m N a 0 Vl � m 00 0 m w C a °� V i a m E fi C 3 fn c a m m LL m a c o _ c s m — m t0 J a o c'S n a m= c a c a 10 c U W_- m c$ v mm m m Q a s m c m a a m �' c o m K o c F c H a 0 c m u m m u N m m — U D c O L m m« J U m m m nu J L m N L H U U U m Y U N m N SO9 2(� N Z O O O O O O O O O O O O 9 r_ rr ro co ro m A m m o oo m O O O O O O a O a O a O omfnm� O O O O O O O m N m N m N m N m N m N m 0 m N m N m N m N m N m N m W m W m tll m m m m U O m N m b U C � � m r o o mo N 0 N N CI m m W W W W m F a U N a a C/ I D LL 6 O y D Q m O 19 U C � ® C N U Q z. U z a 0 o O o 0 0 o O e O e o e O 00 e o 0 O 0 O O O e O e O o 0 e 0 O 0 o 0 o 0 o 0 0 0 om P m m m m oo$wom w Nw N N N N NNNt9NN m w 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 e O O O O O e 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 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 O H H N H H H H H H H N H N H N H H N H N N NON O N O O m mn m r N w N e o 0 0 0 0 0 0 0 0 0 0 o a o O o 0 0 000 00 00 e o 0 0 0 0 0 0 0 0 0 0 0 o O o e 0 0 0 0 0 0 0 0 0 0 0 0 O e e o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 00000000 0 0000Ow00000 O O O O e O m O O O O o000 O O O O oeoo O O O O ebOOOoao O P O O O O O ClO O m m O O n V 'i m O m O m w m n b h b m N O O O w e m r N N H H H N N H H m H m N t H w N H aN P N x N P w r N r H N (7 N n N f! m n N r N N r H w � 0 a x m m m � � m m 8 a 8 O rc D c ym E Ei 1 — p m > 'm o 8 $ E IL e o �` E v¢ U o E LL O Q < OE V m m s a c p 2 9 m (7 m> vz o U mF@ t m Q D o a E a o v c o m mu m c m ai i s V mC O z C O �j m 3 j� E 0 C m C u g N O N U D c E J MOONS is c O m¢ p E E$ {Up m e � '° m Y m p m o N C m U = Y C o c N E o m 2 m¢ E C p m a J cal a mi�mpk��m�om°om `d m u d s x a a m d oTT o f m"� n m c' m o m zCt P Y u m u Y 4 m m N x W W N 2 m q p= m L O= m m, m O 3 6 d N m 6 7 d' w J U d d LL U LL LL LL U w K K U d S a m m C m K P m r qw m o r o N n O O 1-1mCmI gm OP m 9[7 NnN NmN NrN NN tPN7 wO ; NwN NAm 1 N NNN mmm NNNNN mw w wwwm m w Z w 2 w m N m n v r P r r r r1.2 r r r r r — m r m — r - N w- N ci 0 f N U w ® RESOLUTION NO. 16-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO EXTEND AND AMEND LEASE OF PUBLIC SERVICES BUILDING LOCATED AT 590 MORRO BAY BLVD., MORRO BAY, CALIFORNIA The City Council. City of Morro Bay, California WHEREAS, the City's Public Services Building formerly located at 535 Harbor Blvd., Morro Bay was damaged due to a fire and a temporary space was needed for the relocation of the Public Services Building; and WHEREAS, the City entered into a Lease Agreement with the owners of property at 590 Morro Bay Blvd., Morro Bay, to provide temporary space for the City's Public Services Building until an alternative site was found; and WHEREAS, the terms of the lease was for two -years, commencing on April 1, 2000 and terminating on March 31, 2002; and WHEREAS, an alternative site has been found and an extension to the lease is ® needed to complete the final arrangements for the relocation of the Public Services Department; NOW, THEREFORE, be it resolved that the City hereby approves the attached Agreement to Extend and Amend Lease for the property at 590 Morro Bay Blvd., Morro Bay. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 25 h day of February, 2002, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None ABSTAIN: None Ro er And rson, Mayor ATTEST: BRIDGETT AUER, CITY CLERK ® RESOLUTION NO.15-02 RESOLUTION PROHIBITING ON -STREET PARKING ON PORTIONS OF QUINTANA ROAD BETWEEN MAIN STREET AND MORRO BAY BOULEVARD 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 as such the City has been able to secure grant funds for bike lane installation and pavement rehabilitation; 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, installation of Class II bike lanes would therefore necessitate the prohibition of on -street parking along portions of the roadway; and WHEREAS, it is in the public interest to install the bike lanes; and WHEREAS, the City Engineer has prepared designs for the bike lanes which include identification of areas for on -street parking prohibition. 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 portions of Quintana Road between Main Street and Morro Bay Boulevard as follows: - the south side from a point approximately 700 feet east of Main Street (end of prohibition established by Resolution No. 25-01) extending westerly to Kennedy Way; and - the'north side starting at Morro Bay Boulevard extending a distance of approximately 600 feet to the start of an area of existing prohibition. 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 25" day of February, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: RODGER ANDERSON, Mayor BRIDGETT B ER, City Clerk ® RESOLUTION NO.14-02 RESOLUTION PROHIBITING ON -STREET PARKING ON THE EAST SIDE OF MAIN STREET FROM ELENA STREET SOUTH TO PICO 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 identity Main Street as a regionally - significant bicycle route; and WHEREAS, in its current geometric configuration, the developed Main Street 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, to also to increase vehicle sight distance for the properties along this street segment; prohibition of parking along the east side of the street is appropriate; and WHEREAS, City Police -Code Enforcement has requested "no parking" signs to assistance in addressing identified problems with cars -for -sale being parked on 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 east side of Main Street from Elena Street south to Pico 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 25' day of February, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: RODGER ANDERSON, Mayor BRIDGETT BOUER, City Clerk RESOLUTION NO. 13-02 ® 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 2002; 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 and lack of response from Charter regarding the draft agreement and list of City requested items for inclusion in said agreement, negotiations cannot continue until the City receives said response resulting in consideration of approving a new franchise agreement or review of the consultant reports regarding Charter's renewal proposal and the technical evaluation not occurring 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 25th day of February 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None �/FG/RL^DERSONN, Mayor ATTEST: ® BRIDGETTJAUER, City Clerk RESOLUTION NO. 12-02 ® A RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION SECTION 5311 CAPITAL ASSISTANCE GRANT TO PURCHASE ONE (1) WHEELCHAIR ACCESSIBLE TROLLEY AND ONE (1) NEW REPLACENIENT CONIPUTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) programs transit projects through the Federal Transit Administration's (FTA) Section 5311 program where funds are allocated to the San Luis Obispo region for rural transit projects, and for which SLOCOG has the sole responsibility to set priorities among local requests; and WHEREAS, total funds of S267,404 would be available for rural transit projects in San Luis Obispo County; and WHEREAS, in August 2001, the City submitted to the SLOCOG requests for FTA Section 5311 transit grant funding for the purchase of one (1) new wheelchair accessible trolley, one (1) new replacement computer, and one (1) new paratransit vehicle; and ® WHEREAS, the SLOCOG Board at its December 5, 2001 meeting adopted three projects in the San Luis Obispo County Program of Projects as follows: one replacement vintage trolley and one replacement computer (combined as one project) for the City of Morro Bay, two replacement fixed route buses for the City of Paso Robles, and one replacement fixed route bus for the City of Atascadero; and WHEREAS, the SLOCOG Board at the same meeting adopted a resolution certifying the projects were consistent with the Regional Transportation Improvement Plan (RTIP) and approved integration of the new projects in the Federal Transportation Improvement Program (FTIP); and WHEREAS, City staff was notified from the State of California Department of Transportation District 5 office that the City must submit applications for the FTA Section 5311 transit grant funds by the end of February 2002 for approval by the California Transportation Committee in April or May 2002; and WHEREAS, the project cost for the purchase of a new wheelchair accessible trolley and replacement computer is�estimated to be S122,800, of which eighty percent (80%) would be funded under the Section 5311 program; and WHEREAS, the City's local matching funds in the amount of S24,560 will be requested in the Transit Budget for the 2002/2003 fiscal year budget. ® NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City Manager submit to the State of California Department of Transportation a grant application for the purchase of one (1) new wheelchair accessible trolley and one (1) new replacement computer for the transit division. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of February 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None E u V�bl)Aff-AftkSONI, Mayor ® RESOLUTION NO.11-02 APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND 725 EMBARCADERO LLC — DOUG REDICAN SOLE MANAGER FOR LEASE SITE 82-85/82R'-85W LOCATED AT 725 ENIBARCADERO THE CITY COUNCIL Cihv of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of property on the Morro Bay waterfront described as Lease Site 82-85/822\\'-85W: and. WHEREAS, Rose's Landing. Inc. is the current lessee on said lease site since operating on out -dated County lease: and. WHEREAS, CUP72-00 has been issued for remodeling of the leased area; and. WHEREAS, the City and Doug Redican, Manager and sole member; of 725 Embarcadero. LLC desire to terminate the existing County lease to be replaced by a new fortyear lease effective March 1, 2002 to provide for redevelopment of Lease Site 82-85/82 W-85 W. 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 8\\'2-85/82W-85W between the City of Morro Bay and 725 Embarcadero. LLC is hereby approved. BE IT FURTHER RESOLVED, that the Vice -Mayor is hereby authorized to execute said lease aareement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 11 `h day of February. 2002 by the following vote: y AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: Anderson VICE -MAYOR ® BRIDGE AUERCITYCLERK G7��i74j1[�7►�i;[+li[�IIY� ® 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 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 regular meetings on March 26, July 9, and October 8, 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 December, 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: Geographic Information System: $ 90,000 - Supply: Flippo's Well Irrigation Equipment: 40,000 - System Reliability: High School Pumping Line Replacement 70,000; and WHEREAS, at a regular meeting held on February 11, 2002 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 11'h day of February, 2002 by the following vote: AYES: Anderson, Crotzer, Elliott, NAYES: None ABSENT: None ABSTAIN: None ATTEST: r .►,. U p BRIDGET�SAOER, City Clerk Peirce Peters A�L,a/�, R AN ERSON, Mayor ® RESOLUTION NO.09-02 APPROVAL OF AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S ACKNOWLEDGEMENT, CONSENT, AND AGREEMENT LEASE SITE 89/89W LOCATED AT 845 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the Lessor of property known as Lease Site 89/89W located at 845 Embarcadero; and, WHEREAS, Josef Steinmann is the lessee of said property; and, WHEREAS, Mr. Steinmann is obtaining construction loan financing to make improvements on said property; and, WHEREAS, Mid -State Bank, Mr. Steimann's lender, is requesting approval of an agreemnt to provide them certain rights under the lease agreement; and, . WHEREAS, the City Attorney has reviewed and approved the attached agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that ®the Agreement Regarding Deed of Trust: Lessor's Acknowledgement, Consent and Agreement for Lease site 89/89W is hereby approved and that the Vice -Mayor is hereby authorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the I I `h day of February 2002, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: Anderson &a 4A \16a�.2�/ BRIDGETT AUER, CITY CLERK El WILLIAM PEIRCE, VI 'MXYOR RESOLUTION NO. 08-02 AUTHORIZING EXECUTION OF A CONTRACT WITH MANSON CONSTRUCTION FOR DREDGING OF THE CITY MOORING AREA, AND AUTHORIZING ADDITIONAL FUNDING FROM THE GENERAL FUND TO COMPLETE THE MOORING AREA DREDGING PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 1994 the City Council made dredging of the City mooring area as a high priority project; and, WHEREAS, in 1995 funding was set aside in a Harbor Fund Capital Project account for Mooring Area Dredging, and, WHEREAS, in 1998 the City received five year permits for maintenance dredging of the City mooring area; and, WHEREAS, Manson Construction was awarded a contract with the ACOE to dredge the federally designated entrance and navigational channels in Morro Bay in October 2001; and, WHEREAS, Manson Construction has agreed to enter into a contract to dredge the City mooring area at a cost of $5.00 per cubic yard, and, WHEREAS, according to surveys it optimal dredging of the area will exceed the funding ® remaining in the Mooring Area Dredging Project account; and, WHEREAS, the dredging operations may temporarily displace some City mooring holders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute a contract with Manson Construction for dredging of the City mooring area; and BE IT FURTHER RESOLVED, that the Finance Director is hereby authorized to provide additional funding up to S110,000 in General Fund monies as.a no interest loan to the Harbor Fund to complete the mooring area dredging project; and, BE IT FURTHER RESOLVED, that Harbor Department staff is hereby authorized to grant mooring rent credits or waivers up to three months to those mooring holders displaced by the dredging PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28" day of January, 2002 by the following vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: None ABSENT: Elliott i f,F;?0G,VrANDERSON, MAYOR BRIDGETT BM IER, CITY CLERK RESOLUTION NO. 07-02 APPROVAL OF AN OPERATING AGREEMENT FOR THE STATE PARK MARINA, WITHIN MORRO BAY STATE PARK BETWEEN THE CITY OF MORRO BAY AND THE CALIFORNIA STATE PARKS AND RECREATION DEPARTMENT THE CITY COUNCIL City of Morro Bay, California t WHEREAS, the California State Parks and Recreation Department owns and operates the Morro Bay State Park and the State Park Marina located therein: and. WHEREAS, the State Park Marina is in danger of becoming inaccessible due to extreme shoaling. and. WHEREAS, the California State Parks and Recreation Department and the City of Morro Bay have proposed the City operate the Marina in an effort to manage a dredging feasibility study for the State Park Marina on behalf of the California State Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the attachedOperatingAgreement for the State Park Marina within Morro Bay State Park. between the California State Parks and ® Recreation Department and 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 28`h day of January. 