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HomeMy WebLinkAboutResolution 01-03 to 63-03RESOLUTIONS 2003 NO. TITLE ADOPTED 60-03 RESOLUTION INITIATING AMENDMENTS TO TITLE 19 OF THE MORRO BAY MUNICIPAL CODE FOR A COMPREHENSIVE UPDATE AND REWRITE OF THE CITY ZONING ORDINANCE 11-24-03 61-03 62-03 63-03 rl RESOLUTION SUBMITTING TO THE VOTERS A BALLOT MEASURE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004; AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE 11-24-03 RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004 FOR THE PURPOSE OF VOTING ON AN INITIATIVE MEASURE; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE 11-24-03 RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY CONFISCATE LOCAL TAX FUNDS 12-08-03 RESOLUTIONS 2003 NO. TITLE ADOPTED 52-03 RESOLUTION ADOPTING CHANGES TO THE MASTER FEE SCHEDULE (WATER METERS) 10-27-03 53-03 RESOLUTION APPROVING A TRANSFER OF FUNDS FOR THE MONTE YOUNG PLAY- GROUND PROJECT AND AWARDING THE CONTRACT TO BRINAR CONSTRUCTION 11-13-03 54-03 RESOLUTION AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1 11-13-03 55-03 RESOLUTION AUTHORIZING THE INVEST- MENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND 11-24-03 56-03 RESOLUTION PROVIDING FOR CANCELATION OF THE SECOND CITY COUNCIL MEETING IN DECEMBER EACH YEAR 11-24-03 57-03 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF 4-WAY STOP SIGNS ON SAN JOAQUIN STREET AT BOTH GREENWOOD AVENUE AND CEDAR AVENUE I1-24-03 58-03 RESOLUTION APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 134-136 LOCATED AT 1245 EMBARCADERO FROM DAVID ROSS TO MARK AND BONNIE TOGNAZZINI I 1-24-03 59-03 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM 11-24-03 ® RESOLUTIONS 2003 NO. TITLE ADOPTED 46-03 RESOLUTION APPROVING AN APPLICATION, FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/I'ECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM 9-22-03 47-03 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY TO ANALYZE THE FEASIBILITY OF MAINTAINING COMMERCIAL FISHING ACTIVITY AT THE CITY NORTH T-PIER AREA 9-22-03 ® 48-03 RESOLUTION AUTHORIZING LEGAL ACTION TO FORCE THE UNITED STATES FISH AND WILDLIFE SERVICE TO RESPOND TO THE CITY'S PETITION TO DELIST THE WESTERN SNOWY PLOVER 9-22-03 49-03 RESOLUTION AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN 10-13-03 50-03 RESOLUTION ADOPTING A POLICY STATEMENT REGARDING REAUTHORIZATION OF THE MARINE MAMMAL PROTECTION ACT 10-13-03 51-03 RESOLUTION ADOPTING THE MULTI -HAZARD EMERGENCY PLAN, PART 1- BASIC PLAN, AND THE CALIFORNIA STANDARDIZED EMERGENCY MANAGEMENT SYSTEM 10-27-03 11 7 RESOLUTIONS 2003 NO. TITLE ADOPTED 39-03 RESOLUTION RELATING TO THE CLASSIFICATION AND TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY 07-14-03 40-03 RESOLUTION ENDORSING THE CONCEPT AND AND EFFORTS OF THE CALIFORNIA HIGHWAY PATROL TO CONDUCT A DRIVING UNDER THE INFLUENCE TRAFFIC SAFETY PROJECT AND AUTHORIZING THE MORRO BAY POLICE DEPT. TO PARTICIPATE 07-14-03 41-03 RESOLUTION ESTABLISHING TIME LIMITS IN THE PUBLIC PARKING LOT AT 714 EMBARCADERO 07-28-03 42-03 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL (2.7% @ 55 AND ONE- YEAR FINAL COMPENSATION FOR LOCAL MISCELLANEOUS MEMBERS) 07-28-03 43-03 RESOLUTION ADOPTING THE CITY OF MORRO BAY STORMWATER MANAGEMENT PLAN FOR FISCAL YEARS 2003-2004 THROUGH 2O07-2008 08-25-03 44-03 RESOLUTION APPROVING AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W (ROSE'S LANDING) 08-25-03 45-03 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH DEPARTMENT OF BOATING AND WATERWAYS FOR S40,000 EQUIPMENT GRANT 08-25-03 RESOLUTIONS 2003 NO. TITLE ADOPTED 32-03 RESOLUTION APPROVING A 22-YEAR LEASE FOR LEASE SITE 52/52W AT 495 EMBARCADERO WITH ASSOCIATED PACIFIC CONSTRUCTORS 05-27-03 33-03 RESOLUTION APPROVING A 10-YEAR LEASE AGREEMENT FOR MOORING ZONE Al-3 LOCATED OFF SHORE OF 541 EMBARCADERO WITH MORRO BAY YACHT CLUB 05-27-03 34-03 RESOLUTION APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 34W LOCATED AT 225 MAIN STREET FROM THE MARSALEK PARTNERSHIP TO NORMAN ARNOLD 05-27-03 ® 35-03 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-23-03 36-03 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-23-03 37-03 RESOLUTION APPROVING A FIVE-YEAR RENTAL CREDIT FOR LEASE SITE 93-95/93W-95W LOCATED AT 901 EMBARCADERO FOR ON -GOING COSTS OF PROVIDING PUBLIC RESTROOMS ON THE SITE 06-23-03 38-03 RESOLUTION APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF-INSURANCE, LOSS POOLING AND EXCESS INSURANCE 06-23-03 RESOLUTIONS 2003 NO. TITLE ADOPTED 25-03 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-28-03 26-03 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-28-03 27-03 RESOLUTION IN OPPOSITION TO CREATION OF A NATIONAL MARINE SANCTUARY IN THE ® SAN LUIS OBISPO COUNTY COASTAL AREA, AND OPPOSITION TO EXPANSION OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY INTO THE SAN LUIS OBISPO COUNTY COASTAL AREA 04-28-03 28-03 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 05-27-03 29-03 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA 05-27-03 30-03 RESOLUTION ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2003-2004 05-27-03 31-03 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004 05-27-03 ® RESOLUTIONS 2003 NO. TITLE ADOPTED 18-03 RESOLUTION AMENDING THE OPERATING BUDGET OF THE GENERAL FUND AND REDUCING APPROPRIATIONS FOR FISCAL YEAR 2002-2003 03-24-03 19-03 RESOLUTION ESTABLISHING 4-HOUR PARKING LIMITS AND HANDICAPPED PARKING SPACE DESIGNATIONS ON THE WEST SIDE OF THE EMBARCADERO NORTH OF BEACH STREET THROUGH THE 1300 BLOCK OF EMBARCADERO 03-24-03 . 20-03 RESOLUTION ESTABLISHING ETHICS POLICY AND CREATING A CODE OF ETHICS FOR THE CITY OF MORRO BAY 04-14-03 ® 21-03 RESOLUTION AUTHORIZING TO SUBMIT A GRANT APPLICATION FROM THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (POLICE- CODE ENFORCEMENT) 04-28-03 22-03 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A STOP SIGN ON SAN JACINTO STREET AT MAIN STREET 04-14-03 23-03 VOID 24-03 RESOLUTION AUTHORIZING AN AGREEMENT WITH SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT DIVISION OF ANIMAL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF MORRO BAY 04-28-03 11 ® RESOLUTIONS 2003 NO. TITLE ADOPTED 09-03 RESOLUTION APPROVING ASSIGNMENT OF LEASE _ AGREEMENT FOR LEASE SITE 53-56/53W-56W FROM SYLVESTER'S TUG SERVICE TO ESTERO LANDING, INC. 02-10-03 10-03 RESOLUTION APPROVING AMENDMENT #3 TO THE LEASE AGREEMENT FOR LEASE SITE 102/102W LOCATED AT 1001 EMBARCADERO 02-10-03 11-03 RESOLUTION OPPOSING THE GOVERNOR'S ® BUDGET PROPOSAL TO REMOVE BASIC AID STATUS 02-24-03 12-03 RESOLUTION APPROVING A THIRTY-THREE DAY EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMM. 02-24-03 13-03 RESOLUTION APPROVING PROGRAM SUPPLEMENT FOR WATERFRONT BOARDWALK PROJECT 03-24-03 14-03 VOID 15-03 RESOLUTION AWARDING CONTRACT FOR SPRING 2003 OVERLAY PROJECT 03-24-03 16-03 RESOLUTION OF INTENTION TO AMEND THE CONTRACT BETWEEN PERS AND THE CITY (3% @55 FOR FIREFIGHTERS) 03-24-03 17-03 RESOLUTION AMENDING THE CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2002-2003 03-24-03 E u l C RESOLUTIONS 2003 NO. TITLE ADOPTED 01-03 RESOLUTION ADOPTING THE CITY'S INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-13-03 02-03 03-03 04-03 05-03 J mwI RESOLUTION REVOKING COUNCIL RESOLUTION NO. 13-01 AND THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED TO BEACH CITIES CAB COMPANY, INC. 01-13-03 RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES 01-13-03 RESOLUTION DISCOURAGING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY 01-13-03 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF FIRE EMPLOYEES OF THE CITY OF MORRO BAY 01-27-03 RESOLUTION AWARDING INVITATION TO BID ON PURCHASE OF ONE NEW LIFT -EQUIPPED TROLLEY 01-27-03 07-03 RESOLUTION APPROVING THE DESIGNATIONOF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY, ENFORCEMENT SECTION, AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY 02-10-03 08-03 RESOLUTION APPROVING A TEN-YEAR CABLE FRANCHISE RENEWAL AGREEMENT WITH CHARTER COMMUNICATIONS 02-10-03 RESOLUTION NO.63-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY CONFISCATE LOCAL TAX FUNDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State Government of California currently seizes $824 million of city property tax funds (ERAF), seriously reducing resources available for local public safety and other services and increasing pressure on cities to raise fees on new housing developments, increasing the cost of housing; and WHEREAS, in adopting the FY 2003-04 state budget the State Government confiscated local vehicle license fee backfill and redevelopment property tax funds that are needed to finance critical city services such as public safety, housing and economic development; and WHEREAS, the FY 2003-04 budget also relies on a deficit bond financing program opposed by the League that is predicated on a local property and sales tax swap that leaves cities vulnerable to future losses if the state's economic condition fails to improve; and WHEREAS, the adopted budget assumes the state will continue to face an ongoing structural budget deficit of at least $8 billion, putting local government financial resources at risk in future years; and WHEREAS, it is abundantly clear that state leaders will continue to use local tax funds to balance the state budget unless the voters limit the power of the State Government to do so; and WHEREAS, research conducted by the League in recent years indicates that an initiative that requires voter approval before the state government can confiscate local tax funds would likely be supported by an overwhelming number of voters; and WHEREAS, the voters of California are the best judges of whether funds traditionally used to finance valuable community services should be diverted, confiscated, shifted or otherwise taken by the legislature to finance an ever expanding state government; and Resolution No. 63-03 Page Two WHEREAS, the Board of Directors of the League of California Cities by unanimous roll call vote at its July 2003 meeting voted to sponsor a statewide ballot initiative known as "The Local Tax Payers and Public Safety Protection Act," to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government; and WHEREAS, the League Board of Directors has established a political action committee, known as CITIP AC, to raise private funds to finance part of the cost of such statewide initiative campaign; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay supports the action of the Board of Directors to sponsor such an initiative. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8's day of December 2003 on the following vote: ® AYES: NOES: ABSENT: ATTEST: El Elliott, Peirce, Peters, Winholtz, Yates None None RESOLUTION NO.62-03 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004 FOR THE PURPOSE OF VOTING ON AN INITIATIVE MEASURE; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTIONTO BE HELD ON TUESDAY, MARCH 2, 2004, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Morro Bay, California, signed by more than fifteen percent (15%) of the number of registered voters of the City, to submit a proposed ordinance relating to amending the Morro Bay Municipal Code to replace city-wide council elections with district elections, and change the Mayor from an elected office to a rotation among elected council members; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and ® WHEREAS, the City Council is authorized and directed by statute to submit the proposed initiative measure to the voters; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of San Luis Obispo canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, March 2, 2004, for the purpose of placing an initiative on the ballot. SECTION 2. That an initiative is to appear on the ballot as follows: Measure "F" - Shall the Municipal Code be amended to replace city-wide council elections with district elections whereby each of the five members of ® the City Council is elected by a separate district and change the Mayor from an elected office to a rotation among elected council members? Resolution No. 62-03 Page Two SECTION 3. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That 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 costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of San Luis Obispo. SECTION 7. That the City Clerk 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 November 2003 on the following vote: AYES: NOES: ABSENT: ATTEST: ' 1p Elliott, Peirce, Peters, Winholtz, Yates None None RESOLUTION NO. 61-03 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUBMITTING TO THE VOTERS A BALLOT MEASURE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004; AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE THE CITY COUNCIL City of Morro Bay, California WHEREAS, an initiative petition was presented to the City Clerk on November 7, 2003 to amend the Morro Bay Municipal Code to replace city-wide council elections with district elections, and change the Mayor from an elected office to a rotation among elected council members; and WHEREAS, said initiative petition has been examined by the City Clerk and certified as being sufficient in accordance with Section 4011 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at a Special Election to be held on March 2, 2004; and WHEREAS, the Morro Bay City Council did, by Resolution No. 62-03, call said Special Election and requested the County Board of Supervisors to approve consolidation of the election ® with the statewide Primary Election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The City Council, pursuant to its authority in accordance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said Special Election the following question: Measure "F" - Shall the Municipal Code be amended to replace city-wide council elections with district elections whereby each of the five members of the City Council is elected by a separate district and change the Mayor from an elected office to a rotation among elected council members? 2. The City Clerk is hereby directed to forward a copy of Resolution Nos. 61-03 and 62-03 to the County Clerk for inclusion in the ballot for the March 2, 2004 Primary Election. The initiative measure shall pass only if a majority of the votes cast by voters voting on the measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. C E. Resolution No. 61-03 Page Two 4. The City Council hereby directs the City Attorney to prepare an impartial written analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 5. The City Council authorizes its members to file written arguments for or against the measure described above and which is contained in Exhibit I to this resolution, which exhibit is incorporated by reference. All written arguments filed by any person in favor or against the measure shall be accompanied by the names and signatures of the persons submitting the arguments as required by applicable law and any names, signatures and arguments may be filed until December 11, 2003 at 12:00 noon, the time and date fixed by the City Clerk, after which no change may be submitted to the City Clerk unless permitted by law. 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney's impartial analysis, and any arguments for or against the measure, to be mailed to all qualified voters with the ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty _(40) days and not more than sixty (60) days before the Special Municipal Election, shall cause the text of the measure to be published once in the official newspaper. The City Clerk is authorized ® to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election. 7. The provisions of Resolution No. 62-03 refer to more particulars conceming the Special Municipal Election to be held on March 2, 2004 and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the24th day of November 2003 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None RESOLUTION NO.60-03 ® A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, INITIATING AMENDMENTS TO TITLE 17 (ZONING ORDINANCE) OF THE MORRO BAY MUNICIPAL CODE FOR A COMPREHENSIVE UPDATE AND REWRITE OF THE CITY ZONING ORDINANCE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on August 11, 2003, the City Council of the City of Morro Bay directed staff to prepare and solicit requests for proposals (RFP's) for a comprehensive update and rewrite of the City's Zoning Ordinance; and WHEREAS, Section 17.64.030 of the Morro Bay Municipal Code sets forth the provisions for amending the Zoning Ordinance, and requires that a Resolution of Intention be adopted to initiate the amendment process; and WHEREAS, staff was given general direction to simplify the Zoning Ordinance and Official Zoning Map; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City if Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter, and, 2. That the Council does hereby file a Resolution of Intention to initiate amendments to Tide 17, of the Morro ® Bay Municipal Code; and, PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 20 day of November 2003, by the following vote to wit: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None WILLIAM YATES, ATTEST: APPROVED AS TO FORM: ROBERT W. SCHUL Esq. CITY ATTORNEY RESOLUTION NO.59-03 A RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) annually adopts the Federal Transit Administration (FTA) Section 5311 formula funds Program of Projects (POP); and WHEREAS, SLOCOG began the Rural Transit Fund (RTF) program with Resolution 02-16 on December 5, 2002 by programming S423,757 of Federal funds to the Regional Transit Authority (RTA); and WHEREAS, RTA has agreed to use these Federal funds for operating support and SLOCOG has agreed to exchange a similar amount of TDA funds for use in the RTF program; and WHEREAS, SLOCOG, RTA, and other rural transit operators have worked together to develop a process to exchange FTA Section 5311 formula funds with Transportation Development Act (TDA) funds to create the Rural Transit Fund, including Policies and Procedures to govem the RTF program; and WHEREAS, the Policies and Procedures developed ensure that all funds will be used solely for rural transit projects consistent with the original intent of the FTA Section 5311 program, which is to maintain a reliable funding source for transit capital in the non -urbanized areas of San Luis Obispo county; and is WHEREAS, the deadline for applications to SLOCOG for the first cycle of this newly created RTF for eligible projects is December 1, 2003. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council authorizes the City Manager to submit applications to the Rural Transit Fund for the transit improvement projects in Exhibit A. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24'b day of November 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: BRIDGE AUER, City Clerk C 0 � \J E § ( \ } / § \ $ \ @ k 0 / $ n ƒ \ / \ \ / / } / /.aCD \ ƒ » ƒ 2 ` \ �_ CD \ - )_ n � o ( CD / § CD{ / \ CD / CD _ 2 ] \ / 3• B y ƒR §CD _ CD CD sK \ { CD _ CD k/ \CD ( , ƒ ( { CD RE n � RESOLUTION NO.58-03 ® APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 134-136, LOCATED AT 1245 EMBARCADERO, FROM THE DAVID ROSS TO MARK AND BONNIE TOGNAZZINI 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 134-136; and, WHEREAS, David Ross is the lessee of said property; and, WHEREAS, the David Ross has requested City Council approval of assignment of the lease agreement for Lease Site 134-136 to Mark and Bonnie Tognazzini; and, WHEREAS, Mark and Bonnie Tognazzini 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 Morro Bay that the lease agreement for Lease Site 134-136 is hereby assigned from David Ross to Mark ® and Bonnie Tognazzini 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 final assignment and assumption documents by January 26, 2004. BE IT FURTHER RESOLVED, that Mark and Bonnie Tognazzini have requested they be allowed to close the business for 60 days in order to complete necessary repairs to the facilities, and that permission to close the business for 60 days is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24`" day of November 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None 9 RESOLUTION NO. 57-03 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF 4-WAY STOP SIGNS ON SAN JOAQUIN STREET AT BOTH GREENWOOD AVENUE AND CEDAR AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersections along San Joaquin Street, east of Main Street are under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety, and welfare to install additional stop signs at these intersections; and WHEREAS, California Vehicle Code Section 21354 provides for said installations through the designation of a stop intersection and installation of stop signs at one or more entrances hereto. NOW, THEREFORE, BE 1T RESOLVED, by the City Council, City of Morro Bay, California, that the intersections of San Joaquin Street and both Greenwood Avenue and Cedar Avenue are hereby designated as 4-way stop intersections 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 24th day of November 2003, by the following vote. AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: .r..1':D. i ' 1 1;1 ' ® RESOLUTION NO.56-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, PROVIDING FOR CANCELLATION OF THE SECOND CITY COUNCIL MEETING IN DECEMBER EACH YEAR THE CITY COUNCIL City of Morro Bay, California WHEREAS, the schedule of meetings for the City Council of the City of Morro Bay is established pursuant to Municipal Code, Section 2.08.010; and WHEREAS, the Municipal Code calls for meetings to be held on the second and fourth Monday of each month; and WHEREAS, the City Council desires to routinely cancel the meeting normally occurring on the fourth Monday of December; and WHEREAS, the City Council remains authorized to reinstate the cancelled meeting at any prior meeting, by its motion. NOW, THEREFORE BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY that the City Council regular meeting ® normally occurring on the fourth Monday of December shall be routinely cancelled; and BE IT FURTHER RESOLVED that the action of this resolution can be suspended in any individual instance by motion of the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the twenty-fourth day of November 2003, by the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None q. N 11 WILLIAM YATES, RESOLUTION NO. 55-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of local agency for purposes of investment by the State Treasurer, and WHEREAS, the Morro Bay City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council does hereby authorize the deposit and withdrawal of City of Morro Bay monies in the Local Agency Fund in the State Treasury in accordance with the provision of Section 16429.1 of the Government Code for the purpose of investment as stated herein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following City of Morro Bay officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: William Yates Robert E Hendrix W. lames Koser Laurie Goforth Mayor ;ig�n�a Manager FinVatftuire ' Senior Account Tech Signature +ignaa4 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of November 2003, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None U&� RESOLUTION NO.54-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 and 1.3.7.1.1 WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay 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 adopted Resolution 46-02 and its Council Policies and Procedures Manual on August 12, 2002; and WHEREAS, the City desires to amend Sections 1.2.2 and 1.3.7.1.1 of the Council Policies and Procedures Manual, to codify existing City practice and State and Federal law as follows: 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL - MEMBER) ® Any Councilmember may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the "Declaration of Future Agenda Items" section of the regular agenda If a majority of the Council approves, staff will prepare a staff report for the next agenda if formal Council action is required. Otherwise, the Councilmember making the request is strongly encouraged to provide at a minimum a brief description as to the focus of the discussion. If only one other Councilmember supports hearing the item, an item will be listed on the next available agenda to consider the matter of whether or not the Council will take up the item itself. The Council will take no action on the substance of the matter at this second review unless there is adeauate public notice and information is provided for the Council to make an informed decision. If at this meeting a majority of the Council approves, staff will prepare a staff report for the subsequent agenda if formal Council action is required. 