2002, by the following vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: None ABSENT: Elliott 11 RESOLUTION NO. 06-02 RESOLUTION APPROVING THE COMMERCIAL PROPERTY PURCHASE AGREEMENT AND REAL ESTATE COUNTEROFFER AND SALE AGREEMENT FOR CITY -OWNED 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, Morro Bay California , more specifically described as a church facility building on the southwest corner of Morro Avenue and Beach Street in Morro Bay California on April 14, 2000 for $329,000.00; and WHEREAS, said property was purchased for a parking lot and a possible future site of a City youth center. The City has decided that alternative sites will be considered for the parking lot and the City youth center; and WHEREAS, pursuant to Government Code section 37350, the City wishes to sell City - owned real property located at 1055 Morro Avenue, Morro Bay California for the common benefit of its citizens; and WHEREAS, pursuant to Government Code section 37421, and Resolution 68-01, the City notified its Citizens of its intention to sell City -owned property located at 1055 Morro Ave., Morro Bay; and ® WHEREAS, the real property at 1055 ,Morro Avenue, Morro Bay was designated for sale at the Open Session Council Meeting on November 13, 2001 after receiving no protests; and WHEREAS, the City has negotiated the attached Real Estate Sale Agreement with the Buyer of the property for $435,000.00; and NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby approve the attached Commercial Property Purchase Agreement and Real Estate Counteroffer and Sale Agreement of the City -owned real property located at 1055 Morro Avenue, Morro Bay California. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 28th day of January 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Peirce, Peters None Elliott None S/nvs/cmbcty admcn/Reso SaleProp.020129. x REAL ESTATE COUNTEROFFER AND SALE ® AGREEMENT The following terms and conditions are hereby incorporated in and made a part of the Commerical Property Purchase Agreement executed by Mr. Matt Gullage and received by City of Morro Bay dated December 27`s, 2001., The Seller accepts all of the terms and conditions in the above described agreement with the following changes or amendments. This Agreement, by and between, Mr. Matt Gullage (hereinafter called "Buyer"), and the CITY OF MORRO BAY, (hereinafter "Seller"), a municipal corporation, whereby the Seller hereby agrees to sell and convey and Buyer hereby agrees to purchase that certain real property and all improvements located thereon situated ai 1055 Morro Ave., Morro Bay, County of San Luis Obispo, California, pursuant to the following terms and conditions. / J' Oeo ree/��N 1. The Purchase Price for the Premises shall be'$458;9f) , wluch the Buyer ags to y 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. Upon mutual execution of this Contract, the parties shall execute escrow instructions to the escrow holder in accordance with the terms and provisions hereof. The provisions hereof shall constitute joint instructions to the escrow holder; provided, however, that the ® parties shall execute such additional instructions as requested by the escrow holder not inconsistent with the provisions hereof. Said escrow shall provide for a closing on or before April 17, 2002, Buyer and Seller shall immediately execute said instructions. 3. All real estate transfer, documentation and closing costs shall be.paid by the Buyer. 4. As soon as reasonably possible following the opening of the escrow, Seller shall pay for and famish 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 Title Insurance to be issued in favor of Buyer and if not eliminated, then the escrow shall be canceled 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. 5. Unless otherwise designated in the escrow instructions of Buyer, title shall vest as ® follows: Mr. Matt Gullage, Individual REAL ESTATE COUNTEROFFER AND SALE AGREEMENTPAGE 1 OF 3 6. Within ten (10) calendar days from the date of the Buyer's acceptance, Seller shall ® fiunish 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 oreorrective work is recommended in such report (Section 1 or Section 2) the same shall be done at Buyers option at Buyer's expense, and Seller shall have no responsibility for the same. 7. 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 propem . 8. Seller hereby discloses that there is some dry rot on a portion of the siding on the building on the north side, and roof leakage at the southeast side. Buyer is advised to investigate such conditions. 9. Within twenty (20) calendars days after Buyers 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 thirty (30) calendar days after Buyers acceptance. 10. Buyer and Seller agree that.fixtures and fittings attached to the property, including but not limited to, window shades, built-in and attached appliances, light fixtures, plumbing fixtures, curtain rods, wall-to-wall carpeting, draperies, hardware, TV antenna, ® air coolers and conditioners for which special openings have been made, trees, shrubs, mailbox and other similar items, if applicable, are included.. Seller shall maintain in good condition the subject real and personal property, if any, until the date of transfer of title or possession by Buyer, whichever occurs first. 11: 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 an} 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. 12. 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. 13. Possession shall be delivered to Buyer on close of escrow. 14. The Contract resulting from Buyers acceptance hereof supersedes any and all Offers except those referenced in this agreement. Neither Buyer nor Seller shall be bound by any understanding, offer, promise, representation, or stipulation, express or implied, not specified herein. 15. Any addendum attached hereto and either signed or initialed by the parties shall be ® deemed as a part hereof. REAL ESTATE COUNTEROFFER AND SALE AGREEMEN-rPAGE 2 OF 3 16. Upon close of Escrow, Buyer agrees to pay compensation for services of two and one ® half percent (2 %z %) of purchase price.to Bayshore Realty, Buyers Broker. Said commission shall not be part of the purchase price set forth in paragraph one. E E 17. Buyer shall deposit into escrow the amount of $5.000.00 money and said deposit shall be forfeited to seller after 20 days of buyer's acceptance of offer. Said amount to be credited towards the purchase price set forth in paragraph one. 18. There shall be no Loan and/or Appraisal Contingency as forth in 2. I and L.of the offer. y 19. Unless acceptance of offer is signed by Buyer, and a copy of the signed offer is personally received by the Seller by January 14. 2002 at 5:00pm, the offer shall be deemed revoked. Seller has the right to continue to offer the property for sale and to accept any other offer at any time prior to communication of acceptance as above. This counteroffer is subject to final approval by the City Council at the City Council meeting on January 28,2002. Mr. Matt Gullage Individual By: Matt Gullage Address: 540 Walnut Morro Bay, CA 93442 Telephone: (805) 772-4958 SELLER: CITY OF MORRO BAY BY: //��� Robert Hendrix, City Manager 595 Harbor Street Morro Bay, CA 93442_ Telephone: (805) 772-6200 ulrealenate iemffermld=twgme REAL ESTATE COUNTEROFFER AND SALE AGREEMEN'TPAGE 3 OF 3 COMMERCIAL PROPERTY PURCHASE AGREEMENT, ® CALIFORNIA AND JOINT -ESCROW INSTRUCTIONS ASSOCIATION _ (AND RECEIPT FOR DEPOSIT, OF REAL.TORS8 "(NON-RESIDENTIAL) ® _Ay (C.A.R. Form CPA-11, Revised 4101) Date 1. 2. VI Cefdorr a. OFFER ' I v A TH1S IS AN OFFER FROM f r' l P 1 I 6v I 1G? 4 Q �uyerj. tX Individual(s), ❑ A Corporation, ❑ A Partnership, ❑ AYILLC, ❑ An LLP, or ❑ Other B. THE REAL PROPERTY TO BE ACQUIRED 's described as i �J 5—S kl, n ♦-Y., A%/ t " Assessor's Parcel Na - situated in Canty of California, (Property)- , y.5-1-o C. THE PURCHASE PRICE offered is ' O U l— 117 (rn o(Y,- Dollars $ �- a S O 0 c p�,�.,, D. CLOSE OF ESCROW shag occur Days Days After Acceptance(or ❑ on (daze)). FINANCING: Obtaining the loafs below is a contingency of this Age rrarR unless: () other 21 or 2J is U1eded below or On otherwise agreed Buyer shag act diligently arid in good Wh t1 obtan the designated bars Obta ni g deposd, down payment and dosing costs is not a corifinrgency. A BUYER HAS GIVEN A DEPOSIT TO THE AGENT SUBMITTING THE OFFER...............................S s o (or to ❑ ), made payable to G (if <- 4 70 by Personal Check, or ❑ . / which shall be held uncashed until Acceptance and then deposited within 3 business days after Acceptance or ❑ - [5!1: with Escrow Holder, ❑ into Broker's - bust account or ❑ Buyer represents that funds will be good when deposited with Escrow Holder. - B. INCREASED DEPOSIT shall be deposited by Buyer with Escrow Holder within _ Days After Acceptance, .........5 or ❑ C. FIRST LOAN PNTHE AMOUNT OF.................................................................................$ _ O o a NEW First Deed of Trust in favor of,0, LENDER, ❑ SELLER, OR ❑ ASSUMPTION of (or ❑ 'subject tot Existing First Deed of Trust encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % initial adjustable rate with a maximum interest rate cap of - 5'0, balance due in ' years, amortized over years. (If checked: ❑ and with a margin not to exceed %, tied to the following inde)c .) Buyer shall pay loan feestpoints not to exceed Additional terns: D. SECOND LOAN IJTHE AMOUNT OF............................................................................... NEW Second Deed of Trust in favor of ❑ LENDER, ❑ SELLER, OR ❑ ASSUMPTION of (or ❑ 'subject to') Existing Second Deed of Trust encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % initial adjustable rate with a maximum interest rate cap of %, balance due in years, amortized over years. (If checked: ❑ and with a margin not to exceed %, tied to the following index .) Buyer shall pay loan feestpoints not to exceed Additional terns: E. ADDITIONAL FINANCING TERMS: ............................................................... F. BALANCE OF PURCHASE PRICE (not Including costs of obtaining bars and other dosing costs). to be deposited with .......... �'JT re e Escrow Holder within sufficient time to close escrow. _ - G. TOTAL -PURCHASE PRICE ....................... .............. - ..........$ -Z.1 G.^O F- H. LOAN CONTINGENCY shag remain in effect unit the designated bars are funded or assumption of existing funancug is approved by lender (or f:) _Days) K AllerAcceptance, by which time Buyer shag give Seger written notice of Buyers election to cancel this Agreement d Buye is unable to obtain the designated bars If does not give Seger such notice, the contingency d obtaining the designated bars shag be removed by the method specified in paragraph 15. i ® A L yl O LOAN CONTINGENCY., (If dnecked) Obtain'vg any ban in paragraphs 2C, 2D, 2E or elsewhere b this Agreement is NOT a contilgency of this Agreement �AY I 1� does not obtain the ban(s), and as a result Buyer does not pun3nase the Property, Seger may be entiyed to Buyers deposit or other legal remedies. The copyright laws of tie Un@ed Statss (Trle 17 U.S G_Se) ,,bid m-- Buyer and Seller ackn e e ipt of a copy of this page. unauthorized r=_producion of this form, or arty pciton ^,;rc, by pnctoccpy 5 r/�/�'( -- Buyer's Initials / ( 1 ' machine or any eftnar moans, including =csimil=_ or comwttsrize; fern: s. CopyrightO 1993-2001, CALIFORNIA ASSOCIATICN OF rF_ALTG `J, IINC. Sellers Initials ( )( ) caiiakm)(M ALL RIGHTS RESERVED. Reviewed by -- Property Address: /03-S !/LlnYY� Date: /1 2 — o J. ❑ ALL CASH OFFER: Of dtedk4 No ban is needed to putChase the Pmperty. Buyer shall, Attun 5 (or G )Days AfterAcceptan . pravide t-eAefwniten verification of sufficient funds to dose this transaction. Sager maycartcel this Agreement in wrtbng within 5 Days After. () tine to provide venice5on expires, i Buyer fails to provide veri c0oh, or (ti) receipt of verification, if Seger reasonably disapproves it K LOAN APPLICATIONS; PREOUALIFICATION: Wihn 5 (or ❑ O 1 Days After Acceptance, Buyer shall provide Seller a letter from lender or mortgage ban broker statug that based on a review of Buyer's written app5i and credt report Buyer is prequaffie7 for the NEW loan(s) it drbed above. If Buyer fags to provide such letter wtt -m that time, Seger may cannel this Agreamant in w t ig. L WPRAISAL CONTINGENCY: Of dtedcec�This Agreament is cornftgent upon Property appraising at no less than the specified total purchase price. if there is a loan contingency, the appraisal contingency shall remain in effect until the loan contingency is removed. If there is no loan contingency, the appraisal contingency shall be removed within 10 (or ❑ _) Days After Acceptance. M. SELLER FINANCING: For any Seller financing designated above, Buyer is to execute a note secured by a deed of trust in favor of Seller, on the terms and conditions set forth in the attached addendum (C.A.R. Form SFA-11). N. ASSUMED OR 'SUBJECT TO" FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 15, provide copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, within the time specified in paragraph 15, provide Seller with notice, if any, as specified in paragraph 15. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, if any, shall be assigned and charged to Buyer, and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. If Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. 3. CLOSING AND OCCUPANCY I o5e A. Possession and occupancy, subject to the rights of tenants under existing leases, shall be delivered to Buyer at �` 9PPM, on the date of Close Of Escrow, ❑ on , or ❑ no later than - Days After Close Of Escrow. B. At Close Of Escrow, Seller assigns to Buyer any assignable warranty rights for items included in the sale and shall provide any available copies of such warranties. Brokers cannot and will not determine the assignability, of any warranties. C. At Close Of Escrow, uNess otherwise agreed in writing, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms and garage door openers. If Property is a unit in a condominium or other common interest subdivision, Buyer may be required to pay a deposit to the Owners' Association (°OA") to obtain keys to accessible CA facilities. 4. ALLOCATION OF COSTS (If checked): If any of the inspections or reports in paragraph 4A, B. C and D are checked, then with regard to that item, - Buyer shall have approval, removal and cancellation rights, and obligations as specified in paragraph 15. INSPECTIONS AND REPORTS ®A. ❑ , Buyer ❑ Seller shall pay for sewer connection, if required by Law prior to Close Of Escrow. AIA B. ❑ Buyer ❑ Seller shall pay to have septic or private sewage disposal system inspected. A 14 C. ❑ Buyer ❑ Seller shall pay to have domestic wells tested for water potability and productivity, . D. ❑ Buyer I%CSeller shall pay for a natural hazardzonedisclosure report prepared L�— L, i-r-=-7—n.c GOVERNMENT REQUIREMENTS AND RETROFIT E. '9 Buyer ❑ Seller shall pay for smoke detector installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer a written statement of compliance in accordance with state and local Law, unless exempt. F. ❑ Buyer,K Seller shall pay the cost of compliance with arty other minimum mandatory government retrofit standards, inspections and reports if required as a condition of dosing escrow under any law. ESCROW, TITLE AND OTHER COSTS - G. 9 Buyer ❑ Seller shall pay escrow fee. Escrow Holder shall be i L r c uc H. ❑ Buyer Seller shall pay for owner's titre insurance poiicy.specified in paragraph 14. Owners title policy to be issued by (1, r G c S f ;'W), (Buyer shall pay for any title insurance policy insuring Buyer's Lender, unless otherwise agreed.) I. i& Buyer ❑ Seller shall pay County transfer tax or transfer fee. J. ❑ Buyer ❑ Seger shall pay City transfer tau or transfer fee. 4" - K. ❑ Buyer ❑ Seller shall pay Owners' Association transfer fees./f1 L. ❑ Buyer ❑ Seller shall pay Owners' Association document preparation fees. /A 5. SELLER DISCLOSURES: Within the time specified in paragraph 15, Seller, shall provide to Buyer, in writing, the following disclosures and information. Buyer shall then, within the time specified in paragraph 15, investigate the disclosures and information, and provide Seller with notice, if any, as specified in paragraph 15. A. NATURAL HAZARD ZONE: Special Flood Hazard Areas; Potential Flooding (Inundation) Areas; Very High Fire Hazard Severity Zones; State Fire Responsibility Areas; Earthquake Fault Zones; Seismic Hazard Zones, or any other federal, state, or locally designated zone for which disclosure is required by Law. B. PROPERTY DISCLOSURES AND PUBLICATIONS: Earthquake Guide (and disclosures), if required by Law, and Environmental Hazards Booklet C. STRUCTURAL MODIFICATIONS: Any known structural additions or afterations to, or the installation, alteration, repair or replacement of, ® significant components of the structure(s) upon the Property. TF copyrght !a -.vs cf ira Unit=_d Stf=_s (! I:;a 1; U.S. Cod=_) t_rd u:a Buyer and Seller ackno receipt of a copy of this page. _r :ai=ed r_p; _c_ctia. _t si> ;arm, sr any pc. _.a;sci m.. c„ciccc; /L� ",-tuna or a -- moans, ilud'rc tacaslm!Is uc cornpucaesd formal. Buyer's Inals _ + ( ) Cgryrieht tG �_G i, CALI-CRNIA F3SOC!:;TiON 0= a= LTG-50O, INC Seller's Initials ILL RIG!:TS R_Sc-�cJ. orramonm CPA-11 (PAGE 2 OF 10) Reviewed by v v v v ® m V7 ® ® %7 ® 1W 0 ® m m mv property Address: % O �_ kv, ,Y,6 Date: — D. GOVERNMENTAL COMPLIANCE: Any improvements, additions, alterations, or repairs made by Seller, or knavn to Seller to ha a been made, without required governmental permits, final inspections, and approvals. E. VIOLATION NOTICES: Any notice of violations of any Law filed or issued against the Property and actually known to Seller. F. MISCELLANEOUS ITEMS: Any of the following, if actually known to Seller: (I) any current pending lawsuit(s), investigation(s), inquiry(ies), action(s), or other proceeding(s) affecting the Property, or the right to use and occupy it; (if) any unsatisfied mechanic or materialman lien(s) affecting the Property; and (ill) that anytenant of the Property is the subject of a bankruptcy. G. ❑"(if checked) CONDOMINIUM/COMMON INTEREST SUBDIVISION: Property is a unit in a condominium, or other common interest subdivision. Seller shall request from the OA and, upon receipt, provide to Buyer: (1) Copies of any documents required by Law; (if) disclosure of any pending or anticipated claims or litigation by or against the OA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of OA minutes for regular and special meetings, if available; and (v) the names and contact information of all OAs governing the Property. H. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports received by Buyer. 6. SELLER DOCUMENTATION: Within the time specified in paragraph 15, Seiler shall provide Buyer the following information. Buyer shall then, within the time specified in paragraph 15, investigate the information and provide Seller with notice, if any, as specified in paragraph 15. A. SURVEYS, PLANS AND ENGINEERING DOCUMENTS: Copies of surveys, plans, specifications, and engineering documents, if any, in Seller's possession or control. B. RENTAL SERVICE AGREEMENTS: (1) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; and (ff) a rental statement including names of tenants, rental rates, period of rental, date of last rent increase, security deposits, rental concessions, rebates, or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any concession, rebate, or other benefit, except as set forth in these documents. C. INCOME AND EXPENSE STATEMENTS: The books and records, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business, and used by ® Seller in the computation of federal and state income tax returns. . D. ESTOPPEL CERTIFICATES: Tenant Estoppel certificates completed by Seller or Sellers agent, acknowledging: (I) that tenants'rental or lease agreements are unmodified and in full force and'effect (or if modified, stating all such modifications); (fi) that no lessor defaults exist; and (ill) the amount of any prepaid rent or security deposit. Tenant Estoppel certificates shall be signed by each tenant or, if a tenant does not sign, by Seller or Sellers agent, who shall indicate whether or not the signature is binding upon the tenant. E. PERMITS: If in Sellers possession, copies of all permits and approvals concerning the Property, obtained from any governmental entity, including, but not limited to, Certificates of Occupancy, Conditional Use Permits, Development Plans, and licenses and permits pertaining to the operation of the Property. 7. ❑ (If checked) ENVIRONMENTAL SURVEY: Within _ Days After Acceptance, Buyer shall be provided a phase one environmental survey report paid for and obtained by Buyer, ❑ Seller. Buyer shall then, within the time specified in paragraph IS, provide Seller with notice, if any, as specified in paragraph 15. - - B. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may only engage in the following acts ('Proposed Changed subject to Buyers rights in paragraph 8B: (I) rent or lease any vacant unit or other part of the premises; (Iq alter, modify, or extend any existing rental or.lease agreement; (ill) enter into, alter, modify or extend any service contrac(s); or (iv) change the status of the condition of Property. B. Seller shall give written notice to Buyer of any Proposed Changes. Buyer shall, within the time specified in paragraph 15, provide Seller with notice, if any, as specified in paragraph 15, and if Buyer disapproves, Seller shall not make the Proposed Changes. 9. CONDITION OF PROPERTY: A. Unless otherwise agreed, (I) Property is sold (a) in its PRESENT physical condition on the date of Acceptance and (b) subject to Buyer Inspection rights; (if) Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (ill) all debris and personal property not included in the sale shall be removed by Close Of Escrow. _ B. SELLER SHALL DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AND MAKE OTHER DISCLOSURES REQUIRED BY LAW. C. Buyer has the right to inspect the Property and, based upon information discovered in those Inspections, may reasonably request that Seller make Repairs, corrections or take other action as specified in paragraph 15. - D. Note to Buyer: You are strongly advised to conduct Inspections of the entire Property in order to determine its present condition since Seller may not be aware of all defects affecting the Property or other factors that you consider important Property Improvements may Is E. be built according to codes or in compliance with current Law, or have had permits issued. E. Note to Seiler: Buyer may request that you make certain Repairs and, in the event you refuse or are unable to make those Repairs, Buyer may cancel this Agreement as specified in paragraph 15. Tr.._ cccyrcht laws oi the Una-_ Stat-- MT. - 17 U.S. Corr-) fc ti_ frs Buyer and Seller ackn e receipt of a copy of this page. un-au�orizad reprr'-:iecti•,;, cf this I=, cr any oc-non th-:acf, ay ohotccx^! Buyers Initials machine or ary o tar means, irduding facsimile or cemcutzdzed formats. I -. Sellers Initials C3,ynght9 ie93%a�1, CALIFORNIA AcgCCLS�!ON O;=ca,�GRsa. INC. Property Address: %O>> //42_kyy IVY _- Date: ® 10.. FIXTURES AND PERSONAL PROPERTY: A. ITEMS INCLUDED IN SALE: All EXISTING fixtures and fittings that are attached to the Properly are INCLUDED IN THE PURCHASE PRICE (unless excluded in paragraph 10C below), and shall be transferred free of liens and without Seller warranty. Items to be transferred shall include, but are not limited to, existing electrical, mechanical, lighting, plumbing and heating fixtures, fireplace inserts, solar systems, built-in appliances, window and door screens, awnings, sht tiers, window coverings, attached Floor coverings, television antennas, satellite dishes and related equipment, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, attached fireplace equipment, mailbox, in -ground landscaping, including trees/shrubs, and (if owned by Seller) water softeners, water purifiers and security systems/alarms- B. ADDITIONAL ITEMS INCLUDED: A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price, shall be delivered to Buyer within the time specified in paragraph 15. Buyer shall then, within the time specified in paragraph 15, provide Seller with.notire, if any, as specified in paragraph 15. Seller shall deliver title to the personal property by Bill of Sale, free of all liens and encumbrances, and without warranty of condition; As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and any insurance proceeds. C. ITEMS EXCLUDED FROM SALE: 5 Within the time specified in paragraph 15, Seller shall give Buyer a list of fixtures not owned by Seller. Buyer shall then, within the time specified in paragraph 15, provide Seller with notice, if any, as specified in paragraph 15. . 11. BUYER'S INVESTIGATION OF PROPERTY CONDITION: Buyer's acceptance of the condition of, and any other matter affecting, the Property is a contingency of this Agreement, as specified in this paragraph and paragraph 15. Buyer shall have the right at Buyer's expense, unless otherwise agreed, to conduct inspections, investigations, tests, surveys, and other studies ('Inspections, including the right to: (1) inspect for lead -based paint and other lead -based paint hazards; and (if) inspect for wood destroying pests and organisms. No Inspections shall be made by any governmental building or zoning inspector, or government employee, without Sellers prior written consent, unless required by taw. Buyer shall complete these Inspections and give any written notice to Seller within the time specified in paragraph 15. At Sellers request, Buyer shall give Seller, at no cost, ® complete Copies of all Inspection reports supporting Buyers written requests. Seller shall make Property available for all Inspections. Seller shall have water, gas and electricity on for Buyers Inspections and through the date possession is made available to Buyer. 12. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Sellers expense may be performed by Seller or through others, provided that work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (1) obtain receipts for Repairs performed by others; 09 prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (ifi) provide Copies of receipts and statements to Buyer prior to final verification of condition. 13. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall: (I) keep Property free and dear of liens; (11) _ indemnity and hold Seiler harmless from all liability, claims, demands, damages and costs arising from Inspections;. and (III) Repair all damages arising from Inspections. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry policies of liability, workers' compensation, and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Inspections or work done on the Property at Buyers direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a Notice of Non Responsibility for Inspections and work done on the Property at Buyers direction. - 14. TITLE AND VESTING: A. Within the time specified in paragraph 15, Buyer shall be provided a current preliminary (title) report, which is only an offer by the title insurer to issue a policy of title insurance, and may not contain every item affecting title. Buyer shall provide written notice to Seller in accordance with and within the time specified in paragraph 15. B. At Close Of Escrow, Buyer shall receive a grant deed conveying title, including oil, mineral and water rights if currently owned by Seller. Title . shall be subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters that are of record or disclosed to - Buyer prior to Close Of Escrow, unless otherwise requested in writing by Buyer and agreed to by Seller within the time specified in paragraph 15. However, title shall not be subject to any liens against the Property, except for those specified in this Agreement. Title shall vest as designated in Buyers supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX ® C. Buyer shall receive a CLTA Policy of Title Insurance, if available for the Property. A title company, at Buyers request, can provide information about availability, desirability, coverage, and cost of various title insurance coverages and indorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in costs. Tr;- cccyright laws ct the Unitad S _tas (Tiifa 17 U.S. Ccda) fcrbid the Buyer and Seller ackn a receipt of a copy of this page. cnar!