11 Resolution No. 54-03 Page Two 1.3.7.1.1 Each person addressing the City Council shall do so in an orderly manner and shall net make the Council respectfully requests that speakers refrain from making repetitious, slanderous or irrelevant remarks, or engageing in any other disorderly conduct which disrupts, disturbs, or otherwise impedes the orderly conduct of the Council meeting. Any person who so disrupts the meeting may, at the discretion of the Mayor or a majority of the City Council, be subject to ejection from that meeting. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Sections 1.2.2 and 1.3.7.1.1 of the Council Policies and Procedures Manual to reflect the above amendments. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 13th day of November 2003 by the following vote: AYES: Winholtz, Peters, Peirce ® NOES: Yates, Elliott ���� ABSENT: None UAL WILLIAM YA R ATTEST: Qn.7V�� BRIDGETT AAUER, CITY CLERK E RESOLUTION NO.53-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING A TRANSFER OF FUNDS FOR THE MONTE YOUNG PLAYGROUND PROJECT AND AWARDING THE CONTRACT FOR THE PROJECT TO BRINAR CONSTRUCTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Recreation and Parks Commission and the Morro Bay City Council approved playground replacement in the City's park system; and, WHEREAS, in the Fiscal Year 2001-2002 Budget, $30,000 of funding was provided for playground replacement, Capital Improvement Project No. 83-18; and, WHEREAS, in October 2001, the City Council approved Resolution No. 62-01 authorizing application for the 2001/2002 Park Playground Accessibility and Recycling Grant Program; and, WHEREAS, in January, 2002 the City was notified of the grant award of $49,000 for the renovation of Monte Young Park which was combined with the $30,000 of General Fund monies fora total project budget of $79,000; and, WHEREAS, the low bid for Monte Young Playground Project exceeded the amount budgeted by approximately $18,215. ® NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay approves the transfer of $10,000 of General Fund monies from the Teen Center - Permanent Skate Park Design Capital Project No. 83-17 to the Playground Equipment Renovation/Monte Young Playground Project No. 83-18. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay authorize the use of $8,215 of Park Fee funds for the Monte Young Playground Project. BE IT FINALLY RESOLVED that the City Council of the City of Morro Bay award the bid for the Monte Young Playground Project, Project No. 83-18 to Brinar Construction of San Luis Obispo in the amount of $64,580.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13'b day of November 2003 by the following role call vote: AYES: Elliott, Peirce, Peters, Winholtz Yates NOES: None ABSENT: None WILLIAM YATES, R ATTEST: f� �M BRIDGE o AUER, CITY CLERK E 11 RESOLUTION NO. 52-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING CHANGES TO THE MORRO BAY MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes"; and WHEREAS, the City has reviewed certain fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Morro Bay Master Fee Schedule is changed for the following fees: 1) Meter Instal lation/Connection Fee for 3/4-inch meter New Fee is S1,557.39 2) Meter Installation/Connection Fee for 1 inch meter New Fee is S 1,929.83 BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the above changes to the Morro Bay Master Fee Schedule will be effective for fees collected on or after January 1, 2004. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of October 2003 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None BRIDGET13BAUER, City Clerk E RESOLUTION NO.51-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE MULTI -HAZARD EMERGENCY PLAN, PART 1— 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, establishes emergency lines of Council member succession 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 City facilities and personnel into an efficient organization capable of responding in the event of an emergency. THEREFORE, BE IT RESOLVED, the City of Morro 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 Morro Bay at a regular meeting thereof held on the 27'h day of October 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None None ABSENT: ATTEST: ® � BRIDGETT%3AUER, CITY CLERK ® RESOLUTION NO.50-03 CITY OF MORRO BAY POLICY STATEMENT REGARDING REAUTHORIZATION OF.THE MARINE MAMMAL PROTECTION ACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Marine Mammal Protection Act (MMPA) was passed in 1972 which prohibits harassing or disturbing any marine mammals; and, WHEREAS, populations of California Sea Lions, Pacific Harbor Seals and Northern Elephant Seals have grown astronomically in recent years, are not threatened and may be at or beyond historic natural levels; and. WHEREAS, increasing population of California Sea Lions and Pacific Harbor Seals are now causing distinct and significant safety, property damage and public health concerns throughout the coast of California; and; WHEREAS, Northern Elephant Seals may need to be managed to insure they do not ® conflict with traditional heavy human use beach areas, and WHEREAS, conflicts with pinipeds and the public and economic damage now occurs on a daily basis and are of ever increasing severity and public agencies do not have management authority to properly deal with these issues under the current MMPA language; and, WHEREAS, the MMPA is currently being considered for reauthorization and the City of Morro Bay desires to establish a policy.regarding requesting changes to the MMPA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that because populations of California Sea Lions, Pacific Harbor Seals and Northern Elephant Seals are at historic highs, these mammals should be removed from listing for specific protection under the MMPA; and, FURTHERMORE, the City of Morro Bay herby resolves the MMPA should be amended to allow public agencies to remove pinnipeds for public health and or safety reasons and to provide for effective deterrent methods in managing these animals. At a minimum National Oceanic Atmospheric Administration (NOAA) should be directed to implement a management plan to develop deterrent and control methods with local agencies. 2 ® Resolution No. 50-03 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13`h day of October, by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None BRIDGETTq3AUER, CITY CLERK l WILLIAM YATES, ® RESOLUTION NO.49-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF MORO BAY CASE NO. GPA 01-03 WHEREAS, California State Law, (Section 65588) requires that local jurisdictions update their Housing Elements of the General Plan; and WHEREAS, the need to update the 1995-2000 Housing Element is largely the result of San Luis Obispo Council of Governments (SLOCOG) recent establishment of the City's regional housing needs assessment (RHNA) numbers; and WHEREAS, the Planning Commission held public hearings on March 19, 2003, May 20, 2003, July 22, 2003 and September 15, 2003 to receive and consider public testimony prior to making recommendations to the City Council concerning amendments to the 1995-2000 Housing Element; and WHEREAS, a Notice of Availability of an Initial Study and Proposed Negative Declaration for the update of the Housing Element was issued on August 5, 2003; and ® WHEREAS, comments were received during the thirty (30) day public comment period on the environmental document and the responses have been incorporated into the public record; and WHEREAS, the Planning Commission conducted a public hearing on September 15, 2003 to consider a recommendation for adoption of the Initial Study and Negative Declaration for the update of the Housing Element; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 15, 2003 to consider a recommendation for adoption of the 2001-2008 Housing Element of the General Plan and voted unanimously to recommend its adoption to the City Council; and WHEREAS, the City Council has fully considered the Initial Study and Negative Declaration on the update of the Housing Element, and WHEREAS, the City Council conducted a duly noticed public hearing on October 13, 2003 following the public hearing, and consideration of the comments by all persons written and oral, the City Council approved the amendment to the Housing Element of the General Plan; and l ® Resolution No. 49-03 Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HERBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study and Final Negative Declaration prepared for the Housing Element update is complete and adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) and that the project will not have a significant adverse effect on the environment. SECTION 2. The City Council finds that the Housing Element complies with the requirements of Government Code Section 65302©, as provided in Government Code Article 10.6. SECTION 3. The document attached hereto marked Exhibit G is hereby approved and adopted as the Housing Element of the General Plan of the City of Morro Bay. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. ® PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the day of October 13, 20032 by the following vote to wit: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None William Yates. ATTEST: L�A4-* \&X;� Bridgett 13er, City Clerk ® RESOLUTION NO.48-03 RESOLUTION AUTHORIZING LEGAL ACTION TO FORCE THE UNITED STATES FISH AND WILDLIFE SERVICE TO RESPOND TO THE CITY'S PETITION TO DELIST THE WESTERN SNOWY PLOVER The City Council, City of Morro Bay, California WHEREAS, in 1993, the Pacific Coast Population of the Western Snowy Plover (WSP) was listed as a Threatened Distinct Population Segment by the United States Fish and Wildlife Service under the Endangered Species Act of 1973 (ESA), and; WHEREAS, the City of Morro Bay contends that listing of the WSP is erroneous given current scientific data and that the WSP should be removed from the Threatened Species List, and; ® WHEREAS, on May 30, 2003, the City of Morro Bay filed a Petition to Delist the Pacific Coast Population of the Western Snowy Plover, and; WHEREAS, pursuant to Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) the United States Fish and Wildlife Service is required to a make a finding within 90 days on whether the City's Petition to delist the WSP presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and; WHEREAS, the United States Fish and Wildlife Service has failed to make the required finding within 90 days pursuant to Section 4(b)(3)(A) of the ESA, and; WHEREAS, the Pacific Legal Foundation, a public interest law firm, is willing to file a Complaint, and pursue litigation, on behalf of the City of Morro Bay, at no cost to the City except for expenses; i.e., filing fees (typically less than $2,000.00) and possibly payment of the Government's costs if the City lost the case and the Court so ordered, and; WHEREAS, as a condition of formal representation, Pacific Legal Foundation shall provide a written Retainer Agreement for the City's review, setting forth all material terms and conditions in connection with said representation, and setting forth any and all financial obligations of the City in connection with the subject litigation, such representation to commence upon the signing of said Agreement by the City, and; CI ® Resolution No. 48-03 Page Two WHEREAS, the City Council for the City of Morro Bay is committed to promoting the economy of Morro Bay, and has a vested interest in protecting the safe use and enjoyment of the City's public lands by and for its citizens; NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, and subject to execution of a written Retainer Agreement, the City intends to initiate litigation against the United States Fish and Wildlife Service, through the Pacific Legal Foundation, for the purpose of forcing the United States Fish and Wildlife Service to act on the City's Petition to Delist the Pacific Coast Population of the Western Snowy Plover. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 22nd day of September 2003, by the following vote: AYES: Elliott, Peirce, Yates NOES: Peters, Winholtz ABSENT: None ® ABSTAIN: None ATTEST: I Bridgett Ba r, City Clerk C E RESOLUTION NO. 47-03 AUTHORIZATION FOR THE CITY TO ENTER INTO GRANT AGREEMENT NO. 03-054 WITH THE STATE COASTAL CONSERVANCY TO ANALYZE THE FEASIBILITY OF MAINTAINING COMMERCIAL FISHING ACTIVITY AT THE CITY NORTH T-PIER AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the owner of the North T-Pier a portion of which is designated as Lease Site 129W-133W; and, WHEREAS, the City is interested in maintaining commercial fishing related businesses on the site; and, WHEREAS, the State Coastal Conservancy has approved a grant agreement in the amount of $35,000 to assist in development of strategies for long-term planning on the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay hereby approves of entering into Grant,Agreement No. 03-054 ® with the State Coastal Conservancy. BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized to execute said grant agreement and to act as the City's agent for said grant agreement. 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 September 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None 11 RESOLUTION NO.46-03 ® A RESOLUTION APPROVING AN APPLICATION, FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/fECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City Council, City of Morro Bay, California WHEREAS, the State Department of Housing and Community Development has announced the availability of $3,046,465 under the 2003/2004 Community Development Block Grant (CDBG) General Planning and Technical Assistance (P/fA) Allocation; and WHEREAS, this funding is in the form of grants to small cities and counties for planning and feasibility studies related to CDBG eligible activities such as housing, public works and community facilities; and WHEREAS, the City of Morro Bay is in need of funding to conduct a Household Income Survey and a Housing Conditions survey to determine eligibility for future CDBG funding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the application for up to $35,000.00 for a Household Income Survey and ® a Housing Condition Survey is hereby approved and further determines that federal Citizen Participation requirements were met during the development of this application; and BE IT FURTHER RESOLVED that the City Council hereby reallocates CDBG Loan Repayment Funds in the amount of $5,950.00 for use as the City's local match for this project; and BE IT FURTHER RESOLVED that the Director of Public Services is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application, including but not necessarily limited to executing the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on September 22, 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None 11 ® RESOLUTION NO.45-03 APPROVAL AND AUTHORIZATION TO EXECUTE CONTRACT 903-204-045 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR A $40,000 EQUIPMENT GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is responsible for boating law enforcement and search and rescue operations on the waters of Morro Bay harbor within the City jurisdiction; and, WHEREAS, the City of Morro Bay operates and maintains three Harbor Patrol vessels to fulfill the above responsibilities; and, WHEREAS, the City has made an application for and been awarded a grant for $40,000 in miscellaneous equipment and refitting of Harbor Patrol vessels in FY03-04, which now must be executed by the City and submitted to the State of California for final execution prior to completing the work under the grant. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Harbor Director, Rick Algert, is authorized to execute grant agreement #03-204-045 and to fulfill all other terms of said agreement with the California Department of Boating and Waterways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 251s day of August 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None 09 WILLIAM YATES, i�BRffiGET-0A0ER,­ClTY CLERK ® RESOLUTION NO.44-03 APPROVAL OF AMENDMENT 41 TO THE LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W, LOCATED AT 725 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 82-85/82W-85W, located at 725 Embarcadero; and, WHEREAS, Doug Redican, principal of 725 Embarcadero Incorporated, is the Tenant of said property; and, WHEREAS, the Tenant is in the process of obtaining final building permits for improvements on said property estimated to cost $1,499,407.00 and Tenant has met with delays in the permitting process; and, ® WHEREAS, the City has proposed an amendment to the lease agreement to offset some of the unforeseen delays and cost increases in Tenant's redevelopment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment #1 to the Lease Agreement for Lease Site 82-85/82W-85W is hereby approved and that the Mayor is hereby authorized to execute said Amendment. PASSED AND ADOPTED bX the City Council of the City of Morro Bay at a regular meeting held thereof on the 25 day of August 2003, by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: . Winholtz ABSENT: None RESOLUTION NO. 43-03 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE CITY OF MORRO BAY STORMWATER MANAGEMENT PLAN FOR FISCAL YEARS 2003-2004 THROUGH 2O07-2008 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Stormwater Management Plan (SWMP) was prepared by the City of Morro Bay to comply with mandatory requirement of the U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Phase 11 Final Rule and the State Water Resources Control Board (SWRCB) General Plan; and WHEREAS, the City of Morro Bay Stormwater Management Plan (SWMP) was also prepared to comply with the State Water Resources Control Board adopted Water Quality Order No. 2003 — 0005 — DWQ National Pollutant Discharge Elimination System, (NPDES) General Permit Number CAS000004 Waste Discharge Requirements (WDRs) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s); and ® WHEREAS, on the 25th day of August, 2003, the City Council did hold a duly noticed Public Hearing following the release of the draft document for public review on the City of Morro Bay Stormwater Management Plan (Fiscal Years 2003-2004 through 2007-2008). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: A. The City Council of the City of Morro Bay hereby receives and adopts the City of Morro Bay Stormwater Management Plan as submitted by the Public Services Director, as incorporated herein as if attached hereto; and B. Direct that staff submit the City of Morro Bay Stormwater Management Plan to the Regional Water Quality Control Board before the deadline of October 27, 2003. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 25th day of August, 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None V. ABSENT: None WILLIAM YATES, . r BRIDGETT i r RESOLUTION NO.42-03 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 OF MORRO BAY (2.7% @ 55 AND ONE-YEAR FINAL COMPENSATION FOR LOCAL MISCELLANEOUS MEMBERS) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: ® To provide Section 21354.5 (2.7% @ 55 Full Formula) and Section 20042 (One Year Final Compensation) for local miscellaneous members. NOW, THEREFORE BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 280' day of July, 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: OWN '. JKUM.,. ® RESOLUTION NO.41-03 RESOLUTION ESTABLISHING PARKING TIME LIMITS IN THE PUBLIC PARKING LOT AT 714 EMBARCADERO The City Council City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 10.36.040 allows the City Council to establish prohibitions and restrictions upon parking on any publicly -owned property; and WHEREAS, the City owns the property located at 714 Embarcadero and is using the property as an interim public parking lot; and WHEREAS, it has been determined to be in the public interest to prohibit overnight parking on this property. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that parking on the public parking lot at 714 Embarcadero between the hours of 2 a.m. and 6 a.m. on all days is hereby prohibited; and BE IT FURTHER RESOLVED, the Director of Public Services is authorized and directed to install signage appropriate to reflect this action; and ® BE IT FURTHER RESOLVED, this prohibition goes into effect upon installation of said signage. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28`h day of July 2003 by the following vote: AYES: Peirce, Peters, Yates NOES: Elliott. Winholtz ABSENT: None ABSTAIN: None ATTEST: BRfDGEnBAUER, ® RESOLUTION NO. 40-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ENDORSING THE CONCEPT AND EFFORTS OF THE CALIFORNIA HIGHWAY PATROL TO CONDUCT A DRIVING UNDER THE INFLUENCE TRAFFIC SAFETY PROJECT AND AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE THE CITY COUNCIL City of Morro Bay. California WHEREAS, drunk and drugged drivers are a significant traffic safety problem; and WHEREAS, the California Highway Patrol has received grant funds from the California Office of Traffic Safety to act as the lead agency for a multi -agency DUI enforcement project entitled Removing Impaired Drivers Project (AL0307); and WHEREAS, the grant includes the participation by the Police Department's of Arroyo Grande, Atascadero, Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, Cal Poly University Police, the San Luis Obispo Sheriffs Office and the California Department of State Parks and Recreation; and ® WHEREAS, the City Council of the City of Morro Bay has agreed that increasing traffic law enforcement is an important element in improving public safety; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay expresses its support for this project and authorizes the execution of agreements with the Morro Bay Police Department and the other participating agencies as provided in the Office of Traffic Safety grant agreement. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting thereof held this 14`h day of July 2003 by the following roll call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None U Q WILLIAM YATES, ATTEST: ® BRIDGETT UEP, City Clerk ® RESOLUTION NO.39-03 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 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 SEN Local 620 representing the miscellaneous employees; and WHEREAS, the meeting between the SEN Local 620 and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by SEW Local 620 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 miscellaneous employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding for the period July 1, 2003 through June 30, 2006 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 14`h day of July 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None UM WILLIAM YATE' ATTEST: BRIDGETT FLIER, City Clerk ® CITY COUNCIL RESOLUTION NO.38-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF- INSURANCE, LOSS POOLING AND EXCESS INSURANCE THE CITY COUNCIL City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY FIND AND M *111 r"T 37MI. ,1[Q 111L11` I& I WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 and 6500 ofthe Govermnent Code, CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ("CALIFORNIA JPIA") has been created by a Joint Powers Agreement; and WHEREAS, Article 21 of said Agreement provides for additional members to become parties to the Joint Powers Agreement creating the CALIFORNIA JPIA, after the first year of its operation, and thereupon enter the Joint Protection Program providing General and Automobile Liability Coverage ® through self-insurance and loss pooling; and WHEREAS, the self-insurance and loss pooling programs of the CALIFORNIA JPIA, as well as its group insurance coverage programs, offer significant advantages to the City in terms of cost, protection, risk management and loss control advice and assistance, and entering such programs would be and is in the best interest of this City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE, ORDER AND DETERMINE THE FOLLOWING: Section 1. That the Mayor of the City of Morro Bay is hereby authorized and directed to execute the Joint Powers Agreement on behalf of the City of Morro Bay binding the Member to the terms and conditions of said Agreement. Section 2. That the City of Morro Bay hereby joins the Joint Protection Program of CALIFORNIA JPIA, providing self-insurance and loss pooling for General and Automobile Liability for a period of not less than three (3) years. ® Resolution No. 38-03 Page Two PASSED AND APPROVED by the City Council of the City of Morro Bay this 23rd day of June 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ® ATTEST: " V:aNLA 0- / BRIDGETT UER, City Clerk I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of Resolution No.38-03 as adopted by the City Council of the City of Morro Bay, on the 23`d day of June 2003. 