�,Pnzad reo; a action of ;his orm, or any portion her �f, by phctco y r„Buyers Initiaia achine or aav tmeats, other mea, including facsimile or comm put-rized fC'afs. t Ccoyricht i °-_001, CAJ=C:=i\h ASSOCI",TIOid OF nE„LTORSOI INC. Sellers Initials ALL=IO-'rfis Property Address: / r�- : 14-1nz- A _- Date: / - '1 ®15. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, mcdified or changed by mutual written agreement. A. ORDERING, COMPLETING AND REVIEWING INSPECTIONS AND REPORTS: (1) SELLER HAS: 5 (or ❑ _ ) Days After Acceptance, or as applicable, discovery, to order, request or complete all reports, disclosures and information for which Seller is responsible under paragraphs 2N, 4, 5, 6, 7, 8. 10, and 14. Seller has 2 Days After receipt (or !h n /,{ completion) of any of these items to provide it to Buyer. Buyer has 5 (orn _) Days After receipt of (i) each of the above items and (If) notice of violation of Law under paragraph SE and Proposed Changes under paragraph 8 to review the report, Y disclosure or other information. (2) BUYER HAS: 14 (or ❑O_) Days After Acceptance to complete all Inspections, investigations and review of reports and other applicable information for which Buyer is responsible. B. (1) APPROVAL OR REQUEST: Within the times specified above (or paragraph 2H for loan contingency), Buyer shall provide Seller with either () an unconditional approval and removal of the applicable contingency, or (!I) a reasonable written request that Seller Repair or take other action (or for loan contingency, cancellation if Buyer is unable to obtain the designated loan). (2) EFFECT OF BUYER'S REQUEST: If, pursuant to B(1), Buyer reasonably requests that Seller Repair or take other action, Buyer and Seller have 5 (or FD 1 Days After Settees receipt of Buyers request to reach mutual written agreement on Buyer's request. If (I) Seller has agreed in writing to unconditionally and completely take the action requested by Buyer, or (if) Buyer and Seller have " reached a mutual written agreement with respect to those items, then the transaction. shall proceed on those terms. Seller has no obligation, express or implied, to satisfy Buyer's requests. I 2 i nor has (3) EFFECT OF NO WRITTEN AGREEMENT ON BUYER'S REQUESTS:neither B If, at the expiration of the time in B(2), l)(i) ( rr ) occurred, Buyer has 2 (or O 1 Days to cancel.this'Agreement in writing. C. ACTIVE OR PASSIVE REMOVAL OF CONTINGENCIES AND CANCELLATION RIGHTS: (1) ❑ ACTIVE METHOD (Applies only if checked): (a) (No written request or removal by Buyer) If, within the time specified in A. Buyer does not give Seller written notice pursuant to B(1), Seller may cancel this Agreement in writing. Notwithstanding the expiration of the time specified, Buyer retains the right to give Seller written notice under B7 at any time prior to receiving Settees written cancellation. Once Seller receives Buyer's written request or removal, Seller may not cancel this Agreement pursuant to paragraph C(1)(a). (b) (No written cancellation by Buyer) If, within the time specified, Buyer does not give Seller written notice of cancellation pursuant to B(3), either Buyer or Seller may cancel this Agreement in writing at any time prior to Buyer and Seller reaching mutual written agreement with respect to any requests made pursuant to B(1). (2) PASSIVE METHOD: If, within the time specified, Buyer does not give Seller: (I) a reasonable written request pursuant to Bit) (or for loan ® "contingency, cancellation if Buyer is unable to obtain the designated loan), or (if) written notice of cancellation pursuant to S(3) if no agreement is reached on Buyer's requests, then Buyer shall be deemed, as applicable, to have unconditionally approved and removed the contingency or withdrawn the request and waived any right to cancel associated with the requested item. D. EFFECT OF REMOVAL: If Buyer removes any contingency or cancellation right by the active or passive method, as applicable, Buyer shall conclusively be deemed to have: (f) completed all Inspections, investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (If) elected to proceed with the transaction; and (ili) assumed all liability, responsibility, and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing if the contingency pertains to financing, unless, pursuant to B(2) or elsewhere in this Agreement, Seller agrees to make Repairs or take other action. E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written NOTICE OF CANCELLATION pursuant to rights duty exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits, less fees and costs, to the parry entitled to the funds. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutually, Signed release instructions from Buyer and Seller, judicial decision or arbitration award. A party may be subject to a civil penalty of UP to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code§1057.3). 16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days prior to Close Of Escrow, NOT AS A CONTINGENCY. OF THE SALE, but solely to confirm (I) Property is maintained pursuant to paragraph 9A, (1) Repairs have been completed as agreed, and (Ili) Seller has complied with Seller's other. obligations. , 17. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (I) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (fi) Broker has made no representation concerning the applicability_ of any such law to this transaction,.to Buyer, or to Seller, except as otherwise indicated in this Agreement; (III) Broker(s) has/have made no representation concerning the existence, testing, discovery, nd�von a Buyer and Seller of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property;) are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 18. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act ('ADA) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations.The ADA can require, among other things, buildings to be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker does not have the technical expertise either to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact an attorney, contractor, architect, engineer or ® other qualified professional of his/her own choosing to determine to what degree, if at all, the ADA impacts that principal or this transaction. 19. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the Civil Code. Buyer and Seller ack ledipt of a copy of this page. i 1 0 Buyer's Initials f -r Seller's Initials (/ V 1 PFORMM Reviewed by Property Address: / r 5 ! 14 1 o 'y'r � A t/ Date: / /p 20. LIQUIDATED,DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall ®retain, as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. ' BUYER AND SELLER SHALL SIGN A SEPARATE y� DEPOSIT (C.A.R. FORM RID-11). Buyer's Initia 21. DISPUTE RESOLUTION: DAMAGES PROVISION FOR ANY INCREASED Seller's Initials / A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising -between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Paragraphs 21B(2) and (3) below apply whether or not the Arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBrrRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, Including and subject to paragraphs 21B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional Law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. ® (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration: (I) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (if) an unlawful detainer action; (III) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or.wrongful death, or any right of action to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a,notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions. (3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration prior to, or within a reasonable time after, the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the Agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ® ARBITRATION:' Buyer's Initials / Seller's Initials / _ - _ _ Buyer and Selier ackn e—e�ipt of a copy of this page. Buyer's Initiar; _ - = Seller's Initials L t )( 1 �,••, Reviewed by _ CPA-11 (PAGE 6 OF 10) Broker or Desi nee - Date - ' Property Address: ZCi ,-i YY Date: J PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be. PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, CA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Floos and other Special Assessment District bonds and assessments, and CA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (I) for periods after Close Of Escrow, by Buyer; and (if) for periods prior to Close Of Escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY. BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. Exceptions to Proratfons: 23. WITHHOLDINGTAXES: Seller and Buyer agree to execute any instrument, affidavit, statement or instruction reasonably necessary to comply with federal (FIRPTA) and California withholding Law, if required (C.A.R. Forms AS-11 and AB-11). 24. PROPERTY DATA SYSTEM: Brokers are authorized to report the terms of this transaction to any Property Data System, to be published and disseminated to persons and entities authorized to use the information on terms approved by the Property Data System. 1 25. EQUAL OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Law. 26. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 21 A. 27. SELECTION OF SERVICE PROVIDERS: If Brokers give Stiyer or Seller referrals to persons, vendors, or service or product providers ('ProvidersJ, Brokers do not guarantee the performance of any of those Providers. Buyer and Seller may select ANY Providers of their own choosing. 26. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. ®. ASSIGNMENT: Buyer shall not assign all or any part of Buyers interests in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld, unless otherwise agreed in writing. Any total or partial assignment shall not relieve Buyer of Buyers obligations pursuant to this Agreement. 30. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein. 31. COPIES: Seller and Buyer each represent that Copies of all reports, documents, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing parry. 32. GOVERNING LAW: This Agreement shall be governed by the Laws of the state of California. 33. AUTHORITY: Any person or persons signing this Agreement represent(s) that such person has full power and authority to bind that person(s)' principal, and that the designated Buyer and Seller have full authority to enter into and perform this Agreement Entering into this Agreement, and the completion of the obligations pursuant to this contract, does not violate any Articles of Incorporation, By Laws, Partnership Agreement, or other document governing the activity of either Buyer or Seller. 34. OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS: A. ❑ Buyer Inspection Advisory (C.AR. Form BIA-11) B. ❑ Purchase Agreement Addendum (C.A.R. Form PAA-11 paragraph numbers:_ C. ❑ Seller Financing Addendum and Disclosure (CA.R. Form SFA-11) D. ❑ Intent To Exchange Supplement (C.A.R. Form ES-14) M ® y .. ✓<, �! G'�.rt l-d_ 1\!.-; 1', i � / Tom. .,/r✓ �.-. e-J. l�/Jr _ Tn= co;?rgc Jews C. the =d Si=*=s (r+= 17 ,U.S. Cede) fa=id th= Buyer and Seller ackno> I � reye,;pi of a copy of this page. ur;_;th3nzsd reprdact,cr, of tins fort, er arty po, t`,eracf, by photocopy Buyers Initials rachine cr any other means, inclui ng facsimile cr comr= en—d fgrma'•s. r ' o Copyright * ISSZ-2001, CALIFORNIA. ASSOCIATION OF PnEALTORSO, INC. Sellers InitialsALL RfGeTS RESERVED. _ Reviewed by Property Address: Date: % 27 35. NOTICES: Whenever notice is given under this Agreement; each notice shall be in writing, and shall be delivered personally, by facsimile, or by mail, postage prepaid. Notice shall be delivered to the address set forth below the recipients signature of acceptance. Either parry may change its notice address by providing notice to the other party. 36. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the lime -the offer or final counter offer is accepted in writing by the other party and communicated in accordance with this Agreement or the terms of the final counter offer. B. "Agreement" means the terms and conditions of this Commercial Property Purchase Agreement and any counter offer and addenda. C. "Days" means calendar days, unless otherwise required by Law. D. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. E. "Close Of Escrow" means the date the grant deed is recorded or other evidence of title is transferred. If scheduled close of escrow falls on a Saturday, Sunday or legal holiday, then the dose of escrow date shall be the next business day after the scheduled close of escrow date. F. "Copy" means copy by any means, including photocopy, NCR, facsimile and electronic. G. "law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. H. "Repairs" means any repairs (including pest control), alterations, replacements, modifications and retrofitting of the Property provided for under this Agreement. I. "Signed" means either a handwritten or electronic signature. _ J. Singular and Plural terms each include the other, when appropriate. K. "C.A.R. Form" means the specific form referenced, or another comparable form agreed to by the parties. ® L. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either one to modify or alter the content or integrity of the Agreement without the knowledge and consent of the other. I f:c ___N �_-�i la''S •:i t'-a Vread 9izr_a !�i's !7 _-. C:�_s) ;._rd- 'i` !'::Cr,&t P_:r-'L[Ion Gf t:,Js f=. , or a'1 2r.1^_±: u3, if, Ync=PN _chine or ,v oilha, mnsars, indudit; _a.,llii2 cr c_- isr!Z3d fita ems. e_yr:_hi m .cG3-2X', C.--.' IrO=aViA ASSOCL�TI'JN G,=:.-,�eLrC,=.c3. INC. .-._L F.ICHTS RESERVED. Buyer and Seller ackr�eW gp ipt of a copy of this page. Buyer's Initials Sellers Initials ( 1( I Reviewed by,_. _ Property Address: h S C A (/ Date: 37. AGENCY: ® A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Buyer may consider, make offers on or purchase other properties similar to the Property. Buyer and Seller acknowledge and consent to Broker(s)' representation of such potential buyers and sellers before, during and after Broker(s)' representation of Buyer and Seller. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent (Print Firm Name) is the agent of (check one): ❑ the Seller exclusively; or Gboth the Bu7Y�e��artd a ler. - Selling Agent Z3 cam S 4 e ✓- (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): Xthe Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify, defend, and hold harmless the other, the Brokers specified herein, and their agents, from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representations in this paragraph. 38. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to. Escrow Holder, which Escrow Holder is to use along with any relating counter offers and addenda, and any additional mutual instructions to dose the transaction: 1, 2, 4, 14, 15E, 19, 22, 23, 28, 29, 34B, C, D and E, 36, 38, 40, 42A, and 43. The terms and conditions of the Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Hoidens request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will - control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms ®provided by Escrow Holder that are reasonably necessary to complete this transaction. B. A Copy of this -Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or❑ ). Escrow will be deemed open when Escrow Holder has Signed an acknowledgement of receipt of a Copy of this accepted Agreement Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement, as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs the Agreement C. Brokers area parry to the Escrow for the sole purpose of compensation pursuant to paragraphs 40 and 42A. Buyer and Seller irrevocably assign to Brokers compensation specified, respectively, in paragraphs 40 and 42A and irrevocably instruct Escrow Holder to dsburse those funds to Brokers at Close Of Escrow. Compensation instructions can be amended or revoked only with the written consent of Brokers. 39. Buyer and Seller acknowledge and agree that : (1) Brokers do not decide what price Buyer should pay or Seller should accept; (if) Brokers do not guarantee the performance or Repairs of others who have provided services or products to Buyer or Seller; and (iii) they will seek legal, tax, insurance, title and other desired assistance from appropriate professionals. Buyer and Seller further acknowledge and agree that Brokers: m do not guarantee the condition of the Property; (if) shall not be responsible for defects that are not known to Broker(s); (!if) cannot identify Property boundary lines; (iv) cannot verity inspection reports, square footage or representations of others; (v) cannot provide legal or tax advice; and (vi) will not provide other advice or Information that exceeds the knowledge, education and experience required to obtain a real estate license. 40. BROKER COMPENSATION FROM BUYER: Upon Close Of Escrow, Buyer agrees to pay compensation for services as follows: nT to "'S ct f� . Broker. 41. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. All paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only if initialed by all parties. If at least one but not all parties initial, a counter offer is required until/aq-r�eement is �r/e�•Ghed. Unless Acceptance of offer is Signed by Seller, and a Copy of the Signed offer is personally received by Buyer, or by _ r v 4" l� < �( , who is authorized to receive 4, by (date) at Afvt/ t he offer shall be deemed revoked and the deposit shall be returned. Seller has the right to continue to offer the Pro erty for sale and to accept any other offer at any time prior to communication of Acceptance as above. CPA-11 (PAGE 9 OF 10) Buyer and Seller ackn a eipt of a copy of this page. Buyer's Initials - Sellers Initials oaeomm�m Reviewed by - Broker or Designee Date Property Address: /Acl 5-75��' WI-- 1411, Date: Z 7 Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, ® addendum or modification, including any Copy, may Signed in two or more counterparts, all of which shall constitute oneandthe same writing. BUYER ��� ' , a `��� `d 5 C Date / VBUYER Date By 114. i Name Printed Title Address .��/� /n/9 �7� T A`/ Telephone 772- ism Fax Email Notice Address, if different By Name Printed Title Address Telephone Fax' Email Notice Address, if different 42. BROKER COMPENSATION FROM SELLER: A. Upon Close Of Escrow, Seller agrees to pay compensation for services as follows: to , Broker, and . to Broker, and (d checked) r administrative/transaction fee of S to Broker (or, if not completed, as per listing agreement). B. (1) If escrow does not close, compensation in paragraph 42A is payable: (1) upon Sellers default if completion of sale is prevented by default of Seller; or (it) when and if Seller collects damages from Buyer, by suit or otherwise, if completion of sale is prevented by default of Buyer and then in anamount equal to one-half of the damages recovered, but not to exceed the above compensation, after first deducting titre and escrow expenses and the expenses of collection, if any. (2) In any action, proceeding or arbitration relating to the payment of compensation in paragraph 42A or B, the prevailing party shall be entitled to reasonable attomey.fees and costs, except as provided in paragraph 21A. 43. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell. the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. 0 (If checked) SUBJECTTO ATTACHED COUNTER OFFER, DATED SELLER + r\ /— a-" y , '`7`'y Date/ Z� SELLER T e By Name Printed Tide Address Telephone Notice Address, if different Fax Email y Name Printed Title Address Telephone Fax Notice Address, if different Email Agency relationships are confirmed as above. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. - Agent who submitted offer for Buyer acknowledges receipt of deposit ' airy, f specified in paragraph 2A: Real Estate Broke Selling Flan Name) /� 5 C v C. ��_ BY ✓%'� Y�C�� Date Address 7 6 /'�' YY 51 I p Phone/Fax/E-mail Real Estate Broker (Listing Firm Name) By Date Address - Phone/Fax/E-mail (_/__) ACKNOWLEDGMENT OF RECEIPT: Buyer or authorized agent acknowledges receipt of Signed Acceptance on (date) (Initials) at _ AWPM. Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ❑ a deposit in the amount o f S counter offer numbers and and agrees to act as Escrow Holder subject to paragraph 38 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions date of communication of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder By Holder is licensed by the California Department of Escrow n Date Phone/rawt-mall Corporations, ❑ Insurance, ❑ Real Estate. License THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C-_ 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.IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This fomr is available for use by the entire real estate industry. It is not intended to idemiy the user as a REALTORO. REALTOP© is a registered collaaive Membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSGi who subscribe to its Code of Ethics. Published and Distributed by: Reviewed by REAL ESTATE BUSINESS SERVICES, r o INC. .. - _ V 1 a subsidlarvor the CALIFORNIA ASSOCIATION OFREALTORSO Broker Designee Date 0 CITY COUNCIL RESOLUTION NO.05-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS WHEREAS, the City Council of the City of Morro Bay desires to prudently invest idle funds of the city to maximize use of taxpayer funds; and WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of -local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard."; and WHEREAS, the California Government Code Section 53646 requires all local agency governing boards to annually adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility to the Treasurer for a period not to exceed one year but renewable annually, upon review; and ® WHEREAS, the City of Morro Bay first adopted its current investment policy in 1996 and that policy was further refined during 1997 and 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Statement of Investment Policy, attached hereto, is adopted and that the City Treasurer is hereby authorized to carry out this policy, on behalf of the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day ofJanuary, 2002, by the following vote to wit: AYES: Anderson, Crotzer, Peirce, Peters NOES: None ABSENT: Elliott V/K(5^ER AN ERSON, ayor BRIDGETT AUER, City Clerk u ® CITY OF MORRO BAY STATEMENT OF INVESTMENT POLICY Introduction Monies not required for immediate expenditure by the City of Morro Bay shall be invested in compliance with governing provisions of law (including Section 53600 of the Government Code) and this Investment Policy. Policy It is the policy of the City of Morro Bay to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the city and conforming to all federal, state and local statutes governing the investment of public funds. Scope This investment policy applies to all financial assets of the City of Morro Bay. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: ® Funds: General Fund Special Revenue Funds Enterprise Funds Capital Project Funds Trust and Agency Funds Internal Service Funds And any other fund maintained by the City, unless specifically exempted. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as their probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from ® U:\HLF_S\MSWORDUNVESTME\INVPOLCY.INV.dm -1- Statement of Investment Policy City of Morro Bay, California January, 2002 expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Obiective The primary objectives, in priority order, of the City of Morro Bay's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Morro Bay shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity: The City of Morro Bay's investment portfolio will remain sufficiently liquid to enable the city to meet all operating requirements which might be reasonably anticipated. Return on Investments: The City of Morro Bay's investment portfolio shall be designed with the objective of attaining a rate of return throughout the budgetary and economic cycles, commensurate ® with the city's investment risk constraints and the cash flow characteristics of the portfolio. Delegation ofauthority Pursuant to Section 53607 of the Government Code, the Treasurer of the City of Morro Bay shall be delegated authority and assume full responsibility for investing and reinvesting idle funds of the city. In accordance with SB 109, Chapter 749, 1996 statutes, the City Council shall annually delegate such authority and responsibility, subject to review. In further accordance with SB 109, the City Council is trustee and therefore fiduciary subject to the prudent investor standard and, delegation ofauthority to the Treasurer does not relieve the City Council of that trustee role. Ethics and Conflict of Interest Officers and employees involved in the investment process shall refi-ain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Morro Bay, particularly with regard to the time of purchases and sales. is U:IFlLES\MSWORDUNVESTMEUNVPOLCY.INV.doc _2_ ® Statement of Investment Policy City of Morro Bay, California January, 2002 Authorized Financial Dealers and Institutions The Treasurer will maintain a list of investment brokers/dealers and financial institutions authorized to provide investment and safekeeping services for the city. All broker/dealers and financial institutions who desire to become qualified bidders for investment transactions and related services shall supply the Treasurer with the following: Current audited financial statements Proof of registration with the National Association of Security Dealers (NASD)(Broker/Deaters) and Small Investors Protection Corporation (SIPC) Certification of having read the City of Morro Bay's Investment Policy Certification of authorization to do business in the State of California Authorized and Suitable Investments Governing laws of the State of California permit local agencies to invest in a range of investment instruments that vary in complexity and sophistication, as well as risk and reward. Due to the limited size of the City of Morro Bay's portfolio, the city does not require frequent entry into the investment ® marketplace. Under these circumstances, it would be prudent for the city to limit the range of investment instruments to a subset of those allowable, in order to provide for diversification and at the same time limit the risk associated with limited entry into the marketplace. Suitable investment instruments shall include the following and all transactions shall be on a delivery versus payment (DVP) basis: Securities of the U. S. Government, or its agencies. California Local Agency Investment Fund Demand Deposits FDIC Insured Certificates of Deposit Bankers' Acceptances Money Market funds whose portfolios consist of the foregoing Passbook savings accounts Except for securities of the U.S. Government, or its agencies, and for the LAIF fund, maturities on each investment shall not exceed three (3) years from date of purchase. Diversification The City of Morro Bay will diversify its investments by security type and institution to the greatest extent practicable. With the exception of securities of the U.S. Government, or its agencies and the ® U.NFILFS\MSWORDUNVFSTMEUNVPOLCY.MV.doc ® Statement of Investment Policy City of Morro Bay, California January, 2002 California Local Agency Investment Fund, no more than 40% of the city's total investment pool will be invested in a single security type or with a single financial institution. Reporting The Treasurer is charged with the responsibility of making a monthly investment portfolio report to the City Council of the City of Mono Bay. The monthly report shall include an accounting for all cash and investments in the portfolio and shall include both cost and marked -to -market value as ofthe end of the monthly reporting period. Investment Policy Adoption The city s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council. The City Council shall also delegate authority to make investments by resolution on an annual basis. 1 ® UiFILES\MSWORDUNVESTME\INVPOLCY.MV.dm -4- ® Statement of Investment Policy City of Morro Bay, California January, 2002 Glossary of Terms Bankers' Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Comprehensive Annual Financial Report (CAFR): The official annual report of the City of Morro Bay. It includes combined statements of each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related and contractual provisions, introductory material and a detailed statistical section. ® Delivery Versus Payment: One of two methods of delivery of securities. Similar to an escrow for a home loan where a thud party holds both the payment and the security and exchanges them after all specifications have been met. Diversification: A method for reducing investment risk by using a variety of investment instruments and financial institutions to avoid a single catastrophic failure. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without a substantial loss in value. LAIF: California Local Agency Investment Fund is an investment pool which aggregates all funds from political subdivisions and invests them under the custody of the State Treasurer. Market Value: The price at which a security is trading and could presumably be sold or purchased. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. ® U:\FILES\MSWORDUNVESTMEIINVPOLCY.INV.dm -5- Statement of Investment Policy City of Morro Bay, California January, 2002 Money Market: The market in which short-term debt instruments are issued and traded. Portfolio: The collection of securities held by an investor. Safekeeping: A service rendered by banks for a fee whereby securities and valuables ofall types are held in the bank's vault for protection. El ® UiFILES\MSWORDVNVESTMEUNVPOLCY.INV.DOC -6- RESOLUTION NO. 04-02 A RESOLUTION OF THE CITY COUNCIL IN SUPPORT OF PROPOSITION 40 - CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002 THE CITY COUNCIL City of Morro Bay, California WHEREAS, California's state, regional, and local parks serve as recreational, social, and cultural centers for California's communities, providing important venues for youth enrichment and safety; community identity; protection of natural, cultural and historic sites, parkland and open space; and tourism, and WHEREAS, in order to maintain a high quality of life for California's growing population, a continuing investment in parks, recreation facilities, and in the protection of the state's natural. cultural and historic resources is needed. and WHEREAS, each generation of Californians has an obligation to be good stewards ® of these natural and community resources in order to pass them onto their children, and WHEREAS, California's citizens and visitors have increased their visits to state and local parks for healing and strength, sense of community, freedom and peace during these turbulent times, and WHEREAS, California is known for its incredible natural resources of open space, parks, mountains, rivers, coastline, and forests that positively impact the state and local economy, and WHEREAS, California is largely an urban state where it is projected the state's population will continue to grow by 18 million by 2020; thereby placing more pressure on existing parkland and facilities, and WHEREAS, Proposition 40 will benefit every neighborhood of California by giving emphasis to neighborhood parks, creating opportunities for environmental education and outdoor recreation for youth, planting trees in urban areas, restoring rivers and streams in our cities, protecting open space, and youth jobs via the conservation corps programs, and WHEREAS, Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002, provides $2.6 billion for state and local park projects to preserve California's natural heritage and allow urban areas to.expand much ® needed recreation facilities that serve children, youth, seniors, and families. THEREFORE, BE IS RESOLVED, the City Council of the City of Morro Bay ® supports the passage of Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002, and encourages California voters approve this bond act on March 5, 2002. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28`h day of January, 2002 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, _Peters NOES: None ABSENT: Elliott ATTEST: ® BRIDGETT AUER, CITY CLERK utw/c md.res04-02 if -IF, tortm ® RESOLUTION NO.03-02 A RESOLUTION ADOPTING THE CITY OF MORRO BAY RECORDS RETENTION SCHEDULE THE CITY COUNCIL City of iMorro Bay, California WHEREAS, the City of Morro Bay, incorporated in 1964, has accumulated an unmanageable amount of records, documents, and papers over that period; and WHEREAS, it is necessary for the efficient operation of the City to follow a procedure for the retention of certain vital City documents and other records; and WHEREAS, the systematic destruction of records that are no longer required expedites the filing and retrieval of documents needed for current operations; and WHEREAS, the State of California and the Federal Government have specified time periods in which public records are required to be retained; and WHEREAS, the provisions of Government Code §34090 prohibits destruction of records to title or lien on real property; court records; records required to be kept by statute; records less ® than two years old; and minutes, ordinances and resolutions of this Council and the City's Boards and Commissions; and WHEREAS, various sections of the Codes of the State of California set forth procedures and conditions for the destruction of certain City records, including the use of microfilm or electronic media: and WHEREAS, City staff developed the City of Morro Bay Records Retention Schedule after review and consideration with each department in the City and the office of the City Attorney; and WHEREAS, each City department will only destroy records that are no longer required, in strict compliance with the retention periods set forth in the City of Morro Bay Records Retention Schedule; and WHEREAS, it is understood that each City Department shall periodically prepare a list of those records to be destroyed pursuant to the City of Morro Bay Records Retention Schedule and the City Clerk shall prepare a Certificate of Destruction to be kept in the permanent file; and WHEREAS, it is understood that the office of the City Attorney will be consulted concerning a specific records retention requirement when there is a City record for which no reference in the City of Morro Bay Records Retention Schedule seems to apply. NONA' THEREFORE BE IT RESOLVED, that the City Council of the City of Morro Bay hereby approves the adoption of the City of Morro Bay Records Retention Schedule as attached in Exhibit A and incorporated as part of this document. BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay approves the destruction of records no longer required, in strict compliance with the retention periods set forth in the City of Morro Bay Records Retention Schedule, and rescinds Resolution Nos. 23-97 and 27-97. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on this 28`h day of January, 2002 by the following vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: None ABSENT: Elliott ABSTAIN: None ' d,,m� OrE9 ANDERSON, Mayor ATTEST: BRIDGE AUER, City Clerk APPROVED AS TO FORM: ROBERT SCHULTZ, Ci)SAttomey RESOLUTION NO. 64-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REJECTING THE BID FOR THE KEISER PLAYGROUND PROJECT ONO. 8118) AND ® DISPENSING WITH FURTHER COMPETITIVE BIDDING ON THE PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, through a combination of competitive grant funds from the State of California and General Fund monies, $77,452 has been funded for a replacement playground at Lila Keiser Park; and. WHEREAS, the project was advertised for competitive bid, pursuant to the California Public Contract Code and the Morro Bay Municipal Code: and, WHEREAS, one bid was received from Speciality Construction of San Luis Obispo which exceeded the allocated funding for the project: and, WHEREAS, the City Council is able to, by a 4/5's vote, dispense with further competitive bidding and allow the project to be completed by hiring a duly licensed contractor; and, WHEREAS, the project and all documentation must be completed by April 2001 and further competitive bidding may result in extension of the project time line andjeopardize the grant funding. NOW, THEREFORE BE IT RESOLVED that the City Council of the Cityof Morro Bay. ® pursuant to the California Public Contracts Code, rejects the bid received by Speciality Construction. BE IT FURTHER RESOLVED that the City Council dispenses with further competitive bidding on this project which should allow the project to be completed more economically and within the project time line. PASSED AND ADOPTED by a 4/5's vote of the City Council of the City of Morro Bay at a regular meeting thereof held this 25' day of November 2002 by the following role call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters= NOES: None ABSENT: None OGANDER ON, MAYOR ATT�EST:4 1� ® BRIDGET AUER, CITY CLERK u.e.coun61.mso64-02 RESOLUTION NO.63-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING A TRANSFER OF FUNDS FOR THE LILA KEISER EAST FIELD LIGHTING PROJECT AND AWARDING THE BID FOR THE PROJECT TO ® BENERGY, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS. the Morro Bay Recreation and Parks Commission and the Morro Bay City Council approved new field lighting at Lila Keiser East Field; and, WHEREAS, in the Fiscal Year 2000-2001 Budget, the Recreation and Parks Department was initially funded for replacement of the light fixtures only on Lila Keiser East field: and, WHEREAS, in April 2001, a structural engineering report indicated the existing poles would not support new fixtures and new poles were needed; and, WHEREAS. in November, 2001 the City Council approved the use ofadditional funds from Proposition 12 Per Capita Funds to fund a total of $70,000 for the project; and, WHEREAS, due to archaeological constraints, engineering design and soils testing, the project is requiring additional funds for completion. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay approves the transfer of $50,000 of General Fund monies from the Teen Center - Permanent Skate Park Design Capital Project (No. 83-17) to the Keiser Park East Field Lighting Project Capital ® Project (No.81-16). BE IT FURTHER RESOLVED that the City Council will re -fund Capital Project No. 83-17 during the mid year budget review process traditionally held in January or February. BE IT FINALLY RESOLVED that the City Council of the City of Morro Bay award the bid for the Keiser Park East Field Lighting Project, Project No. 81-16 to Benergy, Inc. of Arroyo Grande. California in the amount of $66,150.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12' day of November 2002 by the following role call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ANDE SON, MAYOR ATTEST: BRIDGET AUER, Y CLERK u.w.coun61.mw63-02 E C O> 7 .7 q 0 0 U ti Oy C p' V ;.� C, > '- c U .> T V ^ '. O > > > V r .- .. cV O 0.-0 > .= w q w p O> C O= p p C p �n ..- U y o OU ^ •3 ^ C v u C^0 O O O U o 0 U T p r c U V ^O U— 0 u C O :a. O\ r d G g Cl CD O O O OU O U O O O V O O O O O O 0 0 U C M C �' O L O coo .r co' y 0 y OL O O U i.7 O w .O V U V U •^ n o^ O ¢J 0. u U CJ o_ U !/1 U CO. V (o LO _ b r > O � G O V a yT U V U .3i pU r .0 ir.', '> r p J -U Ur- Ci = L D O O E _ U Z L O \ -0 O - V OCIi O C>N t� O O M O O O C V M 7 Q V 4 M M c0% M M M U UU U v UO O N — y + U N U - � U y > U _ > U U ^ • L y N Ix <a a�a a _. O w N b O -n a7 O 0. w N lD O 7 7 t + + O i.n vi in p J J J J J W w 4+ In O O OA O OCL O w� 0 aw N in io 0 Y O O N D O A p 7 h o � , 7 Q. N j N cps 7 w O O O 0. 7 c� J O cps 0. o- a �, o o w w k o0 0, ry y o _ wC, Q w Y G fro O O O 00 O 0 (D 7 O O O W w p rn w 7 0 w O 'S lC.VD 7 O O N N J V rt m y `G R N w^ O w 'O (D A p 7 Y ro aax ❑ co.c =�0 o <_ 0 3 0 0 k a a _a + A N A a A n O O w o O O C 7 ^ o w O 7 O 00 < O Y � O O N n � ti p O O O b r (p to ^ N n tD w, (Yo w coo w O O O O O 0 0 0 3 y � H 0 O N O 00 (U �n H � lD � .O N c Vi O 'O 7 0. 0 O O � O � C, O � a C O C 4 E r1 Cp C ` 7n' C_•y n o °E r'003007 c u G h 'V' �� 2 c�� � o h u U o kr- c s tz > u o U '= a U N U E CN c > y V L �No-. O o° 3 n 00 v C a s = O = a $ N Cj 75 O. m.� J to C U p L > CIO G p.� 3 c n. CO U V C y U O y U v U ec '., L 04 L ,Z°wL cn c E=XIT _ C v� vow vv<0 N U + J U L fJ r — y n o =+ ^ G � G U U U U M [9 rmmv,mmcn x n0Cnzn m_n 0 El 0 uq 7 n 0 y o• 0 00�0 d w' "R w n 7 F C F N N n b m o b m M m N 7 ry ry O 7 '3 ry �n �n nn "n�Cn7 o"n n 00 00 0o w o0 00 .-. o_o CDO O A O CDO _ O O cn m m x w b b ^� y n n n= �p -0 n n n mI7 m cr tlG tl0 _ tl0 H N d N � w N 7 a o F � d � 0 y n r i7 p N cn n � p N n n N F n U] w — t'i cc 0 (o n O O � C7 5 as co n m 0. G) 10 c N cr c 00 0 0a- cr o N 3 Cl. o o NN fA w N 7 p S� o m n a N o � o w ° N o 0 O d• N O (D O n w w o �. o n o N E o n 3' o. o p 0 0 0 0� o t F. m �. N G P. O O b0 ao O w tD p — w � O �c n ry ro � is7 y y.� `17 ro ro n - n %''. ,r$, EME C O it a Y U tj 1 :6 � U e a d x - � x � F a � L � 0 O x x ,Q E 2 O L 7 L t of O U r O u L 4 0 �..• �`' �` '•Y U O L :� 7°� U� O C :3 Q C L N C1 O C u t O 3 "Cl > m .D y �� c E � ut 00'=O ci u O "jam O Ut r•� U U L 7 O U V rn w Op y U �cs c0 vui ski O` C U U ^ O U _C L O O U U "} :J U U L U--• U rn a L c: L U t= U U 1� c ° O O .o U ° C ^ D L m O - L Q M O - p CN O O^ 0 0 O O O^ v c O c c U r c UUU UUDU UNUU N V N N CO } + t + - C O C C C O C O J U J U U V r, r�i r n + O U O w y a E C U � . U O L r _ z z m c� an W a w rn w v, a G 7 + � N m w w w N iyNA A A OAi O O O R 0 0 as y lG y y 0o n w co rn � � w N � N y w Q ` O ry Noi A •' � O O O .^p o fD y N rn Q o w f3D O in in o� o O a h o- 0 a < $ a•ti O O O y `1 O In y � w ID tjn m c TJ Co �0 0 0 y N Q w < o 0 � T � 0 a ° 0 B B ° a 0 o 0 0 � ' + + (n O c0� c0� vn cps O O w to Ow O O O TJ n''b C. O, O O .w. m O Q y O < •O 'rJ -�' � to �_ m _ . co ,Q�• _ Q � ao Q. a T o' w a � o a it ti w m y? p O 0 O yr y w v 0 or o n,o a 5 y �. C7 OV � 'y 7 •b tD � N pOq O N o N a. a o n E o N � S D• w". w ry w y w o 0 o w 11 ►.I a 3 n `o u u c > > > > > > > n O O O O O O O u L P � P O P ca P n P a P O P cs •r. i C V C V G U G U C U G U G U U G :J OV U O U O OU V O C1 CDO � L, O � O L1 O C \ O CT O O O O O O O M U U U U- U U U U C7 C7 C7 U t7 t7 U n u U U U o u u v cn Cl) cn cl� cn `0 U \ CJ to L n D C C 0 C O n C rC cs c U c E O. u U CO V o t c 'i,7 = n to o o c Cl a. U V p, O O V O N Cl- In"� cno z v. ce E E 1 CN C\ P 1 C V -r - CD Cl 7 7 V M M M M M M M M U U U N N vi r N N N N N O C U C U c U C V C U O G U C LU U 3 U U U N U U U U U 3 U U U ❑ •f. U N to C U O od U C _0 e n c dj y E o c C G cn O n r G. O y tD N fD o w a � + +C)C) -o O o N O 7 00 i7 n p i) W W W N Q\ A A p O N O O Cn O O N n N 0_OG ;' �. caw awn J w N nj m 7 P. CL � w a, W W cr 7 O 7 Op O A A O cn O. m 0 0 < = CL r N' lA 7 7 CL O O G N OQ 0• 0• S W O OQ w w m O ^ a rD w O N ap' Cp w _ w o Q• O O fD P. c w w w w $ y' o. w G �Oi O T O a x � N O O 0 0 0 A 7 0 7 7 n n41 W N N A N � O � crya r4= cpa cps O O O N O O O O O a aGa O a O io O W 4 0 0 (] o z 7 W A 0 0 0 o n 7 7 ❑ O G O 0 0 0 m0 y w A � C] O N � n n po y .i7 rl , a N� to J p7 O O � � o X N O y O m .J rf- L" _, v y s a E o o' U c O O D > R. C4 U` L O -O h y 0 n •r. ,n O G L > > H to U O 0 n O 0 T 0 0 q R rn y t U VI p C 6 y y o OU 'b `O E '- s - N ° > n > > ` O 0 00 V] N U L to O .'1. O C _CD 4 EAU OU O O V V> =a U V O u 0 C 0 U u R U U U !n rn V] = N ^1 0 V] N V] V] V] r a CL E :ns T � R c 0 0 o — U 0 0 c . 