101,4110161mmotme LI ® RESOLUTION NO. 37-03 APPROVAL OF A 5-YEAR RENTAL CREDIT FOR LEASE SITE 93-95/93W-95W, LOCATED AT 901 EMBARCADERO, FOR ON -GOING COSTS OF PROVIDING PUBLIC RESTROOMS ON THE SITE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 93-95/93W-95W; and, WHEREAS, the Held Family Trust, Smith and Hannah Held, are the lessees of said property; and, WHEREAS, the lessees have been providing public access to the restroom facilities on. the Lease Site since April 2000 and were granted a short term rental credit of $4,500 which expires on June 30, 2003; and, WHEREAS, the lessees have provided information on the costs associated with maintaining the restroom facilities; and, WHEREAS, the City desires to maintain public access to the restroom facilities on the Lease Site; and, ® WHEREAS, The City agrees to provide an annual rental restroom credit from July, 2003 through June 30, 2008 under the following terms: 1. Public Restroom: Tenant hereby agrees to allow general public access to the existing two restrooms on the Lease Site from 10 a.m. through one hour after dusk. The Tenant will maintain the restroom in good order and repair at the Tenant's sole cost. 2. Rent Credit: The rental credit shall be $5000.00 annually and will be credited on the semi- annual rent statement for July of each year through the term of the agreement. The rental credit shall remain in effect from July 1, 2003 through June 30, 2008. 3. Lateral Access: Tenant hereby agrees to maintain lateral access between Lease Sites 93- 95/93W-95W and Lease Site 96/96W. 4. Signage: Tenant agrees to keep the public restroom signage in good condition. 5. Maintenance/Utility Cost Report: Tenant agrees to provide a report of costs associated with the restrooms to the City annually by August 31 of each year. 6. Notice To Request Continuance Of Credit: The credit shall terminate without notice on June 30, 2008. Should the Tenant and/or City wish to continue the restroom credit; such notice shall be provided in writing to either party by September 30, 2007. Resolution 37-03 Page 2 of ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a 5-year public restroom rental credit for Lease Site 93-95/95W-95W is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23`d day of June 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None BRIDGE AUER, CITY CLERK CE RESOLUTION NO.36-03 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING 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 27, 2003, the City Council adopted Resolution No. 29-03 declaring the Council's intent to levy an assessment for the annual maintenance of the North Point Natural Area and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for June 23, 2003 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 is District the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on June 23, 2003 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 2003-04 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 2003-04 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 23rd day of June 2003 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None C _ WILLIAM YATES, ® ATTEST: BRIDGETOAtJER, CITY CLERK E)MMIT A CITY OFMORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND ZO y 1• = LOT NUMBER 1.10 AC.i. T �b�. i0 = COUNTY ASSESSORS PARCEL NUMBER 082 IN NO AREA =3 16 cNSNy� �•, 6• TRACT 2110 5.3 21 53 • ' Vim/ `• J .. �. 1 � 3• i v Y� 2 t �a RESOLUTION NO.35-03 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 27, 2003, the City Council adopted Resolution No. 28-03 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 23, 2003 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 23, 2003 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 2003-04 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 2003-04 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 23rd day of June 2003 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ® ATTEST: BRIDGETT QAUER, CITY CLERK WILLIAM YATES, u E-IIBIT A CITY OFMORRO BAY NORTH -POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM l NORTH POINT NATURAL AREA L Q LEGEND a 11, -' 20 s 1• = LOT NUMBER 1.10 ACC &�. SO COUNTY ASSESSORS PARCEL NUMBER i% 082 ' NO ARFA O CNEN� r. 6. TRACT 2110 21 _; `• '12 ! 11 � iya S I© CO oH! • ;,, A a Y MI sn1 0! o 49) O q oV � mell" d 0 &� � 3 ��b p m ^�s a • y o©H • '0 d lVa� S F qb U o S 9 Q pg 0 : LJ F v q m • 9®� S 9 E 5AQ F qr � a4 g e SQ w �r a!i•1 � : � � �� ^ 9 ` � e , �j1�1 bp`l` • r R �tll�d LLQlyO� A " of II CPy��� �ptE NIGH'NpY 140 , M m d 4 n 0 a to m 03 ,ill-FIRRII, i ® RESOLUTION NO.34-03 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 34W, LOCATED AT 225 MAIN STREET, FROM THE MARSALEK PARTNERSHIP TO NORMAN ARNOLD 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 34W; and, WHEREAS, the Marsalek Partnership is the lessee of said property; and, WHEREAS, the Marsalek Partnership has requested City Council approval of assignment of the lease agreement for Lease Site 53-56/53 W-56W to Norman Arnold; and, WHEREAS, Norman Arnold has 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 Morro Bay that the lease agreement for Lease Site 34W is hereby assigned from the Marsalek Partnership to Norman Arnold 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 final assignment and assumption documents by July 31, 2003. PASSED AND ADOPTED bLthe City Council of the City of Morro Bay at a regular meeting held thereof on the 27 day of May 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None El WILLIAM YATES, J .. City of Morro Bay WMI _. ,I II •i •A.\t� - Y a ..d"r Y�` -� st. K� ..ri�fl;Fi't,; - :^ ..r_-1. a '`."°`.�"'� •�e"�{ , r a b3E _ L.I. -t � . � L. _ ��ti' Y - �f ->. — 6 �• «.c T' _� � .sz`� EF1C 5 ✓x . HARBOR DEPARTMENT -1275 EMBARCADERO, MORRO BAY, CAEIFOR I� 44 •1605'�'//&r - APPLICATION �J MAY - 6 2003 APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CIT LE�c NT OR APPROVAL OF SUBLEASES TO CITY LEASE REE5ftT (RP.O BAY To be completed and returned to the Harbor Office for processing. LEASE SITE #: ✓��/%� Lessee (please print) 3 -0 Sfivars� D2i ®Mailing Address City, State Zip APPLICATION FEE: / f 5 6 v3 ayg Business Name d'bs- Zf7el-���s' Telephone .REQUEST: Briefly describe the specific nature of the approval requested. '/< S .ls'/�'� /�.t/� GU%f.Y Tt� .'��.�6«iLJ7fiS lf�S//t'!✓J ifi�i'% �'Y Td OG�c-- Applicant's Signature E Date SEE REVERSE The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. J may•13. 10U3 2:IlPM CENTURY 21 Coast Realty No•3594 P. 2 PJ Norman J. Arnold MAY 13 2003 CITY OF Married fifteen years to Brenda, a seventeen year US Airways flight atten I'A1811 One daughter, Ashley, a 4.0 honor roU student at Cayucos Elementary School. Resident of Cayucos, California for four years. Fourteen years of wide experience building and developing high -end real estate projects. For ten years in North Carolina, I developed high -end neighborhoods and homes. Also, I constructed a man -made three acre pond for my 20o acre project which consisted of high -end custom homes with ten acre lots. Since May 1999,1 have constructed four custom homes and also remodeled four homes is Cayucos. I am in the process of developing three commercial buildings in Cayucos. Recently, I've entered into escrow to purchase Morro Bay property ay 217 South Main Street and 225 South Main Street, AKA Gladys' Castle. A substantial amount of my own money will be invested in these properties. My plans are design four high -end single family homes to replace most of the buildings on these to properties. The lighthouse and boathouse will be remodeled there are four boat sups ,one assigned to each home. The boat slips will be upgraded, enhancing the value of the moorage. My firque home will be on this property. I am Iooldng forward to owning and maintaining this unique Morro Bay property. wth my vast experience in building and development, my efforts will be a compfimeat the City of Morro Bay once the project is completed. I 'm a fiscally strong and able businessman who is making a sizable investment in this upgrading and I hope the City of Mono Bay will way possible. recognize my ambitions and help in any ® ASSIGNMENT AND ASSUMPTION AGREEMENT This assignment is made and entered into this day of , 2003, by and between the MARSALEK PARTNERSHIP (hereinafter referred to as "Assignor") and NORMAN J. ARNOLD (hereinafter referred to as "Assignee"). 1. The City Council of Morro Bay has approved lease assignment; Assignor hereby assigns all rights, title and interest they have in the lease from the City of Morro Bay, known as Morro Bay Lease Site 34W under the Master Lease 2. Assignee acknowledged that the City of Morro Bay has leased the premises to Assignor under the Master Lease. • Assignee acknowledges that any assignment of the Master Lease is subject to prior approval by resolution in the City of Morro Bay City Council and is also subject prior execution between Assignor and Assignee of the Contract for Purchase and sale and addendums thereto, by and between Assignor and Assignee. 3. Assignee agrees to comply with all terms and conditions of the Master Lease and to assume all liabilities required under the Master Lease, to defend, indemnify and hold the City free and harmless, from and against, any and all, claims, lawsuits, costs and expenses, including reasonable attorney's fees and court costs arising from, or in any way related to, holding, using or operating the leased premises and further agrees to maintain liability insurance in the manner, form and amount required by Master Lease with the City included as an additional insured without offset against the City's insurance. 4. Assignor confirms to the City the he has not actual ® knowledge or reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the real property during the term of Assignor's occupation of the lease that has jot been reported pursuant to Health & Safety code 425359.7. Dated: Marsalek Partnership Consent to Assignment & Assumption of all liabilities under the Lease Agreement is Dated: The City of Morro Bay, Lessor named in the Master Lease, consents to the Assignment upon the conditions set forth above. The City also consents to the agreement by Assignee to assume after , 2003, the payment of rent and performance of all duties and obligations including all percentage of gross sales rent as set forth in the Master Lease which has been approved by Morro Bay City Council prior to this agreement . Dated: CITY OFMORROI B�Y n- A/ // 1 C n A V By: Williams Y tes `J ® Mayor City of Morrp Bay ® RESOLUTION NO.33-03 APPROVAL OF A 10-YEAR LEASE AGREEMENT FOR MOORING ZONE AI-3, LOCATED OFF SHORE OF 541 EMBARCADERO, WITH THE MORRO BAY YACHT CLUB THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain tidelands in the Morro Bay described as Mooring Zone Al-3; and, WHEREAS, the Morro Bay Yacht Club has been the is the lessee of said property for 20 years; and, WHEREAS, the City Municipal Code, Section 15.28. states the policy of the City is to lease a portion of Zone Al-3 for use by the Morro Bay Yacht Club to serve transient vessels'; and, WHEREAS, the current lease agreement for Mooring Zone Al-3 terminates on June 30, 2003; and, WHEREAS, the City and the Morro Bay Yacht Club wish to enter into a 10-year ® lease agreement for Mooring Zone Al-3 to allow the Yacht Club's continued use of the mooring zone area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease agreement for Mooring Zone A 1-3 between the City of Morro Bay and the Morro Bay Yacht Club is hereby approved and that the Mayor is hereby authorized to execute the lease agreement document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27 day of May 2003, by the following vote: AYES: Elliott, Peters, Winholtz, Yates NOES: None ABSTAIN: Peirce ABSENT: None WILLIAM YATES, BRIDGETT R, City Clerk ® RESOLUTION NO.32-03 APPROVAL OF A 22-YEAR LEASE AGREEMENT FOR LEASE SITE 52/52W, LOCATED AT 495 ENIBARCADERO, WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. 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 52/52W; and, WHEREAS, Associated Pacific Constructors is the current lessee of said property; and, WHEREAS, Associated Pacific Constructors planning a dock improvement project; and, WHEREAS; the City and Associated Pacific Constructors; Inc. wish to enter into a 22- year lease agreement for Lease Site 52/52W. is Bay THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease agreement for Lease Site 52/52W between the City of Morro Bay and Associated Pacific Constructors, Inc. is hereby approved and that the Mayor is hereby authorized to execute the lease agreement document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27 h day of May 2003, by the following vote: AYES: NOES: ABSENT: E 11 E =_® Awl ASSOCIATED PACIFIC CONSTRUCTORS, INC. December 19, 2002 Citv of Morro Bay Harbor Department 1275 Embarcadero Morro Bav, CA 93442 Attn: Rick Algert Subject: Lease site time extension at lease site 52/52 W Rick: r C M, DEC 1 9 2002 j; U f tJ,:T HAF.30i� 0F2�_ Pursuant to my letter dated October 25. 2002 I have worked up the following extimates for the various repairs at lease site 52/52W. Item 1. Remove & replace 900 sq. ft. of broken concrete drive/work $20.000.00 to area. The new concrete will be 6"- 8" thick with heavy $25.000.00 reinforcement for truck service. Item 2. Remove & replace 935 sq. ft. of timber deck and associated $50.000.00 to stringers, cap. etc. Until the deck is removed the extent of the $150.000.00 work will not be known. Item 3. Fire suppression system upgrade. Currently the dock at lease $15,000.00 to sites 51 and 52 have fire sprinklers, however the extreme $20,000.00 southern end is not and will require additional equipment. Also I propose to upgrade any existing equipment as per advised. Item 4. Permitting. $10.000.00 My proposal is to perform the aforementioned work during a five year period starting from the time of approval of the lease extension. Please let me know if you require additional information. Ieasesites1.02 495 Embarcadero • Morro Bay, Califomia 93442 • 805-772.7472 • FAX: 805-772-5803 ® RESOLUTION NO.31-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003 — 2004 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article XfII 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 111 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 2003-2004 Appropriations Limit at $15,156,048 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of May 2003, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None liftIDGETT ,e • m' ATTACHMENT A U 0 LL O O Wm O U O N O O N t 7 0 0 O O N O p N � Oi � O tO�I 1[1 N N (NV GND mNm (�I Q Q o x x x x x x x x �Yi QQ oomoo 0 oP m N if1 t0 x x x x x x x x y b � r cm $ $ m U m W a E x O Ol W C F%y $ r i UU pWp m b J m m u= 06 m D= m 1 W c W ci c °� x o W W m== y c 8 �° m W o a`LLa`v�r�maLL2mrm�ic9 a 9 ATTACHMENT B Cl O 6 a n m N N O N A N N m O t�l f0 GOD Vq SOU N r 000 GO OI O t0 0 OD aND N aNp - l7 t7 O Q Q v N O WI r r CD CD CD W"W 0 M D) N N O m N c2 t<m r N ODD OGD<m 00 N mw m O O QI V o V) M r N Q t0 O M Z 07 GDN['I 4D OI OrO rU N O rr WI VIO O q ar l+I O 00 M Q Z N C] N r nr�mo NTQI NI") OA fV C O OtV OQY Q Q v Q r.=N Z °r' nrl�ngrnm O 0 Q m" m n O Q � Z OI r O WI at N WI m QI QQ (D N QI O QI r QI w CD w QI O Cn m CA N CG GD (A O (A r Of m Of m (A O O N CI Q m m w m Gn rn m rn rn rn rn m rn m rn m w m m m rn o N 0 O 0 O 0 O O r rmmQl W)� WI 6Dm QIOO� W Q� m OI 0)01 W1Am O W Oo Oo m� W Oo W Oo O� W O CA 01 CD Of (A m> O (A O� m N cOV N (OV mmmmmm-d-B---v��dmBmm�m��m >r>rr>rr>r>r>r»rrr»r>r» m m m m m m m m m m m R R W W m m m m m m m m m u R o R u N u R u W u Vi u tll m N W u N o N R o N m m o R u Iq m Ol o W o R u N u N u N u tll W W u tl) lL IL. li LL ILL LL li LL li IL IL IL IL LL IL LL IL LL LL LL LL ILL LL It IL LLo ATTACHMENT C ® Enclosure II Annual Percent Change in Population Minus Exclusions (`) January 1, 2002 to January 1 , 2003 and Total Population, January 1, 2003 Total County Percent Change — Population Minus Exclusions — Population City 2002-2003 1-1-02 1.1-03 1.1-2003 SAN LUIS OBISPO ARROYO GRANDE 1.62 16,260 16,523 16,523 ATASCADERO 1.09 25.794 26,074 27,404 EL PASO DE ROBLES _ 5.01 25,103 26,361 26.856 GROVER BEACH -0.09 13,105 13,093 13.093 MORRO BAY 0.30 10,488 10,519 10,519 PISMO BEACH 0.66 8,653 8,710 8,710 SAN LUIS OBISPO 0.06 44,333 44,359 44,359 UNINCORPORATED 1.32 100,896 102,229 108,790 COUNTY TOTAL 1.32 244,632 247.868 256,254 1 ® (-) Exclusions include residents on federal militaryinstaftations and group Quarters residents instate mental institutions and state and,federal correctional institutions. Page 1 C� C May 1, 2003 ATTACHMENT D 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 2003-2004 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2003-2004 2.31 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2003-2004 appropriation limit. 2003-2004: Per Capita Change = 2.31 percent Population Change = 1.69 percent Per Capita converted to a ratio: 2.31 + 100] 00 = 1.0231 100 Population converted to a ratio: 1.69 0 10= 1.0169 Calculation of factor for FY 2003-2004: 1.0231 x 1.0169=1.0404 ® RESOLUTION NO.30-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2003-2004 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of 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 2002-2003) may not be completed by June 30, 2003; and WHEREAS, the City of Morro Bay uses a two-year budget format that included requests for Fiscal Years 2003-2004 and 2004-2005; and WHEREAS, the City Council is only addressing the budget requests for Fiscal Year 2003- 2004; 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 2003-2004 Operating 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 ® City Council Resolution No. 30-03 May 19, 2003 3) The City Manager is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved; and 4) The City Council authorizes and directs the transfer of the balances of projects approved in fiscal years 1995-96 through 2002-2003, but not completed by June 30, 2003, to the Capital Improvement Project Fund(s) for Fiscal Year 2003-2004. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of May 2003, by the following vote to wit: AYES: Peirce, Peters, Winholtz ® NOES: Elliott, Yates ABSENT: None Iff 0 U:RFD.ES\RmlutiomV4 30-03(fm).dx sl I A "M O i O m O- 0 0 yy t 7 N N t D A O m O t 7 O i 0 t h a D N O p 8 N O O m 0 0 0 0 0 0 0 0 �p O m O 01 0 N N Q t N (0 M O O c0 O i 0 0 W ONO O Y) A O O Y l O O 0 0 A Q 0 T t 0 Qi O� NOin OIN CIR RIW O f Q OCINn CI tO M NCI l7N N M I M H N •-A M Q BOA A O O - Q mm (7 C) N m Cl TA iO CI A O �Om �IIONy O 10 N N CI M N l7 [O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NQ NO W 0) O O O O O Opp O O O Q O Q O t0 O O O O O O O O O O O O O O O O O O O O O O A < Q CI (O o 1p A LO �n O O t0 t+l M 0000000000000000000000000000000000000 0 Np M O Op � f 0 N 0 0 0 C f A W Opp i A O i O O O t 7 � O Opp O O D O � f h Oo O I O N O � p Om MOB m QNO A A QOQ tO Yf OC4-ON �MNM Q O MM NM N O l cCO wwawm N A WN m N N N yy O i C! W-C m M� A N N mw OiOm NN � CI �O t7 lV CI t7 pp N N N � N N t 0 N Q fV Np O O O O O O O O O O O O O O Op O O i O O O O O m �Nn NCCm''I)cO�cpDp a WttNOMm w pOm aw wm am-17 am N wN CI G aD m,O m O m A < N O CI C6 d a N N lV N t0 N O O O O t 7 N Q A O 6� O f h f O i O i O i O t 0 O N i O O O O O O O f D M 10 m A A Q M M C'1 N A OD w Q 1 t0 ... M O N �O N � M A N O O Q M w N w O O O w mM W — WI MN M MM t0 01M Aw N t0 O M A Q i- O OQ M Q MO - N m M y MN N N O w N F v IL 0 v s F co a `m U c p E 0 Q-m LL c sF W `� Q u cm 0 u ci-, m E m i- T y0 v S c C C7 W C$ C qm C l0 d E _ m t0 C y N H uO yN 0 E N r cU m 'c C O L mE No c 0 c 0 m N m m ?1 o m o m M N m d O O m U J E Q m UJ 0 El lJO 0 W m m L L C 0 00 2 R n.LL u3oE E�`' o`�'o fix `� m UUQ ca a a W W LL>inHUd'K ONY Y }�(q LL' LL' d' LL K U7UNQ ® sl m d m �I CIN m a Z 7 LL x ~ ~ z LL H LL ~ m O ~ " z 7 LL Q Q N � U U LL ~ z co O z W n z W w LL' w W Q c z M W z z W W z O f W J L) U LL' W Q w W Q E Ll � / \ }\ a & ) / � t 2 } o } } 2 o § 2 ! ! 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IL/ ` | La_ ! ! - - _ - k k ( ` ( ( Lu /k § I 0 .\ / \., \ \ \ 2 § E k ■ 2 ■ m £§2 � ■ ( ewe ! z . !!;o! ! | ! ■ !00 § /� � _| m ` » r « k ) ) ` k _ ) k § C� m� W U �a m O m O m CIN d a a U m W g a m � N m c � Sao U LL U m IL r E E y ® 'm m m' I� II ® City of Morro Bay C Fiscal Year 2003-2004 Budget Summary of Budgeted Revenues And Expenditures By Fund Attachment B - City Council Resolution 30-03 FY 2003-2004 Fund Name Revenues Expenditures Balance General Fund 10,800,848 10.805.614 -4.766 Equipment Replacement Fund 226,566 90,921 135,645 Emergency Reserve Fund 0 0 0 CDBG Loan Repayment Fund 0 0 0 Gas Tax Fund 220,000 220,000 0 Traffic Safety Fund 50,000 50,000 0 Parking In -Lieu Fund 32,017 0 32,017 Transit Fund 375,566 353,775 21,791 Water Revenue Fund 3,969,500 3,966,238 3,262 Wastewater Collection Fund 1,573,184 1,573,184 0 Harbor Fund 1,546,000 1.546.000 0 South T-Pier Fund 25,000 0 25,060 CC Slip Fund 14,200 0 14,200 Workers Compensation Insurance Reserve Fund 489,162 789,151 -299,989 Unemployment Insurance Reserve Fund 43,889 79,595 -35,706 Liability Insurance Reserve Fund 276,316 376.316 -100,000 Fire Insurance Reserve Fund 0 100.000 -100.000 Mimosa Street AD 16,972 19.310 -2.338 Mimosa Street Supplemental AD 14,000 14,000 0 North Point AD 5,645 5,645 0 Cloister AD 148,944 148,944 0 WWTP 1,333,382 1,333,382 0 Capital Improvement Project Fund 1,682,500 1,682,500 0 Water Capital Accum Fund .0 0 0 Wastewater Collection Accum Fund 0 01 0 22,843,691 23,154,575 -310,884 ® RESOLUTION NO.29-03 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, 2003, 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 XI11, 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 23, 2003 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, 2003 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 2003-04. ® RESOLUTION 29-03 PAGE PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 27th day of May 2003 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ATTEST: ® BRIDGET AVER, CITYC ERK ® EXHIBIT A C17Y OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND �__ 20 y t• = LOT NUMBER 1.10 ACC -�Q'?, 70 = COUNTY ASSESSORS PARC&'NUNEER 082_. 10. 5 . •i O i 'Gy ' NO- k� CNFN �� +, e TRACT 2110 ' 5• 21 14 a� Exhibit IA ® r May 2003 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR COSTS 2002/03 (Actual Costs -to date) Personnel Services S3,722.08 Includes all daily and routine tasks as well as non -routine maintenance and repair costs. Equipment Time (truck) for Personnel S 553.41 Repair and Maintenance Supplies S 67.74 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 94.00 Includes utilities, insurance and structural repair to the stairway and other structures. ® Total costs for maintenance of North Point Natural S4,437.23 Area, July I, 2002 through May 1, 2003 Deficit from Fiscal Year 2001/2002 <51,640.68> (this deficit due to the $3,000 repair to the stairway required after major winter storm damage that occurred during F.Y. 2000/2001) Grand total for maintenance costs (including S6,077.91 F.Y. 2001/2002 deficit) Amount assessed property owners for maintenance $5,645.00 of North Point Natural Area for F.Y. 2002/2003 Deficit as of May 1, 2003. <$ 432.91> (to be applied to F.Y. 2003/04) Note: additional costs are expected to be incurred from May 1, 2003 through June 30, 2003 for the maintenance of the North Point Natural Area. 0 u.w.councilnrptact03Aa 0 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT 0 Prepared By: /I L Andrea K. ueker Director, Recreation and Parks Department City of Morro Bay May 20, 2003 0 0 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Paqe I. Project Description 1 II. Maintenance Tasks 1 III. Maintenance Costs 1 IV. Apportionment of Assessment 2 Assessment Diagram 3 Maintenance Task List Attachment A Detailed Cost Analysis Attachment B 11 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 2003/04 fiscal year is estimated to be $5,645.00. The detailed cost estimate is included in this report as Attachment B. 11 ® IV. Apportionment of Assessment The total assessment for the District is apportioned to each of the ten residential lots equally. Lot 11, the North Point Natural Area; Lot 12, a private street; and Lot 13, an open space parcel to be granted to the State of California; are not assessed. Individual assessments are listed in the following table: Parcel/Assessment Table Lot Number County Assessor's Parcel Number Annual Assessment 1 065-082-10 $564.50 2 065-082-11 $564.50 3 065-082-12 $564.50 4 065-082-13 $564.50 5 065-082-14 $564.50 6 065-082-15 $564.50 7 065-082-16 $564.50 8 065-082-17 $564.50 9 065-082-18 $564.50 10 065-082-19 $564.50 11 065-082-20 $ 0.00 12 065-082-21 $ 0.00 13 065-082-22 $ 0.00 lu CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA -_ LEGEND LOT NUMBER 1.10 ACt _ =� 4'c 70 —.COUNTY ASSESSORS PARCEL NUME R 0829. to 1817 rvo Atha 6. TRACT 2110 g 21 55 AC= v 1. � ® ATTACHMENT A NORTH POINT NATURAL AREA MAINTENANCE TASKS Dnilv Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash cans Clean - benches fencing Check - beach access stairway bike rack lights ® planting hillside, erosion Weekly Blow paths, parking lot Monthly Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Paint beach access stairway, public access signage New plantings (replacement) General safety inspection Annual tree pruning As Needed Remove graffiti Mow open space ® Pest/gopher control Trim and spray paths Repair public access signage ® Attachment B NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2003 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 2003/04. Personnel Services S4,800.00 Includes all daily and routine tasks as well as non -routine maintenance and repair costs ® Supplies S 200.00 Includes trash liners; round -up and all other supplies used in daily tasks as well as non -routine repair and maintenance. Services S 645.00 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.council.nrpteng03 E ® RESOLUTION NO.28-03 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, 2003, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and ® WHEREAS, pursuant. to Section 22608.2 of the Act, the subdivider(s) were required by City Ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the Cloisters Park and Open .Space; and WHEREAS, pursuant to the intent of Article X111, Section 4, of the California Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 23, 2003 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, 2003, 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 2003/04. El ® RESOLUTION 28-03 PAGE PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 27th day of May 2003 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None WILLIAM YA ATTEST: ® `MJA�✓ iiRIDGET103AUER, CITY CLERK u '.A TPOB PARCEL 1 Most northerly corner Lot 122 of Tract '1996 ryi' ira ram. O N, 1• o AOO' 1 � EA Exhibit IA ® May 2003 CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR COSTS 2002/2003 (Actual Costs -to date) Personnel Services Regular Pay S61,371.18 Overtime S 266.72 Part-time Pay S 566.86 Benefits S27,632.69 Sub -total personnel services $89,837.45 Supplies Fuel, Oil, Lubricants S 689.31 Uniforms/safety equipment S 562.82 Computer supplies S 99.10 Grounds maintenance supplies S 2,749.11 Rolling Stock S 4.49 Misc. operating supplies S 5,998.89 Small tools S 150.11 Sub -total for supplies S10,253.83 Services Professional development S 150.00 ® Pest Control S 1,696.00 Other professional services S 4,914.56 Telephone S 55.10 Electricity S 2,174.77 Water S 17,70954 Outside equipment repair and maintenance S 383.36 Disposal S 00.00 General liability S 3,307.00 Property damageinsurance $ 262.00 Vehicle insurance S 600.00 Outside structural repairs S 00.00 Equipment rental S 1,509.30 Sub -total for services S32,761.63 Total for maintenance of the Cloisters Park and Open Space S132,852.91 (34 acres) from July 1, 2002 through April 30, 2003 u."vrd.00unci1.c1oact02 05/21/2003 09:15 8057722693 NORRO SAY RECREATION PAGE 02 Page 1 .I ® From: "William Yates" <vAlliamyates@hotmail.com> To: <bhenddx@morro-bay.ca.us>, <rschultz@morro-bay.ca.us>, <alueker@morro-bay.ca.us> Date: 5/14/03 9:27AM Subject: Fwd: Cloisters assessment proposal - another viewpoint >From: Bob Young <wiserbob@earthlink.net> >To: williamyates@hotmail.com, delliott@morro-bay.ca.us, >wpierce@thegrid.net, jpeters@morro-bay.ca.us, winholtz@slonet.org >Subject: Cloisters assessment proposal - another viewpoint >Date: Wed, 14 May 2003 08:36:11 -0700 >Honorable Mayor and Council Members, > The following letter is being mailed to each of you in response to a >proposal made by some of our Cloisters neighbors. Thank you for your >consideration of our views. Bob and Sally Young >To: Mayor William Yates > and Councilmembers Dave Elliott, Janice Peters, William Pierce, and Betty ® >Winholtz >From: Bob and Sally Young > Homeowners in 'The Cloisters" > 2289 Emerald Circle > Morro Bay CA 93442 >Re: "Cloisters Assessment District Proposal" due for discussion at the May >27th meeting > As homeowners Irving here full-time, we accept the logic and the necessity >of the annual fee to maintain the park and open space. We expressed this >view in a letter addressed to the City Clerk (June 11, 2002) when comments >about the assessment were being solicited. > Now before you is a proposal drafted by a group of Cloisters property >owners that has actively opposed the assessment. My purpose in writing is >to point out that we and some of our Cloisters neighbors do not see the >annual assessment as a nuisance or onerous burden. To the contrary, we >view it as insurance against future degradation of our unique "Cloisters >environment." > Are we alone in this view? No. Just on our block we know of three other >homeowners who feel as we do and support the assessment in principle. To >cite one neighbor's comments in an e-mail: 05/21/2003 09:15 8/1577221,93 MORRO BAY RECREATION PAGE 01 ® > "( Opponents ) have been rallying for a cessation of the assessment from >the very beginning. Sadly, they seem to be focused on the "principle" - >that we should not be assessed to provide a public benefit. > "The fact is, I don't want some derelict park outside of my back >door/fence. I don't want to live with d and I certainly don't want it >there if/when I choose to sell. The reality is this was part of the deal >when we chose to live here. A major change in funding would be reflected >in a major change in care of the grounds. Unacceptable. > 'This assessment, in my humble opinion, is the 'tax' I pay to live in this >wonderful place. If I wanted to save that-S1200/year, I could sell and go >live somewhere else. ... > "Phasing out the assessment would, in the end, be a bad deal for >residents/homeowners of the Cloisters. The level of maintenance would be >Subject to the ebb and flow of city revenues/budgets - the history of other >parks in this city as well as those in other municipalities is evidence >enough to make this an unacceptable choice. It wouldn't be long before the >park was in shambles - showing signs of disrepair or neglect resulting from >reduced care and maintenance." > Summing up: we favor continuing the current level of care being given to >The Cloisters common areas including the road median, parking strips by our >sidewalks, the park & playground, pathways, fences, duck pond/bird ® >sanctuary, and dunes. To allow these to deteriorate would only detract from >the value of our homes - and possibly attract "troublemakers." > > Because of the unique configuration of "our park," which blends private >and public areas, sharing in the cost of its maintenance is a good >long-term investment. > At the same time, we believe that the cost assumptions that went into the >assessment "formula" need to be reviewed in light of actual experience, now >that the development has been completed. If the assessment can be lowered, >fine. But care must be exercised not to "throw out babies with the >bathwater' . > Thank you. > Robert S. Young, and Sally H. Young Tired of http://joi mail protection with MSN 11 CJ E 05/21/2003 09:15 8057722693 MORRO BAY RECREATION C'LOIS'TERS ASSESSMENT DISTRIL'f PROPOSAL. PAGE 03 l?ECf MAY 12 2003 ADAMSTcAT10iv u.; My OF MORRO BAY We, the Cloisters property owners Propose the following modification Cloisren Assessment District: to the ctarent Eteduce the annual assessment in equal amounts for the next 5 years until the remaining annual assessment is enough to cover the Following the Engineer's report: based on the cost breakdown from 1) The full cost of maintaining the parkway areas within the development, including mailboxes_ 2) The full cost of maintaining the two Cloisters sign areas at entrance id development_ 3) Half the cost of maintaining the Planted median along Coral Avenue. We further recommend the following regarding the Cloister Park and ()Pee Spas: That in maintaining these arras, the City will continue to follow the GW,Wines for a Class A Park; that in maintaining these areas, the City will follow the design requirements of the Cloisters'CCR's (e.g., the style and color will conform, etc.); and that any Cloisters Property owner may voluntarily donate any amount to the Modified Assessment District for maintenance of the Cloisters Park and -Open spaces. Cloisters Homeowners& Property Owners May, 2003 CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT 0 Prepared By: Andrea K. Lueker Director, Recreation and Parks Department City of Morro Bay May 20, 2003 E C [i I r] CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Page 1. Project Description I 2. Maintenance Tasks I 3. Maintenance Costs 1 4. Apportionment of Assessment Z Assessment Diagram Maintenance Task List Attachment A Detailed Cost Analvsis Attachment B E CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT Project Description ENGINEER'S REPORT As a condition of approval for Tract 1996, the Cloisters subdivision, the developers were required to offer to the City for dedication Lots 121 and 122 of the subdivision for park and open space purposes. The developer was also required to construct improvements on Lots 121 and 122 which included a park, bicycle pathway, right of way landscaping, irrigation, wetland, signage, interpretive panels, information kiosks, bridges, lookout pier and other improvements. The subdivision was also conditioned to provide maintenance of the park and open space by establishing an assessment district. Lot 122 (now called Parcel 1 as a result of a Lot line adjustment) and Lot 121 is identified as Cloisters Park and ® Open Space. The owners of the 120 residential lots within the Cloisters subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space. II. Maintenance Tasks A list of maintenance tasks required to maintain the Cloisters Park and Open Space in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. III. Maintenance Costs The estimated annual cost of maintaining the Cloisters Park and Open Space was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance for the 2003/04 fiscal year is estimated to be $148,944. The cost estimate is included in this report as Attachment B. 11 ® IV. Apportionment of Assessment 11 E 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 C 11 Lot Number County Assessor's Parcel Number Annual Assessment 14 065-387-014 $1,241.20 15 065-387-015 $1,241.20 16 065-387-016 $1,241.20 17 065-387-017 $1,241.20 18 065-387-018 $1,241.20 19 065-387-019 $1,241.20 20 065-387-053 $1,241.20 21 065-387-054 $1,241.20 22 065-387-055 $1,241.20 23 065-387-023 $1,241.20 24 065-387-024 $1,241.20 25 065-387-025 $1,241.20 26 065-387-026 $1,241.20 27 065-387-027 $1,241.20 28 065-387-028 $1,241.20 29 065-387-029 $1,241.20 30 065-387-030 $1,241.20 31 065-387-031 $1,241.20 32 065-387-032 $1,241.20 33 065-387-033 $1,241.20 34 065-387-034 $1,241.20 35 065-387-035 $1,241.20 0 11 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 r] �J E County Assessor's Lot Number 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 11 Lot Number County Assessor's Parcel Number Annual Assessment 85 065-388-040 $1,241.20 86- 065-388-041 $1,241.20 87 065-388-042 $1,241.20 88 065-388-043 $1,241.20 89 065-388-044 $1,241.20 90 065-388-045 $1,241.20 91 065-388-046 $1,241.20 92 065-388-047 $1,241.20 93 065-388-048 $1,241.20 94 065-388-049 $1,241.20 95 065-388-050 $1,241.20 96 065-388-051 $1,241.20 97 065-388-052 $1,241.20 98 065-388-053 $1,241.20 99 065-388-054 $1,241.20 100 065-388-055 $1,241.20 101 065-388-056 $1,241.20 102 065-388-057 $1,241.20 103 065-388-058 $1,241.20 104 065-388-059 $1,241.20 105 065-388-060 $1,241.20 106 065-388-061 $1,241.20 107 065-388-062 $1,241.20 E E 108 065-388-063 $1,241.20 109 065-388-064 $1,241.20 Lot Number County Assessor's Parcel Number Annual Assessment 110 065-388-065 $1,241.20 111 065-388-066 $1,241.20 112 065-388-067 $1,241.20 113 065-388-068 $1,241.20 114 065-388-069 $1,241.20 115 065-388-070 $1,241.20 116 065-388-071 $1,241.20 117 065-388-072 $1,241.20 118 065-388-073 $1,241.20 119 065-388-074 $1,241.20 120 065-388-075 $1,241.20 121 065-386-005 0 122 Parcel 1 065-386-016 0 123 Parcel 2 065-386-017 065-386-018 065-386-019 065-386-012 065-386-013 065-386-014 065-386-010 0 124 065-386-015 0 SW rWINTO J L- E �uR ESi ♦ \+ ♦ ♦ 1 c M ❑ 'd qR $ a � J a 11 1\ /♦2a�/ � . o B / / � 9 �t J i Q O W� O R OyW Z W N = A rQ rN Q Z _= K O J v A lSYISf'ILi2St-S90 N. FM n 'a O D 11 AY 00. 1 N Z K J co (1) co OU LO 0 • � h. � � • yA 4y� to T L 0 a go F i' ,�,��� A � Q. • g� ��J 4d � � 9 Qq 4a + oy 4g N�J VD 6W Q 9 4 � m to Q w 9 .vLol S � uj 8 (n1 \ °) Y del Attaclanent A ® CLOISTERS PARK AND OPEN SPACE MAINTENANCE TASKS Daib 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 ® ♦ I bike rack ♦ 2 play apparatus ♦ 25 lieht bollards ♦ play area surface ♦ 1 demonstration garden Clean ♦ 3 toilets ♦ I urinal ♦ 2 sinks ♦ restroom floors/walls ♦ 18 benches Twice Weekly Blow all walkways. observation deck and parking lot Weekly Mow turf Edge turf Remove weeds from demonstration garden, medians, planters Trim turf around trees, posts and other hard to reach areas Check and replace failed lamps Lake maintenance ® Bi-Weekly Rake/redistribute gravel under picnic tables and benches Empty BBQ's of ashes ® Cloisters Maintenance Tasks Pa.-e 2 Litter pick -up -open space area iytonthly Check new trees and plantings Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspection New plantings Bi-Annually Fertilize turf/planter areas Paint restrooms, structures, signs, etc. Seed & aerate turf areas Annually General safety inspection Annual tree pruning ® As Needed. Remove graffiti Pest/gopher control Trim and spray paths Mow open space area u.w.misc.domaintsk ® Attachment B CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 2003 NAME: Cloisters Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLAINS 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 2003/04. Personnel Services S100,993.00 Regular Pay $ 66.285.00 Overtime $ 500.00 Part -Time Pay $ 800.00 Benefits $ 33.408.00 Supplies S 9,600.00 Uniforms/safety equipment $ 100.00 Grounds maintenance supplies $ 5,000.00 Small tools $ 500.00 Fuel, oil and lubricants $ 700.00 General office supplies $ 100.00 Misc. operating supplies $ 2,300.00 Services S 38,351.00 Other professional services $ 4,000.00 Electricity $ 2,200.00 Water S 22,301.00 Outside equipment repair and maintenance $ 1,500.00 Pest control services $ 500.00 Disposal $ 750.00 Insurance $ 4,400.00 Outside Structural Repair S 2,600.00 Notices and Publications $ 100.00 Total Assessment Estimate S148,944.00 40 Per Parcel Yearly Assessment $148,944/120 parcels S 1,241.20 c.m.council.cloene03 RESOLUTION NO.27-03 ® STATEMENT OF OPPOSITION TO CREATION OF A NATIONAL MARINE SANCTUARY IN THE SAN LUIS OBISPO COUNTY COASTAL AREA, AND OPPOSITION TO EXPANSION OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY INTO THE SAN LUIS OBISPO COUNTY COASTAL AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay opposes development of offshore oil and supports protection of the abundant natural resources of the San Luis Obispo coast; and WHEREAS, the Monterrey Bay National Marine Sanctuary (MBNMS) has been created on the California Coast from Half Moon Bay to Cambria to stop any potential offshore oil development and to support natural resource protection through education, public participation and research; and WHEREAS, the MBNMS management plan update process identified expansion of the MBNMS boundary to the San Luis Obispo coast as a mid level priority for future consideration; and WHEREAS, the MBNMS Sanctuary Advisory Council (SAC) requested ® MBNMS staff to support formation of a committee in San Luis Obispo County to study MBNMS expansion to this area; and WHEREAS, the City of Morro Bay supports the Alliance of Communities for Sustainable Fisheries and its recommendation for improving sanctuary program management through the management plan update process, which recommendations the City feels have not been adequately addressed in the sanctuary program overall; and WHEREAS, the City supports commercial fishing, commercial fishing facilities and the infrastructure needed for our traditional working harbor community; and WHEREAS, the National Marine Sanctuary program recently circulated a new fishing regulation coordination policy that clearly states the power of the sanctuary to regulate fishing; and WHEREAS, despite what promises are made not to regulate fishing, when sanctuaries are created or expanded, this policy will result in sanctuary's becoming another regulatory agent in the already well regulated area of fishing; and WHEREAS, National Marine Sanctuary programs and the commercial fishing industry have many common goals in education, pollution protection, opposition to offshore oil and creation of sustainable fishery, so that there is no reason why if managed ® with proper balance and sensitivity to traditional working harbor uses the sanctuary programs should not have positive working relationships with the commercial fishing industry and working harbor communities; and Resolution No. 27-03 Page Two WHEREAS, the National Marine Sanctuary program has not developed a positive working relationship or the support of commercial fishing and the working harbor communities in its California sanctuaries at this time; and WHEREAS, the National Marine Sanctuary program does not permit the SAC to have anything other than an advisory role and controls the ability of the SAC to communicate with the public at large and with outside agencies; and WHEREAS, the National Marine Sanctuary Program, as currently authorized, does not provide for a mechanism for local control of sanctuary programs and the current organization of the SAC does not adequately meet the needs of local community direction to the program; and WHEREAS, the City of Morro Bay feels that the City, County of San Luis Obispo and State of California opposition to offshore oil are the best protection of the Coast of San Luis Obispo from this potential degradation and although National Marine Sanctuary designation has many desirable benefits, at this time the City does not support expansion of the National Marine Sanctuary to our coast. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of ® Morro Bay that because the National Marine Sanctuary Program has not adequately resolved conflicts and concerns of the commercial fishing industry and traditional working harbor uses and because the National Sanctuary Act does not currently allow for a sanctuary designation with true local control, the City of Morro Bay opposes formation of a National Marine Sanctuary and expansion of the Monterey Bay National Marine Sanctuary in the waters of the San Luis Obispo County coast. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of April 2003, by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None ATTEST: BRIDGETT AUER, City Clerk E RESOLUTION NO.26-03 ® 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 Cityhas placed certain conditions on the development of Tract 2110 "North Point," requiring formation ofa property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Mono Bay as required by the Morro Bay Municipal Code 16.16.010; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition F1-F7); and, WHEREAS, the Owners of the real property within the proposed district consented to the ® formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.). and are the only owners of property to be subject to assessments within the district; and. WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110. and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218. California Constitution Act XII1, 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 Mono 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.) 11 Resolution No. 26-03 ® Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and High ways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map shoving 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 27, 2003 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28ih day of April, 2003 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ® ABSENT: None ATTEST: BRIDGETT AUER CITY CLERK uMi�v�±so± 11 30 EXHIBIT A n dTYOFMORRO RAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCEASSESSMENT. DISTRICT ASSESSMENT DIAGRAM i NORTH POINT NATURAL AREA LEGEND 11. LOT NUMBER 1.10 ACC's� 10 COUNTY ASSESSORS PARCEL NUMBER y/M } a a 0-P 082 9. f' ke- XN 7. NO AREA GNFN = � � �; , 6. TRACT 2110 21 55 rc 14 AC ® 74v RESOLUTION NO.25-03 ® 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 I Oe) and Precise Plan (condition 2c) as required by City Ordinance; and. WHEREAS, the Owners of the real property within the proposed district have consented in ® writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district; and. WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of Approval of the project; and. WHEREAS, one hundred percent (100%) of the property owners approved formation of the district to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. 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. 25-03 ® Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 1996 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay. County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 27, 2003 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 28' day of April, 2003 by the following roll call vote: ® AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None � n � WILLIAM YA MAYOR ATTEST: BRIDGEIS BAUER CITY CLERK uM/muociVrc 5S 3 I. TPOB PdRCFL 1 Most northerly corner Lot 122 of Tract 1996 rD CX1 • HV ® RESOLUTION NO.24-03 RESOLUTION AUTHORIZING AN AGREEMENT WITH SAN LUIS OBISPO COUNTY SHERIFF'S DEPARETMENT DIVISION OF ANIMAL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF NIORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of contracting for animal control services within its boundaries by the San Luis Obispo County Sheriffs Department Division of Animal Services; and WHEREAS, the County of San Luis Obispo is agreeable for providing such services in accordance with the provisions of San Luis Obispo County Code Title 9 and enforcement of the comparable sections contained within Morro Bay Municipal Code Chapter 7; and WHEREAS, the County of San Luis Obispo has submitted a three year contract to provide such animal control services for the City of Morro Bay which includes the operation of an animal shelter, the licensing of dogs, the investigation and enforcement of animal related complaints and animal bites, the collection and care of stray, diseased, deceased and vicious animals; and ® WHEREAS, the City of Morro Bay is desirous of entering into a 3 year agreement with the County of San Luis Obispo and budget sufficient funds to cover the cost of such a contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the contract agreement beginning July 1, 2003 and ending June 30, 2006 between the City of Morro Bay and San Luis Obispo County Sheriff's Department Division of Animal Services is hereby approved and the Mayor is authorized to execute said agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28' day of April, 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: BRIDGET AUER, City Clerk • RESOLUTION NO.22-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING AND DIRECTING THE INSTALLATION OF A STOP SIGN ON SAN JACINTO STRRET AT MAIN STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersection of San Jacinto Street and Main Street 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 an additional 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 of the City of Morro Bay, California, that the intersection of San Jacinto Street and Main Street is ® hereby designated a 3-way stop intersection with a stop sign installed on the San Jacinto Street entrances hereto. BE IT FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and sign to reflect these restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14`h day of April, 2003on the following vote: AYES: NOES: ABSENT: erylr1-a-W Elliott, Peirce, Peters, Winholtz, Yates None None P'". R-'gm- �A 0./ BRIDGETT UER, City Clerk u L-VW7 A.- 6ra� Hwy 1 7 4- ews+u� dov6k yollow Ih r E/ldA.0 seen, _, I •^ . 