0 O L ° `VJ ce_ U i U C CD Cl N O 0 � v v Z U N oN V O U u U C7 UcNc —ooUU CUNNNNNU0 c�c, N— U O c, a =oo N V]NNN UU UU N } C C C O C O C C N U J 6 CJ O J -;, O _CL U C ° E .t 3 O v� UU} =} F-} =} UU} UU} U Y v rn to J 0 ❑ 0 A O O > U R R R V R V]to i 0 x w m � 9 � v Y �< � (D N +n +r) b + VI N r� C)C� �%N �� NONCE �NC)C)n� CiCiO (�O m cps J ri `A oCi� ri O �d: nCiCiCiN n %� ,.., "I -XI m 9 I D N A N.W. %% A N N W m w C iOC a y' '� m mO O\ d 0 O i" •b � � w� � � b o, o a n. � 0 3 �, � � � 7 ry �.aN Z fD o N R 3 6 C O 009 p 0 o n a N C 3 y n � n- a z L�l � � \ \ \ \ \ \ \ ƒ k® § �\ ( \ \ \ \ ({�}§sage! \/ `(\(% _) ��i(\®}4®2\;/({ ) - ƒ}{p\ a ® =�\\ƒj\ƒg\3) sue_ d )§ o ==e=s 7 "T »32) U U°�0 _ \E�\\/( \ \ \ R/m)m) ero2�-cam \ 2 / EOR }) -\ \J \- F ) / }/ N a ti a�w b R a°o ono �, v •, o :» < z= s nC)n n� 01 A + + N N n n n nn wQn n n w w 't7 un un �.o� ur. �.m uy, bun un un N A A A A A A w A A A O O O O Cl O N O O O �' S '� m� F F y d 0=Q W '� O• w' C m '� 0� G � _ ° F w 0 _ w w cn cn cn cn S co w cn cn coo rn n 00 w, D. ,n 01 O w w c cr a = ° w o w 0 w 0 O " C < G O w < R (<D ' E a v o, n 6 o n U E i s C _ C O- O 3 N V G f m V O a () L V u N ... ca V U U G C C U E E U L OU U U a u U U U O v y V] .T (/] U L V] rJ L � U r%r U u 0 z cn _ N C� O C, r V V O V m M M 7 m ' 0 v v u U _ c M E E O p N Lj N J U U + _ + U c O a O m m U E E U E E o 4 u u Q U U Q 5 N U = L Vl N 0 Lu r-,n o s y n O 'D n G C O p a C � O u L L n U O o LNi G E u E N u C Cq x N f o m p h o U U n > U c L j U V vi U vi .N+ U U N ° ° u U E m N U N U L V � ��� cL0 00 V E E L N' N ULTZ D n C 9 O G U C 'O y .O U y 'O N E N � E o° 0 7 `OD vi O L vi U G 7 7 m m V v�i m m N U O mcn UU U UUm v C O C C o c ° E U U + U U + = + � c � U U U X > _ C n to E vi wto vUi p = t ._ U U Z, U Q U 9 A �o w ao a o cro n. NNa a y°ate ° c () C) C" O t � N N A N C) C) C) C) b O �O O C> �D lAOO G\ �O - A \D \D A 'V .n W N A O O O CD C) O 0 El CL 00 J n. O A 00 O N O A aq ° 0 �. � o g a4 w 0. •+ m co o w> tt ° to "' cn w cn °° cn ° Cl 0 o e o o c rn rn r. `'3'. C� CS O. ° °_ A 0 C . O^ G.CL rn O N to o' v, rn • C. �. 7 =� v, w w o 'a o m - was' 0 7 b C0 P-7• w=10 w A h o �+ G , =!. O O an a w F- '� n. �� coo n. E 0 0 ° n a (� y$° p. V-i E C 0 C O R oo�.o U U U— 'O ^7, U w 'p o.o�c>> J— C 3 .� J 0 3�� •v J O—� w n OU U L U, O U T= p O =° 'o 5 'o a i 'v n c a�'i " 0 r C •o 0.0 h toM C C oo .'.MCL C o o U 'lJ: a L O M. t+ -0 U cn 0 � C O U_ iO C L � u _ L u — O n u U > 'CDJ L y 'O ? -a 'D r O v O O _ O CD O O M O U U N U D U _ N c CCn c � L L O 0 r � c � � 0 4 C c o O n r U ^ o Y M T y r 7m; c U c c L L (� � •r. U o 3•c °t `� c J> > T > L n T �C N O L n � n U U N C O E 0 O E Lu o °O U U p U U n o U tz u Xv o `U.=� U U V 'ti .pj U a 7 C U V M lcn U = > r, n U U � O U o U L � � n L j J U t G 7 U C — f j n O m LO U U C r� > >T U U U o u U�Uv U N C U { C U C J L M p L L u U o r J r L O U c _ � L U h F 'T � 9 7 w a � O JJ 7 a b N 0 a � a O cpa N W cry, W cp'� W A A A O O O O O O w o cn cn cn 7 ~ " \^ l \1 'TI G ° 0 0 0 ° w o < <. O 4. O N U=0 °o ,a T ^ � G lc� +ter)+QC) N O p N o p b a O a A ro n n n AO AO AO A w CO CO O CO O O O d 0 � O ^ 7 p' G w ° o � o w o. O � y o < w c w A A A k p O O w p rn `Oj O O y a = R= fD m o in w N O ' n � ^ lD 3 7 � N � o a Li S n O 0 n c. r =� x � arm E k \ k \ \ \ }\ .\§ \ \ \ � % \ ( ( ƒ u o &/G ] _{\ \ \ \\\�\ \ � » _ ( ( to (� ,--- / ) _- �e-(e � 2\ }E�\se \2-1 E/ \} §2 \ ( \<Z \E ^ §° - )®\ 7§ \ -< ƒ < - cN t/>br 6\C4 / mseua Res=& o ƒ OJ+z O3+eu+ ! §§ ° \ / // O a= e n¥ we ¥� y \ { ` % E �+20+00 // / / \///\ j\\�§ >mo>>2 E2nIe'®E \(�«\/_ ƒ\I //} \ \ \ } \ \ rD E � z � a ?} \ � � n <% � � 11 uj L O U n y U ` U U � X ED.3� 0 > > O 4 '= U > > ti ,o � S U E U E UO U E G N O O O L O O O O 'O L _ G M p O O ti U O U G tU. 0 O O u O U L .O cLy O CN O M '!h M c0: r M M 4 L fUJ E M M U U U 3 E U U LO LO vn Cl) U U) ¢ ='tc cn un L J L O L € Ci U "0 ' u LO n U i U CO � w c u 0` E E LO 00 L .u. rj L u L M 7 z W U O O o ^ o 0 0 0 Cl C) CN C) Cl 0 � ��� u v � � �� �� N C O G O C O N N + O + + t E E 0 E € L U U U+ U U+ U U+ i U U u �C L p L ti O T L Y O L O 73 /O� O O 0 < c 0n. ro b7 a c C) T 9 _n F cy +�� o o ro r O N N n d n to N N X% O * O O A A oo C)v A W O O N �O O A O b O oo C) O C7 E m r O 5 aon n 7 O � V O W�° r� � G� �' ° y Q• -°i F°� � 7 O R Yl co a o �o o co cn ° nan -�. cn rA to (D O W N 70 w O N O 7 n cp w10 r CN N N cpo ° tl0 7 .w.i w c6: N w 0o W b^ y J w n oCD o a D N o a 7� oo 0 o G) m o ao w C)IJOQ fD ° S D ^ D » 10 0 0 y, w CL tD ,wyr n -l<D O n p N 7 m W w' SE c o n n m tv -o z m O ^* I O U l a 0 a A L' O C i V L E 7 -aU U U C a T o a L In 0 to C > C m O 0 C U Ua j U C C C U uU U U U u E u E E o C o° o c o 0 0 E E 0 0 ^JCN C `n O OC>U_ In O Cl U C7 V u E � c n a ° - aC '- vi a E u° E E U O c n c'E E s a o E C C .O tic h u n u O In w v to n c y 7 3csi X Cto � CL C G w O U •C j vi G j U Y E. L y E 3 0 o'N a= o u o �'n Q L L u o o Cl c r o p CN o 0 0 o c o v IT v v c v v M M M M M M a p U U� U� U , U U�� o U C7 ° U' C7 In U �— v N c In u c n E N N U V1 G iv C ° O 7 cm C U L L ` ,.Vj, U C n vi i G U? U = In r ° O -v u ' :A c w E > U C C In cn L N I cn -o cn x -o cn n a o 0 0 � - y y Yl Z w B � Z O O y S a � 0 O Y Y w d d 0 o b o 7 N 7 + O N W W W W W W W W O O O Cl O O O O O O O O O O O O m v a7 v w o fG � 00 ❑ � d � () v � o 0o w � N w O h d o' d o' o aQ y w o ,°.� q 0 0 7 O d t� �. cn cn n w cn 0 w cn cn cn cn cn (p rn co O O m T3 ° Ci o = a' C) = o' C) w to n wo vi w w w w N �Y A O _ (p A O ry A O O O O tE p 0 �O O O O � V O 'V O O 0 z a n n O o a a a o `� p w O w < c O_ O O 7 S O O S ti — O O O O O w O n x as � o Yo "+so O N (Op N N 7 W OG E O ❑ (fo p O tl0 w � 7 .y b ° J Y M(M i Y 0 CD o v. 00 CAS to O S� . pa r G yd z ems` } E l C n N L SGJ n C n 'C U n U L U E T E v M. o o a _ u O CD O .�. O ° n 4 O- O M U O .a V O '� 4 N — C v U V V V U 7 0 0 V 0 V U O D U U U U U V U U U /� X U 4J CID X u �6 E C O to -to c C .� ro O �.. .� .N. � U O G G E C U� CL n� O E C o U tj U J j Q U O L v G O cJ C O Q n U EO C v] n U U 3 0 O o O f�'1 f-It '1 U U U'-oo o^o U U "aS o U U N c c + " U U+ U U+ c c L a N o 7 N V U G .� U O lUU 3 U G G y L cz C'n I�. ul N a tlU 7 � a + + n C) b Cb+n n +n n+ram N p N O p .may .Oj No� p N O p N O p c o woman n an an A A A A A A O O O A O O O O 0 r o w a o w 7 N� v0i S tl�0 N !n W O X cn O X ^ cn O X ^ cn V] c� n C) n ; n EjC n c> O'O O 0 0 0 m°� co O 7 cc o 0 n T ° ❑. lD R � lD� n N.7 no N ry n N ry n N ry n r'n 7 rn v�i Q70 h a 0�9 iT' t'I MA c - n G N nEL O N O d V U U n J G �� � ` u O O > <Lj n >O U C J C E � n JI U .0 O p U p U � .n.. O v ��• p U .'�. CN 4 G p U U O O U p O U U U V fl- C7 U G C7 ' 3 ? L u ? .Ei � h O O O O f� r C, CD C, C\ C1 rMi rMi V 7 u U U O G 'a O C O O E E G E 0. N U U+ U U =' U U+ on V E Y U U � O _p } F r a O Q z z yOy z w U U T J p U L ej n C w L o so o u y0 Y T n N C C C C L ❑ O '^J > E U J Ln E n d O M .4U G n c U � U o 3 U v O O F p E o O L G U D T u u c j n _ u cJ >¢^� o O � O O n V rn M M U U o r + E U G p :a U U C T r O a u L C Q < b 0 o � a w +(,)�+nn WO p A O p In N N w w A A N J �p >0a� �I o � � fD� O y£m wao a;. ao o � � o � n y F w m � � � 3o N N `1 y w w o O � w' 0 0 y O m n 1 F w N 0 0 _. �d7 aid ; d O 7 7 0 'o 7 w � A < w f � an anan anan �vn P. + w: O O O O .91 O O 7 0 O O O O Cl > 0 a on a o n o 0 0 m O E Ci7 7 C O N TJ n w y 00 7 7 7 CL N a a o 7 p' F 7 y � Ei 7 O OQ O w w w w w A A A A A O O O O O n Ei ry N Vh OQ A N N Cki R TJ f<C l�D ac a 7 N r. o D vn � o � d nry ELb ry O w N 'ri A N N p 7. `G o O 11 L-,MNE O � O M U � J O � L C U O � 3 E O u � 7 O `OL c=i o � E > � 7 ca ov o C C L U U 3 onot:-A 7 G C w U G V CJ CD C\ O V M Uo,�^,�U c U v n U y C C C n C n E E L U L :J = U N U E M. w O D o U N o v. U O ti to O c CO G w N > J U O U v U > E O O >O ca U V — U °U GO1 GO1 V V U U U V U U U7 !n c _ i E C-0 J L on u = — U cn w A CN O M O M M 'IT L 4 U CD (D N N U _ = C _ V � V t V U U vi E U > y `9 n = 7 = U G E N U = C c C T uv =o N N a(2 C o m a w ?7 m y o' ro a w w o as a cr J l I t n n 7 a• 7 .a.. ,a. fD a .a+ N W a N xWn n n n n n n Adn e�On n n n n n n CD `p"n A O b O. cn CD o - « D o a � '�. G n nO'� G O to �' aa.• UQ O 7 y wct, c o n m o K c c a n' o c -°n �• o c n n o n o n n° o y o on Ov a. C.AO N 7 A C) n a 'BUY m ° ° ao -fDi -° m ° °, o Was a �. p ry O O O b O n �° c'�o tYo n 7 O ry N Y O O O p 'Lf lD Y < "O+ aQ p o n . O d 00 N y 0 x OY M w Y O O c �. p n 0 h N w °„ rn 04 (nj C � O n .. n a 7 0 0 Fw*, R •a O A 0 IR cr a a i 11 0 u e O M Ell •L V U L V U -J ; U •� a U •0 0. U -� V U O Y >' O Y T O Y T L G_ L �_ L_-_ L C_ L L• _ 0 O O C O C C C C C C O •O C Q.° O•O O •OEO OO •.OEms.° ° _ .4 .° . L U U V U V U y v Q U G V C. a O a CO C. O U y •� O :J .A O U ;n O U y U y U y N V O L G_- U E C C U G O c U C U C 7 U G E o c c E o u c n o E° u° u _''.' E o u •' - C L ' % % G <% E CJ U � O G C- �/ OL• C- OL" O O O L rJ 7 cJ 7 :a -- O 7 n •- 'll. L = `E "✓l= L = ` G �!/ L C ;�i'� L C �?- IUi � � 'O) L C U O .2 p E OU U O' 2 O E OU U O' O U O- O U O' O i) U 0.26 -' U GC\ o V P.C\ o V 0.C, 0 V 0.C, o V aC% o �j �7 p,CN w u u u v u u u u o C6 ti a v p cc u '• O U E O N U - ❑ U .. CD U O U q T G� U v1 L y c asU � E oU n. a to C_ L � ` °• � U� L E N_ •� O D. L OL O E� N O C O N� u 0 _-0 GOB C0 CN O � C0 GO.1 CN Cl Cl o Cl v a v� s a 1* U N U U U U U CU7'CU7�iJa .0 U n •O— U a V �— U � U a U n 'n —.. U n 0 O u 0 0N£ U U+= U U+- U U+= U T - L o � � O U � c rs a' Ga ¢ < V mz ° z S W OJ H 'O n D .7 > N n O N �r N Vl a cn N N N to O~ A A 7 n n n n A A A A A A A A A O O O O O O O O O < y w nacre n ao C a r n '_' i 00 = �• C O, n y O C n X s In cn cn cn cn cn n w cn cn to cn n n n C n o w, w, cm coo � cm b: coo w w w w w * w A w A w A 7 O O O O w w o 0 0 0 g Cl 0 0 0 0 o O O aq n '� O n n O n O o O 3 0 0 c 0 0 0. o� < 0 0 n n n fD � y y n n lD w' 13 O n O 3 n av � Y O CL �I l ),= E L O L c E c O � O U C O V m U to U U U C > > n C U L 00 > E E > O U .00 O r n O O O n U O h C1 G1 C\ w o0 C\ o U U U o U U U v U U U V V U V V V V > C O � - C U n 3 T p c w o 3 U G ; E M C u U U V O. C; C C U 0 7 U U U : U CYO < "o 0 0 0 0 CD 0 M O M O O O O M O � M� V 7 V M M V M M M M M 8 M U U U U U U U U U 0Ut7 0 0 UUU U N L T L p U V > y L N VZ O> = E > > n U X =' 0 0 0 3 U L 7 C O O V C E V C O U O 0 � � c n n E E O E E O O U U U O) C\ C\ O V V r�i U U v � V u V u V h 0 j V] V1 V] n u U G � O U n C E r0 � .V+ 0. y nL C% O C, O CN O 7 Zr7 M M M U U U v � v N v } c V L " c v C L L E L rnCIL U y O U 00. 0 O < N n• 7y ny N O 7 �. N - �°�naa a N y a � G] w O c O p w o 3 o rn T3 �' o ry o w g - N ^�1 y O n�i � � 3 N Q ry o C x 0 o w = �< o a m � 7 v r a a A N b � O O O O O O � � r w � a r, 3. � o• o � v N w o G 'b 0 y 7 O a m = < cn cn a n 0 °� O n _ Do n O W 'b 0 a. o `I ° � w ? <y 0 O `< 7 (n .y 7 O ry O � _ ba w a, 0 0 o at_ o u o u O Q' _ u U rn u U o u 0 :J U 15 E U c O15 Ci Ln ° c '= u cn pox° _ n U T O C u w y O U t o tn. tz � O n L = c 0 c� 0 7 M � mil- Q U N t7 r^i C C n U L u w r N 'rj G ° = L L U U = n n L L L u u O C C C � O n n E E U U n n N V. (J1 O U J V 7 E o E U U ° ° vv cn rAcn u to u U cnj to 7 7 3 U N = O. _ n U 7 v D o CY oto° O L = U y Cl> 'a O C �- °o U a- :nU O U< o n o. Cl 0 0 o��-, o ri o 0 V M V M 7 7 UU tUUtUCU N 7 v N V } _ < < < < U h .n :J U J) M N V) NL a i z vi .L O J Y C L U U = y > u > O C n � O c � � U � O v° U U I� V 7 7 M U M cp: M 'fig U U U o v v V. M O N 7 � L— `x o ° - O CJ U 7 L � T a 0 � U � U V u E ` T = o - U N = N O — n r 0 0 0 0 0 v 0 v c M M M u u v C O = = C r + 'O n ° = C < u t a c 3 ,R E u n < ! b7 td W 07 o w � 7 � N G +n +n+C)C a N O S �. O 0 w 0 rn 0 O Yj w G G 7 7 Nn �n i'inAw� N coo ro � ro cg O coy ? f1 o � w m o' 0 v, DO cn cl o. Yl o O w 0 0 0 0 o w 3 (ON 7 7 7 O ti in w 7 c 0 c 0 c 0 ° 3 < o N g G 0 0CL zs v o a rn m ur fA N N F TJ w 0 C G .. io rc O o fD � N O rn w x N N w n N ro� � O O O O w O\ O CO 10 CO J C)A lD O C) C, C, C, J C O o goy cn cn ' cn cn c, - cn cn C) C) C) 0 d0 A A A ? 0 7 A O O a) C)❑ ry fD =S O 0 lD 0 0 N fD Vl Vl Q' Y^ Y V� C) B w N cn O V CO W y O a � 51 G1 W ur ti w 7 O N x n',b .ty O eo^ o � Ac =P y�. A A 0 O H C Is . � 11 E E /: )3 _\ /\ \ \\/ \ \\\\\\ } (. - ± \ \ \ \ \ \ /fir( \$�\ ƒ Cl) O3+£ u u + u 2.d2a2 a3.33 a H J C F 7 0 C C C C NlaD (�D N N w n n n n w W w W A A w A O O A O x n 77 d � � ry. 0 w 7 w o. N O W y at i WI n a r � � n W W W O O O O O O ry0 3 y0 3 y0 3 G (4 tj D Vi Vi N D c b w' 0 o' N D• O O w 0 a 0 a WO w w w w w cpo O IT% O n O n O n A O U, w O N ry O w O rn 7 Q- O w y O fD �' o w o w o y � � N y fD to lD y lD in lD tG fD O lD O lD O tio _ 0 O O o O 0 0 O 0 O� F 7 F F 3� F 3 O A A A O 0. Nao Noc Noa go- nn a o_ a a O W fD O (D O N O fD O N - .p 0 7 p 0 F O 7 O 7 O 7 O b r cn Q z z r r i J p 11 'S T. t a� O 11 E �1 C O � L h L O C O y c " C � L L O. U L U T y n � L L > > O T > C O O P O L "Cl 3 ... U ❑.,c E E _ C L E E O O O O O O O U SCE CN O U E b E ? L E U U E u U 0 c U U U U u U V] V] V] U = A 0) V r C O 3 O w n O � E a v O V 7 L N UCIO C U N O# O O M O CN W G1 C% V C1 O M O O ^ O O 7 M V V Cl 7 M -0^ M M p0 -0= M uU u C7 i CU7 O N N O O + + J 0. E t k N E O U E O M O O O M O N U U+ U U U U+ UO U+ O C L O ,n^ O • E G 'J L y N J gU O. O �;= 3 n e= a77 z2 2) \ �)\\ C)\ 41 \) §\ \E ( \ \ kk \\ � / 1]) : c » r r � m . '"i'• 'EIS •a W W �Q W - L F Q O C L V Lrr S U M O t`. O L L O u L �.O L rrJ. C � @ @ C '.J @ P rn 0 0 s o 0 0 0 P P n P P P P vi 2 E t O y y H •r. U N U@ V U Y J E E ' C E E E E E E- o E E E E O O : U L O O O J O O O C1 O CN O G1 O U U_'- a U U Ucn U cni A U @ i Z V) cn ' C/� CA P r� C @ @ rn t h O u •:7 O P L@ E C � 'n �' U o G vi E U o T fA U E `.i L C L S• r E O °' .@.r O @ E O 7 C Y U G L 1 U S ri �.E •O @ ^J L COS h C.% C.N CO.1 M M pp M M M M U U U v u u u U U- u v v v N N O C_ N N U U uU+ cn =+ v+ U U N C � � O P O y 0 4Ku < CJ p C7 nl N A O m w H Kp9�tt, < v9, ry A lD OQ 0. _n fD b C N b 0 C 7 + cpo cod coo cOo cpo � cOo cpo coo r4� O O O D:. 0 (:D w' a a 0,5 m a O N tl0 d S O -f p- O o C.do F t�D p p' Cl. o C w N o o y° Cn C4 C/] C/) w 'O w o O N C/] N N a a 0 o "'^+ 7 w N a C) n o< a v n lw ow 10 K C> b K 0 F c < Q C 'c7 A 00 ro w R (<D l<D p' .ti O M ? a Q a n ..,, wo o' C) o o CN O' � O m O 7 t�D K � in ti y a cn A L 0 U > > > O > > > N N G N N N U U U V U E E C E C C E O O U U O O O O O O G1 C\ G1 1 C\ Cl U V V 7 V V V crn c6+ coy 'lJ+ 4 Vn � U U U U U U r V c n 0 . cn cn z '- L L T - N �'v U c o c to = 7 vNUi7 O 'O U C G ca CL "U' N U U d U 9 O n N .D V N n> U 'DEc >> D n � _ G y N 0 m n C d T :-0 L n O 0 y 0 CL C `� C y0 'C "� = •D Vr0 .N. i cCi J �O \ G C ,�; n^7 u n 'D u /? M C r C CL U O 3 L — O r O O CDO O O 01 C\ C\ r\ r\ CN — O 7 O V CD V O V O 7 O 0 7 0 0 M M M M M M U U U U U U a Ci tJ U t� U U < v7 c y O O N O O N O 7 U N U U U+ U U+ U U U =+ < c O N N � cn C to N n U Z Z O v U U —° v A N y 't lD rn O O a C) + C) C) + n C] C) n (7] C � C� C� Cl C) O ❑ w A A A no 5v�n°d�o5r ADD �o�a 00 w' C.. w $ ° w�l O n n E. `C o o y c `' 5 w 5- (7 n O O N �y ry^� y N w cm coy t09 0 zy Q• �, '9 3 O 41 0 _ ro" cr 3 3 a 9 0 ^ cn cn ° ao w °Q `< cr cr fD fP (D p n n a a 0 0 _ 3 6 3 � a.aC�w 3m o' y' 0 13 11 ti u ci ti u ti ti ti c.i cf cJ �a n m ca n n ca rn w ti v: In w � y y C C C C C G G C V U U U U U U U U E E E E E E E E E E E E E E E E E E 0 U 0 U o U a o 0 U 0 U 0 U 0 U 0 U 0 U O O O U U O O O O O O r\ C\ C1 U U 1 C1 C\ G1 Cl 7 V � >' V R V V V � U U U U 0 u u tJ U .0 n � O C rf •D `" m � O cn CL tx -- T T O J L 3 w � •D p/ E O GO to u0 G'� u >.L O wU t O O O O O O O O CDO CN O O O O O O O o 0 M M M M M M M M M U U U U U U C7 U U C7 c7 C7 U U U U =+ U U U U U U U+ U U u _T L-- N v ._moo= v u � u ,,• n• u 3 -n _n �, cn on toE E w to � w to of c � O A A wad: y, X S ? w O O won y 0 So .