6 Srop 5TO p fu4ure Q ST piAOA Rnm p £ Q. J �/ SidewalK 4?l 21 1z, Ncw Stop5i9n Ch 1,2 12 Ex�Sfi�y p� doubk yt11cW pro Poy4 6 do��l�veii NORTH X0 PROPOSED STOP S16N F DELINEATION Mcichmerit 1 ® RESOLUTION NO.21-03 A RESOLUTION ANNOUNCING THE AUTHORIZATION TO SUBMIT A GRANT APPLICATION, THE INCURRING OF AN OBLIGATION AND EXECUTION OF A GRANT AGREEMENT THERETO, AND ANY AMENDMENTS OR OTHER DOCUMENTS NECESSARY TO SECURE AN ACEGP GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of Morro Bay wishes to apply for and receive an allocation of funds through the ACEGP grant program; and WHEREAS, the California Department of Housing and Community Development (HCD) has issued a Notice of Funding Availability for the Code Enforcement Grant Program established by SB 1227 Burton (Chapter 26 of the Statutes of 2002) and codified under Health and Safety Code Section 53533(a)6; and WHEREAS, pursuant to the statutes. HCD is authorized to approve funding allocations for the program, subject to the terms and conditions of the Notice of Funding ® Availability (NOFA) and program application forms; and WHEREAS, the Morro Bay Police Department has submitted to HCD an application to participate in the Code Enforcement Grant Program in response to the NOFA issued February 14, 2003 requesting a funding allocation in the amount not to exceed $54,535.00 for the purchase of capital assets identified in the application to be used in the City of Morro Bay and that the applicant commits to use, support, and maintain said assets acquired with the grant funds for at least three years; and WHEREAS, if the funding is approved, the Morro Bay Police Department hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by HCD and in accordance with the NOFA and application package, -and WHEREAS, the Morro Bay Police Department is also authorized to execute any and all instruments required by HCD for participation in the Code Enforcement Grant program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, to authorize the Chief of Police to execute in the name of the Morro Bay Police Department the application, the Standard Agreement, and all other documents required by HCD for participation in the Code Enforcement Grant Program. Resolution No. 21-03 Page Two ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28`fi day of April, 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: Absent ATTEST: — LA:�Xft �&� BRIDGET AUER, City Clerk n LJ 11 ®DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS 1800 THIRD STREET, SURE 260, P.O. BOX 1407 F=t SACRAMENTO, CAUFORNIA 95812-1407 (916) 445-M71 FAX (916) 327.4712 From TDD Phones 1 (800) 735.2929 NOTICE OF FUNDING AVAILABILITY (NOFA) Code Enforcement Grant Program (CEGP) February 14,2003 The Department of Housing and Community Devebpment (HCD), Division of Codes and Standards, is pleased to announce the availability of S4,750,000.00 in funding for housing code enforcement assistance grants from the HCD's Code Enforcement Grant Program (CEGP). Purpose The CEGP is a new program with the aim of making grant funds available to cities, counties, and cities and counties for capital expenditures that improve the effectiveness of and supplement existing local funding for code enforcement programs related to housing code maintenance or compliance. To be eligible applicants must demonstrate the intent to ensure cooperative and effective working relationships between code enforcement officials, local prosecutorial agencies, local health department, local building and planning departments, policing agencies, local housing agencies or other agencies participating in an interdisciplinary approach to housing code enforcement. Assembly Bill 2867 (Chapter 82, Statutes of 2000) as subsequently amended, established HCD's initial ® Community Code Enforcement Grant Program and the Code Enforcement Incentive Program in Chapter & commencing with section 17998 of the HSC. These demonstration programs funded increased code enforcement staff and resources to improve and preserve existing housing through maintenance and community -oriented code enforcement efforts. The new CEGP was established by Senate Bill 1227 (Chapter 26, Statutes of 2002) under HSC section 53533(a)(6); the funding was approved as pan of Proposition 46 (2002). The new CEGP will continue to capitalize and build on interdisciplinary, community -oriented code enforcement and preservation concepts, but will provide grant funding only for capital expenditures hat supplement or complement local code enforcement and compliance activities. Provisions of the HSC govern this NOFA and its pogram funding commitments. Pursuant to HSC Section 53533, there will be no program regulations. In lieu thereof, this NOFA, its application forms. and the funding contracts uRll serve as guidelines for the applications, awards, mmmitment, use of funds, and applicable program requirements. Complete threshold requirements, rating and ranking criteria and the leveraging or capacity requirements will be set forth in the application process documents. Program Summan CEGP will provide grant funds to eligible applicants for capital expenditure costs (see definition and examples, below) that complement a proposed or an existing local building code enforcement program incorporating components and characteristics described in this NOFA. Frequently there is insufficient funding at the local level for capital expenditures used in the daily operation of code enforcement activities, including the tools and equipment necessary to identify and abate housing code violations in a timely and coordinated process. Effective code enforcement is necessary to protect public health and safety, to preserve affordable housing that could otherwise be lost through closure or demolition, and to avoid displacement of owners and renters. HCD will award the code enforcement grants on a competitive basis. CEGP staff will review all grant 11 applications for completeness and compliance with this NOFA. Applications will then be rated and ranked based on criteria described in this NOFA. There is to formal match requirement; however, the leveraging of ® other funds or resources will be necessary in order to demonstrate the capacity to use the grant -financed acquisitions. Equipment acquired or enhanced with grant funds must have a useful life of at least two years, or if acquiring or rehabilitating tangible physical property that property must have a useful life of 15 years. For the purposes of this program grantees must agree to monitoring and reporting for a three year grant period. Eligible Applicants z The applicant must be a city, county, or city and county. The applicant may apply for capital assets for use in its omen jurisdiction, or it may apply to use them on behalf of itself and other jurisdictions working together under a Memorandum of Understanding ("MOU"), ordinance, or other contract arrangement. z The entity submitting the application must be the primary agency responsible for housing code enforcement in its jurisdiction (only one application per jurisdiction will be accepted). This may be the building department, the health department, a code enforcement department, planning and land use department, housing/redevelopment agency, or a police or fire department, etc. z The applicant must have a local housing code enforcement component or program in place or under contract for one. This may be a building department, health department or other local department that currently only documents or responds to complaints, or it may be an existing interdisciplinary, proactive code enforcement agency. z The applicant must d monsttate anticipated ongoing program funding for the duration of the three year grant proaram which is adequate to support effective use of the grant -financed capital expenditures. Eligible Programs and Activities z The funds must be used for capital assets, as defined in this NOFA, that will be dedicated to local ® housing code enforcement within the applicant's jurisdiction or other jurisdictions it serves pursuant to an MOU or other contractual agreement and must supplement the applicant's existing funding.for its code enforcement program, including program costs related to the capital expenditures, soft costs or staffing. z The proposal must identify each capital expenditure, its estimated cost, its use, its anticipated useful life, and a detailed discussion describing the benefit provided to the code enforcement program the community and the existing housing stock z The proposal must identify, in general terms, the nature, source, and timing of the other funds or resources to be used to support the use, soft costs, maintenance, and other ongoing expenses related to the capital expenditure during the three-year grant period. z The proposed or existing code enforcement program should incorporate interdisciplinary coordination, using, for example, building, health, planning, police, fire, prosecutorial, and/or housing finance staffing or other resources for outreach/education and/or inspections and, to the extent feasible, include a community -oriented component. Grant Amounts The maximum grant to a single recipient shall not exceed three hundred thousand (5300,000), and the minimum grant to a single recipient shall not be less than thirty thousand dollars ($30,000). Eligible Uses of Funds A local code enforcement agency must use the grant funds for the acquisition or construction of a capital asset that complements its housing code enforcement program The following are the statutory definitions of a capital asset as pursuant to Government Code Section 16727: I z The acquisition or construction of tangible physical property with an expected useful life of 15 years or ® more; z Major maintenance, reconstruction, or retrofitting of a capital asset; z Capital assets such as equipment with an expected useful life of two years or more; and z Expenditures that continue or enhance the useful life of a capital asset. The following expenditures are examples of eligible costs. However, this is just a partial list of eligible costs and the Department encourages proposals for other capital expenditure items. Where funds are used for the purchase of equipment, that equipment MUST have an anticipated useful life of two years. Vehicles and Related Equipment z RV, special purpose commercial modular (portable office), or outreach trailer; z Passenger trucks or automobiles (for inspectors); and z Garbage dumpsters/ storage containers. Electronic Equipment z Computers: laptop or desktop, modems, wireless transmission equipment, printers, etc., along with appropriate accessory equipment; z Computer network or host server equipment necessary to support interdisciplinary coordination including appropriate software; z Radios, cell phones, walkie-talkies, or other communication systems and routine accessories; z Wireless communications equipment; global positioning system equipment and related software; z CD reproduction equipment; and Cameras (single -shot and/or movie); movie or projection equipment. Office/Neiehborhood Outreach Equipment z Office building improvements to.support code enforcement and/or additional inspectors; z Office equipment, meeting, demonstration or communication equipment. Inspection Equipment z Lead paint testing equipment; z Surveillance cameras to record illegal dumping or graffiti; z Metal or good quality reusable street or posting signage, and equipment to secure unsafe structures such as metal fencing or street barricades; z Street or security lights; z Equipment for vector or mosquito control; z Resource library for code enforcement officers; z Specialized equipment to rent or lease (e.g., tractor "claws" for neighborhood clean up's); and z Code enforcement safety equipment. Propertv Owner/Tenant Equipment z Jurisdiction -owned equipment, for use by public staff or to loan to property owners; and z Jurisdiction -owned graffiti removal equipment. Ineligible Uses of Funds Examples of ineligible expenditures include the following: which are operating costs or supplies (rather than capital costs), do not enhance or extend the life of a capital asset, are staff costs, or do not have a two-year useful life. z Operating costs or supplies such as: gasoline, oil, insurance, maintenance for vehicles (unless 11 ® included in lease cost); Garbage bags or dump fees; z Contracts for certification or training related to equipment, programs, etc.; z Consultants to develop customized software; z Monthly communication system fees or intemet fees; z General `operating supplies" or "consumables" (examples: filin non -rechargeable batteries, paper, toner, etc.)., z Paper flyers or brochures related to specific events or which are "throw -away" in nature; and z Costs related to development of public service announcements (written or electronic) educational materials, websites, translations, etc.; and z Consumer tool boxes. The determination of whether a proposed acquisition is an eligible capital expenditure is within HCD's sole discretion. If HCD determines a proposed expenditure is ineligible, or determines that an item's cost is not reasonable or staff capacity is inadequate to properly support the item, HCD may either eliminate the item from the application or modify the request to be consistent with the NOFA. If HCD's action reduces an application to less than the minimum threshold amount, this reduction will not result in disqualification unless the amount remaining to be awarded, in HCD's sole discretion, is too small to substantially support a code enforcement program or would place a disproportionate administrative burden on HCD. - Local Financial and Resource Leveraging Although the CEGP program does not explicitly require a monetary local match, the Department believes it is necessary and appropriate to require resource or financial leveraging for the grants in the form of funding for personnel and soft costs necessary to make effective use of the grant -financed acquisitions. Applicants must provide a detailed accounting of where these funds will come from and how they trill be used. For example, if ® the State -approved grant funds are used to purchase a vehicle, the grantee will be required to guarantee the personnel and operating costs (as local financial and resource leveraging) for the three-year grant period. Grant Terms and Limits Grants will be made for a term of three years. However, grant funds may be drawn down immediately after the execution of the Standard Agreement and Department approval of the item to be purchased. Grants will be subject to conditions set forth in a Standard Agreement (Contract). Grantees will be responsible for reporting on the fund usages and effectiveness of their code enforcement activities. Rating and Ranking of Applications Eligible applications, that are complete and meet all the threshold requirements, will be rated and ranked according to the following criteria. These complete applications will be compared one to another and points assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. r 1 U need. 0-10 points ® c.) The joint benefits provided by the proposed expenditure for the following groups or activities. Provide a brief explanation of the benefit. (I points will be awarded for each response. 5 point maximum) 0- 5 points 1. Code enforcement program 2. Community or jurisdiction 3. Interdisciplinary code enforcement team 4. Housing preservation, rehab programs, or neighborhood improvement programs 5. Special needs groups (disabled, elderly or low or very -low income, etc.) d.) Does the proposed capital expenditure provides a cost savings benefit to the jurisdiction? Provide a brief explanation of the cost savings. 0- 5 points 2. Current Code Enforcement and Housing Conservation Plan 10 Has the legislative body adopted a "plan' which addresses residential structure conservation and code enforcement? (It may be the housing element currently in effect, a Consolidated Plan, or another formal document adopted by the local jurisdiction.) From the following list. select one description that best reflects your jurisdiction's "plan" for code enforcement activities. Points will be awarded as follows: a.) The plan provides for proactive code enforcement (not just responding to complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation; 10 points b.) The plan only provides for proactive code enforcement (not just responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation; 8 points c.) The plan provides for some type of proactive code enforcement (other than just ® responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options; 6 points d.) The plan provides for only reactive code enforcement; 4 points e.) The plan only refers to a need to preserve and/or improve existing housing stock, without any code enforcement program; or 2 points f.) No existing plan 0 points 3. Community -Oriented or Interdisciplinary Code Enforcement 20 The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between code enforcement officials and other local agencies, as well as, a community -oriented approach to code enforcement. a.) Identify current or proposed interdisciplinary code enforcement programs or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points b.) Identify current or proposed community -oriented code enforcement programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points `------ ^---^------,.I , s I. I., d. Proactive Code Enforcement Activities The effectiveness of the proposed or existing proactive activities and programs operated by the code enforcement program. Describe the activities or programs that include the 30 following: a.) Encourages repairs and preservation, rather than demolition or abandonment, of substandard residences. 0-5 points b.) Abatement of (a) lead hazards and lead -based paints, (b) toxic molds and dampness, and (c) displacement or relocation of residents. 0-5 points c.) Community cleanup campaigns. This may include but is not limited to recycling dates, free or reduced disposal rates at dumpsite, public cleanup days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, durnpsites or trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles. tires, toxic materials. etc. 0-5 points d.) Resource or referral programs for local, state, federal and private funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectiN code violations. 0-5 points e.) Public education programs on housing issues. These could include but are not limited to community housing meetings dealing with homeownership, tenant -landlord issues, housing code enforcement, school age children programs with coloring books or handouts, housing safety pamphlets. etc. 0-5 points f.) Programs that encourage community involvement with groups; such as schools, churches, r community service groups, utility companies, local stores, housing agencies, banks, etc. 0-5 points is5. Capacity to financially and technically support proposed capital expenditures 10 The degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant. a.) The anticipated ongoing program funding for the duration of the three-year grant program is adequate to financially support the use of the grant -financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.) 0-5 points b.) The jurisdiction has the technical capabilities to use and support equipment.(examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or two-way radios, trained personnel to operate equipment, etc.) 0-5 points TOTAL POINTS AVAILABLE: 0 100 STATE OF CALIFORNIA ® DEPARTMENT OF HOUSING AND COAIMUNI"IY DEVELOPMENT DIVISION OF CODES AND STANDARDS 1800 Third Street, Suite 260 Sacramento, CA 95814 APPLICATION FOR CODE ENFORCEMENT GRANT PROGRAM FUNDING I. Applicant (city.. county. or city/count.v) a.) Applicant Information Applicant: Morro Bay Police Department Address: 850 Morro Bay Blvd. Cirv: %iorro_P� State: —Ca ZIP: County: San Luis obi5go b.) Authorized Representative Information First Name: Joseph \Il: S- Last Name: Lovett Job Title: Chief of Police Dept. or Div.: Police Q Check if the address is the same as Applicant's. ® Address: City: State: ZIP. Phone: (805) 772-6284 Ext. Fax: (805) 772-2224 E-mail .Address: jloven@tmrro—bay.ca.us c.) Applicant Contact Information First Name: Albert \1I: L. Last Name: Sengstock Job Title: Code Enforcement Off iceiDept. or Div.: Police ® Check if the address is the same as Authorized Representative's. Address: City: State: ZIP: Phone: (805) 772-6294 Ext._ Fax: (goy) 772— 24 E-mail .Address: asengstock@tnorro—bay.ca.us d.) Legislative District and Representative Applicant-s Legislative Representative: Assembly: District No- . 15 Representative: Abel Maldonado State Senate: District No: _33_ Representative: grur- pg Pherson ® Congress: District No: 23 Representat ive:Inis Capps ❑ Additional legislative representatives are attached as "Exhibit 8" Fat.n Mary 11 �nM t CF(:P APPt ICATi()% IL Grant Request The maximum grant to a single recipient shall not exceed three hundred thousand dollars ($300,000), and the minimum grant to a single recipient shall not be less than thirty thousand dollars (S 30,000). Total Grant Funds Requested: S 54,535.00 Applicant Eligibility a.) Type of Organization: Applicant Type: City Li Comuy Li City and County b.) Legal Status. Resolution Authorizing Grant Application (Exhibit 1) Applicant must submit a Resolution authorizing the application (See Attachment "A" for Sample Resolution)- W. Applicant Code Enforcement Experience and Ilistory (Iixhibil 2) Provide a detailed summary of \,our or_•aniration's history and experience with code enforcement. Incorporate into your summary any information that meets the criterion below including a description and scope of your current code enforcement progann, staffing. housing progrmts or activities, finding resources, program history, and program goals. When applicable, answer the questions by checking the appropriate answer. ® a.) The gram requires that the enti v subnnitting the application be the'Prin§rn Agency' responsible for housing code enforcement in its jurisdiction (only one application per jurisdiction will be accepted). Does the entav submitting this application meet this requirement? Yes X No h.) At a minimum, each jurisdiction must have a local housing code enforcement component or program in place or under contract to comply with Health fi Safety Code Section 17961_ This may be a building department, health department or other local department that may simply document or respond to complaints, or it may be a full-fledged interdisciplinary, proactive code enforcement agency. Describe in your summary the scope of your current code enforcement component or program, its responsibilities, staffing, housing programs or activities. funding resources and program goals. c.) The applicant must demonstrate anticipated ongoing program funding for the duration of the three-year grant program which is adequate to support effective use of the grant -financed capital assets. Include in the stuumary a brief description of program ftmding sources. a more detailed description will be in Item VIII of this application. d.) List the geographic area(s), and provide map(s), where vow organization currently operates or plans to operate its code enforcement program(s). V. Eligible and Ineligible Use of Funds ® A local code enforcement agency must use the grant funds for acquisition or construction of capital assets that complement a housigncode enforcement program. The following are the statutory definitions of a capital asset pursuant to Government Code Section 16727: u 'ntt2 ('F(:P A PPI V-A nnl-d The acquisition or construction of tangible ph%sical propeny with an expected uselit life of 1; years or more: Major maintenance, reconstruction. or retrofitting of a capital asset. z Capital assets such as equipment with an expected useful life of two %ears or more: i Expenditures that continue or enhance the useful file of a capital asset. Included in the NOFA are panial listings of both eligible rand ineligible capital asset(s) and the Department encourages proposals for oher capital asset(s) that will be evaluated for eligibifiry on an individual basis. Tote, where funds are to be used for the purchase of equipment, that equipment (MUST hate an anticipated mininawn useful life of tvo tears. VI. Need and Community Benefit from Code Enforcement Grant Funds (Exhibit 3) The applicant may propose capital assets for use in its ohhm jurisdiction, or it may apply to use them on behalf of itself and one or more other jurisdictions working together under a Memorandum of Understanding (MOU), ordinance. or other contract arrangement. Demonstrate the need for each capital asset proposed for funding and the benefits provided To meet each criterion, the proposal must provide a detailed description of each capital asset requested, its anticipated cost, how the jurisdiction plans on using h, its cost-effectiveness and any cost savings benefits provided. Additionally, you must provide specifics of anticipated benefit(s) to the applicant's code enforcement program as specified below. a.) Provide a detailed description of each capital asset to be acquired with geuu funds and its anticipated cost. Also, demonstrate that each item's costs are reasonably related to the need and benefit it provides. If more than three assets are proposed, attach a separate spreadsheet as Exhibit 3-\. b.) Provide a detailed summary of the applicant's need for the capital asset(s), and how it plans ® on using the capital asset(s). Demonstrate how the grant fund will fulfill this need. c.) Provide a brief summary of the benefits provided b_v the proposed capital asset(s) f6i the following goups or activities as applicable: I. Code enforcement program 2: Community or -jurisdiction 3_ Interdisciplinary code enforcement team T. 1 fouling preservation. rehab programs, or neighborhood improvement prop-anhs 5. Special needs groups (disabled elderly or low or vet -low income, ere.) d.) Does the proposed capital asset(s) provide a cost satins benefit to the jurisdiction? If so, provide an explanation of the cost savings for each item - VI 1. Current Code Enforcement and Housing Conservation Plan (Exhibit 4) Identify the document and description of your current code enforcement and residential housing conservation plan adopted by your legislative NvJy. It may be your housing element currently in effect, a Consolidated Plan, or another formally adopted document From the following choices, check the one description that best reflects your jurisdiction's current "plan" for code enforcement activities and provide justification or an explanation of your selection. ❑ The plan provides for proactive node enforcement (nix just responding to complaints), an interdisciplimn, approach, and includes funding options for repairs and rehabilitation isNJThe plan only provides for proactive code enforcement (not just responding to complaints) and calls for an nmerdisciplinary approach and does not address fundim�,, options for repairs and rehabilitation: T:A., .. 14 7nn7 I r'FC.P AM It'd Tlrl\ ❑ The plan provides for some type of proactive code enforcement (other than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public 1191 agencies or funding options: ❑ llie plan provides for only reactive code enforcement: ❑ the plan only refers to a need to preserve and/or improve existing housing stock, without an_v code enforcement program: or ❑ No existing plan YII1. Commurite Oriented or interdisciplinary Code Enforcement (Exhibit 5) Explain and t)'monstrate the applicants intent and means to ensure cooperative and effective working relationships benvicen its code enforcement officials and other local agencies, as well as, incorporating a community -oriented approach to code enforcement. Include die following in your demonstration: a.) Swnmarize the applicant's current or proposed interdisciplinary code enforcement pro_oram and identilA the team members (example: code enforcement, police, kcal prosecutors. health department, building, planning, housing department, fire, non -profits, etc.). Provide a summary of the teams aide enforcement and coordination procedures. an explanation of how the team plans to ensure a cooperative and effective working relationship, and the team's goals. If the interdisciplinary team participants are limited in scope. explain how receipt of the grant will be used to improve the program(s). Isb.) Provide a detailed description of the applicant's current or proposed community -oriented code enforcement programs. activities or services. (Example: community clean-ups. NeiJnbmbood Watch programs, community meetings. door-to-door code enforcement knock and talks, preventative maintenance programs, public health or housing education seminars, etc.) If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the progmm(s). tx. Proactive Code Enforcement Activities (Exhibit 6) Demonstrate the effectiveness of the applicant's existing proactive code enforcement program using the followins criteria• including current activities and programs. If the applicant does not have an existing proactive program or it is currently limited in scope ht will implement one or expand the limited one, explain and demonstrate the applicants proposed proactive code enforcement activities and progranns using the folloiiing criteria. a.) Do the applicants programs encowage repairs and preservation of the existing housing stock - rather than demolition or abandonment of substandard residences? Yes — No (If yes, provide details of your housing preservation programs) h.) Do the applicant's program(s) address (a) lead hazards and lead -based paints, (b) toxic molds and dampness. and (c) displacement or relocation of residems? Yes No (If yes; provide details of these programs) c.) Does the applicant's progrun include community clean-up campaigns? These may include but Fvhn ,nn11 'nrr. A C P('.n APVI nr'ATnrW are not limited to recyclun, dates, free or reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash./recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc_ Yes X No (If yes, provide details of the programs.) d.) Does the applicant offer a resource referral prop anV Yes N o X (►f yes, provide details of programs such as a listing of available .-overnment (local state or federal) and private fundin.- sources, or other local resources that can assist with housing rehabilitation and repairs to rectiil code violations.) e.) Does the applicant's program include a public education sector that addresses housing issues? These may include but are not limited to community meetings that address homeownership, tenant -landlord issues, housing code enforcement, housing safety, health hazard or distribution of pamphlets, flyers or fire alarms, school programs, etc. Yes X No (If yes, provide details of the prograrn) f.) Does the applicant's code enforcement program encourage involvement with community oups: such as schools, churches, non-profit housing groups, couununiry service groups, utility companies, local stores, housung agencies, banks, etc Yes X No (If yes, provide details of the program) N. Capacity to financially and technically support proposed capital expenditure(s) (Exhibit i) ® Explain and demonstrate in specific teens the jurisdiction's financial and technical capacities to properly use and successfully support the proposed capital asset(s) daring the three-year temp of the gran. Include the following snit n at your responses. a.) Does \,our jurisdiction anticipate ongoing program funding that is adegmte to financially support the use of the grant -financed equipment" Yes X No If yes. provide details of existing or proposed funding sources that provide for technical support, operating costs. instuance, -maintenance. trauurw, consumable supplies, personnel expenses, ongoing monddy billing costs (cell phones, online data services, utilities, etc.), and any other soft costs associated with the proposed capital asset(s). h.) Demonstrate the jurisdiction's technical capabilities to use and support the proposed capital assets (examples: adequately trained staff or resources to provide training to operate technical or heavy equipment, availability of local service provider for cell phones, twoway radios or online services, licensed etc.) c.) Provide a copy of your proposed .annual Code Enforcement Operating Budget IN. Application Authorization This application was PREPARED by: six ck Code Enforce<•t>Lnt Officer Name P'mt o ype) Title l N' � Signature /Date F�hm�..• I1 Win' f r(:P .t PPI ICATICNI ® This application is SUB.M11fED by: I/We ceniN that the information and statements submitted in and attached to this application, are true, accurate and complete to the best of my:/our knowledge. lAVe authorize the Department of Housing and Communiry Development to veriR� any information pertaining to this application. I/We acknowledge and understand that if facts and/or information herein are found to be misrepresented it may constitute grounds for rejection of the application or default of the Code Enforcement Grant Program grant for which this application is being made. JOSEPH S. LOVEN CHIEF OF POLICE Nance (Print or Tvpc) Title 0, J J APRIL 3, 2003 Signature Date ALB L. SENGSTCK CODE ENFORCEMENT OFFICER Name (P t or Type) 'Fide APRIL 3, 2003 Signature Date ® S CHECK LIST OF EXHIBITS TO BE ATCACHED TO THIS APPIACA'IION Please tab each exhibit as required bv the application and place the exhibit behind the completed application according to the corresponding exhibit numbers listed below. 1. Copy of Resolution Authorizing this Application. (lhe resolution may also authorize execution of the contract and other documents needed to process a loan See Model Resolution. Attachment A) 2. Code Enforcement History and Experience. 3. Need and Conununity Benefit from Code Enforcement Grunt Program Eunds 4. Current Code Enforcement and Housing Conservation flan i. Community-Orientedor Interdisciplinary Code Enforcement 6 Proactive Code Enforcement Activities. 7 Capacity to financially and technically support proposed capital asset(s) and Three -Year Proposed Amlual Operating Bud(''et for the applicant's Code Enforcement Program. S. Additional Legislative Representatives (if applicable) Ghmon 11 ^AM (. r"rr.P APPI 1('ATifl\ El This is to verify that the attached Resolution No.21-03, is being presented to the Morro Bay City Council as a consent agenda item, on April 2S`h, 2003 Joseph . Loven, Chief df Police. Morro Bay, California 1 ® Exhibit # 2 Beginning with the 1\'10ITo Bay's incorporation in 1964, the city attempted to respond to code enforcement issues via the historical Planning Department method. The city handled violations on a "complaint only" basis, thus falling into the historical bureaucratic quagmire known by many communities. Code violations rarely made it to an actual court hearing, and resulted in only partial compliance. Adding to the difficulty, the city only employed a contracted consulting attorney, making legal advise and representation cost prohibitive. b. Morro Bay adopted Building, Housing, Zoning, and Heath and Safety Codes shortly after incorporation. We have continued to adopt and refine the most recent codes in an effort to create an urban "proactive" community policing effort. The city's Public Services Department employs a full Planning; Building Safety, and Engineering staff, as well as a full time professional Fire department. Morro Bay enacted a major change in philosophy for the 2000 budget year, by transferring code enforcement to the Police Department, and by hiring a full-time Code Enforcement Officer with full planning, redevelopment, and code enforcement training. The city established as its goal, the implementation of a community based, ® multi jurisdictional. code enforcement effort, modeled from the very successful City of Sacramento "Action Team" approach. This approach has resulted in the proactive involvement in, and enforcement of Municipal, State, and Federal laws and Codes. c. At the local enforcement level, our primary focus is on illegal second dwellings, Housing, and Zoning Codes. We no longer pursue compliance on a complaint only basis; and now use many community -policing techniques to improve our community. Not only does the city use the "classic' enforcement response when true health or safety violations occur, but we have also initiated an ambitious educational effort. We have written many newspaper articles explaining the various codes and ordinances most often misunderstood and violated. We have budgeted 510,000.00 for, and are in the process of producing a television program on code enforcement, which we will present on our local public television station. We have also invested manpower and media, and are now going to real estate and property management businesses to present Housing and Zoning Code training programs. in an effort to be more "community healing' based, we now organize and supervise the use of an already existing, police funded and supported, community service volunteer organization, as well as teenagers assigned "community service" time, to physically assist in private -property clean-up efforts for our elderly and financially limited citizens. We believe that it is important to be a "part of the solution" in order to be truly effective. 11 ® The vehicle we are requesting will allow the City of Morro Bay to expand the level and frequency of the community service aspect of our enforcement approach. It will provide the city with the ability to transport volunteers and to remove debris and appliances for those unable to help themselves, resulting in an even more beautiful city. d. Our code enforcement effort will be limited to the city of Morro bay, population, approximately 12,000. ® Exhibit # 3 a.) Ford F250, 4X4, Crew Cab, or similar, with the listed options: S32,410.00 Sales tax: S2,350.00 License fees: S150.00 S34.910.00 11 C Ken%vood I -Mobile Radio/Antenna: S1,200.00 Installation: S500.00 S 1,700.00 Electric Winch, 1500 capacity: S1700.00 Installation kit: S400.00 Installation: S200.00 S 1,700.00 Miscellaneous- Graphics, emergency lighting, tie downs, fire extinguisher, controllers, wiring, speakers, bed liner: S4,125.00 Installation: S 1.000.00 S5.125.00 S44, 035.00 Dell Laptop computer, or similar, docking port, and monitor: S5,500.00 Sony digital camera, or similar: S5.000.00 Total=S54,535.00 b.) Although our community assistance program is much needed, our ability to respond is limited due to the lack of appropriate equipment and vehicles within the city. We need the truck, computer, and camera, to develop a consistent and reliable program. The truck will be used to remove debris, weeds, appliances, and to reposition inoperative or abandoned vehicles. We will use the computer and camera to document all code enforcement and community service activities within Morro Bay. When not being use for this specific purpose, we will make the equipment available for other Police, Fire, Building Safety Department proj rtects or emergencies. ® c.) Summary of benefits: l . Code enforcement program: Since Code Enforcement coordinates most of the various clean-up efforts, as well as guides most other enforcement programs. the vehicle, computer, and camera will allow for participation . in, and recordation of, city-wide enforcement campaigns. 2. Community: We will use the "multiple -use" vehicle, the computer, and the camera in all efforts intended to assure Nforro Bay's health, safety and appearance. 3. Interdisciplinary code enforcement team: Since the Code Enforcement Officer coordinates all of the various departments and agencies, the vehicle will allow us to transport people and equipment. The computer and camera will provide on -site `sharable" information and photos for all. 4. Housing preservation, rehab, or neighborhood improvement programs: The vehicle will, as already stated be used to assist those who cannot assist themselves in clean-up efforts. The camera and computer will be used to record those efforts, and to provide before and after evidence of the results of city programs. 5. Special needs groups: To state the obvious, one of the primmy reasons for the vehicle is to assist those that are unable to help themselves. Either because of health, age, or financial limitation. ® d.) Morro Bav will realize financial benefit in the long term. The education and assistance programs provided the community, will reduce the necessity for actual judicial enforcement efforts, thus saving time, manpower, and budget for Morro Bay, as well as the other courts and agencies normally involved in such actions. 0 ® Exhibit # 4 Code Enforcement now performs neighborhood inventories, identifying the most obvious symptoms of illegal or over occupancy. Those symptoms being dilapidated buildings, an unusually NO number of vehicles, the occupancy of accessory buildings, or any other obvious activity that attracts negative attention. It is then determined whether the property is owner occupied or a rental property. If the property is owner occupied we make personal contact, during which a request to inspect the premises is made. if ho�,vever the property is a rental, then we make written contact with the property owner. Assuming a cooperative property owner, we then, depending on the mawitude of the existing problems, schedule an "action team inspection -of the property. In either case, our goal is to achieve compliance with Building, Housing, fire, Health and Zoning Codes, not to demonize or punish anyone. We spend much of our time educating the responsible party about the various codes, while attempting to wide them in ways to achieve compliance. We initiate "aggressive" legal action only in the most threatening or defiant circumstances. C�J ® Exhibit # 5 a.) During the past two years, our team has developed an understanding of how each agency or department's actions affect the other. How the application of the various codes, laws, and regulations of one agency or department, might assist the other in achieving their goal(s). Depending on the level and type of enforcement action being initiated. our team consists of the following agencies and departments: Code Enforcement, the Fire Department, The Harbor Department, all divisions of The Public Services Department (Building Safety, Planning, Engineering,), County Environmental Health, County Public Health, Air Pollution Control, The City and County Attorneys, Crime Prevention/Block Watch, Police Public Service Volunteers, The Chamber of Commerce, and of course the County Sheriff and State Police. We recent1v demonstrated the effectiveness of our team, when due to an ammonia leak it was necessary to evacuate half of the City of Morro Bay. During this event and largely due to the cooperative interdisciplinary team history already in place, the staging and evacuation of the city occurred without incident. It was during this real -life experience that we realized our need for additional vehicles, and equipment. ® This grant will enable the city to be more effective in all endeavors pertaining to public health and safety. It will allow us to establish code enforcement command posts, to keep records that are more efficient, and to chronicle that action. b.) We have made the change to education based code enforcement. Using various organizations and information disseminating methods, we are employing all possible techniques to provide information to the public. Code Enforcement makes presentations to the various Block Watch districts throughout the city. We either refer members of the public to, or call in the appropriate agencies or departments to guide our citizens. The City of Morro Bay is providing regulatory training to the real estate and property management community. We are producing a television program on the topic of code enforcement, placing articles in the newspaper on a umber of timely code enforcement issues, and meet with various business organizations in the city on a regular basis. ® Exhibit # 6 a.) Morro Bay, like most other California communities, is now mandated to increase the housing inventory. Subsequently it is the city's goal to guide property owners in the various legal methods of legitimizing many of the previously unauthorized dwelling units. In many, if not most cases, these units are capable of meeting the codes and ordinances currently in place. With the proper guidance, and assuming their Nvillingness to pursue the city's approval process these units usually become legal dwelling units that are safe and legitimate. b.) When substandard housing is identified, an inspection by "the team" is focused on health and safety issues. County Health inspects for molds, evidence of rat and insect infestation, while the Building Safety Inspector considers issues such as asbestos and lead paint. At the earliest possible opportunity, when we expect that due to health hazards the occupants must be relocated, CRLA is contacted in an effort to assure that there are no displaced residents. c.) Morro Bay provides many services and campaigns intended to promote a clean and health\, city. Some of these efforts are: 1. An April clean-up day when citizens are allowed to get rid of furniture, junk and trash. 2. The Fire department provides a "chipping day." A tree chipper is sent to a property for the purpose of turning tree limbs and brush into usable mulch. 3. We have a hazardous waste collection site in the city. ® e.) As already stated, the City of Morro Bay's primary approach is that of education. it is our belief that. for the most part when people know better, they do better. Newspaper articles, television programs, and flyers, are just some of the methods used to inform and educate the "public" about housing and building safety issues. L) We have a close relationship with all'community organizations, churches and business organizations, but have not implemented a planed information program in this sector ® Exhibit # 7 In September 2000, the City established a full-time Code Enforcement Officer position to begin a proactive approach to dealing with blight and other code issues. The position was fully funded and included in the Police Department budget to easily coordinate various City & County agencies in dealing with issues that had been ignored over the years. Qs such the personnel continues to be fully funded with equipment from existing car pools and Police department equipment utilized by the Code Enforcement Officer. The position is included in the upcoming two-year budget at approximately S75,000.00 per year. The requested equipment (vehicle) will be fully funded through existing fleet operating funds which include maintenance, fuel/lubricants, insurance and other miscellaneous costs. The Police Department also has existing records management systems, radio systems and in-house technical services (city employees) to support the requested computer and digital camera. Finally; along with the existing radio network and backup systems that are utilized in day-to-day operations in support of Code Enforcement efforts, the department also provides a cell phone for his exclusive use. ® As the Code Enforcement Officer works through the Police Department, the budget is absorbed in the supply/services and personnel costs for the department. However; the approximate costs for the position where the equipment would be used are: Personnel: 575,11 1.00 (me. salary & benefits) Supplies: 52,500 (includes fuel, office supplies, safety equipment & small tools) Services: 54,000 (includes training, outside vehicle repairs/service, insurance, phones) Capital: S54,000 (includes grant funded equipment)* * Vote: Budget request under this grant includes items items in attached itemized list. rl 1 RESOLUTION NO.20-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING ETHICS POLICY AND CREATING A CODE OF ETHICS FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the maintenance of high ethical standards is a prerequisite for trust in public institutions; and WHEREAS, it is the intent of the Morro Bay City Council to demonstrate the highest ethical standard by policy and example; and WHEREAS, a valid demonstration of the ethical standards of the City would be for intent of the Morro Bay City Council to adopt an ethics policy for the City; and WHEREAS, it is the desire of the Morro Bay City Council to establish a formal ethics policy. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the following statement is adopted by this Council as official policy of the City of Morro Bay superseding all other resolutions on the subject of ethics: It is the policy of the City of Morro Bay that all elected and appointed officials, employees and volunteers in the City government operate on the highest ethical plane. This means: Always being truthful. Scrupulously following the Ralph M. Brown Act and Fair Political Practices Commission regulations. Making impartial decisions, free of bribes, improper gifts, or narrow political interests. Obeying the law. Never violating confidence, particularly Closed Session discussions or reports. Not exceeding authority. Acting in a respectful, fair, lawful, and responsible manner. Ell [I 0 Resolution No. 20-03 Page Two PASSED AND ADOPTED hz the City Council of the City of Morro Bay at a regular meeting thereof held on the 14 day of April 2003 on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None UNIA-W ® RESOLUTION ESTABLISHING 4 HOUR PARKING LIMITS AND HANDICAPPED PARKING SPACE DESIGNATIONS ON THE WEST SIDE OF THE EMBARCADERO NORTH OF BEACH STREET THROUGH THE 1300 BLOCK OF EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code Section 10.36.050 authorizes the City Council to designate limited time parking on any street and on any public property of the City; and. WHEREAS, a need to provide increased efficiency of use of existing public parking spaces and to clearly designate handicapped parking locations in the above area was recognized; and; WHEREAS, following discussion and input from with the waterfront leaseholders and businesses in the area on the west side of the Embarcadero north of Beach Street through the 1300 block of the Embarcadero, and on review by the Harbor Advisory Board, certain 4 hour parking space limits are proposed along the west side of the parking area and certain handicapped spaces need to be clearly marked and designated as per the attached map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro ® Bay that a four hour parking limit from 9:00 a.m. through 9:00 p.m. is hereby designated on the west side of the Embarcadero north of Beach Street to the 1300 block of the Embarcadero per the attached site map; and BE IT FURTHER RESOLVED, that handicapped parking spaces are hereby designated on the west side of the Embarcadero north of Beach Street to the 1300 block of the Embarcadero per the attached site map; and BE IT FURTHER RESOLVED, that these parking limitations and designations shall be noticed by signs and/or curb marking appropriate to reflect this action. " PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24`h day of March 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None. ABSENT: Yates VICE -MAYOR S 13 11 M Zv0 iO Om zm (0v Zvi x I I 1 I I I rn" LJ®I I I Idly 1 El UL ' VrJ I / ` I I ^ail y I \ � I i it I I it I I I it 1 I I I I I �I I I I I I 1 11 11 RESOLUTION NO. 18-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING BUDGET OF THE GENERAL FUND AND REDUCING APPROPRIATIONS FOR FISCAL YEAR 2002-2003 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of 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 24, 2002 by adoption of Resolution No. 36-02; 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 reducing appropriations by $250,000, as shown on the attached summary schedule (ccreso I 803xcel.xls.) PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of March 2003, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates JA CE PETER , Vice -Mayor n El E City of Morro Bay - Finance Department General Fund Budget Cuts Mid -Year FY 2002-2003 City Council Resolution #18-03 Fund Dept Account Description of Line Item Amount of Cut City Manager - Elections 001 3120 6106 Contractual Services 6,000.00 001 City Attorney 001 3210 4110 Salaries 7,120.00 001 Finance Department 001 3510 6105 Consulting Services 14,677.00 001 8710 Loss on Investments 11,126.00 001 1 Police Department 001 4110 4110 Salaries 14,279.00 001 4110 6106 Contractual Services 14.500.00 001 4110 5109 Uniforms / Safety Equipment 1,000.00 001 Fire Department 001 4210 4120 Overtime 2,500.00 001 4210 4310 Part-time Pay 2,500.00 001 4210 8721 Payment to Other Agency 27,000.00 001 4210 6720 Medical Exams 1,000.00 001 4210 5199 Misc Operating Supplies 2,000.00 001 4210 6199 Other Professional Services 213.00 001 4220 5199 Misc Operating Supplies 156.00 001 Public Services 001 5205 5106 Photo supplies 54.00 001 5205 5110 Fuel 158.00 001 5205 5170 Computer paper 69.00 001 5205 5304 Subscriptions 137.00 001 5205 5305 Forms 270.00 001 5205 5503 Rolling stock 16.00 001 5205 5530 Small tools 45.00 001 5205 6104 Enaineerinq services 3,278.00 001 5205 6105 Consulting 4,771.00 001 5205 6106 Contractual services 10,172.00 001 5205 6199 Other professional services 2,100.00 001 5205 6230 Messenger 77.00 001 5205 6231 Pager services 44.00 001 5205 6301 Electricity 940.00 001 5205 6510 Meetings 1,045.00 001 5205 6519 Association memberships 216.00 001 5205 6601 Outside equipment repair 77.00 001 5205 6604 Outside vehicle repair 281.00 001 5205 6640 Maintenance contracts 1,890.00 001 5205 6701 Outside clerical 308.00 001 5205 6812 Space rental 8,400.00 001 5205 7202 Trucks 3,000.00 001 5230 4110 R ular salaries 14,279.00 001 5220 4120 Overtime 250.00 001 1 5220 5109 jUniforms/safety equipment 1,000.00 E El City of Morro Bay - Finance Department General Fund Budget Cuts Mid -Year FY 2002-2003 City Council Resolution #18-03 Fund Deot Account Description of Line Item Amount of Cut 001 5220 5125 Repair and maint. Materials 400.00 001 5220 5301 General office supplies 200.00 001 5220 5302 Copying supplies 50.00 001 5220 5303 Books 100.00 001 5220 5503 Rolling stock su lies 500.00 001 5220 6125 Professional development 200.00 001 5220 6160 Vehicle inspection fees 100.00 001 5220 6161 License 8 permit fees 200.00 001 5220 6201 Telephone 200.00 001 5220 6510 Meetings 200.00 001 5220 6514 Travel expense 200.00 001 5220 6601 Outside equipment 500.00 001 5220 6604 Maintenance contracts 100.00 001 Recreation and Parks 001 6110 5109 Uniforms 160.00 001 6110 5175 Computer Supplies 500.00 001 6110 5199 Misc Operating Supplies 500.00 001 6110 5301 General office supplies 500.00 001 6110 5302 Copying supplies 150.00 001, 6110 5305 Forms 400.00 001 6110 6107 Promotion/Advertising 2,200.00 001 6110 6125 Professional development 400.00 001 6110 6201 Telephone 700.00 001 6110 6220 Postage 300.00 001 6130 5105 First Aid 214.00 001 6130 5302 Copying supplies 500.00 001 6130 6105 Consulting Services 500.00 001 6130 6220 Postage 526.00 001 6140 5102 lRecreation Supplies 2,000.00 001 6140 5105 First Aid 200.00 001 6150 5199 Misc Operating Supplies 3,000.00 001 6150 5502 Building Supplies 2,000.00 001 6150 5530 Small tools 1,000.00 001 6150 6604 Outside vehicle repair 4,000.00 001 6160 7301 Machinery Acquisition 1,670.00 001 6160 5530 Small tools 1,030.00 001 6160 6602 Outside Structural Repairs 1,830.00 001 6160 6399 Other utilities 2,000.00 001 6160 7202 Trucks 700.00 001 6160 6199 Other Professional Services 2,000.00 001 Non -Departmental Facilities 001 7210 8130 Principal Repayment 46.122.00 001 1 7210 8110 Interest Expense 15,000.00 Total General Fund Budget Cuts 250,000.00 Cl E RESOLUTION NO. 17-03 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 2002-2003 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of 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 24, 2002 by adoption of Resolution No. 36-02; 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 (ccreso 1703xcel.lxs.) PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 24th day of March 2003, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates . 61 C' li C• 7• City Clerk Impr �w r/� C City of Morro Bay - Finance Department Mid -Year Budget Adjustment Report FY 2002-2003 Summary of Financial Transactions to Adjust Budget February 10, 2003 City Council Meeting Attachment to City Council Resolution #17-03 Account Number General Fund 6c nditu 3 Budget Increases 001-41104110 Police December Vacation Buy -down 40,604 00142104599 Fire December Vacation Buy -down 22,136 001-7210-7101 Purchase via 628/02 Auction of 231 Atascadero Road 637,000 001-7210-7101 Purchase 714 Embarcadeo7781 Market Street 2,700,000 001-7710-8540 Transfer to CIP Photovoltaic Project 33,300 001-T710-0540 Transfer to CIP Permanent Skate Park 50,000 001-77104LW Transfer to CIP RUDAT Supplemental Appropriation 200,000 001-5230-6106 Removal of Diseased Street Trees 30,000 0014210-7302 Equipment Acquisition (FEMA SCBA Grant Funded) 67,750 0014210-6199 Other Professional Services (FEMA Train' Grant) 26,500 001421MI05 Consulting (MERP Update Grant) 25,000 00142104120 Overtime 35,000 00142104310 Part-time pay 25,500 0014210-6104 En ineering Services 8,000 00142104110 Fire labor Agreement 22,500 3,923.290 General Fund Revenue Estimate Increases 0014210-3372 FEMA SCBA Grant 67,750 0014210-3372 FEMA Training Grant 26,500 00142103372 MERP Update Grant 25,000 0014210-3393 Nuclear Planning Reimbursement 9,150 001-0210-3472 Other Fire Reimbursements (Mutual Aid) 88,455 216,855 General Fund Revenue Estimate Decreases 001-3510-3068 Natural Gas Franchise Fees (915,000) 001-3510-3064 Transient Occupancy Tax (173,000) (1,088,000) CaVital Im rov ent Fund Ex UMM Bud et Increases 911-8317-6106 Permanent Skate Park 50,000 911-98236106 RUDAT Supplemental Appropriation 200,000 9114322E106 Solar Energy- Photovoltaic Project 33,300 283,300 Ca ital Imorovernent Fund ReveUM2 Estimate Increases 911-8322-3810 Transfer from General Fund 33,300 911-8317-3810 Transfer from General Fund 50,000 911-98233810 Transfer from General Fund 200,000 283,300 RESOLUTION NO. 16-03 ® 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 OF MORRO BAY (3% @ 55 FOR LOCAL FIRE MEMBERS) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: ® To provide Section 21363.1 (3% @ 55 Full formula) for local fire members. NOW, THEREFORE BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 24 day of March 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates J CE PETERS', Vice -Mayor ATTEST: C BRIDGEIBAUER, ® RESOLUTION NO. 15-03 RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. MB-2003-S1: SPRING 2003 OVERLAY PROJECT The City Council, City of Morro Bay, California WHEREAS, maintenance of Morro Bay's street infrastructure is of the highest community priority; and WHEREAS, while significant strides have been made in the past several years, the citizens of Morro Bay cannot shoulder the entire burden of the costs to rehabilitate its street system; and WHEREAS, the State of California made a total of $199,000 available to the community for this purpose through a year 2000 Surface Transportation Improvement Program STIP funding allocation which was incorporated into the Project's budget; and ® WHEREAS, the City allocated monies in its Capital Improvement Fund for Street Maintenance/Overlay which was also incorporated into the Project's budget; and WHEREAS, plans and specifications for Project No. MB-2003-S3: Spring 2003 Overlay were prepared and bid pursuant to the Public Contract Code; and WHEREAS, A. J. Diani Construction Company, of Santa Maria, California, submitted the lowest responsible bid in the total amount of $318,073.02; and WHEREAS, it is in the public interest that the Project be constructed at this time. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the contract for Project No. MB-2003-S1: Spring 2003 Overlay is hereby awarded to A. J. Diani Construction Company in the total amount of $318,073.02; and BE IT FURTHER RESOLVED, the Vice -Mayor is hereby authorized to execute contract documents reflecting this action. Resolution No. 15-03 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of March 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates ® ATTEST: 011 4 Er I C RESOLUTION NO. 13-03 RESOLUTION APPROVING PROGRAM SUPPLEMENT FOR WATERFRONT BOARDWALK PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, via adoption of Resolution No. 66-00 on October 23, 2000 the City Council authorized entering into a new Administering Agency - State Master Agreement with the State of California (#05-5391); and WHEREAS, said Master Agreement specified terms, conditions and obligations for the City to receive monies from the various State -administered funding programs; and WHEREAS, one of said conditions states that a project -specific Program Supplement must be executed for each programmed project; and WHEREAS, the City wishes to pursue the installation of pedestrian and bicycle facilities along the Morro Bay waterfront, referred to as the Waterfront Boardwalk, and has received the first grant for the project; and WHEREAS, said the Program Supplement has been.received and reviewed and has been found to generally meet the project needs; and WHEREAS, it is in the interest of the public to pursue this Project. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that said Program Supplement is hereby approved; and BE IT FURTHER RESOLVED, the Mayor is herewith authorized to execute said documents and such subsequent Project documents as warranted. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of March 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates ATTEST: BRIDGE BAUER, City Clerk PROGRAM SUPPLEMENT NO. M002 Date: September 17. 2002 to Location: 05-SLO-0-MOBY ddhDMINISTERING AGENCY -STATE AGREEMENT Project Number: RPSTPL-5391(010) OR FEDERAL -AID PROJECTS NO. 05-5391 E.A. Number: 054A 1164 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 11/01/00 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority. of Resolution No. approved by the Agency on (See copy attached). The .Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: Morro Bay - at the waterfront embarcadero near Morro Rock TYPE OF WORK: Construct ped boardwalk & bike/ped path LENGTH: O(MILES) Estimated Cost Federal Funds Matching Funds RPBO $75,250.00 LOCAL SB45 STATE OTHER $0.00 $9.750.00 $0.00 $85,000.00 CITY OF MORRO BAY By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Zmplementatic Division of Local Assistance Date I hereby certify upon my Personal knowledge that budgeted funds are available for this encumbrance: Accounting Offi (/VG" Data /(f ,0 Z - S85.000.00 Chapter Statutes It Ye r V -09r ac I category Fund Source AMOUM 106 2001 106 2001 2660-101-890 2001-2002 2660-101-042 2001-2002 20.30.600.635 20.30.600.635 S 262042 892-F S 262040 042-T 75 250.00 9,750.00 Program Supplement 05-5391-MO02- ISTEA Page 1 of 5 05-SLO-04v1OB Y 09/ 17/2002 RPSTPL-5391(010) ® SPECIAL COVENANTS OR REMARKS 1. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned, Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. This agreement supplements the ADMINISTERING AGENCY -State Master Agreement for Federal -Aid projects, with the understanding that all provisions of the Transportation Equity Act (TEA-21) apply. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal ® year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-133 superseded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 5. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. ® 7. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Program Suppleme= 05-5391-M002- ISTEA Page 2 of 5 05-SLO-0-MOBY 09/17/2002 RPSTPL-5391(010) El SPECIAL COVENANTS OR REMARKS Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for . reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 8. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 9. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the ® component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 10.STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. ll.This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: ® Funds allocated for the environmental & permits, plan Program Supplement05-5391-M002- ISTEA Page 3 of 5 05-SLO-0-MOBY 1• Mh RPSTPL-5391(010) SPECIAL COVENANTS OR REMARKS specifications & estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 12.Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and ® conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 13.This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 14.The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. Program Supplement05-5391-M002- ISTEA Page 4 of 5 05-SLO-0-NIOBT 09/17/2002 RPSTPL-5391(0I0) 11 E SPECIAL COVENANTS OR REMARKS 15.All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Suppleme= 05-5391-M002- ISTFA Page 5 of 5 RESOLUTION NO. 11-03 0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING THE GOVERNOR'S BUDGET PROPOSAL TO REMOVE BASIC AID STATUS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Governors proposed budget for 2003-2004 would eliminate the method of school finance known as "basic aid" funding and. use local revenues from property taxes in San Luis Obispo County to offset the State budget deficit; and WHEREAS, San Luis Coastal Unified School District relies on basic aid funding and local property taxes for the benefit of local schools in Los Osos, Morro Bay, and San Luis Obispo; and WHEREAS, San Luis Coastal Unified School District estimates it would have to cut 10% of its budget if basic aid funding were eliminated; and WHEREAS, the school children, families, employees in the San Luis Coastal ® Unified School District and other school districts throughout the State of California would suffer greatly from the reduction in programs and layoffs of staff that would result from the elimination of the basic aid method of school finance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, hereby opposes that portion of the Governor's proposed 2003- 2004 budget which would eliminate basic aid funding and shift our locally generated revenues to Sacramento. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of February 2003 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, and Yates None None �y.� • � .1. ems.._ 6 - lJ ® RESOLUTION NO.12-03 A RESOLUTION APPROVING A THIRTY-THREE DAY (33) DAY EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS T H E CITY COUNCIL City of Morro Bay, California WHEREAS, at its February 10, 2003 meeting the City Council approved_ the Cable System Franchise renewal agreement with Charter Communications; and WHEREAS, the effective date of the agreement will be April 1, 2003 to allow enough time to fully execute the agreement by both parties and give Charter Communications time to submit insurance certificates and the security fund as required by the agreement; and WHEREAS, the current Cable Television Franchise Agreement with Charter Communications will expire February 26, 2003 and there will be thirty-three days before the renewal agreement will become effective. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the approval of a thirty-three (33) day 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 24th day of February 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, and Yates NOES: None ABSENT: None ABSTAIN: None 111ro", 0 . . . . . Wyk MI EJ ® RESOLUTION NO.10-03 APPROVAL OF AMENDMENT 43 TO THE LEASE AGREEMENT FOR LEASE SITE 102/102W LOCATED AT 1001 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 102/102W; and, WHEREAS, Michael and Orietta DeGarimore are the lessees of said property; and, WHEREAS, the City and the lessees have reached an agreement, reviewed by the City Attorney, establishing a rental credit to resolve issues relating to responsibility for revetment repairs; and, WHEREAS, the agreement is detailed in the attached Amendment to the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment #3 for Lease Site 102/102W is hereby approved and that the Mayor is hereby authorized to execute the attached lease amendment. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 Oth day of February 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, and Yates NOES: None ABSENT: None El Vj! UJ1 ® Third Amendment to the Lease Agreement for Lease Site 1021102W This third amc-ndment to the lease aoiecmcnt for Lease Site 102-1021rt' is mad-- this _ of January 2003 by and between the City of Morro Bay (hereafter "City') and Michael D-garimore and C.-iz—:a Deganntorz (;tereinaYeirefered to as "ferutt'1. - 'WHEREAS, by Resolutions 52-85 and 53-85 City consented to assignment and amendment of d;e lease age --meat for Lease Site 102 02-W dated May 21, 1962 (hereinafter "tie Lease•'; from Brebe z Ocean House [o Tenant effective on June -,,1985, and; WHEREAS, by Resolution 128-88, City and'Tenant entered into a second amendment to the lease effective October 19, 1989, and; VUEREA.S, City and Tena-it dispute which party is responsible for repairs that are recuirec to t:_e supporting structures to the dock on and abutting the lease site; and, WHEREAS, Citv and Tenant desire to amend the lease a third time to reach a mutually agreeab;e resolution that will allow the repairs to proceed and will clarifv the maintenance pT0"i3i0rs of the lease. NOW THEREFORE, the parties aerec to amend the Lease as follows 1. Tenant To Complete All Repairs To The site At Tenant's Sole Expense: Tenant agees to complete ail repairs as evidenced by final building inspecrion approval, to the Lease Site dock, revetnteat, bulkheads seawalls, foundation and supporting strucrures as outlined in building ® permit 126816 and in the proposal and contract dated October 4, 2002, from R and B Associates Marine, artached hereto as Exhibit A and made a pan hereof by this reference, no later than June 30, 2003. Material failure to complete said repairs as outlined will be a default and breach under the Lease. 2. City To Reimburse Tenant For A Portion of Repair Costs Through A Rent Credit: City agrees to provide Tenant a rent credit of $65,000 in consideration of Tenant computing all repairs to the site, as referenced in Section 1 above. Said rent credit to be allocated as follows: January 1, 2003: Jury 1, 2003: January 1, 2004: July 1, 20N JanuW-v 1, 2005: July 1.2005: January L 2006: S10,500 Rent Credit to Tenant 510,500 Rent Credit to Tenant S10,500 Rent Credit to Tenant $10,500 Rent Credit to Tenant $10,500 Rcnt Crcdit to Tenant $10,500 Rent Credit to Tenant 5 2,000 Rent Credit to Tenant 3. Future -Maintenance Or Repair Obligations On The Lease Site: The lease requires City to keep in proper maintenance and repair all bulk heads or seawalls in the Morro Bay harbor abutting, the !ease premises. The repairs to be completed by Tenant hereby resolves the current dispute of interpretation of the pasties' maintenance responsibilities under the lease and the City 02'03i2003 O�:37 FAX $05 541 2866 SS&B z 00: ® shall not hereinafter be responsible for any maintenance or repair obligation. to the bulkncas or seawalls en 0e lease site which are the express subject of the repair refcrctccd in Section 1 above. The resolution herein shall be without prejuthice and shall constivAc no waiver or course of conduct as may concern any tinure issue concerning ;any portion of the bulkheads or seawalls r?mi is rut the express subject of the current repair. Ail other terms and rand; Lions of the Lease shall remain in full force and effect. L\ WITNESS WHEREOF. the oarties hereto hereby execute this Amendment. CITY OF MORRO BAY Te nt ;i'illiatn `atcs, Mayor WIchael DeGarimore Rebert Hendrix, City R1ana¢er Orietta DeGarimore APPROVED AS TO FORM ® Robert Schultz, City.kno ey ATTEST Brdgett Baua City Clerk 11 CITY COUNCIL �esa/. No Ao/o117z e 0/ sccrcfo'ry /'/. Ccmm. ® RESOLUTION NO.09-03 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 53-56/53W-56W FROM SYLVESTER'S TUG SERVICE (LOCATED AT 501 EMBARCADERO) TO ESTERO LANDING, INC. 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 53-56/53 W-56W; and, WHEREAS, Sylvesters Tug Service is the lessee of said property; and, WHEREAS, Sylvester's Tug Service has requested City Council approval of assignment of the lease agreement for Lease Site 53-56/53 W-56W to Estero Landing, Inc.; and, WHEREAS, the principal of Estero Landing, Inc. has 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 Morro Bay that the lease agreement for Lease Site 53-56/53W-56W is hereby assigned from Sylvesters Tug Service to Estero Landing, Inc. 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 final assignment and assumption documents by April 14, 2003. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the I Oth day of February 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, and Yates NOES: None ABSENT: None WILLIAM YATES, MA is BRIDGE AVER, CITY CLERK ® RESOLUTION 08-03 A RESOLUTION APPROVING A TEN YEAR CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH CHARTER COMMUNICATIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Charter Communications notified the City in 1999 of their desire to renew their cable television franchise that was scheduled to expire in February 2001; and WHEREAS, upon receiving this notification from Charter Communications, the City of Morro Bay began preparing for the renewal process by holding several public workshops with the Public Works Advisory Board and conducting an extensive survey in the winter of 2000 to assess the capabilities of the current cable system and ascertain the community's future cable related needs. The results from the workshops and survey were used to create formal franchise renewal objectives to guide the City through the franchise renewal process; and WHEREAS, the City began meeting with Charter Communications in 2001 to develop a mutually acceptable franchise renewal agreement. Because the City and Charter Communications were not able to reach agreement on a new franchise prior to the February 2001 franchise expiration date, the City and Charter Communications mutually agreed to extend the existing franchise for short-term increments until an acceptable franchise agreement was ® developed; and WHEREAS, in January 2003, City staff and Charter Communications were able to reach agreement on a ten year franchise renewal proposal for the City Council's consideration. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay approval of a ten-year.franchise renewal agreement with Charter Communications. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 10'h day of February 2003 by the following vote: AYES: Elliott, Peirce, Yates NOES: Peters_. Winholtz ABSENT: None ABSTAIN: None A EST: 0.,ttA�i BRIDGETT B�IUER City Clerk ® RESOLUTION 07-03 A RESOLUTION APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY, ENFORCEMENT SECTION, AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required by sections 43202-03 of the Public Resources Code to designate an enforcement agency to carry out the provisions of the California Integrated Waste Management Act of 1989; and WHEREAS, the City of Morro Bay has previously designated the San Luis Obispo County Health Department, Division of Environmental Health to be the enforcement agency and now in accordance with Title 14, California Code of Regulations, Section 18056 wishes to withdraw that designation; and WHEREAS, the City of Morro Bay in accordance with Title 14, California Code of Regulations, Section 18051 wishes to designate the San Luis Obispo County Integrated Waste Management Authority Enforcement Section as the enforcement agency. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Morro Bay that it hereby withdraws the designation of the San Luis Obispo County Health ® Department, Division of Environmental Health as the enforcement agency and designates the San Luis Obispo County Integrated Waste Management Authority, Enforcement Section. as the enforcement agency. BE IT FURTHER RESOLVED, this action is conditioned on the California Integrated Waste Management Board certification of the San Luis Obispo County Integrated Waste Management Authority, Enforcement Section. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the I Oh day of February 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, and Yates NOES: None ABSENT: None ABSTAIN: None N IN, FI- A V4 1 E RESOLUTION NO. 06-03 ® A RESOLUTION AWARDING INVITATION TO BID NO. T1-02 TO PURCHASE ONE (1) NEW LIFT EQUIPPED TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in December 2001 the City submitted a grant application to the State of California Department of Transportation for a Rural Transit System Grant Program grant for the purchase of one (1) new lift equipped trolley; and WHEREAS, the Cityof Morro Bay was notified in February2002 that it would be awarded a S 108,000 Rural Transit System Grant Program grant for the purchase of said trolley; and WHEREAS, in April 2002 the City submitted a grant application to the State of California Department of Transportation for a Section 5311 Discretionary Grant for the purchase of one (1) new lift equipped trolley; and WHEREAS, the City of Morro Bay was notified in late September 2002 that it would be awarded a $14,240 Section 5311 Discretionary Grant for the purchase of said trolley; and WHEREAS, the City of Morro Bay will use the Rural Transit System Program Grant as the local match to the Section 5311 grant thereby requiring no general funds for the purchase of the new ® trolley; and WHEREAS, in December 2002 the City of Morro Bay disseminated Invitation to Bid No. T1-02 to twelve trolley manufacturers around the country; and WHEREAS, pursuant to Section I, Item 6 of the General Bidders Conditions and Instructions, Molly Corp. was deemed the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council award Invitation to Bid No. T1-02 to Molly Corp. to purchase one (1) new lift equipped trolley in the amount of 5105,432.55. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27t' day of January 2003 by the following vote: AYES: Elliot, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ABSTAIN: None AT� \. ® B II//RIDGETT i UER, City Clerk ® RESOLUTION NO. 05-03 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF FIRE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with the Morro Bay Fire Fighters Association; and WHEREAS, the meeting between the Morro Bay Fire Fighters Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and ® WHEREAS, the City now desires to provide said salaries, benefits and conditions to said fire employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding for the period January 1, 2003 through June 30, 2006 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this day of January 27, 2003 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: Yates ABSENT: None WILLIAM YATES, ATTEST: 10 (�Ja\L BRIDGETT 4. . , City AClerk is RESOLUTION NO.04-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DISCOURAGING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is host to over one -million visitors every year, the vast majority of whom visit during the summer months; and WHEREAS, the City acknowledges the existence of increased traffic and a parking shortage during the summer months; and WHEREAS, when street work is undertaken during the summer months, traffic congestion often occurs and valuable parking spaces are lost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ® Morro Bay, California, that it is the City's goal - letting common sense prevail - that all street work, including striping, trenching, re -paving, sealing, tree trimming, and any other street maintenance or improvements that may cause traffic congestion or loss of parking spaces, be undertaken during the nine months from Labor day to Memorial Day. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of January, 2003 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None BREDGETTBAUER, City Clerk El ® RESOLUTION NO.03-03 A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES THE CITY COUNCIL City of Nlorro Bay, California WHEREAS, the City Council adopted Resolution 48-01 approving the Garbage, Recycling and Greenwaste Franchise Agreement with Morro Bay Garbage Service (MBGS) for collection services effective January 1, 2002 and setting the initial rates for collection for residential and commercial customers; and WHEREAS, pursuant to Article 8.4, the City will use the guidelines and approach outlined in the City of San Luis Obispo's "Rate Setting Process and Methodology Manual for Integrated Solid i'Vaste Management Rates"; and WHEREAS, also pursuant to Article 8.4, adjustments for cost of living increases to the collection rates are to be made at the end of the first and second year, and at the end of the third year a comprehensive rate study is to be conducted; and WHEREAS, on December 10, 2002, MBGS Controller Tom Martin submitted an interim ® rate adjustment application in conformance with the franchise agreement and rate setting manual requesting a 2.07% increase to solid waste collection rates. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the approval of Morro Bay Garbage Service's Interim Year Rate Adjustment Application to increase the solid waste collection rates by 2.07% as outlined in Exhibit A. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay the increased solid waste collection rates will become effective March 1, 2003. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of January 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN Elliott, Peters, Winholtz, Yates Peirce None None ATTEST: \� BRIDGETT03AUER, City Clerk City of Mono Bay ® Interim Year Rate Adjustment Application Rate Increase Requested ihri.? ? i>ririr�?l�ryi f'�'i�r'ir'i ��'i:i rir�ri0?rir_ri i^riOY,.�:::�: H.04:/. �i:�ir✓s>pprip:.:iCnri�iry:SO::GO riri ri: Rate Schedule Single Family Residential 2. Mini -Can Service 3. Economy Service 4. Standard Service 5. Premium Service Current Increased Adjustment z.o7v. New Rate $6.88 S7.02 - $7.02 S11.00 S11.23 $11.23 S22.00 $22.46 S22.46 $33.00 $33.68 SO.01 $33.69 5.b. Multiunit Residential and Non-residential Rneinceuesof z.o7•i. will be applied to all rates in each structure ® with ewb rate rounded up to the nearest $0.01 .n�.,,,�.�•aa$:9a?r.,q,:.�?..1:.,�?.; ;. �ong...s:..dry.rrocc:nrrrra:..�:n,:r,:.:r:.�:..: r.,,�. �oq..; To the best of my kmwicdge, the dam and information in this appliotion is compote, accurate. and consistent with the instructions prmided by the City of Morro Bay Narrc: TOM MARTIN � Title: Controller Dates 12W2002 v' FISCAL YEAR 1-1-2003 TO 12-31-2003 Pg. 1 of 2 . UEC U Zp D ® ADMINISTRATION OFFICE CITY OF MORRO BAY City of%fonoBay DEC -EMBER 2002 ® Interim Year Rate Adjustment Application 0 �Q��d� Financial Information D DEC I U 2Dni Base Year Controllable Costs 6. Total Allowable Costs $872,513 ADMINISTRATION OFFICE 7. Plus Allowable Operating Profit S91,957 qTY Of MORRO BAY 8. Plus Lease Pavments to Affiliated Companies SO 9. Equals Total Controllable costs 11 S964,470 69.2°/. , Base Year Pass Through Costs 10. Tipping Fees Franchise I = IL Plus AB 939 and Regulatory Fees 12. Equals Total Pass Through Costs 13. Base Year Revenue Requirements SI 393.065 100•/. Change in Controllable Cost 14. Historical Percentage Change in Consumer Price Index ® Change in Pass Through Cost 15. Bid Year 2002 Tipping Fees Bid Year 2002 Franchise Fees 16. Plus Bid Year 2002 AB939 Rea IT Equals Total Base Year Pass Through Costs 18 Projected Interim Year 2003 Tipping Fees Projected Interim Year 2003 Franchise Fees 19. _ Projected Interim Year 2003 AB939 Fees 20. Equals Total Projected Interim Year Pass Through costs 21. Projected Percentage Change in Pass Through Costs o. Section III Gglcnlata9n of.,P'e we g9iange In Ttate .._. , o ........ Weighted Change in Controllable Costs 22. Controllable Costs as a Percent of Base Year Revenue Requirements 69.2 23. Aultiplied b Percent change in CPI 11 3.0% 24. Equals Weighted Percent Change in Controllable Costs 11 2.08•/. Weighted Change in Pass Through Costs 25. Pass Through Costs as a Percent of Base Yr Revenue Requirements 26. Multiplied b Percent Change in Pass Through Costs 27. - Equals Weighted Percent Change in Pass Through Costs Total Change is28. , Total Percent Change in Cost (Line 24+ Line 27+ Line 28) 29. Divided by Adjustment for Franchise Fee (1-10.0 percent) 30. Equals Percent change in Existing Rates FISCAL YEAR 1-1-2003 TO 12-31-2003 Page 2 of 2 Public Data Query Page 1 of 1 ® U.S. Department o _ of Labor = Bureau of Labor Statistics Bureau of Labor Statistics Data WWW.b15.9ov Search I A Z Index BLS Home I Programs & Surveys I Get Detailed Statistics Glossary What's New Find It! In DOL El Change Output Fmm: 1992 R-1 To: 2002', ®' Options: r include graphs NEW! More Formatting ODtions=Ebo- Data extracted on: December 6, 2002 (4:49:21 PM) Consumer Price Index - All Urban Consumers 12 Months Percent Change Series Id: CUURA421SA0 I Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, Item: All items Base Period: 1982-84=100 Year Oct 1992 3.8 1993 1.7 1994 1.7 1995 1.2 1996 2.3 1997 1.4 1998 1.3 1999 2.5 2000 3.9 2001 2.6 2002 3.0 o R( R 0 W � uEc , Ij ?o 2 D FrecItigntly Asked Questions I Freedom of Information Act I Customer Survey Privacy & Security Statement i Linking to Our Site I Accessibility Information U.S. Bureau of Labor Statistics Phone: (202) 691-5200 ® Postal Square Building Fax-on-demand:(202) 691-6325 2 Massachusetts Ave., HE Data questions: blsdata staff0bls.00v Washington, DC 20212-0001 Technical (web) questions: webmasterlFjbls.aov Other comments: feed back@bls.n ov http://data.bls.gov/servlet/SurveyOutputSerN,let 12/6/02 Exhibit A 1 CITY OF MORRO BAY 2.07% AVERAGE ACROSS THE BOARD INCREASE -COMMERCIAL FOR INTEGRATED SOLID WASTE ACTIVITIES EFFECTIVE 3-1-2003 COMMERCIAL WASTE WHEELERS (PER MONTH) size of COLLECTIONS PER WEEK WW 1 2 3 4 5 6 7 32 GALLON $ 23.19 $ 45.27 $ 59.21 $ 73.16 $ 95.24 $ 111 32 $ 139.83 64 GALLON S 33.65 $ 59.21 S 85.94 S 116.15 $ 145.20 $ 169.61 $ 199.75 96 GALLON $ 45.27 $ 78.96 S 116.15 $ 154.50 $ 188.20 $ 230.02 1 $ 277.55 Additional charge per can per collection: COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 S 57.11 $ 88.49 $ 114.04 $ 143.10 $ 165.18 $ 205.84 $ 310.98 1.5 $ 69.89 1 115.2 1 763 19506 236.07 $ 281.39 $ 412.80 S 83.84 $ 1465 S$ 002 $ 305.79 S 361.56 S 519.26 3 $ 108.25 $ 196.56 $ 276.74 $ 351.10 $ 454.53 $ 524.24 S 708.22 4 $ 143.10 $ 266.28 1 $ 369.70 S 494.04 $ 618.37 $ 699.71 $ 909.97 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS cubic yard (minimum charge) 1.5 cubic yards W1 2 cubic yards 3 cubic yards 4 cubic yards Proposed Rate Schedule for Integrated Solid Waste Services effective 3-1.2003 LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER Exhibit A OCITY OF MORRO BAY SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less) VOLUME -BASED RATES MINI -CAN SERVICE $ 7.02 per month for one 19 gallon wastewheeler container collected once each week ECONOMY RATE S 11.23 per month for one 32 gallon wastewheeler container collected once each week STANDARD RATE $ 22.46 per month for one 64 gallon wastewheeler container collected once each week PREMIUM RATE $ 33.69 per month for one 96 gallon wastewheeler container collected once each week SERVICE AWAY FROM THE STREET CURB $ 6.12 per month in addition to above service level EXTRA CHARGES $ 5.61 EXTRA GARBAGE additional charge per 33 gallon can or equivalent volume per collection (minimum I can) $ 5.61 OVERFILLED WASTE WHEELER LID MUST BE FLAT ® S 2.81 EXTRA RECYCLING additional charge per 33 gallon can or equivalent volume per collection (minimum I can) EXTRA GREENWASTE additional charge per 33 gallon can or equivalent volume per collection (minimum I can) S 2.81 S 20.41 SWITCH WASTE WHEELER SIZES MORE THAN ONCE PER 12 MONTHS S 35.72 per white good, couch, or hide -a -bed (once a month) $ 10.21 1 per mattress, boxspring, or small chair, TV, microwave Proposed Rate Schedule for Integrated Solid Waste Services effective 3.1-2003 LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER Exhibit A ® CITY OF MORRO BAY 11 RATE SCHEDULE FOR COMMERCIAL RECYCLING ACTIVITIES IF YOU RECYCLE TWO CUBIC YARDS OR LESS (ABOUT THE SAME AS TWELVE 33 GALLON TRASH CANS) ONE TIME PER WEEK THERE IS NO CHARGE FOR THE RECYCLING COLLECTION. EVERY COMMERCIAL CUSTOMER IS ENTITLED TO RECEIVE A 96 GALLON BLUE WASTE WHEELER FOR RECYCLING. A 96 GALLON WASTE WHEELER IS 1/2 OF A YARD. IF YOU WANT ADDITIONAL CONTAINERS FOR RECYCLING THERE IS A CHARGE. IF YOU WANT MORE THAN ONE TIME PER WEEK SERVICE, YOU CAN FIND THE CHARGE BY LOOKING AT THE TABLE BELOW. IF YOU HAVE THREE CUBIC YARDS PICKED UP TWICE PER WEEK THE CHARGE IS $49.14. THE TWO FREE YARDS ARE BUILT INTO THE TABLE, DO NOT SUBTRACT THEM FROM YOUR THREE CUBIC YARDS. IF YOU HAVE ANY QUESTIONS ABOUT WHAT YOUR CHARGES SHOULD BE CALL THE OFFICE. COMMINGLED RECYCLING & CARDBOARD COLLECTION COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 INCLUDED' $ 22.13 S 28.51 S 35.78 $ 41.30 $ 51.46 S 77.75 1.5 INCLUDED' S 28.80 $ 38.68 $ 49.14 $ 59.02 $ 70.35 S 103.20 2 INCLUDED' $ 36.64 S 49.14 S 62.50 $ 76.45 $ 90.39 S 129.81 3 S 27.06 $ 49.14 $ 69.18 $ 87.78 1 $ 113.63 $ 131.06 IS 177.06 4 $ 35.78 $ 66.57 $ 92.42 S 123.51 1 S 154.60 $ 174.93 $ 227.49 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. There is a $5.10 per month rental fee if you want a blue steel bin The $5.10 fee is waived once you begin paying for the pickup service. WHITE OFFICE PAPER COLLECTION White office paper can be commingled with other recycling in your blue waste wheeler. In office collection of white/colored paper is available at $ 42.05 per hour STYROFOAM COLLECTION Styrofoam is no longer collected for recycling. It should be thrown away as trash. Proposed Rate Schedule for Integrated Solid Waste Services effective 3-1-2003 LATE FEE IS $5 PER MONTH OR 18% PER ANNUM WHICHEVER IS GREATER ® RESOLUTION NO.02-03 RESOLUTION REVOKING COUNCIL RESOLUTION NO. 13-01 AND THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED TO BEACH CITIES CAB COMPANY, INC. WHEREAS, the City Council; pursuant to Municipal Code Chapter 5.24, has the authority to issue and revoke a Certificate of Public Convenience and Necessity for a company to operate a taxicab service in Morro Bay; and WHEREAS, the City Council previously issued a Certificate of Public Convenience and Necessity to Jeffrey Goldenberg, DBA Beach Cities Cab Co., Inc.; to conduct a taxicab service in the City of Morro Bay; and WHEREAS, Morro Bay Municipal Code Chapter 5.24 contains additional provisions that a taxicab service provider must comply with in order to continue to operate under the Certificate of Public Convenience and Necessity; and WHEREAS, the City Council has found that Beach Cities Cab Co., Inc., has failed to comply with the driver permit, vehicle inspection and liability insurance ® provisions of the Municipal Code; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that Council Resolution No. 13-01 granting a Certificate of Public Convenience and Necessity to Beach Cities Cab Co., Inc. to operate a taxicab service in Morro Bay is hereby revoked. PASSED AND ADOPTED b�, the City Council of the City of Morro Bay at a regular meeting held thereof on the 13 day of January 2003, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None CITY CLERK Cr". pzoti / u u'�-- k.01.. .- - - E POLICY NO. R0408282A I FORT LAUDERDALE, FL 33309 INSURANCE THE INSURANCE CORPORATION OF NEW YORK COMPANY One Canterbury Green Stamford CT 06901 BEACH CITIES CAB CO., INC. NAME AND ADDRESS P. 0. BOX 886 OFINSURED PISMOBEACH CA 93348 REASON NonPayment of Premium to Agent CANCEL LATION AffUCABLE 40 MARKED NON. RENEWAL KIND OF POLICY PATQ punsrwomlq 11110102 12:01:00 AM 10/21/02 Transportation Program Managers, Inc. 2003 West Kennedy Blvd. ,.. papa, FL 33COC You am hereby naffed in accordance vnth the terms and mtd b= of the above motored ored policy that your insurance w0 cease at and horn the hour and date mentioned above. U the prem'vm had been paid, premium berystmentwil be made as soon as pracOrabb air cancellation bearres effective. U he premium has not been paid, a bit for the premium earned to the rune of cancelabon wil be forwarded in due course. You are hereby mated in accordance with he tents and ox'Aacros of the above mentioned policy that your inwmnce will cease at and for the hour and dare mentioned above X due to nonpayment of prertuum. A bill for the Premium earned to the time of cancellation wil be forwarded in due muse. You are hereby not5ed in accordance with he terms and mnduons of to above mentioned poky that the above mentioned policy will expire e:edae at and bmt the hour and doe marooned above and the policy will NOT be renewed. CONSUMER REPORT ❑ hoorrptiatce wYh the Fair Craft Re" Act (Pubic iav91-509),you are hereby nimned Ind the above is ontakrn above berg t*mwtolya partly becauseof dun.e53 mmainadhacav ssrarreport Iran the 6lantg mrsonermpor9 agerx;y NOTICEn • • r TO LIENHOLDER You are hereby noURed that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, Issued to the above Insured, is hereby cancelled (or terminated) in accordance with the conditions of the policy, said cancellation (or termination( to be efi#ctive an and after tPR;=) a mentioned above. a.. INSURANCE • THE INSURANCE CORPORATION OF NEW YORK COMPANY One Canterbury Green Stamford CT 06901 SE AND .CITY OF MORRO BAY ADDRESS •945 HARBOR ROAD OF LIEN. MORRO BAY CA 93445 HOLDER Certificate Holder TC12000 04196 4I4:1: W ill'I =1 3i-:10183 7 pu OCT 3 1 2002 V C.' El POLICY NO. R0408282A NM1M OF C94CBJL9TMORNOMMEML IOND OF POLICY ISSUED THROUGH AGENCY OR OFFICE AT: CANCELLATION OR TERNNATION WILL TAKE EFFECT AT: Wt`a pUleSiAbVtn mat FORT LAUDERDALE, FL 33309 12l31/02 12:01:00 AM COPYOF NOTICESENTTONfNY®tlSLX= INSURANCE THE INSURANCE CORPORATION OF NEW YORK COMPANY One Canterbury Green Stamford CT 06901 BEACH CITIES CAB CO., INC. NAME AND ADDRESS P. O. BOX 886 OFINSURED FiSiviUBEACH CA 93348 REASON Nonpayment of Premium to Finance Company CANCEL unoN APPLICABLE MAIM NON. RENEWAL accordance wM the temis and DATE OF NOTICE 12111/02 Transportation Program Managers, Inc. 2003 West Kennedy Blvd. Tampa, FL 33606 Uthe premnan had bm paid, Vmium adusO w wl be made as som as prdcbc2 a after ancdaOm beanes effectrve. U the prendca has not been paid, a bill for the pren umn earned to to one of cancellation all be forwarded in due cp r You are hereby no05ed in aaadarre wth de to and ardG s of dv above m timed po0ry dQt your amuralce wdI cease at and from to fear ad date menimed above due to nonpayalent of pmvdum X A bit for the premium eared to the fare of ancelate n wl be bf,,,hd a, due ralese. date MwWr d above and the policy will NOT be renewed. OTA CONSUMER REPORT tlmTpfaaxwihhe Fa00afl FaP0db Act Put& Lav,91504 youare hereby rbnvd tote amcnblaalloe a them Walwholjn paOfbecasedidrmatm msanei baron erne repot tan to bbav mevata mpa9 a9�Y IMPORTANT FTHsN0iCEPE iTAt5TOTFECANCHIATmoRNmesN.YCFwTOiv6OQE tmw rF REASESFETH=%KRTAM tFOAATICNCNTH_FEVERSESIDE CCNaFIM NOTICE TKCONRv1ATYCFYOLR1SJWJCE TO UENHOLDFR You are hereby notified that the agreement under the Loss Payable Clause payable to you as Uenholder, Welch is a part of the above policy, Issued to the above insured, is hereby cancelled (or terminated( in accordance with the conditions of the policy, said cancellation (or termination( to be etl{clive on and after the hour da a mentioned above. 1 INSURANCE -THE INSURANCE CORPORATION OF NEW YORK COMPANY One Canterbury Green Stamford - CT 06901 0E AND .CITY OF MORRO BAY ADDRESS .945 HARBOR ROAD OF LIEN - MORRO BAY CA 93445 HOLDER Additional Insured TC12000 04126 LIEN HOLDER'S COPY a a p p p Total Postage & Fees I J r Beach Cities Cab Co. C/O Mr. Jeff Goldenberg P.O. Box 886 Pismo Beach, Ca. 93348 i:. UBLIC HEARING Certified 9 7000 1670 0011 6639 7774 Re: Revocation of certificate of public conveyance and business license # 97274 Dear Mr -Goldenberg; ® The City of Morro Bay has been notified that your insurance policy has lapsed. The insurance policy you did have failed to name the City of Morro Bay as the indemnified party and failed to meet the one million dollar minimum requirement. You have also failed to meet the individual driver registration requirements. As a result, please consider yourself notified that, at the Police Chief's request, The City Council of Morro Bay will be asked to revoke your business license numbered 97274. This request will be considered by The City Council at its meeting on Monday, January 13, 2002, to be held at 6 P.M. at The Veterans Hall, 201 Surf Street, Morro Bay. Please know that we will do all we can to guide you through this process. Please contact me if you wish to discuss this matter in depth. I am available from 7:00 A.M. - 4:00 P.M., Monday through Friday, at 805-772-6294. Sincerely, Joseph S. Loven, Chief of P9Uq# Albert L. Sengstock, Code Enforcement Officer ® Note: Chapter 5.24 M.B.M.C. was sent,in the previous certified notice It 7000 1670 0011 6639 7811 ® CITY COUNCIL RESOLUTION NO. 01-03 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 13th day ofJanuary, 2003, by the following vote to wit: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates None None 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. Policv 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:WILESIMSWORDVNVESTME\INVPOLCY.INV.dm _1_ ® Statement of Investment Policy City of Morro Bay, California January, 2003 expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Ob ieci Live 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 Is 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 of authority 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 refiain 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. ® U:\FILES\MSWORDVNVESTMEVNVPOLCY.INV.dm _2_ ® Statement of Investment Policy City of Morro Bay, California January, 2003 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/Dealers) and Small Investors Protection Corporation (SIPC) Certification of having read the City of Morro Bay's Investment Policy Certification of authorization to do business in the State of California 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 ® U1FILESWISWORDUNVESTMEUNVPOLCY.INV.dm _3_ ® Statement of Investment Policy City of Morro Bay, California January, 2003 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. forting The Treasurer is charged with the responsibility of making a monthly investment portfolio report to the City Council of the City of Morro Bay. The monthly report shall include an accounting for all cash and investments in the portfolio and shall include both cost and marked -to -market value as 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. E ® U:\FILESN1SWORDUNVESTMEIINVPOLCY.INV.dm 4- ® Statement of Investment Policy City of Morro Bay, California January, 2003 Glossary of Terms Bankers' Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill. as well as the issuer. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Comprehensive Annual Financial Report (CAFR): The official annual report of the City of Morro Bay. It includes combined statements of each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related and contractual provisions, introductory material and a detailed statistical section ® Delivery Versus Payment: One of two methods of delivery of securities. Similar to an escrow for a home loan, where a third party holds both the payment and the security and exchanges them after all specifications have been met. Diversification: A method for reducing investment risk by using a variety of investment instruments and financial institutions to avoid a single catastrophic failure. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without a substantial loss in value. LAIF: California Local Agency Investment Fund is an investment pool which aggregates all funds from political subdivisions and invests them under the custody of the State Treasurer. Market Value: The price at which a security is trading and could presumably be sold or purchased. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. ® U:\FILES\MSWOPDUNVF_STMLVNVPOLCY.INV.doc -5- ® Statement of Investment Policy City of Morro Bay, California January, 2003 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. W` U.\FILFSIMSWORDUNVESTMLVNVPOLCY.INV.DOC -6-