-. zoo o � aQ w Ln o cn cnp-n a�0 y w w ^ A O O O O N rod^oa��s� cn 'L3 ^.{ UQ n =3CCL 7 ^ =CL 0 W N A Cy0i o a CL y �. a. 00 °. a G n, ao w y w y 7 x rn dw h `GRp.:y io o nr O O ro n H G G 'p'� n _ 0' 7 - aq O' � U=Q 7 C O N Oy a y c<o rD v m m 0 a w O tyA N - G G d =,o o'� ® I L ate+ a o.c r'v o o t ? O O p p U n ca n U n U C C rn C VI C ON � L p 0. ti vi L U V y O n U> E > a C a1 a U O V U n C V V N U a i ti pU V] V] V] 0 N 0-- c O E ,� '- E uU O O 'y h c o.4 a L u E °L a o Y n M. O c V L u E c EO O O O '� .- n G 0 U K U Cl) U z 9 c�9 3 Y w U C\ . V C\ E 'r n .L 3 n o U 0 o Uh a — o ECD orun Nc 'v aLp 0 a 'L o o L <onaaa°oU'vaaULZE Z`fl�ea oao3 CN o o v � � cn m o v m - U U U o a a 0 L 0 a c p p r E C :2 �v+= sN Ui L V < L V ar�i-> Ur E d �IC 03 e p U O y o v� o acNs. C 2 c O E' E �� y� v w Oo od nt)x> O 'i7 F F F T� OaQ F N cOD..n-. w a cn � w T � N + O. '3 Q• N. N N N n n n n n :lY� c%n c0� vya :ty: W A W A W A W A W A n005;otz) 0>C7E'0 mvn X 7 �. ,^ny fD o •.• ,."-n, ',� (o O F 7 O O CL h F lD lD a 7w o 0 r. w ay a ...7. C, c o d �. T w a. o a w c �^ � � �. � � ' o D p w = O O C to 0. cn j n c c o •'�. w o. N N (�D N N 0 (�D R N 0 n n n n n w, �w w O w AO w w w O o O O O O O O O O O O rn in in w N C ? C C F O O O O p rDD N N 0- O O r z A 0 n y 11 E 11 > > > � P � n n n C C G E E E 'c E E O O O U U U O O C\ O O V O V O V M M M U U U U U U U U U U U U C .0 i U E U .0 0CL .D uj vi ZO n U- °O o o n a a C U . � a � -ZD _ � -D CUD n U ` .J C _> E -- > c 'O E �. >. > u O. - E v E t C. U a'o a n C O O r\ C\ M M M U U U N N C + t U a- U U j U O p N U U U U + 3 n cc n �U�Uz E "uj � o s 65 �n< C C U O �n�z^SQv�=wY�GY � r c. A W -TIc CC,r, c nw Dw �,w ITI> ° w D. G N `17 +n ±C) co Crow G w G F G O F 00 O y O F 'O 0 0 N O N (�E ,7 G G G F C. -, ❑ -� o -, o -- o c� C n 00 N C) ^ w 00 A A A A .wi In O O O O °O GN Ol n C .O. < O C O P- 0 0 0 o � b o n,Gw• o qQ � 0 °3 y 0 9 o C] n.,:� C] w S m C] V o 0 0 0 0 5 m ZT � y F 0 M 00 p no a .Oy p W laD O t7o 0 CL CL o n w o -n w (o c z 0 q 0 0 <. Om'n y' vca 11 E E 11 cn z r Q F z ` ` U U U� c c c n u U C S C G L C C 0 v U t - J T rX r T U i n U O O c U > U > > > O D O a > U m �n CU F H E E O O U U U O U O � lz� U O u U U U U U U U 0 U 4 U 0 C) GO U U qi 3i = U N O O O O j O C C N O E N p N N U U U+ U U+ U U+ U U+ c i L vt V> _ c h G O r C U � _O M r U U U U U G� v LJ 0 c O C- u Cy.7 L V U 7 U 7 V 7 U 7 U 7 U 7 U 1 C U V V U U U U E O O O O O O O O O O O O O O O O O O O O O O O M M M M M M M M U U U U U U U U U U U U C7 U C� U U U U U U U U V U U U V U V U U U7 U7 � J O •O �� V � 7 "� 7 u � p .� C w L� O• � N � O C. -0 L L L T V � � L V C t N j •� C4 r O O CD O O O O c0, V 7 7 V V M M M M M M M M U U U U U U U U t7 C7 t7 U U C� C7 U 3 7 u O r,Lj N OON y 7 7 3 U l7 V U U t U U t U U U T c c o to. O C C O y N` U 'O O ,NJ 72 ,'O.A cf Ei U Vce '+ Cwi m o y < o � •p -wi < p w w � tD -Ni S y y 7 � > > ?7 D• y .. ? � � d � chi Z. 0 U0 O '� o O a r on + n + n o o 7 + 7 7 a 7 O O N O n n n w w w w 0 0 0 0 C) O b O O O ti = w N O' ry 7 ry n S o 0 0 0 n n n n w w w w O O O O o O O O O O p p C C C 0 O O O O p N r m T-4 11 C U i V > V > N > U > V > U > U > U > U > U > O O O C O am O O O O n n ❑ a n a a n a R C G C C C C C G C C C G E E E E E E E E E O O O O O O O O O O U U U U U U U U U U OC C\ C\ C\ G1 G1 C, O\ � v v v v v v v c v v M M M M M M M M M M U U U U U U U U U U c�i u u u u u v u u u C cn cc I rA E 10 O L O cr L -O u U c p 00 u o a c N o CL E ` v CL .Du 7; V `p 0 °o cn v'» 0 Cl 0 0 Cl 0 0 0 0 Cl 7 V V V V 7 V V 7 7 M M M M M M M M M M C c N N N N N N O O ,u0 t t t t t t L U U t U U t cn t U u u U U U N m n u O U h_ h= m C. V cc3i p 9' >,, -D .Z V r—> z-3 xOrzOmz z n rn 7 O o N w y Fl r m �• C C C C C C O N G p� O 7 0 N C) C W O W O W O W O W O O O O O O v � w O � G rn °� �? rn =s —'� � w O. `n � C zy t9• 00 vI O c 3 w 7 a o� Nc =�7. o CL y N 4. N o woo E a o- w n �' O a X" W E3 -,j E w cn cn cn cn cn rn rn n w AO w w w w C) O o O O O O O O cr cr Q N O O 0 O o tD (D fD p 0 fD 4 y.: },c 0 0 11 Ll \ \ \ \ \ \ - � � /§ 7-- \ \ \ -25 (� uu+w+u e+ \ \ / M u _ & z \ \ 2 / \ \/ � 6 \ \ \ \\\\ \ \ \ :4e2 § \ \{�\\�\\ > \ \\\\\\\\ c o w 5 �: O w W a 00 N o � w n a N N c) C) C) n W W W W W W W W w O O O CDCl C:) C,O O O O O O O O O O [Oy- F Oo El ti O O y b� d to C/) co cn - w cn cn cn cn cn ro N co lD co lD ry lD w x -n to A O N fD to lD ro (D ry (C ry lD n n n nC) O O T n n n n �o.� o w b C> O O O lO O O O O O O O 9 3 3 4 w E 9 9 3 3 .T El 3 _ p 7 p Ej 0O (D El V+ N lA N O m w o 0 0 0 n 0 n m w to 7 C O N O y O-n O O p N � 7 p w � p E ° n n�a C _ A tlatv oil ,. = ■r• l J ICI O Iry O x� �k i E E 2 j /\ \\ , \ \ \ \ \ \ \ \ \ \\ \ \ \\ } C7, } } } / � ee - - - \ \ \ \ a J \�}ƒ�/w\u j3%oJ+uu+uu+= u \ 2 t 2 / \� / \\ \� { \ \ , \ \ \\\ /a°;9 \ g ± *r 2{gp. \ \ \ + + \ + + ( ( k ( ( u u z u u tr- \ \ \\ 0 : ®ve \ ( u / In 2J3/ <a 0 O y N 7 7 b p p 3 7 w w A P O O O O °0° E'n� �w :w O ry O O ry C OOq Q O 0n 00 O p o p o ay o o.y o 0 N O N O 7 7 ° p A tOi A O O O O c 0 o zram? 7 m X a C)+QC) V C-) b p N p C C C N N p + \ + 7 + N p 7 laD + faD + N N N N n n n n n w C) n n O O O O O Cl O O O O O O O O O O t7 O ° o Cf c n. a w ° lD w 00 y N N 1 D a 0 0 O O �J' cn cn cn cn cn C6 w cn co n n n n n L) n O O O O Cl O ° O O O O O O O n o 0 0 O 0 O 0 O 0 O 0 O o _ < p a 7 7 m c 7 `<o c c v a' � ' w Cn] x w A b rn o 7 O 0 O O =. �+ K O N O 7' 00 w w o UQ n n w � N, F II =,I C d E. E .O U LON L' O L' ate+ O 71 Aso ��CN FLU 0 3 0 0 3 0 `0 3 v R 'J� U C U C Y V X E y U T ° 0 �.c ° E c c L L U N U U T u T u 0 V N U N U o 0 L V L V iW U U U. N L C V V U E E E t c E v E v y V O U U u R_ CJ o f E E E E E n 0 E E E a V u a u u o 0 0 0 0 u c 0 0 CN 0 V V CD CD O O O C D V O O CD CN �O Q ni ni nr Q Q C\ 'v ni O V O U ._ O O O CD �V M !" V V V V V M V V V _ Mh a M M M U 1 C U C A b L d U W U U U U U U .E '� O U U U d v v V V V U v O0 U V V O O vi � vi ro V h t C C fC E o 3 YtE 3 c c c u 'D .c o :.D V] ri O cca G C � 3 U U � L U� v1 O O O O O O O O O O- O C\ C\ CD r\ r\ C\ C\ C> CN O Cl CD O O O O O O 0 O 0 0 O M M M M M M M M M M M U U U U U U U U U U U U C� C7 U U U U U U 0 U N N N + N N N N N + u u + + + + + + u L u U U U U ri o 0 E o �- T to V. w _ N V U C U L to y C Y C Y � clNS P12 0p, o F° s —1 O �i a n w w w o < fD o � � m 00 O N 0 pN N 00 Q N 0 O. w y v a b a b a v n. w v o. O CL + + 7 p 7 O N N w w w w w w w w w w A A A A A A A A A A 10 �Cl � - � � � � � O O O O O Cl O O O Cl CL cn 2 N w O n [y Q w ow w cn cp N w C/I w x -n cp W m cn co cn co cn co cn to cn to 0 w cn w x -n co cn co (D tD n 'n s L) m 0 G) G] G� � o K n rq. 0 OQ O O A O O O O O A O O N O Cl O N O V p O O O O O O N O b O o c co w o w 0 w 0 w o w aWo- w o co 0 a 7 O d S O N O N an�yy D Q �. n,. C1 y •z E m lmr ml C C O r C Y _i L o 3 CJ = Y u U T C u N C V L v L O L C U U U U U U u U O O O O O O O O - i U ❑ 7 6 of q c0 d cJ E L o 7 u E E E E E E E E U U U U U U U U O tD O U � O v 0 0 C\ O\ C1 C\ 01 01 01 0 O O O O O M O O y< M M M M M M M U_p u u u u O O V v v u U U= X M U U U U U U U U V] q U V] V] V] V] V] V] V] V] C h tz h 3= N 3 uu u s V -V a 72 c0i a ci E n v 7fl u U_ > � L O U U O L O O > to G O 0 m .. C rn � .L Ut U L L > L O Cl 7 V OV M 7 M z :L C3 V M V M 7 M M M M M U U M M U U U U U U U U CJ N 6 t7 C7 U t7 C7 U U N N N + C + N C C G + C U O v + O O O C C O ^ cn UUi V] U UU+UUi UU+V v h O O G 72 4 U C 0 O U c Y V n U _ E E vu Rf LL, Lu n Lu Vo Lu. E 55ZZ ou 0Eno u.> c a N l! /o W r G ° _ O O �p rrc) n n n A A A O CDO O O O G G fp y m fD X 0 � � 7 0 O w � � rn 7 to O � N R to f9 W X "Gb N W X A 0 R A 0 o= 5 Q M n �w ° �w V p O v° 3 a° 0 N O N o o O C��.a CAE a C n w o a � ° _ 3 ° d "1 A c + � N t °O N n n n A A A O O O O O O n � 0 S0 A O 0. 0 x R.° CJ 0 C�7ci n n � w 0, a o A O A O ° O b O O 0 0 7 0 0 O 0 o' � O 0 O N ° N n 0 � �, zy Uj 7 n VGO cn C/) ° G tlQ � G c r r fD } } N n n W w A A O O O O o Sao �m A w C 7 M N ° N G Y, c n c X O VO 7 n. N. O o G y ryrywpp '-'� -f (CD N n n W w ID b O O 0 0 3 � c m m �J 11 � L� 11 ; � \z \\\ to u cq io \ r (\ \ \ \ \ \ \ \ \ \ CN C) . * a # ) 3 z $ \ f \ $ \ \\\\\ \ \ \ \ \CN /\\\ \ ® e }( }( \ \� I: t: \ \ [ to ;a0-u \ \ \\\\ao \"j o \ \ \ \ \ \ \ \ \ \ \ a+ rq \ \ + + ± 7ƒ u u + j 2 j u u - .u\ — — — — \ \\ \\/.j\ \ \\ \\.\\} -- —�—�—C4 \ �� no n.U- �n w O O Cfl d Z ,wn ,n O 0 O 7 4 p, m y vi to — N N In t t N N N N N N NO AO ii n 'n n ii n C) n NO NO .iy m w w w O O O O O O O O O O O o E o a m o Q cn cn co cn cn C.0 C') w cn O N o o,0 5' � o � A O A O10 A O A O A O O O O p ry O O O O O O Cl nO O -tO T w c w cr w o w w a w o- w o- cc F F N N N OY y (<E N N N ,G7 w C7 am a Y n N n ry 7 n � o LME C- O 4.1 CS r A O M u F y- V _ yO YL 3 rnt •r, t C C Y V C Y J L c L c C O C u O C U rn O O > rn p 0 O O c O O L _ U V _ U eno4 0: eat`^` n.CN U U O U U O U u ei Y � a 3 u L. O U U J L CUJ O O j .N+ n C C\ G1 C\T O N N N O N N V'l N N L L U U U U U U U U U U u � c G G.. G u G� G G n G O G G G3 ❑ L e \G ~ E ƒ &§¥ \ ( \ \ \ \ \� jn\� \�\r) �Q ;e00 E00 0 ® \ \ } \ �\ $§ l ( ( , 7 &§\E ƒ@2 ƒ§ƒ yin (/( W. §\ \\ \/ uQ CL � §f \$ 1 Im y El u A C O E ri C O ^J U U U U n ti y n w C v a E o o E o LO o O U U O o V O O U O ll- C\ C, l— CN m M O Cl M O G O M 7 V M V U V Vh c0� n =P E u u u u u ° u U V V U U V O 3 E > 'm a o = 5 a U _ - O n 'A C U U O L 3 L L C .t- ti o � � � L :n tc O = O in 0 ;p to O O O O M O CN O M O —_ O u u u u N u O O N C O N t E t u p ++ + u < u u u u = U_ U C i>l IA - - O kn `' L n i v c cn '- E a = u >> u= 3 u c¢ 6 G� o«ozz�ro0 a -i 0 0 O Chi W (�9 w n O A w A 7 N A 7 n " n C) w w w w w w w 0 0 0 0 0 0 0 O O O O O O O o � w d w 7 N O S' 6.0 f~D OQ y X w N a O � lD N Q4 o .n n n C)CC) Cn) 0 CC) w w w w w w w A A A A A A A b C) O O O O O b O O n n n n n m O y y O rn H w O < D w o w o < `D w w •f o o < < < < < x an � o0 z xv ry z ro 0 A � gz O n k o' w o- ? O O o w O '. 7 y y n N N N w w w O O O O O O r £ A qq O G p N w cr p o o n y ? CL o w c O O tD q w w " o, a. c CIO c n n � w w w O O O b O b O l0 O O p A B 3 3 in w to c c O O O ry ry � m IJ , » _ t [I E ) ) ( ) ) ) ) ) ) ( \ ( ( ( ( ( ( ( \ \ u u u u u u u u u CL CL CL \\ 0 <� _= u / / / / U U rq \ 0 ( 2 ( ) C § ( | \ j/?ay j -+UU+ u /Tj./ /!{ to , A§& \_� \ j.)2/ ƒ]ƒ ƒjƒ cnu . ■ O C) n a a a a a a a o r c x b. c) t7 C) roC z ^� rA z ro < p z v O r r v z m rri r 8 d L < z rTl c d r r m °, o' is -w, £ a o a? o x x° a o c N E2. N C ry O O N W O O O N£ 0 0 N' O' O O H o '� m❑ o' 'h "' rn °' m � rn � O^ w R❑ O G "'y w lD N� A A� (D G ry C N C N ^� is io O io tlo �. 7� n y F P: .-• C � T .. O F F O G. C O C� rn� Fj rt A a � a o „ n O n � O O" F � ❑ C N � F ^T O F � � N 1) is E 11 N u c u U O U .c p N u w U C N p 'J U O - U U O � L U L U U .p L 9 O J C O O < n❑ U _ n > c G U .O n "' u > 'D O C. V cD O. � u � � G ?� iy T � O � t .0 ❑ o :�_ ci O C M ._Q .E h 0 0 U O O E .E p v: u La j y U u 'O a > C O G O .. C — .- T — y o y `O v ❑ o O ^L' _ u E op r. U :� ;-0 o .y O ,O .u. L �O 'j .� N n � �_ `J C � _U_ C J v luv y> C O n ._ U O � y� • L °'- o u O 0 O Z /� N Z O U 0_ Z 0 J N < r m m O z x m O C r m < r nai m o z C o m m o z m n O m a r. to O y R y On O 0. � a tr 'd n O tla 0 o a _ Q°C o � w rt S n rn O y�I ry N N a ° a, nJ a �1 ° y S R u Ll AP ,. i C V U O O y U G m cGi — � O ^ V O i oA cJt- �� O t/] U 0 0 U U opt "i�ii oZj ono °OZ) ° V D O O p 0 0^ L V V �- U � ^ 3 m O O m O V> y 0 3 o � G. U V O p mUUUUUu ��.U--000n.n.a O�>3 cn z Z m O � F Q r F a U a a d a U v O m v 2 U U U �3QUUm U>"V)U— mUUUUUmwL] U_-000C-Iaa.»>3 M r ® RESOLUTION NO.02-02 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 30W-33W FROM THE MORRO BAY FUEL DOCK, INC. (LOCATED AT 201 MAIN STREET) TO JAY AND MERELINE COAKLEY 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 30W-33W: and. WHEREAS. the Morro Bay Fuel Dock, Inc. is the lessee of said property; and. WHEREAS, the Mono Bay Fuel Dock; Inc. has requested City Council approval of assignment of the lease agreement for Lease Site 30W-33 W to Jay and Mereline Coakley; and, WHEREAS, the Coakleys have provided background and financial information as required to the City; and, WHEREAS, the City cannot unreasonably withhold assignment approval. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay that the lease agreement for Lease Site 'OW-33W is hereby assigned from the Mono Bay Fuel Dock. Inc. to Jay and Mereline Coakley and that the Mayor is hereby authorized to execute the assignment and assumption documents. BE IT FURTHER RESOLVED, that this assignment is contingent upon the City Attorney approval of the assignment and assumption documents by March 14, 2002. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 14`h day of January, 2002, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None �ylil�-tl.EveM �Owtln/ ® BRIDGET% BAUER, CITY CLERK RESOLUTION NO.01-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF PROPOSITION 42 - THE TRANSPORTATION CONGESTION IMPROVEMENT ACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San Francisco/Oakland second, San Diego sixth and Sacramento, San Jose and San Bemardino/Riverside following close behind; and WHEREAS, with our neglected transportation system needing attention, ® California has the third worst deteriorated roads in the nation and more than 6,000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and WHEREAS, Proposition 42 will provide a stable and on -going source of transportation funding that will make it possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will he subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. 11 Resolution No. 01-02 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby support Proposition 42 — The Transportation Congestion Improvement Act. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 14 day of January, 2002 on the following vote: AYES: NOES: ABSENT: Ev"MII Anderson, Crotzer, Elliott, Peirce, Peters None None AMQ�1/ ® BRIDGE AUER, City Clerk